{"operation":"document","citation":"09-0222","title":"FIBA Technologies, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-10-27","effective_on":null,"summary":"09-0222 response to FIBA Technologies, Inc. concerning 171.7, 173.301.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0222.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0222.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0222","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090222.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department 1200 New Jersey Ave., SE\nofTransportation Washington, DC 20590\nPipeline and Hazardous Materials\nSafety Administration OCT 2 1 ::09\nMr. Christopher R. Adams\nManager, Regulatory Affairs\nFIBA Technologies, Inc.\n1535 Grafton Road\nMillbury, MA 01527\nRef. No. 09-0222\nDear Mr. Adams:\nThis responds to your e-mail requesting more information about a recently published final\nrule under Docket PHMSA-2006-2591O (HM-218E; April 9, 2009) that revised the mounting\nintegrity criteria in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) for\ncylinders mounted on motor vehicles or in frames. You also acknowledge the May 11,2009\neffective date of amendments to the HMR in the final rule and ask if they are applicable to\ncylinders mounted prior to that date.\nThe answer is no. Cylinders mounted prior to May 11,2009 must conform to the criteria\nspecified in § 173.301(i) of the HMR in effect on October 1, 2008. Cylinders mounted on or\nafter May 11, 2009 must conform to the Compressed Gas Association's technical bulletin TB25,\nadopted under the final rule as matter incorporated by reference in § 171.7 of the HMR.\nAlthough we intend to monitor very closely any incident trend involving cylinders mounted\nprior to the effective date of the final rule, it is our understanding there was already\nwidespread use of eGA TB-25, an industry consensus standard in place since 2005 (and\nrevised in 2008) that was specifically implemented to enhance the safe transportation of such\ncylinders mounted in frames.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSi~_\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent: Monday, September 28,200912:03 PM S+even~\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: Hazmat Safety Feedback: Other\n~ l13· 30/(;)\nFrom: PHMSA-Feedback [mailto:PHMSA-Feedback] ~ If nof-er:S\nSent: Friday, September 25, 2009 11:33 AM\nTo: HMIS (PHMSA); PHMSA Webmaster 09\"02.22\nSubject: Hazmat Safety Feedback: Other\nTo Whom It May Concern:\nRecently 49 CFR § 173.301(i) of the Hazardous Materials Regulations of the Department of\nTransportation was modified to include within 49 CFR § 173.301(i) (2) the statement that\nseamless DOT fication cylinders longer than 2 m are authorized for transportation\nonly when horizontally mounted on a motor vehicle or in an ISO framework or other\nframework of equivalent structural integrity \"in accordance with CGA TB-25\" ..\nFIBA Technologies, Inc. (\"FIBA\") commends the DOT for adopting the Compressed Gas\nAssociation technical bulletin, TB-25, Design Considerations for Tube Trailers, 2008\nEdition, and addressing a issue identified by the National Transportation Safety\nBoard. However, we must out to the DOT that this CGA technical bulletin clearly\nstates in the opening paragraph that it \"defines basic design considerations for new tube\ntrailers (including tube modules)\". Thus, the design requirements of CGA TB-25 apply only\nto new equipment manufacturers when designing and building new tube trailers, ISO modules\nor other transportable tube assemblies after May 11, 2009, which was the date that the\nPHMSA final rule became effective.\nSince CGA TB-25 clearly only applies to new equipment, the design requirements of CGA\nTB-25 do not need to be applied to compressed gas transportation equipment that has been\nmanufactured prior to May 11, 2009. Consequently, there are thousands of tube trailers\nand other similar motor vehicles manufactured before 5/11/2009 that may not comply with\nthe considerations for tube trailers prescribed in CGA TB-25 and, thus, may not be\nsafely operating on U.S. roadways.\nThe above said, FIBA would like to know if the DOT has any plans to address the\nfleets of equipment manufactured prior to 5/11/2009, which mayor may not have been\ndesigned in a manner that complies with CGA TB-25? In other words, can we expect\nadditional amendments to the DOT hazardous materials regulations that will require the\nstructure, valves, pressure relief devices, and other piping components in direct\ncommunication with the lad.ing (up to and including the first closed shutoff valve) on all\ncompressed gas transportation equipment operating on U.S. highways to be in compliance\nwith CGA TB-25? Alternat might we expect to see some form of a grandfather clause\nwritten into the DOT regulations to permit equipment designed and manufactured before\n11, 2009 to continue to operate even if it does not comply with CGA TB-25?\nIf you have any questions or would like additional information, please do not hesitate to\ncontact FIBA directly.\nSincerely,\nChristopher R. Adams\nManager, Regulatory Affairs\nFIBA Technologies, Inc.\n1535 Grafton Road, Millbury, MA, U.S.A. 01527 TEL (508) 887-7100\nName: Christopher R. Adams\nOrganization: FIBA Technologies, Inc.\nEmail: chrisadams@fibatech.com\nPhone: 508-887-7100\nFAX: 508-754-2254\n1","truncated":false,"body_characters":4980}