ETCetera International, Inc — Hazardous Materials Safety Interpretation

Page 1f Transportatio .s. Depanmer Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Hazardous Materials Safety Administration OCT 13 2006 Mr. Jim Anderson ETCetera International, Inc. Ref. No.: 06-0208 Export Trading & Consulting P.O. Box 1700 McKinney, TX 75070 Dear Mr. Anderson: IM portable tanks under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). This is in response to your September 12, 2006 letter regarding the continued use of DOT 51 and to the continued use of DOT 51, IM 101, and IM 102 portable tanks. Specifically, you ask if the sunset provision specified in §§ 171.14(4)(4) and 173.32(c)(2) applies the "T" codes listed in Column 7 of the § 172.101 Table, not to the use of DOT 51, IM 101, and The answer is no. The sunset provision specified in §§ 171.14(d)(4) and 173.32(c)(2) applies to IM 102 portable tanks. DOT 51, IM 101, and IM 102 portable tanks may continue to be used in transportation provided they are properly requalified and maintained in accordance with Part 180 of the HMR. Beginning January 1, 2010, DOT 51, IM 101, and IM 102 portable tanks must conform to the applicable "TP" special provision in Column 7 of the § 172.101 Table. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Halle = MIch Hattie L. Mitchell Office of Hazardous Materials Standards Chief, Regulatory Review and Reinvention 171. 1(AX+) 060208 173.32 (c)(2)#

Page 2Page 1 of 3 3171. $173.32 (e) (2) Drakeford, Carolyn <PHMSA> Portable Tanks From: Mitchell, Hattie <PHMSA> 06-8208 Sent: Tuesday, September 12, 2006 1:29 PM To: Drakeford, Carolyn <PHMSA> Subject: FW: DOT 51's, IM & IMO Portable Tanks Please log in as interp request. Sent: Tuesday, September 12, 2006 1:26 PM From: Jim Anderson [mailto:jimanderson@salesfile.com] To: Mitchell, Hattie <PHMSA> Subject: Fw: DOT 51's, IM & IMO Portable Tanks Cc: Staniszewski, Stanley <PHMSA> client of mine for several years. Thanks to you and Stan for clarifying the issue. I would like to request a letter of Hattie - my name is Jim Anderson ... I brought this issue to the attention of National Refrigerants, who has been a clarification in the name of my company which is noted below. The text can be precisely as your e-mail dated the 7th of September to Stan. I have been in the industry for more than twenty years (you and I have spoken on a couple of My activities primarily are on the gas tank side (DOT 51 / T50), and I can tell you that there has been much confusion occasions) as a manufacturer and (in later years) as a reseller of products produced by others (Van Hool & WEW) within the industry regarding this topic. I request the clarification to be sent to me in that I can simply forward and use as reference for my various clients ... putting their minds at ease regarding this topic. Thanks in advance for your assistance. Advise questions / comments and your letter to the undersigned. Best regards, Jim Anderson Export Trading & Consulting ETCetera International, Inc. P.O. Box 1700 75070 U.S.A. McKinney, Texas t: 972 548 9021 f: 972 542 8638 e: jimanderson@salesfile.com w: www.salesfile.com From: sloose @refrigerants.com ----- Original Message -..-. Sent: Thursday, September 07, 2006 11:13 AM To: jimanderson@salesfile.com Subject: Fw: DOT 51's, IM & IMO Portable Tanks ISO's can be used as long as they are maintained to 180 standards, and comply with the new T Cods. Jimmy, the DOT 51 ISO and the others may continue to be used. The sunset ruling was for the T Codes. The 9/13/2006#