Interpretation Response #10-0027
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
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.
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
|§ 171.8||Definitions and abbreviations|