Interpretation Response #11-0116 ([Land O"Lakes Purina Feed, LLC] [Mr. Paul A. Luther, P.E.])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Land O"Lakes Purina Feed, LLC
Individual Name: Mr. Paul A. Luther, P.E.
Location State: MO Country: US
View the Interpretation Document
Response text:
August 22, 2011
Mr. Paul A. Luther, P.E.
EHS Manager
Land O"Lakes Purina Feed, LLC
555 Maryville University Dr, Suite 950
St. Louis, MO 63141
Ref. No. 11-0116
Dear Mr. Luther:
This responds to your May 17, 2011 request for clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your letter, you state that your company has two locations in Texas that manufacture liquid cattle feed. An ingredient of the cattle feed is anhydrous ammonia. On average, two to three nurse tanks containing anhydrous ammonia (1,000 gallons each) are delivered to these locations weekly. According to your letter, recently an inspector advised that you may not receive nurse tanks under the provisions of § 173.315(m). Specifically, you ask if the provisions of § 173.315(m) permit the transportation of nurse tanks containing anhydrous ammonia, which is an implement of husbandry, to be transported to the facilities involved in the manufacturing of liquid cattle feed.
The answer is no. The transportation of the nurse tanks, as described in your letter, does not satisfy the condition in § 173.315(m) that the transportation be conducted by a private carrier exclusively for agricultural purposes. Section 173.315(m) authorizes the transportation of anhydrous ammonia in a cargo tank that does not meet the specification requirements of part 178 (commonly known as a nurse tank and considered an implement of husbandry), and is operated by a private carrier exclusively for agricultural purposes provided that all the specified conditions are met. A private carrier is a carrier who transports the business"s own material and does not provide such transportation services to other businesses.
I hope this answers your inquiry. If you need additional assistance, please contact this office at (202) 366-8553.
Sincerely,
Ben Supko
Chief, Standards Development
Standards and Rulemaking Division
173.315(m)
Regulation Sections
| Section | Subject |
|---|---|
| 173.315 | Compressed gases in cargo tanks and portable tanks |