{"operation":"document","citation":"08-0057","title":"Jacksonville Port Authority (Jaxport) — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-08-14","effective_on":null,"summary":"08-0057 response to Jacksonville Port Authority (Jaxport) concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0057.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0057.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0057","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080057.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Ave , S E\nWash~nglon. DC 20590\nMr. Mike Becker\nJacksonville Port Authority (Jaxport)\n5945 Williams Mills Road\nJacksonville. FL 32256\nReference No. 08-0057\nDear Mr. Becker:\nThis responds to your e-mail requesting clarification of the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 17 1 - 180) as they pertain to exceptions from the HMR when restricting\npublic access during hazardous material movements. Specifically, you request clarification\nand intent of 5 17 1.1 (d)(4) and a definition for the word \"public\" as used in this paragraph.\nSection 171.l(d)(4) excepts hazardous material shipments from the HMR by rail and motor\nvehicle when the transportation of the hazardous materials occurs entirely within a facility's\nboundary provided public access is restricted during transportation. If any portion of the\nhazardous materials movement is on or crosses a public road or track, access to that area must\nbe restricted by signals. lights, gates, or similar controls during that portion of the movement.\nYou also ask whether the definition of \"public\" includes delivery drivers, mailpersons and\nfamily members. For purposes of the exception in 5 171.l(d)(4) and your scenario. \"public\"\nmeans anyone who does not have a business-related reason to be on the facility. Thus,\ndelivery personnel, including mail delivery personnel. are not considered members of the\npublic for purposes of the exception nor are vendors or other persons who may be on the\nfacility for a legitimate business purpose. However. access to family members or other\nindividuals who may visit or traverse the facility must be restricted.\nThe HMR apply to the commercial transportation of hazardous materials. Section 1 71. l (d)(4)\nis intended to clarify that movement of a hazardous material that takes place entirely within a\ncontiguous facility boundary where public access is restricted is not considered commercial\ntransportation for purposes of the HMR and. therefore. is not subject to regulation under the\nHMR. This section is also intended to establish conditions under which the facility may\ntransport hazardous materials along or across a public road or on track that is part of the\n\n<<<PAGE 2>>>\n\ngeneral railroad system in order to move the hazardous material from one location in the\nfacility to another location in the facility without invoking a panoply of regulatory\nrequirements.\nI hope this information is helpful. Please contact this office if you have additional questions.\nSincerely.\nb Edward T. Mazzullo\nDirector\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nDra keford, Carolyn <PHMSA>\nFrom: INFOCNTR <PHMSA>\nSent: Thursday, March 06, 2008 11 :27 AM\nTo: Drakeford, Carolyn <PHMSA>\nCc: 'Mike. Becker@jaxport.com'\nSubject: FW: public access\nFrom: PHIYSA Web Initiative\nSent: Thursday, March 06, 2008 11:ll AM\nTo: IlUFOClUTR <PHMSA>\nCc: Vines, T'Mia <PHMSA>\nSubject: FW: public access\nFrom: Mike Becker (Crane Tech 111) [mailto:Mike.Becker@jaxport.corn]\nSent: Thursday, March 06, 2008 10:43 AM\nTo: PHMSA Web Initiative\nSubject: public access\nTo whom it may concern,\nI need a formal interpretation on 49 CFR 171 .Id4 on Functions not subject to the requirements of the HMR\nRestricted public access. Who is considered \"public\". Is it Delivery drivers,\nmailpersons, family member, sales personnel, office personnel etc. This can be\nviewed in a lct of different ways. I really need a more information in writing on\nwho to restrict than just public. I assume it is to keep all personnel not directly\ninvolved with the movement of the hazardous material away to ensure there safety?\nOr is it ok to let them through? I also need to know the intent of 49 CFR 171.ld4.\nThank you\nMike Becker\n9043334902","truncated":false,"body_characters":3816}