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Interpretation Response #12-0228 ([TGO Technologies, Inc.] [Mr. Rudolph S. Caparros])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: TGO Technologies, Inc.

Individual Name: Mr. Rudolph S. Caparros

Location State: CA Country: US

View the Interpretation Document

Response text:

MAY 17 2013
 

 

Mr. Rudolph S. Caparros
President
TGO Technologies, Inc.
3471-B Regional Parkway
•Santa Rosa, CA 95403-8247

Ref. No.: 12-0228

Dear Mr. Caparros:

This letter is in regards to the ChlorTanker Total Containment System product and in response to your letter dated October 8, 2012, to Dr. Magdy EI-Sibaie, Associate Administrator for Hazardous Materials Safety.

The Pipeline and Hazardous Materials Safety Administration (PHMSA) works to protect the American public and the environment by ensuring the safe and secure movement of hazardous materials to industry and consumers by all transportation modes.

Contrary to what you state in your letter, the ChlorTanker Total Containment System (a secondary containment device) installed  and used on DOT specification tank cars is in fact subject to the Hazardous Materials Regulations {HMR: 49 
C.F.R. Parts 171-180). Your product must be first approved
as required in the regulations before  it can be used as intended for transport of hazardous materials in railroad tank cars.

As we have stated previously, PHMSA and The Federal Railroad Administration have reviewed the ChlorTanker device and concluded that your product design is not approved for use under the HMR. As we informed you in our letter dated September 27, 2012, as specified in 49 C.F.R. § 179.3, application
for approval of designs, materials and construction, conversion or alteration of tank car tanks under these specifications, complete with  detailed prints, must be submitted in prescribed form  to the Executive Director-Tank Car Safety, AAR, for consideration by its Tank Car Committee or as authorized under the terms and conditions of a special permit granted under 49 C.F.R. § 107.105.

To be clear, PHMSA never approve the ChlorTankerTotal Containment System product. The representations on your website that The ChlorTanker design is "fully compliant with the federally mandated hazardous materials regulations established by the U.S. DOT" are misleading.

We request that TGO Industries immediately remove all references to this product being U.S. DOT
compliant to prevent the incorrect perception that the device is approved by PHMSA or DOT.

Please take appropriate action within 14 days of receiving this letter and notify PHMSA of your compliance in writing.

We appreciate your timely attention to this matter.

Respectfully,

Vanessa Allen Sutherland
Chief Counsel

179.3, 107.105

Regulation Sections

Section Subject
107.105 Application for special permit
179.3 Procedure for securing approval