Interpretation Response #08-0205 ([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: 10/21/2008

Company Name:

Individual Name: Mr. Andrew Abrams

Location State: PA Country: US

View the Interpretation Document

Response text:

October 21, 2008

Mr. Andrew Abrams

761 West Sproul Road Unit 208

Springfield, PA 19064

Ref. No.: 08-0205

Dear Mr. Abrams:

This is in response to your August 7, 2008 letter requesting clarification of the emergency discharge control equipment requirements provided in § 173.315(n) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request clarification of the roles performed by the Design Certification Engineer and Registered Inspector during the assembly and installation of Smart-Hose Passive Devices. Your questions are restated and answered as follows:

Q1: Section 173.315(n)(2)(ii) requires the design of the equipment to be certified by a Design Certifying Engineer. Does the Design Certifying Engineer need to be present to review each component of the Smart-Hose System?

A1: No. The Design Certifying Engineer is only required to certify that the design of the emergency discharge control equipment conforms to the performance standard in § 173.315(n)(2). There is no requirement to review each component throughout the manufacturing process.

Q2: Paragraph (n)(2)(iii) requires the installation of emergency discharge control equipment to be performed under the supervision of a Registered Inspector. Does this mean that a registered inspector must be present during the installation and testing of the emergency discharge control equipment (e.g. Smart-Hose)?

A2: Generally, emergency discharge control equipment must be installed under the supervision of a Registered Inspector. "Under the supervision of" means the Registered Inspector must be present during installation and testing. Note, however, that § 173.315(n)(2)(iii) includes an exception for "equipment that is installed and removed as

part of regular operation (e.g., a hose)." A Smart-Hose is attached to a cargo tank motor vehicle in the same way as an ordinary hose; thus, supervision of such installation by a Registered Inspector is not necessary.

I hope this information is helpful. Please contact us if you require additional assistance.

Sincerely,

Susan Gorsky

Acting Chief, Standards Development

Office of Hazardous Materials Standards

173.315(n)(2)

Regulation Sections