Interpretation Response #05-0219 ([Moulden Supply Company] [Mr. Robert R. Titcomb])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Moulden Supply Company
Individual Name: Mr. Robert R. Titcomb
Location State: MI Country: US
View the Interpretation Document
Response text:
Oct 28, 2005
Mr. Robert R. Titcomb Reference No. 05-0219
Moulden Supply Company
3600 Hwy 80 West
Jackson, MI 39209
Dear Mr. Titcomb:
This is in response to your July 11, 2005 letter requesting clarification of the rear-end protection requirements for cargo tanks under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Below we provide a discussion of the phrase “Registered Inspector,” paraphrase you specific questions, and provided answers to those questions.
Any person performing or witnessing the inspections or tests specified in 180.407(c) must meet the minimum qualifications for inspectors and testers in § 180.409. The person must be: (1) registered with the Federal Motor Carrier Safety Administration in accordance with 49 CFR Part 107; (2) familiar with DOT specification cargo tanks; (3) trained and experienced in the use of the necessary inspection and testing equipment; and (4) have the training and experience required to meet the definition of a “Registered Inspector” provided in § 171.8. The phrase “Registered Inspector” is defined as a person registered with the DOT in accordance with Subpart F of 49 CFR Part 107 who has the knowledge and ability to determine whether a cargo tank conforms to the applicable DOT specification. A Registered Inspector may meet the knowledge and ability requirements of this section through any one of the following requirements:
- An engineering degree and one year of work experience relating to the testing and inspection of cargo tanks;
- An associate degree in engineering and two years of work experience relating to the testing and inspection of cargo tanks;
- A high school diploma (or General Equivalency Diploma) and three years of work experience relating to the testing and inspection of cargo tanks; or
- At least three years’ experience performing the duties of a Registered Inspector prior to September 1, 1991.
Requirements for accident damage protection devices installed on specification cargo
tanks are established in Part 178 of the HMR. In accordance with the definition of a
Registered Inspector, the person inspecting the cargo tank for compliance with the HMR
must determine if the cargo tank motor vehicle, including accident damage protection,
conforms to the applicable DOT specification. In addition, § 178.320(b) clearly states
that accident damage protection devices must be certified to conform to the specification
requirements by a Design Certifying Engineering (DCE).
Q1. Must the rear-end protection be examined and given a certificate of compliance under the external visual inspection requirements in § 180.407(d) or in accordance with the pressure test requirements in § 180.407(g)?
Al. The Registered Inspector must perform the external visual inspection in accordance with the requirements found in § 180.407(d). Accident damage protection devices are part of the tank specification and must be inspected for corroded or abraded areas dents, distortions, defects in welds and any other conditions that might render the tank unsafe for transportation service. In addition, all major appurtenances arid structural attachments must be inspected for any corrosion and damage that might prevent safe operation. Any missing nuts and bolts must be replaced, and all nuts and bolts must be tightened. In addition, § 1 80.407(d)(7) requires the inspector to record the results of the external visual inspection in accordance with § 180.4 17(b). No certificate is required to be issued by the Registered Inspector for rear-end protection devices.
The pressure test requirements in § 180.407(g) apply to the cargo tank wall, riot to structural attachments or appurtenances. Therefore, the HMR do not require rear-end protection analysis to be conducted as part of the pressure test.
Rear-end protection devices are part of the specification and must be examined and evaluated in accordance with the specification in effect at the time of construction to determine compliance. This would include the methods and means of attachment of the rear-end protection device to the chassis to transmit the required loads directly to the chassis of the cargo tank motor vehicle. Simply observing the rear-end protection device and saying that it does not comply with the specification is not sufficient to support an assertion that the rear-end protection device does not meet the specification requirements. If a determination is made that the rear-end protection does not comply, then a Design Certifying Engineer (DCE) should perform structural analysis on the rear- end protection device and its attachment to the frame to determine compliance with the specification in effect at the time of construction.
Q2. Who is responsible for ensuring that the rear-end protection meets the requirements in Parts 178 and 180?
A2. It is the tank owner’s responsibility to ensure that the rear end protection device and corresponding certification documents conform with Part 178. The certification documents may be reviewed by a Registered Inspector to determine if the rear-end protection device installed on the tank conforms to the original design. If the rear-end protection device installed on the tank does not conform to. the original design, the owner must provide documentation certified by a Design Certifying Engineering that the rear- end protection device installed on the cargo tank motor vehicle complies with the specification requirements in effect at the time the rear-end protection device was modified.
I hope this information is helpful. Please contact us if you require additional assistance.
Sincerely,
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
180.407, 170.413