Interpretation Response #11-0104 ([Transport Canada, Ontario Region] [Mr. Jasbir Grover])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Transport Canada, Ontario Region
Individual Name: Mr. Jasbir Grover
Country: CA
View the Interpretation Document
Response text:
August 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(l).
I hope this information is helpful. Please contact this office should you have additional questions.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
172, Subpart B, 173, Subpart B, 180.605(1)