1.0  STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE
On April 18, 1985, the Highway Commission authorized the Executive Director to prepare proposed rules updating the Traffic Regulations Governing the Use of the Eisenhower Memorial Tunnels, effective January 1, 1981, and to develop any new proposed rules and regulations for all tunnels on the State Highway system.  Effectve January 30, 1986 Rule 2 CCR 601-8, titled “Traffic Regulations Governing the Use of the Tunnels On the State Highway System” [hereinafter “the Rules”] were adopted and replaced “Traffic Regulations Governing the Use of the Eisenhower Memorial Tunnels.”

In 1992 through statutory recodification, the Colorado Highway Department became the Colorado Department of Transportation and the Highway Commission became the Transportation Commission.  The specific authority for the Colorado Department of Transportation to promulgate rules pertaining to the operation of motor vehicles through tunnels on the State Highway system and the transportation of dangerous articles or hazardous materials through such tunnels, is contained in Section 42-4-106, C.R.S.  
On May 14, 2008 the Transportation Commission authorized the Rules to be updated only for the purposes of replacing antiquated language, updating the Table of Tunnels and making other administrative or grammatical changes to make the Rules current and relevant.  No other changes were authorized by the Transportation Commission.  A rulemaking was held in July 2008 and the effective date of these Rules is September 30, 2008 unless adopted later by the Transportation Commission.
The purpose of the Rules is to set forth general definitions and definitions of hazardous materials, to set forth the general responsibilities of motor vehicle operators using the tunnels, to set forth restrictions on the use of tunnels, to regulate the operation of vehicles or devices through the tunnels, to provide for application of local ordinance or regulation, Title 49 of the Code of Federal Regulations, and other material incorporated by reference in these rules, and to identify the classes of hazardous materials and the tunnels subject to regulation under these Rules.
2.0  DEFINITIONS
As used in these Rules, unless the context otherwise requires or unless the definition is in conflict with 49 CFR (in which case 49 CFR shall control), the terms found in these Rules shall have the following meanings:
2.1  Cargo: shall mean materials which are transported as loads of freight over the State Highway system.
2.2  Combustible Liquid: See 49 CFR 173.115(b); shall mean any liquid, not otherwise defined herein, with a flash point at or above 100 degrees F (37.8 degrees C) and below 200 degrees F (93.3 degrees C) except any mixture having one component or more with a flash point at 200 degrees F (93.3 degrees C) or higher, that makes up at least 99% of the total volume of the mixture subject to certain exceptions under 49 CFR 173.115(b).
2.3  Commercial Vehicle: Shall mean Commercial Vehicle as defined in 42-4-235, C.R.S.
2.4  Corrosive Materials: See 49 CFR 173.240; shall mean those solids and liquids that cause visible destruction or irreversible alterations in human skin tissue at the site of contact, or in the case of leakage from its packaging, a liquid that has a severe corrosion rate on steel.
2.5  Driver or Operator: Shall mean the person who is in physical control of the vehicle.
2.6  Explosive: Shall mean any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion (i.e. with substantially instantaneous release of gas and heat) unless such compound, mixture or device is otherwise classified in these Rules. Explosives as further defined in 49 CFR are classified as follows:
2.6.1  Forbidden Explosives are explosive compounds, mixtures or devices which are forbidden from transportation pursuant to DOT Regulations, See 49 CFR 173.51.
2.6.2  Class A are detonating explosives or otherwise of maximum hazard, See 49 CFR 173.53.
2.6.3  Class B are explosives which create a flammable hazard, See 49 CFR 173.88.
2.6.4  Class C are explosives which are of minimum hazard, See 49 CFR 173.100.
2.6.5  Blasting Agents are materials designated for blasting which have very little probability of accidental explosion, See 49 CFR 173.114a.
2.7  Flammable Compressed Gas: See 49 CFR 173.300; shall mean any material or mixture having in the container an absolute pressure exceeding 40 pounds per square inch at 70 degrees F or, regardless of the pressure at 70 degrees F, having an absolute pressure exceeding 104 pounds per square inch at 130 degrees F; or any liquid flammable material having a vapor pressure exceeding 40 pounds per square inch absolute at 100 degrees F as determined by ASTM* Test D-323. (*American Society for Testing Materials Method of Test for Vapor Pressure of Petroleum Products. D-323). In addition this shall mean any compressed gas which has any one of the following characteristics:
2.7.1  Either a mixture of 13% or less (by volume) with air forms a flammable mixture or the flammable range with air is wider than 12% regardless of the lower limit. These limits shall be determined at atmospheric temperature and pressure.
2.7.2  Using the Bureau of Explosives' Flame Protection Apparatus, (see note) the flame projects more than 18 inches beyond the ignition source with valve opened fully, or, the flame flashes back and burns at the valve with any degree of valve opening.
2.7.3  Using the Bureau of Explosives' Open Drum Apparatus, (see note) there is any significant propagation of flame away from the ignition source.
2.7.4  Using the Bureau of Explosives' Closed Drum Apparatus, (see note) there is any explosion of the vapor-air mixture in the drum.
NOTE:  A description of the Bureau of Explosives' Flame Protection Apparatus, Open Drum Apparatus, Closed Drum Apparatus and method of tests may be procured from the Bureau of Explosives, Association of American Railroads.
2.8  Flammable Liquid: See 49 CFR 173.115(a); shall mean any liquid having a flash point below 100 degrees F (37.8 degrees C), subject to certain exceptions under 49 CFR 173.115(a).
2.9  Flammable Solid: See 49 CFR 173.150; shall mean any solid material, other than one classified as an explosive, which is liable to cause fires through friction, retained heat from manufacturing or processing, or which can be ignited readily and which when ignited burns vigorously and persistently to create a serious transportation hazard, including spontaneously combustible material and water-reactive material which shall be labeled as “Dangerous When Wet”.
2.10  Gross Weight: shall mean the total weight of the containers and contents. Net weight refers to the contents of packages or containers. When two or more articles with the weight restrictions as given in these Rules are transported in the same vehicle, the combined weight shall not exceed the weight limitations of the maximum-rated article. Where contents (gallons) are known, it shall take precedence over gross weight (pounds) in limiting quantity per vehicle.
2.11  Hazardous Materials: shall mean any substances or materials which have been determined by the US DOT or the Colorado Public Utilities Commission, to be capable of posing an unreasonable risk to health, safety and property which include but are not limited to: explosives, flammable liquids, combustible liquids, flammable solids, oxidizing materials, corrosive materials, compressed gasses, poisonous substances, irritating materials, organic peroxides, and radioactive materials, except a highway route controlled quantity of radioactive material, or any other article classified as dangerous or hazardous.
2.12  Highway Route Controlled Quantity of Radioactive Material: See 49 CFR 173.403(1); shall mean those radioactive materials in quantities for which the US DOT has established preferred transportation routes which include the Interstate System, 49 CFR 177.825.
2.13  Irritating Material: See 49 CFR 173.381; shall mean any liquid or solid substance which upon contact with fire or when exposed to air gives off dangerous or intensely irritating fumes and which is not otherwise classified as a Class A Poison.
2.14  Motor Vehicle: Shall mean Motor Vehicle as defined in 42-1-102 (58), C.R.S. as any self-propelled vehicle which is designed primarily for travel on the public highways and which is generally and commonly used to transport persons and property over the public highways, but the term does not include motorized bicycles as defined in paragraph (b) of subsection (59) of this section, wheelchairs as defined by subsection (113) of this section, or vehicles moved solely by human power. "Motor vehicle" includes a neighborhood electric vehicle operated pursuant to section 42-4-111 (1) (aa). For the purposes of the offenses described in sections 42-2-128, 42-4-1301, and 42-4-1401 for farm tractors and off-highway vehicles, as defined in section 33-14.5-101 (3), C.R.S., operated on streets and highways, "motor vehicle" includes a farm tractor or an off-highway vehicle which is not otherwise classified as a motor vehicle.
 
2.15  Nonflammable Compressed Gas: See 49 CFR 173.300; shall mean any material or mixture having in the container an absolute pressure exceeding 40 pounds per square inch at 70 degrees F or, regardless of the pressure at 70 degrees F, having an absolute pressure exceeding 104 pounds per square inch at 130 degrees F; or any liquid flammable material having a vapor pressure exceeding 40 pounds per square inch absolute at 100 degrees F, and which is not otherwise classified as a flammable compressed gas.
2.16  Organic Peroxide: See 49 CFR 173.151a; shall mean any organic compound containing the bivalent -0-0- structure and which may be considered a derivative of hydrogen peroxide where one or more of the hydrogen atoms have been replaced by organic radicals, subject to certain exceptions under 49 CFR 173.151a.
2.17  Oxidizing Material: See 49 CFR 173.151; shall mean any substance such as chlorate, permanganate, inorganic peroxide, or a nitrate that yields oxygen readily to stimulate the combustion of organic matter.
2.18  Peace or Police Officer: shall mean every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
2.19  Permit: shall mean written authority expressing specific use of the highways and tunnels.
2.20  Person: shall mean every natural person, firm, partnership, association or corporation.
2.21  Planned Winter Closure: shall mean any scheduled closure of a segment of the State Highway system to provide for winter maintenance operations such as avalanche control.
2.22  Poison A: See 49 CFR 173.326; shall mean poisonous gases or liquids of such a nature that a very small amount of the gas, or vapor of the liquid, mixed with air is dangerous to life.
2.23  Poison B: See 49 CFR 173.343; shall mean any substance, liquid or solid, other than Class A poisons or any irritating materials, which are known to be so toxic to man as to afford a hazard to health during transportation, or which are presumed to be toxic to man.
2.24  Radioactive Materials: See 49 CFR 173.403; shall mean any material or combination of materials that spontaneously emits ionizing radiation, except highway route controlled quantities of radioactive materials.
2.25  Signal or Signals: shall mean any mechanical or electronic devices used to regulate the flow of traffic.
2.26  Tunnel: shall mean the tunnels or snowsheds on the State Highway system as outlined in Appendix A.
3.0  GENERAL RESPONSIBILITIES OF MOTOR VEHICLE OPERATORS USING THE STATE HIGHWAY TUNNELS
Any person operating a motor vehicle in any tunnel on the State Highway system shall comply with Titles 40 and 42, C.R.S., and any rules and regulations adopted by another Colorado agency pursuant to those provisions.
4.0  GENERAL RESTRICTIONS ON USE OF THE TUNNELS
4.1  No vehicle shall travel through any tunnel in violation of these Rules.
4.2  Motor vehicles transporting hazardous materials loads are subject to the restrictions outlined in Section 5.0.
4.3  Any vehicle or device may be prohibited, pursuant to Section 42-4-106 (4), C.R.S., from using the tunnels when traffic, road, or weather conditions are such that the Colorado Department of Transportation deems it in the best public interest to further restrict traffic.
4.4  The following persons, vehicles, devices or other means of conveyance are prohibited from using any tunnel on the State Highway system unless a special activity permit has been granted by the State:
4.4.1  Motor driven cycles, motorcycles, and motor scooters, with a motor which produces five (5) horsepower or less and bicycles with a motor attached.
4.4.2  This subsection d. shall not apply to any persons, vehicles or devices owned or controlled by or under contract to the State of Colorado, Department of Transportation, while engaged in construction, reconstruction, or maintenance of a tunnel.
5.0  USE OF EISENHOWER/JOHNSON TUNNELS    
5.1  The provisions set forth in section 4.0 apply to this section 5.0.
5.2  Motor vehicle transporting hazardous materials loads, as designated in Section 10.0 of the Rules, are prohibited from operating through the Eisenhower/Johnson Tunnels, unless otherwise specified in subsection 5.3.
5.3  All traffic prohibited from using the Eisenhower/Johnson Tunnels will be required to use the existing Loveland Pass surface route, except that:
5.3.1  At times when the Loveland Pass surface route may be closed due to planned winter closure, severe storms, or other blockage, motor vehicles transporting hazardous material loads, as designated in Section 10.0 of these Rules, except radioactive materials in any quantity and flammable compressed gases in quantities of 1000 pounds or more gross weight, may be allowed to use the tunnels under the following conditions:
5.3.1.1  Such motor vehicles shall pull into the truck-parking area and may proceed through the tunnel only after authorization and specific directions are given by Tunnel Maintenance Personnel.
5.3.1.2  Such motor vehicles shall be allowed to transit the tunnels seven (7) days a week “On the Hour” except as follows:
	Westbound Saturday and Sunday mornings, 8–9 A.M.
	Eastbound Sunday afternoons, 3, 4, 5, and 6 P.M.
	National Holidays when falling on Friday, 8–9 A.M.
	National Holidays when falling on Monday, 3, 4, 5, and 6 P.M.
5.3.2  At times when the Loveland Pass surface route may be closed due to planned winter closure, severe storms, or other blockage, motor vehicles carrying radioactive material in any quantity or flammable compressed gases in quantities of 1000 pounds or more gross weight, will not be allowed to use the tunnels. Motor vehicle operators shall contact the Colorado State Patrol, Port of Entry or Colorado Department of Transportation for information on alternative routes.
5.4  All motor vehicles transporting hazardous material loads, as designated on Table 2 in Section 10.0 of these Rules in amounts of more than 500 pounds and less than 1000 pounds gross weight, shall stop in the truck-parking areas at the Eisenhower/Johnson Tunnels and declare to the Tunnel Maintenance Personnel the type of cargo being transported prior to entering the tunnels.
5.5  Tunnel Maintenance Personnel at the Eisenhower/Johnson Tunnels shall have the authority to stop motor vehicles upon reasonable cause that such vehicles are in violation of these Rules and shall have the authority to review shipping papers, or their equivalent which set forth the nature of the material being transported and the quantity of the material, for the purpose of determining whether a regulated hazardous material load is being transported.
5.6  Tunnel Maintenance Personnel shall have the authority to regulate the manner (e.g. reduced speed, convoy) in which access is granted or to prohibit access to the Eisenhower/Johnson Tunnels when access would present a hazard to the tunnels or to other persons using the tunnels.
5.7  All vehicles operating under overwidth permits, as provided for in Section 6.0, shall stop in the truck-parking areas at the tunnel portals and proceed through the tunnels as directed by the Tunnel Maintenance Personnel.

6.0  OVERWEIGHT/OVERSIZE VEHICLES THROUGH TUNNELS
Only motor vehicles in compliance with the size and weight limits established, in accordance with Sections 42-4-501 through 511, C.R.S., for operation of motor vehicles on the State Highway system, will be allowed to operate through tunnels without a permit. Height restrictions for each tunnel are set forth in Appendix A.
7.0  OPERATION OF VEHICLES AND DEVICES IN THE TUNNELS
7.1  Stopping in the Tunnels: No vehicle shall stop, park, or impede the flow of traffic in the tunnels except in the case of emergency or when directed to do so by traffic signals, Peace or Police Officers or Tunnel Maintenance Personnel.
7.2  Emergencies in the Tunnels: For the Eisenhower/Johnson Tunnels, persons having emergencies such as flat tires, mechanical breakdowns, accidents or other difficulties necessitating stopping in the tunnel, shall remain in their vehicle, unless it is life threatening to do so, and wait for assistance from the Tunnel Maintenance Personnel.
7.3  Use of Vehicle Lights in the Tunnels: All motor vehicles transporting hazardous material loads, as designated in Section 10.0 of these Rules, through tunnels on the State Highway system, shall operate with their vehicle lights on while in the tunnels unless otherwise posted.
7.4  Use of Horns or Warning Devices on Motor Vehicles in the Tunnels: No person, at any time shall use a horn or other warning device in any tunnel other than to provide a reasonable warning. Unreasonably loud or harsh sounds with the horn or other noisemaking devices are strictly prohibited in the tunnels.
7.5  Traffic Regulatory Signs, Signals and Pavement Markings: All persons using the tunnels must at all times comply with signs, signals, pavement markings or other traffic control devices erected or installed for the purpose of regulating traffic in the tunnels.
7.5.1  All signs, signals and markings erected or installed in the tunnels shall conform to the size, design, and color, specified in the Manual On Uniform Traffic Control Devices For Streets And Highways and the Colorado Supplement thereto. In cases of emergency or unusual circumstances, peace or patrol officers or Highway Department Personnel may direct traffic.
8.0  APPLICATION OF LOCAL ORDINANCES AND REGULATIONS
The provisions of these Rules, governing the transportation of hazardous material loads, shall not apply to tunnels on the State Highway system within the jurisdiction of a city, city and county, or incorporated town where by ordinance, or by regulation adopted pursuant to ordinance, either of which has not been disapproved by the Colorado Department of Transportation pursuant to its statutory review under Section 42-4-511, C.R.S., the entity governs transportation of hazardous material loads through such tunnels or otherwise regulates transportation of hazardous material loads on a highway segment which includes a tunnel although the tunnel itself has not been regulated.
9.0  MATERIAL INCORPORATED BY REFERENCE
9.1  The Colorado Department of Transportation adopts and incorporates by reference those provisions of Title 49 CFR parts 100 to 177, cited in these Rules, and the Manual On Uniform Traffic Control Devices For Streets And Highways, issued by the Federal Highway Administration, U.S. DOT, effective October 2003,  and the Colorado supplement thereto, adopted by the Colorado Department of Transportation in November 2003.    These Rules do not include later amendments to, or editions of, the above incorporated material.
9.2  Certified copies of the complete text of the incorporated material are maintained and are available for public inspection during regular business hours at the Colorado Department of Transportation, 4201 E. Arkansas, Denver, Colorado 80222. For information regarding how the incorporated material may be obtained or examined, contact theChief Engineer, 4201 E. Arkansas, Denver Colorado 80222.  Certified copies of the material incorporated shall be provided at cost upon request.

10.0  REGULATED HAZARDOUS MATERIALS
Following are the Tables and classes of materials which, when transported as cargo loads by a motor vehicle, are subject to regulation under these Rules as more fully set forth in Section 4.0.  These Tables conform to the Tables found in 49 CFR 172.504*, except that expressly excluded from any regulation under these Rules are highway route controlled quantities of radioactive material.

TABLE 1	
Class A Explosives	Class B Explosives	
Forbidden Explosives*	Flammable Solid (Dangerous When Wet label only)	
Poison A	
Radioactive Material	Radioactive Material:	
 	  Uranium hexaflouride fissile (containing more than 1.0% U 235)	
 	  Uranium hexaflouride, low-specific activity. (containing 1.0% or less U 235)	

SUCH VEHICLE OR DEVICE CONTAINING ANY QUANTITY OF CARGO BELONGING TO THE HAZARDOUS MATERIAL CLASSES IN TABLE 1 SHALL BE SUBJECT TO REGULATION AS MORE FULLY SET FORTH IN SECTION 4.0.
*Forbidden explosives are not subject to DOT placarding requirements, but are expressly prohibited from transportation under 49 CFR and therefore are added here as prohibited in any quantities.
TABLE 2	
Class C Explosives	Blasting Agents	
Nonflammable Gas	Nonflammable Gas (Chlorine)	
Nonflammable Gas (oxygen, cryogenic liquid)	Flammable Solids	
Nonflammable Gas (Florine)		
Combustible Liquid	Poison B	
Corrosive Material	Irritating Material	
Flammable Gas	Flammable Liquid	
Oxidizer	Organic Peroxide	

SUCH VEHICLE OR DEVICE CONTAINING 1000 POUNDS OR MORE GROSS WEIGHT** OF CARGO BELONGING TO THE HAZARDOUS MATERIAL CLASSES IN TABLE 2 SHALL BE SUBJECT TO REGULATION AS MORE FULLY SET FORTH IN SECTION 3.
**If the empty cargo unit has been purged, as provided in 49 CFR 172.328, of any residue of the hazardous material, the motor vehicle will not be subject to any restriction relating to transportation of hazardous material loads under these Rules.

APPENDIX A  TUNNELS SUBJECT TO THESE RULES 

	Tunnel Name & Location	
Description	Height Restrictions	other restrictions	
1	Interstate 70, MP 50.38, Beavertail Tunnels	Two bores, 13.75 miles east of Grand Junction in DeBeque Canyon	22’ 7” EB
21’ 1” WB	No	
2	Interstate 70, MP 117.83, No Name tunnesl 	Two bores .5 miles East of SH 82-Grand Ave., Glenwood Springs	16’ 7” EB
16’ 8” WB
	No	
3	Interstate 70, MP 125.7, Hanging Lake Tunnels 	Two bores, Glenwood Canyon,  8.1 miles east of Glenwood Springs	16’ 6” EB & WB	No	
4	Interstate 70, MP 127.12 Reverse Curve 	One bore WB only, 10.5 miles east of Glenwood Springs	19’ 3” WB	No	
5	Interstate 70, MP 213, Eisenhower/ Johnson Memorial tunnels 	Two bores, under the Continental Divide, 60 miles west of Denver	13’ 11” EB & WB	Yes – See Section 5 for Restrictions on Time/Day/Hours usage.
All Haz Mat listed in Tables 1,2 Apply.	
6	Interstate 70, MP 242, Twin tunnels 	One bore each tunnel, 1.8 miles east of Idaho Springs (2.6 miles east of junction with SH 103)	14′ 6” EB & WB	No	
7	Interstate 225 MP 0.02 at Jctn. with Interstate-25 SB MP 200	One bore, Junction I-225 southbound only with I-25 Southbound only	17’ 4” SB	No	
8	US 6 - MP259 to 270, 	One bore each tunnel, Five tunnels in Clear Creek Canyon beginning 4 miles west of Golden for 15 miles	13′ 6” EB & WB	No	
9	US 160 - MP 168.5 Wolf Creek Pass 	One bore, Snowshed, 25.56 miles east of Pagosa Springs	16’ 8” EB & WB	No	
10	US160 - MP 174.8 Wolf Creek Pass Tunnel 	One bore, 31.15 miles east of Pagosa Spgs (located on west side of Wolf Creek Pass)	17’ 6” EB & WB	No	
11	US 550 - MP  90.86 	One bore, 1.2 miles south of Ouray in Ouray county	13′ 9” EB & WB	No	
12	US 550 – MP 88.17 Riverside Slide Snowshed	One bore, Snowshed, 3.9 miles south of Ouray on Red Mountain Pass	14′ 6” EB & WB	No	
13	SH 14 - MP 107.2 	One bore, 27.48 miles west of Fort Collins in Roosevelt National Forest	14′ 5” EB & WB	No	
14	SH 119 - MP 37.6 	One bore, in Boulder Canyon, 4.2 miles west of Jct with SH 7 & SH 93 	14' 9" EB
	No