Manager Transportation Regulations and Security — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Hazardous Materials Safety Administration APR 7 2007 Mr. Mark Connolly Ref. No.: 07-0069 Akzo Nobel Chemicals Inc Manager Transportation Regulations and Security 300 South Riverside Plaza Chicago, IL 60606-6697 Dear Mr. Connolly: This is in response to your March 23, 2007 letter regarding the schedule for the periodic inspection and test of IM and UN portable tanks under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your letter you describe a scenario in which the initial inspection and test before the portable tank was put into service was performed in May of 2002 2004; that is, two months early. You ask if an additional intermediate periodic requalification and the intermediate periodic test and inspection (requalification) was performed in September of requalification. must be performed in March of 2007; that is, two months prior to the 5-year periodic The answer is no. In accordance with § 180.605(c)(1), an intermediate periodic requalification must be performed at least 2.5 years following the initial inspection and thereafter every 2.5 requalification schedule contained in the HMR with that contained in the United Nations' years following the 5-year periodic requalification. It was our intention to align the periodic Recommendations on the Transport of Dangerous Goods. Paragraph 6.7.2.19 of the UN Recommendations provides for the 2.5-year intermediate periodic requalification to be performed within 3 months of the specified date. We take a similar position in this matter. Therefore, in the scenario described in your letter, the next required inspection and test, the 5- year periodic requalification, is due May 2007. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely. Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 180.605()() 070069#

Page 2Vollack 3178.605(81) Testing 07-0069 AKZO NOBEL March 23, 2007 Mr. Edward Mazzullo Office of Hazardous Materials Standards (PHH-10) Office of hazardous Materials Safety Pipeline and Hazardous Materials Safety Administration U.S. Department of Transportation 400 Seventh Street S. W. Washington, DC 20590 Subject: Periodic test/Inspection of IM and UN Portable Tanks 49CFR 178. 178.605 (c) (1) Dear Mr. Mazzullo: inspection. export portable tanks from the U.S. globally and must comply with DOT and IMO We request your clarification of compliance with 49CFR 178.605 (c) (1) as we load and (6.7.2.19.2) regulations. Please review the following 3 scenarios... Scenario 1: IMO Type 1 Portable Tank May 2002 November 2004 Initial inspection before being put into service Intermediate periodic test and inspection (30 months) May 2007 5 year periodic test and inspection It is Akzo Nobel Chemicals Inc' interpretation that the intermediate periodic test and inspection and 5 year periodic test and inspection meet DOT and IMO because The November 2004 intermediate periodic test and inspection was conducted at least 2 years following the initial inspection. The May 2007 periodic test and inspection is within 5 years of the initial inspection. Akzo Nobel Chemicals Inc. 525 W Van Buren Street Chicago IL 60607#

Page 3Scenario 2: IMO Type 1 Portable Tank for Filling in U.S. and Export Water Shipment Initial inspection before being put into service September 2004 Intermediate periodie test and inspection (28 months) 5 year periodic test and inspection From time to time, due to the long water transport times and extended foreign customer hold times Akzo Nobel Chemicals must perform its intermeditate periodic test and inspection of portable tanks a few months carlier than the 2 ½ year interval. It is Akzo Nobel Chemicals Inc' interpretation that the intermediate periodic test and inspection and 5 year periodic test and inspection meet DOT requirements for scenario 2 because: years following the initial inspection. The May 2007 periodic test and inspection is The September 2004 intermediate periodic test and inspection was conducted at least 2½ within 5 years of the initial inspection. meets the requirements of the IMO regulations but not DOT regulations. Below is their Our Isotank supplier has advised us that the above noted interpretation of scenario 2 interpretation of how 49CFR 178.605 (c) (1) applies to scenario 2: Isotank supplier Interpretation of Scenario 2: IMO Type 1 Portable Tank for Filling in U.S. and Export Water Shipment May 2002 Initial inspection before being put into service September 2004 Intermediate periodic test and inspection (28 months early) March 2007 May 2007 Your assistance in clarification of the application of 49CFR 178.605 (c) (1) whe erforming carly intermediate periodic tests and inspections is appreciated Sincerely. Manager, Transportation Regulations and Security Tel# 312 544-7177 312 544-7087 Email mark.connolly@akzonobcl.com Akzo Nobel Chemicals Inc. 525 W Van Buren Street Chicago IL 60607#