[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR180.409]

[Page 1102-1103]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 180_CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS--Table of 
Contents
 
         Subpart E_Qualification and Maintenance of Cargo Tanks
 
Sec. 180.409  Minimum qualifications for inspectors and testers.

    (a) Except as otherwise provided in this section, any person 
performing or witnessing the inspections and tests specified in Sec. 
180.407(c) must--
    (1) Be registered with the Federal Motor Carrier Safety 
Administration in accordance with part 107, subpart F of this chapter,

[[Page 1103]]

    (2) Be familiar with DOT-specification cargo tanks and trained and 
experienced in use of the inspection and testing equipment needed, and
    (3) Have the training and experience required to meet the definition 
of ``Registered Inspector'' in Sec. 171.8 of this chapter.
    (b) A person who only performs annual external visual inspections 
and leakage tests on a cargo tank motor vehicle, owned or operated by 
that person, with a capacity of less than 13,250 L (3,500 gallons) used 
exclusively for flammable liquid petroleum fuels, is not required to 
meet the educational and years of experience requirements set forth in 
the definition of ``Registered Inspector'' in Sec. 171.8 of this 
subchapter. Although not required to meet the educational and years of 
experience requirements, a person who performs visual inspections or 
leakage tests or signs the inspection reports must have the knowledge 
and ability to perform such inspections and tests and must perform them 
as required by this subchapter, and must register with the Department as 
required by subpart F of part 107 of this chapter.
    (c) A person who performs only annual external visual inspections 
and leakage tests on a permanently mounted non-bulk tank, owned or 
operated by that person, for petroleum products as authorized by Sec. 
173.8(c) of this subchapter, is not required to be registered in 
accordance with subpart F of part 107 of this chapter. In addition the 
person who signs the inspection report required by Sec. 180.417(b) of 
this subpart for such non-bulk tanks is not required to be registered. 
Although not required to register, a person who performs visual 
inspections or leakage tests or signs the inspection reports must have 
the knowledge and ability to perform such inspections and tests and must 
perform them as required by this subchapter.
    (d) A motor carrier or cargo tank owner who meets the requirements 
of paragraph (a) of this section may use an employee who is not a 
Registered Inspector to perform a portion of the pressure retest 
required by Sec. 180.407(g). External and internal visual inspections 
must be accomplished by a Registered Inspector, but the hydrostatic or 
pneumatic pressure test, as set forth in Sec. 180.407(g)(1)(viii) and 
(ix), respectively, may be done by an employee who is not a Registered 
Inspector provided that--
    (1) The employee is familiar with the cargo tank and is trained and 
experienced in the use of the inspection and testing equipment used;
    (2) The employer submits certification that such employee meets the 
qualification requirements to the Associate Administrator, Attn: (DHM-
32), Research and Special Programs Administration, Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590; and
    (3) The employer retains a copy of the tester's qualifications with 
the documents required by Sec. 180.417(b).

[Amdt. 180-2, 55 FR 37069, Sept. 7, 1990, as amended by Amdt. 180-3, 56 
FR 66287, Dec. 20, 1991; 57 FR 45466, Oct. 1, 1992; Amdt. 180-11, 62 FR 
1217, Jan. 8, 1997; 66 FR 45391, Aug. 28, 2001; 68 FR 19288, Apr. 18, 
2003]