Texas Railroad Commission — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration AUG 2 5 2006 Texas Railroad Commission Mr. Jim Osterhaus Ref. No. 06-0172 P.O. Box 12967 Austin, TX 78711-2967 Dear Mr. Osterhaus: This is in response to your letter requesting clarification of the emergency discharge control requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) for you ask whether these cargo tank motor vehicles may transport liquefied compressed gas if non-metered cargo tank motor vehicles transporting liquefied compressed gas. Specifically, they do not have an "on-board" passive shutdown capability. The question is posed based on § 177.840(г), which you believe may except cargo tank motor vehicles from the shutdown requirement if a facility-provided transfer hose will be used. and used to transport liquefied compressed gas to have an emergency discharge control The HMR require all cargo tank motor vehicles manufactured on or after July 1, 2001, capability as specified in § 173.315(n). For a cargo tank motor vehicle manufactured prior to July 1, 2001, and used to transport liquefied compressed gases, the required emergency discharge control equipment must be installed no later than the date of its first scheduled pressure test after July 1, 2001 (see § 180.405(m)). No cargo tank motor unless it is equipped with the appropriate emergency discharge control equipment (see vehicle used to transport liquefied compressed gas may be operated after July 1, 2006 § 173.315(n)(5)). A cargo tank motor vehicle equipped with a specially designed hose assembly o meet the emergency discharge control requirements in § 173.315(n) may be unloaded using a delivery hose assembly provided by the receiving facility provided the conditions set 173.315(n) 060172 177.840(г)#

Page 2forth in § 177.840(r) are met. Note, however, that even a cargo tank motor vehicle that is unloaded using a facility hose must be equipped with emergency discharge control equipment appropriate to the material transported and the type of service in which the cargo tank motor vehicle is engaged I hope this information is helpful. Please contact this office if you have additional questions. Sincerely Hath I. Mishell Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3Drakeford, Carolyn <PHMSA> Sent: From: INFOCNTR <PHMSA> Subject: To: Thursday, July 20, 2006 2:22 PM M'Jature FW: Information Center Comments/Questions Drakeford, Carolyn <PHMSA> 827g: 3402 He called earlier and is requesting a letter of interp. Thanks! 06-0/12 From: james.osterhaus@rrc.state.tx.us [mailto:james.osterhaus@rrc.state.tx.us] -----Original Message- To: INFOCNTR < PHMSA> Sent: Wednesday, July 19, 2006 4:08 PM Subject: Information Center Comments/Questions Below is the result of your feedback form. (james. osterhaus@rrc.state.tx.us) on Wednesday, July 19, 2006 at 16:07:42. It was submitted by Jim Osterhaus Email: james.osterhaus@rrc.state.tx.us Name: Jim Osterhaus organization: Texas Rallroad Commission P.O.BoX 12967 City: Austin State: Texas Zip Code: 78711 - 2967 Phone: 512-463-6692 metered cargo tank motor vehicles. Comments: Rule Clarification: 173.315 (n) (2) requires passive shutdown capability on non- passive shutdown capabilities shall not operate until it has the appropriate emergency 173.315 (n) (5) (iii) states that a transport without However, 177.840 (r) permits a appears 49 CFR requires all non-metered transports to be equipped with a passive shutdown, specially designed delivery hose assembly meeting the requirements of 173.315 (n) (2). It but operating in Texas that are loaded and unloaded in Texas, other states or in Mexico using it doesn't require the passive shutdown equipment to be used. There are LPG transports shutdown capabilities. facility-provided transfer hoses. Many of these transports are not equipped with passive product) if not equipped with on-board passive shutdown capabilities?#