{"operation":"document","citation":"06-0135","title":"Los Alamos National Laboratory Packaging and Transportation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-07-11","effective_on":null,"summary":"06-0135 response to Los Alamos National Laboratory Packaging and Transportation concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0135.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0135.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0135","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060135.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nHazardous Materials Safety\nPipeline and\nAdministration\nJUL 11 2006\nLos Alamos National Laboratory Packaging\nMr. Joseph Lowery\nRef. No. 06-0135\nP.O. Box 1663 MS A194\nand Transportation\nLos Alamos, NM 87545\nDear Mr. Lowery:\nThis responds to your May 17, 2006 letter requesting clarification on the applicability of\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to transportation of\nhazardous materials by public highway. Specifically, you ask if the April 23, 1991 letter\nof interpretation from Ms. Judith S. Kaleta, Esq., Chief Counsel, Research and Special\nPrograms Administration, U.S. Department of Transportation, on the applicability of the\nHMR to transportation of hazardous materials via public highway is valid.\nThe answer is yes. The HMR do not apply to rail or motor vehicle movements of a\nis restricted unless the movement is on or crosses a public road or is on track that is part\nhazardous material exclusively within a contiguous facility boundary where public access\nrestricted by signals, gates, lights, or similar controls, the movement is not subject to the\nof the general railroad system of transportation. However, if access to the public road is\nHMR. (see §171.1(d)(4)).\nI hope this answers your inquiry.\nSincerely,\nChief, Standards Development\nOffice of Hazardous Materials Standards\n171.1 (d) (4)\n060135\n\n<<<PAGE 2>>>\n\nBosthe\n• Los Alamos\nNATIONAL LABORATORY\nApplicability\nEST.1943\n16 - 0135\nPackaging and Transportation\nLos Alamos, NM\nPO Box 1663 MS A194\n505-665-8628 / Fax 505-667-9829\n87545\nRefer To:\nDate: May 17, 2006\n: P&T:06-0139\nDirector, Office of Hazardous Materials Standards\nMr. Edward T. Mazzullo\nU.S. DOT/PHMSA (PHH-10)\n100 7* Street S.W\nNashington, D.C. 20590-000:\nDear Mr. Mazzullo:\nThe purpose of this correspondence is to verify that the formal Department of Transportation (DOT) Interpretation of\nSusan H. Denny, Director, Transportation Management Program, Department of Energy to Judith S. Kaleta, Esq., Chief\nDetinition of Public Highway is still valid. This interpretation was requested in a letter dated March 25, 1991 from Ms.\nto Denny, dated April 23, 1991(attached).\nCounsel, Research and Special Programs Administration, U. S. Department of Transportation, and the response from Kaleta\nHazardous Material regulations. The response to the request, from Kaleta to Denny states in part:\nThe above mentioned correspondence was generated to obtain clarification of when roads are subject to the provisions of the\nthe transportation is not in commerce (a prerequisite to the applicability of the HMTA and the HMR).\n\"DOE's contractors, however, must comply with the HMR even when the transportation is in a Government vehicle - unless\nTransportation on Government properties requires close analysis to determine whether it is in commerce. If a road is used by\nTransportation on (across or along) roads outside of Government properties generally is transportation in commerce.\na controlled access point, transportation on (across or along) that road is in commerce. On the other hand, if access to a road\nmembers of the general public (including dependents of Government employees) without their having to gain access through\nis controlled at all times through the use of gates and guards, transportation on that road is not in commerce.\nemporarily block access to the section of the road being crossed or used for that transportation. The road would have to be\nOne other means of preventing hazardous materials transportation on Government property from being in commerce is to\nblocked by persons having the legal authority to do so, and public access to the involved section of road would have to be\neffectively precluded.\"\ncall my office should you need any additional information.\nGiven the vintage of this correspondence, the DOT is requested to verify that its conclusions are still val:d. Please feel free to\nSincerely,\nJoseph \"Dusty\nLos Alamos National Laboratory Packaging and Transportatior\nLowery\nOperated by Los Alamos National Security (LANS) LLC. 6.1.06\nCy:\nBob McQuinn, T002\nGil Torres, A194\nJim Angelo, C347\nP&T Records, A194\nCarolyn Zerkle, A108\nIM-9, A150\nAn Equal Opportunity Employer / Operated by the University of California for DOE/NNSA\nThe World's Greatest Science Protecting America","truncated":false,"body_characters":4363}