{"operation":"document","citation":"08-0244","title":"University of the Sciences in Philadelphia — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-01-16","effective_on":null,"summary":"08-0244 response to University of the Sciences in Philadelphia concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0244.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0244.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0244","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080244.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration JAN 1 6 2009\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMs. Renee Siegel\nDirector, Environmental Health & Radiation\nSafety Department\nUniversity of the Sciences in Philadelphia\n600 South 43rd Street\nPhiladelphia, PA 19 104\nReference Number 08-0244\nDear Ms. Siegel,\nThis is in response to your request for clarification of the applicability of the Hazardous\nMaterials Regulations (49 CFR Parts 17 1-1 80) to the University of Sciences in\nPhiladelphia's transportation of hazardous materials. You state that the University is not\na state agency, but that the hazardous materials are transported on or across roads that\nare publicly accessible. You ask whether such transportation is subject to the HMR\nand, if so, whether it is acceptable for a University employee to restrict access.\nGenerally, transportation of hazardous materials by employees of a private college or\nuniversity is considered commercial transportation for purposes of the HMR and, thus, is\nsubject to all applicable HMR requirements. However, in accordance with 5 17 1.1 (d)(4),\nthe HMR do not apply to rail or motor vehicle movements of a hazardous material\nexclusively within a contiguous facility boundary where public access is restricted except to\nthe extent that the hazardous materials are transported on or across public roads. Use of a\nred traffic signal, gates, or similar road closure to deny public access to a public highway\nutilized for movements of hazardous materials makes the portion of the highway to which\naccess is restricted private. A University employee who restricts access is an acceptable\nmethod of control. Thus, for transportation of hazardous materials by University employees\non University grounds that utilizes or crosses a public road, the HMR do not apply if access\nto the public roads is controlled by a University employee during the time that the hazardous\nmaterial crosses the public road.\nI hope this information is helpful. Please contact this office if you have additional questions.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nDepartment of Environmental Health\nand Radiation Sahry\nOctober 2,2008\nUNIVERSITY O F T H E\nS C I E N C E S IN\nPHILADELPHIA Philadelphia College of Phmmacy\nMisher College of Am mrd Sciences\nCollege of HmIh Sciences\nCollege of Graduate Studies\nMaya College of Healthcare Busittess a d Policy\nOffice of Hazardous Materials Standards,\nPipeline and Hazardous Materials Safety Administration\nU. S. Department of Transportation\nEast Building\n1200 New Jersey Avenue, SE\nWashington, D. C. 20590-0001\nAttention: PHH-10\nTo Whom It May Concern:\nI am writing to obtain clarification of the Hazardous Materials Regulations\n(49CFR Parts 171-180) as it applies to the University of the Sciences in\nPhiladelphia. We are considering moving radioactive waste and hazardous\nwaste across, and along for a short interval, a public road. Once across the\nroad, we are traveling on our own private road. The waste materials will be\ntransported by University employees, in University vehicles, for non-commercial\npurposes. Also, we are not a State University, but we are a non- prof^ institution.\nTherefore, is it required that we package, label and mark the waste, placard the\nvehicle, provide training, etc. according to the HMR if the waste fits into DOTS 9\nhazard classes?\nAdditionally, the intersection that must be crossed has a traffic light. If it is\nrequired that we comply with the regulation, would we be excluded from the\nregulation with the use of a traffic light and by having a University Public Safety\nOfficer or an employee from the Safety Department temporarily stop traffic at the\nintersection?\nIf additional information is required, please do not hesitate to contact me at 215-\n596-8925 or via e-mail at r.sieaeI@uslp.edu. 'Thank you in advance for your\nassistance in this matter.\nSincerely,\nRenee Siegel, Director\nEnvironmental Health & Radiation Safety Dept.\nUniversity of the Sciences in Philadelphia\n600 South 43' Street\nPhiladelphia, Pa. 19104\nRS/a\nFounded in 1821 as the\nPhiladelphia College o f Pharmacy\n600'South 43rd Srreer I Phone: 2lS.596.8800\nPhiladelphia, PA 191044495 Web Site: usp.edu","truncated":false,"body_characters":4311}