What 178.338-13 means in plain language
FSCR 178.338-13 governs the supports and anchoring systems on MC338 portable tanks—the pressurized stainless steel containers used to transport gases and other hazardous materials. The regulation requires that these tanks be properly supported and secured to the vehicle frame in ways that prevent shifting, tipping, or structural damage during transport.
When an inspector cites this code, they've typically found that the tank's mounting brackets, welds, fasteners, or securing straps are missing, damaged, improperly installed, or unable to safely restrain the tank under normal road conditions. Even minor corrosion or deterioration of support hardware can trigger a violation if it compromises the tank's stability.
This is a structural integrity issue—not a paperwork problem. A tank that shifts under braking or cornering puts the entire load, the vehicle, and everyone on the road at serious risk.
What our enforcement data actually shows
Across our 13 million+ inspection records, 178.338-13 has been cited only 4 times in all-time history. In the last 12 months, we've recorded zero citations, and in the last 90 days, zero citations. This code ranks #2480 out of 3,036 FMCSR codes by citation volume—extremely rare in enforcement.
When citations do occur, they result in an out-of-service determination 25% of the time (1 out of 4 all-time cases). This is notably lower than the all-FMCSR average OOS rate of 31.4%, suggesting that when inspectors do encounter support and anchoring defects on MC338 tanks, they often allow repairs to be made without immediately removing the vehicle from service.
The rarity of these citations reflects both the specialized nature of MC338 operations and the likelihood that most carriers in this segment maintain rigorous equipment inspection routines.
Who gets cited most
Our inspection records show that citations for 178.338-13 are distributed across specialized gas and welding supply carriers. All-time data identifies four carriers with one citation each: American Welding & Gas Inc, NUCO2 Supply LLC, Southern Gas and Supply of Birmingham, and GPM Transportation Company LLC. No single state dominates enforcement on this code, and the citation volume is too sparse to identify meaningful geographic trends.
The vehicle data shows one citation each on an International tractor, a Peterbilt tractor, and a trailer unit, indicating that defects can be found across different equipment combinations.
How severe is this compared to similar codes
This code sits at the lower end of severity within the hazmat category. For comparison, 177.834A-HMC (general loading/unloading of hazardous materials) has accumulated 3,954 citations with a 99.2% out-of-service rate—meaning nearly every inspection that finds a loading violation results in immediate removal from service. Similarly, 177.834(a) has 3,839 citations and a 97.9% OOS rate.
Other hazmat-related codes show wider variation: 177.817(a) (placarding violations) recorded 2,274 citations with a 75.1% OOS rate, while 172.602(c)(1) (emergency response information maintenance) shows 1,464 citations but a 0.0% OOS rate.
The fact that 178.338-13 remains rare and carries a below-average OOS rate suggests that when tank support issues are found, they may be correctable on-site or that enforcement is relatively light compared to loading and placarding violations.
How to avoid it
Before every trip with an MC338 tank:
- Visually inspect all support brackets and welded seams for corrosion, cracks, or separation from the frame. If you see rust scale or pitting around welds, report it immediately.
- Check every securing strap, chain, or cable for proper tension and attachment. Loosen or missing fasteners should be tightened or replaced before departure.
- Test the tank for movement by hand—gently push the tank from multiple angles. It should not shift more than a quarter-inch relative to the frame. Any play is a red flag.
- Look for paint loss or bare metal around mounting points, a sign of corrosion that may have weakened fasteners underneath.
- Verify that all mounting hardware (bolts, nuts, washers) is in place and not stripped. A missing washer or loose bolt may not seem critical, but it concentrates load and can fail under acceleration or emergency braking.
- Check for any signs of previous repair or welding that looks incomplete or poorly finished—poor welds will not safely support a pressurized tank.
- On older or high-mileage vehicles, have a qualified technician perform a detailed frame and mounting inspection at least annually. Repeated vibration and thermal cycling weaken even well-installed hardware over time.
These checks take 10–15 minutes and directly address the structural integrity that inspectors evaluate when enforcing this code.