Guidanceguidance
16-0120
OneCIS Insurance Company — Hazardous Materials Safety Interpretation
Current as of source date Government source
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Page 116800 Greenspoint Park Drive Suite 300S Houston, TX 77060 Reference No. 16-0120 Dear Mr. Hamtak: This letter is in response to your June 30, 2016, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to nurse tanks that are used as an implement of husbandry. Specifically, you ask about post-construction activities-which include inspection, repair, alteration, and modification —as they relate to § 173.315(m)(1)(i). We have paraphrased and answered your questions as follows: You seek confirmation of your understanding that the National Board Inspection Code (NBIC) is applicable for post-construction activities when carried out on Department of Transportation (DOT) specification packages that are constructed to the American Society of Mechanical Engineers (ASME) Code Section VIII, Division I. A1. Your understanding is correct. However, nurse tanks authorized under § 173.315(m) are non-DOT specification cargo tanks and, therefore, are not subject to the qualification and maintenance requirements in Part 180, Subpart E. Note that nurse tanks are subject to the general packaging requirements in § 173.24. Q2. You ask what criteria shall be used to affect repairs, alterations, or modifications to ASME-marked wagon-mounted nurse tanks that are used as an implement of husbandry. A2. The HMR do not specify criteria for repairs for these non-DOT specification packagings. Once nurse tanks are placed into service, the responsibility for operation and maintenance if the tanks has traditionally shifted to each State to enforce the requirements of th#
Page 2Sincerely, Chief, Standards Development Branch Standards and Rulemaking Division#
Page 3Please submit this as a letter of interpretation. Please let me know if you have any questions. Thanks, Jordan From: francis.hamtak@onecis.com [mailto:francis.hamtak@onecis.com] Sent: Friday, July 01, 2016 11:57 AM To: INFOCNTR (PHMSA) Cc: Greg. McRae@trin.net; patrick.hennessy.ext@bureauveritas.com; ed.whittle@onecis.com Subject: Interpretation To whom it may concern I am requesting an official interpretation in reference to 49 CFR 173.315(m)) (1) (i). Please accept the attached request for interpretation. Respectfully Frank Hamtak (See attached file: DOT Letter.pdf) Frank Hamtak OneCIS Insurance Company Technical Consultant A Bureau Veritas Company 16800 Greenspoint Park Drive, Suite 300S, Houston, Texas 77060 1828 o: 281-249-4487, c: 417-693-2045, f:281-986-1379 BUREAU www.us.bureauveritas.com rancis.hamtak@us.bureauveritas.com VERITAS Management Systems Global Certifications: ISO 9001:2008 - Quality • /SO 14001:2004 - Environmental • OHSAS 18001:2007 — Health & Safety "This message contains confidential information. To know more, please click on the following link:"http://disclaimer.bureauveritas.com"#
Page 46.30.2016 Standards and Rulemaking Division Pipeline and Hazardous Material Safety Administration East Building, 2^° Floor Washington, D.C. 20590-0001 Attn: PHH-10 Reference: 49 CFR 173.315(m) (1) (i) Subject: Nurse Tanks Gentleman: 1) It is my understanding that when a DOT package is constructed to the ASME Code, Section VIII, Division (including the required exceptions of the hazardous material regulations) and the manufacturers' data report has been signed by the ASME Authorized Inspector, and the ASME Certification mark is applied to the manufacturers nameplate, the post construction activities/criteria in the National Board Inspection Code applies. This would include inspection, repairs, alterations or modifications. What criteria shall be used to affect repairs, alterations or modifications to ASME marked, DOT packages commonly used as an implement of husbandry? Sincerely, Frank Harntak Frank Hamtak Technical Consultant A Bureau Veritas Company OneCIS Insurance Company 1828 16800 Greenspoint Park Drive, Suite 300S, Houston, Texas 77060 p: 281-249-4487, c: 417-693-2045, f:281-986-1379 BUREAU francis.hamtak@us.bureauveritas.com VERITAS www.us.bureauveritas.com Management Systems Global Certifications: ISO 9001:2008 - Quality • (SO 14001:2004 - Environmental • OHSAS 18001:2007 - Health & Safety#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.