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Interpretation Response #07-0005 ([Monticello Nuclear Generating Plant] [Timothy M. Gallagher])

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

Interpretation Response Details

Response Publish Date:

Company Name: Monticello Nuclear Generating Plant

Individual Name: Timothy M. Gallagher

Location State: DC Country: US

View the Interpretation Document

Response text:

Mar 7, 2007

Timothy M. Gallagher                               
Reference No. 07-0005
Monticello Nuclear Generating Plant
2807 West County Road 75
Monticello, Minnesota 55362-9637

Dear Mr. Gallagher:

This is in response to your December 13, 2006 letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the transportation of pistols equipped with tritium gun sights. According to your letter, the pistols are carried by plant security officers for the performance of duties in accordance with a Nuclear Regulatory Commission approved physical security plan for a civilian nuclear power plant. Your questions are summarized and answered as follows:

Q1. What are the applicable requirements, if any, when our officers are carrying their firearms while on duty, which includes security patrols in a vehicle on private property and public property - including highways?

Al. The HMR apply to the commercial transportation of hazardous materials (see § 171.1). Transportation of a weapon by a security officer with a valid license or permit for the weapon is not commercial transportation when the officer is performing authorized duties. Thus, transportation of a pistol by a security officer in a co or personal vehicle during routine patrols of plant facilities, including patrols on public roads around the facility, is not subject to HMR requirements.

Q2. What are the applicable requirements, if any, when our employees transport these firearms in cases to a firearms range for qualification, which includes traveling in a vehicle on private property and public property, including highways?

A2. Under § 173.403 of the HMR, "radioactive material" is defined as any m containing radionuclides where both the activity concentration and the total activity in the consignment exceed the values specified in the table in § 173.436 or values derived according to the instructions in § 173.433. In accordance with this definition, a pistol equipped with the tritium gun sight described in your letter is a radioactive m for purposes of the I-IMR. When transported as cargo by motor vehicle over public roads, such as delivery from a power plant to a firearms range for qualification, the pistols are subject to all requirements of the HMR applicable to such transportation.

Q3. What are the applicable requirements, if any, when these firearms are shipped to the manufacturer for repair?

A3. SeeA2.
Q4. What are the applicable monitoring requirements (i.e., detection of leaks if any, for the tritium sources.

A4. A radioactive instrument or article offered for transportation as an excepted package must satisfy the activity limits specified in § 173.424. The active material must be completely enclosed by non-active components. An instrument or article that is leaking radioactive material may not be offered for transportation in commerce, unless that instrument or article no longer contains any radioactive material.

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


Edward T. Mazzullo
Director, Office of Hazardous Materials Standards

171.1, 173.403, 173.424

Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions
173.403 Definitions
173.424 Excepted packages for radioactive instruments and articles