Southern International, Incorporated — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Research and ›pecial Program: Administration DEC 19 2003 Mr. Terry L. Brittenham, President Ref. No. 03-0217 Southern International, Incorporated 4200 Perimeter Center Drive, Suite 205 Oklahoma City, OK 73112-2391 Dear Mr. Brittenham: This responds to your August 18, 2003, letter requesting clarification concerning requirements for manholes, latches, and ladders on Specification DOT 406, DOT 407 and DOT 412 cargo tank motor vehicles that transport petroleum crude oil under the Hazardous Materials Regulations (HIMR;49 CFR Parts 171-180). Your questions are paraphrased ans answered below: Q1. What DOT regulations apply to cargo tank hatch assemblies for DOT specification 406, 407, and 412 cargo tank motor vehicles? Al. Section 178.345-5 of the HMR specifies the requirements for manhole assemblies on DOT 406, 407, and 412 cargo tank motor vehicles. The term "hatch assembly" and "manhole assembly" are synonymous for regulatory purposes. Generally, a manhole assembly mut be structurally capable of withstanding without leakage a static internal fluid pressure of at least 36 psig or cargo tank test pressure, whichever is greater. Q2. Are there any DOT regulations that pertain to ladders on cargo tank motor vehicles? AZ. Under the HMR, ladders attached to cargo tank motor vehicles are regulated as appurtenances. An appurtenance includes any attachment to a cargo tank that has no lading retention or containment function and provides no structural support to the cargo tank, as defined in § 178.320 of the HMR. Design, construction, and installation requirements for such appurtenances are provided in § 178,345- 3(f) for DOT 406, 407, and 412 cargo tank motor vehicles. I hope this answers your inquiry. Sincerely, Susan Senior Transportation Regulations Specialist Office of Hazardous Materials Standards 178.345-5 030217#

Page 2Southern International, Incorporated Oklahoma City, OK 73112-2391 4200 Perimeter Center Drive, Suite 205 Telephone: (405) 943-5288 USA • Telefax: (405) 947-4149 E-Mail: Sll@icnet.net Boothe August 18, 2003 5178.345-5 Cargo lank Mr. Edward T. Mazzullo U.S. DOT/RSPA (DHM-10) Director, Office of Hazardous Materials Standards Ref #03-0217 400 7th Street S.W. Washington, D.C. 20590-0001 Subject: Clarification concerning cargo tank motor vehicle requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Dear Mr. Mazzulio: Specification DOT 406 (178.346), DOT 407 (178.347), and DOT 412 (178.348) cargo Part 178.345 describes general design and construction requirements applicable to tank motor vehicles. Here, 178.345-5 describes requirements for manhole assemblies assembly located on the top of a cargo tank used to transport crude oil? Also, if an on a cargo tank. Is there any DOT regulation that describes requirements for a hatch tank, in order to meet requirements for fall protection (please see the attachment), is operator needs access to a manhole or a hatch assembly located on the top of the cargo there any DOT or OSHA or ASME regulation that describes requirements as to how such a ladder assembly shall be constructed? If you should have any question, please call me at (405)-943-5288. Thank you. Sincerely, President Brittenhan TLB/pam attachment#

Page 3would prevent ine perormance of the required work, an alternate system may be used. The contractor must develop and protection systems descred in Subpart M would create a greater safety hazard or is infeasible, i.e., impossible to construc aplement a written fall protection plan meeting the requirements of §1926.502 instances in which it is impossible to provide fall protection for workers are rare. Where an individual worker must rig the fall protection system, and it cannot be accomplished from an aerial lift or by tying-off to the existing structure, momentary Boposure do a tal taded ex be ura void hazards serial adequate a hial protesten systems elzed actualze such enhance safety, rather than creating a secondary hazard. The following table summarizes commonly encountered situations where fall protection is required, the heights at which fall protection must be provided, and the OSHA reference for that requirement. Table 1. Fall protection requirements in commonly encountered situations. Situation Height Requiring Fall Protection OSHA Reference [Scaffold 1(245 in wide) 10 ft (3.0 m) 1926.451(a)(4) (<45 in wide) Scaffold - 3.0 m) 4 ft to 10 ft (1.3 1926.451(a)(4) Swinging scaffold (painter's scaffold) 16 ft (1.8 m) 1926.451 (I)(8); personal fall satisfy criteria in 1926.502 protection provided must Impalement hazard Any exposure Bridge decks |1926.20(a)(1) unprotected sides and 6 ft (1.8 m) 1926.500(b)(1) edges installation Bridge decks, form 16 ft (1.8 m) 1926.500(b)(2) Tall steel bridges Form work and 6 ft (1.8 m) 6 ft (1.8 m) 1926.501(b)(1); 1926.502(c) reinforcing steel 1926.501(b)(5) erection Precast concrete 6 ft (1.8 m) 1926.501(b)(12) runway: walkvays, and 6ft (1.8 m 1926.501(b)(7) Aerial lifts All situations 1926.556(b)(2)(v); personal fall protection must satisfy Ladders Varies criteria. in 1926.502 Openings for 6ft (1,8m) 1926 SubpartX 1926.501(b)(4) : dangerous equipment All situations 1926.501(b)(8) Any height 1926.20(a)(1), 1926.28(a) SECTION 3: ELECTRICAL http://www.tfhrc.gov/////hnr20/bridge/repair/ch3/ch3.htm 7/30/2003#