Digital Audio Disc Corporation — Hazardous Materials Safety Interpretation

Page 1US.Department fice of th of Transportation hiet Counsi OC Sevenin Si. S W /asnington DC 2059 Spectal Progroms Research and Adminisiration MAR'7 1996 Mr. Gary J. Garrahan Digital Audio Disc Corporation Environmental Engineer P.O. BOX 3710 Terre Haute, IN 47803-0710 • Dear Mr. Garrahan: • am responding to your February 27, 1996 letter in which you ısked about the application of the Federal hazardous materials transportation law (49 U.S.C. 5101 et sele) and the Hazardous Materials Regulations (HMR) (49 CFR Parts 171-180). In your letter you stated: Digital Audio Disc Corporation (DADC) owns and operates two manufacturing facilities located in Terre Haute, Indiana. One manufacturing Avenue facility is located at 1800 N. Fruitridge Avenue); the other manufacturing facility is (on the west side of N. Fruitridge east side of N. Fruitridge Avenue). DADC also located at 3181 N. Fruitridge Avenue (on the owns the properties on which both manufacturing extend into N. Fruitridge Avenue. facilíties are situated. The property lines Since N. Fruitridge Avenue is a public way, rights-of-way exist. underground tunnel which will run between the two facilities. In your letter, you indicated that DADC plans to construct an This tunnel will be used to move non-hazardous and hazardous materials between the two facilities. No actit ios The tunnel would not be open to the public and access would be restricted to DADC personnel. You asked if the Federal hazardous materials transportation law or the HMR would apply to the movement of hazardous materials through the proposed tunnel. Based on the scenario outlined in your letter, néither the would apply to the movement of hazardous materials through the Federal hazardous materials transportation law nor the HMR proposed tunnel. The jurisdiction of the Federal hazardous materials transportation law and the HMR encompasses hazardous materials transported "in commerce." Thus, the Federal hazardous materials transportation law and the HMR do not apply to transportation that is entirely on private property and neither follows nor crosses a public way.#

Page 22 I hope this response is useful to you. If you have any additional questions concerning the law or regulations discussed in this letter, please call Robert A. Monniere at 202-366-4400. Sincerely, Edward H. Bonekemper, III Assistant Chief Counsel for Hazardous Materials Safety cc: Mr. Edward I. Mazzullo - DHM-10#