{"operation":"document","citation":"07-0005","title":"Monticello Nuclear Generating Plant — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-03-07","effective_on":null,"summary":"07-0005 response to Monticello Nuclear Generating Plant concerning 171.1, 173.403, 173.424.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0005.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0005.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0005","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070005.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportatior\nMAR 7 2007\n400 Seventh Street, S.W.\nWash ngton, D.C. 20590\nPipeline and Hazardous\nMaterials Safety Administration\nTimothy M. Gallagher\nRef. No.: 07-0005\nMonticello Nuclear Generating Plant\n2807 West County Road 75\nMonticello, Minnesota 55362-9637\nDear Mr. Gallagher:\nThis is in response to your December 13, 2006 letter regarding the applicability of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the transportation of\npistols equipped with tritium gun sights. According to your letter, the pistols are carried\nby plant security officers for the performance of duties in accordance with a Nuclear\nRegulatory Commission approved physical security plan for a civilian nuclear power\nplant. Your questions are summarized and answered as follows:\nQ1. What are the applicable requirements, if any, when our officers are carrying their\nfirearms while on duty, which includes security patrols in a vehicle on private property\nand public property - including highways?\nAl. The HMR apply to the commercial transportation of hazardous materials (see\nfor the weapon is not commercial transportation when the officer is performing\n§ 171.1). Transportation of a weapon by a security officer with a valid license or permit\nauthorized duties. Thus, transportation of a pistol by a security officer in a conpany or\npersonal vehicle during routine patrols of plant facilities, including patrols on public\nroads around the facility, is not subject to HMR requirements.\nQ2. What are the applicable requirements, if any, when our employees transport these\nfirearms in cases to a firearms range for qualification, which includes traveling in a\nvehicle on private property and public property, including highways?\nA2. Under § 173.403 of the HMR, \"radioactive material\" is defined as any material\nContinen doncide where bore i ran in adore toes a rivery in the\naccording to the instructions in § 173.433. In accordance with this definition, a pistol\nequipped with the tritium gun sight described in your letter is a radioactive material for\nuch as delivery from a power plant to a firearms range for qualification, the pistols ar\nurposes of the HMR. When transported as cargo by motor vehicle over public roads\nsubject to all requirements of the HMR applicable to such transportation.\n111.1\n173.403\n070005\n173.424\n\n<<<PAGE 2>>>\n\nmanufacturer for repair?\nQ3. What are the applicable requirements, if any, when these firearms are shipped to the\nA3. See A2.\nthe tritium sources.\nQ4. What are the applicable monitoring requirements (i.e., detection of leaks), if any, for\nmust satisfy the activity limits specified in § 173.424. The active material must be\nA4. A radioactive instrument or article offered for transportation as an excepted package\ncompletely enclosed by non-active components. An instrument or article that is leaking\nradioactive material may not be offered for transportation in commerce, unless that\ninstrument or article no longer contains any radioactive material.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nEdward T. Mazzulla\nDirector, Office of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nNMC\nMonticello Nuclear Generating Plant\nCommitted to Nuclear Excellence\nOperated by Nuclear Management Company, LLC\nFicherlaub\nDecember 13, 2006\n§171.1\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Material Standards\nApplicability\nU.S. DOT/PHMSA (PHH-10)\n87-0005\n400 7* Street S.W.\nWashington, D.C. 20590-0001\nDear Sir:\nThe Nuclear Management Company LLC, operates nuclear power stations in Wisconsin,\nMinnesota and Michigan. We are licensed under 10 CFR parts 20 and 50 to handle radioactive\nin the performance of their duty. These firearms are equipped with night-sights containing\nmaterial. Additionally, as required by 10 CFR 73, we have Security Officers who carry firearms\nTritium (H3) and are categorized as UN2911 by the manufacturer. 49 CFR 172. 101 lists\nUN2911 as \"Radioactive material, excepted package-instruments, or articles.\" Additionally,\nWe are requesting assistance from you for the following questions:\n1) What are the applicable requirements, if any, when our officers are carrying their\nfirearms while on duty, which includes traveling in a vehicle on private property and\npublic property - including roadways?\n2) What are the applicable requirements, if any, when our employees transport these\nvehicle on private property and public property - including roadways?\nfirearms in cases to a firearms range for qualification, which includes traveling in a\n3) What are the applicable requirements, if any, when these firearms are shipped to the\nmanufacturer for repair?\n4) What are the applicable monitoring requirements (i.e., detection of leaks) if any, for the\ntritium sources?\nappreciated and we look forward to receiving your responses as soon as possible. Thank you.\nYour assistance in helping ensure we are in full compliance with the regulations is greatly\nSincerely,\nTine M. belleph\nSecurity Manager\nTimothy M. Gallagher\nMonticello Nuclear Generating Plant\n2807 West County Road 75 • Monticello, Minnesota 55362-9637\nTelephone: 763.295.5151 • Fax: 763.295.1454","truncated":false,"body_characters":5228}