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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #17-0026 ([Mr. John Hardridge])

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

Interpretation Response Details

Response Publish Date:

Company Name:

Individual Name: Mr. John Hardridge

Location State: OK Country: US

View the Interpretation Document

Response text:

August 15, 2017

John Hardridge
3908 Vista Drive
Norman, OK 73071

Reference No. 17-0026

Dear Mr. Hardridge:

This letter is in response to your March 9, 2017, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to cargo tank requalification testing and marking. Specifically, you describe a scenario where a person voluntarily marks the retest date and the retest identification marking on a cargo tank in accordance with Part 180, Subpart E. You further note the cargo tank does not have a specification plate, special permit, or registration number.

We have paraphrased and answered your questions as follows:

Q1. You ask whether the HMR permit a person to perform requalification tests and apply associated markings on a non-Department of Transportation (DOT) specification cargo tank when not required.

A1. The answer is yes. Nothing in the HMR prohibits a cargo tank owner from voluntarily performing requalification tests on a non-DOT specification cargo tank. Typically, a non-DOT specification cargo tank is not subject to the periodic inspection or retest requirements of the HMR. However, the HMR include scenarios where a non-DOT specification cargo tank must undergo certain requalification testing and marking in Part 180, Subpart E. For example, § 173.315(m)(2) specifies conditions where non-DOT specification cargo tanks containing anhydrous ammonia require certain testing and must be marked in accordance with § 180.415.

Q2. You ask whether a person who voluntarily tests and marks a non-DOT specification cargo tank in accordance with Part 180, Subpart E is subject to performing the applicable tests and applying the retest markings in accordance with the HMR.

A2. The answer is yes. Under § 171.2(g), no person may represent, mark, or offer a packaging as meeting the requirements of the HMR unless the packaging is maintained, marked, and retested in accordance with the applicable requirements. Section 171.2(h)(3) specifies that test dates are subject to paragraph (g) when associated with the "specification, registration, approval, retest, exemption, or special permit markings" that indicate HMR compliance. Therefore, if the "test date" and "retest" identification markings are both applied to the cargo tank, then the applicable HMR requirements for the test and marking must be followed.

I hope this information is helpful. Please contact us if we can be of further assistance.



T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

180, 173.315(m)(2), 180.415, 171.2(g), 171.2(h)(3)

Regulation Sections

Section Subject
171.2 General requirements
173.315 Compressed gases in cargo tanks and portable tanks
180.415 Test and inspection markings