Transport Canada, Ontario Region — Hazardous Materials Safety Interpretation

Page 1RTG. SYMBOL CONCURRENCES "INITIÄLSISIG.****" PHH-12 Mr. Jasbir Grover 5/31/il Transportation of Dangerous Goods Inspector RYG. SYMBOI Transport Canada, Ontario Region "INITIALSISIC PHH-12 4900 Yonge Street-3rd Floor, North York, Ontario M2N 6A5 Government of Canada 5/зі/1i RIC. SYMBOL Reference No. 11-0104 PHH-10 Dear Mr. Grover: BATE This is in response to your e-mail requesting clarification of the Hazardous Materials 5/31/11 Regulations (HMR; 49 CFR Parts 171-180) applicable to the requalification of IM 102 portable tanks. Specifically, you state that a company in Canada is using portable tanks that ITALS/SIC Hit 22 are fitted within a large outer steel frame that has the top cover bolted down. You further state that the tanks were made in 1999 and have never been inspected. You ask whether "DATE these tanks may be requalified by a Transport Canada registered facility that is authorized to 7/28/11 test other types of cargo tank and portable tanks and apply the re-test marks, or must the 5. SYMBOL facility be registered with the U.S. Department of Transportation (DOT). DH-- 35 INITIALS/SIG. IM 102 portable tanks may be tested by a Transport Canada registered facility that is "DATE authorized to test tank types other than IM 102 without that facility being registered with the U.S. DOT. The HMR does not require a party to be registered with DOT to conduct 8-4-2011 RTG. SYMBOL inspections, tests and apply re-test marks on IM 102 portable tanks. However, the HMR requires that the hydrostatic or pneumatic testing of IM portable tanks be witnessed by a "INITIALSISIG"* designated approval agency (See § 180.605(h)). A listing to designated approval agencies can be found at http://phmsa.dot.gov/portal/site/PHMSA/menuitem. In addition, all "DATE" applicable requirements in Subpart B of Part 172 (Table of Hazardous Materials and Special Provisions), Subpart B of Part 173 (Preparation of Hazardous Materials for Transportation), RIG. SYMBOL Part 178 (Specifications for Packagings) and Part 180 (Continuing Qualification and "iNiTiALSiSiG.** Maintenance of Packagings) must be met, including record retention in § 180.605(I). "DATE I hope this information is helpful. Please contact this office should you have additional RTG. SYMBOL questions. INITIALS/SiG Sincerely, DATE T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division OFFICIAL FILE COPY#

Page 2U.S. Department of Transportation 1200 New Jersey Avenue SE. Washington, DC 20590 Materials Safety Pipeline and Hazardous Administration AUG 0 4. 2011 Mr. Jasbir Grover Transportation of Dangerous Goods Inspector Transport Canada, Ontario Region 4900 Yonge Street-3rd Floor, North York, Ontario M2N 6A5 Government of Canada Reference No. 11-0104 Dear Mr. Grover: This is in response to your e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requalification of IM 102 portable tanks. Specifically, you state that a company in Canada is using portable tanks that are fitted within a large outer steel frame that has the top cover bolted down. You further state that the tanks were made in 1999 and have never been inspected. You ask whether these tanks may be requalified by a Transport Canada registered facility that is authorized to test other types of cargo tank and portable tanks and apply the re-test marks, or must the facility be registered with the U.S. Department of Transportation (DOT). IM 102 portable tanks may be tested by a Transport Canada registered facility that is authorized to test tank types other than IM 102 without that facility being registered with the U.S. DOT. The HMR does not require a party to be registered with DOT to conduct inspections, tests and apply re-test marks on IM 102 portable tanks. However, the HMR requires that the hydrostatic or pneumatic testing of IM portable tanks be witnessed by a designated approval agency (See § 180.605(h)). A listing of designated approval agencies can be found at http://phmsa.dot.gov/portal/site/PHMSA/menuitem. In addition, all applicable requirements in Subpart B of Part 172 (Table of Hazardous Materials and Special Provisions), Subpart B of Part 173 (Preparation of Hazardous Materials for Transportation), Part 178 (Specifications for Packagings) and Part 180 (Continuing Qualification and Maintenance of Packagings) must be met, including record retention in § 180.605(1). I hope this information is helpful. Please contact this office should you have additional questions. Sincerely, lenn Foste T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 3₴ 173.32 Drakeford, Carolyn (PHMSA) 3|72.101 Sent: From: INFOGNTR (PHMSA) Portable Tanks To: Friday, April 29, 2011 12:19 PM Subiect: FW: Request for formal letter of interpretation. Drakeford, Carolyn (PHMSA) 11-0104 Importance: High Hi Carolyn, We received the following request for a formal letter of interpretation at the HMIC. The caller previously spoke with Neal Suchak. Thanks, Victoria Victoria Lehman Hazmat Information Center (HMIC) http://phmsa.dot.gov/hazmat/info-center (202) 366-1035 From: Grover, Jasbir [mailto:Jasbir.Grover@tc.gc.ca] To: INFOCNTR (PHMSA) Sent: Thursday, April 28, 2011 6:35 PM Importance: High Subject: Request for formal letter of interpretation. Good afternoon: I am a Dangerous Goods Inspector with Transport Canada. There is a company here in Brampton, Ontario Canada, which uses large have never been inspected. IM102 tanks that are fitted within a large outer steel frame that has top cover bolted down. These tanks were made in 1999 and TDG Regulations allow the use of these portable tanks as long as these are IM 101 or IM102 portable tank, in accordance with the requirements of Subpart B of Part 172 and section 173.32 of 49 CFR; Since these tanks are recognized under 49 CFR under DOT, we (Transport Canada) do not grant authorization for their re-qualifications to our registered facilities. Very soon Transport Canada is about to release a Standard for Portable Tanks that would capture the re-qualifications of these tanks in Canada as well The requirements for marking are in 49 CFR 180.605 (k) (k) Inspection and rest markings. (1) Each IM or UN portable tank must be durably and legibly marked, in English, with the date (month and year) of the last pressure test. the identification markings of the approval agency witnessing the test, when required, and the date of the last visual inspection. The marking must be placed on or near the metal identification plate. in letters and numerals of not less than 3 mm (0.118 inches) high when on the metal identification plate, and 12 mm (0.47 inches) high when on the portable tank. Can these tanks be re-qualified by a Transport Canada registered facility that is authorized to test other types of cargo and portable tanks and apply the re-test marks on these IM102 tanks. I looked into Section 107 and 180 of 49 CFR and could not find any direct reference that the re-qualifiers of IM 102 tanks must be registered with US DOT. Also spoke with one individual at US DOT Hazmat Helpline who told me that there is no requirement for the formal registration of companies aspiring to conduct inspection and tests on these IM 102 portable tanks, but I am looking for a formal interpretation for this question.#

Page 4Please clarify and oblige at your earliest convenience. Regards! Transportation of Dangerous Goods Inspector Tel: (416) 973-9820 / Fax: (416) 973-9907 jabir.grover@tc.gc.ca/ www.tc.gc.ca/tdg Transport Canada / Transports Canada Ontario Region/Region de 'Ontario 4900 rue Yonge 3ieme etage, North York, ON M2N 6A5 4900 Yonge Street-3rd Floor, North York, Ontario M2N 6A5 Government of Canada / Gouvernement du Canada#