PHMSA Response Letter

---

August 2, 2016

Captain Dean House
Office of Motor Vehicle Enforcement
6310 SE Convenience Boulevard
Ankeny, IA  50021

Reference No. 16-0085

Dear Captain House:

This letter is in response to your May 9, 2016, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to agricultural shipments of hazardous materials.  We have paraphrased and answered your questions as follows:

Q1:   You ask if § 173.5(a) limits the package size of shipments transported between fields.

A1:   The answer is no.  There are no limits to the size of the package provided all applicable provisions in § 173.5(a) are met for transportation over local roads between fields of the same farm.  

Q2: You ask if § 173.5(a) limits the distance hazardous materials can be transported between fields.

A2: The answer is no.  There are no limits to the distance the package can travel provided all applicable provisions in § 173.5(a) are met for transportation over local roads between fields of the same farm.  

Q3: You ask if § 173.5(b) is a standalone section and thereby does not affect the applicability of § 173.5(a).

A3: The answer is yes.  Section 173.5(a) applies to shipments made between fields that do not use public roads.  Section 173.5(b) applies to shipments made to and from a farm using public roads.

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), 173.5(b)