{"operation":"document","citation":"24-0022","title":"The Hartford Steam Boiler Inspection and Insurance Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2025-01-02","effective_on":null,"summary":"24-0022 response to The Hartford Steam Boiler Inspection and Insurance Company concerning 178.274.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0022.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0022.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0022","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2025-01/240022.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJanuary 2, 2025\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nTimothy Nuoffer\nSupervisor Code Services\nThe Hartford Steam Boiler\nInspection and Insurance Company\nOne State Street\nP.O. Box 5024\nHartford, CT 06102\nReference No. 24-0022\nDear Mr. Nuoffer:\nThis letter is in response to your March 20, 2024, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to offshore portable tanks. In\nyour email, you note that The Hartford Steam Boiler Inspection and Insurance Company (HSB)\nis a designated approval agency (DAA) for the new manufacture and periodic testing of United\nNations (UN) portable tanks—including UN portable tanks approved and certified under\nChapter 6.7 of the International Maritime Dangerous Goods (IMDG) Code. You add that the\napproval document that authorizes HSB to perform this activity—CA20030400011—does not\nspecifically address offshore portable tanks as defined in § 178.274(a)(3). Specifically, you ask\nabout HSB’s DAA authority and whether it includes approval and certification of UN portable\ntanks for offshore service in accordance with Chapter 6.7 of the IMDG Code.\nThe answer is no; however, approval specific to such offshore service is not required by the\nHMR. HSB’s approval allows for the certification of newly manufactured and periodic retesting\nof UN portable tanks, as well as the periodic testing and inspections of existing Department of\nTransportation specification intermodal (IM) 101 and IM 102 portable tanks. Offshore portable\ntanks are portable tanks meeting the \"Guidelines for the Approval of Containers Handled in\nOpen Seas\" specified in the IMDG Code (MSC.1 Cir.860) and marked “OFFSHORE\nPORTABLE TANK” on the identification plate. The certification of an offshore portable tank’s\n1 https://www.phmsa.dot.gov/hazmat/documents/approval/1_CA2003040001_2021104386.pdf/ApprovalsCA_19718_CAApproval-5d365c8c-\n91fa-4f00-8642-c55bd89fc2a9\n\n<<>>\n\ndesign, manufacture, testing, and/or inspection for compliance with MSC.1 Cir.860 is not\nrequired to be authorized by PHMSA. As a result, DAA’s that certify and/or test offshore\nportable tanks may do so independently of a DAA approval with PHMSA.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nSteven Andrews\nActing Chief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\n24-0022\nVore\nJones, Jessie Jane CTR (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent: Monday, March 25, 2024 4:30 PM\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Request for Interpretation- DAA Approval of Offshore Portable Tanks\nAttachments: DAA Scope-Offshore Portable Tank_Interp03202024.pdf\nImportance: High\nFollow Up Flag: Follow up\nFlag Status: Flagged\nHi Alice,\nPlease see the attached letter of interpretation request.\nLet me know if you need anything.\nRegards,\n-Breanna\nFrom: Nuoffer Timothy - Hartford-Remote-HSB \nSent: Wednesday, March 20, 2024 6:19 PM\nTo: INFOCNTR (PHMSA) \nCc: Pascal, Irwin (PHMSA) ; douglas.r.lincoln3@uscg.mil; Redfield Bruce - Hartford-Remote-HSB\n; Babka Sandy - Hartford-HSB \nSubject: Request for Interpretation- DAA Approval of Offshore Portable Tanks\nImportance: High\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links\nor open attachments unless you recognize the sender and know the content is safe.\nPlease find attached my letter requesting interpretation of 49CFR requirements for the approval of offshore\nportable tanks.\nRegards,\nTimothy Nuoffer\nSupervisor Code Services\nThe Hartford Steam Boiler\nInspection and Insurance Company\nOne State Street\nP.O. Box 5024\nHartford, CT 06102-5024\nTelephone: +1 (618) 444-7628\nMobile:\nFacsimile: +1 (618) 444-7628\n1\n\n<<>>\n\nStandards and Rulemaking Division\nPipeline and Hazardous Materials Safety Administration\nAttn: PHH-10\nUS Department of Transportation\nEast Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nCopy\nIrwin Pascal, US DOT\nDouglas Lincoln, US Coast Guard\nSandy Babka, HSB\nBruce Redfield, HSB\nTo whom it may concern:\nApproval of Offshore Portable Tanks\nI have the following inquiry regarding if HSB can approve offshore portable tanks\nunder our US DOT approval, CA2003040001.\nBackground:\nHSB’s scope as a designated approval agency (DAA) covers new manufacture and\nperiodic testing of UN portable tanks and MEGCs. HSB’s approval letter also\nstates, “When the approval holder performs a function required by 49CFR, Parts\n100-180, or the requirements of 6.7 IMDG Code, to be performed by an approval\nagency, that function must be performed in accordance with the applicable\nregulations.” The approval specifically does not state “Offshore portable tank” in the\napproval.\nIn reviewing, 49CFR178.274 definition for offshore portable tank, which states “a\nportable tank specifically designed for repeated use in the transportation of\nhazardous materials to,from and between offshore facilities. An offshore portable\ntank is designed and constructed in accordance with the Guidelines for the Approval\nof Containers Handled in Open Seas specified in the IMDG Code.” Also, note that\nparagraph 49CFR178.274(j)(3), states, “If a portable tank is designed and approved\nfor open seas operations, such as offshore oil exploration, in accordance with the\nIMDG Code, the words “OFFSHORE PORTABLE TANK” must be marked on the\nidentification plate.” it appears that HSB’s US DOT DAA approval would include\noffshore portable tanks.\nAdditionally, in review of the definition for Offshore portable tank in part 6.7.2.1 of\nthe United Nations Transport of Dangerous Goods Model Regulations, it refers to\n“the Guidelines for the Approval of Containers Handled in Open Seas specified by\n20 March 2024\nTimothy J. Nuoffer\nField Services Manager\nCodes & Standards\nTel.: +(618) 444-7628\nTimothy_Nuoffer@hsb.com\nThe Hartford Steam Boiler\nInspection and Insurance Co.\nOne State Street\nP.O. Box 5024\nHartford, CT 06102-5024\nwww.munichre.com/HSB\n\n<<>>\n\nPage 2 20 March 2024\nthe International Maritime Organization in document MSC/Circ.860.” versus “the\nIMDG Code” in 49CFR178.274’s definition.\nTimothy J. Nuoffer\nField Services Manager\nCodes & Standards\nTel.: +(618) 444-7628\nQuestion: Does HSB’s US DOT DAA approval include approval and certification of\nTimothy_Nuoffer@hsb.com\noffshore portable tanks in accordance with Part 6.7 of the IMDG Code?\nAnswer: Yes, provided the UN portable tank satisfies the requirements of\n49CFR178.273 thru 178.277, as applicable, and the Guidelines for the Approval of\nContainers Handled in Open Seas specified by the International Maritime\nOrganization in document MSC/Circ.860 for the container.\nA reply as soon as possible would be greatly appreciated. Should you have\nadditional questions or need to discuss, please call 618-444-7628.\nSincerely,\nThe Hartford Steam Boiler Inspection and Insurance Co.\n\n<<>>\n\nTimothy_Nuoffer@hsb.com\nhsb.com\nIMPORTANT NOTICE:\nThis email (including any attachments) contains confidential and proprietary information that is intended only for the individual or entity designated\nabove. If you are not the intended recipient, please be aware that any use, review, distribution, reproduction, copying, or action taken in reliance upon\nthis email is strictly prohibited. If you received this email in error, please notify the sender immediately, and permanently delete and destroy this email\nand any hard and electronic copies thereof. Although we have taken reasonable precautions to reduce the risk of transmitting software viruses, it is the\nresponsibility of the recipient to ensure that this email is virus-free. The Hartford Steam Boiler Inspection and Insurance Company (including its\nsubsidiaries and affiliates) disclaims any and all liability for any loss or damage caused by this email whether due to viruses, interference, interception,\ndata corruption, unapproved access, misrepresentation, or otherwise.\nIMPORTANT NOTICE:\nThis email (including any attachments) contains confidential and proprietary information that is intended only for the individual or entity designated above. If you\nare not the intended recipient, please be aware that any use, review, distribution, reproduction, copying, or action taken in reliance upon this email is strictly\nprohibited. If you received this email in error, please notify the sender immediately, and permanently delete and destroy this email and any hard and electronic\ncopies thereof. Although we have taken reasonable precautions to reduce the risk of transmitting software viruses, it is the responsibility of the recipient to ensure\nthat this email is virus-free. The Hartford Steam Boiler Inspection and Insurance Company (including its subsidiaries and affiliates) disclaims any and all liability for\nany loss or damage caused by this email whether due to viruses, interference, interception, data corruption, unapproved access, misrepresentation, or otherwise.\n2","truncated":false,"body_characters":9184}