Q1. What is the meaning of the phrase "is specifically authorized by a State statute or regulation in effect before October 1, 1998"?

A1. The phrase "is specifically authorized by a State statute or regulation in effect before October 1, 1998" in § 173.5(a)(2) means movement of the agricultural product must conform to any law or regulation of the State in which it is transported. The current State law or regulation must have come into effect before July 1, 1998. It is important to note that this exception only applies to "local roads." According to the Federal Highway Administration, "Local Roads in rural areas typically serve very low density, dispersed developments with relatively low traffic volume.... Local Roads are often classified by default. In other words, once all Arterial and Collector roadways have been identified, remaining roadways are classified as Local Roads" (See "Highway Functional Classification Concepts," 2013 Edition.)

Q2. Must a State statute or regulation exist to authorize the use of § 173.5(a)(2)? You enclosed a copy of Ohio Revised Code, Title [49] XLIX Public Utilities, Chapter 4921: MOTOR CARRIER AUTHORITY AND PERMITTING, 4921.02 Definitions, and Chapter 4923: MOTOR CARRIER OPERATIONS, 4923.02, Definitions.

A2. The answer to your question is no. This provision, 49 CFR § 173.5, independently excepts shipments of "other than a Class 2 material" from the requirements of 49 CFR Parts 171 – 180 and from any state law that came into effect after July 1, 1998.