{"operation":"document","citation":"99-0228","title":"Texas Farm Bureau — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-03-03","effective_on":null,"summary":"99-0228 response to Texas Farm Bureau concerning 173.315.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0228.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0228.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0228","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990228.pdf","body":"<<<PAGE 1>>>\n\n• •\nof Transportation\nUS. Department\n400 Seventh Street, S.W.\nWashingion. D.C.\nresearch and\n20590\nadministrations\nMAR - 3 2000\nMr. Ned Meister\nDirector, Commodity and\nRef. No: 99-0228\nTexas Farm Bureal\nRegulatory Activities\nP.O. Box 2689\nWaco, Texas 76702-3030\nDear Mr. Meister:\nThis is in response to your letter, and subsequent telephone conversation with Diane LaValle, of my\nI apologize for the delay in response.\nstaff, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nYour questions are answered as follows:\nQ1. Are nurse tanks with a capacity of 3000 gallons or less that meet construction specifications\nrequired at the time of manufacture authorized for the transportation of anhydrous ammonia?\nA. As provided by § 173.315(m) a nurse tank transporting anhydrous ammonia, operated by a private\ncarrier exclusively for agricultural purposes does not have to meet the specification requirements of 49\nit was manufactured.\nCFR Part 178 if, among other criteria, it meets the requirements of the ASME code in effect at the time\nQ2. As provided by § 173.315(m)(5), a nurse tank transporting anhydrous ammonia may be loaded to\na filling density no greater than 56 percent. Using the water weight factor of 8.32828 pounds per\ngallon, would a 3000 gallon tank loaded to 56% by weight have a maximum loaded weight of\n13,991.51? [3000 X 8.32828 X 56%]\nA. The maximum weight of anhydrous ammonia authorized in this cargo tank is 13,991 pounds which\ndoes not include the weight of the cargo tank and motor vehicle.\nQ3. There is a difference in the maximum permitted filling densities in § 173.315(a) and § 173.304.\nPlease explain the difference.\nA. Section 173.315 pertains to cargo tanks, whereas § 173.304 pertains to cylinders.\n990228\n173.315\n\n<<<PAGE 2>>>\n\nQ4. What arc the requirements of the Compressed Gas Association's (CGA) pamphlet S1.2?\nA. Pamphlet S1.2 may be purchased from the CGA. They may be contacted at (703) 412-0900.\nI hope this information is helpful.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nTEXAS\nOFFICERS:\nBOARD OF DIRECTORS:\n-farm\nBOB STALLMAN\nPresident\nDAVID NOBLE\nBUREAU\nDONALD PATMAN\nDELMAS MCCORMICK\nBEGAN KIRK\nVice President\nFloydada\nHORE SURAN\nDELMAS MCCORMICK\nIM SMITT\nSecretary-Treasurer\nDONALD PATMAN\nVaxahachi\nMES MAXTO\nANTONY HANER\nSan Angel DERSCHKE\nunt Please\nCoshara\nURT MOWER\nZACHARY X XANTA\nP.О. Box 2689 • Waco, exas 76702-2689 • 254-772-3030\nDATE. ESKE\ntalkelle.\nAugust 9, 19g99\nOffice of Standards\nEdward T. Mazzullo, Director\nResearch and Special Programs Administration\n99-0228\nU.S. Department of Iransportation\n400 Seventh Street, S.W.\nWashington, DC 20590\nDear Mr. Mazzullo:\nTexas farmers are concerned that state and federal agencies have a difference in the\nissues relating to anhydrous ammonia nurse tanks with a capacity of 3000 gallons or less\nare still unclear.\nTank Specifications - Please verify that anhydrous ammonia nurse tanks with a capacity\nof 3000 gallons or less that meet construction specifications required at time of\nmanufacture are compliant.\nFilling Density - A nurse tank can be loaded to a filling density no greater than 56\nensity at 56 percent by weight and 82 percent by volume. Using the water weight facts\narcent [173.315 (m)(5)]. The table in 173.315 (a) lists the maximum permitted fillin\nof 8.32828 pounds per gallon (173.315 Note 1), would a 3000 gallon tank loaded to 56\nX 56%)?*\npercent by weight have a maximum loaded weight of 13,991.51 pounds (3000 X 8.32828\nAre the volume gauging devices correlated to the to the weight filling density?\nThere is a difference in maximum permitted filling densities in the table in 173.315 (a)\n(56%) and the table in 173.304 (54%). Please explain the difference.\n( Safety Relier Valves - Nurse tanks are to be equipped with safety relief valves that meet,\nCharging cylinders\nthe requirements of CGA pamphlet S1.2 [173.315 (m)(2)]. What are these requirements?\nFinancial Responsibility - What are the minimum levels of financial responsibility for\nthe following scenarios (common farm truck and nurse tank combinations):\n1.\n2.\nFarm truck pulling a single nurse tank intrastate from supplier to farm?\n3.\nF'arm truck pulling two nurse tanks intrastate from supplier to farm?\nFarm truck pulling a single nurse tank intrastate from farm to farm?\n4.\nFarm truck pulling two nurse tanks intrastate from farm to farm?\n5.\nWould the minimum levels of financial responsibility in the above four scenarios\nchange if the nurse tanks were moved interstate?\n\n<<<PAGE 4>>>\n\n•\nEdward Mazzullo\nPage 2\n8-9-99\n6.\nWhat is the financial responsibility of a supplier who delivers anhydrous\nWhat is the financial responsibility of a supplier who makes that delivery\nammonia in a nurse tank intrastate to the farm?\ninterstate?\nPart 172 Requirements\nSubpart C - Shipping Papers\nNot required [173.315 (m)(7)].\n1. Does this exception apply to nurse tanks moved interstate?\nSubpart D - Marking.\n1. What are the marking requirements for nurse tanks used to transport\nSubpart E - Labeling\nproperly placarded?\n1. Is there additional labeling required for nurse tanks if the tank is\n2. if so, is there an illustration that shows the proper placement and\ncontent of the additional labels?\nSubpart F - Placarding\n1. Please describe the placards required for nurse tanks by content and\n2. Is there an illustration that shows the proper placement and content of\nplacement.\nrequired placards?\nSubpart G - Emergency Response Information\napers are not required for nurse tanks under 173.315 (m)(7\not required if shipping papers are not required [172.600 (d)]. Shippin\nSubpart H - Training\n1. Are farmers who use anhydrous ammonia nurse tanks required t\nrovide training to emplovees under 172.704?\nOther Issues in need of Clarification\nMileage Limitation\n1. Are all exemptions and exceptions limited to the intrastate\ntransportation of anhydrous ammonia nurse tanks within a 150 mile radius\nof the farm?\n2. Is the 150 mile radius rule applicable to transporting anhydrous\nammonia nurse tanks interstate from farm to farm? Interstate from\n\n<<<PAGE 5>>>\n\nEdward Mazzullo\nPage 3\n8-9-99\nHours of Service\n1. Is there an hours of service standard that must be met by a farmer or\nVehicle Maintenance\nintrastate subject to DOT inspections? Are they subject to DOT\nAre farm trucks used to transport anhydrous ammonia nurse tanks\ninspection if they are used interstate?\nDrug and Alcohol Testing\nrequirements if transporting anhydrous ammonia nurse tanks?\nAre farmers or their employees subject to drug and alcohol testing\nDriver Qualifications\nAre there federal driver qualifications required for a farmer or his\nmployee when transporting anhydrous ammonia nurse tanks whe\n!\nngaged in normal farming activities\nThank you for clarifying these important issues. It is our goal to assist farmers in Texas\nto be compliant when transporting anhydrous ammonia nurse tanks.\nPet meister\nNed Meister, Director\nCommodity and Regulatory Activities","truncated":false,"body_characters":7031}