Office of Motor Vehicle Enforcemen — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 1200 New Jersey Avenue, SE Materials Safety Pipeline and Hazardous Administration AUG 0 2 2016 Captain Dean House Office of Motor Vehicle Enforcement 6310 SE Convenience Boulevard Ankeny, IA 50021 Reference No. 16-0085 Dear Captain House: This letter is in response to your May 9, 2016, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to agricultural shipments of hazardous materials. We have paraphrased and answered your questions as follows: Q1: You ask if § 173.5(a) limits the package size of shipments transported between fields. Al: The answer is no. There are no limits to the size of the package provided all applicable provisions in § 173.5(a) are met for transportation over local roads between fields of the same farm. Q2: You ask if § 173.5(a) limits the distance hazardous materials can be transported between fields. A2: The answer is no. There are no limits to the distance the package can travel provided all applicable provisions in § 173.5(a) are met for transportation over local roads between fields of the same farm. Q3: You ask if § 173.5(b) is a standalone section and thereby does not affect the applicability of § 173.5(a). A3: The answer is yes. Section 173.5(a) applies to shipments made between fields that do not use public roads: Section 173.5(b) applies to shipments made to and from a farm using public roads. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, 7. shenn Foster T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Andrews §173.5 (a) (b) Dodd, Alice (PHMSA) Shipping Requirement 16-0085 From: Rivera, Jordan CTR (PHMSA) Sent: Tuesday, May 10, 2016 2:09 PM To: Hazmat Interps Subject: FW: Interpretation on 49 CFR 173.5(a) and (b) Hi Shante/Alice, Please submit this as a letter of interpretation. Mr. House spoke with Kevin Leary. Please let me know if you have any questions. Thanks, Jordan From: House, Dean [DOT] [mailto:Dean.House@dot.iowa.gov] To: PHMSA HM InfoCenter Sent: Monday, May 09, 2016 2:32 PM Subject: Interpretation on 49 CFR 173.5(a) and (b) Under 173.5(a) Does this section limit the size of the package? I can have a cargo tank with 5000 gallons, meet all the requirements of 173.5(a) and still not be subject to the subchapter correct? It is also silent to the distance I can go between fields. If I have 50 miles to go between fields, I am still OK correct? 173.5(b), is a standalone section and does not have any bearing on 173.5(a) correct? 173.5(b) is strictly TO and FROM a farm, not FIELD to FIELD like 173.5(a) If you need further clarification please contact me> Thanks, Dean Captain Dean House T402 Office of Motor Vehicle Enforcement Phone # (515) 237-3214 . Cell # (515) 298-2328 Fax # (515) 237-3387 Email: dean.house@dot.iowa.gov Mailing Address: Captain Dean House Office of Motor Vehicle Enforcement 6310 SE Convenience Blvd#

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