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Hazardous Materials Safety Permit No Longer Required for Anhydrous Ammonia Domestic Transportation

Source: Agricultural Retailers Association

Notice: Removal of Anhydrous Ammonia transported domestically as a Division 2.2 hazardous material from the type of material required to hold a Hazardous Materials Safety Permit (HMSP) (See 49 CFR § 385.403).
Issue:

The Federal Motor Carrier Safety Administration (FMCSA) of the United States Department of Transportation (USDOT) is issuing this notification to advise industry that the agency no longer requires a Hazardous Materials Safety Permit (HMSP) for transportation of anhydrous ammonia domestically.

Requirements:

FMCSA will no longer interpret 49 CFR § 385.403(e) as requiring an HMSP to transport anhydrous ammonia domestically (UN1005 ammonia, anhydrous 2.2 Inhalation Hazard). Anhydrous ammonia is identified in the Hazardous Materials Table (HMT) as a Division 2.2 material when transported domestically (See 49 CFR § 172.101). Section 173.116(a) provides that there are no hazard zones assigned to Division 2.2 hazardous materials. Because anhydrous ammonia transported domestically is not assigned a hazard zone, FMCSA no longer considers this material as “meet[ing] the criteria for ‘hazard zone C,’ or ‘hazard zone D,’ as specified in § 173.116(a)” under § 385.403(e).

Anhydrous ammonia, when transported domestically, continues to meet the definition of “material poisonous by inhalation” in 49 CFR § 171.8(3) and must be marked as an inhalation hazard in accordance with the special provisions noted in the HMT.

An HMSP is still required when transporting anhydrous ammonia classed and described as UN1005, ammonia, anhydrous 2.3 Poison Inhalation Hazard or Toxic Inhalation Hazard, Zone D, in a packaging with a capacity greater than 13,248 L (3,500 gallons). 

Action Needed and How to Be Removed:

If you are a motor carrier who holds a HMSP exclusively for the transportation of anhydrous ammonia domestically, FMCSA needs your permission to remove you from the HMSP program. You cannot remove yourself online.

Please send a request for removal from the HMSP program by sending an email to fmcsa.hmsp@dot.gov. The email should include your company name and US DOT number, a point of contact, and a brief statement as to the reason for removal, including that you do not transport any other material requiring an HMSP. This will serve as your formal request and it will be placed in your permanent motor carrier file. For questions or concerns, contact the Hazardous Materials Division, at 202-385-2307 or by email at: fmcsa.hmsp@dot.gov

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