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Interpretation Response #15-0001 ([FIBA Technologies, Inc] [Mr. Christopher Adams])

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

Interpretation Response Details

Response Publish Date:

Company Name: FIBA Technologies, Inc

Individual Name: Mr. Christopher Adams

Location State: MA Country: US

View the Interpretation Document

Response text:

April 24, 2015

Mr. Christopher Adams
Manager, Regulatory Affairs
FIBA Technologies, Inc.
P.O. Box 360
1535 Grafton Road
Millbury, MA 01527

Reference No. 15-0001

Dear Mr. Adams:

This is in response to your January 6, 2015 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to cylinder inspections during the manufacturing process. You ask if tests specified in 49 CFR and the applicable UN pressure receptacle standards may be witnessed by the independent inspection agency (IIA) via use of a real-time video feed, instead of a physical presence at the test site, and satisfy the requirements in §§ 178.35(c)(3)(v) and 178.70(e)(1).

In addition, you note the definition of "witness" in CGA pamphlet C-11, incorporated by reference in § 171.7, states "To see or know by personal presence or personal observation." You indicate your belief that the video method accomplishes the intent of this definition by allowing "personal observation."

Video monitoring by IIAs of applicable tests is not authorized under the HMR and would not satisfy the requirements in §§ 178.35(c)(3)(v) and 178.70(e)(1). The intent of these requirements is that the IIA witness or personally observe all applicable tests on-site.

You may apply to PHMSA for permission to use video monitoring under the terms of a special permit. To apply, you must submit an application to the Associate Administrator for Hazardous Materials Safety that conforms with the requirements prescribed in 49 CFR Part 107, Subpart B. In your application, you must provide justification that the observation method you are considering achieves a level of safety that is equal to or greater than that required under the HMR. You may obtain information on the special permit and approvals applications process from our website at http://www.phmsa.dot.gov/hazmat/regs/sp-a, or by calling PHMSA's Approvals and Permits Division at (202) 366-4511.

I trust this information is helpful. If you have further questions, please do not hesitate to contact this office.

Sincerely,

Duane Pfund
International Standards Coordinator
Standards and Rulemaking Division

178.35(c)(3)(v) ,178.70(e)(1), 171.7

Regulation Sections

Section Subject
171.7 Reference material
178.35 General requirements for specification cylinders
178.70 Approval of UN pressure receptacles