Interpretation Response #16-0120 ([OneCIS Insurance Company] [Mr. Frank Hamtak])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: OneCIS Insurance Company
Individual Name: Mr. Frank Hamtak
Location State: TX Country: US
View the Interpretation Document
Response text:
March 03, 2017
Frank Hamtak
OneCIS Insurance Company
16800 Greenspoint Park Drive
Suite 300S
Houston, TX 77060
Reference No. 16-0120
Dear Mr. Hamtak,
This letter is in response to your June 30, 2016, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to nurse tanks that are used as an implement of husbandry. Specifically, you ask about post-construction activities—which include inspection, repair, alteration, and modification—as they relate to § 173.315(m)(1)(i).
We have paraphrased and answered your questions as follows:
Q1. You seek confirmation of your understanding that the National Board Inspection Code (NBIC) is applicable for post-construction activities when carried out on Department of Transportation (DOT) specification packages that are constructed to the American Society of Mechanical Engineers (ASME) Code Section VIII, Division I.
A1. Your understanding is correct. However, nurse tanks authorized under § 173.315(m) are non-DOT specification cargo tanks and, therefore, are not subject to the qualification and maintenance requirements in Part 180, Subpart E. Note that nurse tanks are subject to the general packaging requirements in § 173.24.
Q2. You ask what criteria shall be used to affect repairs, alterations, or modifications to ASME-marked wagon-mounted nurse tanks that are used as an implement of husbandry.
A2. The HMR do not specify criteria for repairs for these non-DOT specification packagings. Once nurse tanks are placed into service, the responsibility for operation and maintenance of the tanks has traditionally shifted to each State to enforce the requirements of the voluntary consensus standard, ANSI K-6.1/CGA G-2.1 - Safety Requirements for the Storage and Handling of Anhydrous Ammonia. This document requires nurse tanks to be repaired to restore the tank "without deviation" to the original code of construction.
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
173.315(m)(1)(i), 173.315(m), 173.24