Railsback Hazmat Safety Professionals, LLC — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 September 13, 2021 Mr. Rex Railsback Railsback Hazmat Safety Professionals, LLC 312 Lawrence Avenue Lawrence, KS 66049 Reference No. 21-0051 Dear Mr. Railsback: This letter is in response to your May 10, 2021, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to nurse tanks. We have paraphrased and answered your questions as follows: Q1. You ask whether a nurse tank meeting the requirements of § 173.315(m) is subject to the emergency control requirements found in § 173.315(n). A1. The answer is no. The standalone requirements of paragraph (m) allows for the use of a cargo tank commonly known as “nurse tank” when operated by a private motor carrier as an implement of husbandry transporting anhydrous ammonia exclusively for agricultural purposes to be excepted from Part 178- Specification Packages, but must meet requirements of § 173.315(m)(1)(i) through (vii) to be qualified and defined as a nurse tank. Q2. You ask whether the nurse tank requirements in § 173.315(m) are standalone provisions or if nurse tanks are subject to other requirements in § 173.315. A2. See answer A1. Q3. You ask will a nurse tank also meet the definition of a cargo tank motor vehicle and/or a motor vehicle per § 171.8 since a nurse tank, per § 173.315(m), is a cargo tank. A3. The answer is no. A nurse tank would not meet the definition of a cargo tank motor vehicle and/ or motor vehicle in accordance with either definition in § 171.8.#

Page 2Q4. You ask whether two nurse tanks mounted side-by-side on a farm wagon, with only three inches of clearance between the inboard sides of each tank and not visible during transportation, would require the non-visible inboard sides of each cargo tank to also have placards and markings if the farm wagon is properly placarded and marked on each outboard side and each end. A4. The answer is yes. PHMSA’s Letter of Interpretation (Ref. No. 10-0120), specifically, answers this question. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Baker 21-0051 From: INFOCNTR (PHMSA) To: Subject: Date: Dodd, Alice (PHMSA); Hazmat Interps FW: Request for Written Letter of Interpretation/Clarification Monday, May 10, 2021 1:59:37 PM Attachments: image006.emz image008.png image009.png image001.emz image002.png image003.png image004.png Good afternoon Alice, Please see the request for a letter of interpretation below. Please contact our office with any questions. Thank you, Sarah (HMIC) From: Rex Railsback [mailto:rex@hazmatgeek.com] Sent: Monday, May 10, 2021 10:07 AM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Request for Written Letter of Interpretation/Clarification CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern, I have the following questions ref. the HMRs as they relate to nurse tanks. I am requesting a written letter of interpretation/clarification. My contact information is below Q1 – Is a nurse tank meeting the requirements of 173.315(m), subject to the emergency control requirements of 173.315(n)? Q2 – Do the nurse tank requirement in 173.315(m), standalone or are nurse tanks subject to other paragraphs within 173.315? Q3 – Since a nurse tank, per 173.315(m), is a cargo tank, will a nurse tank also meet the definition of a cargo tank motor vehicle and/or a motor vehicle per 171.8? Q4 – If I have two nurse tanks, mounted side by side, on a farm wagon, with only 3 inches of clearance between the inboard sides of each tank, not visible during transportation, do the non-visible (inboard) sides of each nurse tank need to meet the placarding and marking requires, if the farm wagon is properly marked and placarded on each side and each end? Respectfully#

Page 4Rex Railsback, HazMat/DOT Specialist 913-568-3001 rex@hazmatgeek.com www.hazmatgeek.com 312 Lawrence Ave Lawrence, KS 66049 This electronic message and any files transmitted contains information from Railsback HazMat Safety Professionals, LLC which is privileged, confidential or otherwise the exclusive property of the sender or intended recipient. If you are not the designated recipient, please be aware that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this electronic transmission in error, please notify us by telephone 913-568-3001, or by electronic mail (by replying to the sender) and promptly destroy the original transmission.#