[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR173.5]

[Page 408-409]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 173_SHIPPERS_GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS--Table of Contents
 
                            Subpart A_General
 
Sec.  173.5  Agricultural operations.

    (a) For other than a Class 2 material, the transportation of an 
agricultural product over local roads between fields of the same farm is 
excepted from the requirements of this subchapter. A Class 2 material 
transported over local roads between fields of the same farm is excepted 
from subparts G and H of part 172 of this subchapter. In either 
instance, transportation of the hazardous material is subject to the 
following conditions:
    (1) It is transported by a farmer who is an intrastate private motor 
carrier; and
    (2) The movement of the agricultural product conforms to 
requirements of the State in which it is transported and is specifically 
authorized by a State statute or regulation in effect before October 1, 
1998.
    (b) The transportation of an agricultural product to or from a farm, 
within 150 miles of the farm, is excepted from the requirements in 
subparts G and H of part 172 of this subchapter and from the specific 
packaging requirements of this subchapter when:
    (1) It is transported by a farmer who is an intrastate private motor 
carrier;
    (2) The total amount of agricultural product being transported on a 
single vehicle does not exceed:
    (i) 7,300 kg (16,094 lbs.) of ammonium nitrate fertilizer properly 
classed as Division 5.1, PG III, in a bulk packaging, or

[[Page 409]]

    (ii) 1900 L (502 gallons) for liquids or gases, or 2,300 kg (5,070 
lbs.) for solids, of any other agricultural product;
    (3) The movement and packaging of the agricultural product conform 
to the requirements of the State in which it is transported and are 
specifically authorized by a State statute or regulation in effect 
before October 1, 1998; and
    (4) Each person having any responsibility for transporting the 
agricultural product or preparing the agricultural product for shipment 
has been instructed in the applicable requirements of this subchapter.
    (c) Formulated liquid agricultural products in specification 
packagings of 220 L (58 gallons) capacity, or less, with closures 
manifolded to a closed mixing system and equipped with positive dry 
disconnect devices may be transported by a private motor carrier between 
a final distribution point and an ultimate point of application or for 
loading aboard an airplane for aerial application.
    (d) See Sec.  173.315(m) pertaining to nurse tanks of anhydrous 
ammonia.
    (e) See Sec.  173.6 pertaining to materials of trade.

[Amdt. 173-259, 62 FR 1215, Jan. 8, 1997, as amended by Amdt. 173-262, 
62 FR 49566, Sept. 22, 1997; Amdt. 173-259, 63 FR 8142, Feb. 18, 1998; 
65 FR 50460, Aug. 18, 2000]