{"operation":"document","citation":"99-0059","title":"Illinois Department of Transportation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-12-02","effective_on":null,"summary":"99-0059 response to Illinois Department of Transportation concerning 173.5.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0059.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0059.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0059","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990059.pdf","body":"<<<PAGE 1>>>\n\nUS. Department\nWashington, D.G.\n400 Seventh Street, S.W.\n20590\nof Transportation\nSpecial Programs\nResearch and\nAdministration\nDEC 21999g\nMr. Terrence J. Moore\nRef. No: 99-0059\nCommercial Vehicle Safety Section\nIllinois Department of Transportation\nPost Office Box 19212\nSpringfield, Illinois 62794-9212\nDear Mr. Moore:\nThis is in response to your letter requesting clarification of exceptions provided for the\ntransportation of agricultural produets under § 173.5 of the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180). I apologize for the delay in responding.\nYour questions are paraphrased and answered as follows:\nQ. Section 173.5(b)(2) uses the term \"single vehicle\" in establishing limits for the transportation\nof agricultural products. Is this term synonymous with \"single motor vehicle\"? Will this\nterminology be clarified in a future rulemaking?\nA. The term \"single vehicle\" is intended to mean a single motor vehicle. This terminology will be\nclarified in a future rulemaking.\nQ. Section 173.5(b)(2) specifies limits for the amount of agricultural products that may be\ntransported in a single vehicle. Specifically, up to 7,300 kg of ammonium nitrate fertilizer\nproperly classed as a Division 5.1, PG III, in a bulk packaging or up to 1900 L for liquids or\ngases, or 2,300 kg for solids of any other agricultural product. May a farmer transport a bulk\npackaging of ammonium nitrate meeting the above conditions and additional amounts of liquid or\nsolid agricultural products on the same vehicle?\nA. The answer is yes. Any combination of agricultural products may be transported on a single\nmotor vehicle as long as none of the quantity limitation is exceeded.\n113.5\n990059\n\n<<<PAGE 2>>>\n\n-2-\nQ. What is meant by transportation \"between fields of the same farm\" as used in § 173.5(a)?\nWould temporary stops between fields of the same farm be permitted (e.g., meals, picking up\nequipment or personnel)?\nA. The same farm is considered a farm owned or under direct control of the same person.\nThere is no limit on the distance traveled as long as all transportation is intrastate. Temporary\nstops are permitted.\nI hope this information is helpful.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standard\n\n<<<PAGE 3>>>\n\nIllinois Department of Transportation\n3215 Executive Park Drive / P.O. Box 19212 / Springfield, Illinois / 62794-9212\nDivision of Traffic Satety\nMarch 8, 1999\nDiane LaValle\nResearch & Special Programs Administration\nOffice of Hazardous Materials Safety\n400 7th Street S.W.\nWashington, D.C. 20590-0001\nDear Ms. LaValle:\nThank you for your consideration in our telephone conversation of March 5, 1999.\nPer our conversation, 1 am submitting a request for written clarification of the\nfollowing issues related to the Hazardous Materials Transportation Regulations\n1.\nSection 173.5(b)(2) refers to the term \"single vehicle\" in establishing\ninterprets \"single vehicle\" to mean the same as \"motor vehicle\"\nlimits for the transportation of agricultural products (AP). Illinois\ncurrently defined in Section 171.8 HMR. Does RSPA agree?\nIf RSPA does agree, will RSPA correct this terminology in a future\nrulemaking to read \"motor vehicle\" rather than \"single vehicle\"?\n2.\nSection 173.5(b)(2) specifies limits for amounts of AP that may be\ntransported under the agricultural exception. Illinois' interpretation of\nthe limits per motor vehicle are as follows:\n(a) 173.5(b)(2)(i) allows up to 7300 kg. (16,094 lbs.) of\nammonium nitrate fertilizer, 5.1, PG Ill transported in bulk\npackaging; or\n(b) 173.5(b)(2)(ii) allows up to 1900L (502 gallons) for liquids\nor gases, or 2300 kg (5,070 Ibs.) for solids, for any other\nAP.\nUnder our interpretation, each subparagraph stands alone.\nOne motor vehicle may not transport both bulk ammonium\nnitrate fertilizer and other liquids, gases or solids. Secondly,\nsubparagraph 173.5(b)(2)(ii) allows for mixing or matching liquids,\ngases or solids within the aggregate amounts specified.\nDo you agree with our interpretation? If so, will any clarification\nbe made to 173.5(b)(2)(i) and (ii) to clarify these options?\n\n<<<PAGE 4>>>\n\nDiane LaValle\nMarch 8, 1999\nPage 2\n3.\nSection 173.5(a) includes unclear terminology; \"between fields of the\nsame farm\" and \"local roads\". It is illinois' interpretation that\n\"between fields of the same farm\" means fields which are: (a)\nowned by that person; or (b) are under the direct control of that\nperson? Do you agree?\nIt is also our interpretation that no distance measure limits this\nterminology. The only limiting factor to distance would be remaining\nintrastate. Is this also correct?\nIt is Illinois' interpretation that local roads includes all public\nroadways except the Interstate Highway System. Do you agree?\n4.\nFor the purposes of clarifying transportation from field to field of the\nsame farm, would temporary stops between fields of the same farm\nbe allowed? Such stops, for example, would include: meals, picking\nup other non-hazardous materials, supplies, equipment or personnel,\nattending religious services or other non-farming tasks.\nIllinois is in the process of providing education outreach seminars for its farming\ncommunity. The above issues have been raised by the regulated public and\nindicate that clarification is required for some of these issues.\nPlease contact me at (217) 785-1181 if I can provide any further information.\nThank you for your help in this matter.\nCommercial Vehicle Safety Section","truncated":false,"body_characters":5478}