Trimac Transportation & National Tank Truck Carriers, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue. SE washington, DC 20590 t~OV 1 6 2009 Mr. Rattan Bahia Trimac Transportation 1700 800 5th Avenue S.W. P.O. Box 3500 Calgary) Alberta T2P 2P9 CANADA Mr. John Conley President National Tank Truck Carriers, Inc. 950 North Glebe Road, Suite #520 Arlington, VA 22203 -4183 Reference No. 09-0053 Dear Messrs. Bahia and Conley: This is in response to Mr. Bahia's two January 28,2009 e-mails to Mr. John Conley) President, National Tank Truck Carriers, Inc., and Mr. Conley's February 26,2009 e-mail forwarding Mr. Bahia's e-mails to the U. S. Department ofTransportation's (DOT's) Federal Motor Carrier Safety Administration (FMC SA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA). You ask if a DOT specification cargo tank that is used wholly within Canada or in cross-border service may be repaired in Canada in accordance with the Canadian Standards Association B620 by a Transport Canada registered facility that does not have a National Board Certificate of Authorization for the use ofthe "R" stamp or a DOT "CT" number. The answer is no. In accordance with 49 CFR 107 .502(b), no person may engage in the manufacture, assembly, certification, inspection, or repair of a cargo tank or cargo tank motor vehicle manufactured under the terms of a DOT specification or a DOT special permit unless the person is registered with FMCSA's Hazardous Materials Division in the manner prescribed in 49 CFR Part 107, Subpart F. FMCSA assigns each registered person a "CT" registration number. In addition, § 107.503(c) requires each person who repairs a DOT specification or special permit cargo tank or cargo tank motor vehicle to submit a copy ofthe repair facility's current National Board Certificate of Authorization for the use of the "R" stamp (or an ASME Certificate ofAuthorization for the use ofthe ASME "U" stamp). Also, the definitions for a cargo tank "registered inspector," prescribed in § 171.8, and cargo tank "manufacturer," prescribed in § 178.320, require that both must register with the DOT in#

Page 2conformance with 49 CFR Part 107, Subpart F. Also, note that in accordance with § 171.12, cargo tank periodic retests and inspections required by § 173.33 may be performed in accordance with 49 CFR Part 180 or Transport Canada's Transportation of Dangerous Goods (TOG) regulations provided the intervals prescribed in Part 180 are met. I hope this satisfies your request. Sin~_ Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 2#

Page 3Drakeford. Carolyn <PHMSA> From: Supko, Ben <PHMSA> Sent: Thursday, February 26,20092:10 PM To: Drakeford, Carolyn <PHMSA> Cc: Gorsky, Susan <PHMSA> Subject: RE: Fwd: RE: Trimac - CT facilities in Canada From: John Conley [mailto:jconley@Tanktruck.orgJ Sent: Thursday, February 26, 2009 12:13 PM To: Rattan Bahia; Simmons, James <FMCSA>; Richard, Bob <PHIVlSA>; Willke, Ted <PHMSA> Cc: greenk@tc.gc.ca Subject: RE: Fwd: RE: Trimac - CT facilities in Canada Bob and James We still need to an answer to this question which we were asked about at COHMED. I have highlighted the key question. Would it be better if I submitted a formal request for int ion? I fear that would take longer. Can a TC facility perform repairs on DOT/MC specification tank if it does not hold an R stamp or a CT number? John »> Rattan Bahia 1/28/2009 9:57 AM »> I looked through the regs again this morning after I emailed you. It is seems to me, though I would like it confirmed by US DOT, that if a US DOT spec tank that is involved in transborder operations, then a TC regsitered facility can perform the inspections and tests, without being registered with a CT number. What is not absolutely clear to mel is whether repairs to a transborder US DOT spec tank can be performedl In Canada l by a TC registered facility that does not have the R Stamp nor has CT number. this needs to be clarified. Kevin Bleeks is correct and all the Trimac facilities that have CT numbers also have TC registrations. We want to eliminate CT registrations for Canadian operations if we are permitted to repair US DOT transborder spec tanks in accordance with TC requirements. John we are having some high level meetings in the next or so and this item is a hot topic, so any help in this is appreciated. Rattan Bahia (403) 298-5114 »> "John Conley" <jconley@Tanktruck.org> 1/28/2009 9:30 AM »> 3/412009#

Page 4Page 2 of3 I will check In 1 I don't know how US rules should apply if tank never enters US In 2 does facility also have CT number or just TC I talked to kenin Bleeks here and he said that a Canadian Facility with CT number also MUST have a Canadian registration john ---Original Message----From: "Rattan Bahia" <rbahia@trimac.com> To: "jconley@Tanktruck.org" <jconley@Tanktruck.org> Sent: 1/28/09 9:03 AM Subject: Trimac CT facilities in Canada John, this may be an opportune time to ask this question, as I understand you're in meetings today with Joe Evans, US DOT. As you know we have many CT registered facilities in both US and Canada. Concerning the Canadian CT registered operations; 1. DOT and MC spec tanks that are not used for dangerous goods in the US and only and always operate in Canada can these tanks be inspected, tested and repaired in accordance with the Transport Canada CSA B620 requirements ie. by a facility registered with Transport Canada. Bearing in mind that such facilities will not have the NBIC R stamp, nor be registered with a CT number. 2. DOT and MC spec tanks that may be used in transborder operations - can these tanks be inspected, tested and repaired in accordance with the Transport Canada CSA B620 requirements ie. by a facility registered with Transport Canada. Bearing in mind that such facilities will not have the NBIC R stamp, nor be registered with a CT number. Thanks John Rattan Bahia (403) 298 5114 This e-mail contains confidential information and may also be If you are not the intended recipient or have received this e-mail in error, please notify the sender immediately and destroy this e-mail. Any unauthorized copying, disclosure or distribution of the e-mail or the information it contains, is strictly forbidden. This e-mail contains confidential information and may also be privileged. If you are not the intended recipient or have received this e-mail in error, please noti the sender immediately and destroy this e-mail. Any unauthorized copying, disclosure or distribution of the e-mail or the information it contains, is strictly forbidden. This e-mail contains confidential information and may also be privileged. If you are not the intended recipient or have received this e-mail in error, please 3/4/2009#

Page 5Page 3 of3 the sender immediately and destroy this e-mail. Any unauthorized copying, disclosure or distribution of the e-mail or the information it contains, is strictly forbidden. 3/4/2009#