Cusco Fabricators, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh St., S.W. Research and Administration Special Programs OCT 29 2004 Mr. Pardhasarathi Chilukuri Reference No. 04-0242 Cusco Fabricators, Inc. 305 Enford Road Richmond Hill, L4C3E9 Ontario, CANADA Dear Mr. Chilukuri: This is in response to your October 1, 2004 e-mail to Waider Wong, Structural Design Engineer, Federal Highway Administration, asking if Finite Element Analysis (FEA) or hand calculations may be used to verify that DOT 407 and DOT 412 series cargo tank bumpers, described here as rear-end protection devices, and rollover guards, described here as overturn protection devices, meet the performance requirements of the Department of Transportation's (DOT's) Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if you can use hand calculations to verify the performance of the design for the non-linear portion of the deflection of an overturn protection device and a rear-end protection device. The HMR do not require or prohibit FEA calculations to verify the performance of a particular design nor do they require or prohibit physical testing. Each cargo tank or cargo tank motor vehicle design type must be certified to conform to its specification requirement by a Design Certifying Engineer (DCE). See § 178.320(b)(1). The DCE's responsibility for certifying the cargo tank motor vehicle design type includes verification of the method of analysis and its justification. If a manufacturer's DCE can demonstrate by hand calculations that the accident damage protection devices meet the performance requirements for strength and/or displacement of the DOT 400 cargo tank series specifications, DOT will perform the same level of calculations to verify compliance with the requirements. On the other hand, if the manufacturer chooses to codes, such as ANSYS and Ls-Dyna, to validate the modeling output results. Also, § 178.320(b)(2) states the DCE must furnish to the manufacturer of a cargo tank that complies with its specification requirements a certificate to denote its compliance. The certificate and the required sketches, drawings, and calculations used to obtain certification must each be signed by the DCE I hope this satisfies your request. Sincerely, Hotke z. Mitshell Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards 178,320 040242#

Page 2Gorsky, Susan Sent: From: Shelton, Danny [Danny.Shelton@fmcsa.dot.gov] Subject: To: Thursday, October 14, 2004 7:55 AM Edmonson RE: Cusco draft 1 Gorsky, Susan <RSPA> $178.320 Here it is. Cargo Tanks From: sarathi C [mailto:sarathi@wastequipcusco.com] Design Certificatia To: Wong, Waider Sent: Friday, October 01, 2004 9:59 AM 04-0242 Subject: Interpretation Dear Mr. Waider Wong, For design of the Bumper and Rollover Guards of DOT 407 / 412, for the nonlinear portion accurate results in my opinion. of the deflection (of minimum 6"), hand calculations are not reliable as they can not give However I found some DCEs are performing hand calculations while some others are performing FE analysis which is more expensive. What is acceptable to DOT and what is not permitted by DOT? Is there any rulings by DOT that hand calculations alone (without any testing) are not acceptable. May I request you to let me know the direction given by DOT in this regard? Sarathi Regards, From: Gorsky, Susan --Original Message---- Sent: Thursday, October 14, 2004 7:49 AM <RSPA> Subject: RE: Cusco draft 1 To: Shelton, Danny Thanks for the draft. Can you forward the original email from Mr. Chilukuri? Susan -----Original Message----. Sent: Wednesday, October 13, 2004 [mailto:Danny.Shelton@fmcsa.dot.gov] Cc: Staniszewski, Stanley <RSPA›; Olson, Philip To: Gorsky, Susan <RSPA> Subject: Cusco draft 1 Now is this service or what. did look at the letter and made comments. Let me know what else you need from me. P.s. Their changes are incorporated in the letter. Stan and Phil 1#

Page 3Gorsky, Susan Last Name: Full Name: Perdhasarathi Job Title: First Name: Chilukuri Pardhasarathi Company: DCE & Tank Inspector Cusco Fabricators, Inc. Business Address: 305 Enford Road, Ontario L4C 3E9 Richmond Hill, Canada Business: Business Fax: (905) 883-1778 (905) 883-1214 Extn. 229 E-mail Display As: E-mail: sarathi@wastequipcusco.com Pardhasarathi C (sarathi@wastequipcusco.com) Birthday:#

Page 4US Department of Transportation Washington, D.C. 400 Seventh Street, S.W. 20590 Research and Administration Special Programs SEP 3 0 1999 Mr. Frank B. Postma, P.G. Ref. No. 99-0244 Project Manager 127 Hartwell Street Corporate Environmental Advisors, Inc. West Boylston, MA 01583 Dear Mr. Postma: reporting requirements in § 171.16 of the Hazardous Materials Regulation's (HMR; 49 CFR Parts This responds to your letter dated August 25, 1999, requesting clarification of the incident 171-180). Specifically, you ask if a carrier is required to file an incident report in accordance with § 171.16 for a release from a motor vehicle fuel tank or from a motor vehicle's hydraulic, cooling, or lubrication systems. The answer is no. A hazardous materials carrier must file DOT Form F: 5800.1 within 30 days of circumstances set forth in §: 171.15 occurs. A motor vehicle fuel tank that meets the an unintentional release of hazardous materials from a package, including a tank, or if any of the Regulations, including marking, is-maintained in accordance with NFPA/ASME standards for requirements for all fuel systems under §§ 393.65 and 393.69 of the Federal Motor Carrier Safety fuel systems, and is not used as a packaging for hazardous materials is not subject to the requirements of the HMR. Similarly, a motor vehicle's hydraulic, cooling, and lubrication systems are not packaging for hazardous materials and, thus, are not subject to the HMR. this office. I hope this information is helpful. If you have further questions, please do not hesitate to contact Sincerely, The ama, A.Allon Thomas G. Allan Senior Transportation Regulations Specialist Office of Hazardous Materials Standards 171.16 990244#

Page 5Gorsky: 8n11 August 25, 1999 CORPORATE ENVIRONMENTAL ADVISORS, INC. 99-024 400 7** Street, Southwest USDOT/RSPA (DHM 10) Washington, D.C. 205090-0001 ATTN: Mr. Edward Mazzullo, Director for office of Hazardous Materials Standards RE: Official Interpretation of Regulation 49 CFR 171.16 Dear Mr. Mazzullo, Corporate Environmental Advisors, Inc. (CEA) requests an official interpretation of the pertains to the following scenario. Is a carrier of hazardous materials required to submit a United States Department of Transportation (US DOT) regulation 49 CFR 171.16 as it.. regulation if a release occurred from the fuel tanks used for propulsion of the vehicle and detailed incident report on Foim F5800.1 in duplicate as required by the aforementioned - propulsion are exempt under the Federal Materials Transportation Law (49 U.S.C. 5101 not from the mobile bulk storage tank. It is our understanding that tanks used for materials used in the operation of the vehicle (i.e. hydraulic systems, cooling systems, et seq.) and 49 CFR 171-180. Additionally, would this exemption also include other lubrication systems, etc.). Thank you for your attention to our request. Sincerely, Corporate Environmental Advisors, Inc. p. Frank B. Postma, P.G. Project Manager CORPORATE HEADQUARTERS: HARTWELL BUSINESS PARK, 127 HARTWELL STREET, WEST BOYLSTON, MA 01583 • PHOME: 508-835-8822 FAX: 508-835-8812 E-MAIL ADDRESS: coa@cea-inc.com#