Monsanto Company — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Research and OCT 13 2004 Special Programs Administration Mr. William J. Briner Ref. No.: 04-0116 Regulatory Affairs Monsanto Company 800 North Lindbergh Blvd. St. Louis, Missouri 63167 Dear Mr. Briner: This responds to your letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) adopted under Docket HM-223 (final rule published October 30, 2003; 68 FR 61906), to operation of a forklift truck carrying hazardous materials between buildings of your corporate campus on private roads. The forklift truck travels less than 1/4 mile on the facility's private roads. When the gates to the campus entrances are open, which is normally the case during daytime hours Monday through monitor the entrances with cameras. You believe that the above-described scenario is Friday, there is public access to the facility, but corporate security officers patrol the campus and considered a pre-transportation function performed prior to movement of the hazardous material and does not require a shipping paper, placards and a Commercial Driver's License (CDL) with a hazmat endorsement. The movement of hazardous material that occurs entirely within a contiguous facility boundary where public access is restricted is not commercial transportation and therefore is not subject to the requirements of the HMR. The HMR do not apply to rail and motor vehicle movements of a hazardous material exclusively within a contiguous facility boundary where public access is restricted, except to the extent that the movement is on or crosses a public road or is on a track that is part of the general railroad system of transportation. If it is, access to the public road must be restricted by signals, lights, gates, or similar controls. Therefore, your company's movement of the hazardous material in a forklift truck between buildings of your corporate campus on private roads is not subject to the HMR and does not require a shipping paper, placards, or a Commercial Driver's License (CDL) with a hazmat endorsement. I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Sincere Chief, Standards Development Office of Hazardous Materials Standards 040116 11.6#

Page 2Engrum § 716 MONSANTO Applicability 800 NORTH LINDBERGH BLVD April 23, 2004 ST. LouIs, MISSOURI 63167 http://www.monsanto.com U.S. Department of Transportation Research and Special Programs Administration Office of Hazardous Materials Standards 400 Seventh Street, S.W. Washington, D.C. 20590 Attn: Mr. Delmer Billings Dear Mr. Billings: I am writing to request a written interpretation indicating if the operation of a forklift roads is subject to the DOT Hazardous Materials Regulations. carrying hazardous materials between buildings of our corporate campus on private contiguous facility boundary where public access is restricted, except to the extent that 49 CFR 171.1(d)(4) indicates that motor vehicle movements exclusively within a the movement is on or crosses a public road, is not subject to the HMR. The forklift travels less than ¼ mile on the facility's private roads. When the gates to the campus entrances are open, which is normally the case during daytime hours Monday through Friday, there is public access to the facility, but corporate security officers patrol the campus and monitor the entrances with cameras. function performed prior to the movement of hazardous materials in commerce and that Rather than transportation in commerce, we believe that this is a pre-transportation a shipping paper, placarding and a Commercial Driver's License with a hazmat endorsement should not be required If you have any questions concerning this request, please call me at (314) 694-2999. Thank you. Sincerely, Willian Of Briner William J. Briner Regulatory Affairs Manager#