{"operation":"document","citation":"14-0117","title":"Arkema, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-03-23","effective_on":null,"summary":"14-0117 response to Arkema, Inc. concerning 178.345.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0117.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0117.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0117","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/140117.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMaterials Safet\nipeline and Hazardou\nAdministration\nMs. Christina Kurtz\nManager, Regulations and Packaging\nMAR 2 3 2015\nHealth, Environment and Safety\nArkema, Inc.\n900 First Avenue, Building #2\nKing of Prussia, PA 19406-1308\nRef. No. 14-0117\nDear Ms. Kurtz:\nThis responds to your June 10, 2014 request for clarification of the rear-end protection\nrequirements for cargo tanks under the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171-180). Specifically, you request clarification of rear-end tank protection\nrequirements based on the design requirements of § 178.345-8(d)(1).\nThe rear-end cargo tank protection device must be designed so that it can deflect at least 6\ninches horizontally forward with no contact between any part of the cargo tank motor vehicle\nwhich contains lading during transit and with any part of the rear-end protection device, or\nwith a vertical plane passing through the outboard surface of the protection device. If the\npiping is not in the horizontal plane of the bumper, then the 6 inch standard must be measured\nto a vertical plane passing through the outboard surface of the device. Furthermore, we\nexpressed concern regarding the drain lines from the piping in that they are clearly in the\nhorizontal plane of the bumper. Please be aware that drain lines from piping must also be in\ncompliance with § 178.345-8(d)(1):\nI hope this answers your inquiry. If you need additional assistance, please contact this Office\nat (202) 366-8553.\nSincerely,\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\n- Boothe\nDrakeford, Carolyn (PHMSA)\n$ 178.345-819\nSent:\nFrom:\nINFOCNTR (PHMSA)\nTuesday, June 10, 2014 12:34 PM\nCargo\nTanks\nSubject:\nTo:\nDrakeford, Carolyn (PHMSA)\nAttachments:\nFW: Rear End Protection for cargo tanks 178.345-8(d)\n14-0117\nCarogtankrearendprotectionsketch.pdf; Compliance with 178.345-8(d). ppt\nHi Carolyn,\nThis caller requested we submit this e-mail as a formal letter of interpretation.\nThanks,\nVictoria\nFrom: Christina KURTZ [mailto:christina.kurtz@arkema.com]\nSent: Tuesday, June 10, 2014 10:53 AM\nSubject: Rear End Protection for cargo tanks 178.345-8(d)\nTo: INFOCNTR (PHMSA)\nOne of Arkema Inc. cargo tanks was stopped by state police and given a warning. The policeman stated the rear\ndischarge pipes are less than 6\" from the rear protection. They were only 3 1/4\". Thus, claiming we violated 49CFR\n178.345-8(d).\nWe contend that we were not in violation based on the second part of 178.345-8(d)(1):\n(d) Rear-end tank protection. Each cargo tank motor vehicle must be provided with a rear-end tank protection\ndevice to protect the cargo tank and piping in the event of a rearend collision and reduce the likelihood of damage\nthat could result in the loss of lading. Nothing in this paragraph relieves the manufacturer of responsibility for\ncomplying with the requirements of § 393.86 of this title and, if applicable, paragraph (b) of this section. The\nrear-end tank protection device must conform to the following requirements:\n(1) The rear-end cargo tank protection device must be designed so that it can deflect at least 6 inches horizontally\nforward with no contact between any part of the cargo tank motor vehicle which contains lading during transit\nand with any part of the rear-end protection device, or with a vertical plane passing through the\noutboard surface of the protection device.\nPlease see attached sketch of our trailers rear end.\nPlease confirm that we are correct.\nRegards,\nChristina KURTZ\n1\n\n<<<PAGE 3>>>\n\nManager of Regulations and Packaging\nHealth, Environment, and Safety\n610-205-7417\nARKEMA\n900 First Ave.\nBuilding #2\nUSA\n19406-1308 King of Prussia, PA\nchristina.kurtz@arkema.com\nThis e-mail and any attachments is intended only for the individual(s) to whom it is addressed and\nreceived this message in error, please advise the sender by return e-mail and delete this message.\nmay contain information that is privileged, confidential, or proprietary: If you believe you have\nThank you.\n\n<<<PAGE 4>>>\n\nTHE METALS COMPANY\nCHASSiS\n(burnet\n1 Verticac PlAnte\nOutBoard SurfAce\nHorizentat\nof Protection\nForwand\nDeute\nReur Two Tank Protection Device\n178.345 - 8 (d) (1)\nyor with a vertical Done passing through\nthe out boand surface of the Protection\nDevice.\nYOUR SOURCE FOR:\nCNC MILLING\nDRILLING\nTAPPING\nSAWING\nPLASMA PUNCH\nPUNCHING\nFORMING\nSHEARING\nMITER SAWING\nCNC FLAME-CUT AND PLASMA PROFILE BURNING\nLASER\n\n<<<PAGE 5>>>\n\n\n\n<<<PAGE 6>>>\n\nMust be at least 6 inches\nVertical plane placed on the outboard surface of the\nprotection device\nEach 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\n(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\npart 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\ncollision and reduce the likelihood of damage that could result in the loss of lading....\nThe rear-end tank protection device must conform to the following requirements:\nHorizontal Plane\n178.345-8(d) Rear-end tank protection:\nthe outboard surface of the protection device.\n\n<<<PAGE 7>>>","truncated":false,"body_characters":5394}