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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.


T. Glenn Foster

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

180.407, 180.409

Regulation Sections

Section Subject
180.407 Requirements for test and inspection of specification cargo tanks
180.409 Minimum qualifications for inspectors and testers