{"operation":"document","citation":"19-0122","title":"Smart-Hose Technologies — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-05-27","effective_on":null,"summary":"19-0122 response to Smart-Hose Technologies concerning 176.76, 177.834, 177.840.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0122.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0122.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0122","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/74036/190122.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMay 26, 2020\nMr. Daylen Borders\nSales Engineer\nSmart-Hose Technologies\n701 Ashland Avenue\nFolcroft, PA 19032\nReference No. 19-0122\nDear Mr. Borders:\nThis letter is in response to your October 16, 2019, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to hoses equipped\nwith safety devices that permit a cargo tank motor vehicle (CTMV) to be loaded and unloaded\nwithout full time attendance by a qualified person during loading operations. You explain that\nyour company engineers and manufactures specialized hoses, such as those described in\nDepartment of Transportation Special Permits (DOT-SPs) 13484 and 14447. Specifically, you\nask whether the final rule issued under Docket No. PHMSA-2013-0042 (01/21/2016, 81 FR\n3636) (HM-233F), “Hazardous Materials: Adoption of Special Permits,” eliminates the need for\nthese special permits by adopting the language they contain into the HMR.\nThe answer is yes. The HM-233F final rule amended § 177.834(i)(3) and (i)(4) of the HMR to\npermit loading or unloading “attendance” of a CTMV through the use of hoses equipped with\ncable connected wedges, plungers, or flapper valves located at each end of the hose that can stop\nthe flow of product from both the source and the receiving tank within one second without\nhuman intervention in the event of a hose rupture, disconnection, or separation. These amended\nparagraphs also prescribe inspection requirements and operational controls for use of these\nhoses.\n\n<<>>\n\nThe amendments to § 177.834(i)(3) and (i)(4) do not affect the requirements in § 176.76(i) for\ncargo transport units packed or loaded with Division 2.1 (flammable) gas or Class 3 (flammable)\nliquid having a flashpoint below + 23 °C transported on deck. Additionally, § 177.840(p)\nprescribes the requirements to unload liquefied petroleum gas and anhydrous ammonia in\nmetered delivery service and does not include a reference to the type of hoses in DOT-SPs 13484\nand 14447. The description in § 177.834(i)(3)(i) of a qualified person attending a cargo tank\nloading or unloading operation does not apply to cargo tank loading or unloading requirements in\n§§ 177.840(p) or (q) or 177.837(d).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nDodd, Alice (PHMSA) I q -0 I c l Q\nFrom: INFOCNTR (PHMSA)\nSent:\nTo:\nSubject: Wednesday, October 16, 2019 2:56 PM\nHazmat lnterps\nFW: Request for Letter of Interpretation (LOI) regarding 49 CFR 176.67(i), 49 CFR\n177.834(i) and 49 CFR 177.840(p) and HM-233F\nAttachments: DB Smart-Hose Technologies Product Overview.pdf\nHello Alice and lkeya,\nPlease see below for letter of interpretation request. The requester spoke with Sarah in the HMIC. We informed him\nthat the special permits he was looking at were being included in the NPRM HM-233F that was recently published and\nthat the final rule has not come out yet. He wanted to move forward with this LOI request for his specific technology\nthat he uses. Also, please note, I got in contact with him, he cited 176.67(i) but actually meant to type 176.76(i).\nPlease contact our office with any questions.\nThanks,\nKathryn, HMIC\nFrom: Daylen Borders [mailto:dborders@smarthose.com]\nSent: Wednesday, October 16, 2019 2:04 PM\nTo: INFOCNTR (PHMSA) \nCc: sales ; Bill Horan \nSubject: Request for Letter of Interpretation (LOI) regarding 49 CFR 176.67(i), 49 CFR 177.834(i) and 49 CFR 177.840(p)\nand HM-233F\nTo Whom it may concern:\nI am writing on behalf of my employer, Smart-Hose Technologies (Zena Associates LLC) to request a Letter of\nInterpretation concerning 49 CFR 176.67(i), 49 CFR 177.834(i) and 49 CFR 177.840(p) and the recent proposed ruling\nHM-233F.\nSmart-Hose Technologies engineers and manufacturers specialized hoses of the type referenced in Special Permits\n13484 and 14447 (hoses with cable connected flappers on each end to stop flow in the event of hose failure). It is our\nunderstanding that the recent ruling \"HM-233F Hazardous Materials: Adoption of Special Permits\" will in the near future\nobviate the need for the special permits above, as there will be language incorporated into the DOT regulations that will\nallow the use of hoses equipped with safety devices described in those permits. I specifically reference the following\nexcerpt from the ruling:\nSPs 13484 and 14447 authorize\n\" attendance\" of the loading or\nunloading of a cargo tank through the\nuse of hoses equipped with cable\nconnected wedges, plungers, or flapper\nvalves located at each end of the hose,\nable to stop the flow of product from\nboth the source and the receiving tank\n1\n\n<<>>\n\nwit hin one second without human\nintervention in t he event of a hose\nrupture, disconnection, or separation.\nThe SPs prescribe inspection\nrequirements and operational controls\nfor use of the hoses. In the NPRM, we\nproposed to revise paragraphs (i)(3) and\n(i)(4) of§ 177.834 to adopt the\nprovisions of SPs 13484 and 14447 in\ntheir entirety. Because we did not\nreceive public comment on the\nproposal, adverse or otherwise, in this\nfinal rule, we are adopting the\namendments as proposed.\nSmart-Hose Technologies is encouraged by this ruling since the current language in the safety regulations does NOT\nallow use of additional new enhanced safety equipment of the type in the special permits. The current regulations\nactually PROHIBIT their use requiring operators to attend to load/unload processes. Doing so potentially places\noperators at risk of injury by being in such close proximity to a failure. Rules are meant to set a minimum safety\nstandard, not a maximum level that prevents/prohibits the use of new and enhanced safety capabilities as they become\navailable to the market through the innovation of manufacturers.\nTherefore, we would like to request a letter of interpretation (LOI) relative to our specific products to confirm that the\ngoverning body would deem them sufficient in meeting the intent of these requirements thereby enabling end-users to\nbe in compliance for unattended loading/unloading when using devices such as ours. I have attached a document that\nprovides an overview of the products we supply and a video link here https://youtu.be/iWr uzLcX44 that shows our\nsolution in an actual real-world demo.\nWe respectfully request this LOI and will be happy to supply additional information or engineering data to support your\nanalysis of our request. We thank you in advance for your consideration and look forward to your reply!\nSincerely,\nDaylen Borders\nSales Engineer\nMobile: (903) 363-8504\nSmart-Hose Technologies\n701 Ashland Avenue\nFolcroft, PA 19032\nOffice: (215) 730-9000\nSmart-Hose·\n= TECHNOLOGIES~\n2\n\n<<>>\n\nSmalt-Hose™\n~ TECHNOLOGIES ~\nWe are the Smart company securing your weak link to preserve the environment and prevent catastrophic hose failures!\nStandard Smart-Hose Assembly (LL3)\n✓ Available in 1\" up to 811 Hose Assem blies (Ends Can Be Threaded or Welded Upon Request)\n✓ Common Ends: MNPT, FNPT, ANSI Flanges, ACME, Hammer Unions, Elbows, Bushings, Cam & Groove, Dry-Breaks\n✓ Protects Against Catastrophic Hose Failure; Passively Shuts Down Flow!\n✓ Direct Replacement for Conventional Hoses; Can Be Configured for Most Any Application; Customized to FIT\n✓ 5 to 1 Burst Pressure; Shock Proof; Ruggedized for Everyday Use; Factory Repairable\n✓ Full Flow Design for Faster Product Loading/ Unloading\n✓ Adds an IPL {Independent Protection Layer) to Hazardous Processes\n✓ Hose Types and End M aterials: LPG Textile, NH3 Textile, CO2, S02, CRYO GASES, FUELS, PETRO-CHEM, ACIDS,\nCAUSTICS, CH LORI NE , UHMW, XLPE, EPDM, NBR, RU BBER COVERED TEFLON, 316-SS, HASTELLOY, MON EL & MORE!\nBreak-away Hose Assembly (LL3-B & LL3-BC)\n✓ Available in 1 ¼\", 2\" and 3\" Hose Assem blies; All the Same Benefits as Above Plus ...\n✓ Proven Integral Break-aw ay Technology; Valves Automatically Close Before Separation\n✓ Protects Against Catastrophic Hose Failures AND Pull-away Incidents\n✓ High Value Over Other Conventional Break-away Products; Reduces Risk to Facility and Personnel\n✓ 211 & 3\" LL3-BC for Cryogenic Applications - Hermetic Seal at Break Joint for Extreme Temperatures\nSUMMARY of BENEFITS LL3-B(C)\nShuts Off Failed Hose\nBreak-away Coupler (LL3-BA) Protects Facility from Pull-Away ✓\n✓ Available for 2\" & 3\" Applications Used as IPL - Reduces Risk\n✓ MNPT, FNPT, Flanged and Other Common Ends\nCompatible with Common Ends\n✓ Suitable for Use with 3rd Party Hoses\n✓ Protects Facility and Personnel Against Pull-away Incidents\nNo Annual Maintenance\n✓ Lower Cost Alternative to Conventional Break-away Valves\nFactory Repairable ✓\nLl3-BA\nLL3\n✓\n✓\n✓\n✓\n✓\n✓\n✓\n✓\n✓\n✓\n✓\n✓\n✓\n✓\n*Specialized end fittings available for severe/ hazardous applications. Contact us TODAYI\nSmart Hose Technologies • 701 Ashland Avenue • Building 22, Suite 11 • Folcroft, PA 19032\nf' 215 730 9000 • r 215 730 0558 • www.smarthose.com","truncated":false,"body_characters":9209}