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Interpretation Response #06-0135 ([Los Alamos National Laboratory Packaging and Transportation] [Mr. Joseph Lowery ])

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

Interpretation Response Details

Response Publish Date:

Company Name: Los Alamos National Laboratory Packaging and Transportation

Individual Name: Mr. Joseph Lowery 

Location State: NM Country: US

View the Interpretation Document

Response text:

Jul 11, 2006

 

Mr. Joseph Lowery                Reference No. 06-0135
Los Alamos National Laboratory Packaging
   and Transportation
P Box 1663 MS A194
Los Alamos, NM 87545

Dear Mr. Lowery:

This responds to your May 17, 2006 letter requesting clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 -.180) to transportation of hazardous materials by public highway. Specifically, you ask if the April 23, 1991 letter of interpretation from Ms. Judith S. Kaleta, Esq., Chief Counsel, Research and Special Programs Administration, U.S. Department of Transportation, on the applicability of the HMR to transportation of hazardous materials via public highway is valid.

The answer is yes. The HMR do not apply to rail or motor vehicle movements of a hazardous material exclusively within a contiguous facility boundary where public access is restricted unless the movement is on or crosses a public road or is on track that is part of the general railroad system of transportation. However, if access to the public road is restricted by signals, gates, lights, or similar controls, the movement is not subject to the HMR. (see §171.1(d)(4)).

I hope this answers your inquiry.

Sincerely,

 

John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards

171.1 (d)(4)

Regulation Sections

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