(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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 173.315(m) pertaining to nurse tanks of anhydrous ammonia.
(g) See Sec. 173.6 pertaining to materials of trade.
(h) See Sec. 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] Sec. 173.5a Oilfield service vehicles, mechanical displacement meterprovers, and roadway striping vehicles exceptions.
(a) Oilfield service vehicles. Notwithstanding Sec. 173.29 of this subchapter, a cargo tank motor vehicle used in oilfield servicing operations is not subject to the specification requirements of this subchapter provided--
(1) The cargo tank and equipment contains only residual amounts (i.e., it is emptied so far as practicable) of a flammable liquid alone or in combination with water,
(2) No flame producing device is operated during transportation, and
(3) The proper shipping name is preceded by ``RESIDUE: LAST CONTAINED* * * '' on the shipping paper for each movement on a public highway.
(b) Mechanical displacement meter provers. (1) A mechanical displacement meter prover, as defined in Sec. 171.8 of this subchapter, permanently mounted on a truck chassis or trailer and transported by motor vehicle is excepted from the specification packaging requirements in part 178 of this subchapter provided it--
(1) A mechanical displacement meter prover, as defined in Sec. 171.8 of this subchapter, permanently mounted on a truck chassis or trailer and transported by motor vehicle is excepted from the specification packaging requirements in part 178 of this subchapter provided it--
(i) Contains only the residue of a Division 2.1 (flammable gas) or Class 3 (flammable liquid) material. For liquids, the meter prover must be drained to not exceed 10% of its capacity or, to the extent that draining of the meter prover is impracticable, to the maximum extent practicable. For gases, the meter prover must not exceed 25% of the marked pressure rating;
(ii) Has a water capacity of 3,785 L (1,000 gallons) or less;
(iii) Is designed and constructed in accordance with chapters II, III, IV, V and VI of ASME Standard B31.4 (IBR, see Sec. 171.7 of this subchapter);
(iv) Is marked with the MAWP determined from the pipe component with the lowest pressure rating; and
(v) Is equipped with rear-end protection as prescribed in Sec. 178.337-10(c) of this subchapter and 49 CFR 393.86 of the Federal Motor Carrier Safety Regulations.
(2) The description on the shipping paper for a meter prover containing the residue of a hazardous material must include the phrase ``RESIDUE: LAST CONTAINED* * * '' before the basic description.
(3) Periodic test and inspection. (i) Each meter prover must be externally visually inspected once a year. The external visual inspection must include at a minimum: checking for leakage, defective fittings and welds, defective closures, significant dents and other defects or abnormalities which indicate a potential or actual weakness that could render the meter prover unsafe for transportation; and
(i) Each meter prover must be externally visually inspected once a year. The external visual inspection must include at a minimum: checking for leakage, defective fittings and welds, defective closures, significant dents and other defects or abnormalities which indicate a potential or actual weakness that could render the meter prover unsafe for transportation; and
(ii) Each meter prover must be pressure tested once every 5 years at not less than 75% of design pressure. The pressure must be held for a period of time sufficiently long to assure detection of leaks, but in no case less than 5 minutes.
(4) In addition to the training requirements in subpart H, the person who performs the visual inspection or pressure test and/or signs the inspection report must have the knowledge and ability to perform them as required by this section.
(5) A meter prover that fails the periodic test and inspection must be rejected and removed from hazardous materials service unless the meter prover is adequately repaired, and thereafter, a successful test is conducted in accordance with the requirements of this section.
(6) Prior to any repair work, the meter prover must be emptied of any hazardous material. A meter prover containing flammable lading must be purged.
(7) Each meter prover successfully completing the external visual inspection and the pressure test must be marked with the test date (month/year), and the type of test or inspection as follows:
(i) V for external visual inspection; and
(ii) P for pressure test.
The marking must be on the side of a tank or the largest piping component in letters 32 mm (1.25 inches) high on a contrasting background.
(8) The owner must retain a record of the most recent external visual inspection and pressure test until the next test or inspection of the same type is successfully completed. The test or inspection report must include the following:
(i) Serial number or other meter prover identifier;
(ii) Type of test or inspection performed;
(iii) Test date (month/year);
(iv) Location of defects found, if any, and method used to repair each defect;
(v) Name and address of person performing the test or inspection;
(vi) Disposition statement, such as ``Meter Prover returned to service'' or ``Meter Prover removed from service''.
(c) Roadway striping. In addition to conformance with all other applicable requirements of this subchapter, non-DOT specification cargo tanks used for roadway striping are authorized provided all the following conditions in this paragraph (c) are met.
(1) Authorized materials. Only the hazardous materials listed in the table below may be transported in roadway striping vehicles. Cargo tanks may not be filled to a capacity that would be greater than liquid full at 130 F.
Hazardous Materials Description----------------------------------------------------------------------------------------------------------------
Hazard class/ Identification
Proper shipping name division number Packing group----------------------------------------------------------------------------------------------------------------Adhesives, containing a flammable liquid..... 3 UN1133 II
Paint including paint, lacquer, enamel, 3 UN1263 II
stain, shellac solution, varnish, polish,
liquid filler, and liquid lacquer base.Paint related material including paint 3 UN1263 II
thinning drying, removing, or reducing
compound.Flammable liquids, n.o.s. \a\................ 3 UN1993 IIGasoline..................................... 3 UN1203 IIAcetone \b\.................................. 3 UN1090 IIDichloromethane \b\.......................... 6.1 UN1593 IIIEthyl methyl ketone or Methyl ethyl ketone 3 UN1193 II
\b\.Ethyl acetate \b\............................ 3 UN1173 IIMethanol \b\................................. 3 UN1230 IIOrganic peroxide type E, liquid (Dibenzoyl 5.2 UN3107 II
peroxide) \c\.Petroleum distillates, n.o.s. or Petroleum 3 UN1268 III
products, n.o.s. \b\.1,1,1-Trichloroethane \b\.................... 6.1 UN2831 IIIToluene \b\.................................. 3 UN1294 IIXylenes \b\.................................. 3 UN1307 II, IIIEnvironmentally hazardous substance, liquid, 9 UN3082 III
n.o.s. \c\.Corrosive liquid, basic, organic, n.o.s. \c\. 8 UN3267 IIICorrosive liquids, n.o.s.\c\................. 8 UN1760 IIIElevated temperature liquid, n.o.s., at or 9 UN3257 III
above 100 C and below its flash point
(including molten metals, molten salts,
etc.) \d\.----------------------------------------------------------------------------------------------------------------\a\: Adhesive containing ethyl acetate.\b\: Solvent.\c\: Catalyst.\d\: Thermoplastic material non-hazardous at room temperature.
(2) Cargo tank requirements. Each non-DOT specification cargo tank used for roadway striping must be securely bolted to a motor vehicle and must--
(i) Be constructed and certified in conformance with the HMR in effect at the time of its manufacture and must be marked accordingly. For questions regarding these requirements, contact PHMSA by either: (1) Telephone (800) 467-4922 or (202) 366-4488 (local); or (2) by electronic mail (e-mail) to: infocntr@dot.gov;
(ii) Have a minimum design pressure of 100 psig;
(iii) Have a maximum capacity of 500 gallons;
(iv) For solvents and organic peroxides, the cargo tank may not contain more than 50 gallons;
(v) Be given an external visual inspection prior to each use to ensure that it has not been damaged on the previous trip;
(vi) Be retested and reinspected in accordance with Sec. 180.407(c) of this subchapter as specified for an MC 331 cargo tank motor vehicle; and
(vii) Be securely mounted to a motor vehicle in accordance with the securement provisions prescribed in Secs. 393.100 through 393.106 of this title.
(3) Test records. The owner or operator of the roadway striping vehicle must maintain hydrostatic test records in accordance with Sec. 180.417(b) and must make those records available to any representative of the Department of Transportation upon request.
(4) Marking. A non-DOT specification cargo tank used for roadway striping must be plainly marked on both sides near the middle in letters at least two inches in height on a contrasting background ``ROADWAY STRIPING''.
(5) Operational controls. A non-DOT specification cargo tank used for roadway striping may not be pressurized when the motor vehicle is traveling to and from job sites. Additionally, the distance traveled by a non-DOT specification cargo tank used for roadway striping may not exceed 750 miles. Thermoplastic resin may only be heated during roadway striping operations. [70 FR 3308, Jan. 24, 2005, as amended at 75 FR 27213, May 14, 2010; 76 FR 5492, Feb. 1, 2011] Sec. 173.5b Portable and mobile refrigeration systems.
This section authorizes the highway transportation of residual amounts of Division 2.2 refrigerant gases or anhydrous ammonia contained in non-specification pressure vessels that are components of refrigeration systems, which may or may not be permanently mounted to a transport vehicle, used for agricultural operations. These refrigeration systems are used at field sites to cool (pre-cool) produce before the produce is loaded into trucks or railcars for market or used to supplement stationary refrigeration systems during peak harvest times. The components of these refrigeration systems are commonly known as vacuum tubes, accumulators, refrigeration units, ice makers, pressure coolers, or evaporators.
(a) General packaging requirements. Each non-specification pressure vessel must conform to the following:
(1) Each pressure vessel must be designed, manufactured, and maintained in accordance with applicable requirements of the ASME Code (IBR, see Sec. 171.7 of this subchapter).
(2) Except as authorized in this section, each pressure vessel and associated piping must be rated at a maximum allowable work pressure (MAWP) of 250 psig. The pressure in these components may not exceed MAWP.
(3) Any part of the piping or pressure vessel separated from another component of the refrigeration system by means of a valve, blank flange, or other device must be equipped with a pressure relief valve set at MAWP. All lines that must be disconnected for transportation purposes must be closed by means of a cap, plug or blank flange, and valves at the end of disconnected lines must be tightly closed.
(4) The aggregate total volumetric capacity of components within the refrigeration system authorized for highway transportation in accordance with this section may not exceed 2,500 gallons per vehicle.
(5) Each pressure vessel and associated piping containing anhydrous ammonia must conform to the following:
(i) Piping with a diameter of 2 inches or more must conform to ASTM A 53 Schedule 40 or ASTM A106 Schedule 40 (IBR, see Sec. 171.7 of this subchapter).
(ii) Piping with a diameter of less than 2 inches must conform to ASTM A 53 Schedule 80 or ASTM A 106 Schedule 80 (IBR, see Sec. 171.7 of this subchapter).
(iii) The words ``Inhalation Hazard'' must be marked as required in special provision 13 in Sec. 172.102 of this subchapter and, when practicable, within 24 inches of the placard.
(b) Refrigeration systems placed into service prior to June 1, 1991. (1) For refrigeration systems placed into service prior to June 1, 1991, each pressure vessel and associated piping for the condensing line (``high side'') must be rated at an MAWP of not less than 250 psig. Each pressure vessel and associated piping for the evaporating line (``low side'') must be rated at an MAWP of not less than 150 psig, except that each pressure vessel or associated piping that will contain refrigerant gas during transportation must be rated at an MAWP of not less than 250 psig. During transportation, pressure in the components that are part of the evaporating line may not exceed 150 psig.
(1) For refrigeration systems placed into service prior to June 1, 1991, each pressure vessel and associated piping for the condensing line (``high side'') must be rated at an MAWP of not less than 250 psig. Each pressure vessel and associated piping for the evaporating line (``low side'') must be rated at an MAWP of not less than 150 psig, except that each pressure vessel or associated piping that will contain refrigerant gas during transportation must be rated at an MAWP of not less than 250 psig. During transportation, pressure in the components that are part of the evaporating line may not exceed 150 psig.
(2) Each pressure vessel and associated piping that is part of the evaporating line must be marked ``LOW SIDE'' in a permanent and clearly visible manner. The evaporating line must have a pressure gauge with corresponding temperature markings mounted so as to be easily readable when standing on the ground. The gauge must be permanently marked or tagged ``SATURATION GAUGE''.
(3) Each pressure vessel and associated piping with an MAWP of 250 psig or greater containing liquid anhydrous ammonia must be isolated using appropriate means from piping and components marked ``LOW SIDE''.
(4) Liquid lading is only authorized in system components with a rated MAWP of not less than 250 psig.
(5) Prior to transportation, each pressure vessel and associated piping with a rated MAWP of less than 250 psig must be relieved of enough gaseous lading to ensure that the MAWP is not exceeded at transport temperatures up to 54 C (130 F).
(6) Refrigeration systems placed into service prior to June 1, 1991, may continue in service until October 1, 2017.
(c) Prior to transportation over public highways, each pressure vessel and associated piping must be drained of refrigerant gas or liquid anhydrous ammonia to the extent practicable. Drained contents must be recovered in conformance with all applicable environmental regulations. Residual liquid anhydrous ammonia in each component may not exceed one percent of the component's total volumetric capacity or 10 gallons, whichever is less.
(d) System inspection and testing. (1) Each refrigeration system authorized under this section must be visually inspected every year. The visual inspection must include items listed in Sec. 180.407(d)(2) of this subchapter applicable to refrigeration systems. A certificate of the annual visual inspection must be dated and signed by the person performing the inspection and must contain that person's company affiliation. The certificate must remain at the equipment owner's office.
(1) Each refrigeration system authorized under this section must be visually inspected every year. The visual inspection must include items listed in Sec. 180.407(d)(2) of this subchapter applicable to refrigeration systems. A certificate of the annual visual inspection must be dated and signed by the person performing the inspection and must contain that person's company affiliation. The certificate must remain at the equipment owner's office.
(2) Each refrigeration system authorized under this section must be proof pressure tested every two years beginning with the initial pressure test performed after manufacture. Additional pressure tests must be performed after any modification, repair or damage to a part of the system pressurized with refrigerant gas. System test pressures may not be less than one-and-one-half (1.50) times the rated MAWP of the system component or piping.
(3) Pressure relief valves must be successfully tested every two years at the MAWP for the components or piping to which they are attached. Pressure relief valves may be replaced and marked every 5 years with valves certified at the appropriate MAWP, in which case the valves need not be tested every two years. Valves that do not pass the test must be repaired or replaced.
(e) Test markings and reports. (1) Evidence of testing specified in paragraph (d) of this section must be marked on the right forward side of the refrigeration system with 2 inch high letters indicating type of last test (V = visual; P = pressure: hydrostatic or pneumatic) and the month/year in which it was performed. Reports and all of the requirements for records of inspections including markings must be completed as specified in part 180.
(1) Evidence of testing specified in paragraph (d) of this section must be marked on the right forward side of the refrigeration system with 2 inch high letters indicating type of last test (V = visual; P = pressure: hydrostatic or pneumatic) and the month/year in which it was performed. Reports and all of the requirements for records of inspections including markings must be completed as specified in part 180.
(2) Pressure relief valves must be durably marked with either the date of last test, set-pressure and testing company or the date of last replacement, set-pressure, and certifying company, as applicable. [74 FR 16142, Apr. 9, 2009]