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Interpretation Response #04-0266 ([R.E. Ginna Nuclear Power Plan] [Mr. Mark Harrison])

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

Interpretation Response Details

Response Publish Date:

Company Name: R.E. Ginna Nuclear Power Plan

Individual Name: Mr. Mark Harrison

Location State: NY Country: US

View the Interpretation Document

Response text:

Dec 3, 2004

 

Mr. Mark Harrison                 Reference No. 04-0266

RP Supervisor RW

R.E. Ginna Nuclear Power Plant

1503 Lake Road

Ontario, NY 14519

Dear Mr. Harrison:

This is in response to your November 15, 2004 letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the transport of radioactive materials. Your questions concern the transport of radioactive materials by a private company or a governmental entity in the event of a catastrophic failure at a nuclear power plant. Your scenarios and questions are paraphrased and answered as follows:

Q1. Is a private company subject to the HMR when transporting radioactive samples and contaminated materials during a catastrophic failure at a nuclear power plant?

Al. Yes. The transport of radioactive materials by a private company would be fully subject to the HMR, unless specifically excepted.

Q2. Is a local government entity subject to the HMR when transporting radioactive samples and contaminated materials during a catastrophic failure at a nuclear power plant?

A2. No. A local government entity that transports hazardous materials in vehicles operated by government personnel for non-commercial purposes is not a "person" for purposes of § 171.2 and, therefore, is not subject to the HMR.

Q3. Is an ambulance carrying a person contaminated with a radioactive material subject to the HMR?

A3. No. A person contaminated with a radioactive material is not an item of commerce; therefore, the ambulance would not be subject to the HMR.

I hope this information is helpful. Please contact us if you require additional assistance.

Sincerely,

 

Hattie Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

173.403

Regulation Sections

Section Subject
173.403 Definitions