The Boeing Company — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 DEC 1 9 Z013 Mr. Paul Burroughs The Boeing Company 6001 S. Air Depot Blvd Oklahoma City, OK 73135 Ref. No.: 13-0160 Dear Mr. Burroughs: This is in response to your August 05, 2013 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CPR Parts 171-180) regarding the applicability of the HMR to persons and functions. You state that your facility is a business engaged in commerce that receives and ships non-bulk shipments of hazardous materials, and that you are a conditionally exempt small quantity household waste generator. You state that you have recently signed a lease on additional building space and would like an interpretation as to if hazardous materials shipments made between an existing site and the new site would be regulated under the HMR. You have provided a map of the existing facilities, the new facilities, and the proposed transport route between the old and new facilities. Based on the information provided in your letter it is the opinion of this office that your shipments between your existing facilities and the new facility would be regulated by the HMR. Section 1 71.1 (d) lists functions not subject to the requirements of the HMR. Section § 171.1 (d)( 4) states that the HMR do not apply to rail or motor vehicle movements of a hazardous material exclusively within a contiguous facility boundary where public access is restricted unless the movement is on or crosses a public road or is on track that is part of the general railroad system of transportation. However, if access to the public road is restricted by signals, gates, lights, or similar controls, the movement is not subject to the HMR. The map that you provided notes that part of the proposed transport route occurs in parking lots not part of your contiguous property. As long as the motor vehicle movement includes any transportation outside of the contiguous property boundary, § 171.1 (d)( 4) cannot apply. I trust this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, ~-·]····-···---; / '-J ,:J ·:_~-~f~~=~~/ . ~: .. --~"" (._. [t: f.. /r(_ ( f I • I 7 '· . Duane A. Pfund 1/ International Standards Coordinator Standards and Rulemaking Division#

Page 2We~h ~ 111. I (l{~ Drakeford, Carolyn (PHMSA) From: Sent: To: Subject: Attachments: Importance: INFOCNTR (PHMSA) Monday, August 05, 2013 4:38 PM Drakeford, Carolyn (PHMSA) FW: 49 CFR interpretation request Site_Pian_Markup.pdf High Hi Carolyn, This caller requested we submit this e-mail as a formal letter of interpretation. Thanks, Victoria From: Burroughs, Paul G [mailto:Paui.G.Burroughs@boeing.com] Sent: Monday, August OS, 2013 3:41 PM To: INFOCNTR (PHMSA) Cc: Henry, Dana L Subject: 49 CFR interpretation request Importance: High Dear Sir or Madam, I would like to request an interpretation of 49 CFR 171.1 (d)(4) regarding the transportation of Dangerous Goods (DG) and Hazardous Waste (HW) between multiple facilities. Let me preface this request with the following information about our facility. 1. Business engaged in Commerce 2. 3. Receive and ship non bulk shipments of DG Small quantity HW generator conditionally exempt We have currently signed a lease on additional building space and would like to determine if we remain within or outside of the regulations if we transport DG and HW between the sites using either a gas or electric powered vehicles. At no time would the vehicle travel on any city or state maintained roadways and I have attached a map to better illustrate the proposed situation. If you need additional information or clarification please call me directly at 405-610-3822. Thank you in advance for your assistance in this matter. V/R Paul Burroughs The Boeing Company OKC International Operc1tions & Compliance 6001 5 Air Depot Blvd. Oklahoma City, OK 7313!5 MC R?-09 Export/Traffic Focal NOTE NEW Phone: 40E;-610-3822 1#

Page 3CELL:405-249-7347 Fax: 405-622-6095 Paui.G.Burroughs@Boeing.com "This email and any files transmitted with it are confidential and intended solely for the use of the individual(s) or entity to whom they are addressed. If you have received this email in error please notify the sender" To argue with a person who has renounced the use of reason is like administering medicine to the dead. "' Thomas Paine 2#

Page 4EXISTING. 1,522 TOTAL DISPlACED: 268 NeN PARKING SPACES: 314 NETGA!N:26 TOTAL SHOWN·1, 548 :rtie-pu,:Pfe 1liies" !show a unfenced 'parking lots that jare unsecured :l'u~~<: a£C<>"-S j t lo ,~ . I, "·~~~ r i; 1 -7"--::·;-:::-,L ~,,G - ( I I l Proposed transfer route between Site 2 and Site3 Adjoining business#