{"operation":"document","citation":"11-0104","title":"Transport Canada, Ontario Region — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-08-04","effective_on":null,"summary":"11-0104 response to Transport Canada, Ontario Region concerning 180.605.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0104.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0104.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0104","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2011/110104.pdf","body":"<<<PAGE 1>>>\n\nRTG. SYMBOL\nCONCURRENCES\n\"INITIÄLSISIG.****\"\nPHH-12\nMr. Jasbir Grover\n5/31/il\nTransportation of Dangerous Goods Inspector\nRYG. SYMBOI\nTransport Canada, Ontario Region\n\"INITIALSISIC\nPHH-12\n4900 Yonge Street-3rd Floor,\nNorth York, Ontario M2N 6A5\nGovernment of Canada\n5/зі/1i\nRIC. SYMBOL\nReference No. 11-0104\nPHH-10\nDear Mr. Grover:\nBATE\nThis is in response to your e-mail requesting clarification of the Hazardous Materials\n5/31/11\nRegulations (HMR; 49 CFR Parts 171-180) applicable to the requalification of IM 102\nportable tanks. Specifically, you state that a company in Canada is using portable tanks that\nITALS/SIC\nHit 22\nare fitted within a large outer steel frame that has the top cover bolted down. You further\nstate that the tanks were made in 1999 and have never been inspected. You ask whether\n\"DATE\nthese tanks may be requalified by a Transport Canada registered facility that is authorized to\n7/28/11\ntest other types of cargo tank and portable tanks and apply the re-test marks, or must the\n5. SYMBOL\nfacility be registered with the U.S. Department of Transportation (DOT).\nDH-- 35\nINITIALS/SIG.\nIM 102 portable tanks may be tested by a Transport Canada registered facility that is\n\"DATE\nauthorized to test tank types other than IM 102 without that facility being registered with the\nU.S. DOT. The HMR does not require a party to be registered with DOT to conduct\n8-4-2011\nRTG. SYMBOL\ninspections, tests and apply re-test marks on IM 102 portable tanks. However, the HMR\nrequires that the hydrostatic or pneumatic testing of IM portable tanks be witnessed by a\n\"INITIALSISIG\"*\ndesignated approval agency (See § 180.605(h)). A listing to designated approval agencies\ncan be found at http://phmsa.dot.gov/portal/site/PHMSA/menuitem. In addition, all\n\"DATE\"\napplicable requirements in Subpart B of Part 172 (Table of Hazardous Materials and Special\nProvisions), Subpart B of Part 173 (Preparation of Hazardous Materials for Transportation),\nRIG. SYMBOL\nPart 178 (Specifications for Packagings) and Part 180 (Continuing Qualification and\n\"iNiTiALSiSiG.**\nMaintenance of Packagings) must be met, including record retention in\n§ 180.605(I).\n\"DATE\nI hope this information is helpful. Please contact this office should you have additional\nRTG. SYMBOL\nquestions.\nINITIALS/SiG\nSincerely,\nDATE\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\nOFFICIAL FILE COPY\n\n<<<PAGE 2>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue SE.\nWashington, DC 20590\nMaterials Safety\nPipeline and Hazardous\nAdministration\nAUG 0 4. 2011\nMr. Jasbir Grover\nTransportation of Dangerous Goods Inspector\nTransport Canada, Ontario Region\n4900 Yonge Street-3rd Floor,\nNorth York, Ontario M2N 6A5\nGovernment of Canada\nReference No. 11-0104\nDear Mr. Grover:\nThis is in response to your e-mail requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to the requalification of IM 102\nportable tanks. Specifically, you state that a company in Canada is using portable tanks\nthat are fitted within a large outer steel frame that has the top cover bolted down. You\nfurther state that the tanks were made in 1999 and have never been inspected. You ask\nwhether these tanks may be requalified by a Transport Canada registered facility that is\nauthorized to test other types of cargo tank and portable tanks and apply the re-test marks,\nor must the facility be registered with the U.S. Department of Transportation (DOT).\nIM 102 portable tanks may be tested by a Transport Canada registered facility that is\nauthorized to test tank types other than IM 102 without that facility being registered with\nthe U.S. DOT. The HMR does not require a party to be registered with DOT to conduct\ninspections, tests and apply re-test marks on IM 102 portable tanks. However, the HMR\nrequires that the hydrostatic or pneumatic testing of IM portable tanks be witnessed by a\ndesignated approval agency (See § 180.605(h)). A listing of designated approval agencies\ncan be found at http://phmsa.dot.gov/portal/site/PHMSA/menuitem. In addition, all\napplicable requirements in Subpart B of Part 172 (Table of Hazardous Materials and\nSpecial Provisions), Subpart B of Part 173 (Preparation of Hazardous Materials for\nTransportation), Part 178 (Specifications for Packagings) and Part 180 (Continuing\nQualification and Maintenance of Packagings) must be met, including record retention in\n§ 180.605(1).\nI hope this information is helpful. Please contact this office should you have additional\nquestions.\nSincerely,\nlenn Foste\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n₴ 173.32\nDrakeford, Carolyn (PHMSA)\n3|72.101\nSent:\nFrom:\nINFOGNTR (PHMSA)\nPortable Tanks\nTo:\nFriday, April 29, 2011 12:19 PM\nSubiect:\nFW: Request for formal letter of interpretation.\nDrakeford, Carolyn (PHMSA)\n11-0104\nImportance:\nHigh\nHi Carolyn,\nWe received the following request for a formal letter of interpretation at the HMIC. The caller previously spoke with\nNeal Suchak.\nThanks,\nVictoria\nVictoria Lehman\nHazmat Information Center (HMIC)\nhttp://phmsa.dot.gov/hazmat/info-center\n(202) 366-1035\nFrom: Grover, Jasbir [mailto:Jasbir.Grover@tc.gc.ca]\nTo: INFOCNTR (PHMSA)\nSent: Thursday, April 28, 2011 6:35 PM\nImportance: High\nSubject: Request for formal letter of interpretation.\nGood afternoon:\nI am a Dangerous Goods Inspector with Transport Canada. There is a company here in Brampton, Ontario Canada, which uses large\nhave never been inspected.\nIM102 tanks that are fitted within a large outer steel frame that has top cover bolted down. These tanks were made in 1999 and\nTDG Regulations allow the use of these portable tanks as long as these are IM 101 or IM102 portable tank, in accordance with the\nrequirements of Subpart B of Part 172 and section 173.32 of 49 CFR; Since these tanks are recognized under 49 CFR under DOT, we\n(Transport Canada) do not grant authorization for their re-qualifications to our registered facilities. Very soon Transport Canada is\nabout to release a Standard for Portable Tanks that would capture the re-qualifications of these tanks in Canada as well\nThe requirements for marking are in 49 CFR 180.605 (k)\n(k) Inspection and rest markings. (1) Each IM or UN portable tank must be durably and legibly marked, in\nEnglish, with the date (month and year) of the last pressure test. the identification markings of the approval\nagency witnessing the test, when required, and the date of the last visual inspection. The marking must be\nplaced on or near the metal identification plate. in letters and numerals of not less than 3 mm (0.118 inches)\nhigh when on the metal identification plate, and 12 mm (0.47 inches) high when on the portable tank.\nCan these tanks be re-qualified by a Transport Canada registered facility that is authorized to test other types of cargo and portable\ntanks 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\nreference that the re-qualifiers of IM 102 tanks must be registered with US DOT. Also spoke with one individual at US DOT Hazmat\nHelpline who told me that there is no requirement for the formal registration of companies aspiring to conduct inspection and tests\non these IM 102 portable tanks, but I am looking for a formal interpretation for this question.\n\n<<<PAGE 4>>>\n\nPlease clarify and oblige at your earliest convenience.\nRegards!\nTransportation of Dangerous Goods Inspector\nTel: (416) 973-9820 / Fax: (416) 973-9907\njabir.grover@tc.gc.ca/ www.tc.gc.ca/tdg\nTransport Canada / Transports Canada\nOntario Region/Region de 'Ontario\n4900 rue Yonge 3ieme etage, North York, ON M2N 6A5\n4900 Yonge Street-3rd Floor, North York, Ontario M2N 6A5\nGovernment of Canada / Gouvernement du Canada","truncated":false,"body_characters":7837}