{"operation":"document","citation":"10-0027","title":"Federal Motor Carrier Safety Administration — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-12-17","effective_on":null,"summary":"10-0027 response to Federal Motor Carrier Safety Administration concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0027.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0027.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0027","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100027.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department ofTransportation Pipeline and Hazardous Materials\nSafety Administration \n 1200 New Jersey Avenue. SE\nWashington. DC 20590\nDEC 1 7 2010\nMr. Joseph J. Evans\nHazardous Materials Program Manager\nEastern Service Center\nFederal Motor Carrier Safety Administration\n802 Cromwell Park Drive, Suite N, FMCSA-ESC\nGlen Burnie, MD 21061\nReference No.1 0-0027\nDear Mr. Evans,\nThis is in response to your e-mail requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to the registration requirements for\nofferers and transporters of hazardous materials. Specifically, you ask whether a cargo tank\nAuthorized Inspector and Authorized Inspection Agency are required to register under 49 CFR\nPart 107, Subpart F, of the HMR. We apologize for the delay in responding and any\ninconvenience this may have caused.\nYou attached a copy of American Society for Testing and Materials (ASME) Form U-IA,\nManufacturer's Data Report for Pressure Vessels (7/01). You also attached a December 17,\n2009 response from this office to Mr. Donald Lampshire, Reference No. 09-0203, stating that the\nholder of a Department of Transportation (DOT) cargo tank registration number must also meet\nthe knowledge and ability requirements prescribed in the HMR to perform an authorized\ninspector's designated functions.\nThe answer is yes. An authorized inspector and an authorized inspection agency, as these terms\nare defined in § 171.8, are each required to register with the DOT as prescribed in § 107.502. As\nstated in the December 2009 response, this section prohibits any person from engaging in the\nmanufacture, assembly, certification, inspection, or repair of a cargo tank or cargo tank motor\nvehicle manufactured under the terms of a DOT specification or a special permit unless the\nperson is registered with the DOT in accordance with the provisions of 49 CFR Part 107,\nSubpart F.\nI hope this satisfies your request.\nSincerely,\n~/d/ ~- ,...~\n(,?----ve7V~n/n;~~~ \"''''\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nEdmonson\nEastern Service Center\n5171.8\nSuite N\n802 Cromwell Park Drive,\nUS Department\n$107.501\nGlen Bumie: MD 21061\nOf Transportation\nFederal Molor Carrier\nRegistration\nIn Reply Refer To:\nSafety Administration\n10 - 0027\nFMCSA-ESC-\nFebruary 4, 2010\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safely Administration\nOffice of HM Standards\nWr. Ed Mazzullo, Director\nEast Building, 20° Floor\nMail Stop: E27-303\n1200 New Jersey Ave., SE 20590\nDear Mr, Mazzullo:\nWith this letter I am requesting an interprelation of the applicability of the Hazardous\nMaterials Regulations as indicated in the below listed question.\nBackground:\n49 CFR §107.501 states that:\n(a) This subpart establishes a registration procedure for persons who are engaged in\nhe manufacture, assembly, Inspection and testing, certification, or repair of a cargo\nlank or a cargo tank motor vehicle manufactured in accordance with a DOT\nspecification under subchapter C of this chapter or under terms of a special permit\nissued under this part\n(b) Persons engaged to continuing qualification and maintenance of cargo tanks and\ncargo tank motor vehicles must be familiar with the requirements set forth in part 180,\nsubpart E of this chapter:\n49 CFR §107.502 General registration requirements also states that:\n(b) No person may engage in the manufacture, assembly, certification, inspection or\nrepair of a cargo tank or cargo tank motor vehicle manufactured under the terms of a\nDOT specification under subchapter C of this chapter or a special permit issued under\nthis part unless the person is registered with the Department in accordance with the\nencineer is considered to be registered if the person's emplover is registered\nprovisions of this subpart. A person employed as an inspector or design certifying\n\n<<<PAGE 3>>>\n\n2\n49 CFR §171.8 Definitions and abbreviations.\nAuthorized Inspection Agency means: (1) A jurisdiction which has adopted and\nadministers one or more sections of the ASME Boiler and Pressure Vessel Code as a\nlegal requirement and has a representative serving as a member of the ASME\nConference Committee; or (2) an insurance company which has been licensed or\nregistered by the appropriate authority of a State of the United States or a Province of\nCanada to underwrite boiler and pressure vessel insurance in such State or Province.\nAuthorized Inspector means an Inspector who is currently commissioned by the\nNational Board of Boiler and Pressure Vessel Inspectors and employed as an Inspector\nby an Authorized Inspection Agency.\nAuthorized Inspectors (Al's) certify that a specific cargo tank has been manufactured in\naccordance with the ASME Code Section VIll. Division 1. They are engaged in the\nquality control and inspection of the cargo tank as it moves through the manufactunng\nprocess. Once the construction of an ASME tank is completed the Al is required to sign\nthe U-1A, Report. Al's are also required to approve certain types of repairs on ASME,\nDOT specification cargo tanks as required by the ASME.\nQuestion:\nIs an Authorized Inspector (Al) and Authorized Inspection Agency as defined in 171.B\nsubject to the registration procedure In Subpart F - Registration for Cargo Tank and\nCargo Tank Motor Vehicle Manufacturers, Assemblers, Repairers, Inspectors, Testers\nand Design Certifying Engineers, 107.5017\nI can be reached at joseph. evans @dot.gov or 443 865 9929. | appreciate your quick\nresponse in this matter.\nSincerely yours\nJoseph J. Evaris\nHazardous Materials Program Manager\nAttachments:\nForm U-1A Manufacture's Data Report for Pressure Vessels\nUS DOT PHMSA interpretation No. 09-0203.\nCopy lo:\nUS DOT EMOSA HMPM Midwest Service Center\nlowa State Programs Manager","truncated":false,"body_characters":5817}