{"operation":"document","citation":"06-0243","title":"Alloy Custom Products — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-01-03","effective_on":null,"summary":"06-0243 response to Alloy Custom Products concerning 173.33, 177.834.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0243.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0243.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0243","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060243.pdf","body":"<<<PAGE 1>>>\n\n95 sportions\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nHazardous Materials Safety\nPipeline and\nJAN\n.L.i\nMr. Everett Snoeberger\nRef. No.: 06-0243\n9701 SR 25 North\nAlloy Custom Products\nLafayette, IN 47905\nDear Mr. Snoeberger:\nThis is in response to your October 19, 2006 letter and enclosed video regarding the use of\nMC-338 cargo tank motor vehicles as specified under the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180). Your scenarios revolve around the shipment of hazardous\nmaterials in vacuum insulated MC-338 cargo tank motor vehicles. Your questions are\nparaphrased and answered as follows:\nQ1: Section 173.33(g) requires each liquid filling and liquid discharge line in ar MC-338\ncargo tank to be provided with a remotely controlled internal self-closing stop valve except\nwhen the MC-338 cargo tank is used to transport argon, carbon dioxide, helium, krypton,\nneon, nitrogen, and xenon. Section 178.338-11(b) specifies that for MC-338 cargo tanks,\neach liquid filling and liquid discharge line must be provided with a shut-off valve located\nthe line must also have a manual shut-off valve. This provision allows for either an\nas close to the tank as practicable and, unless the valve is manually operable at the valve,\ninternal or an external stop valve placed as close to the tank as possible. We have found\nthat most vacuum insulated MC-338 cargo tanks operate at temperatures below the reliable\noperating temperature of available internal self-closing stop valves, and currently no\ntemperatures that may reach minus 452 °F. Therefore, is a MC-338 required to have a\nranufacturer builds an internal self-closing stop valve that will operate reliably at\nremotely controlled internal self-closing stop valve as specified in § 173.33(g)?\nAl: The answer is no. MC-338 cargo tanks that utilize an external self-closing stop valve\nfor compliance with the requirements in § 178.338-11(b) may be used to transport\nissue will be clarified in a future rulemaking.\nhazardous materials in commerce, notwithstanding the provisions in § 173.33(g). This\n(2: Section 177.834(j) requires cargo tanks to be transported with all valves and other\nclosures in liquid discharge systems to be closed and free of leaks unless transported il\naccordance with 8 173.29(b)(2). This provision was added as a result of HM-222B (Ma\n30, 1996; 61 FR 27166) to consolidate the closure requirements for cargo tanks\ntransporting Class 3 (flammable liquid) materials, class 8 (corrosive) materials, and\nDivision 6.1 (poisonous) materials. This rule did not consider the impact this provision\nwould have on MC-338 cargo tanks that transport cryogenic liquids. These tanks have\n113.33(9)\n177.834\n060243\n\n<<<PAGE 2>>>\n\nexternal self-closing valves that are normally transported in an open position. These\nSubsequently, these valves require a large amount of force and effort to open. As a result,\nvalves are designed to close with a tremendous amount of force to ensure proper closure.\nthe potential for physical injury to employee personnel is increased and the ability of the\nvalve system to operate is potentially compromised as a result of repeated cycling\n(opening, closing, and testing). Does §177.834(i) permit emergency self-closing valves\non MC-338 cargo tanks to be either open or closed during transit?\n42: The answer is yes. External emergency self-closing valves on MC-338 cargo tanks\ncontaining cryogenic liquids may remain either open or closed during transit. We will\nclarify this issue in a future rulemaking.\ncontact this office.\n.. hope this information is helpful. If you have further questions, please do not hesitate to\nSincerely,\nHotte Moha\nHattie Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials, Standards\n\n<<<PAGE 3>>>\n\nSatterth waite\n113.359\nAlloy Custom Products InC. Cargo Tank\n3177.837\nMailing: P. O. Box 198, St. Rd. 25S Delphi, IN 46923-0198\nShipping: 9701 St. Rd. 25 N Lafayette, IN 47905-4394\n06-0243\nEngineering, Fabricating and Repair of ASME Code Pressure Vessels & Process Equipment and Cryogenic\n800-359-2556 E-mail: sales@alloycusfomproducts.com\nFAX: 765-564-6032\nWEB: www.alloycustomproducts.co\nPage 1 of 3\nDirector, Office of Hazardous Materials\nJ.S. DOT / PHMSA (PHH-10]\n10/19/2006\nWashington, D.C. 20590-0001\n100 7* Street S.W\nMr. Edward T. Mazzullo\nDear Mr. Mazzullo,\nrequirements in 177.834(j) requiring that all valves in liquid discharge systems are closed.\nthe requirements of 49 CFR 173.33(g) which currently require these tanks to be equipped with internal\nWe respectfully request an interpretation that vacuum insulated MC-338 cargo tanks be excepted from\nself closing emergency stop valves.\nemergency stop valve. The design and construction requirements in 49 CFR 178.338-11( b) and (c\nchanged to permit MC-338 cargo tanks to be equipped with either an internal or external self closing\nthat may be open or closed during transit.\nBackground\n1. Availability of suitable components;\nb.\na.\nExternal self closing stop valves\nInternal valves\n2. Normal operating procedures\na.\nExternal self closing stop valves are open during transit because they are extremely\n3.\nIntent of the rules as they were originally written\ndifficult to be reset by the driver once they are closed.\na.\nreliably closes with authority and stops the flow of liquid from lines in the event of an\nThe original intent of the regulation was to provide these cargo tanks with a valve tha\nemergency.\n\n<<<PAGE 4>>>\n\nPage 2 of 3\nclosing stop valve but it is impossible to comply with on all MC-338 cargo tanks. Most vacuum insulated\nFirst and foremost 49 CFR Part 173.33 (g) requires that all MC-338 cargo tanks to have an internal self\ninternal self closing stop valves and there is currently no manufacturer building this component that will\nMC-338 cargo tanks operate\nat temperatures below the reliable operating temperature of available\ndesign of these tanks is such that access to the inside of the tank to perform repairs to an internal\noperate reliably at temperatures which may reach minus 452 degrees Fahreneit. Additionally, the\nvalve is not practical. Self closing stop valves are necessary and all MC-338 cargo tanks transporting\nflammable cryogenic liquids are equipped with these devices, but they are located externally and as\nexternal self-closing stop valve as cited in 49 CFR 178.320(a)(8) states that valve: must be designed so\nclose as practical to the tank in accordance with 49 CFR Part 178.338-11(b). The definition of an\nself-closing valves externally on\nthat the self-stored energy source is located outside the cargo tank and the welded flange. Locating the\ncomplying with current requirements does not compromise the safe transportat on of these products.\na vacuum insulated tank as close as practical to the tank and\n178.338 and\nThis definition further supports the intent of the design and construction requirements in 49 CFR\nclosing stop valve.\nalso enhances and facilitates preventive maintenance and testing of the external self\nallows for self closing stop valves on MC 338 cargo tanks to be located as close as practical to the\nBased on this information we are requesting that PHMSA issue an interpretation for 173.33(g) which\ncargo tank. In addition we recommend that 173.33(g) be changed to read as follows:\n\"(g) Remote control of self-closing stop valves-MC 330, MC 331 and MC 338 cargo tanks. Each liquid\nor vapor discharge opening in an MC 330 or MC 331 cargo tank must be provided with a remotely\ncontrolled internal self-closing stop valve, except when an MC 330 or MC 331 cargo tank is marked\ncertified before January 1, 1995, this requirement is applicable only when an MC 330 or MC 331 cargo\nand used exclusively to transport carbon dioxide. However, if the cargo tank motor vehicle was\ntank is used to transport a flammable liquid, flammable gas, hydrogen chloride (refrigerated liquid), or\ncontrolled internal or external self-closing stop valve, except when an MC 338 cargo tank is used to\nEach liquid filling and liquid discharge line in an MC 338 cargo tank must be provided with a remotely\ntransport argon, carbon dioxide, helium, krypton, neon, nitrogen, and xenon. However, if the cargo tank\nmotor vehicle was certified before January 1, 1995, this requirement is applicable only when an MO\n338 cargo tank is used to transport flammable ladings.\"\nduring transit.\nThe second issue that has been identified is that 49 CFR 177.834(i) requires that all valves be closed\nregulations of 177.837(b), 177.839(b), and 177.841(d). These regulations pertain to Class 3 (flammable\nThis regulation was changed as a result of HM-222B in an effort to consolidate the\nliquids) materials, Class 8 (corrosive) materials, and division 1 (poison) materials. When these rules\nwere consolidated it was never the intent of the rule to apply to MC-338 cargo tanks. There was no\nthe DOT or industry concerning the effects of this rule change on the\nBecause these external self closing stop valves close with authority, the ability of these valves to close\nhese valves. Typically ball valves and swing gate valves are used for this application and are equipper\nvithout leaks may be compromised as a result of frequent cycling (opening, closing, and testing) o\nensure the valve closes tightly in an emergency situation. Frequent cycling of these valves exerting this\nleopardizes he relicauses these valves to une is r, seats, and em packigan co\n\n<<<PAGE 5>>>\n\nPage 3 of 3\nBased on this information we are requesting that PHMSA issue an interpretation of 49 CFR 177.834(i)\nransit. In addition we recommend that 49 CFR 177.834() be changed to read as follows\nwhich will permit the external self closing stop valve to remain open on MC-3:38 cargo tanks during\n(i) Except for a cargo tank conforming to §173.29(b)(2) of this subchapter, a person may not drive a\ncargo tank motor vehicle containing a hazardous material regardless of quantity unless:\n(i)(1) All manhole closures are closed and secured; and\n(j)(2) All valves and other closures in liquid discharge systems are free of leaks; and\n(i) (3) All valves and other closures in the liquid discharge system must be closed, except the external\nclosing stop valve may remain open during transit for MC-338 cargo tanks.\nto illustrate the practical application of these safety devices. Enclosed is a video cisc demonstrating the\nWe have provided photos of typical applications of self closing emergency ball and swing gate valves\nclosing force and speed of a ball valve with a spring actuator. The second video fle demonstrates the\nof our request and if you need any additional information please do not hesitate to contact us at (765-\ndifficulty of resetting the spring actuator and the release mechanism. We appreciate your consideration\n564-4684 ext 223)\nSincerely\nEith Suffer\nEverett Snoeberger\nIndustry Committee\nDavid Hahn\nLee Drury\nRussell Engineering\nJack B Kelley\nRon Baker\n9 Dewar Street\n8101 West 34th Avenue\nCryogenic Vessel Alternative\nDorchester, MA 02125\nAmarillo, TX 79121\n9528 Warren Avenue 77521\nBaytown, TX 77521\nScot Nason\nCharles Buckley\nRandy Tumbrello\nMVE\nNew Prague, MN 56071\n407 7th Street Northwest\n87 Industrial Ave E.\nTransgas\nLogistics Express\nLowell, MA 01852\nOrange CA 92688\n1100 Town and Country Ro\nAlex Varghese\nEverett Snoeberger\nLiegh Valley Industrial Park 9701 SR 25 North\nGardener Cryogenics\nAlloy Custom Products\nBethlehem, PA 18020\nLafayette, IN 47905","truncated":false,"body_characters":11410}