Texas Farm Bureau — Hazardous Materials Safety Interpretation

Page 1• • of Transportation US. Department 400 Seventh Street, S.W. Washingion. D.C. research and 20590 administrations MAR - 3 2000 Mr. Ned Meister Director, Commodity and Ref. No: 99-0228 Texas Farm Bureal Regulatory Activities P.O. Box 2689 Waco, Texas 76702-3030 Dear Mr. Meister: This is in response to your letter, and subsequent telephone conversation with Diane LaValle, of my I apologize for the delay in response. staff, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are answered as follows: Q1. Are nurse tanks with a capacity of 3000 gallons or less that meet construction specifications required at the time of manufacture authorized for the transportation of anhydrous ammonia? A. As provided by § 173.315(m) a nurse tank transporting anhydrous ammonia, operated by a private carrier exclusively for agricultural purposes does not have to meet the specification requirements of 49 it was manufactured. CFR Part 178 if, among other criteria, it meets the requirements of the ASME code in effect at the time Q2. As provided by § 173.315(m)(5), a nurse tank transporting anhydrous ammonia may be loaded to a filling density no greater than 56 percent. Using the water weight factor of 8.32828 pounds per gallon, would a 3000 gallon tank loaded to 56% by weight have a maximum loaded weight of 13,991.51? [3000 X 8.32828 X 56%] A. The maximum weight of anhydrous ammonia authorized in this cargo tank is 13,991 pounds which does not include the weight of the cargo tank and motor vehicle. Q3. There is a difference in the maximum permitted filling densities in § 173.315(a) and § 173.304. Please explain the difference. A. Section 173.315 pertains to cargo tanks, whereas § 173.304 pertains to cylinders. 990228 173.315#

Page 2Q4. What arc the requirements of the Compressed Gas Association's (CGA) pamphlet S1.2? A. Pamphlet S1.2 may be purchased from the CGA. They may be contacted at (703) 412-0900. I hope this information is helpful. Sincerely, Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards#

Page 3TEXAS OFFICERS: BOARD OF DIRECTORS: -farm BOB STALLMAN President DAVID NOBLE BUREAU DONALD PATMAN DELMAS MCCORMICK BEGAN KIRK Vice President Floydada HORE SURAN DELMAS MCCORMICK IM SMITT Secretary-Treasurer DONALD PATMAN Vaxahachi MES MAXTO ANTONY HANER San Angel DERSCHKE unt Please Coshara URT MOWER ZACHARY X XANTA P.О. Box 2689 • Waco, exas 76702-2689 • 254-772-3030 DATE. ESKE talkelle. August 9, 19g99 Office of Standards Edward T. Mazzullo, Director Research and Special Programs Administration 99-0228 U.S. Department of Iransportation 400 Seventh Street, S.W. Washington, DC 20590 Dear Mr. Mazzullo: Texas farmers are concerned that state and federal agencies have a difference in the issues relating to anhydrous ammonia nurse tanks with a capacity of 3000 gallons or less are still unclear. Tank Specifications - Please verify that anhydrous ammonia nurse tanks with a capacity of 3000 gallons or less that meet construction specifications required at time of manufacture are compliant. Filling Density - A nurse tank can be loaded to a filling density no greater than 56 ensity at 56 percent by weight and 82 percent by volume. Using the water weight facts arcent [173.315 (m)(5)]. The table in 173.315 (a) lists the maximum permitted fillin of 8.32828 pounds per gallon (173.315 Note 1), would a 3000 gallon tank loaded to 56 X 56%)?* percent by weight have a maximum loaded weight of 13,991.51 pounds (3000 X 8.32828 Are the volume gauging devices correlated to the to the weight filling density? There is a difference in maximum permitted filling densities in the table in 173.315 (a) (56%) and the table in 173.304 (54%). Please explain the difference. ( Safety Relier Valves - Nurse tanks are to be equipped with safety relief valves that meet, Charging cylinders the requirements of CGA pamphlet S1.2 [173.315 (m)(2)]. What are these requirements? Financial Responsibility - What are the minimum levels of financial responsibility for the following scenarios (common farm truck and nurse tank combinations): 1. 2. Farm truck pulling a single nurse tank intrastate from supplier to farm? 3. F'arm truck pulling two nurse tanks intrastate from supplier to farm? Farm truck pulling a single nurse tank intrastate from farm to farm? 4. Farm truck pulling two nurse tanks intrastate from farm to farm? 5. Would the minimum levels of financial responsibility in the above four scenarios change if the nurse tanks were moved interstate?#

Page 4• Edward Mazzullo Page 2 8-9-99 6. What is the financial responsibility of a supplier who delivers anhydrous What is the financial responsibility of a supplier who makes that delivery ammonia in a nurse tank intrastate to the farm? interstate? Part 172 Requirements Subpart C - Shipping Papers Not required [173.315 (m)(7)]. 1. Does this exception apply to nurse tanks moved interstate? Subpart D - Marking. 1. What are the marking requirements for nurse tanks used to transport Subpart E - Labeling properly placarded? 1. Is there additional labeling required for nurse tanks if the tank is 2. if so, is there an illustration that shows the proper placement and content of the additional labels? Subpart F - Placarding 1. Please describe the placards required for nurse tanks by content and 2. Is there an illustration that shows the proper placement and content of placement. required placards? Subpart G - Emergency Response Information apers are not required for nurse tanks under 173.315 (m)(7 ot required if shipping papers are not required [172.600 (d)]. Shippin Subpart H - Training 1. Are farmers who use anhydrous ammonia nurse tanks required t rovide training to emplovees under 172.704? Other Issues in need of Clarification Mileage Limitation 1. Are all exemptions and exceptions limited to the intrastate transportation of anhydrous ammonia nurse tanks within a 150 mile radius of the farm? 2. Is the 150 mile radius rule applicable to transporting anhydrous ammonia nurse tanks interstate from farm to farm? Interstate from#

Page 5Edward Mazzullo Page 3 8-9-99 Hours of Service 1. Is there an hours of service standard that must be met by a farmer or Vehicle Maintenance intrastate subject to DOT inspections? Are they subject to DOT Are farm trucks used to transport anhydrous ammonia nurse tanks inspection if they are used interstate? Drug and Alcohol Testing requirements if transporting anhydrous ammonia nurse tanks? Are farmers or their employees subject to drug and alcohol testing Driver Qualifications Are there federal driver qualifications required for a farmer or his mployee when transporting anhydrous ammonia nurse tanks whe ! ngaged in normal farming activities Thank you for clarifying these important issues. It is our goal to assist farmers in Texas to be compliant when transporting anhydrous ammonia nurse tanks. Pet meister Ned Meister, Director Commodity and Regulatory Activities#