Guidanceguidance
14-0082
Renaldo Sales & Service, Inc. — Hazardous Materials Safety Interpretation
Current as of source date Government source
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Page 1of Transportation U.S. Department Washington, D.C. 20590 1200 New Jersey Avenue, SE Pipeline and Hazardous Administration Materials Safety JUL 2 3 2014 Mr. Kerry M. Fitzgerald Compliance Manager Renaldo Sales & Service, Inc. 1770 Mile Strip Road North Collins, NY 14111 Ref. No. 14-0082 Dear Mr. Fitzgerald: This responds to your letter dated April 10, 2014 requesting clarification of the minimum qualification requirements for cargo tank inspectors under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if an employee, who is trained to perform all aspects of an internal visual inspection, but is not a Registered Inspector, may perform the internal visual inspection of an MC331 cargo tank under the supervision of a Registered Inspector. The answer is no. Section 180.409 sets forth the minimum qualifications for cargo tank inspectors and testers. In accordance with § 180.409(d), external and internal visual inspections must be accomplished by a Registered Inspector. Section 180.409(d) does authorize an employee of a motor carrier or a cargo tank owner who is not a Registered Inspector to perform the hydrostatic or pneumatic pressure test required by §§ 180.407(g)(1)(viii) and 180.407(g)(1)(ix), provided that: (1) The employee is familiar with the cargo tank and is trained and experienced in the use of the inspection and testing equipment used; (2) The employer submits certification that such employee meets the qualification requirements to the Associate Administrator, Attn: (PHH-32), Pipeline and Hazardous Materials Safety Administration, Department of Transportation, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590; and (3) The employer retains a copy of the tester's qualifications with the documents required by §180.417(b). I hope this information is helpful. If you have further questions, please contact this office. Sincerely, This Babut Robert Benedict Chief, Standards Development Branch Standards and Rulemaking Division#
Page 2RENALDO Manufacturing & Custom Fabrication O'Donnell Since 1964 3180.409 (d) Cargo Tanks April 10, 2014 14-0082 Mr. Charles E. Betts Director, Standards and Rulemaking Division U.S. DOT/PHMSA (PHH-10) 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 Re: 49 CFR 180.409 (d) Minimum qualification for inspectors and testers Dear Mr. Betts, Is it permissible to have an employee who is trained in wet fluorescent magnetic particle testing, ultrasonic thickness testing and all other components of an internal visual inspection, who is not a Registered Inspector, perform the internal visual inspection of a MC331 cargo tank while under direct supervision, observation, and communication of a Registered Inspector? Sincerely, Kerry M. Fitzgerald Compliance Manager 1770 Mile Strip Road • North Collins, NY 14111 • U.S.A. • 1-800-424-5564 • FAX: 337-2756 • Toll: 716-337-3760 Renaldo Sales & Service, Inc.#
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