{"operation":"document","citation":"08-0268","title":"University of Chicago — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-01-08","effective_on":null,"summary":"08-0268 response to University of Chicago concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0268.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0268.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0268","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080268.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave., SE\nWashington, DC 20590\nJAN 0 8 2009\nMs. Susan Grover\nEnvironmental Health and Safety\nUniversity of Chicago\n5640 South Ellis Avenue\nChicago, IL 60637\nReference No. 08-0268\nDear Ms. Grover:\nThis is in response to your request for clarification of the applicability of the\nHazardous Materials Regulations (49 CFR Parts 171-180) to the University of\nChicago's transportation of hazardous materials. You state that the University of\nChicago is not a state agency, but that the hazardous materials are transported on\nUniversity grounds that are publicly accessible. Your understanding of the\nHMR is that any transportation of hazardous materials within University-owned\nbuildings in University vehicles, is excepted from the HMR, including vehicle\nplacarding requirements, provided the materials stay within the control of\nUniversity employees the entire time. You state that the hazardous materials are\nnot being transported in commerce.\nYour understanding is not correct. Generally, transportation of hazardous materials\nby employees of a private college or university is considered commercial\ntransportation for purposes of the HMR and, thus, is subject to all applicable HMR\nrequirements. This includes transportation of hazardous materials on University\ngrounds that are publicly accessible. Note, however, that, in accordance with\n5 171.l(d)(4), the HMR do not apply to rail or motor vehicle movements of a\nhazardous material exclusively within a contiguous facility boundary where public\naccess is restricted.\nI hope this information is helpful. Please contact this office should you have further\nquestions.\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nT h e U n i v e r s i t y O f C h i c a g o\n. R i s k M a n a g e m e n t , A u d i t a n d S a f e t y . fippjl~ob$\nE n v i r o n m e n t a l H e a l t h a n d S a f e t y 06-6 ~ -\n5 6 4 0 S o u t h E l l i s A v e n u e , C h i c a g o , I l l i n o i s 6 0 6 3 7\nSarah Grover\nIndustrial Hygienist\nEnvironmental Health and Safety\nPhone: (773) 702-071 1\nFax: (773) 702-6546\nemail: smgrover@uchicago.edu\nU.S. Department of Transportation\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10\nEast Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nRe: Applicability of Hazardous Material Regulation\nTo Whom It May Concern:\nMy question is regarding the applicability of the Hazardous Material Regulations (HMR; 49 CFR 17 1-\n180) to the University of Chicago. I have reviewed the PHMSA Response Letter dated February 13,\n2004 (Reference No. 03-0326), which appears to be a similar issue. The University of Chicago is also\nnot offering hazardous materials for transportation in commerce. However, the University of Chicago is\nnot a state agency or local jurisdiction, as was the subject of the aforementioned letter.\nUniversity employees, using University-owned vehicles, regularly transport University-owned\nhazardous materials between research buildings on its campus. The University's main campus is\npublicly accessible and is not guarded by signals, lights, or gates. We have posed the question of\napplicability to US DOT via telephone in the past and received the opinion that any transport of\nhazardous materials within University-owned buildings in University vehicles, provided the materials\nstay within the control uf University employees the entire time, is exempt fiom the HMR, including\nvehicle placarding requirements. I am writing now in order to get a written response from US DOT on\nthis issue.\nI look forward to hearing your interpretation on the HMR as to whether it does or does not apply to the\nUniversity of Chicago. Thank you,\nSarah Grover\nEnvironmental Health and Safety\nUniversity of Chicago","truncated":false,"body_characters":3878}