The Hartford Steam Boiler Inspection and Insurance Co. — Hazardous Materials Safety Interpretation

Page 1Casey, C. 25-0034 From: INFOCNTR (PHMSA) To: Dodd, Alice (PHMSA) Cc: Hazmat Interps; Baker, Yul (PHMSA) Subject: FW: Request for Interpretation- MEGC/CSC Non-USA DAA Date: Thursday, March 27, 2025 15:56:29 Attachments: MEGC-CSC-Non-USA DAA Interp-03252025.pdf Hi Alice, Please see the attached interpretation request. Let us know if you need anything. Sincerely, Janaye From: Nuoffer Timothy - Hartford-Remote-HSB <Timothy_Nuoffer@hsb.com> Sent: Thursday, March 27, 2025 3:36 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Cc: Cassidy, Duane (PHMSA) <Duane.Cassidy@dot.gov>; Babka Sandy - Hartford-HSB <sandy_babka@hsb.com> Subject: Request for Interpretation- MEGC/CSC Non-USA DAA 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 attached my request for interpretation regarding acceptance of MEGC/CSC design type approval certificate issued by a non-USA DOT Designated Approval Agency. Regards, Timothy Nuoffer Field Services Manager- Transportation Services The Hartford Steam Boiler Inspection and Insurance Company One State Street P.O. Box 5024 Hartford, CT 06102-5024 Telephone: +1 (618) 444-7628 Timothy_Nuoffer@hsb.com hsb.com IMPORTANT NOTICE: This email (including any attachments) contains confidential and proprietary information that is intended only for the individual or entity designated above. If you are not the intended recipient, please be aware that any use, review, distribution, reproduction, copying, or action taken in reliance upon this email is strictly prohibited. If you received this email in error, please notify the sender immediately, and permanently delete and destroy this email and any hard and electronic copies thereof. Although we have taken reasonable precautions to reduce the risk of transmitting software viruses, it is the responsibility of the recipient to ensure that this email is virus-free. The Hartford Steam Boiler Inspection and Insurance Company (including its subsidiaries and affiliates) disclaims any and all liability for any loss or damage caused by this email whether due to viruses, interference, interception, data corruption, unapproved access, misrepresentation, or otherwise.#

Page 2IMPORTANT NOTICE: This email (including any attachments) contains confidential and proprietary information that is intended only for the individual or entity designated above. If you are not the intended recipient, please be aware that any use, review, distribution, reproduction, copying, or action taken in reliance upon this email is strictly prohibited. If you received this email in error, please notify the sender immediately, and permanently delete and destroy this email and any hard and electronic copies thereof. Although we have taken reasonable precautions to reduce the risk of transmitting software viruses, it is the responsibility of the recipient to ensure that this email is virus-free. The Hartford Steam Boiler Inspection and Insurance Company (including its subsidiaries and affiliates) disclaims any and all liability for any loss or damage caused by this email whether due to viruses, interference, interception, data corruption, unapproved access, misrepresentation, or otherwise.#

Page 31200 New Jersey Avenue, SE Washington, DC 20590 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration December 1, 2025 Timothy J. Nuoffer Field Services Manager The Hartford Steam Boiler Inspection and Insurance Co. One State Street P.O. Box 5024 Hartford, CT 06102 Reference No. 25-0034 Dear Mr. Nuoffer: This letter is in response to your March 27, 2025 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the certification of multiple element gas containers (MEGCs) that are also International Convention for Safe Containers (CSC)-approved. Specifically, you ask about the requirements for the acceptance of a design type approval issued by an approval agency that is not a Designated Approval Agency (DAA), as specified in 49 CFR Part 107, Subpart E. We have paraphrased and answered your questions as follows: Q1. For an MEGC that was approved by a non-Department of Transportation (DOT) approval agency, does the requirement that all tests specified in §§ 178.74 and 178.75 be witnessed by a DAA apply to the selected framework test required by International Organization for Standardization (ISO) 1496-3? A1. Yes. A DAA must witness all tests required for the approval of the MEGC specified in §§ 178.74 and 178.75—this includes the applicable framework test as specified in ISO 1496-3. However, a DAA may review and reapprove a previously approved MEGC design type. The DAA assumes full responsibility for the work of the previous approval agency when reapproving the MEGC design type. Q2. Is the manufacturer required to construct a new prototype or re-test an existing prototype if the design type approval was issued by an inspection body that is a non-DOT approval agency?#

Page 4A2. While the manufacturer is not required to construct a new prototype or re-test an existing prototype, a DAA is required to witness all required tests (or reapprove the tests conducted by another approval agency) and to issue an approval. See answer A1. Q3. A manufacturer has a design type approval for an MEGC that was issued by a non-DOT approval agency that certifies that it meets the requirements of the International Maritime Dangerous Goods Code, the International Carriage of Dangerous Goods by Road, and the CSC. To obtain a DOT approval for the MEGC, is the manufacturer required to construct a new prototype or re-test an existing prototype in accordance with §§ 178.74 and 178.75 and have a DAA witness those tests? A3. See answer A1. Q4. For the purposes of § 178.74(c), must the approval agency that issues the design type approval certificate for the MEGC be a delegated approval authority by the U.S. Coast Guard (USCG) as required for CSC containers per 49 CFR Parts 450 and 451? A4. No. Section 178.74 does not require that the approval of an MEGC be authorized by the USCG. However, this does not preclude any potential USCG container requirements. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk DerKinderen Chief, Standards Development Branch Standards and Rulemaking Division#