Interpretation Response #06-0088 ([Jacksonville Port Authority] [Mr. Michael Becker])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Jacksonville Port Authority
Individual Name: Mr. Michael Becker
Location State: FL Country: US
View the Interpretation Document
Response text:
Jun 6, 2006
Mr. Michael Becker Reference No. 06-0088
Jacksonville Port Authority
5945 Williams Mills Rd.
Jacksonville, FL 32256
Dear Mr. Becker:
This is in response to your letter and subsequent telephone conversation with a member of my staff requesting clarification of the term “restricted public access” under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as it applies to loading, unloading and transportation of hazardous materials on Jacksonville Port Authority (Jaxport) property. You also question whether a hazardous materials endorsement is required for drivers. You state that Jaxport employees are transporting the material using Jaxport vehicles and that the material is used for Jaxport operations, not for commercial purposes. You also state that the roads are open to the public.
The statutory authority granted to the Department of Transportation under the Federal hazardous materials transportation law (49 U.S.C. 5101 et. seq.) is limited to transportation in commerce. Shipments of hazardous materials transported by a government entity in vehicles operated by government personnel for non-commercial purposes are not subject to the HMR, whether on public or private roads.
Under the HMR, the phrase “restricted public access” means the public is denied access to the road during the entire time the hazardous material is being transported. Access may be restricted by signals, lights or gates. Any similar controls may be used provided the intent of the requirement is met and public access is denied.
Requirements for commercial drivers licenses (CDLs) are contained in regulations issued by the Federal Motor Carrier Safety Administration (FMCSA) at 49 CFR Part 383. These regulations require drivers who transport hazardous materials shipments for which a placard is required under the HMR to obtain a CDL with a hazardous materials
(hazmat) endorsement. The requirement for a hazmat endorsement applies only to shipments subject to the HMR. Note that even though Jaxport drivers are not required to have a hazmat endorsement under the Federal regulations, state or local authorities may require conformance with the requirement.
I hope this information is helpful. Please contact this office should you have additional questions.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
171.1