Interpretation Response #08-0057 ([Jacksonville Port Authority (Jaxport)] [Mr. Mike 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 (Jaxport)
Individual Name: Mr. Mike Becker
Location State: FL Country: US
View the Interpretation Document
Response text:
August 18, 2008
Mr. Mike Becker
Jacksonville Port Authority (Jaxport)
5945 Williams Mills Road
Jacksonville, FL 32256
Reference No. 08-0057
Dear Mr. Becker:
This responds to your e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they pertain to exceptions from the HMR when restricting public access during hazardous material movements. Specifically, you request clarification and intent of § 171.1(d)(4) and a definition for the word "public" as used in this paragraph.
Section 171.1(d)(4) excepts hazardous material shipments from the HMR by rail and motor vehicle when the transportation of the hazardous materials occurs entirely within a facility"s boundary provided public access is restricted during transportation. If any portion of the hazardous materials movement is on or crosses a public road or track, access to that area must be restricted by signals, lights, gates, or similar controls during that portion of the movement.
You also ask whether the definition of "public" includes delivery drivers, mailpersons and family members. For purposes of the exception in § 171.1(d)(4) and your scenario, "public" means anyone who does not have a business-related reason to be on the facility. Thus, delivery personnel, including mail delivery personnel, are not considered members of the public for purposes of the exception nor are vendors or other persons who may be on the facility for a legitimate business purpose. However, access to family members or other individuals who may visit or traverse the facility must be restricted.
I hope this information is helpful. Please contact this office if you have additional questions.
Sincerely,
Edward T. Mazzullo
Director
Office of Hazardous Materials Standards
§ 171.1(d)(4)