{"operation":"document","citation":"25-0034","title":"The Hartford Steam Boiler Inspection and Insurance Co. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2025-12-01","effective_on":null,"summary":"25-0034 response to The Hartford Steam Boiler Inspection and Insurance Co. concerning 178.74, 178.75.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0034.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0034.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0034","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2025-12/250034.pdf","body":"<<>>\n\nCasey, C.\n25-0034\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps; Baker, Yul (PHMSA)\nSubject: FW: Request for Interpretation- MEGC/CSC Non-USA DAA\nDate: Thursday, March 27, 2025 15:56:29\nAttachments: MEGC-CSC-Non-USA DAA Interp-03252025.pdf\nHi Alice,\nPlease see the attached interpretation request. Let us know if you need anything.\nSincerely,\nJanaye\nFrom: Nuoffer Timothy - Hartford-Remote-HSB \nSent: Thursday, March 27, 2025 3:36 PM\nTo: INFOCNTR (PHMSA) \nCc: Cassidy, Duane (PHMSA) ; Babka Sandy - Hartford-HSB\n\nSubject: Request for Interpretation- MEGC/CSC Non-USA DAA\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nTo whom it may concern,\nPlease see attached my request for interpretation regarding acceptance of MEGC/CSC\ndesign type approval certificate issued by a non-USA DOT Designated Approval Agency.\nRegards,\nTimothy Nuoffer\nField Services Manager- Transportation 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\nTimothy_Nuoffer@hsb.com\nhsb.com\nIMPORTANT NOTICE:\nThis email (including any attachments) contains confidential and proprietary information that is intended only for the\nindividual or entity designated above. If you are not the intended recipient, please be aware that any use, review, distribution,\nreproduction, copying, or action taken in reliance upon this email is strictly prohibited. If you received this email in error,\nplease notify the sender immediately, and permanently delete and destroy this email and any hard and electronic copies\nthereof. 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\nCompany (including its subsidiaries and affiliates) disclaims any and all liability for any loss or damage caused by this email\nwhether due to viruses, interference, interception, data corruption, unapproved access, misrepresentation, or otherwise.\n\n<<>>\n\nIMPORTANT NOTICE:\nThis email (including any attachments) contains confidential and proprietary information that is intended only for the individual or entity\ndesignated above. If you are not the intended recipient, please be aware that any use, review, distribution, reproduction, copying, or\naction taken in reliance upon this email is strictly prohibited. If you received this email in error, please notify the sender immediately, and\npermanently delete and destroy this email and any hard and electronic copies thereof. Although we have taken reasonable precautions to\nreduce the risk of transmitting software viruses, it is the responsibility of the recipient to ensure that this email is virus-free. The Hartford\nSteam Boiler Inspection and Insurance Company (including its subsidiaries and affiliates) disclaims any and all liability for any loss or\ndamage caused by this email whether due to viruses, interference, interception, data corruption, unapproved access, misrepresentation,\nor otherwise.\n\n<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nDecember 1, 2025\nTimothy J. Nuoffer\nField Services Manager\nThe Hartford Steam Boiler Inspection and Insurance Co.\nOne State Street\nP.O. Box 5024\nHartford, CT 06102\nReference No. 25-0034\nDear Mr. Nuoffer:\nThis letter is in response to your March 27, 2025 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the certification of multiple\nelement gas containers (MEGCs) that are also International Convention for Safe Containers\n(CSC)-approved. Specifically, you ask about the requirements for the acceptance of a design\ntype approval issued by an approval agency that is not a Designated Approval Agency (DAA), as\nspecified in 49 CFR Part 107, Subpart E.\nWe have paraphrased and answered your questions as follows:\nQ1. For an MEGC that was approved by a non-Department of Transportation (DOT) approval\nagency, does the requirement that all tests specified in §§ 178.74 and 178.75 be witnessed\nby a DAA apply to the selected framework test required by International Organization for\nStandardization (ISO) 1496-3?\nA1. Yes. A DAA must witness all tests required for the approval of the MEGC specified in\n§§ 178.74 and 178.75—this includes the applicable framework test as specified in ISO\n1496-3. However, a DAA may review and reapprove a previously approved MEGC\ndesign type. The DAA assumes full responsibility for the work of the previous approval\nagency when reapproving the MEGC design type.\nQ2. Is the manufacturer required to construct a new prototype or re-test an existing prototype\nif the design type approval was issued by an inspection body that is a non-DOT approval\nagency?\n\n<<>>\n\nA2. While the manufacturer is not required to construct a new prototype or re-test an existing\nprototype, a DAA is required to witness all required tests (or reapprove the tests\nconducted by another approval agency) and to issue an approval. See answer A1.\nQ3. A manufacturer has a design type approval for an MEGC that was issued by a non-DOT\napproval agency that certifies that it meets the requirements of the International Maritime\nDangerous Goods Code, the International Carriage of Dangerous Goods by Road, and the\nCSC. To obtain a DOT approval for the MEGC, is the manufacturer required to construct\na new prototype or re-test an existing prototype in accordance with §§ 178.74 and 178.75\nand have a DAA witness those tests?\nA3. See answer A1.\nQ4. For the purposes of § 178.74(c), must the approval agency that issues the design type\napproval certificate for the MEGC be a delegated approval authority by the U.S. Coast\nGuard (USCG) as required for CSC containers per 49 CFR Parts 450 and 451?\nA4. No. Section 178.74 does not require that the approval of an MEGC be authorized by the\nUSCG. However, this does not preclude any potential USCG container requirements.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk DerKinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division","truncated":false,"body_characters":6526}