Girard Equipment, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, D.C. 20590 ipeline and Hazardou Administration aterials Safet DEC 1 5 2015 Mr. Glen Harm Engineering Manager Girard Equipment, Inc. 4360 Old Dixie Highway Vero Beach, FL 32967 Reference No. 15-0099 Dear Mr. Harm: This 1s in response to your May 8, 2015 e-mail and letter, and October 23, 2015 telephone conversation with a member of my stati requesting claritication of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the marking of pressure relief devices (PRDs) for Department of Transportation (DOT) Specification 407 cargo tanks. You state your company uses the following marks to identify the four PRD models it manufactures for DOT Specification 407 cargo tanks: • DOT 407 Pressure Relief Vent for MAWP 25, • DOT 407 Pressure Relief Vent for MAWP 30, • DOT 407 Pressure Relief Vent for MAWP 35, and • DOT 407 Pressure Relief Vent for MAWP SP (special setting). You ask if the model numbers your company marks on the PRDs it manufactures comply with the marking requirements for these devices as prescribed in § 178.345-10(h). The answer is yes. The HMR do not define the wording "model number" nor specify what information a model number must contain. Therefore, it is the opinion of this Office that a model number for a PRD must be sufficiently distinct for a company to distinguish one of its PRD models from another. It is also the opinion of this Office that the model numbers you provided meet this criterion. I hope this satisfies your request. Sincerely, TAlerin T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Edmonson 178.345,10 Dodd, Alice (PHMSA) Markins of fressure Delief From: Betts, Charles (PHMSA) 15-0099 Sent: To: Wednesday, May 20, 2015 12:12 PM Subject: Hazmat Interps FW: Request for Interpretation Attachments: FMCSA DATAQ.pdf; PUC reply to Grammer.pdf; Letter to PHMSA for Clarification of 49CFR178.345-10(h).pdf fyi From: Glen Harm [mailto:GHarm@girardequip.com] To: Betts, Charles (PHMSA) Sent: Wednesday, May 20, 2015 12:11 PM Subject: RE: Request for Interpretation Mr. Betts, Attached is a letter stating Girard Equipment's response to a letter filed by Mr. Shelton. Mr. Shelton had previously requested a Letter of Interpretation for Marking of Pressure Relief Vents. At your convenience, and when you have had time to review the attachments, I would appreciate an opportunity to discuss this situation via the telephone. There is just so much that can be written in a letter versus a 5 minute phone call can thoroughly explain the details behind the letter. Regards, Glen Harm Engineering Manager Girard Equipment Inc 4360 Old Dixie Hwy Vero Beach, FL 32967 Phone: 908-862-6300 x2044 Cell: 772.626 5625 Sent: Friday, May 08, 2015 11:26 AM From: charles.betts@dot.gov [mailto: charles.betts@dot.gov] To: shelton10104@gmail.com bmccown@mccownpc.com Cc: tom.forbes@puc.state.oh.us; shorty@grammerindustries.com; Glen Harm; arthur.fleener@dot.gov; Subject: RE: Request for Interpretation Got it. Thanks From: Danny Shelton Sent: Friday, May 08, 2015 10:47 AM 1#

Page 3To: Betts, Charles (PHMSA) Subject: Request for Interpretation Cc: 'Forbes, William'; shorty@grammerindustries.com; 'Glen Harm'; Fleener, Arthur (FMCSA); 'Brigham A. McCown' Mr. Betts, sorry for the confusion, attached are the supporting documents that were used for this interpretation request. Regards The information in this email is confidential and may be legally privileged. If you are not the intended recipient, you must not read, use or disseminate the information. Although this e-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Girard Equipment Inc, for any loss or damage rising in any way from its use. 2#

Page 4GIRARD EQUIPMENT USA Specialist For The Tank Transportation Industry Since 1952 Mr. Charles Betts Director, Office of Hazardous Materials Standards U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration East Building, 2nd Floor, Mail Stop E21-317 1200 New Jersey Ave. SE Washington, DC 20590 Dear Mr. Betts, Girard Equipment has received a request for interpretation of the Marking Requirements of Pressure Relief Devices in 49CFR 178.345-10(h) that was filed by Mr. Daniel Shelton of Hazmat Resources Inc. This is in reference to a citation Vickery Transportation obtained during a roadside inspection conducted by the Public Utilities Commission of Ohio, PUCO. Girard Equipment has designed and manufactured DOT 407 Pressure Relief Devices for Cargo Tanks since the 1990's. We feel a status quo has been established within the Cargo Tank Pressure Relief Vent industry, whereby the United States Cargo Tank Industry knows the Girard model "DOT 407 Pressure Relief Vent." During the last 25 years, there have not been any citations for improper marking. We kindly ask that your office expeditiously make a ruling on the matter of marking pressure relief vents. Title 49 CFR 178.345-10(h) specifies: Each pressure relief device must be permanently relief device model must be successfully flow capacity certification tested prior to first use. Devices having one design, size and set pressure are considered to be one model." Girard Equipment Inc. has prepared an Engineering Technical Bulletin that illustrates how the required information is clearly and permanently marked on all of our DOT 407 "DOT 407 Pressure Relief Vent for MAWP 25." We make 4 models: Pressure Relief Vents. In our Technical Bulletin, please note that the model number is 1. DOT 407 Pressure Relief Vent for MAWP 25 2. DOT 407 Pressure Relief Vent for MAWP 30 3. DOT 407 Pressure Relief Vent for MAWP 35 We are at a loss as to the confusion Mr. Shelton believes exists. Although we do not 4. DOT 407 Pressure Relief Vent for MAWP SP (the SP signifies special setting) 4360 Old Dixie Hwy • Vero Beach, FL 32967 • (800) 526-4330 Florida • Illinois • New Jersey • Texas • China • Netherlands • UK#

Page 5GIRARD EQUIPMENT USA Specialist For The Tank Transportation Industry Since 1952 specifically use the words "model number" on our rating disc, the cargo tank industry has always recognized this as our model number. Mr. Shelton did not contact any technical person at Girard Equipment, as his letter indicated, requesting Girard to identify the model number on the pressure vent cited in Ohio. In fact, the pressure vent section of the Girard website simply states that there are 4 different model numbers offered. Mr. Shelton also states that the competent authority would need to identify the "connection," i.e. thread or flange. The mounting arrangement of the vent does not affect the flow rate. The regulation does not stipulate the connection type, only the size. Girard Equipment interprets the size to mean the inlet bore size of the pressure relief vent. In reality, the inlet bore size is what affects the flow rate and that flow rate is permanently stamped on the pressure vent. Whether the vent has Teflon coating or a Kalrez O-ring is also irrelevant to the inspection process. This is why the regulation was written with the word "model" instead of "part." I have discussed this issue with Mr. Shelton numerous times, yet he remains confused with this situation. All tank builders and motor carriers understand and use the Girard model number system without reservation. The Director of Safety and Training for Grammer Industries, Inc., Mr. George Gerth, and Vickery Transportation, its subsidiary, have requested to have this citation removed via Ohio Public Utilities Commission. However, PUCO has stated that they will need an interpretation by PHMSA. Girard is requesting an expeditious interpretation from your department to clear the impeccable safety record at Vickery Transportation. Please see attachments. Girard Equipment has a long track record of working with regulators at PHMSA and admires the work that is done by them to keep our nation safe. We have great respect for the process of rulemaking and truly appreciate the even-handed approach to hearing all stakeholders when writing regulations. If PHMSA truly wanted a part number to be the regulation. marked on a valve, then we would certainly comply. However, that is not what is stated in Glen Harm sen Harm Engineering Manager Girard Equipment, Inc. 4360 Old Dixie Hwy. Vero Beach, FL 32967 www.girardequip.com 4360 Old Dixie Hwy • Vero Beach, FL 32967 • (800) 526-4330 Florida • Illinois • New Jersey • Texas • China • Netherlands • UK#

Page 6DRIVERIVEHICLE EXAMINATION REPORT Report Number: OH3207302165 Ohio Inspection Date: Time Started: 16:08 4/30/2015 Certification Date: Inspection Level: II- Walk-Around Time Ended: 16:38 HM Inspection Type: Bulk Inspection VICKERY TRANSPORTATION INC 3956 STATE ROUTE 412 License #: Driver: SCHEUFLER, CHRISTOPHERA VICKERY, OH 43464 Date of Birth: 5/30/1963 RJ526622 State: OH USDOT#: 00978059 MC/MX #: 416055 Phone #: Fax#: (812)378-3364 State #: Location: ROADSIDE Highway: US 33 MilePost: 4 County: HOCKING Destination: Origin: VICKERY, OH BRISTOL, VA Bill of Lading: 006460446FLE Shipper: AZZ GALVANIZING BRISTOL Cargo: HAZ MAT & GENERAL FREIGHT VEHICLE IDENTIFICATION: Unit Type Make Year State 2 ST CMPT 2014 IN 1 TT PBT 2015 IN. License# 1161628 Equipment ID Z33600 613V 214 Unit VIN GVWR CVSA# 1XPBD49X5FD256140 CVSA Issued # OOS Stkr.# 2C9LTA2B4EB075664 55,000 52,000 BRAKE ADJUSTMENTS: No brake measurements recorded. VIOLATIONS: 178.345-10 Vio Code 178.345-10 Section Unit OOs State Citation 2 N Number Verify* Crash Violation Description N N DO7406/407412 Pressure Relief- Girrard PRD not marked with * N- Non-OOS or Driver OOS Violation model number as required. by 178.345-10(h) HazMat: 8 Corrosive Material, Placard: Yes Cargo Tank: 412 Special Checks: Alcohol/Controlled Substance Check Size and Weight Enforcement Conducted by Local Jurisdiction Traffic Enforcement Drug Interdiction Search PASA Conducted Inspection PBBT Inspection 7 Post Crash Inspection ]EScreening Arrests: spection Notes: USSP - 1 HM Placarded vehicle. it was a Comptank operating under a SP from PHMSA. Driver had SP with Him, Driver using E copy of regulation and inspection. d everything in order. DOT 412 vehicle with Girrard Pressure Relief Device (PRD) it was not marked with the Model number as required. Driver giv Special Study Fields: Special Studyt: Special Studyz: Special Study6: Special Study3: Special Study7: Special Studys: Special Study4: Special Studys: Special Study5: Special Study 10: Locally Defined Fields: Weight A: 1 TT;RQ (A): Y;HW (A): Y; For-Hire Carrier: Y; Driver Address: 2668 CR 290;Driver City: VICKERY; Driver State: OH; Driver Zip: Placards Displayed (Y/N): Y;Loaded by Carrier (Y/N): Y;Ship Doc Prep by Shipper(Y/N): Y; Haz Class A: 8;ID # A: UN1789; Packing Group A: II;Gross Safety Permit Verified (YIN): N 43464; Photos Taken (Y/N): Y; Reason Code: USSP; FMCSA Credentials Verified-Y/N: N;CDL Verified (YIN): Y; FMCSA OOS Order Issued(Y/N): U;HN WT Forbes Report Prepared By: 3207 Badge # Copy Received By: SCHEUFLER, CHRISTOPHER A Page 1 of 2 0H3207302165#

Page 7DRIVERIVEHICLE EXAMINATION REPORT Report Number: OH3207302165 Ohio Time Started: Inspection Date: 4/30/2015 Certification Date: Inspection Level: 1II- Walk-Around 16:08 Time Ended: 16:38 HM Inspection Type: Bulk Inspection VICKERY TRANSPORTATION INC 3956 STATE ROUTE 412 Driver: SCHEUFLER, CHRISTOPHER A VICKERY, OH 43464 License #: RJ526622 State: OH USDOT #: 00978059 Date of Birth: 5/30/1963 MC/MX #: 416055 Phone #: Fax #: (812)378-3364 State #: All violations of the FHMR and FMCSR or Title 49 of the Ohio Revised Code will be reviewed by the PUCO's Transportation Department to determine i civil forfeitures are assessed, you will receive a separate notice by mail. These penalties may be assessed to motor carriers, shippers, and/or drivers hetner civil forfeitures should be assessed against any responsible parties in accordance with the penalty provisions of Title 49 of the Ohio Revised Code TENTION DRIVER: This report must be sent to the motor carrier whose name appears at the top of this inspection report within 24 hours. If ti spection report cannot be delivered within 24 hours the driver must mail or fax the inspection report to the motor carri a total of $10,000. If you have any questions, please contact (614) 466-0429. MOTOR CARRIER CERTIFICATION OF COMPLETED REPAIRS: The undersigned certifies that all violations noted on this report have been corrected and action taken to assure compliance with the Federal Motor Carrier Safety & Hazardous Materials Regulations insofar as they are applicable to motor carriers and drivers. A false certification of repairs is required to be prosecuted with penalties up to $10,000. Signature of Carrier Official: Title: Date: Failure to return this report with the required certification can result in penalties up to $1,000 per day for each day the violation continues, up to a total of $10,000. Signature of Repairer: X Facility: Date: WT Forbes Report Prepared By: 3207 Badge #: Copy Received By: SCHEUFLER, CHRISTOPHER A Page 2 of 2 0H3207302165#

Page 8U.S. Depariment of Transportation CONTACT US | FMCSA.GOV | FMCSA PORTAL | DOT.GOV Federal Motor Carrier Safety Administration DataQs Search All FMCSA Sites DataQs Home! Help Center Help Center MyDataOs: Instructions, FAQs and other Detailed view of ID # 1320712 this website materials to help you navigate 1) CREATE PDF Date Entered: 5/8/2015 Type: Inspection - Incorrect Information User Guide & Manual - Status: Closed - No Data Correction Made Assigned to Agency: OH PUC practical: Federa L Requestor Profile Name: Carrier) George Gerth (Validated Motor U.S. DOT #: 9780597. Email Address: george@grammerindustries.com Company/Agency Name: Vickery Transportation, Inc. Phone: 812-378-3364 Address: 5280 North Warren Dr. Fax Number: 812-378-3365 City/State/Zip: Columbus, IN 47203 ID Detailed Information from Inspection Record Report State:* Ohio Report Number: * 3207302165 Date (MM/DD/YYYY):* 4/30/2015 Time (HH:MM AM/PM): 1608 City/Location: VICKERY County: HOCKING Reporting Officer ID: 3207 Ley Carrier Information from inspection Record Carrier Name: * VICKERY TRANSPORTATION INC U.S.DOT#: 978059 " Address (Line 1): 3956 STATE ROUTE 412 MC/MX#: Address (Line 2): State: Ohio Country: United States City: VICKERY Zip: 43464 L Driver Information from inspection Record I 111 Driver Name: . Scheufler, Christopher A E Explanation of Request for Data Review 1 4 1 • 0/ Where did you view the information you want reviewed?: Explanation: Inspection Report With all due respect Vickery Transportation requests that violation 178.345-10(h) be removed from our FMCSA profile. We feel this with four items and the valve in question, Girard Model DOT-407, meets all four requirements, please see attachments. The vale is violation was incorrectly accessed. The regulation, section 178.345-10(h), page 172 requires that a pressure relief valve be marked Rated flow capacity, in SCH at the rating pressure, in psig: See attachments. Again Vickery Transportation feels the violation was marked with (1) Manufactures' name: Girard Equipment Inc. (2) Model Number: DOT-407, (3) Set pressure, in psig: 30 PSIG, (4) Attachments: Copy of Inspection DOT Inspection with pictures of valve, CFR-2011-title49-vol3-sec178-345-10, Girard DOT-407 unfairly accessed and requests the violation be removed from our FMCSA profile. Thank you for your consideration in this matter. Valve, Markings of Pressure Rellef Valve, Girard DOT407-Pressure Relief Vent. @ Supporting Documents ... The following files have been uploaded for submission Daloaded Document Name •Content Size 5/12/2015 3207302165.pdf 3207302165 application/odf 71422 Type W (bytes):#

Page 95/8/2015 Valve.pdf Girard DOT-407 Valve Markings of Pressure Relief Girard Valve application/pdf 190983 5/8/2015 CFR-2011-ttle49-vol3-sec178-345-10.pdf 178.345-10 5/8/2015 DOT Inspection with picture of valve.odf (h) application/pdf 158738 Inspection application/pdf 2950771 Response List Forward e Add Rosponse/ Documentation E Entered By Ronald Swegheimer (OH PUC) Response Date 5/13/2015 Status Prior to Response Open - In Raview Status Changed to Closed - No Data Correction Made Phone Number 7405844388 (PHMSA) for determination if the valve markings meets the regulatory requirements. If PHMSA determines the valve markings meet the We do not believe the valve markings meet the requirement. A request for interpretation has been submitted to the Competent Authority requirements we will delete the violation from the inspection report. Entered By Kelly Selzer (OH PUC) Response Date 5/12/2015 Status Changed to Open - In Review Phone Number 6144660429 for resclution Status Prior to Response Forwarded to another office • Inspection report uploaded. Under review by PUCO Enforcement. 3207302165 (3207302165.pdf) has been uploaded Response Date 5/11/2015 Phone Number 6147524882 Entered By James Feddern (OH SP) resolution Status Changed to Forwarded to another office for Status Prior to Response Open - in Review Forwarded to PUCO. Feedback | Privacy Policy | USA.gov | Freedom of Information Act (FOIA) | Accessibility | OG Hotline | Web Policies and Important Links | Site Map | Plug-ins 00 New Jersey Avenue SE, Washington, DC 20590 • 1-800-832-5660 • TTY: 1-800-877-8339 • Field Office Conta ederal Motor Carrier Safety Administrati#

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