Federal Motor Carrier Safety Administration — Hazardous Materials Safety Interpretation

Page 1U.S. Department ofTransportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue. SE Washington. DC 20590 DEC 1 7 2010 Mr. Joseph J. Evans Hazardous Materials Program Manager Eastern Service Center Federal Motor Carrier Safety Administration 802 Cromwell Park Drive, Suite N, FMCSA-ESC Glen Burnie, MD 21061 Reference No.1 0-0027 Dear Mr. Evans, This is in response to your e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the registration requirements for offerers and transporters of hazardous materials. Specifically, you ask whether a cargo tank Authorized Inspector and Authorized Inspection Agency are required to register under 49 CFR Part 107, Subpart F, of the HMR. We apologize for the delay in responding and any inconvenience this may have caused. You attached a copy of American Society for Testing and Materials (ASME) Form U-IA, Manufacturer's Data Report for Pressure Vessels (7/01). You also attached a December 17, 2009 response from this office to Mr. Donald Lampshire, Reference No. 09-0203, stating that the holder of a Department of Transportation (DOT) cargo tank registration number must also meet the knowledge and ability requirements prescribed in the HMR to perform an authorized inspector's designated functions. The answer is yes. An authorized inspector and an authorized inspection agency, as these terms are defined in § 171.8, are each required to register with the DOT as prescribed in § 107.502. As stated in the December 2009 response, this section prohibits any person from engaging in the manufacture, assembly, certification, inspection, or repair of a cargo tank or cargo tank motor vehicle manufactured under the terms of a DOT specification or a special permit unless the person is registered with the DOT in accordance with the provisions of 49 CFR Part 107, Subpart F. I hope this satisfies your request. Sincerely, ~/d/ ~- ,...~ (,?----ve7V~n/n;~~~ "'''' T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Edmonson Eastern Service Center 5171.8 Suite N 802 Cromwell Park Drive, US Department $107.501 Glen Bumie: MD 21061 Of Transportation Federal Molor Carrier Registration In Reply Refer To: Safety Administration 10 - 0027 FMCSA-ESC- February 4, 2010 U.S. Department of Transportation Pipeline and Hazardous Materials Safely Administration Office of HM Standards Wr. Ed Mazzullo, Director East Building, 20° Floor Mail Stop: E27-303 1200 New Jersey Ave., SE 20590 Dear Mr, Mazzullo: With this letter I am requesting an interprelation of the applicability of the Hazardous Materials Regulations as indicated in the below listed question. Background: 49 CFR §107.501 states that: (a) This subpart establishes a registration procedure for persons who are engaged in he manufacture, assembly, Inspection and testing, certification, or repair of a cargo lank or a cargo tank motor vehicle manufactured in accordance with a DOT specification under subchapter C of this chapter or under terms of a special permit issued under this part (b) Persons engaged to continuing qualification and maintenance of cargo tanks and cargo tank motor vehicles must be familiar with the requirements set forth in part 180, subpart E of this chapter: 49 CFR §107.502 General registration requirements also states that: (b) No person may engage in the manufacture, assembly, certification, inspection or repair of a cargo tank or cargo tank motor vehicle manufactured under the terms of a DOT specification under subchapter C of this chapter or a special permit issued under this part unless the person is registered with the Department in accordance with the encineer is considered to be registered if the person's emplover is registered provisions of this subpart. A person employed as an inspector or design certifying#

Page 32 49 CFR §171.8 Definitions and abbreviations. Authorized Inspection Agency means: (1) A jurisdiction which has adopted and administers one or more sections of the ASME Boiler and Pressure Vessel Code as a legal requirement and has a representative serving as a member of the ASME Conference Committee; or (2) an insurance company which has been licensed or registered by the appropriate authority of a State of the United States or a Province of Canada to underwrite boiler and pressure vessel insurance in such State or Province. Authorized Inspector means an Inspector who is currently commissioned by the National Board of Boiler and Pressure Vessel Inspectors and employed as an Inspector by an Authorized Inspection Agency. Authorized Inspectors (Al's) certify that a specific cargo tank has been manufactured in accordance with the ASME Code Section VIll. Division 1. They are engaged in the quality control and inspection of the cargo tank as it moves through the manufactunng process. Once the construction of an ASME tank is completed the Al is required to sign the U-1A, Report. Al's are also required to approve certain types of repairs on ASME, DOT specification cargo tanks as required by the ASME. Question: Is an Authorized Inspector (Al) and Authorized Inspection Agency as defined in 171.B subject to the registration procedure In Subpart F - Registration for Cargo Tank and Cargo Tank Motor Vehicle Manufacturers, Assemblers, Repairers, Inspectors, Testers and Design Certifying Engineers, 107.5017 I can be reached at joseph. evans @dot.gov or 443 865 9929. | appreciate your quick response in this matter. Sincerely yours Joseph J. Evaris Hazardous Materials Program Manager Attachments: Form U-1A Manufacture's Data Report for Pressure Vessels US DOT PHMSA interpretation No. 09-0203. Copy lo: US DOT EMOSA HMPM Midwest Service Center lowa State Programs Manager#