Western Kentucky University — Hazardous Materials Safety Interpretation

Page 1f Transportatio .S. Depanmen Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administration Hazardous Materials Safety MAR 2 6 2007 Mr. Gary M. Spichiger Reference No. 07-0043 Radiation Safety Officer Department of Environmental Health and Safety Western Kentucky University 1906 College Heights Boulevard, #11046 Bowling Green, KY 42101-1046 Dear Mr. Spichiger: This is in response to your February 15, 2007 letter requesting clarification on how the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) apply to the transport of radioactive materials by a university that is a state agency. Specifically, you state your quantities of Class 7 (radioactive) material appropriately labeled "RADIOACTIVE university employees transport packaged instruments and articles containing excepted WHITE-I" OR "RADIOACTIVE YELLOW-II" in university-owned vehicles, and ask if in $ 177.816. the employees are required to receive the hazardous material training for drivers prescribed materials for its own use, using its own personnel and vehicles is not engaged i? The answer is no. A state agency, such as a state university, that transports hazardous transportation in commerce and, therefore, is not subject to the HMR. However, if the or a contract or common carrier, it is subject to the requirements of the HMR, including university transports hazardous materials using a commercial carrier, such as a contractor those prescribed in § 177.816. See § 171.1(introductory paragraph) and (c). I hope this satisfies your request. Sincerely, comin Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards 171.814 070043#

Page 2Edmonson $171.816 Highway b7-00i3 Department of Environmenta 270-745-5825 tealth and Safet WESTERN FAX: 270-745-5037 KENESTY 1906 College Heights Blvd. : Bowling Green, KY 42101-1046 The Spirit Makes the Master February 15, 2007 Mr. Edward T. Mazzullo, Director Office of Hazardous Materials Standards US Department of Transportation PHH-10 400 7th St., S.W. Washington, DC 20590-0001 Dear Mr. Mazzullo: SUBJECT: APPLICABILITY OF 49 CFR 177.816 articles, RADIOACTIVE. WHITE-I or RADIOACTIVE YELLOW-II) need to be iransported in There are occasions that packages of radioactive material (1.e., excepted package-instruments or University vehicles by University personnel as a private carrier. The vehicles used do not meet the definition of a commercial motor vehicle as described in the Federal Motor Carrier Safety these vehicles is very clear (eg. General Awareness, Function Specific, Security Awareness, and Safety The applicability of hazmat training requirements for the personnel that might drive I am seeking clarification on the applicability of the driver training requirements of 49 CFR 177.816 commercial motor vehicles. for this type of transportation. It seems that the driver training requirements apply to crivers only of locate also seem to focus entirely on commercial motor vehicles. The available hazmat driver training packages that I have been able to If you have any questions for me regarding my inquiry, I can be contacted at 2701-745-7095 or gary.spichiger@wku.edu. Thank you for your time. Sincerely, Radiation Safety Officer Hearing Impaired Only: 270-745-53-89 Equal Education and Employment Opportunities Kentucky http://www.wku.edu#