{"operation":"document","citation":"05-0207","title":"The Fertilizer Institute — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-01-05","effective_on":null,"summary":"05-0207 response to The Fertilizer Institute concerning 171.7.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0207.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0207.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0207","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050207.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nAdministration\nHazardous Materials Safety\nJAN - 5 2006\nMs. Pamela\nD. Guffain\nRef. No.: 05-0207\nThe Fertilizer Institute\nUnion Center Plaza\n820 First Street, NE\nSuite\n430\nWashington, DC 20002\nDear Ms. Guffain:\nThis is in response to your August 19, 2005 letter regarding\ntransportation of anhydrous ammonia in nurse tanks under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) .\nThe Fertilizer Institute has been granted a special permit\n(DOT SP-13554), which allows its members to use nurse tanks\nthat have missing or unreadable nameplates, provided certain\ntests or re-tests are conducted. With your letter you include\na proposed amendment to the Iowa Code that would allow ASME\ncontainers with missing or unreadable nameplates to have new\nnameplates installed. You ask that we review the Iowa Code\namendment and interpret its relevance to your special permit.\nThe transportation of anhydrous ammonia in commerce in non-DOT\nspecification cargo tanks (nurse tanks) must conform to the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSection 173.315 (m) specifies the requirements for nurse tanks.\nIn conformance with § 173.315 (m) (1), each tank must be marked\nin accordance with the edition of Section VIII of the ASME\nCode that was incorporated by reference in § 171.7 at the time\nit was manufactured.\nThe marking is the manufacturer's\ncertification that the tank conforms to all applicable ASME\nCode requirements. This marking includes the ASME code symbol\nstamped on the plate and only the original \"U\" stamp\ncertificate holder is authorized to use that symbol.\nAny nurse tank authorized under § 173.315 (m) for which the\nASME\nnameplate is missing or unreadable must be brought into\ncompliance with the applicable marking requirements in the\nASME Code. To do this, the owner of the nurse tank must first\nprovide documentation to the original manufacturer that\ndemonstrates that the nurse tank was designed and constructed\n173.315 (m)\n171.7\n050207\n\n<<<PAGE 2>>>\n\nin accordance with the ASME code. Once this occurs, the\nmanufacturer will be in a position to issue and stamo a\nreplacement ASME name plate. Replacement ASME name plates\nmust be attached in accordance with the (NBIC) National Board\nInspection Code, Part RB 1030(b). The only other alternative\nis to apply for a new special permit or obtain party status to\nan applicable special permit as specified under Part 107,\nSubpart B.\nI hope this information is helpful. If you have further\nquestions, please do not hesitate to contact this office.\nSincerely,\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nPollack\nThe Fertilizer Institute\n5173.315 (m)\nNourish, Replenish, Grow\nDirector\nPam Guffain\nGovernment Relations\nCargo Tanks\n05-02.07\nAugust 19, 2005\nMr. Edward Mazzullo\nOffice of Hazardous Materials Standards\n400 7\" Street, S.W.\nPipeline and Hazardous Materials Safety Administration\nWashington, D.C. 20590\nDear Mr. Mazzullo:\nIt is our understanding of Department of Transportation (DOT) regulations that nurse tanks\nwithout the required ASME nameplate are not legal for transportation in commerce. As TFI\nbecame aware of many nurse tanks in anhydrous ammonia service without the required ASME\nidentification plate, TFI filed an exemption application which DOT has granted (DOT E-13554).\nIn granting the exemption, DOT requires certain tests and re-tests on anhydrous ammonia nurse\nRecently the attached proposal was brought to our attention. We would appreciate an\ninterpretation by DOT regarding our understanding of the DOT regulations in this regard.\nPlease feel free to contact me via telephone at (202) 515-2704 or via e-mail at pguffain@tfi.org.\nSincerely yours,\nPamela D. Guffain\n820 First Street, NE Suite 430\nUnion Center Plaza\n202.962.0490\nWashington, DC 20002\n202.962.0577 fax\nwww.tfi.org\n\n<<<PAGE 4>>>\n\nAGRICULTURE AND LAND STEWARDSHIP DEPARTMENT [21]\nAdopted and Filed Emergency\nPursuant to the authority of Iowa Code sections 159.5(11) and 200.14, the\nDepartment of Agriculture and Land Stewardship hereby amends Chapter 43, 'Fertilizers\nand Agricultural Lime,\" Iowa Administrative Code.\nThe proposed amendment strikes an exception to the requirement of nameplates\non anhydrous ammonia tanks and is to add a new rule pertaining to the certification/re-\nnameplating of anhydrous ammonia applicators and nurse tanks with unreadable or\nmissing nameplates under the jurisdiction of the Department. This proposed rule has\ndelegated the certification/re-nameplating process to firms that hold a valid R-stamp, in\ncompliance with the current edition of the National Board Inspection Code. The Federal\nDepartment of Transportation regulations require legible nameplates on applicators and\nnurse tanks.\nPursuant to Iowa Code section 17A.4(2), the Department finds that notice and\npublic participation are impractical. The Department has had numerous conversations\nwith industry regarding an Iowa certification/re-nameplating program. Notice and public\nparticipation would needlessly delay enactment of this program.\nParticipation in the\nprogram is voluntary for the agency.\nThe Department also finds, pursuant to Iowa Code section 17A.5(2)\"b\"(2), that\nthe normal effective date of these amendments, 35 days after publication, should be\n\n<<<PAGE 5>>>\n\nwaived and the amendment should be made effective upon filing with the Administrative\nRules Coordinator. The amendment confers a benefit to the fertilizer industry because it\npermits those firms that wish to participate a way achieve compliance with Federal\nDepartment of Transportation regulations.\nNo waiver provision is included in this amendment. However, the Department\nhas a general rule which allows for waivers in appropriate cases. The waiver rule applies\nto these amendments.\nThis amendment is also published herein under Notice of Intended Action as\nARC_\nto allow for public comment.\nThis amendment is intended to implement Iowa Code chapter 200.\nThis amendment became effective upon filing.\nA fiscal impact summary prepared by the Legislative Services Agency pursuant to\nIowa Code Supplement §17A.4(3) will be available at\nhttp://www.legis.state.ia.us/IAC.html or at (515)281-5279 prior to the Administrative\nRules Review Committee's review of this rule making.\nThe following amendment is adopted.\nITEM 1. Amend rule 21-43.6(200) by striking numbered exception 8 and\ninserting in lieu thereof the following:\n8. Insert a new subrule 5.4.2.9 to read as follows:\n5.4.2.9 Recertification of Non-Refrigerated Containers and Systems Other Than\nDOT Containers. Containers with unreadable or missing nameplates may be recertified\nand have nameplates installed with the following information:\nA. An identification number issued by the department.\n\n<<<PAGE 6>>>\n\nB. The certification date.\nC. The maximum allowable working pressure.\nD. The wall thickness of the container shell and heads in inches or millimeters.\nE. The water capacity of the container in pounds or kilograms or United States\nstandard gallons or cubic meters (m3) at 60 degrees Fahrenheit (15.6 degrees centigrade).\nItems A through E must be determined and documented on forms provided by the\ndepartment by a company that holds a valid R-stamp in compliance with the current\nedition of the National Board Inspection Code.\nNurse tanks and applicator tanks with unreadable or missing nameplates may be\nrecertified and have name plates installed by July 1, 2008.\nPatty Judge\nSecretary of Agriculture\nDate\nRules/Feed and Fertilizer/Nurse Tank Recertification--Emergency.doc","truncated":false,"body_characters":7664}