Mr. Andrew Abrams — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration OCT 2 7 2008 1200 New Jersey Ave.. SE Washington, DC 20590 Mr. Andrew Abrarns 76 1 West Sproul Road Unit 208 Springfield, PA 19064 Ref. No.: 08-0205 Dear Mr. Abrams: This is in response to your August 7, 2008 letter requesting clarification of the emergency discharge control equipment requirements provided in § 173.3 15(n) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 1 80). Specifically, you request clarification of the roles performed by the Design Certification Engineer and Registered Inspector during the assembly and installation of Smart-Hose Passive Devices. Your questions are restated and answered as follows: Q1: Section 1 73.3 1 5(n)(2)(ii) requires the design of the equipment to be certified by a Design Certifying Engineer. Does the Design Certifying Engineer need to be present to review each component of the Smart-Hose System? A1 : No. The Design Certifying Engineer is only required to certify that the design of the emergency discharge control equipment conforms to the performance standard in § 173.3 15(n)(2). There is no requirement to review each component throughout the manufacturing process. 42: Paragraph (n)(2)(iii) requires the installation of emergency discharge control equipment to be performed under the supervision of a Registered Inspector. Does this mean that a registered inspector must be present during the installation and testing of the emergency discharge control equipment (e.g. Smart-Hose)? A2: Generally, emergency discharge control equipment must be installed under the supervision of a Registered Inspector. "Under the supervision of' means the Regstered Inspector must be present during installation and testing. Note, however, that 173.3 15(n)(2)(iii) includes an exception for "equipment that is installed and removed as#

Page 2part of regular operation (e.g., a hose)." A Smart-Hose is attached to a cargo tank motor vehicle in the same way as an ordinary hose; thus, supervision of such installation by a Registered Inspector is not necessary. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, ,,,,"A ' A" b Susan Gorsky Acting chief, Standards Development Office of Hazardous Materials Standards#

Page 3Andrew Abrams 761 West Sproul Road Unit 208 Springfield, PA 19064 Thursday, August 07,2008 Mr. Charles Hochman Director Office of Hazardous Materials Technology US Department of Transportation PHMSA 1200 New Jersey Avenue, SE Building 2"d Floor Washington, DC 20590 Re: Letter of Interpretation -- 49 CFR 173.315 Dear Mr. Hochman I am writing in connection with the above captioned inquiry to ask for an interpretation of the regulations as it relates to the role of a DCE and Registered Inspector in the assembly and installation of certain passive devices.#

Page 4Andrew Abrams 761 West Sproul Road Unit 208 Springfield, PA 19064 (iil The design for the means to automatically shut off product flow must be certified by a Design Certifying Engineer. The certification must consider any specifications of the original component manufacturer and must explain how the passive means to shut off the flow of product operates. It must also outline the parameters (e.g., temperature, pressure, types of product) within which the passive means to shut off the flow of product is designed to operate. All components of the discharge system that are integral to the design must be included in the certification. A copy of the design certification must be provided to the owner of the cargo tank motor vehicle on which the equipment will be installed. (iii) Installation must be performed under the supervision of a Registered Inspector unless the equipment is installed and removed as part of regular operation (e.g., a hose). The Registered Inspector must certify that the equipment is installed and tested, if it is possible to do so without damaging the equipment, in accordance with the Design Certifying Engineer's certification. The Registered Inspector must provide the certification to the owner of the cargo tank motor vehicle. - Issue: Since the Smart-Hose System consists of the installation of a "passive device" into the internal section of a standard hose assembly, can a Design Certifying Engineer issue a single "one-time" certification for the system without reviewing the specific components of each hose assembly? We submit that this is not the intention of the DCE Certification as it relates to a completely integrated system requiring no infield installation since the Smart- Hose system is both designed and installed by the manufacturer. An example of this premise would be if a Smart-Hose system were installed into an LPG hose that is installed into NH3 service, it will not function properly as a "passive device" due to potential product incompatibility issues yet the system could be certified without evaluating these issues if the regulations were interpreted otherwise. - Issue: Since the Smart-Hose system (or any fully installed passive device) is both manufactured and installed by the same entity, is the intent of the regulations to require the installation "under the supervision of a Registered Inspector" to require the Registered Inspector to look carefully at or over; view closely and critically or examine formally or officially the installation of the passive device and therefore must this function be performed contemporaneously with the installation of the system? More succinctly, can this function be performed by someone who is not present during the installation?#

Page 5Andrew Abrams 761 West Sproul Road Unit 208 Springfield, PA 19064 Thank you for your consideration. Sincerely, Andy Abrams#

Page 6/ /-.-. SMART HOSE TECHNOLOGIES New Hose Test Certification The ~mart-HoaeO" technology is a pmven hose technology designed to counteract the hazardous effect of hose rupture or failure during fluid or gaseous transfer operations. A11 smart-I4osetm designs, Smart-Hose'" I, smart-~ose'"l with breakaway, SmartSfoseh II and ~rnart-~ose~"' Ill utilize the unique, patented and patent pending designs which elbmlnates the potential for disaster through the use of an internal cable connected to specially designed, normally unseated valve "wedges or plungers" located on each end of the cable. In the event of hose separation, stretching to the point of an unsafe condition or coupling-to- separation, the valve 'kedges or plungers or flappers" are released and antly seat stopping the flow In both dlrectlons. (Operating temp. 4 a U ~ to 1 8 0 0 ~ 1 .---._--- I certify that this hoee aseembly meets all the requlremenb of the DOT and when installed on any MC330, MC331 or authorized non-specificatian compressed gas cargo tank will satlsfy the requirements for the passive shut dawn feature requlred for these cargo tanks by 49CFR 173.31 5 US DOT. Certified By: Smart-Hose Technologies CT# 7953 - - --- .- - - - - . - - - Design certi$rng Eng: On the above date. Smart-Hose Technologies has inspected and tested the hose assembly listed by serial number below. Visual Inspection: Accepted Test Pressure: TOO PSlG Passed Working Pressure: 350 PSlG Passed Hose Type:Hose, NH3- LL 3-2" X 18.6 31 6-SS,FNPT- MNPT SOW520 Reqlstered l n s p e c t ~ ~ .. .. - Company Owner of Hose: Company Representative Signature: Thls \est only represen& khat the hose has passed the deflned test on lire d a b tested, no other warranty express o r implied is granted as a result of thii cerSfiwte. It is important that all hose be inspected and tested on a regular basis in accordan- wirh Sman-Hose Technol "a les Form #I 9991 'Proper Hose Use. Care and Maintenanm." 2538 S 59 St., Phlladelphia. PA 19143 Toll Free (877) 3566278 Fax (215) 730-0558 Test Cert Form #G9-9 Rev6 (March 2001)#