Los Alamos National Laboratory Packaging and Transportation — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Hazardous Materials Safety Pipeline and Administration JUL 11 2006 Los Alamos National Laboratory Packaging Mr. Joseph Lowery Ref. No. 06-0135 P.O. Box 1663 MS A194 and Transportation 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 is restricted unless the movement is on or crosses a public road or is on track that is part hazardous material exclusively within a contiguous facility boundary where public access restricted by signals, gates, lights, or similar controls, the movement is not subject to the of the general railroad system of transportation. However, if access to the public road is HMR. (see §171.1(d)(4)). I hope this answers your inquiry. Sincerely, Chief, Standards Development Office of Hazardous Materials Standards 171.1 (d) (4) 060135#

Page 2Bosthe • Los Alamos NATIONAL LABORATORY Applicability EST.1943 16 - 0135 Packaging and Transportation Los Alamos, NM PO Box 1663 MS A194 505-665-8628 / Fax 505-667-9829 87545 Refer To: Date: May 17, 2006 : P&T:06-0139 Director, Office of Hazardous Materials Standards Mr. Edward T. Mazzullo U.S. DOT/PHMSA (PHH-10) 100 7* Street S.W Nashington, D.C. 20590-000: Dear Mr. Mazzullo: The purpose of this correspondence is to verify that the formal Department of Transportation (DOT) Interpretation of Susan H. Denny, Director, Transportation Management Program, Department of Energy to Judith S. Kaleta, Esq., Chief Detinition of Public Highway is still valid. This interpretation was requested in a letter dated March 25, 1991 from Ms. to Denny, dated April 23, 1991(attached). Counsel, Research and Special Programs Administration, U. S. Department of Transportation, and the response from Kaleta Hazardous Material regulations. The response to the request, from Kaleta to Denny states in part: The above mentioned correspondence was generated to obtain clarification of when roads are subject to the provisions of the the transportation is not in commerce (a prerequisite to the applicability of the HMTA and the HMR). "DOE's contractors, however, must comply with the HMR even when the transportation is in a Government vehicle - unless Transportation on Government properties requires close analysis to determine whether it is in commerce. If a road is used by Transportation on (across or along) roads outside of Government properties generally is transportation in commerce. a controlled access point, transportation on (across or along) that road is in commerce. On the other hand, if access to a road members of the general public (including dependents of Government employees) without their having to gain access through is controlled at all times through the use of gates and guards, transportation on that road is not in commerce. emporarily block access to the section of the road being crossed or used for that transportation. The road would have to be One other means of preventing hazardous materials transportation on Government property from being in commerce is to blocked by persons having the legal authority to do so, and public access to the involved section of road would have to be effectively precluded." call my office should you need any additional information. Given the vintage of this correspondence, the DOT is requested to verify that its conclusions are still val:d. Please feel free to Sincerely, Joseph "Dusty Los Alamos National Laboratory Packaging and Transportatior Lowery Operated by Los Alamos National Security (LANS) LLC. 6.1.06 Cy: Bob McQuinn, T002 Gil Torres, A194 Jim Angelo, C347 P&T Records, A194 Carolyn Zerkle, A108 IM-9, A150 An Equal Opportunity Employer / Operated by the University of California for DOE/NNSA The World's Greatest Science Protecting America#