{"operation":"document","citation":"21-0051","title":"Railsback Hazmat Safety Professionals, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-09-13","effective_on":null,"summary":"21-0051 response to Railsback Hazmat Safety Professionals, LLC concerning 171.8, 173.315.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0051.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0051.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0051","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/75871/210051.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nSeptember 13, 2021\nMr. Rex Railsback\nRailsback Hazmat Safety Professionals, LLC\n312 Lawrence Avenue\nLawrence, KS 66049\nReference No. 21-0051\nDear Mr. Railsback:\nThis letter is in response to your May 10, 2021, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to nurse tanks.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether a nurse tank meeting the requirements of § 173.315(m) is subject to the\nemergency control requirements found in § 173.315(n).\nA1. The answer is no. The standalone requirements of paragraph (m) allows for the use of a\ncargo tank commonly known as “nurse tank” when operated by a private motor carrier as\nan implement of husbandry transporting anhydrous ammonia exclusively for agricultural\npurposes to be excepted from Part 178- Specification Packages, but must meet\nrequirements of § 173.315(m)(1)(i) through (vii) to be qualified and defined as a nurse\ntank.\nQ2. You ask whether the nurse tank requirements in § 173.315(m) are standalone provisions\nor if nurse tanks are subject to other requirements in § 173.315.\nA2. See answer A1.\nQ3. You ask will a nurse tank also meet the definition of a cargo tank motor vehicle and/or a\nmotor vehicle per § 171.8 since a nurse tank, per § 173.315(m), is a cargo tank.\nA3. The answer is no. A nurse tank would not meet the definition of a cargo tank motor\nvehicle and/ or motor vehicle in accordance with either definition in § 171.8.\n\n<<<PAGE 2>>>\n\nQ4. You ask whether two nurse tanks mounted side-by-side on a farm wagon, with only three\ninches of clearance between the inboard sides of each tank and not visible during\ntransportation, would require the non-visible inboard sides of each cargo tank to also\nhave placards and markings if the farm wagon is properly placarded and marked on each\noutboard side and each end.\nA4. The answer is yes. PHMSA’s Letter of Interpretation (Ref. No. 10-0120), specifically,\nanswers this question.\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<<<PAGE 3>>>\n\nBaker\n21-0051\nFrom: INFOCNTR (PHMSA)\nTo: Subject: Date: Dodd, Alice (PHMSA); Hazmat Interps\nFW: Request for Written Letter of Interpretation/Clarification\nMonday, May 10, 2021 1:59:37 PM\nAttachments: image006.emz\nimage008.png\nimage009.png\nimage001.emz\nimage002.png\nimage003.png\nimage004.png\nGood afternoon Alice,\nPlease see the request for a letter of interpretation below. Please contact our office with any questions.\nThank you,\nSarah (HMIC)\nFrom: Rex Railsback [mailto:rex@hazmatgeek.com]\nSent: Monday, May 10, 2021 10:07 AM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Request for Written Letter of Interpretation/Clarification\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you\nrecognize the sender and know the content is safe.\nTo whom it may concern,\nI have the following questions ref. the HMRs as they relate to nurse tanks. I am requesting a written letter of\ninterpretation/clarification. My contact information is below\nQ1 – Is a nurse tank meeting the requirements of 173.315(m), subject to the emergency control requirements of 173.315(n)?\nQ2 – Do the nurse tank requirement in 173.315(m), standalone or are nurse tanks subject to other paragraphs within 173.315?\nQ3 – 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\nand/or a motor vehicle per 171.8?\nQ4 – If I have two nurse tanks, mounted side by side, on a farm wagon, with only 3 inches of clearance between the inboard sides\nof each tank, not visible during transportation, do the non-visible (inboard) sides of each nurse tank need to meet the placarding\nand marking requires, if the farm wagon is properly marked and placarded on each side and each end?\nRespectfully\n\n<<<PAGE 4>>>\n\nRex Railsback, HazMat/DOT Specialist\n913-568-3001\nrex@hazmatgeek.com\nwww.hazmatgeek.com\n312 Lawrence Ave\nLawrence, KS 66049\nThis electronic message and any files transmitted contains information from Railsback HazMat Safety Professionals, LLC which is privileged,\nconfidential or otherwise the exclusive property of the sender or intended recipient. If you are not the designated recipient, please be aware that any\ndissemination, distribution or copying of this communication is strictly prohibited.\nIf 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)\nand promptly destroy the original transmission.","truncated":false,"body_characters":4882}