Browning Bushman P.C — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and Administration DEC 1 1 2002 Mr. Loren G. Helmreich Ref. No. 02-0236 Browning Bushman P.C. 5718 Westheimer Suite 1800 Houston, TX 77057-5771 Dear Mr. Helmreich: This is in response to your August 29, 2002 letter regarding automatic shut off devices on cargo tanks • under § 173.315 in the Hazardous Materials Regulations (HMR; 49 CFR. Parts 171-180). Specifically, you ask if a shut off system that is certified by a Design Certified Engineer per § 173.315(n)(2)(ii) and installed in the hose must be installed under the supervision of a Registered Inspector as per § 173.315(n)(2)(iii). . The answer is yes. The device you describe requires modifications to a hose beyond regular operation as that term is tised in § 173.315(n)(2)(iii) : Therefore, the shutoff device must be installed under the supervision of a Registered Inspector. Once installed in the hose, however, the hose may be attached and unattached from the cargo tank without supervision: I hope this satisfies your request. Sincerely, Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards' 173.315 020236 parate senses ase.#

Page 2BROWNING BUSHMAN P.C. 3173.315 C. JAMES BUSHMAN RALPH K. BROW. G (1905-19:9) "H'TREIMER, CUTTE 1800 LOREN G. HELMREICH TELEPHONE (713) 266-5593 H JUSTON, TX 77057-5771 CARLOS A. TORRES ni COUNSEL: E-MAIL: bblgh@sbcglobal.net FACSIMILE (713) 266-5169 MARVIN B. EICKENROHT EUGENE N. RIDDLE TIM COOK INCLUDING PATENT, TRADEMARK, COPYRIGHT LAW, DITELLECTUAL PROPERTY LAW UNFAIR COMPETITION AND RELATED MATTERS August 29, 2002 Director Mr. Edward T. Mazzulo Office of Hazardous Material Storage U.S. DOT/RSTA/DHM10 400 7" Street Southwest Washington, D.C. 20290 Re: Our File: PGI-114 Passive-R4 System Dear Mr. Mazzulo: We represent Precision International Limited (PI), the manufacturer of a product marketed by Squibb Taylor as the Passive-R4 System. Attached is a one-page advertisement entitied Passive-R4 - A Look Inside, and another two-page sheet entitled Passive-R4-D.O.T. Hose Safety. System. the R4 System must have installation periormed under the supervision of a Registèred Third parties have been advised by a competitor that customers that purchase Inspector pursuant to Section 173.315(n) of the Regulations Governing Transportation and Unloading of Liquified Compressed Gas. We are convinced this representation is untrue, since the Passive-R4 System design is certified by a Design Certifying Engineer under Section 173.315(n)(2)(ii), and since the equipment is instailed and removed as part of regular operation, e.g., a hose, it is thus exempted from the installation certification requirement of (iii). PGI has been manufacturing and selling this highly reliable system for over 4 months in full compliance with both the letter and the spirit of the Regulations.#

Page 3Mr. Edward T. Mazzulo Page - 2 August 29, 2002 that the installation of the Passive-R4 System satisfies the requirements of Section PGI requests that the Department of Transportation provide a letter indicating 173.315(n)(2). Please advise if any further information or documentation is required. Thank you for your cooperation. Best regards, Loren G. Haireich Enclosures L.GH/rt CC: Spence Nimberger, PG! Pat Hodges, Squibb Taylor (Via Fax No. (214) 357-5723#