[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR173.5]



[Page 424-425]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY 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 425]]



    (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]