Interpretation Response #19-0082

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

Interpretation Response Details

Response Publish Date: 09/16/2019

Company Name: Thunder Creek Equipment

Individual Name: Mr. Luke Van Wyk

Location State: IA Country: US

View the Interpretation Document

Response text:

September 16, 2019

Mr. Luke Van Wyk
Vice President of Sales
Thunder Creek Equipment
1833 Highway 163
Pella, Iowa 50219

Reference No. 19-0082

Dear Mr. Van Wyk:

This letter is in response to your June 17, 2019, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to a previous letter of interpretation under Reference No. 19-0022. Specifically, you request clarification on the definition of local roads. 

We have paraphrased and answered your questions as follows:

Q1. You ask whether the Pipeline and Hazardous Materials Safety Administration (PHMSA) has adopted the U.S. DOT Federal Highway Administration's definition of a "local road" for the purposes of § 173.5(a).

A1. The answer is no, PHMSA does not define the term "local road" as it is used in 49 CFR 173.5. Further, PHMSA does not use another agency's "local road" definition.

Q2. You ask whether PHMSA considers a "local road" to be anything other than an interstate highway.

A2. As stated in answer A1, PHMSA does not define the term "local road." However, HM-200 [62 FR 1215], the rulemaking that adopted the agricultural exceptions into the HMR, specifically states that an interstate highway would not be considered a "local road." Therefore, for the purposes of § 173.5(a), any road other than an interstate highway may be considered 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, 173.5(a)

Regulation Sections