Interpretation Response #02-0005 ([Keehn Service Corporation] [Richard C. Willard])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 03/22/2002

Company Name: Keehn Service Corporation

Individual Name: Richard C. Willard

Location State: PA Country: US

View the Interpretation Document

Response text:

March 22, 2002

Mr. Richard C. Willard                                Reference No. 02-0005
Keehn Service Corporation
99 North 11th Avenue
Coatesville, PA 19320

Dear Mr. Willard:

This is in response to your January 8, 2002 letter concerning emergency discharge control equipment for compressed gases in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, your letter involved requirements in § 173.315(n) requiring the remote shut-off to close the internal valve and to shut down the motive and auxiliary power equipment upon activation.

You describe cargo tank motor vehicles (CTMVs) that are used for both metered and non-metered deliveries, and suggest that the emergency discharge control requirements in § 173.315(n) require such CTMVs to be equipped with both passive and off-truck remote means of shut down.  You are correct that the HMR do not specifically address this issue.  However, it was never our intention to require a CTMV to meet both requirements.  If a CTMV operating in both metered and non-metered delivery service is equipped with a passive means of shut down that meets the requirements in § 173.315(n)(2) and functions for both types of deliveries, then it need not also be equipped with an off-truck remote means of shut down.  However, if the passive means of shutdown only functions for non-metered deliveries, then the CTMV must also be equipped with an off-truck remote shutdown system.

As you note in your letter, the decision to require the remote shut-off to close the internal valve and
shut down the motive power and auxiliary equipment was arrived at through a lengthy negotiated rulemaking.  In a negotiated rulemaking, representatives of interests affected by a regulation work together to analyze safety issues and identify potential solutions.  The process gives parties the opportunity to find creative solutions, improve the information data base for decisions, produce more acceptable rules, enhance compliance, and reduce the likelihood of court challenges.  This negotiated rulemaking committee included representatives from businesses that transport and deliver propane, anhydrous ammonia, and other liquefied compressed gases; manufacturers and operators of cargo tanks and vehicle components; and state and local public safety and emergency response agencies.

There are several important safety benefits associated with an off-truck remote shut-off capability.  In the event of an unintentional release, the qualified person will be able to quickly close the internal self-closing stop valve, thereby minimizing the amount of product released.

The requirement to have the remote shut off the motive and auxiliary power equipment is to eliminate a possible ignition source, not only from a hot engine, but also from an active electrical system that could trigger a spark.  A remote shut-off allows the person to avoid approaching the vehicle during an incident when it may be enveloped in vapors of released product or engulfed in flames if there is a fire
at the point of release.

If you would like to obtain more information on the events that transpired during the negotiated rulemaking, including equipment costs and other concerns you outline in your letter, please consult our docket on-line (http://dmsAot.gov/) and search under docket RSPA-1997-2718.  You will find over 200 documents that include summaries of the negotiated rulemaking, comments from the regulated community, internal correspondence, and published rulemaking notices.  Most of the discussion concerning the negotiated rulemaking starts with document RSPA-1997-2718-181.  In addition, if you would like to propose a change to the HMR, you may submit a petition for rulemaking following guidelines outlined in § 106.15.

I hope this satisfies your request.

Sincerely,

Edward T. Mazzullo
Director, Office of  Hazardous
Materials Standards

173.315(n)

Regulation Sections