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Interpretation Response #15-0035 ([Hedrick, Gardner, Kincheloe & Garofalo, LLP] [Ms. Lindsey L. Smith])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Hedrick, Gardner, Kincheloe & Garofalo, LLP

Individual Name: Ms. Lindsey L. Smith

Location State: NC Country: US

View the Interpretation Document

Response text:

June 18, 2015

Ms. Lindsey L. Smith
Attorney
Hedrick, Gardner, Kincheloe & Garofalo, LLP
P.O. Box 30397
Charlotte, NC 28230

Ref. No. 15-0035

Dear Ms. Smith:

This responds to your request for clarification on testing requirements for cargo tanks under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request verification that letter of interpretation Ref. No. 01-0230 is consistent with current HMR requirements in § 180.407 on cargo tank testing requirements. Letter of interpretation Ref. No. 01-0230 stated that it is acceptable to test a cargo tank within the month that the test is due.

The answer is yes. The response in letter of interpretation Ref. No. 01-0230 is consistent with the current HMR requirements in § 180.407. Our position remains that for the month when a test becomes due, the test must be completed prior to the end of the month. For example, for tests required at one-year intervals, if the most recent test was conducted on March 19, 2014, then the next test must be completed by March 31, 2015. Or, if the test was conducted on March 30, 2014, the next test must be completed by March 31, 2015.

I hope this answers your inquiry. If you need additional assistance, please contact this Office at 202-366-8553.

Sincerely,

Dirk Der Kinderen
Acting Chief, Standards Development Branch
Standards and Rulemaking Division

180.407

Regulation Sections

Section Subject
180.407 Requirements for test and inspection of specification cargo tanks