{"operation":"document","citation":"25-0056","title":"Commercial Vehicle Safety Alliance — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2025-09-18","effective_on":null,"summary":"25-0056 response to Commercial Vehicle Safety Alliance concerning 172.328, 173.315.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0056.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0056.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0056","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2025-12/250056.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nSeptember 18, 2025\nCollin B. Mooney, MPA, CAE\nExecutive Director\nCommercial Vehicle Safety Alliance\n99 M Street, SE, Suite 1025\nWashington, DC 20003\nReference No. 25-0056\nDear Mr. Mooney:\nThis letter is in response to your email requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to the marking requirements for nurse\ntanks. In your email, you state that § 173.315(m) allows for the use of a cargo tank, commonly\nknown as a nurse tank, to transport anhydrous ammonia for agricultural purposes. You further\nstate that § 173.315(m)(1)(vii) allows for the nurse tanks not to be marked or placarded on one\nend if that end contains valves, fittings, regulators or gauges when those appurtenances prevent\nthe markings and placard from being properly placed and visible. You contend that there is\nconfusion because § 172.328(b) states that “except for certain nurse tanks which must be\nmarked as specified in § 173.315(m), each cargo tank transporting a Class 2 material subject to\nthe HMR must be marked, in lettering no less than 50 mm (2.0 inches), on each side and each\nend with the proper shipping name or appropriate common name.” Lastly, you state that the\nphrase, “except for certain nurse tanks” leads to confusion for enforcement personnel because\nit implies that certain nurse tanks require the proper shipping name or common name marking\nwhile others may not. You ask for clarification on whether this is the case.\nThe phrase “except for certain nurse tanks” refers to those nurse tanks meeting the singular\nexception provided for marking in § 173.315(m)(1)(vii)—those nurse tanks where valves,\nfittings, regulators or gauges prevent the markings and placard from being properly placed and\n\n<<>>\n\nvisible on one end. In that case, the affected end need not be placarded or marked. Otherwise,\nall nurse tanks must be marked with the proper shipping name or common name on each side\nand each end as required by § 172.328(b).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nAlexander Wolcott\nActing Chief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\n25-0056\nLarson\nPollack, Arthur (PHMSA)\nFrom: Adrienne Gildea \nSent: Thursday, May 30, 2024 3:35 PM\nTo: Kelley, Shane (PHMSA)\nCc: Collin Mooney; Bill Reese\nSubject: Letter to PHMSA Requesting Interpretation Regarding PSN Display on Nurse Tanks\nAttachments: Letter to PHMSA Requesting Interpretation Regarding PSN Display on Nurse Tanks.pdf\nGood a ernoon Mr. Kelley,\nA ached, please find a le er reques ng clarifica on regarding the requirements for marking the proper shipping name\non a nurse tank.\nWe appreciate your considera on of this request.\nThank you,\nAdrienne\nAdrienne Gildea, CAE\nDeputy Execu ve Director\nadrienne.gildea@cvsa.org\nDirect: 202-998-1009\nMobile: 202-213-5890\n99 M Street, SE, Suite 1025\nWashington, DC 20003\nPhone: 202-998-1002\nwww.cvsa.org\nTo help protect y ou\nMicrosoft Office pre\nautomatic download\nfrom the Internet.\nfacebook\nTo help protect y ou\nMicrosoft Office pre\nautomatic download\nfrom the Internet.\ntwitter\nTo help protect y ou\nMicrosoft Office pre\nautomatic download\nfrom the Internet.\nlinkedin\nTo help protect y ou\nMicrosoft Office pre\nautomatic download\nfrom the Internet.\nvimeo\n1\n\n<<>>\n\nMay 30, 2024\nMr. Shane Kelley\nDirector, Standards and Rulemaking Division (PHH-10)\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave. SE\nWashington, DC 20590\nRE: Clarification of the requirements in § 172.328(b)(1) that the proper shipping name be marked on a nurse\ntank\nDear Director Kelley,\nThe Commercial Vehicle Safety Alliance (CVSA) requests clarification from the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) regarding the requirements for marking the proper shipping name on a nurse tank.\nCurrently, § 173.315(m) allows for the use of a cargo tank, commonly known as a nurse tank, to transport\nanhydrous ammonia for agricultural purposes. Further, § 173.315(m)(1)(vii) requires these tanks be operated in\nconformance with 49 Code of Federal Regulations Part 172, with the exception that shipping papers are not\nrequired and the end of a tank that contains valves, fittings, regulators or gauges need not be marked or placarded.\nHowever, § 172.328(b) requires that “except for certain nurse tanks…” the proper shipping name or common\nname be marked on a nurse tank transporting a Class 2 material. This wording has led to confusion as to whether\nor not the proper shipping name is required to be marked on a nurse tank. Further, the language “certain nurse\ntanks” leads to additional confusion regarding whether it should be interpreted that the proper shipping name is\nrequired on some nurse tanks but not required on others.\nCVSA is a nonprofit organization comprised of local, state, provincial, territorial and federal commercial motor\nvehicle safety officials and industry representatives. The Alliance aims to prevent commercial motor vehicle\ncrashes, injuries and fatalities and believes that collaboration between government and industry improves road\nsafety and saves lives. Our mission is to improve commercial motor vehicle safety and enforcement by providing\nguidance, education and advocacy for enforcement and industry across North America.\n\n<<>>\n\nRequest\nCVSA requests that PHMSA issue guidance on whether § 172.328(b) requires the proper shipping name or\ncommon name to be marked on all nurse tanks and clarify the meaning of the term “certain nurse tanks” as used\nin that section.\nJustification\nAs noted above, there is confusion regarding the requirement for nurse tanks transporting anhydrous ammonia\nto be marked with the proper shipping name, and whether this requirement applies to all nurse tanks or not.\nCVSA has a cooperative agreement with the Federal Motor Carrier Safety Administration to provide required\ncertification training for state and local law enforcement officers in the proper procedures to conduct roadside\ninspections of commercial motor vehicles. To ensure the regulations are being enforced correctly and inspectors\nare receiving accurate training instruction regarding marking requirements for nurse tanks transporting\nanhydrous ammonia, CVSA is requesting clarification to the questions posed above. PHMSA’s guidance on this\nmatter will ensure CVSA provides the correct guidance to the state and local officials conducting roadside\ninspections.\nCVSA works to closely monitor, evaluate and identify potentially unsafe transportation processes and procedures\nas well as to help facilitate and implement best practices for enhancing safety on our roadways. Commercial\nmotor vehicle safety continues to be a challenge and we need the involvement of all affected parties to help us\nbetter understand these issues and put into place practical solutions. We appreciate the agency’s commitment\nto safety and stakeholder involvement.\nIf you have further questions or comments, please do not hesitate to contact me at 202-998-1008 or\ncollin.mooney@cvsa.org.\nRespectfully,\nCollin B. Mooney, MPA, CAE\nExecutive Director\nCommercial Vehicle Safety Alliance\n2","truncated":false,"body_characters":7400}