Bureau Veritas — Hazardous Materials Safety Interpretation

Page 1Director, Codes & Standards Bureau Veritas 330 Lynnway, Suite 403 Lynn, MA 01901 Reference No. 16-0139 Dear Mr. Whittle: This letter is in response to your August 23, 2016, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to training. Specifically, you ask two questions related to whether certain entities involved in the certification of non- specification cargo tanks, commonly known as nurse tanks and considered an instrument of husbandry, require training as a hazmat employee as prescribed in § 172.704. Q1. You ask if a nurse tank manufacturer must receive hazmat training as required by the HMR if the nurse tank is manufactured to a condition not yet certified or represented as suitable for the transportation of hazardous materials. A1. If the intent of the manufacturer is to produce nurse tanks to be represented as packagings authorized for the transportation of hazardous materials, the manufacturer is required to be trained as a hazmat employee. However, if the manufacturer has no intent for the tanks to be represented as packagings authorized for the transportation of hazardous materials, the manufacturer is not required to be trained. Q2. You ask if authorized inspectors as defined in § 171.8, who are not employees of the nurse tank manufacturer, must receive hazmat training as required by the HMR if they are only inspecting the nurse tank for compliance with the American Society of Mechanical Engineering (ASME) Code.#

Page 2Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 3August 23, 2016 Standards and Rulemaking Division Pipeline and Hazardous Material Safety Administration East Building, 2nd Floor Washington, D.C. 20590-0001 Attention: PHH-10 Request for Interpretation Reference: 178.8 Hazmat Employers Subject: Hazmat Training Gentleman: Please provide clarification as to the requirements for Hazmat Training as related to cargo tanks such as Implement Husbandry aka Nurse Tanks. Are manufacturers of nurse tanks required to have hazmat training if the nurse tanks are not a complete package and do not meet all necessary requirements for the tanks to enter the stream of commerce? Also, are Authorized Inspectors, who are not employees of the manufacturer, but are certified by the National Board of Boiler and Pressure Vessel Inspectors to inspect the tanks only for compliance to the American Society of Mechanical Engineering code, required to be hazmat trained? I would appreciate a response at your earliest convenience. Best Regards Edgar Whittle Director, Codes & Standards (781) 584-1104#