Interpretation Response #09-0203
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
December 17, 2009
Mr. Don Lampshire
President, Gas Service and Supply
3396 Swan Lake Road
Bossier City, LA 71111
Reference No. 09-0203
Dear Mr. Lampshire:
This is in response to your August 31, 2009 e-mail concerning cargo tank (CT) registration numbers issued by the Department of Transportation (DOT). Specifically, you ask if the number is intended to indicate an approval or endorsement from DOT that the recipient of the number can perform the tasks required for cargo tanks that are prescribed in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).
As specified in 49 CFR 107.504(f), issuance of a DOT CT registration number is not an approval or endorsement by the Department of the qualifications of any person to perform cargo tank manufacture, assembly, certification, inspection, or repair specified functions. A person registered in compliance with § 107.503 who meets the knowledge and ability requirements for an Authorized Inspector, Design Certifying Engineer, or Registered Inspector as these terms are defined in § 171.8 of the HMR is authorized to perform the designated functions. Persons who are properly trained and holds a CT registration number but not an ASME U or National Board R stamp may perform inspections, tests, and other work involving changes to motor vehicle equipment such as lights, power train components, steering and brake systems, etc. They are not authorized to perform work affecting the cargo tank wall or its structural integrity or lading retention capability.
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 DOT in accordance with the provisions of 49 CFR Part 107, Subpart F. A person employed as a registered inspector or design certifying engineer is considered to be registered if his or her employer is registered. The CT program is managed and enforced by the Federal Motor Carrier Safety Administration (FMCSA).
Section 180.403 defines "repair" to mean welding on a cargo tank wall - the primary lading retention structure - done to return the cargo tank or cargo tank motor vehicle to its original design and construction standard. Any person undertaking repairs on DOT specification cargo tanks must: (1) hold a valid ASME Certification of Authorization for use of the "U" stamp, or a valid National Board Certification for the use of the "R" stamp, and (2) be registered in accordance with 49 CFR Part 107, Subpart F.
You state you have knowledge that some companies in receipt of a CT registration number and no other form of certification are representing themselves as being qualified to perform tests and repairs on DOT specification MC 330 and MC 331 cargo tanks. As stated above, FMCSA is responsible for ensuring the compliance of "cargo tank facilities," which includes cargo tank manufacturers, owners, and inspectors, as well as enforcement matters concerning cargo tanks and individuals under FMCSA regulations and the HMR. We are forwarding your letter for handling to Mr. James O. Simmons, Chief, Hazardous Materials Division, Office of Enforcement and Compliance, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE, Routing Symbol MC-ECH, Washington, DC, 20590, (202) 493-0496.
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
|§ 107.504||Period of registration, updates, and record retention|