Howard Sheppard, 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 FEB 1 1 2016 Mr. Michael Kitchens Howard Sheppard, Inc. P.O. Box 797 Sandersville, GA 31082 Ref. No. 15-0063 Dear Mr. Kitchens: This is a response to your March 2 7, 2015 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) with regard to the closures of packagings. Specifically, you request clarification whether loading and unloading equipment (i.e. the hose and hose tray) that is unattached to a DOT specification cargo tank is considered a packaging and thus required to meet the closure requirements in § 173 .24(f)(l ). In your letter, you state that during a commercial motor vehicle inspection you were issued a violation due to material leaking from a hose, which is used to load and unload product, into a hose tray used to store the hose on the vehicle. In this scenario, the vehicle was a DOT Specification 407 cargo tank transporting "UNI 830, Sulfuric Acid." It is the opinion of this Office that the unattached hose used for loading and unloading of hazardous materials and the hose tray used to hold that hose during transportation are not considered a packaging. As defined in § 171.8, a packaging means a receptacle and any other components or materials necessary for the receptacle to perform its containment function in conformance with the minimum packing requirements of the HMR. Therefore, this equipment is not subject to the packaging closure requirements in§ 173.24(f)(l). I hope this information is helpful. If you have any more questions, please do not hesitate to contact this office. s~1~/~~ ~~r Chief, Standards Development Standards and Rulemaking Division#

Page 2Goodall, Shante CTR (PHMSA) From: Sent: To: Subject: Attachments: Ciccarone, Michael CTR (PHMSA) Friday, March 27, 2015 2:50 PM Hazmat Interps FW: Interpertation of Hazrdous Materials Regulations Request Interpertation Letter.pdf; DataQs_Request_996304.pdf; Inspection report.pdf; IMG_ 0066.JPG; IMG_0065.JPG Shante/ Alice, Please submit this for a formal letter of interpretation. Thanks, Mike From: Michael Kitchens [mailto:mkitchens@howardsheppard.com] Sent: Friday, March 27, 2015 9:35 AM To: PHMSA HM InfoCenter Subject: Interpertation of Hazrdous Materials Regulations Request I have attached a letter for an official interpretation ofthe Hazardous Materials Regulations as it pertains to cargo tanks and packagings. I have also attached a copy of the inspection report showing the violation of the regulation and the Data Q challenge and response that I am requesting the interpretations on. I have attached two photos that show the hoses and hose tray, the hoses were in the tray at the time of inspection. Michael Kitchens Safety Director P.O. Box 797; Sandersville, Georgia 31082 Office: 478-552-5127 Ext.1270 Toll Free: 800-846-1726 Cell: 478-357-2302 Email: mkitchens@howardsheppard.com 1#

Page 3Michael Kitchens, Safety Director PO Box 797 ·Sandersville. GA 31082 (478) 552-5127 Ext. 1270 Cell: (478) 357-2302 E-Mail-mkitchens@howardsheppard.com U.S. DOT PHMSA Office of Hazardous Materials Standards Attn: PHH-10 East Building 1200 New Jersey Avenue, SE. Washington, DC 20590-0001 Re: Interpretation of the Hazardous Materials Regulations 173.24(f)(l) as it pertains to a 407 Cargo Tank. Dear Sir/Madam: We received a commercial vehicle inspection on February 25, 2015 in South Carolina by the South Carolina State Transport Police and were issued a violation for 173 .24( f) ( 1 ). The violation stated "Trailer-closures for packagings must not be open or leaking (leaking from fill hoses in side of trailer)". Our driver was placed out of service for this violation. I would also like to mention the fact that it was raining and that the officer never tested the liquid to confirm if it was product or rain water. We also applied neutralizer to the area where the product was reported to have leaked and there was no reaction. The product we were transporting at the time of inspection was Sulfuric Acid, UN1830. The product was being transported in a 407 Cargo Tank. I submitted a Data Q and requested the violation be removed. On March 18, 2015 I received a reply from the South Carolina State Transport Police denying the challenge. Their reply was that, "when the hose leaks into the tray, the tray becomes the package and can not leak". The hose tray is designed with drain holes and a drain pipe to allow it to drain. I have attached copies of the original inspection report, the Data Q, the response from SC State Transport Police, and photographs. I have two questions I would like an official interpretation on to assist me in this manner. Question# 1 Is a hose used for loading and unloading product which is not attached to the cargo tank it self, but is laying in a hose tray on the side of the trailer considered a package requiring closures under CFR 173 .24(f)(1 )?#

Page 4Question# 2 Is the tray which is attached to the side of the trailer and designed to store hoses considered a package under the Hazardous Materials Regulations? I would appreciate any assistance you could provide in this matter with interpreting the cited regulation. If this is in fact a violation, we may need to review our procedures for transporting hoses in a hose tray. Regards, ~-----. Michael Kitchens, Safety Director .#

Page 5State Transport Police PO Box1993 http:llwww.scdps.org -- http://fmcsa.dot.g · Blythewood, sc 29016 Phone: (803)896·5500 Fax: (803)896..S526 Report Number: SCM255001151 Inspection Date: 02/2512015 Start: 1 :20:00 PM ET End: 3:07:24 PM ET Inspection Level: II - Walk-Around HM Inspection Type:Bulk HOWARD SHEPPARD IN0 755 WACO DRIVE State: GA SANDERSVILLE, GA 31082-0797 USOOT#:Oo092818 . Phone#: (478)552-5127 MC/IViX#: 133920 Fax#: State: State#: Location: 1-95 NB DORCHESTER COUNTY Highway: County: DORCHESTER, SC Driver: TANNER, GARY J License#: 0045£:)27 50 Date of Birth: 05/05/1958 Co Driver: License#: Date of Birth: MllePost: Shipper: SOUTHERN STATES CHEMICAL Origin: SAVANNAH, GA Bill of Lading:20167306 Destination:ORANGEBURG, SC Cargo: N - HAZARDOUS MATERIALS 1 . ' . ' . '. -,~·~··=,.., !VEHICLE IOErntFICATION l . . I Unit Type Make Year State. Plate# Equipment ID VIN GVWR CVSA # CVSA Issued# 005 Sticker 11 TT IN"J:L 2015 GA.: IC13PM ! 2 ST POLA 2014 GA LE53511 1909 AT343 3HSOJAPROFN021785 52,350 1PMS34226E1043759 68,000 L~-·-·M-•·······-"c · · BRAKE ADJUSTMENTS: No Brake Measurements Required For Level 2 lvlOLATIQNS. · - ·-----·--- . ... ·----·----·· . ·····----·- ·--··---- -··-·-······· .. I . ! Vio Cooe Section Unit OOS Citation # Verify Crash Violations Discovered } 173:24F{ 173.24(f}[1) 2 Y w472234 u N TRAILER· Closures for packagings must not be open or leaking ( 1._ -......,..---··----~----- _ .. __ ·-·-·-- ___ _ __ _!:..<:,~king f!"Oin fill_l_1ose~ In side ~ft~-~) ....... Hazl\ll.at! 8 Corrosive ma!erial Placard: Yes Cargo Tank: 407 LSpecial Checks: No Data for_§picial Che~k~·-·· .. N __ , ___ • -~-~.-~.,,,.----.;-~?J State Information: COL Cheek: Y; Driver Mailing Address: PO 753; Driver City, State, Zip: SANDERSVILLE GA, 31082; Driver Race: W, Driver Sex: M; Purwant to thi> aµttiority 1:onblinttd ill Tltie 49, CFR; Section 396.9 of the Trensportlltion Rules/Regulations. I hereby delilar11 the above marked ~hicl0(1'}1driver as. ·our OF SERVICE". No poo;on shall remo\IQ tho Out or Serivce·Sttckers app~ed to these vehicles. er operate such vehicles until the out of sel\lice defects have benn repairttd and th" vehicles have been restored lo ufe openiling condidon, . . Follure lo r&lmtl)hi!ireport · e.roquWl.d cort!rt<:o • n can sultin penalties up to S1,000 per day for each day ~e ~n contin~es. up toe total of SI0.000. Slgneluro OfR1tpulrerX: Faclllty: t;;J:;.t:.d.s < cle Da:e;,.=;..1-=~-t.-==--- CARRIER CERTIFICATION: The undersigned certifies that all violations on this rttport have been eorrecled end action has been lllken to as-sure compliance "ith th& Fadera!MotorCamer Safety and H~uc ~lerial Regiilallons insor8! as th&y a10 appHoablo to motor cairi&rs and d1wers. Tills certification MUST BE SIGNED by the Motor Cam er and RETURNED WITHIN 15 dajt to t1te:·s:6Uth Carolina Stata T11111Sport Polic&, P.O. Box 1993. Blythewood. South Carolina 29016. SignlllllreOfMolor.CllrrlorX: ____________ ._ __ -'------ Title: __________ Dato:, _____ _ t Report Prepared By: ~AMILL~ / Badge#: 255#