Interpretation Response #19-0095
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Hazmat Resources, Inc
Individual Name: Daniel Shelton
Location State: TN Country: US
View the Interpretation Document
Response text:
October 17, 2019
Daniel Shelton
President
HazMat Resources, Inc.
141 Wendover Drive
Kingsport, TN 37660
Reference No. 19-0095
Dear Mr. Shelton:
This letter is in response to your July 23, 2019, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to cargo tank motor vehicles (CTMVs) and work that is performed under the supervision of a Registered Inspector (RI). You describe a scenario in which an existing MC 331 cargo tank is remounted to a new motor vehicle chassis to complete the CTMV. Further, the assembly work includes installation of new piping, rear-end protection, and an emergency discharge system. You state that the assembly work is not performed in the presence of an RI, but that inspection and testing is carried out by an RI once the assembly work is complete.
Specifically, you ask with regard to §§ 180.413(e)(2) and 173.315(n)(3)(i), whether work that is inspected and tested after all assembly work is completed qualifies as "performed under the supervision" and "installed under the supervision" of an RI, respectively, even if the RI was not present for the assembly work performed.
The answer is no. "Under the supervision of" in the context of §§ 180.413(e)(2) and 173.315(n)(3)(i) means the RI must be present during both performance of assembly work (i.e., mounting of the chassis and installation of the emergency discharge control system) and inspection and testing.
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
180.413(e)(2), 173.315(n)(3)(i)