Interpretation Response #12-0203 ([Minnesota Department of Agriculture] [Mr. Ed Kaiser])

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

Interpretation Response Details

Response Publish Date: 02/05/2013

Company Name: Minnesota Department of Agriculture

Individual Name: Mr. Ed Kaiser

Location State: MN Country: US

View the Interpretation Document

Response text:

February 5, 2013

Mr. Ed Kaiser
Inspection & Permitting Unit
Regulatory & Response Section
Pesticide & Fertilizer Management Division
Minnesota Department of Agriculture
625 Robert Street North, 2nd Floor
Orville Freeman Office Building
St. Paul, MN  55155

Reference No.12-0203

Dear Mr. Kaiser:

This is in response to your e-mail requesting clarification of the Hazardous Materials Regulations applicable to the transportation of compressed gases in nurse tanks.  Specifically, you ask questions pertaining to § 173.315(m)(3)(iii), as revised in the final rule, "Hazardous Materials: Incorporation of Certain Cargo Tank Special Permits into Regulations," under Docket Number 2010-0017 (HM-245), published on February 1, 2011 [76 FR 5483].  Your questions are paraphrased and answered as follows:

Q1.      What is the definition of "rural roads" as used in § 173.315(m)(3)(iii)?

A1.      The HMR do not define rural roads.  Generally, these vehicles are not designed for use on the interstate system.  They are intended to be used on local roads, near farms, etc.  In accordance with § 173.315(m)(3)(iv), these vehicles must be restricted to rural roads in areas within 50 miles of the fertilizer distribution points.

Q2.      What specific type of roads cannot be used by field trucks?  

A2.      See the response to Q1.  Section 173.315(m)(3)(iv) provides for field truck mounted nurse tanks to be restricted to rural roads in areas within 50 miles of the fertilizer distribution point where the nurse tank is loaded.

Q3.      What does the statement in § 173.315(m)(3)(iv) mean that specifies the field truck must have low annual over-the-road mileage?  What parameters are used to determine this?

A3.      Again, these vehicles are primarily used in off-road driving in hilly terrain.  They are not designed or intended to be used as transport vehicles in the transportation of hazardous materials.  

        
Q4.      What does it mean and does the HMR provide for requirements regarding the statement in § 173.315(m)(3)(iv) that specifies stiffer suspension (e.g., additional springs or airbags) rear axle ratio that provides greater low end torque (assuming that the field truck must have a switch that switches the rear differentials from the high end torque of road travel to the low end torque for traveling in the field), the braking system, and tires?

A4.      The HMR do not prescribe specific definitions for these terms.  These vehicles are set up for off-road use in hilly areas and not for general highway use. 

Q5.      Are nurse tanks loaded on a "DOT specification farm truck unit" intended to be loaded from a retail facility?  What is the Pipeline and Hazardous Materials Safety Administration's (PHMSA's) interpretation of where a field truck unit can be loaded regarding retail or terminal, and is the 50-mile limitation a factor in determining where a field truck unit can be loaded?

A5.      The HMR do not define whether it is a retail or terminal distributor of the ammonia.  The unit can be loaded within 50 miles of the fertilizer distribution point. 

Q6.      Is the 50 mile limitation a factor in determining where a field truck unit can be loaded?  (See § 173.315(m)(3)(iii)), noting the 50 mile limitation.)

A6.      Yes, see above.

I hope this information is helpful.  Please contact this office should you have additional questions.

Sincerely,

T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division 

173.315(m)(3)

Regulation Sections