Jacksonville Port Authority — Hazardous Materials Safety Interpretation

Page 1Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administration Hazardous Materials Safety JUN 16 2006 Mr. Michael Becker 5945 Williams Mills Rd. Jacksonville Port Authority Ref. No. 06-0088 Jacksonville, FL 32256 Dear Mr. Becker: This is in response to your letter and subsequent telephone conversation with a member of my staff requesting clarification of the term "restricted public access" under the unloading and transportation of hazardous materials on Jacksonville Port Authority Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as it applies to loading, (Jaxport) property. You also question whether a hazardous materials endorsement is required for drivers. You state that Jaxport employees are transporting the material using Jaxport vehicles and that the material is used for Jaxport operations, not for commercial purposes. You also state that the roads are open to the public. The statutory authority granted to the Department of Transportation under the Federal transportation in commerce. Shipments of hazardous materials transported by a hazardous materials transportation law (49 U.S.C. 5101 et. seq.) is limited to government entity in vehicles operated by government personnel for non-commercial purposes are not subject to the HMR, whether on public or private roads. Under the HMR, the phrase "restricted public access" means the public is denied access may be restricted by signals, lights or gates. Any similar controls may be used provided to the road during the entire time the hazardous material is being transported. Access the intent of the requirement is met and public access is denied. Requirements for commercial drivers licenses (CDLs) are contained in regulations issued by the Federal Motor Carrier Safety Administration (FMCSA) at 49 CFR Part 383. These regulations require drivers who transport hazardous materials shipments for which a placard is required under the HMR to obtain a CDL with a hazardous materials 060088 171.1#

Page 2(hazmat) endorsement. The requirement for a hazmat endorsement applies only to shipments subject to the HMR. Note that even though Jaxport drivers are not required to have a hazmat endorsement under the Federal regulations, state or local authorities may require conformance with the requirement. I hope this information is helpful. Please contact this office should you have additional questions. Sincerely, Hotte a mitate l Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3Mcfature To: Edward Mazzullo From: Michael Beckor CT3 Applicability Jacksonville Port Authority 06 - 0088 Dear Sir; hazmat endorsement changes with background checks. We have had a new Jaxport policy I had just called and talked to Carrie about some problems we are having witt. the change stating that the endorsement is no longer required. Our jobs require us to drive, load and unload a fuel truck on Jaxport property. My manger is using 49 CFR 171. (d)(4) to base their decision. I kind of agree with it when "public access is restricted". My traffic. We are also on the waterfront with military and civilian ships. We do have a problem is that we are a large port with heavy automotive, truck, train, and pedestrian security gate and all that is required to come in is a driver's license. I would like to know the intent of the "functions not subject to the requirements of the HMR 171. (d)(4)". The hazmat". We buy fuel that is unloaded into our storage tank then as a driver I am required other question is about 49 CFR 171. (b)(3). It talks about "loading/unloading of bulk to load our fuel truck with on average of 4000 gal of red die diesel fuel from that tank and transport it to the water front and unload it two or three times a week. Are there any exceptions to this rule? And now we have all different enforcement agencies looking all the time with different With all the new security changes with ports, our security has increased dramatically. opinions. I just need to know if I am following the right rules. I would also need it on paper to enforce or change our new policy. Michael Becker CT3 Thank you for time Email mikeb@jaxport.com Cell 904- 333-4902 INU#