{"operation":"document","citation":"11-0116","title":"Land O\"Lakes Purina Feed, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-08-22","effective_on":null,"summary":"11-0116 response to Land O\"Lakes Purina Feed, LLC concerning 173.315.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0116.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0116.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0116","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110116.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue SE\nU.S. Department Washington. DC 20590\nof Transportation\nPipeline and Hazardous AUG 22 2011\nMaterials Safety\nAdministration\nMr. Paul A. Luther, P.E.\nEHS Manager\nLand Q'Lakes Purina Feed, LLC\n555 Maryville University Dr, Suite 950\nSt. Louis. MO 63141\nRef. No. 11-0116\nDear Mr. Luther:\nThis responds to your May 17,2011 request for clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). In your letter, you state that your company has\ntwo locations in Texas that manufacture liquid cattle feed. An ingredient of the cattle feed is\nanhydrous ammonia. On average, two to three nurse tanks containing anhydrous ammonia\n(1,000 gallons each) are delivered to these locations weekly. According to your letter,\nrecently an inspector advised that you may not receive nurse tanks under the provisions of\n§ 173.315(m). Specifically, you ask if the provisions of § 173.315(m) permit the\ntransportation of nurse tanks containing anhydrous ammonia, which is an implement of\nhusbandry, to be transported to the facilities involved in the manufacturing of liquid cattle\nfeed.\nThe answer is no. The transportation ofthe nurse tanks, as described in your letter, does not\nsatisfy the condition in § 173.3 15(m) that the transportation be conducted by a private carrier\nexclusively for agricultural purposes. Section 173.315(m) authorizes the transportation of\nanhydrous ammonia in a cargo tank that does not meet the specification requirements of part\n178 (commonly known as a nurse tank and considered an implement of husbandry), and is\noperated by a private carrier exclusively for agricultural purposes provided that all the\nspecified conditions are met. A private carrier is a carrier who transports the business's own\nmaterial and does not provide such transportation services to other businesses.\nI hope this answers your inquiry. If you need additional assistance, please contact this office\nat (202) 366-8553.\nSi~S-~\nBen Supko\nChief. Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nLand Q'Lakes Purina Feed LLC .\nE:,Mlen lQ.J.ih\n2S I,S· 5/5 em)\nt\\J U is-eo TC({) k~\n11-0\"6\nMay 17,2011\nCharles Betts\nDivision Director\nStandards and Rulemaking\nPipeline Hazardous Materials Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE\nWashington, D.C.\nDear Mr. Betts:\nI am Paul A. Luther, P.E., Environmental Health and Safety Manager, for Land O'Lakes Purina Feed,\nLLC. One ofour company's facilities in Hereford, Texas as well as their supplier of anhydrous ammonia\nrecently experienced a DOT Hazardous Materials inspection and I am requesting an official interpretation\nfrom your agency on what we have been told.\nLand O'Lakes Purina Feed is a diverse agricultural company with manufacturing locations in 28 states.\nIn Texas, we have two facilities that manufacture liquid cattle feed. They are located in Herford and\nRosenberg, Texas. A critical ingredient in our liquid cattle feed is anhydrous ammonia. Our Hereford,\nTexas facility does not have permanent fixed storage so Land O'Lakes Purina Feed receives the\nanhydrous ammonia by nurse tanks. On average two to three nurse tanks, with a capacity of 1,000\ngallons each, are received weekly. We have operated in this manner for over two decades at each\nlocation.\nThe inspector has advised that we cannot receive nurse tanks under the provisions in 49 CFR 173.315(m).\nNurse tanks do not meet the specifications in 49 CFR Part 178 and for that reason 173.315(m) was\nadopted.\nWe are requesting an interpretation of 49 CFR 173.315(m) to allow the use of non-DOT specification\ncargo tanks (commonly referred to as nurse tanks and considered an implement of husbandry) for\ntransportation of anhydrous ammonia to facilities involved in the manufacturing ofliquid cattle feed.\nIf you have any questions regarding this issue, I can be reached by telephone at (636) 742-6235 or via email\nat 12luther(ti)landolakes.com.\nSincerely,\nPaul A. Luther, P.E.\nEHS Manager\nLand O'Lakes Purina Feed, LLC","truncated":false,"body_characters":4034}