WEW Westerwalder Eisenwerk GmbH — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Research and Washington, D.C. 20590 Special Programs Administration APR - 8 2003 Dr. -Ing. Frank Cronacher and Mr. Helge Tenzler WEW Westerwälder Eisenwerk GmbH Ref. No. 02-0161 Ringstraße 65a D-57586 Weitefeld Germany Dear Dr. Cranacher & Mr. Tenzler: This is in response to your letter concerning portable tank regulations under the Hazardous Materials Regulations (HIMR; 49 CFR Parts 171-180). Specifically, you asked about specifications of IM 101, IM 102, DOT 51 and UN portable tank requirements in regards to the ASME code. In your letter you asked three questions which are paraphrased and answered below: Question 1: Does a DOT 51 portable tank have to be built according to the "lethal service" condition in the ASME code, even if the commodity in question allows an IM 101 portable tank? Answer 1: No. It is possible that a material that meets the ASME condition of "lethal service" is allowed to be transported in several different types of specification packagings. Question 2: Will all substances mentioned under 49 CFR § 178.273(b)(6) be considered "lethal" according to ASME and require 100% X-ray examination or is the lethal service condition only applicable for such tanks if advised by the user or designated agent according to ASME UW-2(a)? Answer 2: It is possible that some materials listed in § 178.273(b)(6) would be considered "lethal" according to the ASME. The difficulty in matching definitions in the HMR with the ASME definition of "'ethal" is due to the ASME using a narrative, broad description for their definition while the HMR specifies criteria the material must meet. In addition, the HMR has a range of severity of hazards. DOT cannot define "lethal" for the ASME. It is the responsibility of the user, or their agent to determine what "lethal" is under ASME. However, for purposes of compliance with the HMR, at a minimum, hazardous materials in Divisions 6.1, hazard zone A and B and Division 2.3 would require use of "lethal" service portable tanks. As previously stated, the user, or their agent could also specify additional hazardous materials in other classes or divisions as "lethal." 178,273 020161#

Page 2Question 3: Can the approval agency request a statement concerning "lethal service" or can such an agency classify a commodity as lethal on its own? determine if a "lethal" service packaging is necessary. Answer 3: As stated in the previous answer, it is the responsibility of the user, or their agent, to I hope this satisfies your request. Sincerely, no Haily Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards#

Page 314/03 '03 FR 15:22 FAX +40 2743 3411 WEW - WEITEFELD 4001 =WEW= CODEe 1335r WEW Westerwälder Eisenwork GmbH - Ringstraße 65a - D-$7586 Weitefeld (Bermany) Tank-Container Flüssigkeiten. Gase. Schüttgut Transport- und Lagersysteme für RSPA Office of Hazardous Materials Standards (DHMI-10) Tank Containers Mr. Delmer F. Billings, DHM-11 U.S. Department of Transportation, Transport and storage systems for liquids. gases. dry bulk 400 Seventh Street, SW Fax +49 (27 43) 34 11 Tel. +49 (27 43) 92 22-0 WASHINGTON, DC 20590-0001 Fax: 001 202 366-3012 United States USA Einschreiben/ registe lastere wew.e uPS Fax: +49 27 43 34 11 Tel: +49 27 43 92 22 0 26 February 2003 90H- Interpretation of CFR 49, chapter 1, § 178.273 (b)(6)(iv) and § 178.274 (b)(1), column 2 Interpretation on ASME "lethal service" - inquiry dated on 22 May 2002 lines 11 to 18 Dear Mr. Billings, referring to our inquiry dated on May 22, 2002 we are still waiting an official response. Up to now we received an e-mail message of Mr Michael Johnson dated on 02 December 2002. This message was an "unofficial" review howèver very helpful for us. In January 2003 we have been informed that Mr Johnson is not working for DHM-11 any more and that you are the person in charge. We have tried to contact you by phone several times (14, 16, 21 January 2003; 20 February 2003) unsuccessfully. Last time your assistant announced a calling back which failed to corne. The situation is very disappointing for us. We ask for your fast reply. Best regards, WEW WESTERWÄLDER EISENWERK GmbH Ro GegeTenen Susanne Romanus Helge Tenzler Dear fr. Billings, che ask for auswer Thante you K.R. Aelge Teunh' 1x Mardh 2003 'sra: anken- Bank Brüggel Lambert A angbarkasse Altenkirchen (BLZ 573 510 30) Klo.Nr. 16-000 51 (BL2 370 104 00) Klo.Nr. 3 150 057 266 EBURGE GO*SE RE/ERUit3232 ear bine asdo 280208 dohardt - dan Gerhard-de Vries. HR B 5090 Montabaur LOVETRIE Ladezeilen Delivery hours: Mo.-Fr. 6.30h-11.30h / 12,30h-14,00% - UST-ID-Nr. DE 611 848 SS8#