Interpretation Response #08-0273 ([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: 12/05/2008

Company Name:

Individual Name: Mr. Andrew Abrams

Location State: PA Country: US

View the Interpretation Document

Response text:

December 5, 2008

Mr. Andrew Abrams

761 West Sproul Road Unit 208

Springfield, PA 19064

Ref. No.: 08-0273

Dear Mr. Abrams:

This is in response to your October 28, 2008 letter requesting clarification of the requirements for Design Certifying Engineers (DCEs) and Registered Inspectors (RIs) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). We provided you with a letter (Ref. No.: 08-0205; copy enclosed) on October 21, 2008 addressing the roles performed by the DCE and RI during the assembly and installation of Smart-Hose Passive Devices. This letter provides additional clarification, as requested by your October 28, 2008 letter. Your questions are restated and answered as follows:

Q1: Is the DCE"s certification intended to be a "one-time" certification? What if the DCE dies or does not provide consent for the company to use the certification?

A1: The DCE"s certification indicates that the design and construction meets the applicable DOT specification. This is a "one-time" process; once the DCE approves the design and provides the necessary documentation there is no need for the manufacturer to have the design recertified. The DCE certification remains effective with or without the consent of the DCE and even in the event that the DCE dies. A new DCE certification is only required if the previously approved design is modified. 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, including changes to equipment certified as part of an emergency discharge control system required under § 173.315(n)(2). Excluded are the replacement of components of similar design and of the same size.

Q2: Is the RI"s supervision required for the installation of a hose-based system that provides the required passive shut-down capability?

A2: No. As explained in our October 21, 2008 letter and provided in § 173.315(n)(2)(iii), RI supervision is not required for the installation of emergency discharge control equipment that is installed and removed as part of regular operation of the cargo tank motor vehicle (e.g., a hose). It is the responsibility of the DCE to certify that the emergency discharge control system is designed to automatically shut off product flow without the need for human intervention within 20 seconds of an unintentional release caused by a complete separation of a liquid delivery hose (§ 173.315(n)(2)(ii)). Given that the DCE approves the design of the emergency discharge control equipment and it is attached to a cargo tank motor vehicle in the same way as an ordinary hose, RI supervision is not necessary.

In addition, if you are aware of an operator that is using a new or modified hose design that has not been approved by a DCE you may file a complaint at http://www.phmsa.dot.gov/hazmat/enforcement or contact our enforcement office directly at (202) 366-4700.

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

Sincerely,

Susan Gorsky

Regulations Officer

Office of Hazardous Materials Standards

173.315(n)(2)(iii)

Regulation Sections