{"operation":"document","citation":"10-0120","title":"Minnesota Department of Transportation Office of Freight and Commercial Vehicle Operations — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-07-12","effective_on":null,"summary":"10-0120 response to Minnesota Department of Transportation Office of Freight and Commercial Vehicle Operations concerning 173.315.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0120.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0120.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0120","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100120.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration .\n1200 New Jersey Ave, SE\nWashington, D.C. 20590\nJUL 1 2 2010\nMr. Michael Ritchie\nMinnesota Department of Transportation\nOffice of Freight and Commercial Vehicle Operations\n395 John Ireland Blvd.\nSt. Paul, MN 55155-1899\nRef. No. 10-0120\nDear Mr. Ritchie:\nThis responds to your June 4, 2010 letter regarding placarding and marking requirements under\nthe Hazardous MateriaIs.Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask\nquestions regarding the display of markings and placards on a wagon trailer with two nurse\ntanks mounted side by side (Le., a twin-tank farm trailer). Your letter includes photographs\nillustrating the twin-tank farm trailers. The capacity of the twin nurse tanks ranges from 1,000\nto 1,450 gallons. Your questions are paraphrased and answered as follows:\nQl. Are markings and a placard required on the adjacent sides (Le., the interior sides facing\neach tank) ofthe twin nurse tanks that are not visible from the direction they face?\nAI. Yes. As a bulk packaging, a nurse tank must be marked and placarded on each side (and\neach end). See §§ 172.302, 172.328, and 172.504 of the HMR.\nQ2. If appurtenances (e.g., valves, fittings, etc.) on the end ofa nurse tank prevent markings\nand a placard from being properly placed and visible on the tank, is that same end ofthe wagon\ntrailer to which the nurse tank is mounted required to be marked and placarded?\nA2. No. In accordance with § I73.315(m), a nurse tank is not required to be marked and\nplacarded on one end when appurtenances on that end obstruct proper placement and visibility.\nThe provisions of § I73.3I5(m) include securely mounting the nurse tank to a wagon trailer.\nThus, it is the opinion ofthis Office that this exception also applies to the end ofthe wagon\ntrailer. Note that with regard to the photographs of the twin-tank farm trailer, the end ofthe\n\n<<<PAGE 2>>>\n\nnurse tank with appurtenances is not obstructed sufficiently to prevent proper placement and\nvisibility of markings and a placard.\nI hope this information is helpfuL If you have further questions, please contact this office.\nCharles E. Betts\nChief, Standards Development\nffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nMinnesota Department of Transportation\nOffice of Freight and Commercial Vehicle Operations 395 John Ireland Blvd.\n81. Paul, MI\\J 55155-1899\nJune 4, 2010 De( () dere fl\n~ 113.315\n~ elZ. 50~\n':3 11 z. ·501·\n?IClcarcfJf)j\n10- 0 J20\nCharles E Betts\nChief, Standards Development\nOffice ofHazardous Material Standards\nUSDOTIPHMSA\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nRe: Display ofplacards on bulk packagings and transport vehicles.\nDear Mr. Betts,\nMany farm wagon trailers are now transporting two nurse tanks, mounted side by side. These\ntanks are often separated by only a few inches, and may remain on the farm wagon trailer for\nseveral years, until the tanks are removed for maintenance or inspections. Some trailers carry two\n1,000 gallon nurse tanks, and some have two 1,450 gallon tanks. These tanks are operated under\nthe provisions of 49 CFR 173.315 (m). I have attached three photographs of twin tank farm\ntrailers.\nWe have received questions from the agricultural chemical industry and Commercial Vehicle\nInspectors regarding the required display ofplacards and marking on the adjacent sides ofthe\nnurse tanks mounted on a two tank trailer.\n49 CFR 172.504 requires the display ofplacards on each bulk packaging, unless excepted.\nSectionl72.514 requires each person who offers hazardous materials in a bulk package to affix\nplacards specified for that material in §172.504. Section 172.516 requires a placard to be clearly\nvisible from the direction it faces, except from the direction of another transport vehicle or\nrailcar.\nQuestion: Are placards and ID number marking required on the adjacent sides oftwo nurse\ntanks mounted only inches apart on the same farm trailer?\nThe Hazardous Materials Regulations authorize placarding exceptions in §§172.507 (b) and\n173.315 (m) (7) is for an end ofa nurse tank ifthat end contains valves, fittings or other\nappurtenances that prevent placards and marks from being properly placed.\nQuestion: If the exceptions authorized in §§ 172.507 (b) and 173.315 (m) (7) are used for a\nnurse tank with appurtenances on olle end, is it necessary to placard and mark the vehicle (the\nfarm wagon trailer) on that end?\nAn equal opportunity employer\n\n<<<PAGE 4>>>\n\nYours truly,\n-\n/;/k~c Cui 1d.;t;;;W\nMichael Ritchie\nHazardous Materials Specialist\nMinnesota Department of Transportation\nCommercial Vehicle Operations Section\n395 John Ireland Boulevard\nSt. Paul, MN 55155\n(651) 366-3697\nMichaeLritchie@state.mn.us\n\n<<<PAGE 5>>>\n\nAMMONIA\n1005\nAMMON\n100\n11 /\n308\n\n<<<PAGE 6>>>\n\nAN\n005\nVINOA\nPROUS\nPAHNY\nIMMOS\n1005\nUS:\n\n<<<PAGE 7>>>\n\n1005\nANHYDROLO AMMONIA\n1005\nANHYDROUS AMMONIA","truncated":false,"body_characters":4914}