HazMat Resources, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave. SE Washington. D.C. 20590 SEP 2 0 2010 Mr. Danny Shelton HazMat Resources, Inc. 10104 Creedmoor Road Raleigh, N.C. 27615 Ref. No. 09~098 Dear Mr. Shelton: This responds to your letter requesting clarification of the inspection and registration requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether a person must register with the Department in order to perform a wet fluorescent magnetic particle inspection. The answer is yes. Sections 180.407(a)(3) indicates that any person who witnesses or performs a test or inspection specified in § 180.407 must meet the minimum qualifications prescribed in § 180.409, which include registration with the Federal Motor Carrier Safety Administration (FMCSA) in accordance with Part 107, SUbpart F of the HMR. In addition, § 180.409 indicates that, except as otherwise provided in § 180.409, any person who performs or witnesses a test required by § 180.407(c) must be registered with the FMCSA. Section 180.407(c) requires performance of the pressure test. Under the pressure test requirements in § 180.407(g)(3), certain MC 330 and MC 331 cargo tanks used for the transportation of liquefied petroleum gas or anhydrous ammonia are required to be inspected by wet fluorescent magnetic particle examination. Furthermore, the wet fluorescent magnetic particle examination must be performed in accordance with Section V of the ASME Code and CGA Technical Bulletin TB-2 immediately prior to and in conjunction with the performance of the required pressure test. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, c-7r#~ T. Glenn Foster Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 2Page 1 of2 ~·'c¥els Supko, Ben <PHMSA> ~'SD .J.f67 ~lgO. 169 From: Rach, Suzanne <FMCSA> Sent: Wednesday, April 29, 2009 7:54 AM Cc: Simmons, James <FMCSA> Subject: RE: Question from Danny Shelton Car30 {cvnk-s 09 -()ottBTo: Supko, Ben <PHMSA> Good morning, James would like to circumvent any future repercussions regarding Mr. Shelton's inquiry by requesting that PHMSA and FMCSA concur jointly on the final response. Could you please draft an official response for Mr. Shelton? I apologize for the extra work, but we feel it best to present ajoint decision in this matter. Thank you for your time and patience in this matter, Suzanne Rach Engineer Office of Enforcement and Compliance Hazardous Material 202-385-2307 From: Supko, Ben <PHMSA> sent: Monday, April 27, 2009 2:13 PM To: Rach, Suzanne <FMCSA> Cc: Simmons, James < FMCSA>; Foster, Glenn < PHMSA> Subject: RE: Question from Danny Shelton Suzanne, Sections 1800407(a)(3) and 1800409 indicate that any person who performs or witnesses a test required by § 1800407(c) must be registered with FMCSA in accordance with Part 107, Subpart F of the HMR. Section l800407(c) requires performance ofthe pressure test. Under the pressure test requirements in § 1800407(g)(3), certain MC 330 and MC 331 cargo tanks used for the transportation of liquefied petroleum gas or anhydrous ammonia are required to be inspected internally by wet fluorescent magnetic particle examination. The wet fluorescent magnetic particle inspection must be in accordance with Section V of the ASME Code and CGA Technical Bulletin TB-2. I hope this helps, Ben From: Rach, Suzanne <FMCSA> sent: Thursday, April 23, 20098:28 AM To: Supko, Ben <PHMSA>; Foster, Glenn <PHMSA> Cc: Simmons, James <FMCSA> 4/29/2009#

Page 3Page 20f2 Subject: Question from Danny Shelton Mr. Shelton will want something more official and probably more concrete than what I can tell him. I'm assuming this is regarding HM-213C; All wet fluorescent magnetic particle examinations shall be performed by persons registered with the Department in accordance with 49 CFR 107.503 and qualified on the procedures in accordance with Section V of the ASME Code Do either ofyou have anything more official I can tell him regarding this? From: Simmons, James <FMCSA> Sent: Wednesday, April 22, 20093:04 PM To: Rach, Suzanne <FMCSA> Subject: Fw: Question Could you please handle this for me? Thanks Jos From: Danny Shelton <dgshelton@nc.rr.com> To: Simmons, James <FMCSA> Sent: Tue Apr 2111:34:122009 Subject: Question What is the status of a person being able to register with the Department to perform a wet mag inspection? All wet fluorescent magnetic particle examinations shall be performed by persons registered with the Department in accordance with 49 CFR 107.503 and qualified on the procedures in accordance with Section V ofthe ASME Code page 199 180.413 4/29/2009#