{"operation":"document","citation":"16-0118","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":"2017-03-23","effective_on":null,"summary":"16-0118 response to Public Utilities Commission of Ohio concerning 173.5.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0118.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0118.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0118","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/160118.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMAR 2 3 2017\nMr. Tom Forbes\nPublic Utilities Commission of Ohio\nTransportation Department\nField Supervisor Enforcement Division\n180 East Broad Street\nSuite 421\nColumbus, OH 43215\nReference No. 16-0118\nDear Mr. Forbes:\nThis letter is in response to your July 5, 2016, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to agricultural operations as\nprescribed in§ 173.5(a)(2). In your email, you ask a series of questions related to a clarification\nissued by this Office on May 27, 2016, under Reference No. 16-0002, that you believe may have\nbeen in error as the result of a possible misunderstanding of the facts as presented in your\noriginal letter.\nWe have paraphrased and answered your questions as follows:\nQI. As prescribed in§ 173.5(a), for other than a Class 2 material, the transportation of an\nagricultural product over local roads between fields of the same farm is excepted from the\nrequirements of the HMR if it is transported by a farmer who is an intrastate private\nmotor carrier and the movement of the agricultural product conforms to requirements of\nthe State in which it is transported and is specifically authorized by a State statute or\nregulation in effect before October 1, 1998. Does the Ohio statute in effect prior to\nOctober 1, 1998 \"specifically authorize\" such movement?\nAl. The answer is yes. Section 4923.02 of the Ohio statute, which was in effect prior to\nOctober 1, 1998, explicitly authorized the movement by a private motor carrier engaged\nin the transportation of farm supplies to the farm or farm products from farm to market.\nQ2. AnswerAl in your May 27, 2016, clarification states that the current State law or\nregulation must have come into effect before July 1, 1998. It is our understanding that\nyou meant October 1, 1998. In 2013, the State of Ohio adopted the HMR by reference.\nIf you find that the 1998 Ohio statute specifically authorized the movement described in\nQuestion Q 1, what impact, if any, does the revised statute have on use of the exception\nauthorized in§ 173.5(a)?\n\n<<<PAGE 2>>>\n\nA2. · Q3. A3. The State of Ohio's adoption of the HMR by reference in a 2013 statute amendment is\nnot relevant. Unless otherwise excepted, the HMR has been applicable to the intrastate\ntransportation of hazardous materials since October 1, 1998. However, because the\nmovement of the agricultural product conformed to the requirements of the State in\nwhich it was transported, and was specifically authorized by a State statute or regulation\nin effect before October l, 1998, the exception in§ l 73.5(a) is authorized. Further, the\nFederal hazmat transportation law does not prohibit a State from enacting a law or\nregulation that would restrict or repeal the agricultural exceptions provided by§ 173.S(a)\nof the HMR regardless of the effective date.\nAnswer A2 in your May 27, 2016, clarification appears to be in conflict with Answer A 1.\nIn Answer Al, you state the current State law or regulation must be in effect before\nJuly 1, 1998 (October 1, 1998). In Answer A2, you state that a State statute or regulation\ndoes not have to exist authorizing movement in accordance with§ l 73.5(a)(2) and that\nthe HMR independently excepts shipments from any State law that came into effect after\nJuly 1, 1998 (October 1, 1998). Please explain.\nAnswers Al and A2 of this response clarify the authorization to use the exceptions\nprovided by§ 173.5(a)(2) of the HMR either before, after, or before and after\nOctober 1, 1998. However, in retrospect, it is the opinion of this Office that the four\nconditions prescribed in§ 173.S(a) are not mutually exclusive; all four conditions must\nbe met. Consequently, the exception from the requirements of the HMR for other than a\nClass 2 product must be transported by a farmer who is an intrastate private motor carrier,\nand the movement of the agricultural product must conform to requirements of the State\nin which it is transported and be specifically authorized by a State statute or regulation in\neffect before October l, 1998.\nWe apologize for the inconsistency in our previous response and for any inconvenience it may\nhave caused. Please contact us if we can be of further assistance.\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDodd, Alice (PHMSA}\nFrom: Rivera, Jordan CTR (PHMSA)\nSent:\nWednesday, July 06, 2016 11:47 AM\nTo:\nHazmat Interps\nSubject: FW: Interpretation Request\nAttachments: Farmer Local Roads 160002.pdf; 4923 Statute 2013.docx\nHi Shante/Alice,\nPlease submit this as a letter of interpretation. Eileen wrote the interpretation letter in question.\nPlease let me know if you have any questions.\nThanks,\nJordan\nFrom: tom.forbes@puco.ohio.gov [mailto:tom.forbes@puco.ohio.gov]\nSent: Tuesday, July 05, 2016 7:02 PM\nTo: PHMSA HM lnfoCenter\nSubject: Interpretation Request\nDear Sir or Madame:\nThis letter is to seek clarification of your response to my request for interpretation regarding 173.S(a)(2} (attached 16-\n0002} as it relates to Ohio law as it stood in 1998 and as it stands today. I believe the facts at issue may have been\nmisunderstood. 173.S(a)(2) requires that the movement of the agricultural product conform to the requirements of the\nstate and is specifically authorized by a state statute or regulation in effect before October 1, 1998. In 1998, Ohio had in\nplace a state statute that excepted farmers from all motor carrier safety and hazardous materials regulations in\nintrastate commerce (see 4923.02(A}(6) attached). In 2013, as a results of a FMCSA audit Ohio changed the statute so\nthat farmers now have to comply with the HMRs. My questions are as follows:\n1. 2. 3. Did the 1998 version of 4923.02(A}(6), which exempted farmers from the FMCSRs and HM Rs, \"specifically\nauthorize\" the transportation contemplated in in 173.S{a)?\nIn your letter you state that the current state law or regulation must have come into effect before July 1,\n1998. As mentioned above, Ohio changed the statute in 2013 so that farmers now must comply with the\nHM Rs. If you find that the 1998 version of 4923.02(A}(6) did specifically authorize the transportation at issue,\nhow does the fact that the statute was later amended affect the analysis?\nYour answer to Q2 in your letter appears to be in conflict with your answer to Ql. Again, in Al you state that\nthe current state law or regulation must have come into effect before July 1, 1998. In the answer to Q2, you\nstate that 173.S independently excepts shipments from the HMRs and from any state law that came into effect\nafter July 1, 1998. Is it PHMSA's position that 173.5 prohibits a state from enacting a law or regulation that\nwould abrogate the 173.S exemption that an intrastate farmer may have enjoyed under a prior state law or\nregulation? It would seem to me that 173.S allows a farmer to enjoy such exemption only as long as a state has\nan applicable pre-October 1998 law or regulation on the books, which the state can amend or repeal at any\ntime .\nThank you for your assistance with this matter.\nTom Forbes\n1\n\n<<<PAGE 4>>>\n\nPublic Utilities Commission of Ohio\nTransportation Department\nField Supervisor Enforcement Division\n180 E Broad St, STE 421\nColumbus, Ohio 43215\nCell (614) 519-2811\nPUCO.ohio.gov\nEu\nThis message and any response to it may constitute a public record and thus may be publicly available to anyone\nwho requests it.\n2\n\n<<<PAGE 5>>>\n\n2013 Ohio Statute\n4923.02 Exemption from provisions of chapter.\n(A) As used in this chapter, \"private motor carrier\" does not include a person when engaged in\nany of the following in intrastate commerce:\n(1) The transportation of persons in taxicabs in the usual taxicab service;\n(2) The transportation of pupils in school busses operating to or from school sessions or school\nevents;\n(3) The transportation of farm supplies to the farm or farm products from farm to market or to\nfood fabricating plants;\n(4) The distribution of newspapers;\n(5) The transportation of crude petroleum incidental to gathering from wells and delivery to\ndestination by pipe line;\n(6) The transportation of injured, ill, or deceased persons by hearse or ambulance;\n(7) The transportation of compost (a combination of manure and sand or shredded bark mulch)\nor shredded bark mulch;\n(8) The transportation of persons in a ridesharing arrangement when any fee charged each\nperson so transported is in such amount as to recover only the person's share of the costs of\noperating the motor vehicle for such purpose;\n(9) The operation of motor vehicles for contractors on public road work.\n(B) The public utilities commission may grant a motor carrier operating in intrastate commerce a\ntemporary exemption from some or all of the provisions of this chapter and the rules adopted\nunder it, when either of the following applies:\n(1) The governor of this state has declared an emergency.\n(2) The chairperson of the commission or the chairperson's designee has declared a\ntransportation-specific emergency.\n(C) The commission may adopt rules not incompatible with the requirements of the United States\ndepartment of transportation to provide exemptions to motor carriers operating in intrastate\ncommerce not otherwise identified in divisions (A) and (B) of this section.\n(D) Divisions (A) to (C) of this section shall not be construed to relieve a person from compliance\nwith the following:\n(1) Rules adopted under division (A)(2) of section 4923.04 of the Revised Code, division (E) of\nsection 4923.06 of the Revised Code, division (B) of section 4923.07 of the Revised Code, and\nsection 4923.11 of the Revised Code;\n(2) Rules regarding commercial driver's licenses adopted under division (A)(l) of section\n4923.04 of the Revised Code;\n\n<<<PAGE 6>>>\n\n2013 Ohio Statute\n(3) Rules adopted under section 4921.15 of the Revised Code regarding uniform registration and\npermitting of carriers of hazardous materials and other applicable provisions of that section and\ndivision (H) of section 4921.19 of the Revised Code.\nAmended by !30th General Assembly File No. TBD, HB 483, §101.01, eff. 9/15/2014.\nAdded by 129th General AssemblyFile No.127, HB 487, §101.01, eff. 6/11/2012.\n4923.04 Rules applicable to transportation of persons, property, or hazardous\nmaterials; authority of commission to obtain warrant or subpoena.\n(A) The public utilities commission shall adopt rules applicable to all of the following:\n(1) The transportation of persons or property by motor carriers operating in interstate and\nintrastate commerce ;\n(2) The highway transportation and offering for transportation of hazardous materials by motor\ncarriers, and persons engaging in the highway transportation and offering for transportation of\nhazardous materials, operating in interstate or intrastate commerce;\n(3) The use and interchange of intermodal equipment, as those terms are defined in section\n4923.041 of the Revised Code.\n(B) The rules adopted under division (A) of this section shall not be incompatible with the\nrequirements of the United States department of transportation.\n(C) To achieve the purposes of this chapter and to assist the commission in the performance of\nany of its powers or duties, the commission, either through the public utilities commissioners or\nemployees authorized by it, may do either or both of the following:\n(1) Apply for, and any judge of a court of record of competent jurisdiction may issue, an\nappropriate search warrant;\n(2) Examine under oath, at the offices of the commission, any officer, agent, or employee of any\nperson subject to this chapter. The commission, by subpoena, also may compel the attendance\nof a witness for the purpose of the examination and, by subpoena duces tecum, may compel the\nproduction of all books, contracts, records, and documents that relate to compliance with this\nchapter or compliance with rules adopted under this chapter.\nAmended by 131st General Assembly File No. TBD, HB 64, §101.01, eff. 9/29/2015.\nAdded by 129th General AssemblyFile No.127, HB 487, §101.01, eff. 6/11/2012.\n\n<<<PAGE 7>>>\n\nDodd, Alice (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nAttachments:\nGeller, Shelby CTR (PHMSA)\nMonday, January 04, 2016 4:40 PM\nHazmat Interps\nFW: Interpretation Request\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\nCc: tom. forbes@puc.state.oh.us; joseph .turek@puc. state.oh. us\nSubject: Interpretation Request\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 Hof 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.S(a)\nor did their need to be a State statue specifically authorizing this for the except in 173.S(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. TJ;ie 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.S(a) and the attached 1998 Ohio statue 4923.02(A)(6).\nThank you for your assistance on this matter.\n1\n\n<<<PAGE 8>>>\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\nlj[J\nThis message and any response to it may constitute a public record and thus may be publicly available to anyone\nwho requests it.\n2\n\n<<<PAGE 9>>>\n\n,...\nI\npuco-PRIVATE MOTOR CARRIERS\n4923.02\ncJ.S. Motor Vehiclt:s §§ 16, 44 et seq.\noJur 3d: 5, Appellate Review !l 496; 7, Auto·\nmobiles and Other Vehicles§ 254; 13, Car·\nriers § 8, 99; 77, Public Transit§ 212\n4923.02 Det'lnJtlons\nAs used in sections 4923.0 l to 492.3.17 of the Revised Code:\n(A) \"Private motor earner\" or \"contract carrier by motor vehicle\" includes\nevery corporation, company, association, joint-stock association, person, firm,\nor copartnership, their lessees, legar or personal representatives, trustees, or\nreceivers or trustees appointed by any court, not included in the definition\nunder section 4921.02 of the Revised Code, when engaged in the business of\nprivate carriage of persons or property, or both, or of providing or furnishing\nsuch transportation service, for hire, in or by motor-propelled vehicles of any\nkind, including trailers, over any public highway in this state, but does not\ninclude any corporation, company, ai;sociation, joint-stock association, per·\nson, firm, or copartnershlp, their lessees, legal or personal representatives,\ntrustees, or receivers or trustees appointed by any court:\n(I) Engaged or proposing to engage, directly or indirectly, as a private\nowner or operator of motor vehicles employed or used by a private motor\ncarrier, or by a motor transportation company as defined in section 4921.02 of\nthe Revised Code;\n(2) Insofar as they are engaged in the transportation of persons or property,\nor both, exclusively within the territorial limits of a municipal corporation or\nwithin such limits and the territorial limits of municipal corporations immedi-\nately contiguous to such municipal corporations;\n(3) Engaged in the transportation of persons in taxicabs in the usual taxicab\nbusiness or in hotel busses operating to and from hotels;\n(4) Engaged in the transportation of pupils in school busses operating to or\nfrom school sessions or school events;\n(5) Engaged, as a motor transportation company holding a certificate of\npublic convenience and necessity for the transportation of persons, in the\ncarriage of persons in emergency or additional motor vehicles on charter\nparty trips to or from any point within the county or counties in or through\nwhich such motor transportation company provides regular route scheduled\nservice, provided that such use of such emergency or additional motor vehicle\nis repoJ1ed and the tax paid as prescribed by the public utffities 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 10>>>\n\n4923.02 PUBLIC UTILITIES\n(11) Engaged in the transportation of injured, ill, or deceased persons by\nhearse or ambulance;\n(12) Engaged in transportation of compost (a combination of manure and\nsand or shredded bark mulch) or shredded bark mulch;\n(13) Engaged in the transportation of persons in a ridesharing arrangement\nwhen any fee charged each person so transported is in such ~mount as to\nrecover only the person's share of the costs of operating the motor vehicle for\nsuch purpose.\n(B) \"Motor vehicle\" includes any automobile, automobile truck, tractor,\ntrailer, semitrailer, motor bus, or any other self-propelled vehlcle not operated\nor driven up~n fixed rails or tracks.\n(C) \"Charter party trip\" means the carriage of persons in one or more\nmotor vehicles under a special contract for the exclusive use of each such\nvehicle for each trip, which contract shall not provide for continuing opera·\ntions between .the same termini, and which operation shall in no event\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 additiona1\nmotor vehicles operated by a motor transportation company do not apply to\ncharter party trips.\n(DJ \"Ridesharing arrangement\" has the same meaning as in section 4921.02\nof the Revised Code.\n(1988 H 708, eff. 4-19-88; 1982 H 406; 1981H53; 1973 H 941; 129 v 1706; 1953\nH 1; GC 614-103)\nHistorical and Statutory Notes\nPre-1953 H I Amendments: 119 v 163;\n118 v 407, § I; 117 v 349, § I; 115 v Pt 2, 96;\n115v254\nCross References\nChanges by city transit company. 4921.24\nContract carriers by motor vehicle, enforce·\nmen1 of rules and laws by state highway\npatrol, 5503.02\nContract carriers by motor vehicle, registra·\ntion as hazardous materials carriers,\n4905.80\nMotor transportation companies, certificate of\nregular route bus service, conditions,\n4921.101\nNo additional tax paid by dry transit com·\npany, 4921.20\nPublic utilities commission, interstate operat·\ning authority; definitions, 49 l 9. 75\nRestrictions for union terminal company serv·\nice, 4953.04\nOhio Administrative Code References\nDefinitions, knowledge of rules and regula·\ntions required. OAC 4901:2·5·01\nAutomobiles ()::::> 60.\nW~TLAW Topic No. 48A.\nC.J.S. Motor Vehicles§§ 16, 44 et seq.\nUbrary References\nOJur 3d: 13, Carriers § 8\nAm Jur 2d: 13, Carriers§ 8, 9\n490\n\n<<<PAGE 11>>>\n\nruco-MOTOR TRANSPORTATION COMPANIES 4921.02\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-\ncle,\" includes every corporation, company, association, joint-stock associa-\ntion, person, firm, or copartnership, and their lessees, legal or personal repre-\nsentatives, trustees, and receivers or trustees appointed by any court, when\nengaged or proposing to engage in the business of transporting persons or\nproperty, or the business of providing or furnishing such transportation serv~\nice, for hire, whether directly or by lease or other arrangement, for the public\nin general, in or by motor-propelled vehicles of any kind, including trailers,\nover any public highway in this state. AU laws regulating the business of motor\ntransportation, their context notwithstanding, apply to such motor transporta-\ntion company or common carrier by motor vehicle. \"Motor transportation\ncompany,\" as so used, does not include any person, firm, copartnership, vol-\nuntary association, joint-stock association, company, or corporation, wherever\norganized or incorporated:\n(1) Engaged or proposing to engage as a private motor carrier as defined by\nsection 4923.02 of the Revised Code;\n(2) Insofar as they own, control, operate, or manage motor vehicles used for\nthe transportation of persons or property, operated exclusively within the\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;\n(4) Engaged in the transportation of pupils in school busses operating to or\nfrom school sessions or school events;\n(5) Engaged in the transportation of farm supplies to the farm or farm\nproducts from farm to market or to food fabricating plants;\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;\n(9) Engaged in the transportation of injured, ill, or deceased persons by\nhearse or ambulance;\n(10) Engaged in the transportation of compost (a combination of manure\nand sand or shredded bark mulch) or shredded bark mulch;\n(11) Engaged in the transportation of persons in a ridesharing arrangement\nwhen any fee charged each person so transported is in such amount as to\nrecover only the person's share of the costs of operating the motor vehicle for\nsuch purpose.\n(B) \"Trailer\" means any vehicle without motive power designed or used for\ncarrying property or persons and for being drawn by a separate motor-pro-\npelled vehicle, inc1uding any vehicle of the trailer type, whether designed or\nused for carrying property or persons wholly on its own structure, or so\n421\n\n<<<PAGE 12>>>\n\nI\nl\nI\n4921.02 PUBLIC 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.\n(C) \"Public highway\" means any public street, road, or highway in this\nstate, whether within or without the corporate limits of a municipal\ncorporation.\n(D) \"Fixed termini\" refers to the points between which any motor transpor·\ntation company usually or ordinarily operates, provides, or proposes to oper·\nate or provide motor transportation service.\n(E) \"Regular route\" refers to that portion of the public highway over which\nany motor transportation company usually or ordinarily operates, provides, or\nproposes to operate or provide motor transportation service.\n(F) \"Irregular route\" refers to that portion of the public highway over which\nis conducted or provided any other operation of any motor vehicle by a motor\ntransportation company transporting property.\n(G) \"Ridesharing arrangement\" means the transportation of persons in a\nmotor vehicle where such transportation is incidental to another purpose of a\nvolunteer driver, and includes ridesharing arrangements known as carpools,\nvanpools, and buspools.\nWhether or not any motor-propelled vehicle is operated or such transporta-\ntion service is provided or furnished by such motor transportation company,\nbetween fixed termini or over a regular route, or over an irregular route, or\nwhether or not a corporation, company, association, joint-stock association,\nperson, firm, or copartnership, or their lessees, trustees, or receivers or trust·\nees appointed by any court, is engaged as a motor transportation company, are\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-\nmine such questions upon complaint of any party, or upon its own motion,\nupon not less than fifteen days' notice of the time and place of such hearing\nand of the matter to be heard.\n(1981 H 53, eff. 7·1-82; 1973 H 941; 129 v 1706; 1953 H l; GC 614-84)\nHistorical and Statutory Notes\nPre-1953 H 1 Amendments: 118 v 407;\n118 v 277; 117 v 349; 113 v 482; 111v511; ti I\n\\I 19; 110 v 211\nCross References\nMotor transportation companies, enforce-\nment of rules and laws by state highway\npatrol, 5503.02\nMotor transportation companies. registration\nas hazardous materials carriers, 4905.80\nMotor transportation company, defined,\n4905.03\nPrivate motor carriers, granting of permit;\ncontract of carriage effective, 4923.07\nPrivate motor carriers, ridesharing arrange·\nment defined, 4923.02\nRailroads, highway and aerial transportation\nauthorized, 4961.03\nTransportation terminal companies, rest;ic·\nlions for union terminal company servu:e,\n4953.04\n422\n\n<<<PAGE 13>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMAY 2 · 7 2016\nMr. Tom Forbes\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:\n·This 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.\nQl. . 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, 1998\" in§ l 73.5(a)(2) means movement of the agricultural product must\nconform to any law or regulation of the State in which it is transported. The current\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. Must a State statute or regulation exist to authorize the use of§ l 73.5(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 14>>>\n\nA2. The 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,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division","truncated":false,"body_characters":28946}