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 |
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173.403 | Definitions |