{"operation":"document","citation":"22-0121","title":"DOT Training Solutions — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-02-02","effective_on":null,"summary":"22-0121 response to DOT Training Solutions concerning 178.345.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0121.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0121.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0121","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/77336/220121.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nFebruary 2, 2023\nArturo Prado\nDOT Training Solutions\n701 Briar Court\nBrownsville, TX 78521\nReference No. 22-0121\nDear Mr. Prado:\nThis letter is in response to your November 4, 2022, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the configuration\nof bulk trailer valves. You ask whether a DOT 407 cargo tank motor vehicle (CTMV),\nmanufactured as a “wheels back” vehicle, as defined in 49 CFR § 393.5, fitted with a rear\nloading valve located behind the fifth axle, and in full tow configuration is required to have an\ninternal self-closing stop valve with a sacrificial device.\nAccording to § 178.345-8 and when solely considering accident damage protection, an internal\nself-closing stop-valve with a sacrificial device is required only when seeking relief from\n§ 178.345-8(b)(1). When a sacrificial device is required, it is subject to the strength and location\nrequirements found in § 178.345-8(b)(2). However, based on the photographs and information\nyou provided, we are unable to make the determination whether the configuration presented\nmeets the requirements of § 178.345-8(b)(1) or § 178.345-8(b)(2). Additionally, the CTMV is\nstill subject to the remaining requirements found in § 178.345-8, as well as any other applicable\nrequirements (i.e., tank outlet requirements found in § 178.345-11). These other requirements\nmust also be taken into consideration when making a final determination for valve requirements.\nPlease note, this Office does not make the determination whether specific individual\nconfigurations meet the applicable requirements of the HMR.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nBaker\nFrom: INFOCNTR (PHMSA)\nTo: Hazmat Interps\nSubject: FW: Bulk trailer valve configuration 178.345-8\nDate: Friday, November 4, 2022 3:56:07 PM\nAttachments: image001.png\n178.345-8 vs wheels back.pdf\n22-0121\nHello Hazmat Interps,\nSee below and attached request for interpretation.\nThanks,\nJonathon, CTR\nFrom: Arturo Prado \nSent: Friday, November 4, 2022 2:22 PM\nTo: INFOCNTR (PHMSA) \nSubject: FW: Bulk trailer valve configuration 178.345-8\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nAs requested here is my physical mailing address: 701 Briar Court, Brownsville, Texas 78521\nArturo Prado\nSafety Consultant\nMobile: (913) 350-0371 or\n(956) 455-6986/Toll Free: (866) 296-7394\nEmail: arturoprado@dottrainingsolutions.com\nWebsite: https://dottrainingsolutions.com\nFrom: Arturo Prado\nSent: Wednesday, October 26, 2022 2:14 PM\nTo: PHMSA.Pipelinesafety@dot.gov\nCc: James Dean \nSubject: Bulk trailer valve configuration 178.345-8\n\n<<>>\n\n393.86 Rear impact guards and rear end protection.\n(a)(1) The requirements of paragraph (a) of this section do not apply to pole\ntrailers (as defined in §390.5 of this chapter); pulpwood trailers, low chassis\nvehicles, special purpose vehicles, wheels back vehicles (as defined in §393.5);\nand trailers towed in driveaway-towaway operations (as defined in § 390.5).\n393.5 Definitions\nWheels back vehicle. (1) A trailer or semitrailer manufactured on or after January\n26, 1998, whose rearmost axle is permanently fixed and is located such that the\nrearmost surface of the tires (of the size recommended by the vehicle\nmanufacturer for the rear axle) is not more than 305 mm (12 inches) forward of\nthe transverse vertical plane tangent to the rear extremity of the vehicle.\n178.345-8 Accident damage protection.\n(b)(1) Any bottom damage protection device must be able to withstand a force of\n155,000 pounds (based on the ultimate strength of the material) from the front,\nside, or rear, uniformly distributed over each surface of the device, over an area\nnot to exceed 6 square feet, and a width not to exceed 6 feet. Suspension\ncomponents and structural mounting members may be used to provide all, or\npart, of this protection. The device must extend no less than 6 inches beyond any\ncomponent that may contain lading in transit.\n178.345-8 Accident damage protection\n\n<<>>\n\nBetts External Chemical Hydraulic Valve is classified as an external\nself-closing stop valve and is widely used on DOT407 and 412 cargo tanks.\nThis is a robust and proven valve that satisfies the many requirements of\nthe chemical transportation industry. The 316-stainless body and\nreplaceable Teflon seal make this valve a versatile and reliable workhorse\nfor any fleet. This valve does NOT include a sacrificial shear section;\ntherefore, the cargo tank must have adequate accident damage\nprotection to shield the valve as specified in 49CFR §178.345-8.\n\n<<>>\n\n178.345-8 Accident damage protection.\n(b)(1) Any bottom damage protection device must be\nable to withstand a force of 155,000 pounds (based\non the ultimate strength of the material) from the\nfront, side, or rear, uniformly distributed over each\nsurface of the device, over an area not to exceed 6\nsquare feet, and a width not to exceed 6 feet.\nSuspension components and structural mounting\nmembers may be used to provide all, or part, of this\nprotection. The device must extend no less than 6\ninches beyond any component that may contain\nlading in transit.\n\n<<>>\n\n393.5 Definitions\nWheels back vehicle. (1) A trailer or semitrailer manufactured\non or after January 26, 1998, whose rearmost axle is\npermanently fixed and is located such that the rearmost\nsurface of the tires (of the size recommended by the vehicle\nmanufacturer for the rear axle) is not more than 305 mm (12\ninches) forward of the transverse vertical plane tangent to the\nrear extremity of the vehicle.\n178.345-8 Accident damage protection.\n(b)(1) Any bottom damage protection device must be able to\nwithstand a force of 155,000 pounds (based on the ultimate\nstrength of the material) from the front, side, or rear, uniformly\ndistributed over each surface of the device, over an area not to\nexceed 6 square feet, and a width not to exceed 6 feet.\nSuspension components and structural mounting members\nmay be used to provide all, or part, of this protection. The\ndevice must extend no less than 6 inches beyond any\ncomponent that may contain lading in transit.\n\n<<>>\n\nQuestion does a DOT 407 cargo tank that was manufacture with wheels back configuration\n(393.5) and fitted with rear loading valve required to have an internal valve with a sacrificial\ndevice? If the valve is located aft of axle 5 when in full tow configuration, and section\n178.345-8 states that the suspension components and structural mounting members may be\nused to provide all, or part, of this protection. Does this configuration located close to the aft\naxle relief carrier or manufacture from installing a internal valve with a sacrificial device.\nArturo Prado\nSafety Consultant\nMobile: (913) 350-0371|Toll Free: (866) 296-7394\nEmail: arturoprado@dottrainingsolutions.com\nWebsite: https://dottrainingsolutions.com\nFrom: James Dean \nSent: Wednesday, October 19, 2022 9:50 AM\nTo: Arturo Prado \nSubject: Bulk trailer valve configuration\nGet Outlook for iOS\nCONFIDENTIALITY NOTICE: This email message is intended only for the person or entity to which it is\naddressed and may contain confidential and/or privileged material. If you received this electronic\ntransmission in error, please be aware that any unauthorized review; copying, use, disclosure or distribution\nof this information is prohibited. If you are not the intended recipient, please contact the sender by reply\nemail, then delete the original message, including any attachments, and destroy all copies.\n\n<<>>\n\nHEEL\nDID YOU CHECE\nA DANGER\nA DANGER\nEMERGENCY\nSHUTOFF\nSteam outlet\nLTOM\nTransport, Inc.\n\n<<>>\n\n\n\n<<>>","truncated":false,"body_characters":8236}