Interpretation Response #22-0132

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

Interpretation Response Details

Response Publish Date: 04/25/2023

Company Name: The Hartford Steam Boiler Inspection and Insurance Company

Individual Name: Bruce K. Redfield

Location State: CT Country: US

View the Interpretation Document

Response text:

April 25, 2023

Bruce K. Redfield
Field Service Manager
The Hartford Steam Boiler Inspection and Insurance Company
One State Street
P.O. Box 299
Hartford, CT  06141-0299

Reference No. 22-0132

Dear Mr. Redfield:

This letter is in response to your December 8, 2022, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to multiple element gas containers (MEGCs). You provide a scenario where an originally-contracted approval agency (AA), one that is approved by the Office of Hazardous Materials Safety Associate Administrator, completed the review process for a new MEGC design type approval, prototype testing, and witnessed testing—as required by § 178.74—but then the MEGC manufacturer decided to change to a new AA. Specifically, you inquire whether the HMR allows for such a change in the MEGC design type approval process.

We have paraphrased and answered your questions as follows:

Q1. With respect to the § 178.74(b) requirement for an AA to review all drawings and calculations, you ask whether the HMR allows for a new AA to review a previous AA's MEGC design review work and adopt or reapprove the original MEGC design review and taking full responsibility (emphasis added) for the previous AA's work.

A1. The answer is yes. Section 178.74(c) states that the AA is responsible for ensuring that the MEGC conforms to the design type approval and provides additional MEGC design type approval requirements. This section does not restrict an AA from reviewing and reapproving a previous MEGC design type, provided that the AA takes full responsibility.

Q2. You ask whether the HMR allows for the new AA to review the MEGC prototype testing prescribed in §§ 178.74 and 178.75 and taking full responsibility (emphasis added) for the previous AA's work.

A2. See answer A1.

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

Sincerely,

Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

178.74, 178.74(b), 178.74(c), 178.75

Regulation Sections