Interpretation Response #14-0082 ([Renaldo Sales & Service, Inc.] [Mr. Kerry M. Fitzgeral])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Renaldo Sales & Service, Inc.
Individual Name: Mr. Kerry M. Fitzgeral
Location State: IL Country: US
View the Interpretation Document
Response text:
July 23, 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,
Robert Benedict
Chief, Standards Development Branch
Standards and Rulemaking Division
180.409, 180.409(d), 180.407(g)(1)(viii), 180.407(g)(1)(ix), 180.417(b)