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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #05-0207 ([The Fertilizer Institute] [Ms. Pamela D. Guffain])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: The Fertilizer Institute

Individual Name: Ms. Pamela D. Guffain

Location State: DC Country: US

View the Interpretation Document

Response text:

Jan 5, 2006


Ms. Pamela D. Guffain                        Reference No. 05-0207
The Fertilizer Institute
Union Center Plaza
820 First Street, NE Suite 430
Washington, DC 20002

Dear Ms. Guffain:

This is in response to your August 19, 2C) 05 letter regarding transportation of anhydrous ammonia in nurse tanks under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). The Fertilizer Institute has been granted a special permit (DOT SP-l3554), which allows its members to use nurse tanks that have missing or unreadable nameplates, provided certain tests or re-tests are conducted. With your letter you include a proposed amendment to the Iowa Code that would allow ASME containers with missing or unreadable nameplates to have new nameplates installed. You ask that we review the Iowa Code amendment and interpret its relevance to your specia1 permit.

The transportation of anhydrous ammonia in commerce in non-DOT specification cargo tanks (nurse tanks) must conform to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Section 173.315(m) specifies the requirements for nurse tanks. In conformance with § 173.315(m) (1), each tank must be m in accordance with the edition of Section VIII of the AS Code that was incorporated by reference in § 171.7 at the time it was manufactured. The marking is the manufacturer’s certification that the tank conforms to all applicable ASME Code requirements. This marking includes the ASME code symbol stamped on the plate and only the original “U” stamp certificate holder is authorized to use that symbol.

Any nurse tank authorized under § 173.315(m) for which the ASME nameplate is missing or unreadable must be brought into compliance with the applicable marking requirements in the ASME Code. To do this, the owner of the nurse tank must first provide documentation to the original manufacturer that demonstrates that the nurse tank was designed and constructed in accordance with the ASME code. Once this occurs, the manufacturer will be in a position to issue and stamp a replacement ASME name plate. Replacement ASME name plates must be attached in accordance with the (NBIC) National Board Inspection Code, Part RB 1030 (b). The only other alternative is to apply for a new special permit or obtain party status to an applicable special permit as specified under Part 107, Subpart B.

I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.



Hattie L. Mitchell
Chief, Regulatory Review and Reinvention.
Off ice of Hazardous Materials Standards

173.315(M), 171.7

Regulation Sections

Section Subject
171.7 Reference material