Regulation

171.1(d)(4)

Regulation summary

Section 171.1(d) establishes which functions are not applicable to the HMR.

Question/dilemma

In this scenario, a carrier inquires if they close off a public road between two facilities to transport hazmat, would the area be considered a contiguous facility and not subject to the HMR requirements. The carrier explains that they transport hazmat between a facility and a warehouse that they own, and that the facility and warehouse are on opposite sides of a public road. They further explain that whenever hazmat is transported between the two buildings, they mark the public road with yellow hash marks, posts "CAUTION" signs facing each direction of traffic and closes the public road between the facility and warehouse in both directions by placing physical barriers and stop signs.

In this interpretation, PHMSA addresses if a public road between two facilities is closed, would the area become a contiguous facility boundary and not subject to the HMR.

Interpretation summary

In interpretation Ref. No. 22-0064, PHMSA advises that the operation would be considered a contiguous facility boundary as referenced in § 171.1(d)(4) when access to the public road is restricted by signals, lights, gates, or similar controls and not subject to the requirements of the HMR.