{"operation":"document","citation":"16-0002","title":"Public Utilities Commission of Ohio — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-05-27","effective_on":null,"summary":"16-0002 response to Public Utilities Commission of Ohio concerning 173.5.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0002.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0002.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0002","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160002.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMr. Tom Forbes\nMAY 2 7 2016\nPublic Utilities Commission of Ohio\nTransportation Department\nField Supervisor Enforcement Division\n180 East Broad Street, Ste. 421\nColumbus, OH 43215\nReference No. 16-0002\nDear Mr. Forbes:\nThis letter is in response to your January 2, 2016 e-mail requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to agricultural\noperations as prescribed in § 173.5(a)(2). In your request, you indicate that an Ohio\nInspector recently stopped a farmer with a leaking cargo tank containing diesel fuel. You\nwould like to know if the shipment is exempt from the HMR. Your questions are\nparaphrased and answered below.\nQ1. What is the meaning of the phrase \"is specifically authorized by a State statute or\nregulation in effect before October 1, 1998\"?\nAl. The phrase \"is specifically authorized by a State statute or regulation in effect before\noctober 1, 19g in or restion me Site in which it's tansported. The curent\nState law or regulation must have come into effect before July 1, 1998. It is\nimportant to note that this exception only applies to \"local roads.\" According to the\nFederal Highway Administration, \"Local Roads in rural areas typically serve very\nlow density, dispersed developments with relatively low traffic volume.... Local\nRoads are often classified by default. In other words, once all Arterial and Collector\nroadways have been identified, remaining roadways are classified as Local Roads\"\n(See \"Highway Functional Classification Concepts,\" 2013 Edition.)\nQ2.\nMust a State statute or regulation exist to authorize the use of § 173.5(a)(2)? You\nenclosed a copy of Ohio Revised Code, Title [49] XLIX Public Utilities, Chapter\n4921: MOTOR CARRIER AUTHORITY AND PERMITTING, 4921.02\nDefinitions, and Chapter 4923: MOTOR CARRIER OPERATIONS, 4923.02,\nDefinitions.\n\n<<<PAGE 2>>>\n\nA2.\nThe answer to your question is no. This provision, 49 CFR § 173.5, independently\nexcepts shipments of \"other than a Class 2 material\" from the requirements of 49\nCFR Parts 171 - 180 and from any state law that came into effect after July 1, 1998.\nI hope this information is helpful. Please contact us if we be of further assistance.\nSincerely,\nplenn Foster\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nEdmonson\n$173.15\n& Packaging General\nDodd, Alice (PHMSA)\n16-0002\nFrom:\nGeller, Shelby CTR (PHMSA)\nSent:\nTo:\nMonday, January 04, 2016 4:40 PM\nHazmat Interps\nSubject:\nFW: Interpretation Request\nAttachments:\n1998 Ohio Statute.pdf\nDear Shante and Alice,\nForwarded is a request for a formal letter of interpretation.\nThanks,\nShelby\nFrom: tom.forbes@puc.state.oh.us [mailto:tom.forbes@puc.state.oh.us]\nSent: Saturday, January 02, 2016 3:12 PM\nTo: PHMSA HM InfoCenter\nSubject: Interpretation Request\nCc: tom.forbes@puc.state.oh.us; joseph.turek@puc.state.oh.us\nDear Sir or Madame:\nI am requesting a written interpretation of the Hazardous Materials regulations. Specifically 173.5(a)(2) what is\nmeant by the phrase \"is specifically authorized by a State statute or regulation in effect before October 1,\n1998.\" The regulation states:\n173.5 Agricultural operations.\n(a) For other than a Class 2 material, the transportation of an agricultural product over local roads between\nfields of the same farm is excepted from the requirements of this subchapter. A Class 2 material transported\nover local roads between fields of the same farm is excepted from subparts G and H of part 172 of this\nsubchapter. In either instance, transportation of the hazardous material is subject to the following conditions:\n(1) It is transported by a farmer who is an intrastate private motor carrier; and\n(2) The movement of the agricultural product conforms to requirements of the State in which it is transported\nand is specifically authorized by a State statute or regulation in effect before October 1, 1998.\nOhio had a State statue in place in 1998 that excepted farmer from all motor carrier safety and hazardous\nmaterials regulations while in intrastate commerce. Does this exception allow a farmer moving agriculture\nproducts other than class 2 over local roads between fields of the same farm to utilize the exception in 173.5(a)\nor did their need to be a State statue specifically authorizing this for the except in 173.5(a) to be utilized. In\n2013 Ohio changed it statue stating farm moves had to comply with the hazardous materials regulations they\ncontinue to be exempt from the motor carrier safety regulation in intrastate commerce\nAn Ohio Inspector recently stopped a cargo tank operated by a farmer between fields of the same farm\ntransporting diesel fuel in a cargo tank. The diesel fuel was leaking from the cargo tank and had no hazard\ncommunications on the package and no shipping paper. We need to understand if this shipment is exempt from\nthe hazardous materials regulations based on 173.5(a) and the attached 1998 Ohio statue 4923.02(A)(6).\nThank you for your assistance on this matter.\n1\n\n<<<PAGE 4>>>\n\nTom Forbes\nPublic Utilities Commission of Ohio\nTransportation Department\nField Supervisor Enforcement Division\n180 E. Broad Street, STE 421\nColumbus, Ohio 43215\nCell (614) 519-2811\nOffice (614) 644-0296\nPUCO.ohio.gov\nThis message and any response to it may constitute a public record and thus may be publicly available to anyone\nwho requests it.\n-----\n\n<<<PAGE 5>>>\n\nPUCO-PRIVATE MOTOR CARRIERS\n4923.02\nC.J.S. Motor Vehicles §$ 16, 44 et seq.\nOJur 3d: 5, Appellate Review § 496; 7, Auto-\nmobiles and Other Vehicles § 254; 13, Car-\nriers § 8, 99; 77, Public Transit § 212\n4923.02 Definitions\nAs used in sections 4923.01 to 4923.17 of the Revised Code:\n(A) \"Private motor carrier\" or \"contract carrier by motor vehicle\" includes\nor copartnership, their lessees, legal or personal representatives, trustees, or\nevery corporation, company, association, joint-stock association, person, firm,\nunder section 4921.02 of the Revised Code, when engaged in the business of\nreceivers or trustees appointed by any court, not included in the definition\nsuch transportation service, for hire, in or by motor-propelled vehicles of any\nprivate carriage of persons or property, or both, or of providing or furnishing\nkind, including trailers, over any public highway in this state, but does not\ninclude any corporation, company, association, joint-stock association, per-\nson, firm, or copartnership, their lessees, legal or personal representatives,\ntrustees, or receivers or trustees appointed by any court:\nowner or operator of motor vehicles employed or used by a private motor\n(1) Engaged or proposing to engage, directly or indirectly, as a private\ncarrier, or by a motor transportation company as defined in section 4921.02 of\nthe Revised Code;\nor both, exclusively within the territorial limits of a municipal corporation or\n(2) Insofar as they are engaged in the transportation of persons or property,\nwithin such limits and the territorial limits of municipal corporations immedi-\nately contiguous to such municipal corporations;\nbusiness or in hotel busses operating to and from hotels;\n(3) Engaged in the transportation of persons in taxicabs in the usual taxicab\nfrom school sessions or school events;\n(4) Engaged in the transportation of pupils in school busses operating to or\npublic convenience and necessity for the transportation of persons, in the\n(5) Engaged, as a motor transportation company holding a certificate of\nparty trips to or from any point within the county or counties in or through\ncarriage of persons in emergency or additional motor vehicles on charter\nservice, provided that such use of such emergency or additional motor vehicle\nwhich such motor transportation company provides regular route scheduled\nis reported and the tax paid as prescribed by the public utilities commission by\ngeneral rule or temporary order;\n(6) Engaged in the transportation of farm supplies to the farm or farm\nproducts from farm to market;\n(7) Engaged in the operation of motor vehicles for contractors on public\nroad work;\n(8) Engaged in the transportation of newspapers;\n(9) Engaged in the transportation of crude petroleum incidental to gather-\ning from wells and delivery to destination by pipe line;\n(10) Engaged in the towing of disabled or wrecked motor vehicles;\n489\n\n<<<PAGE 6>>>\n\n4923.02\nPUBLIC UTILITIES\nhearse or ambulance;\n(11) Engaged in the transportation of injured, ill, or deceased persons by\nsand or shredded bark mulch) or shredded bark mulch;\n(12) Engaged in transportation of compost (a combination of manure and\nwhen any fee charged each person so transported is in such amount as to\n(13) Engaged in the transportation of persons in a ridesharing arrangement\nsuch purpose.\nrecover only the person's share of the costs of operating the motor vehicle for\ntrailer, semitrailer, motor bus, or any other self-propelled vehicle not operated\n(B) \"Motor vehicle\" includes any automobile, automobile truck, tractor,\nor driven upon fixed rails or tracks.\nnotor vehicles under a special contract for the exclusive use of each suc\nC) \"Charter party trip\" means the carriage of persons in one or mor\ntions between the same termini, and which operation shall in no event\nvehicle for each trip, which contract shall not provide for continuing opera-\nbecome regular. The limitations of section 4921.18 and any other sections of\nthe Revised Code as to the seating capacity of such emergency or additional\nchar philes operated by a motor transportation company ey oradio a\nof the Revised Code.\n(D) \"Ridesharing arrangement\" has the same meaning as in section 4921.02\n(1988 H 708, eff. 4-19-88; 1982 H 406; 1981 H 53; 1973 H 941; 129 v 1706; 1953\nH 1; GC 614-103)\nHistorical and Statutory Notes\n118 v 407, § 1; 117 v 349, § 1; 115 v Pt 2, 96;\nPre-1953 H 1 Amendments:\n119 v 163:\n115 v 254\nCross References\nContract carriers by motor vehicle, enforce-\nChanges by city transit company, 4921.24\nMotor transportation companies, certificate of\nment of rules and laws by state highway\nregular roule bus service, conditions,\nContract carriers by motor vehicle, registra-\npatrol, 5503.02\n4905.80\ntion as hazardous materials carriers,\nOhio Administrative Code References\nDefinitions.\ninnis required, Ac 9012-55 and regula-\nLibrary References\nWESTLAW Topic No. 48A.\nAutomobiles C- 60.\nOJur 3d: 13, Carriers § 8\nC.J.S. Motor Vehicles §§ 16, 44 et seq.\nAm Jur 2d: 13, Carriers § 8, 9\n490\n\n<<<PAGE 7>>>\n\nPUCO-MOTOR TRANSPORTATION COMPANIES\n4921.02\n4921.02 Definitions\nAs used in sections 4921.01 to 4921.32 of the Revised Code:\n(A) \"Motor transportation company,\" or \"common carrier by motor vehi-\ntion, person, firm, or copartnership, and their lessees, legal or personal repre-\ncle,\" includes every corporation, company, association, joint-stock associa-\nsentatives, trustees, and receivers or trustees appointed by any court, when\nproperty, or the business of providing or furnishing such transportation serv-\nengaged or proposing to engage in the business of transporting persons or\nice, for hire, whether directly or by lease or other arrangement, for the public\nover any public highway in this state. All laws regulating the business of motor\nin general, in or by motor-propelled vehicles of any kind, including trailers,\ntransportation, their context notwithstanding, apply to such motor transporta-\ncompany,\" as so used, does not include any person, firm, copartnership, vol-\ntion company or common carrier by motor vehicle. \"Motor transportation\nuntary association, joint-stock association, company, or corporation, wherever\norganized or incorporated:\nsection 4923.02 of the Revised Code;\n(1) Engaged or proposing to engage as a private motor carrier as defined by\nthe transportation of persons or property, operated exclusively within the\n(2) Insofar as they own, control, operate, or manage motor vehicles used for\nterritorial limits of a municipal corporation, or within such limits and the\nterritorial limits of municipal corporations immediately contiguous to such\nmunicipal corporation;\n(3) Insofar as they are engaged in the transportation of persons in taxicabs\nin the usual taxicab service or in hotel busses operating to and from hotels;\nfrom school sessions or school events;\n(4) Engaged in the transportation of pupils in school busses operating to or\nproducts from farm to market or to food fabricating plants;\n(5) Engaged in the transportation of farm supplies to the farm or farm\n(6) Engaged in the distribution of newspapers;\n(7) Engaged in the transportation of crude petroleum incidental to gather-\ning from wells and delivery to destination by pipe line;\n(8) Engaged in the towing of disabled or wrecked motor vehicles;\nhearse or ambulance;\n(9) Engaged in the transportation of injured, ill, or deceased persons by\n(10) Engaged in the transportation of compost (a combination of manure\nand sand or shredded bark mulch) or shredded bark mulch;\nwhen any fee charged each person so transported is in such amount as to\n(11) Engaged in the transportation of persons in a ridesharing arrangement\nrecover only the person's share of the costs of operating the motor vehicle for\nsuch purpose.\narrying property or persons and for being drawn by a separate motor-pro\n(B) \"Trailer\" means any vehicle without motive power designed or used for\nused for carrying property or persons wholly on its own structure, or so\nelled vehicle, including any vehicle of the trailer type, whether designed o1\n421\n\n<<<PAGE 8>>>\n\n4921.02\nPUBLIC UTILITIES\ndesigned or used that a part of its own weight or the weight of its load rests\nupon and is carried by such motor-propelled vehicle.\nstate, whether within or without the corporate limits of a municipal\n(C) \"Public highway\" means any public street, road, or highway in this\ncorporation.\ntation company usually or ordinarily operates, provides, or proposes to oper-\nD) \"Fixed termini\" refers to the points between which any motor transpor-\nate or provide motor transportation service.\nany motor transportation company usually or ordinarily operates, provides, or\n(E) \"Regular route\" refers to that portion of the public highway over which\nproposes to operate or provide motor transportation service.\nis conducted or provided any other operation of any motor vehicle by a motor\n(F) \"Irregular route\" refers to that portion of the public highway over which\ntransportation company transporting property.\nmotor vehicle where such transportation is incidental to another purpose of a\n(G) \"Ridesharing arrangement\" means the transportation of persons in a\nvolunteer driver, and includes ridesharing arrangements known as carpools,\nvanpools, and buspools.\ntion service is provided or furnished by such motor transportation company,\nWhether or not any motor-propelled vehicle is operated or such transporta-\nbetween fixed termini or over a regular route, or over an irregular route, or\nquestions of fact. The finding of the public utilities commission on such ques-\ntions is a final order which may be reviewed as provided in section 4921.17 of\nthe Revised Code. The commission has jurisdiction to receive, hear, and deter-\nupon not less than fifteen days' notice of the time and place of such hearing\nmine such questions upon complaint of any party, or upon its own motion,\nand of the matter to be heard.\n(1981 H 53, eff. 7-1-82; 1973 H 941; 129 v 1706; 1953 H 1; GC 614-84)\nHistorical and Statutory Notes\n18 277117 349-113 482: 111 512: 11\nre-1953 H 1 Amendments: 118 v 407\nv 19; 110 v 211\nCross References\nMoment of sple in as by seat, enforce.\nPrivate detoned, 492, zidesharing arrange-\notor transportation companies, registrati\npatrol, 5503.02\nMotor transportation company, defined,\nhazardous materials carriers, 4905.1\n4905.03\n4953.04\nPrentic of carrage train, 0f permi\n422","truncated":false,"body_characters":15894}