{"operation":"document","citation":"13-0160","title":"The Boeing Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-12-19","effective_on":null,"summary":"13-0160 response to The Boeing Company concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0160.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0160.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0160","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130160.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nDEC 1 9 Z013\nMr. Paul Burroughs\nThe Boeing Company\n6001 S. Air Depot Blvd\nOklahoma City, OK 73135\nRef. No.: 13-0160\nDear Mr. Burroughs:\nThis is in response to your August 05, 2013 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CPR Parts 171-180) regarding the applicability of the\nHMR to persons and functions. You state that your facility is a business engaged in\ncommerce that receives and ships non-bulk shipments of hazardous materials, and that you\nare a conditionally exempt small quantity household waste generator. You state that you\nhave recently signed a lease on additional building space and would like an interpretation as\nto if hazardous materials shipments made between an existing site and the new site would\nbe regulated under the HMR. You have provided a map of the existing facilities, the new\nfacilities, and the proposed transport route between the old and new facilities.\nBased on the information provided in your letter it is the opinion of this office that your\nshipments between your existing facilities and the new facility would be regulated by the\nHMR. Section 1 71.1 (d) lists functions not subject to the requirements of the HMR.\nSection § 171.1 (d)( 4) states that the HMR do not apply to rail or motor vehicle movements\nof a hazardous material exclusively within a contiguous facility boundary where public\naccess is restricted unless the movement is on or crosses a public road or is on track that is\npart of the general railroad system of transportation. However, if access to the public road is\nrestricted by signals, gates, lights, or similar controls, the movement is not subject to the\nHMR. The map that you provided notes that part of the proposed transport route occurs in\nparking lots not part of your contiguous property. As long as the motor vehicle movement\nincludes any transportation outside of the contiguous property boundary, § 171.1 (d)( 4)\ncannot apply.\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\n~-·]····-···---; / '-J ,:J ·:_~-~f~~=~~/\n. ~: .. --~\"\" (._. [t: f.. /r(_ ( f I • I 7 '· .\nDuane A. Pfund 1/\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nWe~h\n~ 111. I (l{~\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nAttachments:\nImportance:\nINFOCNTR (PHMSA)\nMonday, August 05, 2013 4:38 PM\nDrakeford, Carolyn (PHMSA)\nFW: 49 CFR interpretation request\nSite_Pian_Markup.pdf\nHigh\nHi Carolyn,\nThis caller requested we submit this e-mail as a formal letter of interpretation.\nThanks,\nVictoria\nFrom: Burroughs, Paul G [mailto:Paui.G.Burroughs@boeing.com]\nSent: Monday, August OS, 2013 3:41 PM\nTo: INFOCNTR (PHMSA)\nCc: Henry, Dana L\nSubject: 49 CFR interpretation request\nImportance: High\nDear Sir or Madam,\nI would like to request an interpretation of 49 CFR 171.1 (d)(4) regarding the transportation of Dangerous Goods (DG) and\nHazardous Waste (HW) between multiple facilities. Let me preface this request with the following information about our\nfacility.\n1. Business engaged in Commerce\n2. 3. Receive and ship non bulk shipments of DG\nSmall quantity HW generator conditionally exempt\nWe have currently signed a lease on additional building space and would like to determine if we remain within or outside\nof the regulations if we transport DG and HW between the sites using either a gas or electric powered vehicles. At no\ntime would the vehicle travel on any city or state maintained roadways and I have attached a map to better illustrate the\nproposed situation.\nIf you need additional information or clarification please call me directly at 405-610-3822.\nThank you in advance for your assistance in this matter.\nV/R\nPaul Burroughs\nThe Boeing Company\nOKC International Operc1tions & Compliance\n6001 5 Air Depot Blvd.\nOklahoma City, OK 7313!5\nMC R?-09\nExport/Traffic Focal\nNOTE NEW Phone: 40E;-610-3822\n1\n\n<<<PAGE 3>>>\n\nCELL:405-249-7347\nFax: 405-622-6095\nPaui.G.Burroughs@Boeing.com\n\"This email and any files transmitted with it are confidential and intended solely for the\nuse of the individual(s) or entity to whom they are addressed. If you have received this\nemail in error please notify the sender\"\nTo argue with a person who has renounced the use of reason is like administering medicine to the dead. \"' Thomas Paine\n2\n\n<<<PAGE 4>>>\n\nEXISTING. 1,522\nTOTAL DISPlACED: 268\nNeN PARKING SPACES: 314\nNETGA!N:26\nTOTAL SHOWN·1, 548\n:rtie-pu,:Pfe 1liies\"\n!show a unfenced\n'parking lots that\njare unsecured\n:l'u~~<: a£C<>\"-S\nj\nt\nlo\n,~ .\nI,\n\"·~~~\nr i; 1\n-7\"--::·;-:::-,L ~,,G\n-\n(\nI\nI\nl\nProposed transfer\nroute between Site 2\nand Site3\nAdjoining business","truncated":false,"body_characters":4812}