Interpretation Response #19-0022
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Thunder Creek Equipment
Individual Name: Luke Van Wyk
Location State: IA Country: US
View the Interpretation Document
Response text:
March 4, 2019
Mr. Luke Van Wyk
Sales Manager
Thunder Creek Equipment
1833 Highway 163
Pella, Iowa 50219
Reference No. 19-0022
Dear Mr. Van Wyk:
This letter is in response to your August 22, 2018, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to agricultural operations. Specifically, you ask whether a local road, as the term is used in § 173.5(a), must be constructed of a specific material. You state the Illinois State Police are defining local roads primarily as gravel roads when interpreting the Federal Highway Administration’s (FHWA) Highway Functional Classification: Concepts, Criteria and Procedures guidance issued to State DOTs. Consequently, farmers are not able to utilize the exceptions provided for agricultural operations in § 173.5(a) when transporting authorized hazardous materials over paved roads.
Unlike the guidance provided by the FHWA, the term “local road” is not defined in the HMR. Section 173.5(a) of the HMR applies to agricultural products being transported over local roads between fields of the same farm. Please note, in the preamble of the January 8, 1997, final rule (62 FR 1207; [HM-200]) we stated, “For the purposes of this section, a local road does not include an interstate highway.” Thus, the type of roadway (e.g., paved, unpaved, gravel) is irrelevant. We also note the FHWA guidance does not specify the type of roadway in its definition of a local road.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
173.5(a)
Regulation Sections
| Section | Subject |
|---|---|
| 173.5 | Agricultural operations |