Interpretation Response #09-0245 ([Mr. Andrew Abrams])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 05/12/2010

Company Name:

Individual Name: Mr. Andrew Abrams

Location State: PA Country: US

View the Interpretation Document

Response text:

May 12, 2010

Mr. Andrew Abrams

761 West Sproul Road #208

Springfield, PA 19064

Ref. No.: 09-0245

Dear Mr. Abrams:

This responds to your October 21, 2009 letter requesting clarification of the requirements for Design Certifying Engineers (DCE's) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171"180). Specifically, you ask about DCE certification of a design for an emergency discharge control system for a cargo tank motor vehicle in liquefied compressed gas service in accordance § 173.315(n). Your questions are paraphrased and answered as follows:

Q1: A hose system designed to automatically shut off the flow of product without human intervention in accordance with § 173.315(n)(2) may be intended for a specific application and, thus, may include components, such as pressure-specific rubber, metal, or PTFE hose material, or metallurgic fittings, that are unique for the intended application. For such unique designs, may the DCE elect to issue a certification utilizing specific serial numbers with contemporaneous hose test dates rather than a more general design certification?

A1: Yes. The DCE may issue a unique certification that would apply to a single hose system rather than a more general certification for a hose system design. In that circumstance, the certification could identify, by serial number and test date, the specific hose system to which the certification applies.



Q2: If the above design certification process is appropriate, may a facility continue to issue date and hose specific certifications bearing the DCE"s signature when the DCE is no longer employed at the facility? Or would PHMSA expect the facility to retain a new DCE?

A2: The DCE certification remains effective for the service and parameters cited in the certification with or without the consent of the DCE and even in the event that the DCE dies. The DCE certification, however, applies only to the specific design described in the certification. A new DCE certification is required if the previously-approved design is modified. In the event a DCE issues a unique certification for a single hose system, the certification may not be used for a different hose system.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.

Sincerely,

Edward T. Mazzullo

Director, Office of Hazardous Materials Standards

173.315(n)

Regulation Sections