VA Medical Center — Hazardous Materials Safety Interpretation

Page 1J.S. Department of Transportation MAR 19 200 400 Seventh St., S.W. Research and Washington, D.C. 20590 Special Programs Administration Ms. Diane Kroll VA Medical Center IH/Safety Manager Ref. No.: 02-0321 4301 gth Street North St. Cloud, MN 56303 Dear Ms. Kroll: This is in response to your letter and our March 11, 2003 telephone conversation concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to certain hazardous materials transported by the Veteran Affairs Medical Center. Specifically, you inquired whether the HMR apply to the transport of small quantities of hazardous materials on the same government vehicle being used to transport patients receiving health care between the Veteran Affairs Medical Center's facilities. You state the hazardous materials are used for governmental purposes. The HMR govern the transportation of hazardous materials in commerce. Shipments of hazardous materials transported by a government entity in vehicles operated by government personnel for noncommercial purposes are not "in commerce" and, subsequently, are not subject to requirements in the HMR. The Federal hazardous materials transportation law, at 49 U.S.C. § 5102(9), and the HMR, at § 171.8, define a "person" to whom the regulations prescribed under § 5103(a)(1) apply. However, note that a commercial company contracted by a government entity to transport hazardous materials would be subject to the HMR; see § 171.1(b). I hope this satisfies you inquiry. Should you have any further questions, please contact this office. Sincerely, Hotte 2. Mithell Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 111." 020321#

Page 2Edmonson $173.4 memorandum 3173.6 Small Quantities/MOT 02-0321 Date: 12/12/2002 To: infocntr@rspa.dot.gov From: Diane Kroll, IH/Safety Mgr. RE: Transportation of Smail Quantities of Hazardous Material With Patients on VAMC Vehicles To Whom It May Concern: transportation of small quantities of hazardous materials on the same vehicle transporting patients Please provide a written letter of interpretation addressing the following questions regarding the between Veteran's Affairs Medical Center facilities. 49 CFR 172.504(c)(1): Exempts placarding for less than 454 Kg (1,001 pounds) of class 3 Background: 49 CFR 173.6, Materials of trade exceptions, paragraphs (a)(i) and (ii): list exceptions for (per Table 2). iss 3 material. Our organizational activities are in the provision of health care to the Veteran population. in delivering this service of health care the organization provides courtesy transportation between Veteran facilities. Transport of patients is not in commerce. • The vehicle utilized to transport patients to appointments between organizational facilities We are not in the business of commercial transportation. range from a minivan to a 16-passenger van to a 32-passenger.capacity Blue Bird bus. 1. Are we allowed under the Materials of Trade exemption, 49 CFR 173.6(a)(i) and (il) to QUESTIONS: If not, PLEASE PROVIDE REFERENCE for your response, e.g. Federal standard, MN Rule, transport quantities of class 3, group iI & Ill, per this standard on these vehicles? MN Statute, letter of interpretation, etc. 2. Are there requirements (e.g. quantity limitations, etc.) for the transportation of oxygen? • PLEASE PROVIDE REFERENCE for your response, c.g. Federal standard, MN Rule, MN Some of our patients are transported with oxygen (E tanks) connected to them. Statute, letter of interpretation, etc. 3. Are there requirements for the carrying of portable fire extinguishers (dry chemical, class • PLEASE PROVDE REFERENCE for your response, e.g. Federal standard, MN Rule, MN ABC) on these vehicies? Statute, letter of interpretation, etc. 12/12/2002 1#

Page 3• Interoffice Memo: Transportation of Patients & Small Quantities of Hazardous Material PLEASE PROVIDE REFERENCE for your response, c.g. Federal standard, MN Rule, MN 4. Is the "Minnesota Commercial Driver's Manual" applicable to our operations? If so, how? Statute, letter of interpretation, etc. Matierials Specialist with the Minnesota Department of transportation. For your information 1 have copied below the response I received from Michacl Ritchie, Hazardous Ms. Kroll, Thank you for your letter, which has been forwarded to me for response. found in 49 CFR Part 171 through Part 199, have been The federal hazardous material transportation regulations The USDOT has complete jurisdiction over transport of adopted by the State of Minnesota in Minn. Stat. 221.033. hazardous materials commerce, and applicibility of those regulations to in both interstate and intrastate 220" government agencies is determined by the USDOT. Your questions #1 and. #2; should be addressed to the USDOT (800) 467-4922, option#1, of Hazardous Materials Safety. You can during normal business hours. reach them at These are federal regulations, and must be interpreted by that federal agency. Your question # 3 concerns Motor Carrier Safety federal MCSR also apply to those "persons" in commerce, and Regulations, not hazardous materials regulations. The if your vans are government vehicles driven by government Federal Motor Carrier Safety Administration office in employees, they may not be in commerce. Please contact the St. Paul, at (651) 291-6150 for determination of applicibility of these rules. Your question #4 concerning the Minnesota Commercial Department of Public Safety, Driver and Vehicles Services Drivers Manual. This book is a publication of the Minnesota Division. As stated in the "Public Safety Message" found at a war standid to are is a proper ten gende Please contact me. If you need to discuss these iasues Michael Ritchie Hazardous Materials Specialist 12/12/2002 2#

Page 4Interoffice Memo: Transportation of Patients & Small Quantities of Hazardous Material Minnesota Department of Transportation office of Motor Carrier Services Mendota Heights, MN 55120 1110 Centre Pointe Curve Thank you. IH/Safety Mgr. Diane Kroll VA Medical Center St. Cloud, MN 56303 4801 8* Street North f: 320-255-6343 p: 320-255-6423 e: diane.kroll@med.va.gov DLK: 12/12/2002#