{"operation":"document","citation":"02-0005","title":"Keehn Service Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-03-22","effective_on":null,"summary":"02-0005 response to Keehn Service Corporation concerning 173.315.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0005.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0005.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0005","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020005.pdf","body":"<<<PAGE 1>>>\n\n•\nWashington, D.C. 20590\n400 Seventh St., S.W.\nResearch and\nspecial Programs\nMAR 2 2 2002\nidministration\nMr. Richard C. Willard\n99 North 11\" Avenue\nKeeht Service Corporation\nRef. No. 02-0005\nCoatesville, PA 19320\nDear Mr. Willard:\nThis is in response to your January 8, 2002 letter concerning emergency discharge control\nequipment for compressed gases in the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180). Specifically, your letter involved requirements in § 173.315(n) requiring the remote\nshut-off to close the internal valve and to shut down the motive and auxiliary power equipment\nupon activation.\nYou describe cargo tank motor vehicles (CTMVs) that are used for both metered and non-\nmetered deliveries, and suggest that the emergency discharge control requirements in\n§ 173.315(n) require such CTMVs to be equipped with both passive and off-truck remote\nmeans of shut down. You are correct that the HMR do not specifically address this issue.\nHowever, it was never our intention to require a CTMV to meet both requirements. If a\nCTMV operating in both metered and non-metered delivery service is equipped with a passive\nmeans of shut down that meets the requirements in § 173.315(n)(2) and functions for both\ntypes of deliveries, then it need not also be equipped with an off-truck remote means of shut\ndown. However, if the passive means of shutdown only functions for non-metered deliveries,\nthen the CTMV must also be equipped with an off-truck remote shutdown system.\nAs you note in your letter, the decision to require the remote shut-off to close the internal valve\nand shut down the motive power and auxiliary equipment was arrived at through a lengthy\nnegotiated rulemaking. In a negotiated rulemaking, representatives of interests affected by a\nregulation work together to analyze safety issues and identify potential solutions. The process\ngives parties the opportunity to find creative solutions, improve the information data base for\nlecisions, produce more acceptable rules, enhance compliance, and reduce the likelihood of\ncourt challenges. This negotiated rulemaking committee included representatives from\nbusinesses that transport and deliver propane, anhydrous ammonia, and other liquefied\ncompressed gases; manufacturers and operators of cargo tanks and vehicle components; and\nstate and local public safety and emergency response agencies.\nThere are several important safety benefits associated with an off-truck remote shut-off\ncapability. In the event of an unintentional release, the qualified person will be able to quickly\nclose the internal self-closing stop valve, thereby minimizing the amount of product released.\nНАННА НИИ\n173.315(1)\n020005\n\n<<<PAGE 2>>>\n\nThe requirement to have the remote shut off the motive and auxiliary power equipment is to\neliminate a possible ignition source, not only from a hot engine, but also from an active electrical\nsystem that could trigger a spark. A remote shut-off allows the person to avoid approaching\nthe vehicle during an incident when it may be enveloped in vapors of released product or\nengulfed in flames if there is a fire at the point of release.\nIf you would like to obtain more information on the events that transpired during the negotiated\nrulemaking, including equipment costs and other concerns you outline in your letter, please\nconsult our docket on-line (http://dms.dot.gov/) and search under docket RSPA-1997-2718.\nYou will find over 200 documents that include summaries of the negotiated rulemaking,\nomments from the regulated community, internal correspondence, and published rulemakin\nnotices. Most of the discussion concerning the negotiated rulemaking starts with documen\nRSPA-1997-2718-181. In addition, if you would like to propose a change to the HMR, you\nmay submit a petition for rulemaking following guidelines outlined in § 106.15.\nI hope this satisfies your request.\nSincerely,\nSiles 7- Mazalo\nEdward T. Mazzullo\nDirector, Office of Hazardous\nMaterials Standards\n\n<<<PAGE 3>>>\n\nJohnsen\n§173.315 (n)\nKEEHN\nSERVICE CORPORATION\nCargo Tanks\n02-0005\n99 NORTH 11th AVENUE • COATESVILLE, PA 19320\nPHONE: (610) 384-6851\nFAX: (610) 380-0316\nDecember 5, 2001\nOffice of Hazardous Materials Standards\nMr. Edward T. Mazzullo, Director\nUnited States Department of Transportation\n400 Seventh Street, Southwest\nResearch and Special Programs Administration\nWashington, DC\nRE: Request for Clarification and Interpretation - Emergency Discharge\nControl Equipment for Compressed Gases 49CFR-173.315 (n)\nDear Mr. Mazzullo,\ndischarge control retrofit requirements for cargo tanks in liquefied compressed gas service\nWe have cerțain customers who are having difficulty complying with the new emergency\nrequired pressure retest after July 1st\n(49CFR Part 173.315 (n)). These regulations become effective at the time of the CTMV's first\n3500 water gallon capacity that are in both metered and non-metered delivery service.\n, 2001, specifically cargo tank motor vehicles greater than\nbulk unload by pumping through a 20 foot 2\" delivery hose to the customers storage tank, and\nOur customers are operating propane (LPG) and anhydrous ammonia transports that\nliquid hose at a flow rate of less than 100 gallons per minute. In accordance with the parameters\nalso by pumping through a 2\" meter connected to a hose reel which contains 150 +/- feet of 1\" ID\nremote means of shut down are required for each of these CTMV, as one or the other are\nas shown in the table in this same section, it would appear that both a passive and off truck\nrequired during various types of unloading.\nWe are in agreement with the passive system requirement for the bulk unloading of non-\ni. Generally, power equipment (truck tractors) are diesel powered and, therefore\nlo not provide a significant source of ignition. The truck tractor, in most cases, is\n2. If an interface must exist between the tractor and the trailer to both close the\nabout 20 teet from a potential product discharge source.\ninternal valve and shut down the tractor engine, tractor trailer assemblies will\n\n<<<PAGE 4>>>\n\nessentially have to be \"married\" in order to properly function. This could possibly\nexpense of $1500 to $2000 per tractor for the necessary equipment. It also limits\nexclude or limit the use of Owner-Operators who will have to justify the added\n3.\nThe question must be asked \"Do we really want the tractor disabled during an\ntractor trailer combinations, especially early in the retrofit program.\nincident?\" Would it be better to give the driver the added capability of moving the\nrestart to get it moving, does this limit the drivers options?\nrig to a safer location? If the engine is shut down and it takes a thoughtful\n4.\nWas it the intention of the Regneg group that this part of the regulations are to be\ninterpreted this way?\nnot dilute the requirements of the new regulations, not deter from the safety enhancements\nBy eliminating the requirement for shutting down the tractor engine, we think that this will\nyour timely response to this request. If you or any of your staff have any questions or comments,\nproposed, and also give the carriers some needed flexibility on the compliance side. We ask for\nrcwillard@aol.com.\nplease feel free to contact me at the number shown above or at my email address\nSincerely,\nPresident\nRichard C. Willard\nMswordDOT-letter-request for ruling-remote systems-12-01\n\"i :\n4","truncated":false,"body_characters":7387}