Arkema, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, D.C. 20590 Materials Safet ipeline and Hazardou Administration Ms. Christina Kurtz Manager, Regulations and Packaging MAR 2 3 2015 Health, Environment and Safety Arkema, Inc. 900 First Avenue, Building #2 King of Prussia, PA 19406-1308 Ref. No. 14-0117 Dear Ms. Kurtz: This responds to your June 10, 2014 request for clarification of the rear-end protection requirements for cargo tanks under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request clarification of rear-end tank protection requirements based on the design requirements of § 178.345-8(d)(1). The rear-end cargo tank protection device must be designed so that it can deflect at least 6 inches horizontally forward with no contact between any part of the cargo tank motor vehicle which contains lading during transit and with any part of the rear-end protection device, or with a vertical plane passing through the outboard surface of the protection device. If the piping is not in the horizontal plane of the bumper, then the 6 inch standard must be measured to a vertical plane passing through the outboard surface of the device. Furthermore, we expressed concern regarding the drain lines from the piping in that they are clearly in the horizontal plane of the bumper. Please be aware that drain lines from piping must also be in compliance with § 178.345-8(d)(1): I hope this answers your inquiry. If you need additional assistance, please contact this Office at (202) 366-8553. Sincerely, Acting Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2- Boothe Drakeford, Carolyn (PHMSA) $ 178.345-819 Sent: From: INFOCNTR (PHMSA) Tuesday, June 10, 2014 12:34 PM Cargo Tanks Subject: To: Drakeford, Carolyn (PHMSA) Attachments: FW: Rear End Protection for cargo tanks 178.345-8(d) 14-0117 Carogtankrearendprotectionsketch.pdf; Compliance with 178.345-8(d). ppt Hi Carolyn, This caller requested we submit this e-mail as a formal letter of interpretation. Thanks, Victoria From: Christina KURTZ [mailto:christina.kurtz@arkema.com] Sent: Tuesday, June 10, 2014 10:53 AM Subject: Rear End Protection for cargo tanks 178.345-8(d) To: INFOCNTR (PHMSA) One of Arkema Inc. cargo tanks was stopped by state police and given a warning. The policeman stated the rear discharge pipes are less than 6" from the rear protection. They were only 3 1/4". Thus, claiming we violated 49CFR 178.345-8(d). We contend that we were not in violation based on the second part of 178.345-8(d)(1): (d) Rear-end tank protection. Each cargo tank motor vehicle must be provided with a rear-end tank protection device to protect the cargo tank and piping in the event of a rearend collision and reduce the likelihood of damage that could result in the loss of lading. Nothing in this paragraph relieves the manufacturer of responsibility for complying with the requirements of § 393.86 of this title and, if applicable, paragraph (b) of this section. The rear-end tank protection device must conform to the following requirements: (1) The rear-end cargo tank protection device must be designed so that it can deflect at least 6 inches horizontally forward with no contact between any part of the cargo tank motor vehicle which contains lading during transit and with any part of the rear-end protection device, or with a vertical plane passing through the outboard surface of the protection device. Please see attached sketch of our trailers rear end. Please confirm that we are correct. Regards, Christina KURTZ 1#

Page 3Manager of Regulations and Packaging Health, Environment, and Safety 610-205-7417 ARKEMA 900 First Ave. Building #2 USA 19406-1308 King of Prussia, PA christina.kurtz@arkema.com This e-mail and any attachments is intended only for the individual(s) to whom it is addressed and received this message in error, please advise the sender by return e-mail and delete this message. may contain information that is privileged, confidential, or proprietary: If you believe you have Thank you.#

Page 4THE METALS COMPANY CHASSiS (burnet 1 Verticac PlAnte OutBoard SurfAce Horizentat of Protection Forwand Deute Reur Two Tank Protection Device 178.345 - 8 (d) (1) yor with a vertical Done passing through the out boand surface of the Protection Device. YOUR SOURCE FOR: CNC MILLING DRILLING TAPPING SAWING PLASMA PUNCH PUNCHING FORMING SHEARING MITER SAWING CNC FLAME-CUT AND PLASMA PROFILE BURNING LASER#

Page 6Must be at least 6 inches Vertical plane placed on the outboard surface of the protection device Each cargo tank motor vehicle must be provided with a rear-end tank protection device to protect the cargo tank and piping in the event of a rear-end (1) The rear end cargo tank protection device must be designed so that it can deflect at least 6 inches horizontally forward with no contact between any part of the cargo tank which contains lading during transit and with any part of the rear-end protection device, OR with a vertical plane passing through collision and reduce the likelihood of damage that could result in the loss of lading.... The rear-end tank protection device must conform to the following requirements: Horizontal Plane 178.345-8(d) Rear-end tank protection: the outboard surface of the protection device.#