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Interpretation Response #16-0139 ([Bureau Veritas] [Mr. Edgar Whittle])

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

Interpretation Response Details

Response Publish Date:

Company Name: Bureau Veritas

Individual Name: Mr. Edgar Whittle

Location State: MA Country: US

View the Interpretation Document

Response text:

March 15, 2017

Mr. Edgar Whittle
Director, Codes & Standards
Bureau Veritas
330 Lynnway, Suite 403
Lynn, MA  01901

Reference No. 16-0139

Dear Mr. Whittle:

This letter is in response to your August 23, 2016, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to training.  Specifically, you ask two questions related to whether certain entities involved in the certification of non-specification cargo tanks, commonly known as nurse tanks and considered an instrument of husbandry, require training as a hazmat employee as prescribed in § 172.704.  

Q1. You ask if a nurse tank manufacturer must receive hazmat training as required by the HMR if the nurse tank is manufactured to a condition not yet certified or represented as suitable for the transportation of hazardous materials.

A1. If the intent of the manufacturer is to produce nurse tanks to be represented as packagings authorized for the transportation of hazardous materials, the manufacturer is required to be trained as a hazmat employee.  However, if the manufacturer has no intent for the tanks to be represented as packagings authorized for the transportation of hazardous materials, the manufacturer is not required to be trained.   

Q2. You ask if authorized inspectors as defined in § 171.8, who are not employees of the nurse tank manufacturer, must receive hazmat training as required by the HMR if they are only inspecting the nurse tank for compliance with the American Society of Mechanical Engineering (ASME) Code.

A2. See Answer A1.  If the nurse tank is to be manufactured in compliance with the ASME Code and the manufacturer intends the tank to be represented as a package authorized for the transportation of hazardous materials, then the authorized inspector must be trained as a hazmat employee.

I hope this information is helpful.  Please contact us if we can be of further assistance.

Sincerely,

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

172.704, 171.8

Regulation Sections

Section Subject
171.8 Definitions and abbreviations
172.704 Training requirements