{"operation":"document","citation":"06-0113","title":"RBC Dam Rauscher — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-07-27","effective_on":null,"summary":"06-0113 response to RBC Dam Rauscher concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0113.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0113.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0113","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060113.pdf","body":"<<<PAGE 1>>>\n\nS. Departmer\nf Transportatic\nWashington, D.C. 20590\n400 Seventh Street, S.W.\npeline an\nazardous Materials safel\nJUL 27 2006\nRBC Dain Rauscher\nMr. Jay Jensen\nRef. No. C6-0113\n299 South Main\nSuite 2000\nSalt Lake City, UT 84111\nDear Mr. Jensen:\nmember of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49\nThis is in response to your May 12, 2006 letter and subsequent telephone conversation with a\nmotor vehicle within the boundaries of a privately owned industrial park. You provide the\nCFR Parts 171-180). Specifically, you ask if the HMR apply to the transportation of jet fuel by\nfollowing scenario:\nThe fuel truck and the jet fuel are owned by Gas Busters Social Club, LLC. Gas Busters Social\nClub, LLC consists of individual members who use the fuel truck to fuel private aircraft for\nrecreational purposes. The aircraft are located in hangars in the industrial park. The fuel truck\nis operated on private roads, strictly within the boundaries of the industrial park.\nThe movement of hazardous material that occurs on private roads entirely within a contiguous\nfacility boundary where public access is restricted is not commercial transportation and\ntherefore is not subject to the requirements of the HMR. The HMR do not apply to motor\nwhere public access is restricted, except to the extent that the movement is on or crosses a\nvehicle movements of a hazardous material exclusively within a contiguous facility boundary\nsimilar controls.\npublic road. If it is, access to the public road must be restricted by signals, lights, gates, or\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\n/Chier, Standards Development\nOffice of Hazardous Materials Standards\n171.1 (d)\n060113\n\n<<<PAGE 2>>>\n\nEichenlaub\n3171168)\nApplicability\n06-0113\nMr. Ed Mazzullo\nPHMSA\nDirector of Hazmat Material Standards\nMay 11, 2006\n400 Seventh Street SW\nWashington, DC 20590\nRe: Hazmat regulations of a non commercial fuel truck operating on private property\nwith public access\nDear Mr. Manzullo:\nI need your help regarding a letter of advice (not a formal letter) regarding the application\nof hazmat regulations on private property. A month ago I spoke with Mr. Dave\nDonaldson in your department, 202-366-5869, who consulted with a staff attorney\nregarding this issue and they determined that we are not covered by the regulations since\nwe are not in commerce, and we are operating on private property. 49CFR171.1 (d) (4) is\nwhat they cited.\nThe issue at hand is the use of a fuel truck located in a privately owned industrial park\nthat is used to fuel airplanes located in hangers in the park. The park has an access\neasement to a privately owned airport runway. The truck is owned by a club called Gas\nBusters Social Club LLC, we have twelve members. We only use the truck to fuel our\nown private aircraft, we do not sell fuel. None of our members use their aircraf: for\ncommercial operations, as the name implies this is a fun hog operation. We own the park\nentirely, including the roads.\nYesterday we were approached by an investigator from UDOT (Utah) Gary Holfeltz\neven though we owned the roads since we let the public enter the park we had to comply\nwho stated that we had to comply with the Federal Hazmat regulations. He stated that\nwith all of the same regulations as if we were acting as a common carrier of aviation\ngasoline on public roads, (Hazmat # is 1203).\nWhen asked which sections of code either State or Federal required this of private parties\nnot in commerce on their own land he was unable to answer. The complainant is the\nthey are improperly interpreting the hazmat regulations, which could force us to abandon\nadjacent airport that has a monopoly on avgas sales on the airport property. We believe\nour truck and buy from them, hence this request.\n\n<<<PAGE 3>>>\n\nWe understand there may be State regulations that are stricter than the Federal guidelines,\nand accordingly only seek advice regarding this situation at the Federal level. Mr.\nHolfeltz admitted he had never encountered this situation before, and is not adverse to\nyour input. He did determine that we are not in commerce, and can confirm that the park\nenforce any laws regarding roads in this park because it is private. You can confirm that\nis privately held. The local police in Woods Cross, Utah where this park is located do not\nby contacting Chief Paul Howard at 801-292-4422. We all need your help regarding how\nto interpret these regulations at the Federal level.\nIf you need additional information please call me at 800-820-9114. My fax # is 801-656-\nhis fax # is 801-965-4847. E-mail to his department goes to tamyscott@utah.gov\n2926. e-mail is jay.a.jensen@rbcdain.com Gary Holfeltz can be reached at 801-957-8581,\nSincerely\nJay Jensen","truncated":false,"body_characters":4810}