{"operation":"document","citation":"04-0256","title":"University of South Alabama — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-11-19","effective_on":null,"summary":"04-0256 response to University of South Alabama concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0256.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0256.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0256","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040256.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nVashington, D.C. 2059\n-00 Seventh St., S.V\nResearch and\nSpecial Programs\nAdministration\nNOV 19 2004\nMr. David Wiik\nReference No.: 04-0256\nDirector, Radiation Safety Department\nUniversity of South Alabama\n257 CSAB\nMobile, AL 36688-0002\nDear Mr. Wilk:\nThis responds to your letter requesting clarification on the applicability of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) to state agencies who offer for\ntransportation or transport hazardous materials.\nYour understanding of the HMR is correct. Hazardous materials transported for noncommercial\npurposes by a state agency, including state-chartered and funded universities, are not subject to\nthe HMR. Thus, transportation of a hazardous material in state-owned or state-leased vehicles\noperated by state employees is not subject to the HMR. However, transportation conducted by a\nprivate entity under contract to a state agency is subject to all applicable HMR requirements.\nSimilarly, hazardous materials offered for transportation by a state agency to a commercial\ncarrier are subject to all applicable HMR requirements.\nI trust this satisfies your inquiry.\nSincerely,\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials\n171.1\n040256\n\n<<<PAGE 2>>>\n\nANOIV\n5171.\nUNIVERSITY OF SOUTH ALABAMA\nApplicabity\n04-0256\nOLLEGE OF MEDICIN\nADIATION SAFET\nLA\n257 CSAB • MOBILE, ALABAMA 36688-0002\nTELEPHONE: (251) 460-7063\nFAX: (251) 460-6068\nOctober 27.2004\nEdward T. Mazzullo, Director\nOffice of Hazardous Materials Standards\nU.S. DCT/RSPA (DHM-10)\n400 Seventh Street S.W.\nWashington. DC 20590-0001\nMr. Mazzullo.\nTo what: extent are state agencies covered by the Hazardous Materials Regulations\n(HMR; 49 CFR 171-180)? Over the past few years, I have received conflicting\nviewpoints and wish to get DOT's interpretation on a few specific points.\nThe University of South Alabama (USA) is a state agency. We have a College of\nhealth professions. We own three major hospitals and several out patient clinics that ar\nMedicine, College of Nursing: and College of Allied Health that encompass many othe\nalso utilized as teaching facilities. Our university and associated hospitals have IRS_\n501(C)3 status.\nThe University of South Alabama is also a consortium member with other Alabama state\nuniversit es supporting the Dauphin Island Sea Lab (DISL). DISL is funded by the state\nDepartment (RSD) collects liquid radioactive materials (RAM) waste from DISL to\nof Alabama. It is about 25 miles south of the main campus. Our Radiation Safety\ncoast. We also collect their sold RAM waste to hold in our campus RAM waste facility\ndispose of it in the sanitary sewer system on USA's main campus away from the gulf\nfor incineration on the main campus. DISL also has IRS 501(C)3 status. The RSD does\nnot charge or collect funds from DISL for this service.\nThe RSD generally receives, processes and delivers all incoming RAM to the research\nlabs on-campus (and would for off-campus labs if there were any). They also pick up\nRAM waste from on-campus labs and off-campus hospitals and deliver it to a central\nRAM waste / decay-in-storage facility on campus.\n\n<<<PAGE 3>>>\n\nAs you can see. our service to these facilities requires transport around the county.\nUniversity employees always transport these materials. They usually use a university\nowned vehicle. While I understand that all on-campus operations (for the university by\nuniversity employees using any vehicle) are exempt, I do have questions regarding travel\namong cur hospitals and DISL.\nFor exarple. the RSD receives (from a vendor via FedEx air) and delivers a Beta Cath®\nmachine (strontium-90 sealed source inside a unit designed to treat heart vessels) to one\nof the hospitals\" catheterization labs every quarter. In turn, the RSD returns the expired\nBeta Cath* machine to campus and ships it back to the vendor via FedEx air. We\ntranspor: it locally in the manufacturer's shipping container. Are we subject to DOT\nregulations as we locally deliver it to the hospital and bring the old one back to campus\nfor return to the vendor via FedEx? My understanding is that we are not subject to DOT /\nIATA until we hand it over to FedEx. Is this true?\nWhen we pick up a load of radioactive linen, garbage and dinnerware that was used by an\niodine-131 therapy patient from one of our hospitals and transport it back to campus to\nthe decay-in-storage facility, are we subject to DOT regulations since the patient paid for\nthe treatrent?\nWhen ore of our research teams from DISL disembark from an NRC licensed research\nvessel in California, are they subject to DOT regulations as they bring their equipment &\nsupplies back to Alabama in a U-Haul® truck if concentrations in the liquid scintillation\nvials are above those set forth in CFR 49 173.436? After they publish research results or\nare otherwise finished with the liquid / solid RAM waste, are we subject to DOT\nregulations as the RSD transports it twenty five miles back to main campus from DISL?\nThe University of South Alabama takes HazMat safety seriously. We believe we're\ncurrently within DOT compliance and all personnel involved in transport have current\nDOT training certificates. Having an interpretation from you will simply redirect our\npaperwork format (specifically the RAM waste manifest).\nThank you for your consideration in this matter and I look forward to your reply.\nApril hick\nDavid Wiik, Director\nRadiation Safety Department","truncated":false,"body_characters":5488}