Interpretation Response #00-0189 ([Specialized Transport Repair] [Mr. John P. McGavis])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Specialized Transport Repair
Individual Name: Mr. John P. McGavis
Location State: NY Country: US
View the Interpretation Document
Response text:
January 9, 2001
Mr. John P. McGavis Ref. No. 00-0189
Specialized Transport Repair
100 Commerce Drive
Buffalo, NY 14218
Dear Mr. McGavis:
This responds to your letter requesting clarification of the modification, repair, and certification requirements of MC 307 and DOT 407 cargo tank motor vehicles under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you inquire whether the installation of larger nozzles into manway covers would be considered a repair, rather than a modification and, therefore, would not require certification by a Design Certifying Engineer. You state that the 1998 National Board Inspection Code, in Appendix 6(b)(9), describes one example of a repair as "the installation of new nozzles or openings of such a size that reinforcement is not a consideration."
The installation of new nozzles in a manhole cover that differ in size or design from the originally installed nozzles would be considered a design change and categorized as a modification, not a repair under the HMR. A design type change requires approval and certification by a Design Certifying Engineer as specified in §180.413 of the HMR. As defined in §180.403, a "modification" means any change to the original design and construction of a cargo tank or cargo tank motor vehicle that affects its structural integrity or lading retention capability. Excluded are the replacement of components of similar design and of the same size.
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
180.403
Regulation Sections
| Section | Subject |
|---|---|
| 180.403 | Definitions |