§ 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 motor 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

- (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) Moveable fuel storage tenders. A non-DOT specification cargo tank motor vehicle may be used to transport Liquefied petroleum gas, UN1075, including Propane, UN1978, as moveable fuel storage tender used exclusively for agricultural purposes when operated by a private carrier under the following conditions:

- (1) The cargo tank must have a minimum design pressure of 250 psig.

- (2) The cargo tank must meet the requirements of the HMR in effect at the time of its manufacture and must be marked accordingly. For questions regarding these requirements, contact PHMSA by either:

• (i) Telephone (800) 467-4922 or (202) 366-4488 (local); or

- (ii) By electronic mail (e-mail) to: infocntr@dot.gov.

- (3) The cargo tank must have a water capacity of 1,200 gallons or less.

- (4) The cargo tank must conform to applicable requirements in National Fire Protection Association (NFPA) 58, Liquefied Petroleum Gas Code (IBR, see § 171.7 of this subchapter).

- (5) The cargo tank must be securely mounted on a motor vehicle.

- (6) The cargo tank must be filled in accordance with § 173.315(b) for liquefied petroleum gas.

- (7) The cargo tank must be painted white, aluminum, or other light-reflecting color.

- (8) Transportation of the filled moveable fuel storage tender is limited to movements over local roads between fields using the shortest practical distance.

- (9) Transportation of the moveable fuel storage tender between its point of use and a liquefied petroleum gas distribution facility is authorized only if the cargo tank contains no more than five percent of its water capacity. A movable fuel storage tender may only be filled at the consumer's premises or point of use.

• (e) Liquid soil pesticide fumigants. MC 306 and DOT 406 cargo tank motor vehicles and DOT 57 portable tanks may be used to transport liquid soil pesticide fumigants, Pesticides, liquid, toxic, flammable, n.o.s., flash point not less than 23 degrees C, 6.1, UN2903, PG II, exclusively for agricultural operations by a private motor carrier between a bulk loading facility and a farm (including between farms). However, transportation is not to exceed 150 miles between the loading facility and the farm, and not more than five days are permitted for intermediate stops for temporary storage. Additionally, transport is permitted only under the following conditions:

- (1) Cargo tanks. MC 306 and DOT 406 cargo tank motor vehicles must:

• (i) Meet qualification and maintenance requirements (including periodic testing and inspection) in accordance with subpart E of part 180 of this subchapter;

- (ii) Conform to the pressure relief system requirements specified in § 173.243(b)(1);

- (iii) For MC 306 cargo tanks, be equipped with stop-valves capable of being remotely closed by manual and mechanical means; and

- (iv) For DOT 406 cargo tanks, conform to the bottom outlet requirements specified in § 173.243(b)(2).

- (2) Portable tanks. DOT 57 portable tanks must—

• (i) Be constructed of stainless steel; and

- (ii) Meet qualification and maintenance requirements of subpart G of part 180 of this subchapter.

• (f) See § 173.315(m) pertaining to nurse tanks of anhydrous ammonia.
• (g) See § 173.6 pertaining to materials of trade.
• (h) See § 172.800(b) pertaining to security plans.

[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; 70 FR 73165, Dec. 9, 2005; 73 FR 4717, Jan. 28, 2008; 76 FR 5491, Feb. 1, 2011]