{"operation":"document","citation":"06-0088","title":"Jacksonville Port Authority — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-06-06","effective_on":null,"summary":"06-0088 response to Jacksonville Port Authority concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0088.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0088.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0088","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060088.pdf","body":"<<<PAGE 1>>>\n\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nAdministration\nHazardous Materials Safety\nJUN 16 2006\nMr. Michael Becker\n5945 Williams Mills Rd.\nJacksonville Port Authority\nRef. No. 06-0088\nJacksonville, FL 32256\nDear Mr. Becker:\nThis is in response to your letter and subsequent telephone conversation with a member\nof my staff requesting clarification of the term \"restricted public access\" under the\nunloading and transportation of hazardous materials on Jacksonville Port Authority\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as it applies to loading,\n(Jaxport) property. You also question whether a hazardous materials endorsement is\nrequired for drivers. You state that Jaxport employees are transporting the material using\nJaxport vehicles and that the material is used for Jaxport operations, not for commercial\npurposes. You also state that the roads are open to the public.\nThe statutory authority granted to the Department of Transportation under the Federal\ntransportation in commerce. Shipments of hazardous materials transported by a\nhazardous materials transportation law (49 U.S.C. 5101 et. seq.) is limited to\ngovernment entity in vehicles operated by government personnel for non-commercial\npurposes are not subject to the HMR, whether on public or private roads.\nUnder the HMR, the phrase \"restricted public access\" means the public is denied access\nmay be restricted by signals, lights or gates. Any similar controls may be used provided\nto the road during the entire time the hazardous material is being transported. Access\nthe intent of the requirement is met and public access is denied.\nRequirements for commercial drivers licenses (CDLs) are contained in regulations issued\nby the Federal Motor Carrier Safety Administration (FMCSA) at 49 CFR Part 383.\nThese regulations require drivers who transport hazardous materials shipments for which\na placard is required under the HMR to obtain a CDL with a hazardous materials\n060088\n171.1\n\n<<<PAGE 2>>>\n\n(hazmat) endorsement. The requirement for a hazmat endorsement applies only to\nshipments subject to the HMR. Note that even though Jaxport drivers are not required to\nhave a hazmat endorsement under the Federal regulations, state or local authorities may\nrequire conformance with the requirement.\nI hope this information is helpful. Please contact this office should you have additional\nquestions.\nSincerely,\nHotte a mitate l\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nMcfature\nTo: Edward Mazzullo\nFrom: Michael Beckor CT3\nApplicability\nJacksonville Port Authority\n06 - 0088\nDear Sir;\nhazmat endorsement changes with background checks. We have had a new Jaxport policy\nI had just called and talked to Carrie about some problems we are having witt. the\nchange stating that the endorsement is no longer required. Our jobs require us to drive,\nload and unload a fuel truck on Jaxport property. My manger is using 49 CFR 171. (d)(4)\nto base their decision. I kind of agree with it when \"public access is restricted\". My\ntraffic. We are also on the waterfront with military and civilian ships. We do have a\nproblem is that we are a large port with heavy automotive, truck, train, and pedestrian\nsecurity gate and all that is required to come in is a driver's license. I would like to know\nthe intent of the \"functions not subject to the requirements of the HMR 171. (d)(4)\". The\nhazmat\". We buy fuel that is unloaded into our storage tank then as a driver I am required\nother question is about 49 CFR 171. (b)(3). It talks about \"loading/unloading of bulk\nto load our fuel truck with on average of 4000 gal of red die diesel fuel from that tank and\ntransport it to the water front and unload it two or three times a week. Are there any\nexceptions to this rule?\nAnd now we have all different enforcement agencies looking all the time with different\nWith all the new security changes with ports, our security has increased dramatically.\nopinions. I just need to know if I am following the right rules. I would also need it on\npaper to enforce or change our new policy.\nMichael Becker CT3\nThank you for time\nEmail mikeb@jaxport.com\nCell 904- 333-4902\nINU","truncated":false,"body_characters":4234}