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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 #10-0027 ([Federal Motor Carrier Safety Administration] [Mr. Joseph J. Evans])

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

Interpretation Response Details

Response Publish Date:

Company Name: Federal Motor Carrier Safety Administration

Individual Name: Mr. Joseph J. Evans

Location State: MD Country: US

View the Interpretation Document

Response text:

December 17, 2010

 

 

Mr. Joseph J. Evans

Hazardous Materials Program Manager

Eastern Service Center

Federal Motor Carrier Safety Administration

802 Cromwell Park Drive, Suite N, FMCSA-ESC

Glen Burnie, MD 21061

Reference No. 10-0027

Dear Mr. Evans,

This is in response to your e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the registration requirements for offerers and transporters of hazardous materials. Specifically, you ask whether a cargo tank Authorized Inspector and Authorized Inspection Agency are required to register under 49 CFR Part 107, Subpart F, of the HMR. We apologize for the delay in responding and any inconvenience this may have caused.

You attached a copy of American Society for Testing and Materials (ASME) Form U-1A, Manufacturer"s Data Report for Pressure Vessels (7/01). You also attached a December 17, 2009 response from this office to Mr. Donald Lampshire, Reference No. 09-0203, stating that the holder of a Department of Transportation (DOT) cargo tank registration number must also meet the knowledge and ability requirements prescribed in the HMR to perform an authorized inspector"s designated functions.

The answer is yes. An authorized inspector and an authorized inspection agency, as these terms are defined in § 171.8, are each required to register with the DOT as prescribed in § 107.502. As stated in the December 2009 response, this section prohibits any person from engaging 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 DOT in accordance with the provisions of 49 CFR Part 107, Subpart F.

I hope this satisfies your request.

Sincerely,

T. Glenn Foster

Chief, Regulatory Review and Reinvention Branch

Standards and Rulemaking Division

107.502, 171.8

Regulation Sections

Section Subject
107.502 General registration requirements
171.8 Definitions and abbreviations