{"operation":"document","citation":"04-0116","title":"Monsanto Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-10-13","effective_on":null,"summary":"04-0116 response to Monsanto Company concerning 171.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0116.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0116.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0116","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040116.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nOCT\n13 2004\nSpecial Programs\nAdministration\nMr. William J. Briner\nRef. No.: 04-0116\nRegulatory Affairs\nMonsanto Company\n800 North Lindbergh Blvd.\nSt. Louis, Missouri 63167\nDear Mr. Briner:\nThis responds to your letter regarding the applicability of the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180) adopted under Docket HM-223 (final rule published October 30,\n2003; 68 FR 61906), to operation of a forklift truck carrying hazardous materials between\nbuildings of your corporate campus on private roads.\nThe forklift truck travels less than 1/4 mile on the facility's private roads. When the gates to the\ncampus entrances are open, which is normally the case during daytime hours Monday through\nmonitor the entrances with cameras. You believe that the above-described scenario is\nFriday, there is public access to the facility, but corporate security officers patrol the campus and\nconsidered a pre-transportation function performed prior to movement of the hazardous material\nand does not require a shipping paper, placards and a Commercial Driver's License (CDL) with a\nhazmat endorsement.\nThe movement of hazardous material that occurs entirely within a contiguous facility boundary\nwhere public access is restricted is not commercial transportation and therefore is not subject to\nthe requirements of the HMR. The HMR do not apply to rail and motor vehicle movements of a\nhazardous material exclusively within a contiguous facility boundary where public access is\nrestricted, except to the extent that the movement is on or crosses a public road or is on a track\nthat is part of the general railroad system of transportation. If it is, access to the public road\nmust be restricted by signals, lights, gates, or similar controls. Therefore, your company's\nmovement of the hazardous material in a forklift truck between buildings of your corporate\ncampus on private roads is not subject to the HMR and does not require a shipping paper,\nplacards, or a Commercial Driver's License (CDL) with a hazmat endorsement.\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincere\nChief, Standards Development\nOffice of Hazardous Materials Standards\n040116\n11.6\n\n<<<PAGE 2>>>\n\nEngrum\n§ 716\nMONSANTO\nApplicability\n800 NORTH LINDBERGH BLVD\nApril 23, 2004\nST. LouIs, MISSOURI 63167\nhttp://www.monsanto.com\nU.S. Department of Transportation\nResearch and Special Programs Administration\nOffice of Hazardous Materials Standards\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nAttn: Mr. Delmer Billings\nDear Mr. Billings:\nI am writing to request a written interpretation indicating if the operation of a forklift\nroads is subject to the DOT Hazardous Materials Regulations.\ncarrying hazardous materials between buildings of our corporate campus on private\ncontiguous facility boundary where public access is restricted, except to the extent that\n49 CFR 171.1(d)(4) indicates that motor vehicle movements exclusively within a\nthe movement is on or crosses a public road, is not subject to the HMR.\nThe forklift travels less than ¼ mile on the facility's private roads. When the gates to\nthe campus entrances are open, which is normally the case during daytime hours\nMonday through Friday, there is public access to the facility, but corporate security\nofficers patrol the campus and monitor the entrances with cameras.\nfunction performed prior to the movement of hazardous materials in commerce and that\nRather than transportation in commerce, we believe that this is a pre-transportation\na shipping paper, placarding and a Commercial Driver's License with a hazmat\nendorsement should not be required\nIf you have any questions concerning this request, please call me at (314) 694-2999.\nThank you.\nSincerely,\nWillian Of Briner\nWilliam J. Briner\nRegulatory Affairs Manager","truncated":false,"body_characters":3915}