{"operation":"document","citation":"08-0205","title":"Mr. Andrew Abrams — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-10-21","effective_on":null,"summary":"08-0205 concerning 173.315.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0205.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0205.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0205","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/080205R.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\nOCT 2 7 2008\n1200 New Jersey Ave.. SE\nWashington, DC 20590\nMr. Andrew Abrarns\n76 1 West Sproul Road Unit 208\nSpringfield, PA 19064\nRef. No.: 08-0205\nDear Mr. Abrams:\nThis is in response to your August 7, 2008 letter requesting clarification of the emergency\ndischarge control equipment requirements provided in § 173.3 15(n) of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 17 1 - 1 80). Specifically, you request\nclarification of the roles performed by the Design Certification Engineer and Registered\nInspector during the assembly and installation of Smart-Hose Passive Devices. Your\nquestions are restated and answered as follows:\nQ1: Section 1 73.3 1 5(n)(2)(ii) requires the design of the equipment to be certified by a\nDesign Certifying Engineer. Does the Design Certifying Engineer need to be present to\nreview each component of the Smart-Hose System?\nA1 : No. The Design Certifying Engineer is only required to certify that the design of the\nemergency discharge control equipment conforms to the performance standard in\n§ 173.3 15(n)(2). There is no requirement to review each component throughout the\nmanufacturing process.\n42: Paragraph (n)(2)(iii) requires the installation of emergency discharge control\nequipment to be performed under the supervision of a Registered Inspector. Does this\nmean that a registered inspector must be present during the installation and testing of the\nemergency discharge control equipment (e.g. Smart-Hose)?\nA2: Generally, emergency discharge control equipment must be installed under the\nsupervision of a Registered Inspector. \"Under the supervision of' means the Regstered\nInspector must be present during installation and testing. Note, however, that\n173.3 15(n)(2)(iii) includes an exception for \"equipment that is installed and removed as\n\n<<<PAGE 2>>>\n\npart of regular operation (e.g., a hose).\" A Smart-Hose is attached to a cargo tank motor\nvehicle in the same way as an ordinary hose; thus, supervision of such installation by a\nRegistered Inspector is not necessary.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\n,,,,\"A ' A\" b\nSusan Gorsky\nActing chief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nAndrew Abrams\n761 West Sproul Road Unit 208\nSpringfield, PA 19064\nThursday, August 07,2008\nMr. Charles Hochman\nDirector\nOffice of Hazardous Materials Technology\nUS Department of Transportation PHMSA\n1200 New Jersey Avenue, SE Building 2\"d Floor\nWashington, DC 20590\nRe: Letter of Interpretation -- 49 CFR 173.315\nDear Mr. Hochman\nI am writing in connection with the above captioned inquiry to ask for an interpretation of\nthe regulations as it relates to the role of a DCE and Registered Inspector in the assembly\nand installation of certain passive devices.\n\n<<<PAGE 4>>>\n\nAndrew Abrams\n761 West Sproul Road Unit 208\nSpringfield, PA 19064\n(iil The design for the means to automatically shut off product flow must\nbe certified by a Design Certifying Engineer. The certification must\nconsider any specifications of the original component manufacturer and\nmust explain how the passive means to shut off the flow of product\noperates. It must also outline the parameters (e.g., temperature,\npressure, types of product) within which the passive means to shut off\nthe flow of product is designed to operate. All components of the\ndischarge system that are integral to the design must be included in the\ncertification. A copy of the design certification must be provided to the\nowner of the cargo tank motor vehicle on which the equipment will be\ninstalled.\n(iii) Installation must be performed under the supervision of a\nRegistered Inspector unless the equipment is installed and removed as\npart of regular operation (e.g., a hose). The Registered Inspector must\ncertify that the equipment is installed and tested, if it is possible to\ndo so without damaging the equipment, in accordance with the Design\nCertifying Engineer's certification. The Registered Inspector must\nprovide the certification to the owner of the cargo tank motor vehicle.\n-\nIssue: Since the Smart-Hose System consists of the installation of a \"passive device\" into\nthe internal section of a standard hose assembly, can a Design Certifying Engineer issue a\nsingle \"one-time\" certification for the system without reviewing the specific components\nof each hose assembly?\nWe submit that this is not the intention of the DCE Certification as it relates to a\ncompletely integrated system requiring no infield installation since the Smart-\nHose system is both designed and installed by the manufacturer. An example of\nthis premise would be if a Smart-Hose system were installed into an LPG hose\nthat is installed into NH3 service, it will not function properly as a \"passive\ndevice\" due to potential product incompatibility issues yet the system could be\ncertified without evaluating these issues if the regulations were interpreted\notherwise.\n-\nIssue: Since the Smart-Hose system (or any fully installed passive device) is both\nmanufactured and installed by the same entity, is the intent of the regulations to require\nthe installation \"under the supervision of a Registered Inspector\" to require the\nRegistered Inspector to look carefully at or over; view closely and critically or examine\nformally or officially the installation of the passive device and therefore must this\nfunction be performed contemporaneously with the installation of the system? More\nsuccinctly, can this function be performed by someone who is not present during the\ninstallation?\n\n<<<PAGE 5>>>\n\nAndrew Abrams\n761 West Sproul Road Unit 208\nSpringfield, PA 19064\nThank you for your consideration.\nSincerely,\nAndy Abrams\n\n<<<PAGE 6>>>\n\n/ /-.-.\nSMART HOSE\nTECHNOLOGIES\nNew Hose\nTest Certification\nThe ~mart-HoaeO\" technology is a pmven hose technology designed to\ncounteract the hazardous effect of hose rupture or failure during fluid or gaseous\ntransfer operations. A11 smart-I4osetm designs, Smart-Hose'\" I, smart-~ose'\"l\nwith breakaway, SmartSfoseh II and ~rnart-~ose~\"' Ill utilize the unique,\npatented and patent pending designs which elbmlnates the potential for disaster\nthrough the use of an internal cable connected to specially designed, normally\nunseated valve \"wedges or plungers\" located on each end of the cable. In the event\nof hose separation, stretching to the point of an unsafe condition or coupling-to-\nseparation, the valve 'kedges or plungers or flappers\" are released and\nantly seat stopping the flow In both dlrectlons. (Operating temp. 4 a U ~ to 1 8 0 0 ~ 1\n.---._---\nI certify that this hoee aseembly meets all the requlremenb of the DOT and when installed\non any MC330, MC331 or authorized non-specificatian compressed gas cargo tank will\nsatlsfy the requirements for the passive shut dawn feature requlred for these cargo tanks\nby 49CFR 173.31 5 US DOT.\nCertified By: Smart-Hose Technologies CT# 7953\n- - --- .- - - - - . - - -\nDesign certi$rng Eng:\nOn the above date. Smart-Hose Technologies has inspected and tested the hose\nassembly listed by serial number below.\nVisual Inspection: Accepted\nTest Pressure: TOO PSlG Passed\nWorking Pressure: 350 PSlG Passed\nHose Type:Hose, NH3- LL 3-2\" X 18.6 31 6-SS,FNPT- MNPT\nSOW520 Reqlstered l n s p e c t ~ ~ .. .. -\nCompany Owner of Hose:\nCompany Representative Signature:\nThls \\est only represen& khat the hose has passed the deflned test on lire d a b tested, no other warranty express o r\nimplied is granted as a result of thii cerSfiwte. It is important that all hose be inspected and tested on a regular basis in\naccordan- wirh Sman-Hose Technol \"a\nles Form #I 9991 'Proper Hose Use. Care and Maintenanm.\"\n2538 S 59 St., Phlladelphia. PA 19143\nToll Free (877) 3566278 Fax (215) 730-0558\nTest Cert Form #G9-9 Rev6 (March 2001)","truncated":false,"body_characters":7887}