Interpretation Response #07-0166R
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
April 25, 2022
Darrel K. Garton
CTC Certified Training Co.
62537 North Star Drive
Montrose, CO 81401
Reference No. 07-0166R
Dear Mr. Garton:
This letter is a revised response to your August 27, 2007, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the eddy current examination for DOT specification 3AL cylinders manufactured of aluminum alloy 6351-T6. Recently, the Pipeline and Hazardous Material Safety Administration (PHMSA) received a renewal application for a visual requalification identification number (VRIN) to add performing of the eddy current examination for these cylinder types. PHMSA is revising this letter to clarify that visual-only requalification approvals are not issued for a requalifier to perform the eddy current examination.
We have paraphrased and answered your questions as follows:
Q1. You ask whether it is permissible for a cylinder retester—i.e., a requalifier—to subcontract with an outside company who does not hold a current requalification identification number (RIN) approval to provide the eddy current examination service, as prescribed in § 180.209(m).
A1. The answer is yes. The HMR do not prohibit a person who does not hold a current RIN or VRIN approval from performing the eddy current examination and visual inspection on a DOT 3AL cylinder manufactured of aluminum alloy 6351-T6 on behalf of a RIN holder that is performing the required pressure test. A person—e.g., a subcontractor—who is proficient in eddy current examination may perform the eddy current examination under the oversight of the approved RIN holder, subject to the terms of the RIN holder’s approval. The approved RIN holder—i.e., the requalifier marking the cylinder—assumes responsibility for outsourced functions performed by the eddy current tester when marking the requalified cylinder with their RIN number. Please note, as a hazmat employee performing a covered function, an eddy current tester is subject to HMR requirements, including compliance with the test requirements in Appendix C to Part 180.
Q2. You ask whether it is permissible for a cylinder retester—i.e., a requalifier—to subcontract with an outside company who does hold a current RIN approval to provide the eddy current examination service, as prescribed in § 180.209(m).
A2. The answer is yes. An outsourced RIN approval holder may perform the eddy current examination and visual inspection on behalf of the requalifier that is performing the required pressure test and marking of the cylinder, see answer A1.
Q3. You ask whether it is possible for a company who is not a retester—i.e., a requalifier—to obtain a VRIN for the purposes of eddy current examination and visual inspection only, and then be authorized as a subcontractor in accordance with question Q2.
A3. The answer is no. PHMSA only issues VRINs in association with § 180.209(g) for required visual inspections and does not issue a VRIN to perform the eddy current examination in combination with a visual inspection on 3AL cylinders manufactured of aluminum alloy 6351-T6. Specifically, only requalifications for exclusive use services listed under Table 2 to paragraph (g) of § 180.209 are authorized for VRIN approval, see § 107.805(f)(1) and answer A1.
I hope this information is helpful. Please contact us if we can be of further assistance.
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
107.805(f)(1), 180.209, 180.209(g), 180.209(m)
|Requirements for requalification of specification cylinders