Minnesota Department of Transportation — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department JAN 11 2005 400 Seventh St., S.W. Washington, D.C. 20590 Research and Administration Special Programs Mr. Michael Ritchie Ref. No. 03-0220 Hazardous Materials Specialist Minnesota Department of Transportation Office of Freight and Commercial Vehicle Operations 1110 Centre Pointe Curve MS 420 Mendota Heights, MN 55120 Dear Mr. Ritchie: This responds to your letter requesting clarification of the agricultural exceptions under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). I apologize for the delay in responding. Your questions are answered as follows: 5 1. 8, on ocal Ford around his or hot tato conforming state law or rule authorizing these exceptions before October 1, 1998? Al. No. As specified in § 173.5 (a) (2), the movement of the agricultural product (other than Class 2 materials) must conform to requirements of the State and be specifically authorized by the State prior to October 1, 1998. Q2. If state laws or rules in force before October 1, 1998 provided limited exceptions to the HMR, such as Minnesota's exception from shipping papers, are intrastate farmers entitled only to those limited exceptions authorized by State laws or rules? Yes, intrastate farmers may only use those exceptions authorized by the state that are also authorized under § 173.5. If a Minnesota farmer is excepted from shipping papers, subject to the limitations in state law, is that farmer excepted from subpart G of part 172 since the farmer does not need a shipping paper? 030220 173.5#

Page 2Yes, under certain conditions. Under § 172.600 (d), the requirements of subpart G of part 172 do not apply to a hazardous material that is excepted from the shipping paper requirements of the HMR. A shipping paper is, however, required for Class 2 materials transported under § 173.5 (a) and always required under § 173.5 (b) regardless of the material transported. Because the shipping paper exception for the intrastate farmers of Minnesota was in place prior to October 1, 1998, they are eligible for the exception from subpart G of part 172, when appropriate. However, a state may amend its statutes and mandate that intrastate farmers comply with the emergency response information requirements of the HMR regardless of whether a shipping paper is needed or not. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, Elena 2. 7 Mazulle Director, Office of Hazardous Materials Standards#

Page 3WHINESOTA ATION Minnesota Department of Transportation Office of Motor Carrier Services Mail Stop 420 1110 Centre Pointe Curve Stevens Tel: 651/405-6060 Mendota Heights, MN 55120-4152 Fax: 651/405-6082 3113.5 Agricultural Exceptions August 25, 2003 Mr. Edward Mazzulo Director, Office of Hazardous Materials Standards Research and Special Programs Administration USDOT DHM-10 400 Seventh St. S.W. Washington, D.C. 20590-0001 Re: Agricultural Operations for Intrastate Farmers- 49 CFR 173.5 Dear Mr. Mazzulo, The Office of Freight and Commercial Vehicle Operations is working with our partners at the Federal Motor Carrier Safety Administration on identifying State law or rules that are possibly inconsistent with federal transportation regulations. This process may lead to proposals to our state legislature to change or modify state laws. the federal hazardous materials regulations (HMR) in 49 CFR parts 171 to 199. In 1983, the State of Minnesota adopted by statutory reference, in Minn. Stat. 221.033, Subdivision 2 of Minn. Stat. 221.033 granted exceptions to intrastate farmers from the hazardous materials shipping paper requirements in 49 CFR §§ 172.200 and 177.817, and from some limited provisions of the motor carrier safety regulations in 49 CPR parts 391 that meet the definition of agricultural products in 49 CFR 171.8, that are being and 397. The exceptions provided in this statute apply to fuels and agricultural chemicals transported for use on the transporters farm. No other exceptions from the HMR were 49 CFR 173.5 (a) excepts farmers hauling agricultural products, other than class 2 materials, from the subchapter if the farmer is an intrastate private carrier, and the movement of the agricultural product conforms to State laws or rules in effect before October 1; 1998. Paragraph (b) of that section grants exceptions from hazmat training and emergency response information requirements for intrastate farmers for agricultural products carried in a single vehicle with restrictions on quantity, if the movement conforms to state laws in effect before October 1, 1998 An equal opportunity employer#

Page 4May an intrastate farmer use the exception in 49 CFR 173.5 (a) and transport agricultural products, as defined in § 171.8, on local roads around their farm and be excepted from the provisions of the subchapter, if there was no conforming State law or rule authorizing these exceptions before October 1, 1998? If State laws or rules in force before October 1, 1998, provided limited exceptions to the HMR, such as Minnesota's exception from shipping papers, are intrastate farmers entitled only to those limited exceptions authorized by State laws or rules? If the Minnesota farmer is excepted from shipping papers, subject to the limitations in state law, is that farmer excepted from Subpart G of Part 172, since the farmer does not need a shipping paper? § 221.033 for your review. If you or your staff has any questions, please contact me. Thank you for your consideration of these issues. I have attached a copy of Minn.Stat. Yours truly, Michael Ritchie Hazardous Materials Specialist Minnesota Department of Transportation Office of Freight and Commercial Vehicle Operations 1110 Centre Pointe Curve MS 420 Mendota Heights, MN 55120 (651) 405-6120 michael.ritchie@dot.state.mn.us#

Page 5Minnesota Statutes 2002, 221.033 Page 1 of 2 Minnesota Statutes 2002, Table of Chapters Table of contents for Chapter 221 221.033 Regulation of hazardous materials. subdivisions 2 to 3, no person may transport Except as provided in tor transportation within the state of Minnesota a hazardous or offer or accept material, hazardous substance, or hazardous waste except in compliance with United States 1811 and the provisions of Code of Code, title 49, Federal Regulations, title sections 1801 to 49, parts 171 to 199. in intrastate commerce to the same extent they apply to Those provisions apply to transportation transportation in interstate commerce. applies Suba. 2. persons Exemption for farmer. engaged in intrastate commerce. (a) This subdivision gasoline, agricultural Farmers or their employees transporting diesel fuel, for use on the transporter's farm are not required to comply chemicals, or agricultural fertilizers for driver qualifications or with the shipping paper with the rules adopted in section 221.0314, subdivisions 2 to 5, requirements of the Code of Federal Regulations, sections 172.200 and 177.817 or with section 397.7 (B) title 49, of the Federal Motor Carrier Safety Regulations when: truck vehicles of less than 1,500-gallon capacity owned by the (1) transporting diesel fuel or gasoline in motorized tank transporter, or in tanks securely mounted in other motor and owned by the transporter; or fertilizers. (2) transporting agricultural chemicals and agricultural subdivision applies to persons engaged in intrastate commerce. Subd. 2a. Agriculturally related exemption. (a) This employees are exempt from the rule in section 221.0314. (b) Fertilizer and agricultural chemical retailers or their of age when: subdivision 4, requiring that drivers must be at least 21 years or agricultural chemicals directly to a farm for on-farm use (1) the retailer or its employee is transporting fertilizer within a radius of 50 miles of the retailer's business location; years of age. (2) the driver employed by the retailer is at least 18 of Federal Regulations, title 49, sections 180.405, paragraphs Subd. 2b. Cargo tank. (a) The requirements in Code (b) , (c), (g), (h), and (j) and 180.407, paragraphs (c), (d). tanks Of ), (e) 3,500 gallons capacity that transport gasoline in (f), (g), (h), and (i) do not apply to cargo this subdivision: intrastate commerce if before providing transportation under http://www.revisor.leg.state.mn.us/stats/221/033.html 8/25/2003#

Page 6Minnesota Statutes 2002, 221.033 Page 2 of 2 commissioner with evidence that the cargo tank was manufactured (1) the owner or operator of the cargo tank provides the Federal Regulations, title 49, ccording to the cargo tank specification regulations in Code o amended through November 1, 1985; sections 178.340 to 178.341-7, a: in the vehicle to which the cargo tank is attached; and (2) a copy of the evidence described in clause (1) is kept from the cargo tank or covered. (3) the manufacturer's metal certification plate is removed (b) A cargo tank operated under this subdivision must: manner prescribed by the commissioner, and a copy of each (2) be visually inspected monthly by the operator in a place of business for at least one year beyond the date of the monthly inspection must be kept at the operator's principal inspection. subdivision that (1) violates (c) No person may operate a cargo tank described in this gasoline from any portion of the tank that regularly contains paragraph (a) or (b), or (2) leaks gasoline. provide the evidence described in this subdivision. (d) The commissioner shall keep record of persons who driver of a motorized tank truck vehicle having a capacity of Age of petroleum tank truck driver. less than 3,500 gallons, who is engaged in the intrastate transportation of petroleum products, must be at least 18 years adopt rules which provide a procedure for granting a variance Variance, rules. The commissioner shall from those rules adopted under subdivision 1 which prescribe specifications for tank motor vehicles used to transport vehicles with a capacity of 3,000 gallons or less that are used The variance may be granted only for tank motor between 1950 and 1975 to transport petroleum products. to transport gasoline and which were designed and manufactured the safety of the tank motor vehicles operated under the commissioner shall prescribe alternative requirements to assure under the variance. variance, and shall register each tank motor vehicle operated Subd. 4. MS 1992 Repealed, 1994 c 589 s 8 Subd. 4. MS 1996 Repealed, 1998 c 310 s 8 c 398 art 24 s 1; 1986 c 454 s 27; 1990 c HIST: 1983 c 371 s 22; 1985 c 248 s 70; 1985 c 299 s 20; 1986 art 4 s 10; 1991 c 333 s 34; 1992 c 578 s 29-32; 1993 c 117 s 588 s 2; 1991 c 298 230 s 26 22,23; 1994 c 589 s 3,4; 1996 c 387 s 4; 1996 c 456 s 23; 1999 c Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor.leg.state.mn.us/stats/221/033.html 8/25/2003#