HazMat Resources, Inc. — Hazardous Materials Safety Interpretation

Page 1President HazMat Resources, Inc. 141 Wendover Drive Kingsport, TN 37663 Reterence No. 16-0151 Dear Mr. Shelton: This letter is in response to your September 13, 2016, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the permanent installation of delivery hose assemblies on MC331 cargo tanks. You describe a scenario in which the delivery hose assembly is attached to a fitting coming from the unloading outlet while in transportation. You provide in your letter several photographs of delivery hose configurations and ask whether any of the configurations constitute non-compliance with the HMR-and specifically, which requirement. Based solely on the photographs provided, this Office cannot determine whether each configuration would comply with the HMR, except for the scenario in which the ACME fitting is clearly outside of the protective and, therefore, non-compliant. Section 178.337-10(a) states that all valves, fittings, pressure relief devices, and other accessories to the tank proper shall be protected in accordance with paragraph (b) of this section against such damage as could be caused by collision with other vehicles or objects, jack-knifing, and overturning. All fittings, including the ACME fitting, and couplings of a delivery hose assembly, but not the hose itself, on an MC331 cargo tank would be considered a fitting or other accessory to the tank. Therefore, in accordance with § 178.337-10(b), for a delivery hose assembly to remain connected to an MC331 cargo tank while in transportation, all of the fittings and couplings (1) must have a protective device or housing designed to withstand static loading in any direction equal to twice the weight of the tank and attachments when filled with the lading, using a safety factor of not less than four, based on the ultimate strength of the material to be used, without damage to the fittings protected, and (2) must be made of metal at least 3/16-inch thick. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Pen Di Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2Director, Office of Hazardous Materials Standards U.S. Department of Transportation 1 Pipeline and Hazardous Materials Safety Administration East Building, 2nd Floor Mail Stop: E21-317 1200 New Jersey Ave., SE Washington, DC 20590 Mr. Betts, Please accept this letter as an official request for an interpretation regarding the permanent installation of delivery hose assemblies on MC331 cargo tanks. Some motor carriers are leaving delivery hose assemblies attached to the Acme fitting coming from the unloading outlet on MC330 and MC331 transports. Please understand there needs to be a distinction between hose reels permanently attached to a MC330 or MC331 cargo tanks in metered delivery service with the hose reel mounted on the rear of the cargo tank motor vehicle verses a delivery hose assembly permanently attached to the unloading outlet on a pump in non-metered delivery service. Please see the attached pictures and respond to the questions associated with exhibits 1 thru 5. Regards Danil th. Shester Daniel G. Shelton President, HazMat Resources, Inc. Attachment: Pictures of delivery hose assemblies permanently attached Cc: Mr. Joseph Solomey, Assistant Chief Counsel for Hazmat Safety Mr. Tom Forbes, OPUC Mr. Arthur Fleener, HMPM, Midwest Service Center 141 WENDOVER DRIVE • KINGSPORT TN • 37663 • DSHELTON@HAZMATRESOURCES.COM 423-863-2252#

Page 3non-metered delivery service. A Smart Hose is being used to unload. Is this a violation to have the hoses permanently attached and being transported in the hose tray? If it is a violation what is the cite for this violations. These three pictures are referenced as exhibit number 1. 141 WENDOVER DRIVE • KINGSPORT TN • 37663 • DSHELTON@HAZMATRESOURCES.COM 423-863-2252#

Page 4metered delivery service. A Smart Hose is being used to unload. Is this a violation to have the hoses permanently attached and being transported in the hose tray? If it is a violation what is the cite for this violations. These three pictures are referenced as exhibit number 2. Does it make any difference that the hose assembly is actually attached to the ACME fitting inside the piping protection framework but there is not at least a 6 inch gap between the piping protection and the rigid piping? 141 WENDOVER DRIVE → KINGSPORT TN 37663 DSHELTON@HAZMATRESOURCES.COM • 423-863-2252#

Page 5non-metered delivery service. A Smart Hose is being used to unload. Is this a violation to have the hoses permanently attached and being transported in the hose tray? If it is a violation what is the cite for this violations. These three pictures are referenced as exhibit number 3. 141 WENDOVER DRIVE • KINGSPORT TN 37663 SHELTON@HAZMATRESOURCES.COM • 423-863-2252#

Page 6non-metered delivery service. A Smart Hose is being used to unload. Is this a violation to have the hoses permanently attached and being transported in the hose tray? If it is a violation what is the cite for this violations. These three pictures are referenced as exhibit number .4 Note the ACME fitting is actually outside the piping protection Here is the hose tray where the delivery hose will be transported when not in use 141 WENDOVER DRIVE KINGSPORT TN • 37663 DSHELTON@HAZMATRESOURCES.COM • 423-863-2252#

Page 7non-metered delivery service. A Smart Hose is being used to unload. Is this a violation to have the hoses permanently attached and being transported in the hose tray? If it is a violation what is the cite for this violations. These three pictures are referenced as exhibit number .5 Note the piping where the ACME fitting is actually connected is inside the piping protection but you still do not have a minimum of 6 inch clearance. Does the six inch clearance really matter if the 12 to 16 inch rigid part of the delivery hose assembly end actually extends beyond the piping protection. 141 WENDOVER DRIVE • KINGSPORT TN • 37663 • DSHELTON@HAZMATRESOURCES.COM 423-863-2252#