University of New Mexico — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, D.C. 20590 Materials Safety Pipeline and Hazardous Administration AUG 0 6 2014 Mr. Andrew E. Buchan Radiation Safety Specialist The University of New Mexico Health Sciences Center, MSC 08 4560 1 University of New Mexico Albuquerque, NM 87131-0001 Reference No. 14-0101 Dear Mr. Buchan: This is in response to your May 21, 2014 letter requesting clarification of how the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) apply to the transport of Class 7 (radioactive) materials by a university that is a state agency. Specifically, you state your university employees transport packages containing radioactive materials and radioactive waste throughout the university's campus and to its outlying facilities. You ask if your understanding is correct that these packages are not subject to the HMR when transported by university employees because they are not transported in commerce, and that they are subject to the HMR when offered to, or transported by, a commercial third party, such as a waste broker or carrier. Your understanding is correct. 49 CFR 171.1(d)(5) states that a state agency, such as a state university, that transports hazardous materials for its own use, using its own personnel and vehicles, and is not engaged in transportation in commerce is not subject to the HMR. However, if the university transports hazardous materials using a commercial carrier, such as a contractor or a contract or common carrier, it is subject to the requirements of the HMR. I hope this satisfies your request. Sincerely, Then rost T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2GUNM HEALTH SCIENCES CENTER Clinical and Translational Science Center Animal Resource Facility Clinical Trials Center OFFICE OF RESEARCH Biomedical Research Education Program Biohazard Compliance Conflict of Interest Radiation Safety Export Control Edmonson DATE: May 21, 2014 $171.1 US Department of Transportation Mr. Charles Betts, Director § 173.6 PHH-10 Office of Hazardous Materials Standards Applicability 400 7* St. S.W. 14-0l0t. Washington, DC 20590-0001 Dear Mr. Betts: I am writing on behalf of the University of New Mexico. We have been transporting radioactive materials packages and radioactive waste throughout our campus and to our outlying facilities based on your letter of interpretation #07- understand from your letters that as a State Agency, operating State vehicles, we are not considered "in commerce:" 0043 (attached) to Western Kentucky University and numerous other letters like it, issued to other Universities. We and as such are not subject to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). However, if our waste or other radioactive materials was to be offered for transport by a third party, such as a waste broker or commercial carrier, the items are subject to HMR regulations. writing to request that you provide this letter. If you have any questions please call or email me; otherwise, we look Recently our regulators have requested that we obtain a letter of interpretation from US DOT of our own, and I am forward for your prompt return of this clarification to us on your letterhead. Thank you, Andra E brutan Radiation Safety Specialist Andrew E. Buchan Phone: 505-925-0743 abuchan@salud.unm.edu Fax: 505-272-8738 The University of New Mexico Health Sciences Center • MSC 08 4560 • 1 University of New Mexico • Albuquerque, NM 87131-0001 Basic Medical Sciences Building • Phone 505.272.6950 • Fax 505.272.8738 • http://hsc.unm.edu/som/research/#

Page 3U.S. Department of Transportation Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Hazardous Materials Safety dministratiol IAR 26 200 Mr. Gary M. Spichiger Radiation Safety Officer Reference No. 07-0043 Western Kentucky University Department of Environmental Health and Safety 1906 College Heights Boulevard, #11046 Bowling Green, KY 42101-1046 Dear Mr. Spichiger: Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) apply to the transport of This is in response to your February 15, 2007 letter requesting clarification on how the 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 the employees are required to receive the hazardous material training for drivers prescribed WHITE-I" OR "RADIOACTIVE YELLOW-I" in university-owned vehicles, and ask if in § 177.816. 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 materials for its own use, using its own personnel and vehicles is not engaged i? university transports hazardous materials using a commercial carrier, such as a contractor those prescribed in § 177.816. See § 171.1(introductory paragraph) and (c). or a contract or common carrier, it is subject to the requirements of the HMR, including I hope this satisfies your request. Sincerely, Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards 171.814 070043#

Page 4Edmonson $177.816 A CENTURY-SPIRT tighway Trainin epartment of Environment 07-0047 270-745-5825 lealth and Safe 1365- FAX: 270-745-5037 INVERSTY WESTERN 1906 College Heights Blvd. #11046 Western Kentucky University Bowling Green, KY 42101-1046 The Spirit Makes the Master February 15, 2007 S Department of Transportatic ir. Edward T. Mazzullo, Directo PHH-10 Office of Hazardous Materials Standards Washington, DC 20590-0001 400 7th St., S.W. Dear Mr. Mazzullo: SUBJECT: APPLICABILITY OF 49 FR 177.816 articles, RADIOACTIVE WHITE-1 or RADIOACTIVE YELLOW-II) need to be iransported in There are occasions that packages of radioactive material (i.e., excepted package-instruments or definition of a commercial motor vehicle as described in the Federal Motor Carrier Safety University vehicles by University personnel as a private catrier. The vehicles used do not meet the Regulations. The applicability of hazmat training requirements for the personnel that might drive Training). these vehicles is very clear (eg. General Awareness, Function Specific, Security Awareness, and Safety for this type of transportation. It seems that the driver training requirements apply to c rivers only of I am seeking clarification on the applicability of the driver training requirements of 49 CFR 177.816 locate also seem to focus entirely on commercial motor vehicles. commercial motor vehicles. The available hazmat driver training packages that I have been able to gary.spichiger @wku.edu. Thank you for your time. If you have any questions for me regarding my inquiry, I can be contacted at 270-745-7095 or Sincerely, Radiation Safety Officer Gary M. Spichiger qual Education and Employment Opportunitie tearing Impaired Oniy: 270-745-53-6 Kentucky http://www.wku.edu#