Interpretation Response #06-0008 ([North Carolina State Highway Patrol] [Captain George E. Gray, Jr])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: North Carolina State Highway Patrol
Individual Name: Captain George E. Gray, Jr
Location State: PA Country: US
View the Interpretation Document
Response text:
Feb 23, 2006
Captain George E. Gray, Jr. Reference No. 06-0008
North Carolina State Highway Patrol
430 North Salisbury Street
Raleigh, NC 27699-4702
Dear Captain Gray:
This responds to your request for clarification of the exceptions for agricultural operations in § 173.5 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows:
Q1. For other than Class 2, § 173.5 excepts agricultural products transported over local roads between fields of the same farm from the HMR. Agricultural products in Class 2 that are transported over local roads between fields of the same farm are excepted from the emergency response and training requirements. Do the exceptions apply to agricultural products being transported from a storage facility or office located on the same farm to the fields?
Al. The answer is yes; the term "same farm" means a farm owned or under the direct control of the same person and includes not only fields of the farm, but also the buildings on the farm.
Q2. It is our understanding that transportation of agricultural products transported to and from a farm, within 150 miles of the farm, is excepted only from the emergency response and training requirements. Is our understanding correct?
A2. Your understanding is correct. Transportation of agricultural products to or from a farm, within 150 miles of the farm, is excepted from the emergency response (Subpart G) and training (Subpart H) and specification packaging requirements of the HMR when the products are being transported by the farmer. In addition to the quantity limitations in § 173.5(b), all other HMR requirements, such as shipping papers, markings, labels, and placards, apply.
I trust this satisfies your request.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
173.5
Regulation Sections
| Section | Subject |
|---|---|
| 173.5 | Agricultural operations |