{"operation":"document","citation":"09-0053","title":"Trimac Transportation & National Tank Truck Carriers, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-11-13","effective_on":null,"summary":"09-0053 response to Trimac Transportation & National Tank Truck Carriers, Inc. concerning 171.12.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0053.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0053.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0053","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090053.pdf","body":"<<>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Avenue. SE\nwashington, DC 20590\nt~OV 1 6 2009\nMr. Rattan Bahia\nTrimac Transportation\n1700 800 5th Avenue S.W.\nP.O. Box 3500\nCalgary) Alberta\nT2P 2P9\nCANADA\nMr. John Conley\nPresident\nNational Tank Truck Carriers, Inc.\n950 North Glebe Road, Suite #520\nArlington, VA 22203 -4183\nReference No. 09-0053\nDear Messrs. Bahia and Conley:\nThis is in response to Mr. Bahia's two January 28,2009 e-mails to Mr. John Conley)\nPresident, National Tank Truck Carriers, Inc., and Mr. Conley's February 26,2009 e-mail\nforwarding Mr. Bahia's e-mails to the U. S. Department ofTransportation's (DOT's) Federal\nMotor Carrier Safety Administration (FMC SA) and the Pipeline and Hazardous Materials\nSafety Administration (PHMSA). You ask if a DOT specification cargo tank that is used\nwholly within Canada or in cross-border service may be repaired in Canada in accordance\nwith the Canadian Standards Association B620 by a Transport Canada registered facility that\ndoes not have a National Board Certificate of Authorization for the use ofthe \"R\" stamp or a\nDOT \"CT\" number.\nThe answer is no. In accordance with 49 CFR 107 .502(b), no person may engage in the\nmanufacture, assembly, certification, inspection, or repair of a cargo tank or cargo tank motor\nvehicle manufactured under the terms of a DOT specification or a DOT special permit unless\nthe person is registered with FMCSA's Hazardous Materials Division in the manner\nprescribed in 49 CFR Part 107, Subpart F. FMCSA assigns each registered person a \"CT\"\nregistration number. In addition, § 107.503(c) requires each person who repairs a DOT\nspecification or special permit cargo tank or cargo tank motor vehicle to submit a copy ofthe\nrepair facility's current National Board Certificate of Authorization for the use of the \"R\"\nstamp (or an ASME Certificate ofAuthorization for the use ofthe ASME \"U\" stamp). Also,\nthe definitions for a cargo tank \"registered inspector,\" prescribed in § 171.8, and cargo tank\n\"manufacturer,\" prescribed in § 178.320, require that both must register with the DOT in\n\n<<>>\n\nconformance with 49 CFR Part 107, Subpart F. Also, note that in accordance with § 171.12,\ncargo tank periodic retests and inspections required by § 173.33 may be performed in\naccordance with 49 CFR Part 180 or Transport Canada's Transportation of Dangerous Goods\n(TOG) regulations provided the intervals prescribed in Part 180 are met.\nI hope this satisfies your request.\nSin~_\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n2\n\n<<>>\n\nDrakeford. Carolyn \nFrom: Supko, Ben \nSent: Thursday, February 26,20092:10 PM\nTo: Drakeford, Carolyn \nCc: Gorsky, Susan \nSubject: RE: Fwd: RE: Trimac - CT facilities in Canada\nFrom: John Conley [mailto:jconley@Tanktruck.orgJ\nSent: Thursday, February 26, 2009 12:13 PM\nTo: Rattan Bahia; Simmons, James ; Richard, Bob ; Willke, Ted \nCc: greenk@tc.gc.ca\nSubject: RE: Fwd: RE: Trimac - CT facilities in Canada\nBob and James\nWe still need to an answer to this question which we were asked about at\nCOHMED.\nI have highlighted the key question. Would it be better if I submitted a formal\nrequest for int ion? I fear that would take longer.\nCan a TC facility perform repairs on DOT/MC specification tank if it does not hold\nan R stamp or a CT number?\nJohn\n»> Rattan Bahia 1/28/2009 9:57 AM »>\nI looked through the regs again this morning after I emailed you.\nIt is seems to me, though I would like it confirmed by US DOT, that if a US DOT\nspec tank that is involved in transborder operations, then a TC regsitered facility\ncan perform the inspections and tests, without being registered with a CT number.\nWhat is not absolutely clear to mel is whether\nrepairs to a transborder US DOT spec tank can be\nperformedl In Canada l by a TC registered facility\nthat does not have the R Stamp nor has CT number.\nthis needs to be clarified.\nKevin Bleeks is correct and all the Trimac facilities that have CT numbers also\nhave TC registrations.\nWe want to eliminate CT registrations for Canadian operations if we are permitted\nto repair US DOT transborder spec tanks in accordance with TC requirements.\nJohn we are having some high level meetings in the next or so and this item is\na hot topic, so any help in this is appreciated.\nRattan Bahia\n(403) 298-5114\n»> \"John Conley\" 1/28/2009 9:30 AM »>\n3/412009\n\n<<>>\n\nPage 2 of3\nI will check\nIn 1 I don't know how US rules should apply if tank never enters US\nIn 2 does facility also have CT number or just TC\nI talked to kenin Bleeks here and he said that a Canadian\nFacility with CT number also MUST have a Canadian registration\njohn\n---Original Message----From:\n\"Rattan Bahia\" \nTo: \"jconley@Tanktruck.org\" \nSent: 1/28/09 9:03 AM\nSubject: Trimac CT facilities in Canada\nJohn, this may be an opportune time to ask this question, as I understand you're in\nmeetings today with Joe Evans, US DOT.\nAs you know we have many CT registered facilities in both US and Canada. Concerning\nthe Canadian CT registered operations;\n1. DOT and MC spec tanks that are not used for dangerous goods in the US and only\nand always operate in Canada can these tanks be inspected, tested and repaired in\naccordance with the Transport Canada CSA B620 requirements ie. by a facility\nregistered with Transport Canada. Bearing in mind that such facilities will not\nhave the NBIC R stamp, nor be registered with a CT number.\n2. DOT and MC spec tanks that may be used in transborder operations - can these\ntanks be inspected, tested and repaired in accordance with the Transport Canada CSA\nB620 requirements ie. by a facility registered with Transport Canada. Bearing in\nmind that such facilities will not have the NBIC R stamp, nor be registered with a\nCT number.\nThanks John\nRattan Bahia\n(403) 298 5114\nThis e-mail contains confidential information and may also be If you\nare not the intended recipient or have received this e-mail in error, please notify\nthe sender immediately and destroy this e-mail. Any unauthorized copying,\ndisclosure or distribution of the e-mail or the information it contains, is\nstrictly forbidden.\nThis e-mail contains confidential information and may also be privileged. If you\nare not the intended recipient or have received this e-mail in error, please noti\nthe sender immediately and destroy this e-mail. Any unauthorized copying,\ndisclosure or distribution of the e-mail or the information it contains, is\nstrictly forbidden.\nThis e-mail contains confidential information and may also be privileged. If you\nare not the intended recipient or have received this e-mail in error, please\n3/4/2009\n\n<<>>\n\nPage 3 of3\nthe sender immediately and destroy this e-mail. Any unauthorized copying,\ndisclosure or distribution of the e-mail or the information it contains, is\nstrictly forbidden.\n3/4/2009","truncated":false,"body_characters":7018}