FMCSR 172.328B: Cargo Tank Shipping Name Marking — Q&A

No, this violation is not an automatic out-of-service condition. Across our inspection records, only 1 out of 8 citations for 172.328B resulted in an out-of-service placement, giving this code a 12.5% OOS rate. This is significantly lower than the 31.4% average OOS rate across all FMCSR codes. However, inspectors retain discretion based on the severity of the marking deficiency and the cargo involved. You should address the marking issue promptly, but this citation alone is unlikely to ground your vehicle.

172.328B is on the lighter end of hazmat marking violations. Our database shows it ranks #2269 out of 3,036 FMCSR codes by citation frequency, with only 8 all-time citations. Compare that to peer hazmat violations: General loading/unloading hazmat violations (177.834A-HMC) have 3,954 citations and a 99.2% OOS rate, while placarding violations (177.817(a)) have 2,274 citations and a 75.1% OOS rate. The 172.328B marking requirement is important for safety, but enforcement is rare and consequences are typically less severe than broader hazmat violations.

1. Inspect your cargo tank for proper shipping name markings that match your bill of lading and cargo manifest.
2. Verify the marking is legible, not faded or obscured.
3. If marking is missing or damaged, contact your carrier or tank owner to schedule correction before your next haul of hazardous gases.
4. Document the repair or correction with photos for your records.
5. Request a copy of the inspection report and review the specific deficiency cited.
6. If you believe the citation is inaccurate, you can file a DataQs (Driver and Fleet Operator Comprehensive HOS [Hours of Service] Compliance, Support, and Lifeguard) challenge through FMCSA within the regulatory period.

Enforcement of this citation is uncommon. Our inspection records show 8 all-time citations for 172.328B, with just 1 citation in the last 12 months and zero in the last 90 days. This low volume reflects either strong industry compliance with cargo tank marking requirements for gases, or infrequent inspection focus on this specific violation. For context, this makes 172.328B one of the rarest citations in the FMCSR code set.

WINDSTAR TRUCKING LLC (USDOT 2126272) leads with 2 citations for this violation. The remaining citations are distributed among carriers with single incidents: FUEL MARK INC, GERARDO AGUILAR GARCIA, QUALITY TANK SA DE CV, GETAWELDERCOM INC, BUTCH'S PROPANE LLC, and MIDSTREAM TRANSPORTATION COMPANY. The concentration in one carrier and the very low overall volume suggests this is not a systemic industry problem, but a sporadic compliance issue tied to specific operations or inspections.

Yes, you can file a DataQs challenge if you believe the citation is incorrect or the inspection finding is inaccurate. DataQs is FMCSA's system for disputing roadside inspection records. For a marking violation like 172.328B—which depends on inspectors' visual assessment of cargo tank identification—disputes often focus on whether the marking was actually present, legible, or in conformity with hazmat regulations at the time of inspection. You will need documentation (photos, maintenance records, or carrier proof of compliance) to support your challenge. File within the time limit specified in your notice.

Moderate priority. While 172.328B itself carries a low OOS rate (12.5%), improper or missing shipping name markings on a cargo tank carrying hazardous gases is a serious safety and regulatory compliance gap. Federal hazmat rules require clear identification for emergency responders. Correct the marking before your next load of regulated gases. The fact that citations are rare (zero in the last 90 days in our database) does not mean inspectors won't cite it—it means when they do, compliance is critical.

This citation is attributed to the carrier, not the driver. FMCSA's CSA system tracks violations by carrier USDOT number and vehicle. A 172.328B citation will appear on your carrier's safety record and may impact the company's Hazardous Materials BASIC score. As a driver, you should report any recurring marking issues to your safety manager so the carrier can correct the condition fleet-wide and avoid repeat citations. The violation reflects on equipment maintenance and hazmat compliance procedures, which are carrier responsibilities.