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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 #01-0058 ([Monitor-Merrimac Memorial Bridge Tunnel] [Mr. Otis T. Eanes])

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

Interpretation Response Details

Response Publish Date:

Company Name: Monitor-Merrimac Memorial Bridge Tunnel

Individual Name: Mr. Otis T. Eanes

Country: US

View the Interpretation Document

Response text:

APR 5, 2001

 

Mr. Otis T. Eanes                     Ref. No. 01-0058
Bridge Tunnel Patroller
Monitor-Merrimac Memorial Bridge Tunnel
P.O. Box 6570
Portsmouth, Virginia 23703

Dear Mr. Eanes:

Thank you for your February '8,2001 letter to Secretary of Transportation Norman Mineta. Your letter has been referred to this office for response. You ask about state and local routing requirements for the transportation of hazardous materials and specifically about restrictions on the transportation of certain hazardous materials through tunnels.

The Hazardous Materials Regulations (HMR; 49 CFR Parts i 71-180) set forth requirements for persons who offer hazardous materials for transportation or transport hazardous materials in commerce. The HMR explain how to class and package a hazardous material and how the package must be marked and labeled. The HMR also tell how to complete the shipping papers and emergency response information that must accompany a hazardous material shipment. In addition, the HMR tell whether the vehicle in which a hazardous materials shipment is being transported must be placarded and the specific placards that must be used. Finally, the HMR explain training requirements for persons who transport hazardous materials or prepare hazardous materials for shipment.

Hazardous materials transported in commerce, including on state- or privately-owned bridges and tunnels, must conform to all applicable requirements of the HMR. In addition, regulations issued by the Federal Motor Carrier Safety Administration (FMCSA) at 49 CFR Part 397 provide general routing standards for states and Indian tribes that wish to establish highway routing designations for non-radioactive hazardous materials (NRHM). Generally, these regulations require a state or tribal government to make a public finding that NRHM routing designations enhance public safety in both the area subject to its jurisdiction and other areas that are directly affected by the routing designation. In establishing routing designations, a state or Indian tribe must consider a number of factors, including the population potentially exposed to an NRHM release; the characteristics of the highway; the types and quantities of NRHM expected to be transported on the designated route; emergency response capabilities; and exposure and other risk factors. So long as states and Indian tribes comply with these general standards, they have broad discretion to develop routing designations for NRHM. State officials are better positioned than is the federal government to assess local bridge or tunnel conditions, accident histories, emergency response capabilities, alternative routes, and exposure and other risk factors in making such decisions. Similarly, we believe state authorities should be responsible for enforcing any bridge or tunnel restrictions and for training their employees to enforce the restrictions. You should discuss any concerns you may have about hazardous materials transported- through the Monitor­Merrimac Memorial Bridge Tunnel with your supervisor.

I hope this information is helpful, If you have further questions, please do not hesitate to contact this office.

Sincerely,

 

Edward T. Mazzullo, Director
 Office of Hazardous Materials Standards

172.701

Regulation Sections