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Interpretation Response #99-0261 ([Greenebaum Doll & McDonald, PLLC] [Carolyn M. Brown, Esq.])

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

Interpretation Response Details

Response Publish Date:

Company Name: Greenebaum Doll & McDonald, PLLC

Individual Name: Carolyn M. Brown, Esq.

Location State: KY Country: US

View the Interpretation Document

Response text:

December 28, 1999


Carolyn M. Brown, Esq.                 Ref No: 99-0261
Greenebaum Doll & McDonald, PLLC
1400 Vine Center Tower
333 West Vine Street
Lexington, Kentucky 40507-1665

Dear Ms. Brown:

This is in response to your letter of September 27, 1999 requesting clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180).  Specifically you ask whether the HMR are applicable to a company that transports hazardous materials throughout its multi-acre site if the roads are owned by the company and there are "No Trespassing" signs located at each entrance.

The answer is no.  As specified in §171.1, the HMR govern the safe transportation of hazardous
materials in intrastate, interstate and foreign commerce.  “In commerce” excludes from regulation the transportation of hazardous materials on private property.  The use of signs, gates, or guard stations at each entrance of a facility, to deny public access make the property private, and therefore, not subject to the HMR.  This is true whether deliveries are made by company employees or contractors; the HMR do not apply to transportation on private property.

I hope this information is helpful.



Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards


Regulation Sections

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