{"operation":"document","citation":"14-0101","title":"University of New Mexico — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-08-06","effective_on":null,"summary":"14-0101 response to University of New Mexico concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0101.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0101.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0101","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2014/140101.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMaterials Safety\nPipeline and Hazardous\nAdministration\nAUG 0 6 2014\nMr. Andrew E. Buchan\nRadiation Safety Specialist\nThe University of New Mexico\nHealth Sciences Center, MSC 08 4560\n1 University of New Mexico\nAlbuquerque, NM 87131-0001\nReference No. 14-0101\nDear Mr. Buchan:\nThis is in response to your May 21, 2014 letter requesting clarification of how the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) apply to the transport of Class 7\n(radioactive) materials by a university that is a state agency. Specifically, you state your\nuniversity employees transport packages containing radioactive materials and radioactive\nwaste throughout the university's campus and to its outlying facilities. You ask if your\nunderstanding is correct that these packages are not subject to the HMR when transported by\nuniversity employees because they are not transported in commerce, and that they are subject\nto the HMR when offered to, or transported by, a commercial third party, such as a waste\nbroker or carrier.\nYour understanding is correct. 49 CFR 171.1(d)(5) states that a state agency, such as a state\nuniversity, that transports hazardous materials for its own use, using its own personnel and\nvehicles, and is not engaged in transportation in commerce is not subject to the HMR.\nHowever, if the university transports hazardous materials using a commercial carrier, such as\na contractor or a contract or common carrier, it is subject to the requirements of the HMR.\nI hope this satisfies your request.\nSincerely,\nThen rost\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nGUNM HEALTH SCIENCES CENTER\nClinical and Translational Science Center\nAnimal Resource Facility\nClinical Trials Center\nOFFICE OF RESEARCH\nBiomedical Research Education Program\nBiohazard Compliance\nConflict of Interest\nRadiation Safety\nExport Control\nEdmonson\nDATE: May 21, 2014\n$171.1\nUS Department of Transportation\nMr. Charles Betts, Director\n§ 173.6\nPHH-10\nOffice of Hazardous Materials Standards\nApplicability\n400 7* St. S.W.\n14-0l0t.\nWashington, DC 20590-0001\nDear Mr. Betts:\nI am writing on behalf of the University of New Mexico. We have been transporting radioactive materials packages\nand radioactive waste throughout our campus and to our outlying facilities based on your letter of interpretation #07-\nunderstand from your letters that as a State Agency, operating State vehicles, we are not considered \"in commerce:\"\n0043 (attached) to Western Kentucky University and numerous other letters like it, issued to other Universities. We\nand as such are not subject to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). However, if\nour waste or other radioactive materials was to be offered for transport by a third party, such as a waste broker or\ncommercial carrier, the items are subject to HMR regulations.\nwriting to request that you provide this letter. If you have any questions please call or email me; otherwise, we look\nRecently our regulators have requested that we obtain a letter of interpretation from US DOT of our own, and I am\nforward for your prompt return of this clarification to us on your letterhead.\nThank you,\nAndra E brutan\nRadiation Safety Specialist\nAndrew E. Buchan\nPhone: 505-925-0743\nabuchan@salud.unm.edu\nFax: 505-272-8738\nThe University of New Mexico Health Sciences Center • MSC 08 4560 • 1 University of New Mexico • Albuquerque, NM\n87131-0001\nBasic Medical Sciences Building • Phone 505.272.6950 • Fax 505.272.8738 • http://hsc.unm.edu/som/research/\n\n<<<PAGE 3>>>\n\nU.S. Department\nof Transportation\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nHazardous Materials Safety\ndministratiol\nIAR 26 200\nMr. Gary M. Spichiger\nRadiation Safety Officer\nReference No. 07-0043\nWestern Kentucky University\nDepartment of Environmental Health and Safety\n1906 College Heights Boulevard, #11046\nBowling Green, KY 42101-1046\nDear Mr. Spichiger:\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) apply to the transport of\nThis is in response to your February 15, 2007 letter requesting clarification on how the\nradioactive materials by a university that is a state agency. Specifically, you state your\nquantities of Class 7 (radioactive) material appropriately labeled \"RADIOACTIVE\nuniversity employees transport packaged instruments and articles containing excepted\nthe employees are required to receive the hazardous material training for drivers prescribed\nWHITE-I\" OR \"RADIOACTIVE YELLOW-I\" in university-owned vehicles, and ask if\nin § 177.816.\nThe answer is no. A state agency, such as a state university, that transports hazardous\ntransportation in commerce and, therefore, is not subject to the HMR. However, if the\nmaterials for its own use, using its own personnel and vehicles is not engaged i?\nuniversity transports hazardous materials using a commercial carrier, such as a contractor\nthose prescribed in § 177.816. See § 171.1(introductory paragraph) and (c).\nor a contract or common carrier, it is subject to the requirements of the HMR, including\nI hope this satisfies your request.\nSincerely,\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n171.814\n070043\n\n<<<PAGE 4>>>\n\nEdmonson\n$177.816\nA CENTURY-SPIRT\ntighway Trainin\nepartment of Environment\n07-0047\n270-745-5825\nlealth and Safe\n1365-\nFAX: 270-745-5037\nINVERSTY\nWESTERN\n1906 College Heights Blvd. #11046\nWestern Kentucky University\nBowling Green, KY 42101-1046\nThe Spirit Makes the Master\nFebruary 15, 2007\nS Department of Transportatic\nir. Edward T. Mazzullo, Directo\nPHH-10\nOffice of Hazardous Materials Standards\nWashington, DC 20590-0001\n400 7th St., S.W.\nDear Mr. Mazzullo:\nSUBJECT: APPLICABILITY OF 49 FR 177.816\narticles, RADIOACTIVE WHITE-1 or RADIOACTIVE YELLOW-II) need to be iransported in\nThere are occasions that packages of radioactive material (i.e., excepted package-instruments or\ndefinition of a commercial motor vehicle as described in the Federal Motor Carrier Safety\nUniversity vehicles by University personnel as a private catrier. The vehicles used do not meet the\nRegulations. The applicability of hazmat training requirements for the personnel that might drive\nTraining).\nthese vehicles is very clear (eg. General Awareness, Function Specific, Security Awareness, and Safety\nfor this type of transportation. It seems that the driver training requirements apply to c rivers only of\nI am seeking clarification on the applicability of the driver training requirements of 49 CFR 177.816\nlocate also seem to focus entirely on commercial motor vehicles.\ncommercial motor vehicles.\nThe available hazmat driver training packages that I have been able to\ngary.spichiger @wku.edu. Thank you for your time.\nIf you have any questions for me regarding my inquiry, I can be contacted at 270-745-7095 or\nSincerely,\nRadiation Safety Officer\nGary M. Spichiger\nqual Education and Employment Opportunitie\ntearing Impaired Oniy: 270-745-53-6\nKentucky\nhttp://www.wku.edu","truncated":false,"body_characters":7102}