{"operation":"document","citation":"18-0152","title":"Regulatory Resources Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-04-16","effective_on":null,"summary":"18-0152 response to Regulatory Resources Inc. concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0152.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0152.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0152","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/71206/180152.pdf","body":"<<<PAGE 1>>>\n\n0\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nAPR 1 6 2019\nWade Winters\nPresident\nRegulatory Resources Inc.\n3 79 Aragon A venue\nLos Alamos, NM 87547\nReference No. 18-0152\nDear Mr. Winters:\nThis letter is in response to your November 29, 2018, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the restriction of\npublic access to roads in accordance with§ 171.l(d)(4). You describe a scenario in which a\npublic road (i.e., a state route) runs through government land and explain that while the roads are\nmostly controlled by guards, certain government roads that intersect the state road are restricted\nby signage only. You reference three other Letters of Interpretation that indicate that signs,\nsignals, gates, or guard stations are appropriate means of restricting public access as required by\n§ 171.1 ( d)( 4) and seek confirmation that the same answer would apply to your scenario.\nThe answer is yes. Shipments that occur on private roads whose access is restricted to the public\n(e.g., limited to authorized personnel), whether by signage (as you described and presented in\nyour letter) or physical barriers, are not subject to the requirements of the HMR.\nI hope this information is helpful. Please contact us if we can be of further assistance.\n&E\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nRegulatory\nResources Inc.\n\"The Source You Come Back To\"\n379 Aragon Ave.\nI . <r _ {) C ;2 Los Alamos, NM 87547\n1> I -...,J Voice: 505-393-0111\ninfo@regulatoryresources.net\nwww.regulatoryresources.net ·\nNovember 29, 2018\nStandards and Rulemaking Division,\nPipeline and Hazardous Materials Safety Administration\nAttn: PHH-10\nU.S. Department ofTransportation, East Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nDear Standards and Rulemaking Division,\nThere have been over the years a number of letters issued from PHMSA discussing the means to restrict public\naccess for a shipment of hazardous materials to be considered \"not in commerce\" (see Ref. Nos. 99-0261, 00-\n0090, and 03-0151) The letters indicate the use of signs, signals, gates, or guard stations as examples. This letter\nseeks to confirm the use of signage as a means to achieve public access restriction.\nSigns are used throughout the USA to convey Federal and State regulations regarding travel on our roadways.\nSpeed limit signs and Stop signs are just a couple of examples. The DOT Federal Highway Administration (FHA)\nManual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), Chapter 2A, Section 2A.0l, states\n\"[t]he functions of signs are to provide regulations, warnings, and guidance information for road users.\"\nAccording to Section lA.13 and 28.01, the definition of \"regulatory sign\" is a sign that gives notice to road users\nof traffic laws or regulations, and \"shall be used to inform road uses of selected traffic laws or regulations and\nindicate the applicability of the legal requirements.\"\nRoad signage is a means to communicate specific requirements, some of which must be obeyed. Signage that\nprohibits unauthorized access is included. For example, a sign with words, \"RESTRICTED AREA - Authorized\nPersonnel Only\" or a sign displaying \"NO Trespassing\" clearly visible from the road denies entry to private or\ngovernment owned property to all but those authorized.\nQuestions have arisen during courses about the use of signs to prohibit public access, thus, rendering\ntransportation of hazardous materials on the private or government owned property beyond such signage not to\nbe \"in commerce.\" One example in particular is a public road (we'll say State Route 1) that runs throug h a\nportion of government land. Access to the government land is controlled by guards. For those wishing to\ntransverse State Route 1 through the government land must provide federal or state issued ho o iden ifi\nGovernment owned roads that intersect this stretch of State Route 1 will have signs that clearly state\n\"RESTRICTED AREA - Authorized Personnel Only\" or a sign displaying \"NO Trespassing\" (Figure 1).\nRESTRICTED\nAREA\nDO NOT ENTER /Qi'\\\nAUlHORIZED \\]Y\nPERSONNEL ONLY\nA WARNING\nRESTRICTa,J AREA\nPE~=5:ty\nFigure 1 (3 examples)\n\n<<<PAGE 3>>>\n\nRegulatory Resources, Inc.\n379 Aragon Avenue\nLos Alamos, NM 87547\n505-393-0111\ninfo@regulatoryresources.net\nwww.regulatoryresources.net\nNovember 29, 2018\nPage 2\nRRI is seeking PHMSA concurrence that signage like that in Figure 1 which strictly prohibits unauthorized access\nto private or government owned land to anyone not specifically authorized fulfills the intent of public-restricted\naccess for the purpose of hazardous materials transportation.\nThank you.\nFor Regulatory Resources, Inc.,\nW. A. Winters\nPresident","truncated":false,"body_characters":4871}