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Interpretation Response #12-0194 ([DuPont Company] [Mr. Randolph Martin])

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

Interpretation Response Details

Response Publish Date:

Company Name: DuPont Company

Individual Name: Mr. Randolph Martin

Location State: DE Country: US

View the Interpretation Document

Response text:

January 16, 2013

Mr. Randolph Martin
DuPont Company
4417 Lancaster Pike
Wilmington, DE 19805

Ref. No. 12-0194

Dear Mr. Martin:

This responds to your August 31, 2012 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to cargo tanks.  Your questions are paraphrased and answered as follows:

Q1.      What are the certification, education, or experience requirements, if any, for an individual who merely replaces a relief valve on a Department of Transportation (DOT) specification cargo tank that was rebuilt, tested, and calibrated by someone else?

A1.      None are prescribed.  Section 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.  Additionally, a hazmat employee who repairs, modifies, reconditions, or tests packagings, as qualified for use in the transportation of hazardous materials, and who does not perform any other function subject to the requirements of the HMR, is subject to the General Awareness/Familiarization, Function-Specific, and Security Awareness training requirements prescribed in § 172.704.

Q2.      Once a relief valve is replaced, § 180.413(c)(1) requires that the valve be tested for leaks in accordance with § 180.407(h)(1).  Is the leakage test prescribed in § 180.407(h)(1) the only method authorized to satisfy this requirement?

A2.      The answer is yes.  The leakage test prescribed in § 180.407(h)(1) is the only leakage test method that may be used to satisfy § 180.413(c)(1).

Q3.      If alternate leakage test methods are authorized to satisfy § 180.413(c)(1), where are they defined, and are they prescribed at the discretion of the cargo tank owner?

A3.      See A2 above.

I trust this satisfies your inquiry.  Please contact us if we can be of further assistance.


T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

180.407, 180.409, 180.413

Regulation Sections

Section Subject
180.407 Requirements for test and inspection of specification cargo tanks
180.409 Minimum qualifications for inspectors and testers
180.413 Repair, modification, stretching, rebarrelling, or mounting of specification cargo tanks