OSM, LLC — Hazardous Materials Safety Interpretation

Page 11200 New Jersey Avenue, SE Washington, DC 20590 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration June 23, 2022 Ms. Ann Fukunaga OSM, LLC 4348 Waialae Avenue, #485 Honolulu, HI 96816 Reference No. 22-0004 Dear Ms. Fukunaga: This letter is in response to your January 20, 2022, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the periodic testing, inspection, and repair of portable tanks. Specifically, you ask whether T75 United Nations (UN) portable tanks used for the transportation of refrigerated liquefied gases (e.g., carbon dioxide) are excepted from the pneumatic test required by the 5-year periodic inspection and test specified in § 180.605(e). The answer is yes. As specified in § 180.605(e), portable tanks used for the transportation of refrigerated, liquefied gases are excepted from the requirement for internal inspection and the hydraulic pressure test (hydrostatic or pneumatic) during the 5-year periodic inspection and test, if the portable tanks were pressure tested to a minimum test pressure of 1.3 times the design pressure using an inert gas, as prescribed in § 178.338-16(a) and (b), before putting the portable tank into service initially, and after any exceptional inspections and tests specified in § 180.605(f). I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Pollack From: INFOCNTR (PHMSA) To: Dodd, Alice (PHMSA) Cc: Hazmat Interps Subject: FW: RE: 49CFR180.605 (e) Periodic inspection and test -- IA-0002 Date: Tuesday, January 25, 2022 12:42:17 PM Attachments: image006.png image008.png 22-0004 Hello Alice, Please see the below interpretation request. Let me know if you have any questions. Regards, -Breanna From: OSM <osm@oceansurveys.net> Sent: Thursday, January 20, 2022 2:28 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Fwd: RE: 49CFR180.605 (e) Periodic inspection and test -- IA-0002 CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. To Whom It May Concern; Please see emails below, I have copied my initial inquiry (last email) again. Irwin Pascal recommended that I request a definitive answer from you and that the question may have been asked/answered previously. Original email below: I have an inquiry from a potential customer who has UN Portable Tanks (T75) used for the transportation of refrigerated liquefied gas (Carbon Dioxide). 49CFR180.605 (e) Periodic inspection and test -- "...Portable tanks used for the transportation of refrigerated, liquefied gases are excepted from the requirement for internal inspection and the hydraulic pressure test during the 5-year periodic inspection and test, if the portable tanks were pressure tested to a minimum test pressure of 1.3 times the design pressure using an inert gas as prescribed...before putting the portable tank into service..." Are these tanks exempt from the 5 year, in this case, pneumatic test? Looking forward to hearing from your as soon as possible.#

Page 3Aloha, Ann Fukunaga IA-0002 --- OSM, LLC 4348 Waialae Avenue, #485 Honolulu, Hawaii 96816 Telephone: (808) 525-5000 E-mail: osm@oceansurveys.net -------- Original Message -------- Subject:RE: 49CFR180.605 (e) Periodic inspection and test -- IA-0002 Date:2022-01-20 04:12 From:"Pascal, Irwin (PHMSA)" <irwin.pascal@dot.gov> To:"osm@oceansurveys.net" <osm@oceansurveys.net> Cc:"Approvals (PHMSA)" <Approvals@dot.gov> Good day Ann I would recommend the individual send an interp request to the standards division here at PHMSA in order to obtain a definite answer. This question may have already been addressed, and if so the response time will be short. Because in my opinion, not PHMSA's, the site states that ".....excepted from the requirement for internal inspection and the hydraulic pressure test during the 5-year periodic inspection and test...", so that would mean to me that the 5-year periodic inspection and test would still need to be performed, except that the two items stated are exempt. You can see why an interp request is the best alternative as my opinion really does not count. I have attached the HMIC information below. Hazardous Material Information Center (PHMSAHMInfoCenter@dot.gov) 1-800-HMR-4922 1-800-467-4922 202-366-4488 infocntr@dot.gov Irwin Pascal CDGP#

Page 4Transportation Specialist Sciences and Engineering Division Office of Hazardous Materials Safety US Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave., SE Washington, D.C. 20590-0001 Email: Irwin.pascal@dot.gov Office: 202-366-8181 ◊ Fax: 202-366-3753 PHMSA Home | LinkedIn | Twitter | HAZMAT | OPS From: Approvals (PHMSA) <Approvals@dot.gov> Sent: Thursday, January 20, 2022 7:57 AM To: Pascal, Irwin (PHMSA) <irwin.pascal@dot.gov> Subject: FW: 49CFR180.605 (e) Periodic inspection and test -- IA-0002 Please take a look and respond to the applicant. Let me know if you need assistance. Duane M. Cassidy Chief, Pressure Vessels Branch (PHH-25) Sciences and Engineering Division Office of Hazardous Materials Safety#

Page 5US Department of Transportation Pipeline and Hazardous Materials Safety Administration E21-301, 1200 New Jersey Ave SE, Washington, DC 20590 Office: 202.366.5794 ◊ Mobile: 202.596.0583 PHMSA Home | LinkedIn | Twitter | HAZMAT | OPS From: OSM <osm@oceansurveys.net> Sent: Wednesday, January 19, 2022 5:49 PM To: Approvals (PHMSA) <Approvals@dot.gov> Subject: 49CFR180.605 (e) Periodic inspection and test -- IA-0002 CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. To Whom It May Concern; I have an inquiry from a potential customer who has UN Portable Tanks (T75) used for the transportation of refrigerated liquefied gas (Carbon Dioxide). 49CFR180.605 (e) Periodic inspection and test -- "...Portable tanks used for the transportation of refrigerated, liquefied gases are excepted from the requirement for internal inspection and the hydraulic pressure test during the 5-year periodic inspection and test, if the portable tanks were pressure tested to a minimum test pressure of 1.3 times the design pressure using an inert gas as prescribed...before putting the portable tank into service..." Are these tanks exempt from the 5 year, in this case, pneumatic test? Looking forward to hearing from you as soon as possible.#

Page 6Thank you. Aloha, Ann Fukunaga IA-0002 -- OSM, LLC 4348 Waialae Avenue, #485 Honolulu, Hawaii 96816 Telephone: (808) 525-5000 E-mail: osm@oceansurveys.net#