{"operation":"document","citation":"16-0139","title":"Bureau Veritas — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-03-15","effective_on":null,"summary":"16-0139 response to Bureau Veritas concerning 171.8, 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0139.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0139.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0139","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/160139.pdf","body":"<<<PAGE 1>>>\n\nDirector, Codes & Standards\nBureau Veritas\n330 Lynnway, Suite 403\nLynn, MA 01901\nReference No. 16-0139\nDear Mr. Whittle:\nThis letter is in response to your August 23, 2016, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to training. Specifically, you\nask two questions related to whether certain entities involved in the certification of non-\nspecification cargo tanks, commonly known as nurse tanks and considered an instrument of\nhusbandry, require training as a hazmat employee as prescribed in § 172.704.\nQ1.\nYou ask if a nurse tank manufacturer must receive hazmat training as required by the\nHMR if the nurse tank is manufactured to a condition not yet certified or represented as\nsuitable for the transportation of hazardous materials.\nA1.\nIf the intent of the manufacturer is to produce nurse tanks to be represented as packagings\nauthorized for the transportation of hazardous materials, the manufacturer is required to\nbe trained as a hazmat employee. However, if the manufacturer has no intent for the\ntanks to be represented as packagings authorized for the transportation of hazardous\nmaterials, the manufacturer is not required to be trained.\nQ2. You ask if authorized inspectors as defined in § 171.8, who are not employees of the\nnurse tank manufacturer, must receive hazmat training as required by the HMR if they\nare only inspecting the nurse tank for compliance with the American Society of\nMechanical Engineering (ASME) Code.\n\n<<<PAGE 2>>>\n\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nAugust 23, 2016\nStandards and Rulemaking Division\nPipeline and Hazardous Material Safety Administration\nEast Building, 2nd Floor\nWashington, D.C. 20590-0001\nAttention: PHH-10\nRequest for Interpretation\nReference: 178.8 Hazmat Employers\nSubject: Hazmat Training\nGentleman:\nPlease provide clarification as to the requirements for Hazmat Training as related\nto cargo tanks such as Implement Husbandry aka Nurse Tanks.\nAre manufacturers of nurse tanks required to have hazmat training if the nurse\ntanks are not a complete package and do not meet all necessary requirements for\nthe tanks to enter the stream of commerce?\nAlso, are Authorized Inspectors, who are not employees of the manufacturer, but\nare certified by the National Board of Boiler and Pressure Vessel Inspectors to\ninspect the tanks only for compliance to the American Society of Mechanical\nEngineering code, required to be hazmat trained?\nI would appreciate a response at your earliest convenience.\nBest Regards\nEdgar Whittle\nDirector, Codes & Standards\n(781) 584-1104","truncated":false,"body_characters":2693}