Smart-Hose Technologies — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 May 26, 2020 Mr. Daylen Borders Sales Engineer Smart-Hose Technologies 701 Ashland Avenue Folcroft, PA 19032 Reference No. 19-0122 Dear Mr. Borders: This letter is in response to your October 16, 2019, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to hoses equipped with safety devices that permit a cargo tank motor vehicle (CTMV) to be loaded and unloaded without full time attendance by a qualified person during loading operations. You explain that your company engineers and manufactures specialized hoses, such as those described in Department of Transportation Special Permits (DOT-SPs) 13484 and 14447. Specifically, you ask whether the final rule issued under Docket No. PHMSA-2013-0042 (01/21/2016, 81 FR 3636) (HM-233F), “Hazardous Materials: Adoption of Special Permits,” eliminates the need for these special permits by adopting the language they contain into the HMR. The answer is yes. The HM-233F final rule amended § 177.834(i)(3) and (i)(4) of the HMR to permit loading or unloading “attendance” of a CTMV through the use of hoses equipped with cable connected wedges, plungers, or flapper valves located at each end of the hose that can stop the flow of product from both the source and the receiving tank within one second without human intervention in the event of a hose rupture, disconnection, or separation. These amended paragraphs also prescribe inspection requirements and operational controls for use of these hoses.#

Page 2The amendments to § 177.834(i)(3) and (i)(4) do not affect the requirements in § 176.76(i) for cargo transport units packed or loaded with Division 2.1 (flammable) gas or Class 3 (flammable) liquid having a flashpoint below + 23 °C transported on deck. Additionally, § 177.840(p) prescribes the requirements to unload liquefied petroleum gas and anhydrous ammonia in metered delivery service and does not include a reference to the type of hoses in DOT-SPs 13484 and 14447. The description in § 177.834(i)(3)(i) of a qualified person attending a cargo tank loading or unloading operation does not apply to cargo tank loading or unloading requirements in §§ 177.840(p) or (q) or 177.837(d). I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 3Dodd, Alice (PHMSA) I q -0 I c l Q From: INFOCNTR (PHMSA) Sent: To: Subject: Wednesday, October 16, 2019 2:56 PM Hazmat lnterps FW: Request for Letter of Interpretation (LOI) regarding 49 CFR 176.67(i), 49 CFR 177.834(i) and 49 CFR 177.840(p) and HM-233F Attachments: DB Smart-Hose Technologies Product Overview.pdf Hello Alice and lkeya, Please see below for letter of interpretation request. The requester spoke with Sarah in the HMIC. We informed him that the special permits he was looking at were being included in the NPRM HM-233F that was recently published and that the final rule has not come out yet. He wanted to move forward with this LOI request for his specific technology that he uses. Also, please note, I got in contact with him, he cited 176.67(i) but actually meant to type 176.76(i). Please contact our office with any questions. Thanks, Kathryn, HMIC From: Daylen Borders [mailto:dborders@smarthose.com] Sent: Wednesday, October 16, 2019 2:04 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Cc: sales <sales@smarthose.com>; Bill Horan <bhoran@smarthose.com> Subject: Request for Letter of Interpretation (LOI) regarding 49 CFR 176.67(i), 49 CFR 177.834(i) and 49 CFR 177.840(p) and HM-233F To Whom it may concern: I am writing on behalf of my employer, Smart-Hose Technologies (Zena Associates LLC) to request a Letter of Interpretation concerning 49 CFR 176.67(i), 49 CFR 177.834(i) and 49 CFR 177.840(p) and the recent proposed ruling HM-233F. Smart-Hose Technologies engineers and manufacturers specialized hoses of the type referenced in Special Permits 13484 and 14447 (hoses with cable connected flappers on each end to stop flow in the event of hose failure). It is our understanding that the recent ruling "HM-233F Hazardous Materials: Adoption of Special Permits" will in the near future obviate the need for the special permits above, as there will be language incorporated into the DOT regulations that will allow the use of hoses equipped with safety devices described in those permits. I specifically reference the following excerpt from the ruling: SPs 13484 and 14447 authorize " attendance" of the loading or unloading of a cargo tank through the use of hoses equipped with cable connected wedges, plungers, or flapper valves located at each end of the hose, able to stop the flow of product from both the source and the receiving tank 1#

Page 4wit hin one second without human intervention in t he event of a hose rupture, disconnection, or separation. The SPs prescribe inspection requirements and operational controls for use of the hoses. In the NPRM, we proposed to revise paragraphs (i)(3) and (i)(4) of§ 177.834 to adopt the provisions of SPs 13484 and 14447 in their entirety. Because we did not receive public comment on the proposal, adverse or otherwise, in this final rule, we are adopting the amendments as proposed. Smart-Hose Technologies is encouraged by this ruling since the current language in the safety regulations does NOT allow use of additional new enhanced safety equipment of the type in the special permits. The current regulations actually PROHIBIT their use requiring operators to attend to load/unload processes. Doing so potentially places operators at risk of injury by being in such close proximity to a failure. Rules are meant to set a minimum safety standard, not a maximum level that prevents/prohibits the use of new and enhanced safety capabilities as they become available to the market through the innovation of manufacturers. Therefore, we would like to request a letter of interpretation (LOI) relative to our specific products to confirm that the governing body would deem them sufficient in meeting the intent of these requirements thereby enabling end-users to be in compliance for unattended loading/unloading when using devices such as ours. I have attached a document that provides an overview of the products we supply and a video link here https://youtu.be/iWr uzLcX44 that shows our solution in an actual real-world demo. We respectfully request this LOI and will be happy to supply additional information or engineering data to support your analysis of our request. We thank you in advance for your consideration and look forward to your reply! Sincerely, Daylen Borders Sales Engineer Mobile: (903) 363-8504 Smart-Hose Technologies 701 Ashland Avenue Folcroft, PA 19032 Office: (215) 730-9000 Smart-Hose· = TECHNOLOGIES~ 2#

Page 5Smalt-Hose™ ~ TECHNOLOGIES ~ We are the Smart company securing your weak link to preserve the environment and prevent catastrophic hose failures! Standard Smart-Hose Assembly (LL3) ✓ Available in 1" up to 811 Hose Assem blies (Ends Can Be Threaded or Welded Upon Request) ✓ Common Ends: MNPT, FNPT, ANSI Flanges, ACME, Hammer Unions, Elbows, Bushings, Cam & Groove, Dry-Breaks ✓ Protects Against Catastrophic Hose Failure; Passively Shuts Down Flow! ✓ Direct Replacement for Conventional Hoses; Can Be Configured for Most Any Application; Customized to FIT ✓ 5 to 1 Burst Pressure; Shock Proof; Ruggedized for Everyday Use; Factory Repairable ✓ Full Flow Design for Faster Product Loading/ Unloading ✓ Adds an IPL {Independent Protection Layer) to Hazardous Processes ✓ Hose Types and End M aterials: LPG Textile, NH3 Textile, CO2, S02, CRYO GASES, FUELS, PETRO-CHEM, ACIDS, CAUSTICS, CH LORI NE , UHMW, XLPE, EPDM, NBR, RU BBER COVERED TEFLON, 316-SS, HASTELLOY, MON EL & MORE! Break-away Hose Assembly (LL3-B & LL3-BC) ✓ Available in 1 ¼", 2" and 3" Hose Assem blies; All the Same Benefits as Above Plus ... ✓ Proven Integral Break-aw ay Technology; Valves Automatically Close Before Separation ✓ Protects Against Catastrophic Hose Failures AND Pull-away Incidents ✓ High Value Over Other Conventional Break-away Products; Reduces Risk to Facility and Personnel ✓ 211 & 3" LL3-BC for Cryogenic Applications - Hermetic Seal at Break Joint for Extreme Temperatures SUMMARY of BENEFITS LL3-B(C) Shuts Off Failed Hose Break-away Coupler (LL3-BA) Protects Facility from Pull-Away ✓ ✓ Available for 2" & 3" Applications Used as IPL - Reduces Risk ✓ MNPT, FNPT, Flanged and Other Common Ends Compatible with Common Ends ✓ Suitable for Use with 3rd Party Hoses ✓ Protects Facility and Personnel Against Pull-away Incidents No Annual Maintenance ✓ Lower Cost Alternative to Conventional Break-away Valves Factory Repairable ✓ Ll3-BA LL3 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ *Specialized end fittings available for severe/ hazardous applications. Contact us TODAYI Smart Hose Technologies • 701 Ashland Avenue • Building 22, Suite 11 • Folcroft, PA 19032 f' 215 730 9000 • r 215 730 0558 • www.smarthose.com#