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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #08-0125 ([HazMat Resources, Inc.] [Mr. Daniel G. Shelton])

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

Interpretation Response Details

Response Publish Date:

Company Name: HazMat Resources, Inc.

Individual Name: Mr. Daniel G. Shelton

Location State: NC Country: US

View the Interpretation Document

Response text:

August 21, 2008


Mr. Daniel G. Shelton

Vice President

HazMat Resources, Inc.

10104 Creedmoor Road

Raleigh, NC 27615

Ref. No. 08-0125

Dear Mr. Shelton:

This is in response to your May 3, 2008 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to registration and recordkeeping requirements pertaining to Department of Transportation (DOT) specification cargo tanks.

Your questions are paraphrased and answered as follows:

Q1. Do the registration requirements specified in Part 107, Subpart F of the HMR apply to a

company that performs a Wet Fluorescent Magnetic Particle Examination (WFMPE) on MC 330 and MC 331 cargo tanks?

A1. Yes. In accordance with § 107.502, no person may engage in the manufacture, assembly,

certification, inspection or repair of a cargo tank or cargo tank motor vehicle manufactured under the terms of a DOT specification or a special permit unless the person is registered with the Department in accordance with the provisions of Subpart F. A person employed as an inspector or design certifying engineer is considered to be registered if the person's employer is registered.

Q2. Section V of the ASME Code requires a written report when a WFMPE is performed. Is

a written report required as part of the pressure test when a WFMPE is performed, or is it allowable to indicate on the pressure test report required by § 180.417 that a WFMPE was completed?

A2. In accordance with Section V of the ASME Code, a written report is required when a WFMPE is performed. In addition, each person performing a test or inspection specified in § 180.407 must prepare a written report in accordance with the reporting and recordkeeping requirements specified in § 180.417.

Q3. Section V of the ASME Code requires specific qualification and training requirements and documentation for persons performing a WFMPE. Are these documents required to be maintained and produced in accordance with the requirements of Section V of the ASME Code?

A3. Yes.

Q4. What DOT regulations require the maintenance of the additional documentation

referenced in Q3?

A4. As required in § 180.407(g)(3), the wet fluorescent magnetic particle inspection must be in accordance with Section V of the ASME Code and CGA Technical Bulletin TB-2.

Q5. CGA Technical Bulletin TB-2, Section 5.6 states: "Determine the proper documentation

has been completed, including marking of the tank. Refer to 49 CFR 180.415 and 180.417." Is this documentation required by the ASME Code or the HMR?

A5. The HMR incorporate Section V of the ASME Code by reference. Thus, when a WFMPE is performed, the HMR require a written report in accordance with Section V. In addition, the requirements of test and marking requirements specified in § 180.415 and the reporting and record retention requirements specified in § 180.417 must also be met.

I hope this information is helpful.


Susan Gorsky,

Acting Chief, Standards Development

Office of Hazardous Materials Standards

107.502, 180.407(g)(3), 180.417

Regulation Sections

Section Subject
180.407 Requirements for test and inspection of specification cargo tanks
180.417 Reporting and record retention requirements