Desert Isle Inc., Lahaina Air Conditioning, Ltd. — 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 Mr. Peter Faulkner President Desert Isle Inc., Lahaina Air Conditioning, Ltd. P.O. Box 700699 Kapolei, HI 96709-0699 Reference No. 22-0005 Dear Mr. Faulkner: 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 22-0005 From: INFOCNTR (PHMSA) To: Dodd, Alice (PHMSA) Cc: Hazmat Interps Subject: FW: RE: 49CFR180.605 (e) Periodic inspection and test -- IA-0002 Date: Thursday, January 27, 2022 1:07:14 PM Attachments: rptPeriodicSIS.pdf image006.png image008.png Hello Alice, Please see the interp request below and attached. This request is the same from Ann Fukunaga. It may be best to assign to the same person, since they are asking the same question, and are from the same company. If you have any questions, please do not hesitate to reach out. Regards, -Breanna From: Peter Faulkner <peter.faulkner@desertisleinc.com> Sent: Thursday, January 20, 2022 4:17 PM To: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov>; OSM <osm@oceansurveys.net> 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. Can I request an interpretation for the following 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 initial service..." Are these tanks exempt from the 5 year, in this case, pneumatic test? Commodity: Refrigerated Liquid Carbon Dioxide UN2187 Tank was manufactured under UN T75 with US/DOT approval and Inspected by an IA.See nameplate with Test data. See attached#

Page 3Pete Faulkner President Desert Isle Inc., Lahaina Air conditioning, Ltd. Office: (808) 682-4209 Ext 6 message Cell: (808) 479-3997 Fax: (808) 682-4194 PO Box 700699 Kapolei, HI 96709-0699 NEW! www.desertisleinc.com NEW! Follow us on Twitter: http://twitter.com/desertislebev PLEASE NOTE EFFECTIVE IMMEDIATELY DUE TO COVID-19 AT THIS TIME OUR SERVICE TECHNICIAN HOURS ARE MONDAY-FRIDAY 8AM-4PM CONFIDENTIALITY: The information contained in or attached to this e-mail is intended for the sole use of the designated recipient and may contain privileged and confidential information. If you are NOT the designated recipient please notify us by e-mail or phone at (808) 6824209 and destroy all electronic and hard copies of the original message. Thank you ---------- Forwarded message --------- From: OSM <osm@oceansurveys.net> Date: Thu, Jan 20, 2022 at 9:09 AM Subject: Fwd: RE: 49CFR180.605 (e) Periodic inspection and test -- IA-0002 To: Peter Faulkner <peter.faulkner@desertisleinc.com> Here is your answer, you should ask for an interpretation from the standards division, see contact information below. Aloha, Ann --- 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>#

Page 4Good 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 Transportation 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#

Page 5From: 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 US 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>#

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

Page 8DNV/GL SILVER/CIMS DNV•GL Control Number Tank Container Periodic Inspection Report SILVER/CIMS uC Date 25-Apr-19 INSPECTION SERVICES This certifies that the undernoted tank container has been reinspected in accordance with the regulations indicated. IA-9101 Note: This inspection is performed subject to DNV-GL's Standard Terms and Conditions. Scope: 2½ Year Inspection 5 Year Inspection ] Exceptional Place of inspection: Rapid Tank Service, Kallo, Belgium Owner's Serial Number Operator/Lessor: Bofort NV TONU 720015-0 Manufacturer: GASCON Manufacturer's Serial No. P42923 Applicable Regulations. Enter initial approval No. as applicable [X CS_B BV 63256 •UK-DFT IMO ..UN PORTABLE T75 US-DOT IA-8106 RID/ADR B63256 AAR 600 BAM TC Impact TIR _GB C 12123 BV 2013 UIC FRA Tank Information Inspection Dates (mm/yy) Year of Manufacture: 2016 Initial Hydro Test: 10/16 Witness: BV Max Gross Weight (Kg): 36000 Last Hydro Test: 10/16 Witness: BV Tare Weight (Kg): 8900 This inspection date: 25/04/19 Capacity (L): 22000 Date Next Inspection Due: 10/21 Design Temp (C): -196/+50 M.A.W.P. (Bar): 22 Inspections Performed N/A In Order See Comments Test Pressure (Bar): 30.7 Internal Inspection Top Discharge: No External Inspection Bottom Discharge: Yes Leak Test No. of closures in series: Three Date: Pressure (Bar): 25-Apr-19 Shell Material: SA240 304 19.8 Shell Thickness (mm): 10.0 MM Fittings Inspection Heads Material: S240 304 Frame Inspection Heads Thickness (mm): 10.1 MM Decals Inspection x ISO Type: 22K7 Steam Coils Test Pressure (Bar): N/A Pressure Relief Valves 1st 2nd Comments: Manufacturer/Type: BESTOBELL N/A 36/006/16 36/019/16 4X SRV S/N.: 36/014/16, 36/005/16, IA-9101 Serial Number: SEE COMMENTS N/A Full Flow Rate (CHR): NOT SHOWN N/A Operating Pressure (Bar): 22 N/A Vacuum Setting (Hg): N/A| N/A ONIANS BA Bursting Disc (Bar): NIA | N/A there! Surveyors Name: CSC 10/21 Anthony Bova T. De Smit Plate Marking/Stamping: NVO4/19 Catier or of her niy of thy aran y expressed orempiesigner, builder, owner, manufacturer, seller, supplier, operator, certiying authority, repairer, hauler, SC-IM101-Rev. No. 4.0#