{"operation":"document","citation":"16-0151","title":"HazMat Resources, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-03-03","effective_on":null,"summary":"16-0151 response to HazMat Resources, Inc. concerning 178.337.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0151.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0151.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0151","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/160151.pdf","body":"<<>>\n\nPresident\nHazMat Resources, Inc.\n141 Wendover Drive\nKingsport, TN 37663\nReterence No. 16-0151\nDear Mr. Shelton:\nThis letter is in response to your September 13, 2016, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the permanent\ninstallation of delivery hose assemblies on MC331 cargo tanks. You describe a scenario in\nwhich the delivery hose assembly is attached to a fitting coming from the unloading outlet while\nin transportation. You provide in your letter several photographs of delivery hose configurations\nand ask whether any of the configurations constitute non-compliance with the HMR-and\nspecifically, which requirement.\nBased solely on the photographs provided, this Office cannot determine whether each\nconfiguration would comply with the HMR, except for the scenario in which the ACME fitting is\nclearly outside of the protective and, therefore, non-compliant. Section 178.337-10(a) states that\nall valves, fittings, pressure relief devices, and other accessories to the tank proper shall be\nprotected in accordance with paragraph (b) of this section against such damage as could be\ncaused by collision with other vehicles or objects, jack-knifing, and overturning. All fittings,\nincluding the ACME fitting, and couplings of a delivery hose assembly, but not the hose itself,\non an MC331 cargo tank would be considered a fitting or other accessory to the tank. Therefore,\nin accordance with § 178.337-10(b), for a delivery hose assembly to remain connected to an\nMC331 cargo tank while in transportation, all of the fittings and couplings (1) must have a\nprotective device or housing designed to withstand static loading in any direction equal to twice\nthe weight of the tank and attachments when filled with the lading, using a safety factor of not\nless than four, based on the ultimate strength of the material to be used, without damage to the\nfittings protected, and (2) must be made of metal at least 3/16-inch thick.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nPen Di\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nDirector, Office of Hazardous Materials Standards\nU.S. Department of Transportation\n1\nPipeline and Hazardous Materials Safety Administration\nEast Building, 2nd Floor\nMail Stop: E21-317\n1200 New Jersey Ave., SE\nWashington, DC 20590\nMr. Betts,\nPlease accept this letter as an official request for an interpretation regarding the permanent\ninstallation of delivery hose assemblies on MC331 cargo tanks. Some motor carriers are\nleaving delivery hose assemblies attached to the Acme fitting coming from the unloading outlet\non MC330 and MC331 transports. Please understand there needs to be a distinction between\nhose reels permanently attached to a MC330 or MC331 cargo tanks in metered delivery service\nwith the hose reel mounted on the rear of the cargo tank motor vehicle verses a delivery hose\nassembly permanently attached to the unloading outlet on a pump in non-metered delivery\nservice.\nPlease see the attached pictures and respond to the questions associated with exhibits 1 thru 5.\nRegards\nDanil th. Shester\nDaniel G. Shelton\nPresident, HazMat Resources, Inc.\nAttachment: Pictures of delivery hose assemblies permanently attached\nCc:\nMr. Joseph Solomey, Assistant Chief Counsel for Hazmat Safety\nMr. Tom Forbes, OPUC\nMr. Arthur Fleener, HMPM, Midwest Service Center\n141 WENDOVER DRIVE\n• KINGSPORT TN • 37663 • DSHELTON@HAZMATRESOURCES.COM 423-863-2252\n\n<<>>\n\nnon-metered delivery service. A\nSmart Hose is being used to unload.\nIs this a violation to have the hoses\npermanently attached and being\ntransported in the hose tray? If it is a\nviolation what is the cite for this\nviolations. These three pictures are\nreferenced as exhibit number 1.\n141 WENDOVER DRIVE • KINGSPORT TN • 37663 • DSHELTON@HAZMATRESOURCES.COM\n423-863-2252\n\n<<>>\n\nmetered delivery service. A Smart\nHose is being used to unload. Is this\na violation to have the hoses\npermanently attached and being\ntransported in the hose tray? If it is a\nviolation what is the cite for this\nviolations. These three pictures are\nreferenced as exhibit number 2.\nDoes it make any difference that the\nhose assembly is actually attached to\nthe ACME fitting inside the piping\nprotection framework but there is not\nat least a 6 inch gap between the\npiping protection and the rigid\npiping?\n141 WENDOVER DRIVE →\nKINGSPORT TN 37663 DSHELTON@HAZMATRESOURCES.COM • 423-863-2252\n\n<<>>\n\nnon-metered delivery service. A\nSmart Hose is being used to unload.\nIs this a violation to have the hoses\npermanently attached and being\ntransported in the hose tray? If it is a\nviolation what is the cite for this\nviolations. These three pictures are\nreferenced as exhibit number 3.\n141 WENDOVER DRIVE •\nKINGSPORT TN 37663 SHELTON@HAZMATRESOURCES.COM\n•\n423-863-2252\n\n<<>>\n\nnon-metered delivery service. A\nSmart Hose is being used to unload.\nIs this a violation to have the hoses\npermanently attached and being\ntransported in the hose tray? If it is a\nviolation what is the cite for this\nviolations. These three pictures are\nreferenced as exhibit number .4\nNote the ACME fitting is actually\noutside the piping protection\nHere is the hose tray where the delivery\nhose will be transported when not in use\n141 WENDOVER DRIVE\nKINGSPORT TN • 37663 DSHELTON@HAZMATRESOURCES.COM • 423-863-2252\n\n<<>>\n\nnon-metered delivery service. A\nSmart Hose is being used to unload.\nIs this a violation to have the hoses\npermanently attached and being\ntransported in the hose tray? If it is a\nviolation what is the cite for this\nviolations. These three pictures are\nreferenced as exhibit number .5\nNote the piping where the ACME\nfitting is actually connected is inside\nthe piping protection but you still do\nnot have a minimum of 6 inch\nclearance. Does the six inch\nclearance really matter if the 12 to 16\ninch rigid part of the delivery hose\nassembly end actually extends\nbeyond the piping protection.\n141 WENDOVER DRIVE • KINGSPORT TN • 37663 • DSHELTON@HAZMATRESOURCES.COM 423-863-2252","truncated":false,"body_characters":6148}