{"operation":"document","citation":"06-0008","title":"North Carolina State Highway Patrol — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-02-23","effective_on":null,"summary":"06-0008 response to North Carolina State Highway Patrol concerning 173.5.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0008.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0008.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0008","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060008.pdf","body":"<<>>\n\nFEB L 3 2000\nCaptain George E. Gray, Jr.\nReference No.: 06-0008\nNorth Carolina State Highway Patrol\n430 North Salisbury Street\nRaleigh, NC 27699-4702\nDear Captain Gray:\nThis responds to your request for clarification of the exceptions for agricultural operations in\n§ 173.5 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your\nquestions are paraphrased and answered as follows:\nQ1. For other than Class 2, § 173.5 excepts agricultural products transported over local roads\nbetween fields of the same farm from the HMR. Agricultural products in Class 2 that are\ntransported over local roads between fields of the same farm are excepted from the emergency\nresponse and training requirements. Do the exceptions apply to agricultural products being\ntransported from a storage facility or office located on the same farm to the fields?\nAl. The answer is yes; the term \"same farm\" means a farm owned or under the direct control\nof the same person and includes not only fields of the farm, but also the buildings on the farm.\nQ2. It is our understanding that transportation of agricultural products transported to and from\na farm, within 150 miles of the farm, is excepted only from the emergency response and\ntraining requirements. Is our understanding correct?\nA2. Your understanding is correct. Transportation of agricultural products to or from a farm,\nwithin 150 miles of the farm, is excepted from the emergency response (Subpart G) and\nplacards, apply.\n173.5\n060008\n\n<<>>\n\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<>>\n\nPackagings Exception\nCarolyn,\n06-0088\nI can't remember if | forwarded this to you already or not. If not, could you please enter this into the interp data\nbase and assign it to someone for response? Thanks.\nSusan\nFrom: Shelton, Danny \nSent: Wednesday, December 28, 2005 9:36 AM\nTo: Gorsky, Susan \nSubject: Request for interpretation\nSusan, please see the following e-mail from Captain George Gray, North Carolina State Highway Patrol,\nregarding 173.5. George and I discussed these situations over the phone but I advised him that if he wanted a\nwritten response that we would need a request. He advises me this is a hot issue in North Carolina and had the\ninvolvement of the State Legislature to resolve these issues in favor of the farmers. What else is new. Anyway\ncould you please provide a written response. You can either send it to me or you can send it directly to George\nGray. I will get you his official mailing address anyway.\nThanks.\nFor the record I believe his understanding of the transportation of bulk quantities of HM from the farm shop or\noffice to fields is incorrect. It would be my understanding that if you had 500 gallons of diesel fuel in a tank\nlocated at the farm office, you could transport that 500 gallons to the field to fuel the farm equipment.\nFrom: Gray, George E. Jr. [mailto:gegray@NCSHP.ORG]\nSent: Tuesday, December 27, 2005 3:41 PM\nTo: Shelton, Danny\nSubject: RE: test\nDanny:\nThe question we have is in regards to 49 CFR 173.5 (a) & (b). It is our understanding that 49 CFR 173.5 (a)\nexempts the transportation of any HM agricultural products from the requirements of the subchapter, with the\nexception of Class 2 materials, if the product is being transported by a farmer only between fields of the same\nmaterial. This of course is referring to intrastate only.\nSecondly, 49 CFR 173.5 (b) reads that the transportation of agriculture products transported over the road within\n150 miles of the farm are only exempted from Subpart G & H of Part 172 and the spec packaging requirements.\nThis of course is referring to intrastate only. Is our umderstanding of this correct?\n-----Original Message-----\nFrom: Shelton, Danny [mailto: danny.shelton @fmcsa.dot.gov]\nSent: Thursday, December 22, 2005 7:29 AM\nTo: Gray, George E. Jr.\n1/5/2006\n\n<<>>\n\ndor sherony carly\nSubject: RE: test\nGot it.. Thanks\n----Original Message--..\nFrom: Shelton, Danny [mailto:danny.shelton@fmcsa.dot.gov]\nSent: Monday, December 19, 2005 10:47 AM\nTo: Gray, George E. Jr.\nSubject: test\n(914) 715-8683\n1/5/2006","truncated":false,"body_characters":4166}