[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR180.409]



[Page 1116-1117]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY 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 1117]]



    (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: (PHH-

32), Pipeline and Hazardous Materials Safety 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; 70 FR 56100, Sept. 23, 2005]