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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 #19-0047

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

Interpretation Response Details

Response Publish Date:

Company Name:

Individual Name: Mr. Donald Brittingham

Location State: MD Country: US

View the Interpretation Document

Response text:

October 2, 2019

Mr. Donald Brittingham
208 143rd Street
Ocean City, MD  21842

Reference No. 19-0047

Dear Mr. Brittingham:

This letter is in response to your April 5, 2019, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to nurse tanks. Specifically, you ask several questions regarding the inspection and testing of nurse tanks when securely mounted to a field truck, farm wagon, or an applicator trailer. We have paraphrased your questions and answered them in the order you provided.

Q1. You ask whether a nurse tank securely mounted on a field truck is required to be tested in conformance with the § 180.407(h) leakage test, as prescribed in § 173.315(m)(3)(ii).

A1. The answer is yes. When securely mounted to a field truck, a nurse tank must comply with the provisions in § 173.315(m)(3), which include the applicable testing and inspection requirements for an MC 331 cargo tank under subpart E of part 180, (Qualification and Maintenance of Cargo Tanks). See § 173.315(m)(3)(ii).

Q2. You ask whether the leakage test in § 180.407(h) applies to all nurse tanks regardless of their placement on a field truck, farm wagon, or applicator trailer.

A2. The answer is no. Only nurse tanks securely mounted on a field truck in accordance with § 173.315(m)(3) are subject to a leakage test as prescribed in § 180.407(h).

Q3. You ask whether rollover protection, prescribed in § 178.337-10 as "accident damage protection," for an MC 331 cargo tank motor vehicle is required on a nurse tank mounted on a farm wagon, applicator trailer, or field truck.

A3. The answer is no. The HMR do not require accident damage protection for non-specification nurse tanks under § 173.315(m).

I hope this information is helpful. Please contact us if we can be of further assistance.


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

180.407(h), 173.315(m)(3)(ii), 173.315(m)(3), 178.337-10, 173.315(m)

Regulation Sections

Section Subject
173.315 Compressed gases in cargo tanks and portable tanks
178.337-10 Accident damage protection
180.407 Requirements for test and inspection of specification cargo tanks