ARTA Group, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 NOV 1 5 2012 Dr. Alex von Keitz ARTA Group, Inc. 4801 Woodway Dr. 300E Houston, TX 77056 Ref. No.: 12-0164 Dear Dr. Alex von Keitz: This responds to your July 30, 2012letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the cargo tank attendance requirements. Specifically, you ask whether a qualified person supervising the loading or unloading of a cargo tank by video surveillance satisfies the HMR provided a breakaway coupling is installed that can either be activated by a pull force (passive) or remotely by an actuator (active)? Generally, the answer is no. As specified in§ 177.834(i)(3), except for unloading operations subject to §§177.837(d), 177.840(p), and 177.840(q), a qualified person "attends" the loading or unloading of a cargo tank if, throughout the process, he is alert and is within 7.62 m (25 feet) of the cargo tank. Additionally, the qualified person attending the unloading of a cargo tank must have an unobstructed view of the cargo tank and delivery hose to the maximum extent practicable during the unloading operation. The Pipeline and Hazardous Materials Safety Administration does not consider the use of electronic monitoring equipment, even when combined with breakaway couplings, as meeting the specific requirements contained in § 177.834. Therefore, electronic attendance during cargo tank unloading is authorized only by special permit. You may contact our Approvals and Permits Division at (202) 366-4535 for more information. I hope this satisfies your inquiry. Please contact us if we can be of further assistance. T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Drakeford, Carolyn (PHMSA) From: Sent: To: Cc: Subject: Foster, Glenn (PHMSA) Monday, August 06, 2012 12:39 PM Drakeford, Carolyn (PHMSA) Betts, Charles (PHMSA); Benedict, Robert (PHMSA); Billings, Delmer (PHMSA); Kelley, Shane (PHMSA); Pfund, Duane (PHMSA); Supko, Ben (PHMSA) FW: presence requirement DOT HM-225A From: avkeitz@arta-us.com [mailto:avkeitz@arta-us.com] Sent: Monday, July 30, 2012 2:20 PM To: ann.mazzullo@dot.gov Cc: Nicklaus, Joseph (PHMSA); Alexy, Karl (FRA) Subject: presence requirement DOT HM-225A Ann Hope my email finds you well. I am coming back to our conversation during my visit at DOT dating back 3 years. I seek clarification on the requirements in 49 CFR Parts 173, 177, 178, 180[Docket No. RSPA-97-2718 (HM-225A)] RIN 2137-AD07 but not a special permit. Section 177. 834 ( i) (2) of the HMR states that ' 'a motor carrier who transports hazardous materials by cargo tank must ensure that the cargo tank is attended by a qualified person at all times during unloading.'' Section 177.834 (i) (3) states that ''a person 'attends' the loading or unloading of a cargo tank ifr throughout the processr he is awaker has an unobstructed v~ew of the cargo tankr and is within 7.62 meters (25 feet) of the cargo tank.'' Question: Does a qualified person, supervising the (un)loading process of liquefied gas by video surveillance, satisfy the requirement of section 177.834(i) (2) oft he HMR provided a breakaway coupling is installed that can either be activated by a pull force (passive) or remotely by an actuator (active)? 1 ------··· --------#

Page 3In this day and age you do not want the physical presence of an operator within 7.62m (25 ft) from a cargo tank. Instead, you want to keep the people out of harms way and today's automation of video surveillance combined with active (remote control) and passive (trigger by pull) allows you to do just that. An emergency breakaway coupling covers both, active and passive intervention without exposing operators to a potentially harmful chemical. The Chlorine Institute has addressed the issue in the newest update of Pamphlet 57 - see attached literature. Kind regards, Alex Dr. Alex von Keitz ARTA Group Inc. 4801 Woodway Dr. 300E Houston, TX 77056 Tel + 1-713-964-2616 Fax+1-800-934-3178 (Toll-free) Cell+ 1-215-264-3364 avkeitz(a)arta-us.com www.arta-gmbh.de CONFIDENTIALITY NOTICE: The infom1ation in this e-mail, including any attachment, is confidential and may be legally privileged. This e-mail is intended solely for the addressee. If you are not the addressee, dissemination, copying or other use of this e-mail or any of its content is strictly prohibited and may be unlawful. If you are not the intended recipient please inform the sender immediately and destroy the e-mail and any copies. E-mails and unencrypted attachments are scanned for all known viruses. Always scan e-mail attachments for viruses before opening them. All liability for viruses is excluded to the fullest extent permitted by law. Any views expressed in this message are those of the_individual sender. 2#