{"operation":"document","citation":"21-0015","title":"Iowa Dept. of Transportation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-04-15","effective_on":null,"summary":"21-0015 response to Iowa Dept. of Transportation concerning 171.8, 173.29, 173.315.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0015.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0015.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0015","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/74911/210015.pdf","body":"<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nApril 15, 2021\nRobert Johnson\nCaptain\nIowa Dept. of Transportation\n6310 SE Convenience Blvd.\nAnkeny, IA 50021\nReference No. 21-0015\nDear Mr. Johnson:\nThis letter is in response to your February 10, 2021, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to anhydrous\nammonia transported in nurse tanks. Specifically, you state that inspection officers from the\nIowa Department of Transportation (DOT) have encountered carriers transporting anhydrous\nammonia (NH3) nurse tanks on flatbed motor vehicles and you ask questions regarding the\napplicability of provisions found in § 173.315(m) when these nurse tanks are in transportation.\nAdditionally, you describe two scenarios where a person (e.g., a private motor carrier versus a\nfor-hire motor carrier) is transporting anhydrous ammonia (NH3) nurse tanks that are not cleaned\nor purged and you provide two photographs as examples:\n- Photograph #1: Illustrates a “nurse tank” attached to a farm wagon with wheels\nremoved and secured on a flatbed motor vehicle.\n- Photograph #2: Illustrates a “nurse tank” attached to a farm wagon with wheels\nattached and secured on a flatbed motor vehicle.\nWe have paraphrased and answered your questions as follows:\nScenario #1: A private motor carrier (e.g., a farmer) purchases an anhydrous ammonia (NH3)\nnurse tank that is not cleaned and purged and transports it to their farm for agricultural\noperations.\nQ1. You ask whether the cargo tank shown in photograph #1 is considered to be a “nurse\ntank” in accordance with § 173.315(m), provided it meets all applicable requirements of\nthat paragraph.\n\n<<>>\n\nA1. Based on the scenario you provided and the cargo tank shown in photograph #1, it is the\nopinion of this Office that it would not meet the conditions that would allow for a non-\nDOT specification cargo tank carrying anhydrous ammonia (NH3) to be transported\nunder § 173.315(m). Specifically, it appears the transport does not conform to the\nconditions of § 173.315(m)(3)(iii), which restricts the nurse tank to rural roads in areas\nwithin 50 miles of the fertilizer distribution point. Please note that securely mounting a\nnurse tank to a farm wagon and then placing that farm wagon on a flatbed motor vehicle\nis not an acceptable means to comply with the requirements in § 173.315(m)(1) through\n(m)(3).\nQ2. You ask whether the cargo tank and/or motor vehicle in photograph #1 meet the\nrequirements of §§ 173.315(m)(1) introductory text, 173.315(m)(1)(vi), or\n173.315(m)(3).\nA2. The answer is no, see answer A1.\nQ3. You ask whether the cargo tank shown in photograph #2 is considered to be a “nurse\ntank” in accordance with § 173.315(m), provided it meets all applicable requirements of\nthat paragraph.\nA3. The answer is no, see answer A1.\nQ4. You ask whether the cargo tank and/or motor vehicle in photograph #2 meet the\nrequirements of §§ 173.315(m)(1) introductory text, 173.315(m)(1)(vi), or\n173.315(m)(3).\nA4. The answer is no, see answer A1.\nQ5. You ask whether a tank may be defined as a “nurse tank” if the tank used to transport\nanhydrous ammonia (NH3) cannot meet the applicable requirements in § 173.315(m).\nA5. “Nurse tank” is a common term to describe a tank used in husbandry for purposes of\ntransporting agricultural chemicals. The term “nurse tank” has no defined meaning in the\nHMR and is not specifically defined in § 171.8. Rather, the HMR outline conditions\nunder which a non-DOT specification cargo tank may be used to transport anhydrous\nammonia (NH3) and those provisions address husbandry operations that use such a tank.\nIn accordance with § 173.315(m)(1), a cargo tank is excepted from specification\nrequirements if it is an implement of husbandry for transporting anhydrous ammonia\n(NH3) and is operated by a private motor carrier (e.g., farmer) exclusively for agricultural\npurposes. Therefore, if a non-DOT specification cargo tank does not meet the conditions\nof § 173.315(m), a private motor carrier must represent the non-DOT specification cargo\ntank as “empty” (see § 173.29(b)) or must obtain a special permit to transport the\nanhydrous ammonia (NH3) in the cargo tank.\n\n<<>>\n\nQ6. You ask whether a private motor carrier is subject to HMR requirements for the\ntransportation of anhydrous ammonia (NH3) if a “nurse tank” is unable to meet any of the\nconditions in § 173.315(m).\nA6. The answer is yes. If any of the stated conditions in § 173.315(m) are not met, the\nprivate motor carrier is subject to the HMR.\nScenario #2: A for-hire motor carrier (e.g., a contractor) transports an anhydrous ammonia\n(NH3) nurse tank that is not cleaned and purged.\nQ7. You ask whether these tanks are eligible for the provisions found in § 173.315(m)(1)\nthrough (m)(3) if it can be confirmed that the for-hire motor carrier (i.e., contractor) is\ntransporting the cargo tanks containing anhydrous ammonia (NH3) to a farm for\nagricultural purposes.\nA7. The answer is no. Hiring a contractor renders the transportation of these cargo tanks as\nbeing no longer in private transportation exclusively for agricultural purposes in\naccordance with § 173.315(m) introductory text.\nQ8. You ask whether these tanks would be eligible for the provisions found in\n§ 173.315(m)(1) through (m)(3) if a for-hire motor carrier transported them to a general\ncommercial location (e.g., an equipment dealer).\nA8. The answer is no, see answer A7.\nQ9. You ask whether there is an instance when a for-hire motor carrier, who transports\nanhydrous ammonia (NH3) in nurse tanks, is eligible for the provisions in\n§ 173.315(m)(1) through (m)(3)?\nA9. The answer is no, see answer A7.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nBaker\n21-0015\nFrom: Foster, Glenn (PHMSA)\nTo: Date: Dodd, Alice (PHMSA); Hillman, Kenetha CTR (PHMSA)\nSubject: FW: PHMSA Interpretations needed\nWednesday, February 10, 2021 1:11:03 PM\nAttachments: NH3 Questions.docx\nAlice and Kenetha.\nPlease process the attached as a request for a letter of interpretation.\nThanks,\nGlenn\nFrom: Johnson, Robert [mailto:Robert.Johnson@iowadot.us]\nSent: Wednesday, February 10, 2021 1:09 PM\nTo: Foster, Glenn (PHMSA) \nCc: Stiles, Jessica (FMCSA) ; Dugger, Jeremy (FMCSA)\n; Mcguire, Shirley (FMCSA) ; Goode, Glenn\n\nSubject: PHMSA Interpretations needed\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nHi Glenn. I am the Iowa MVE Special Units Captain or supervisor and I am specifically asking for an interpretation concerning the file that I have attached. This file has several questions\nconcerning Anhydrous Ammonia (NH3) Tank Transportation Questions.\nPHMSA\nThank you.\nCaptain Robert Johnson T115\nCertified Public Manager®\n6310 SE Convenience Blvd\nAnkeny, Iowa 50021\n515-250-5973\n\n<<>>\n\nBaker\n21-0015\nAnhydrous Ammonia (NH3) Tank Transportation Questions\nDuring roadside inspections officers from the Iowa DOT have encountered motor carriers transporting\nanhydrous ammonia (NH3) tanks on flatbed semitrailers. The encounters have called into question the\napplicability of the exceptions provided in 49 CFR 173.315(m) while transporting these tanks.\nExample 1 – Tanks attached to farm wagon with\nwheels removed, securely mounted to semitrailer.\nExample 2 – Tank attached to farm wagon with\nwheels attached, securely mounted to semitrailer.\n1) A private motor carrier (e.g., a farmer) purchased used anhydrous ammonia tanks and is\ntransporting them to their farm for use in the farmer’s agricultural operations. The tanks have\nnot been cleaned and purged.\nA. Is the tank shown in Example 1 considered to be a nurse tank in accordance with 49 C.F.R.\n173.315(m), provided it meets all applicable criteria listed in this paragraph?\ni. More specifically, does this tank and or transportation meet the criteria of:\na. 49 C.F.R. 173.315(m)(1) – “exclusively for agricultural purposes”, and\nb. 49 C.F.R. 173.315(m)(1)(vi) – “securely mounted on a farm wagon”, or\n\n<<>>\n\nc. 49 C.F.R. 173.315(m)(3) –\n“field mounted tanks”? Is the tank shown in Example 2\nconsidered to be a nurse tank in accordance with 49 C.F.R. 173.315(m), provided it meets\nall applicable criteria listed in this paragraph?\nii. More specifically, does this tank and or transportation meet the criteria of:\na. 49 C.F.R. 173.315(m)(1) – “exclusively for agricultural purposes”, and\nb. 49 C.F.R. 173.315(m)(1)(vi) – “securely mounted on a farm wagon”, or\nc. 49 C.F.R. 173.315(m)(3) – “field mounted tanks”?\nB. If any tank used to transport anhydrous ammonia does not meet all the applicable criteria of 49\nC.F.R. 173.315(m), does that mean that it would not be considered a nurse tank?\nC. If any tank used to transport anhydrous ammonia fails to meet any criteria listed in 49 C.F.R.\n173.315(m), does that mean that the carrier could not enjoy the exceptions provided by this\nparagraph and all other applicable regulations would then apply to the transportation of\nanhydrous ammonia in these tanks?\n2) A for-hire motor carrier is transporting used anhydrous ammonia tanks. The tanks have not been\ncleaned and purged.\nA. If any of the tanks shown in Example 1 or Example 2 are being transported by a for-hire carrier\nand it can be confirmed that they are being transported to an agricultural operation (e.g., a\nfarm), would the tank(s) be eligible for the nurse tank exceptions provided in 49 C.F.R.\n173.315(m)(1), (2), or (3)?\nB. If any of the tanks shown in Example 1 or Example 2 are being transported by a for-hire carrier\nto a general commercial location (e.g., an equipment dealer), would the tank(s) be eligible for\nthe nurse tank exceptions provided in 49 C.F.R. 173.315(m)(1), (2), or (3)?\nC. Is there any instance not addressed in either (A) or (B) above when an anhydrous ammonia tank\ntransported by a for-hire carrier would be eligible for the exceptions provided in 49 C.F.R.\n173.315(m)(1), (2), or (3)?","truncated":false,"body_characters":10381}