Interpretation ID: nht95-3.15

TYPE: INTERPRETATION-NHTSA

DATE: June 15, 1995

FROM: M. Judson Brown, PE -- Central New York Regional Transportation Authority, CNG Bus Project Manager

TO: Mr. John Womack -- Acting Chief Counsel, U.S. Department of Transport, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO 7/18/95 LETTER FROM JOHN WOMACK TO JOHN RENOCK (REDBOOK 2; PART 304)

TEXT: Dear Mr. Womack,

The Central New York Regional Transport Authority (CNYRTA) of Syracuse, New York has eight natural gas buses which have Compressed Natural Gas (CNG) cylinders which are used for fueling the buses. It was our original understanding that the tanks, which are certified by the United States Department of Transportation (USDOT) with an exemption (Exemption Number 8814) are required to be re-inspected and hydrostatically retested every three years. I am enclosing a copy of the USDOT Exemption which the tank manufacturer, Stuctural Composite Industries, received from USDOT Hazardous Materials Branch. Please note page 5, item g of the Exemption. I am also enclosing a copy of the regulations, DOT FRP-1, governing manufacturing and test requirements for the tanks.

I recently received a copy of a letter which was sent to Spencer Testing Services by yourself as Acting Chief Counsel for the U.S. Department of Transportation (copy of letter enclosed). The letter states that the Research and Special Programs Administr ation, (RSPA) is authorized by Congress to issue standards for containers including the CNG containers used to transport hazardous materials. However, RSPA does not have statutory authority to regulate CNG containers that are used to fuel a motor vehicl e. In other words, as I read the letter, RSPA is not authorized to require reinspection and hydraulic retesting of CNG containers which are used to fuel a motor bus.

Would you please confirm by letter to Central New York Regional Transport Authority that fueling containers on their 8 buses are not required to be re-inspected and hydraulically re-tested every three years under USDOT requirements. Please address the l etter to:

Mr. John Renock Director of Operations Central New York Regional Transport Authority 200 Cortland Avenue Syracuse, NY 13205-0820

Thank you for your assistance.