{"operation":"document","citation":"12-0203","title":"Minnesota Department of Agriculture — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-02-05","effective_on":null,"summary":"12-0203 response to Minnesota Department of Agriculture concerning 173.315.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0203.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0203.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0203","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/120203.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nFEB 0 5 Z013\nMr. Ed Kaiser\nInspection & Permitting Unit\nRegulatory & Response Section\nPesticide & Fertilizer Management Division\nMinnesota Department of Agriculture\n625 Robert Street North, 2nd Floor\nOrville Freeman Office Building\nSt. Paul, MN 55155\nReference No.l2-0203\nDear Mr. Kaiser:\nThis is in response to your e-mail requesting clarification of the Hazardous Materials\nRegulations applicable to the transportation of compressed gases in nurse tanks.\nSpecifically, you ask questions pertaining to § 173 .315(m)(3)(iii), as revised in the final rule,\n\"Hazardous Materials: Incorporation of Certain Cargo Tank Special Permits into\nRegulations,\" under Docket Number 2010-0017 (HM-245), published on February 1, 2011\n[76 FR 5483]. Your questions are paraphrased and answered as follows:\nQ 1. What is the definition of \"rural roads\" as used in § 173 .315(m)(3 )(iii)?\nA 1. The HMR do not define rural roads. Generally, these vehicles are not designed for\nuse on the interstate system. They are intended to be used on local roads, near farms,\netc. In accordance with§ 173.315(m)(3)(iv), these vehicles must be restricted to\nrural roads in areas within 50 miles of the fertilizer distribution points.\nQ2. What specific type of roads cannot be used by field trucks?\nA2. See the response to Q 1. Section 173 .315(m)(3 )(iv) provides for field truck mounted\nnurse tanks to be restricted to rural roads in areas within 50 miles of the fertilizer\ndistribution point where the nurse tank is loaded.\nQ3. What does the statement in§ 173.315(m)(3)(iv) mean that specifies the field truck\nmust have low annual over-the-road mileage? What parameters are used to\ndetermine this?\nA3. Again, these vehicles are primarily used in off-road driving in hilly terrain. They are\nnot designed or intended to be used as transport vehicles in the transportation of\nhazardous materials.\n\n<<<PAGE 2>>>\n\nQ4. A4. QS. AS. Q6. What does it mean and does the HMR provide for requirements regarding the\nstatement in § 173.315(m)(3)(iv) that specifies stiffer suspension (e.g., additional\nsprings or airbags) rear axle ratio that provides greater low end torque (assuming that\nthe field truck must have a switch that switches the rear differentials from the high\nend torque of road travel to the low end torque for traveling in the field), the braking\nsystem, and tires?\nThe HMR do not prescribe specific definitions for these terms. These vehicles are\nset up for off-road use in hilly areas and not for general highway use.\nAre nurse tanks loaded on a \"DOT specification farm truck unit\" intended to be\nloaded from a retail facility? What is the Pipeline and Hazardous Materials Safety\nAdministration's (PHMSA's) interpretation of where a field truck unit can be loaded\nregarding retail or terminal, and is the 50-mile limitation a factor in determining\nwhere a field truck unit can be loaded?\nThe HMR do not define whether it is a retail or terminal distributor of the ammonia.\nThe unit can be loaded within 50 miles of the fertilizer distribution point.\nIs the 50 mile limitation a factor in determining where a field truck unit can be\nloaded? (See§ 173.315(m)(3)(iii)), noting the 50 mile limitation.)\nA6. Yes, see above.\nI hope this information is helpful. Please contact this office should you have additional\nquestions.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n-------------\n--~--~-\n~-------~-~---~-------~------------\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nFriday, September 14, 2012 2:17PM\nDrakeford, Carolyn (PHMSA)\nRE: 173.315(m)(3)\n-\n~ 173. 3/5' (MJ 3 /Jil\n~~lnfyre- G~v.··J\nNwse ~~s\n--lz -DZ03\nCarolyn,\nWe received the following request for a formal letter of interpretation. Please note, it's about HM-245, Joan's rule from 2011, and\nAmelia Samaras was the PHC contact.\nThanks\nInformation Request to PHMSA\nReference Regulation (HMR): PHMSA Number Docket-201 0-0017 (HM-245) Federal Register dated February 1, 2011.\nRequesting clarification or interpretation relating to the following questions:\nQuestions relating to § 173.315(m)(3)(iii), which states, \"The tank is restricted to rural roads in areas within 50 miles of the fertilizer distribution point\nwhere the nurse tank is loaded\"\nQuestion #1:\nWhat is considered \"rural roads\"?\nQuestion #2:\nWhat specific types of roads cannot be used by field truck?\nQuestion #3:\nWhat does it mean that the field truck must have low annual over-the-road mileage? What parameters are used to determine this?\n================================================\nQuestions relating to § 173.315(m)(3)(iv), which states, \"For the purposes of this section, a field truck means a vehicle on which a nurse tank is mounted\nthat is designed to withstand off-road driving on hilly terrain. Specifically, the vehicle must be outfitted with stiffer suspension (for example, additional\nsprings or airbags)than would be necessary for a comparable on-road vehicle, a rear axle ratio that provides greater low end torque, and a braking\nsystem and tires designed to ensure stability in hilly terrain. The field truck must have low annual over-the-road mileage and be used exclusively for\nagricultural purposes.\"\nQuestions:\nQuestion #1:\nAre there specific specifications or regulations relating/referenced to the following? What does this specific exactly mean -specific specification?\n(a) \"stiffer suspension - additional spring or airbags\";\n(b) rear axle ration that provides greater low end torque -assuming that the field truck must has a switch that switches the rear differentials from high\n(high end torque of road travel) to low speed (low end torque for traveling in the field);\n(c) Braking system; and\n(4 Tires\n============================•======================\nQuestion relating to the intended location for loading the nurse tank(s) positioned on a DOT specification farm truck unit.\nBackground to this question:\nThe farm truck unit I am referring to originated from the former DOT SP-10950 special permit. Based on the language in the recently revised HMR and\ninformation obtained from a operator of such a farm truck unit, it appears that the nurse tanks on a farm truck unit are intended to be loaded from a local\nretail outlet/storage facility for tendering nurse tanks/application units out at a farmer customer field location. In fact, that is how field truck units are\nbeing used, based on information obtain from a firm that uses farm truck units.\nIt also appears that it was NOT intended for the nurse tanks positioned on such a farm truck unit to be loaded at a wholesale terminal storage\nfacility. DOT specification MC-331 cargo transports tanks are equipped with an internal sparge tube that allow for the loading at a wholesale terminal\nstorage facility. Wholesale terminal storage facilities only load transport tanks with a liquid tine, rather than with both liquid and vapor lines.\nQuestion #1: What is PHMSA's interpretation of where a field truck unit can be loaded? Retail or Terminal?\nQuestion #2: Is the 50 mile limitation a factor in determining where a field truck unit can be loaded?\n1\n\n<<<PAGE 4>>>\n\n(see 173.315(m)(3)(iii)noting the 50 mile limitation)\n==================================================\nClosing remarks:\nHave consulted with Minnesota DOT Haz-Mat Specialist, Mike Ritchie (Telephone; 651-366-3697, email: michael.ritchie@state.mn.us) and Regional\nFederal DOT Haz-Mat Specialist, Michael Mannikko (Telephone 608-469-5478, email: michael.mannikko@dot.gov). Mr. Mannikko recommended that\nthis electronic submission be done to obtain a prompt response by the most appropriate staff at PHMSA.\nSincerely,\nEd Kaiser, Compliance Program Consultant\nInspection & Permitting Unit\nRegulatory & Response Section\nPesticide & Fertilizer Management Division\nMinnesota Department of Agriculture\nTelephone: 651/201-6275\nFax: 651/201-6117\nEmail: Ed.Kaiser@state.mn.us\n2","truncated":false,"body_characters":8069}