Interpretation Response #09-0098 ([HazMat Resources, Inc.] [Mr. Danny 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. Danny Shelton
Location State: NC Country: US
View the Interpretation Document
Response text:
September 20, 2010
Mr. Danny Shelton
HazMat Resources, Inc.
10104 Creedmoor Road
Raleigh, N.C. 27615
Ref. No. 09"0098
Dear Mr. Shelton:
This responds to your letter requesting clarification of the inspection and registration requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171"180). Specifically, you ask whether a person must register with the Department in order to perform a wet fluorescent magnetic particle inspection.
The answer is yes. Sections 180.407(a)(3) indicates that any person who witnesses or performs a test or inspection specified in § 180.407 must meet the minimum qualifications prescribed in
§ 180.409, which include registration with the Federal Motor Carrier Safety Administration (FMCSA) in accordance with Part 107, Subpart F of the HMR. In addition, § 180.409 indicates that, except as otherwise provided in § 180.409, any person who performs or witnesses a test required by § 180.407(c) must be registered with the FMCSA. Section 180.407(c) requires performance of the pressure test. Under the pressure test requirements in § 180.407(g)(3), certain MC 330 and MC 331 cargo tanks used for the transportation of liquefied petroleum gas or anhydrous ammonia are required to be inspected by wet fluorescent magnetic particle examination. Furthermore, the wet fluorescent magnetic particle examination must be performed in accordance with Section V of the ASME Code and CGA Technical Bulletin TB"2 immediately prior to and in conjunction with the performance of the required pressure test.
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
180.407, 180.409