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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 #19-0125

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

Interpretation Response Details

Response Publish Date:

Company Name: Guthrie Heli-Arc, Inc.

Individual Name: Kristen Powell

Location State: NY Country: US

View the Interpretation Document

Response text:

February 27, 2020

Kristen Powell
Guthrie Heli-Arc, Inc
6276 Clinton Street Road
Bergen, NY 14416

Reference No. 19-0125

Dear Ms. Powell:

This letter is in response to your October 30, 2019, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the testing requirements for a Department of Transportation (DOT) Specification MC 331 cargo tank. You describe a scenario in which an MC 331 cargo tank underwent external visual inspection and leakage testing in September 2017, but did not undergo any testing in 2018. Your company was scheduled to perform external visual inspection and leakage testing on the cargo tank in October 2019 and determined that a pressure test was also required. However, your customer stated that the cargo tank is still being used for deliveries and is, therefore, still in "hazardous materials transportation service" even though it has been out of Federal compliance for more than a year. Specifically, you ask for the definition of "service" and seek confirmation of your understanding that an MC 331 cargo tank that is not compliant with the HMR would be considered "out of service."

In your email, you reference § 180.415(b)(3); however, it is § 180.407(b)(3) that states:

The cargo tank has been out of hazardous materials transportation service for a period of one year or more. Each cargo tank that has been out of hazardous materials transportation service for a period of one year or more must be pressure tested in accordance with § 180.407(g) prior to further use.

The HMR do not define the phrase "hazardous materials transportation service," as used in § 180.407(b)(3). However, this Office generally agrees with your understanding that an MC 331 cargo tank that is not compliant with the requirements of the HMR would be considered out of service and would require pressure testing in accordance with § 180.407(b)(3).

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

Sincerely,

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

180.407(b)(3), 180.415(b)(c)

Regulation Sections

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