{"operation":"document","citation":"16-0085R","title":"Office of Motor Vehicle Enforcement — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-03-15","effective_on":null,"summary":"16-0085R response to Office of Motor Vehicle Enforcement concerning 173.5.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0085r.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0085r.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0085r","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/160085R.pdf","body":"<<<PAGE 1>>>\n\nCaptain Dean House\nOffice of Motor Vehicle Enforcement\n6310 SE Convenience Boulevard\nAnkeny, IA 50021\nReference No. 16-0085R\nDear Captain House:\nThis letter is in response to your May 9, 2016, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to agricultural shipments of\nhazardous materials.\nWe have paraphrased and answered your questions as follows:\nQ1.\nYou ask if § 173.5(a) limits the package size of shipments transported between fields.\nAl.\nThe answer is no. There are no limits to the size of the package provided all applicable\nprovisions in § 173.5(a) are met for transportation over local roads between fields of the\nsame farm.\nQ2.\nYou ask if § 173.5(a) limits the distance hazardous materials can be transported between\nfields.\nA2.\nThe answer is no. There are no limits to the distance the package can travel provided all\napplicable provisions in § 173.5(a) are met for transportation over local roads between\nfields of the same farm.\nQ3.\nYou ask if § 173.5(b) is a standalone provision and thereby does not affect the\napplicability of § 173.5(a).\n\n<<<PAGE 2>>>\n\nof the same farm are considered local roads and not public roads. Section 173.5(b)\napplies to agricultural products being transported to and from a farm within 150 miles of\na farm and within the scope of the authorized mileage.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nHi Shante/Alice,\nPlease submit this as a letter of interpretation. Mr. House spoke with Eamonn.\nPlease let me know if you have any questions.\nThanks,\nJordan\nFrom: House, Dean [mailto: Dean.House@iowadot.us]\nSent: Wednesday, November 16, 2016 9:25 AM\nTo: INFOCNTR (PHMSA)\nSubject: FW: Clarification on Interpretation Reference NO. 16-0085\nCaptain Dean House T402\nOffice of Motor Vehicle Enforcement\nPhone # (515) 237-3214\nCell # (515) 298-2328\nFax # (515) 237-3387\nEmail: dean.house@iowadot.us\nMailing Address:\nCaptain Dean House\nOffice of Motor Vehicle Enforcement\n6310 SE Convenience Blvd\nAnkeny, IA 50021\nFrom: House, Dean [DOT]\nSent: Monday, August 29, 2016 9:52 AM\nTo: 'INFOCNTR.INFOCNTR@dot.gov' <>\nSubject: Clarification on Interpretation Reference NO. 16-0085\nI am seeking clarification of interpretation No 16-0085, the response to question 3 in regards to the part of the\nanswer that refers to public roads. The regulations allows transportation over local roads. The response to\n173.5 (a) says applies to shipments made between fields that do not use public roads.\n\n<<<PAGE 4>>>\n\nCaptain Dean House T402\nOffice of Motor Vehicle Enforcement\nCell # (515) 298-2328\nFax # (515) 237-3387\nEmail: dean.house@dot.iowa.gov\nMailing Address:\nCaptain Dean House\nOffice of Motor Vehicle Enforcement\n6310 SE Convenience Blvd\nAnkeny, IA 50021\n\n<<<PAGE 5>>>\n\nOffice of Motor Vehicle Enforcement\n6310 SE Convenience Boulevard\nAnkeny, IA 50021\nReference No. 16-0085\nDear Captain House:\nThis letter is in response to your May 9, 2016, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to agricultural shipments of\nhazardous materials. We have paraphrased and answered your questions as follows:\nQ1: You ask if § 173.5(a) limits the package size of shipments transported between fields.\nAl:\nThe answer is no. There are no limits to the size of the package provided all applicable\nprovisions in § 173.5(a) are met for transportation over local roads between fields of the\nsame farm.\nQ2:\nYou ask if § 173.5(a) limits the distance hazardous materials can be transported\nbetween fields.\nA2:\nThe answer is no. There are no limits to the distance the package can travel provided\nall applicable provisions in § 173.5(a) are met for transportation over local roads\nbetween fields of the same farm.\nQ3:\nYou ask if § 173.5(b) is a standalone section and thereby does not affect the\napplicability of § 173.5(a).\nA3:\nThe answer is yes. Section 173.5(a) applies to shipments made between fields that do\nnot use public roads. Section 173.5(b) applies to shipments made to and from a farm\nusing public roads.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\n7. Alem Poste\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division","truncated":false,"body_characters":4417}