Interpretation Response #03-0220 ([Minnesota Department of Transportation] [Mr. Michael Ritchie])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 01/11/2005

Company Name: Minnesota Department of Transportation

Individual Name: Mr. Michael Ritchie

Location State: MN Country: US

View the Interpretation Document

Response text:

Jan 11, 2005

Mr. Michael Ritchie               Reference No. 03-0220
Hazardous Materials Specialist
Minnesota Department of Transportation
Office of Freight and Commercial Vehicle Operations
1110 Centre Pointe Curve
MS 420
Mendota Heights, MN 55120

Dear Mr. Ritchie:

This responds to your letter requesting clarification of the agricultural exceptions under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). I apologize for the delay in responding. Your questions are answered as follows:

Q1.      May an intrastate farmer use the exception in 49 CFR 173.5(a) and transport agricultural products, as defined in § 171.8, on local roads around his or her farm, if there was no conforming state law or rule authorizing these exceptions before October 1, 1998?

Al.        No. As specified in § 173.5(a) (2), the movement of the agricultural product (other than Class 2 materials) must conform to requirements of the State and be specifically authorized by the State prior to October 1, 1998.

Q2.      If state laws or rules in force before October 1, 1998 provided limited exceptions to the HMR, such as Minnesota’s exception from shipping papers, are intrastate farmers entitled only to those limited exceptions authorized by State laws or rules?

A2.      Yes, intrastate farmers may only use those exceptions authorized by the state that are also authorized under § 173.5.

Q3.      If a Minnesota farmer is excepted from shipping papers, subject to the limitations in state law, is that farmer excepted from subpart G of part 172 since the farmer does not need a shipping paper?

A3.      Yes, under certain conditions. Under § 172.600(d), the requirements of subpart G of part 172 do not apply to a hazardous material that is excepted from the shipping paper requirements of the HMR. A shipping paper is, however, required for Class 2 materials transported under § 173.5(a) and always required under § 173.5(b) regardless of the material transported. Because the shipping paper exception for the intrastate farmers of Minnesota was in place prior to October 1, 1998, they are eligible for the exception from subpart G of part 172, when appropriate. However, a state may amend its statutes and mandate that intrastate farmers comply with the emergency response information requirements of the HMR regardless of whether a shipping paper is needed or not.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.

Sincerely,

Edward T. Mazzullo.
Director, Office of Hazardous
Materials Standards

173.5

Regulation Sections