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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 #18-0152

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Regulatory Resources Inc.

Individual Name: Wade Winters

Location State: NM Country: US

View the Interpretation Document

Response text:

April 16, 2019

Wade Winters
President
Regulatory Resources Inc.
379 Aragon Avenue
Los Alamos, NM  87547

Reference No. 18-0152

Dear Mr. Winters:

This letter is in response to your November 29, 2018, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the restriction of public access to roads in accordance with § 171.1(d)(4).  You describe a scenario in which a public road (i.e., a state route) runs through government land and explain that while the roads are mostly controlled by guards, certain government roads that intersect the state road are restricted by signage only.  You reference three other Letters of Interpretation that indicate that signs, signals, gates, or guard stations are appropriate means of restricting public access as required by § 171.1(d)(4) and seek confirmation that the same answer would apply to your scenario.

The answer is yes.  Shipments that occur on private roads whose access is restricted to the public (e.g., limited to authorized personnel), whether by signage (as you described and presented in your letter) or physical barriers, are not subject to the requirements of the HMR.
 
I hope this information is helpful.  Please contact us if we can be of further assistance.

Sincerely,

Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

171.1(d)(4)

 

 

Regulation Sections

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