Peldev — Hazardous Materials Safety Interpretation

Page 1of Transportation J.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 NOV 2 3 2005 Mr. D.E. Williams Ref No.: 04-0007 Chief Technologist: Specialist & Consultants Pelder P.O. Box 582 Pretoria, 0001 Dear Mr. Williams: This is in response to your letter requesting clarification of the Hazardous Materials testing of specification DOT 51 portable tanks under § 180.605. We apologize for the Regulations (HMR; 49 CFR Parts 171-180) applicable to the periodic inspection and delay and hope it has not caused you any inconvenience. Specifically, you asked if a DOT 51 specification portable tank may be periodically inspected and tested by a third party or accredited testing station since there are no DOT approved testing stations in South Afr ca other than the South African Airways. The answer to your question is yes. Either of the test agencies described in your letter may perform the periodic retest requirements for DOT Specification 51 portable tanks. there is no requirement for such test to be performed by an approved third party testing The requalification requirement in § 180.605 (c)(2) specifies a five year test interval, but agency. The tank owner or user may have the tank inspected and tested by any qualified tester of his or her choosing. I hope this information is helpful. Please contact us if you require additional assistance. Chief, Standards Development Office of Hazardous Materials Standards 178.245 180.605 040007#

Page 2Tel: +27 12 3054132 PO Box 582, Pretoria, 0001 peldev Fax: +27 123054461 E-Mail: deswill@peldev.necsa.co.za REC 29 November 2003 31"23'2 Office of the Chief Council Webb U.S. Department of Transportation 400 Seventh Street SW Washington § 178.245- DC 20590-0001 § 180.605 Portable Tank Dear Sir 04-0007 REQUEST FOR GUIDANCE AND INTERPRETIVE ASSISTANCE The scenario At present APCI - Hometown Facility is supplying Anhydrous Hydrogen Fluoride to its customers in Singapore. At the end of March 2004 it will be shutting down its production plant and disassembling it. APCI have approach the Fluorochemical Division of the South African Nuclear Energy Corporation to take over the contract with Singapore. Pelchem exports AHF all around the world at present and has all the approved infrastructures and approvals in place. The questions The containers to be used are APCI owned DOT 51 specification portable tanks - CFR 178.245. These will now only be moving between Singapore and Pretoria in South Africa. Thus, will it be acceptable to have the periodic inspection and test once every five years (CFR 180.603 and 180.604) done ky a SANS (formerly SABS) accredited testing station, as there are no DOT approved testing stations in South Africa other than the South African Airways - ID number D010 which is a class "B" tester.#

Page 3Would any of the DOT accredited companies based in Singapore who are all rated as "Tester Class B" fulfil the requirements to keep the tanks DOT legal. Final note The tanks will not be returning to the USA in the future. Yours faithfully DWAL D E WILLIAMS CHIEF TECHNOLOGIST: SPECIALISTS & CONSULTANTS - E&T#