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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

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)

Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions