{"operation":"document","citation":"CHI-11-003","title":"NASA — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-12-20","effective_on":null,"summary":"CHI-11-003 response to NASA concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-chi-11-003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-chi-11-003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-chi-11-003","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Hazmat/ChiefCounsel/CHI-11-003.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue, S.E.\nLone E26 (PHC-10)\nWashington, D.C. 20590-0001\nPipeline and Hazardous\nOffice of\nPhone: (202) 366-7166\nMaterials Safety\nChief Counsel\nFax: (202) 366-7041\nAdministration\nE-mail: meridith.kelsch@dot.gov\nHazardous Materials Safety\nLaw Division\nDecember 20, 2011\nMr. Joe Torsani\nNASA Pressure Systems Manager\nMail Stop: SA-G2\nJohn F. Kennedy Space Center, FL 32899\nDear Mr. Torsani:\nThis letter is in response to your request for interpretation submitted in August 2011. You ask\nfor clarification of whether, under the provisions of 49 C.F.R. § 171.1(d)(4), the Kennedy Space\nCenter (KSC) and Cape Canaveral Air Force Station (CCAFS) are subject to the requirements of\nwithin the boundaries of these facilities.\nthe Hazardous Materials Regulations (HMR) when moving hazardous materials exclusively\nUnder 49 C.F.R. § 171.1(d)(4), rail or motor vehicle movements of hazardous materials\noccurring exclusively within the boundaries of a contiguous facility where public access is\nrestricted are not subject to the requirements of the HMR. If such movement crosses an area that\nsimilar controls.\nis publicly-accessible, access to that area must be restricted by the use of signals, lights, gates, or\nYour letter indicates that KSC and CCAFS are contiguous facilities and that hazardous materials\nare moved within the boundaries of the property using two common roadways. These facilities\nrestrict access through fencing, security-guarded gates at all entrances, controlled-access\nwaterways, as well as patrolling helicopters, airboats in inland waterways, and roving patrols\nnear the Atlantic Ocean. However, public access to these facilities is not entirely restricted. You\nstate that public entry is prohibited on the grounds with the exception of daily bus tours between\n10:00 a.m. and 5:00 p.m., a childcare center open between 6:00 a.m. and 6:00 p.m. for children\nof employees, and periodic special events in which family/friends of employees are permitted on\nthe premises.\n\n<<<PAGE 2>>>\n\nSince public access to KSC and CCAFS is not entirely restricted, additional steps are necessary\nto limit public access to areas where hazardous materials are moving within the facilities. One\noption, as your letter suggests, is to move hazardous materials between the hours of 7:00 p.m.\nand 5:00 a.m., when there is no public access to the grounds. Alternatively, KSC and CCAFS\ncould restrict access to the areas where hazardous materials are moving between 5:00 a.m. and\n7:00 p.m. through the use of fencing, security personnel, or other means of preventing public\ncontact.\nIf these added precautions are taken to prevent public access to the areas of hazardous materials\nmovement within the boundaries of the property, then the requirements of the HMR would not\napply, pursuant to 49 C.F.R. § 171.1(d)(4).\nAlternatively, if a government employee moves the hazardous materials \"solely for\nnoncommercial... government purposes,\" the movement is not subject to the requirements of the\nHMR under 49 C.F.R. § 171.1(d)(5).\nResponses to your specific questions are as follows:\n(1) Does the fact that visitors pay a fee to a NASA-contracted concessionaire for an escorted\ntour of the facility constitute a \"business-related reason to be on the facility,\" as referenced in\nPHMSA Interpretation Reference No. 08-0057, dated August 18, 2008?\nSection 171.1(d)(4) provides that \"public access\" must be restricted. In order to determine\nwhether \"public access\" to an area exists, you must consider all relevant factors and not solely\nwhether there is a business-reason for being on the premises. Based on your description, the\ngrounds are publicly accessible to bus tours, children attending on-site daycare, and\nfamily/friends attending special events. These activities qualify as \"public access\" based on\nnumerous relevant considerations, including that the individuals are not employees at KSC or\nCCAFS, they have no role in the regular operations of the facilities, they have no part in the\nmovement of hazardous materials, the grounds are readily open to them during certain hours, and\nthey are on the premises for purely recreational or educational purposes. Therefore, KSC and\nCCAFS must limit these individuals from accessing areas where hazardous materials are moving\nin order to fall under 49 C.F.R. § 171.1(d)(4).\n(2) Considering the facts above, does 49 C.F.R. § 171.1(d)(4) exempt KSC and CCAFS from\nthe HMR?\nAs discussed above, KSC and CCAFS are not subject to the requirements of the HMR, under 49\nC.F.R. § 171.1(d)(4), if steps are taken to restrict public access to the areas where hazardous\nmaterials are moving within these facilities. Based on the information you provided, public\naccess to the facilities is entirely restricted between 7:00 p.m. and 5:00 a.m.; therefore,\nmovement during those hours is not subject to the HMR. Similarly, the HMR does not apply if\npublic access to the areas of movement is restricted through the use of fences, security, or other\nmeans during business hours when there is public access to the facilities.\n\n<<<PAGE 3>>>\n\n(3) If the answer to Question 2 is \"No,\" is it possible to invoke the exemption for compressed\ngas trailer movements within the contiguous facility boundaries during the hours of where no\nmembers of the general public should be on KSC and CCAFS (e.g., 1900 to 0500)?\nYes; as discussed above, the requirements of the HMR do not apply when hazardous materials\nare moved within the boundaries of these facilities during periods when public access is\nrestricted from the areas of movement. Therefore, KSC and CCAFS may move hazardous\nmaterials within the contiguous facilities when the public is excluded from the grounds between\n7:00 p.m. and 5:00 a.m. or if the public is barred from the area of movement during business\nhours.\nIf you require additional clarification or assistance, please do not hesitate to submit further\ninquiries.\nJail balone\nHazardous Materials Safety","truncated":false,"body_characters":5993}