Special requirements - North Dakota

Anhydrous Ammonia

Portable tanks — commonly referred to as nurse tanks — that are intended for farm fertilizer application and/or designed and utilized for the carriage of anhydrous ammonia will be exempt from the container specification and other Federal Regulations adopted by the state when the tank:

1. Has a minimum design pressure of 250 pounds per square inch gauge and meets the requirements of the edition of the American Society of Mechanical Engineers code in effect at the time it was manufactured and is marked accordingly;
2. Is equipped with safety relief valves meeting the requirements of the Compressed Gas Association, pamphlet 51.2;
3. Is painted white or aluminum;
4. Has the capacity of 3,000 gallons or less;
5. Is loaded to a filling density no greater than 56 percent;
6. Is securely mounted on a farm wagon; and
7. Is placarded front and rear, and on both sides with approved Department of Transportation non-flammable gas placards; or
8. Is identified front and rear, and on both sides with the words “anhydrous ammonia” in letters not less than three inches high, utilizing a 1-inch brush stroke.

Portable tanks containing anhydrous ammonia must be marked with a slow-moving vehicle emblem on the rear of the unit and may not be towed in excess of 25 miles per hour on any road or highway. Shipping papers are not required to accompany the movement of portable tanks containing anhydrous ammonia when transported under these provisions. No material other than anhydrous ammonia can be carried in any portable container identified above and exempted as such from the regulations.

Intrastate Farm Operations

The transportation of an agricultural product other than a Class 2 material, over local roads between fields of the same farm, is exempted from the HMR when:

1. It is transported by a farmer who is an intrastate private motor carrier, and
2. The movement of the agricultural product conforms to all other state statutes or rules in effect before October 1, 1998.

The transportation of an agricultural product to or from a farm, within 150 miles (241.40 kilometers) of the farm, is exempted from the requirements in Subparts G (Emergency Response Information) and H (Training) of 49 CFR Part 172 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:
   • 1.1 16,094 pounds (7300 kilograms) of ammonium nitrate fertilizer.
   • 1.2 502 gallons (1900 liters) for liquids or gases, or 5,070 pounds (2,300 kilograms) for solids, of any other agricultural product.
3. The packaging conforms to the general packaging requirements of 49 CFR Parts 173.24, 173.24a and 173.24b; 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 chapter.

Formulated liquid agricultural products in specification packagings of 58 gallons (220 liters) 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.

Petroleum Products

Despite requirements for specification packagings within 49 CFR Subpart F of Part 173 as well as Parts 178 and 180, a non-specification cargo tank motor vehicle that has a capacity of less than 3,500 gallons (13,250 liters) may be used by an intrastate motor carrier for transportation of a flammable liquid petroleum product in accordance with the additional requirements below.

Despite requirements for specification packagings within 49 CFR Subpart F of Part 173 as well as Parts 178 and 180, a non-specification metal tank that is permanently secured to a transport vehicle and protected against leakage or damage in the event of a turnover, that also has a capacity of less than 119 gallons (450 liters), may be used by an intrastate motor carrier for transportation of a flammable liquid petroleum product in accordance with the additional requirements below.

A packaging used under the above paragraphs must:

1. Be operated by an intrastate motor carrier and in use as a packaging for hazardous material before July 1, 1998;
2. Be operated in conformance with all other requirements of this state;
3. Be offered for transportation and transported in conformance with all other applicable requirements of subchapter a of 49 CFR;
4. Not be used to transport a flammable cryogenic liquid, hazardous substance, hazardous waste, or marine pollutant; and
5. On and after July 1, 2000, a tank authorized under Subsections 1 or 2 must conform to all requirements in Part 180 (except for 180.405(g)) of 49 CFR in the same manner as required for a DOT specification MC 306 cargo tank motor vehicle.