{"operation":"document","citation":"03-0220","title":"Minnesota Department of Transportation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-01-11","effective_on":null,"summary":"03-0220 response to Minnesota Department of Transportation concerning 173.5.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0220.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0220.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0220","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030220.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nJAN 11 2005\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nAdministration\nSpecial Programs\nMr. Michael Ritchie\nRef. No. 03-0220\nHazardous Materials Specialist\nMinnesota Department of Transportation\nOffice of Freight and Commercial\nVehicle Operations\n1110 Centre Pointe Curve\nMS 420\nMendota Heights, MN 55120\nDear Mr. Ritchie:\nThis responds to your letter requesting clarification of the\nagricultural exceptions under the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). I apologize for the\ndelay in responding. Your questions are answered as follows:\n5 1. 8, on ocal Ford around his or hot tato\nconforming state law or rule authorizing these exceptions before\nOctober 1, 1998?\nAl. No. As specified in § 173.5 (a) (2), the movement of the\nagricultural product (other than Class 2 materials) must conform\nto requirements of the State and be specifically authorized by\nthe State\nprior to October 1, 1998.\nQ2. If state laws or rules in force before October 1, 1998\nprovided limited exceptions to the HMR, such as Minnesota's\nexception from shipping papers, are intrastate farmers entitled\nonly to those limited exceptions authorized by State laws or\nrules?\nYes,\nintrastate farmers may only use those exceptions\nauthorized by the state\nthat are also\nauthorized under § 173.5.\nIf a Minnesota farmer is excepted from shipping papers,\nsubject to the limitations in state law, is that farmer excepted\nfrom subpart G of part 172 since the farmer does not need a\nshipping paper?\n030220\n173.5\n\n<<<PAGE 2>>>\n\nYes, under certain conditions.\nUnder § 172.600 (d), the\nrequirements of subpart G of part 172 do not apply to a\nhazardous material that is excepted from the shipping paper\nrequirements of the HMR.\nA shipping paper is, however, required\nfor Class 2 materials transported under § 173.5 (a) and always\nrequired under § 173.5 (b) regardless of the material\ntransported.\nBecause the shipping paper exception for the\nintrastate farmers of Minnesota was in place prior to October 1,\n1998, they are eligible for the exception from subpart G of part\n172, when appropriate. However, a state may amend its statutes\nand mandate that intrastate farmers comply with the emergency\nresponse information requirements of the HMR regardless of\nwhether a shipping paper is needed or not.\nI trust this satisfies your inquiry. Please contact us if we\ncan be of further assistance.\nSincerely,\nElena 2. 7 Mazulle\nDirector, Office of Hazardous\nMaterials Standards\n\n<<<PAGE 3>>>\n\nWHINESOTA\nATION\nMinnesota Department of Transportation\nOffice of Motor Carrier Services\nMail Stop 420\n1110 Centre Pointe Curve\nStevens\nTel: 651/405-6060\nMendota Heights, MN 55120-4152\nFax: 651/405-6082\n3113.5\nAgricultural Exceptions\nAugust 25, 2003\nMr. Edward Mazzulo\nDirector, Office of Hazardous Materials Standards\nResearch and Special Programs Administration\nUSDOT\nDHM-10\n400 Seventh St. S.W.\nWashington, D.C. 20590-0001\nRe: Agricultural Operations for Intrastate Farmers- 49 CFR 173.5\nDear Mr. Mazzulo,\nThe Office of Freight and Commercial Vehicle Operations is working with our partners\nat the Federal Motor Carrier Safety Administration on identifying State law or rules that\nare possibly inconsistent with federal transportation regulations. This process may lead to\nproposals to our state legislature to change or modify state laws.\nthe federal hazardous materials regulations (HMR) in 49 CFR parts 171 to 199.\nIn 1983, the State of Minnesota adopted by statutory reference, in Minn. Stat. 221.033,\nSubdivision 2 of Minn. Stat. 221.033 granted exceptions to intrastate farmers from the\nhazardous materials shipping paper requirements in 49 CFR §§ 172.200 and 177.817, and\nfrom some limited provisions of the motor carrier safety regulations in 49 CPR parts 391\nthat meet the definition of agricultural products in 49 CFR 171.8, that are being\nand 397. The exceptions provided in this statute apply to fuels and agricultural chemicals\ntransported for use on the transporters farm. No other exceptions from the HMR were\n49 CFR 173.5 (a) excepts farmers hauling agricultural products, other than class 2\nmaterials, from the subchapter if the farmer is an intrastate private carrier, and the\nmovement of the agricultural product conforms to State laws or rules in effect before\nOctober 1; 1998. Paragraph (b) of that section grants exceptions from hazmat training\nand emergency response information requirements for intrastate farmers for agricultural\nproducts carried in a single vehicle with restrictions on quantity, if the movement\nconforms to state laws in effect before October 1, 1998\nAn equal opportunity employer\n\n<<<PAGE 4>>>\n\nMay an intrastate farmer use the exception in 49 CFR 173.5 (a) and transport agricultural\nproducts, as defined in § 171.8, on local roads around their farm and be excepted from\nthe provisions of the subchapter, if there was no conforming State law or rule authorizing\nthese exceptions before October 1, 1998?\nIf State laws or rules in force before October 1, 1998, provided limited exceptions to the\nHMR, such as Minnesota's exception from shipping papers, are intrastate farmers entitled\nonly to those limited exceptions authorized by State laws or rules?\nIf the Minnesota farmer is excepted from shipping papers, subject to the limitations in\nstate law, is that farmer excepted from Subpart G of Part 172, since the farmer does not\nneed a shipping paper?\n§ 221.033 for your review. If you or your staff has any questions, please contact me.\nThank you for your consideration of these issues. I have attached a copy of Minn.Stat.\nYours truly,\nMichael Ritchie\nHazardous Materials Specialist\nMinnesota Department of Transportation\nOffice of Freight and Commercial Vehicle Operations\n1110 Centre Pointe Curve\nMS 420\nMendota Heights, MN 55120\n(651) 405-6120\nmichael.ritchie@dot.state.mn.us\n\n<<<PAGE 5>>>\n\nMinnesota Statutes 2002, 221.033\nPage 1 of 2\nMinnesota Statutes 2002, Table of Chapters\nTable of contents for Chapter 221\n221.033 Regulation of hazardous materials.\nsubdivisions 2 to 3, no person may transport\nExcept as provided in\ntor transportation within the state of Minnesota a hazardous\nor offer or accept\nmaterial, hazardous substance, or hazardous waste except in\ncompliance with United States\n1811 and the provisions of Code of\nCode, title 49,\nFederal Regulations, title\nsections 1801 to\n49, parts 171 to 199.\nin intrastate commerce to the same extent they apply to\nThose provisions apply to transportation\ntransportation in interstate commerce.\napplies\nSuba. 2.\npersons\nExemption for farmer.\nengaged in intrastate commerce.\n(a) This\nsubdivision\ngasoline, agricultural\nFarmers or their employees transporting diesel fuel,\nfor use on the transporter's farm are not required to comply\nchemicals, or agricultural fertilizers\nfor driver qualifications or with the shipping paper\nwith the rules adopted in section 221.0314, subdivisions 2 to 5,\nrequirements of the Code of Federal Regulations,\nsections 172.200 and 177.817 or with section 397.7 (B)\ntitle 49,\nof the Federal Motor Carrier Safety Regulations when:\ntruck vehicles of less than 1,500-gallon capacity owned by the\n(1) transporting diesel fuel or gasoline in motorized tank\ntransporter, or in tanks securely mounted in other motor\nand owned by the transporter; or\nfertilizers.\n(2) transporting agricultural chemicals and agricultural\nsubdivision applies to persons engaged in intrastate commerce.\nSubd. 2a.\nAgriculturally related exemption.\n(a) This\nemployees are exempt from the rule in section 221.0314.\n(b) Fertilizer and agricultural chemical retailers or their\nof age when:\nsubdivision 4, requiring that drivers must be at least 21 years\nor agricultural chemicals directly to a farm for on-farm use\n(1) the retailer or its employee is transporting fertilizer\nwithin a radius of 50 miles of the retailer's business location;\nyears of age.\n(2) the driver employed by the retailer is at least 18\nof Federal Regulations, title 49, sections 180.405, paragraphs\nSubd. 2b.\nCargo tank.\n(a) The requirements in Code\n(b) ,\n(c), (g), (h), and (j) and 180.407, paragraphs (c), (d).\ntanks Of ), (e) 3,500 gallons capacity that transport gasoline in\n(f), (g), (h), and (i)\ndo not apply to cargo\nthis subdivision:\nintrastate commerce if before providing transportation under\nhttp://www.revisor.leg.state.mn.us/stats/221/033.html\n8/25/2003\n\n<<<PAGE 6>>>\n\nMinnesota Statutes 2002, 221.033\nPage 2 of 2\ncommissioner with evidence that the cargo tank was manufactured\n(1) the owner or operator of the cargo tank provides the\nFederal Regulations, title 49,\nccording to the cargo tank specification regulations in Code o\namended through November 1, 1985;\nsections 178.340 to 178.341-7, a:\nin the vehicle to which the cargo tank is attached; and\n(2) a copy of the evidence described in clause (1) is kept\nfrom the cargo tank or covered.\n(3) the manufacturer's metal certification plate is removed\n(b) A cargo tank operated under this subdivision must:\nmanner prescribed by the commissioner, and a copy of each\n(2) be visually inspected monthly by the operator in a\nplace of business for at least one year beyond the date of the\nmonthly inspection must be kept at the operator's principal\ninspection.\nsubdivision that (1) violates\n(c) No person may operate a cargo tank described in this\ngasoline from any portion of the tank that regularly contains\nparagraph (a) or (b), or (2) leaks\ngasoline.\nprovide the evidence described in this subdivision.\n(d) The commissioner shall keep\nrecord of persons who\ndriver of a motorized tank truck vehicle having a capacity of\nAge of petroleum tank truck driver.\nless than 3,500 gallons, who is engaged in the intrastate\ntransportation of petroleum products, must be at least 18 years\nadopt rules which provide a procedure for granting a variance\nVariance, rules.\nThe commissioner shall\nfrom those rules adopted under subdivision 1 which prescribe\nspecifications for tank motor vehicles used to transport\nvehicles with a capacity of 3,000 gallons or less that are used\nThe variance may be granted only for tank motor\nbetween 1950 and 1975 to transport petroleum products.\nto transport gasoline and which were designed and manufactured\nthe safety of the tank motor vehicles operated under the\ncommissioner shall prescribe alternative requirements to assure\nunder the variance.\nvariance, and shall register each tank motor vehicle operated\nSubd. 4. MS 1992 Repealed, 1994 c 589 s 8\nSubd. 4. MS 1996 Repealed, 1998 c 310 s 8\nc 398 art 24 s 1; 1986 c 454 s 27; 1990 c\nHIST: 1983 c 371 s 22; 1985 c 248 s 70; 1985 c 299 s 20; 1986\nart 4 s 10; 1991 c 333 s 34; 1992 c 578\ns 29-32; 1993 c 117 s\n588 s\n2;\n1991 c 298\n230 s 26\n22,23; 1994 c 589 s 3,4; 1996 c 387 s 4; 1996 c 456 s 23; 1999 c\nCopyright 2002 by the Office of Revisor of Statutes,\nState of Minnesota.\nhttp://www.revisor.leg.state.mn.us/stats/221/033.html\n8/25/2003","truncated":false,"body_characters":10864}