{"operation":"document","citation":"14-0118","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":"2014-06-30","effective_on":null,"summary":"14-0118 response to University of New Mexico concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0118.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0118.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0118","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2014/140118.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\nMr. Andrew Buchan\nJUN 3 0 2014\nRadiation Safety Specialist\nUniversity of New Mexico\nBasic Medical Sciences Building\n1 University of New Mexico\nAlbuquerque, NM 87131\nRef. No.: 14-0118\nDear Mr. Buchan:\nThis is in response to your letter dated May 21, 2014, and subsequent conversation with a\nmember of my staff, requesting clarification of the Hazardous Materials Regulations (HMR;\n49 CFR Parts 171-180) relating to the transportation of radioactive materials in commerce.\nYou state you understand that as a state agency, operating state vehicles you are not\nconsidered to be \"in commerce\" and are not subject to the HMR. You ask if your waste or\nother radioactive materials were to be offered for transport to a third party, such as a waste\nbroker or commercial carrier that the items are subject to HMR requirements.\nYou are correct to note that state agency, such as a state university, that transports hazardous\nmaterials for its own use, using its own personnel and vehicles is not engaged in\ntransportation in commerce per § 171.1(d)(5) and, therefore, is not subject to the HMR. If\nyour waste or other radioactive materials were to be offered for transport to a third party,\nsuch as a waste broker or commercial carrier, these shipments would be subject to all\napplicable HMR requirements.\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nA M. Wing for\nShane C. Kelley\nActing International Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nWebb\n8171.1\n#14-0118\nUNM HEALTHSCIENCES CENTER\nAppliability\nClinical and Translational Science Center\nAnimal Resource Facilin\nClinical Trials Center\nOFFICE OF RESEARCH\nBiomedical Research Education Program\nBiohasard Compliance\nConflict of Interest\nRadiation Safety\nExport Control\nDATE: May 21, 2014\nUS Department of Transportation\nMr. Charles Betts, Director\nPHH-10\nOffice of Hazardous Materials Standards\n400 7 St. S.W.\nWashington, DC 20590-0001\nDear Mr. Betts:\nand radioactive waste throughout our campus and to our outlying facilities based on your letter of interpretation #07-\nI am writing on behalf of the University of New Mexico. We have been transporting radioactive materials packages\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\nunderstand from your letters that as a State Agency, operating State vehicles, we are not considered \"in commerce;\"\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.\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.\nwriting to request that you provide this letter. If you have any questions please call or email me; otherwise, we look\nThank you,\nAndear E bretan\nAndrew E. Buchan\nabuchan@salud.unm.edu\nRadiation Safety Specialist\nPhone: 505-925-0743\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\n.S. Departmer\nf Transportatio\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nipeline anc\nlazardous Materials Safet\nAdministration\n2007\nRadiation Safety Officer\nMr. Gary M. Spichiger\nReference No. 07-0043\nDepartment of Environmental Health and Safety\nWestern Kentucky University\n1906 College Heights Boulevard, #11046\nBowling Green, KY 42101-1046\nDear Mr. Spichiger:\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\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) apply to the transport of\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-II\" in university-owned vehicles, and ask if\nin § 177.816.\nmaterials for its own use, using its own personnel and vehicles is not engaged in\nThe answer is no. A state agency, such as a state university, that transports hazardous\nuniversity transports hazardous materials using a commercial carrier, such as a contractor\ntransportation in commerce and, therefore, is not subject to the HMR. However, if the\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,\nKohi\nThish te\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\nrighway/ rainin.\nDepartment of Environmenta\n07-004→\n270-745-5825\nHealth and Safet\n1906~2006\nFAX: 270-745-5037\nUNIVERSITY\nWINTURN\n1906 College Heights Blvd. #11046\nNestern Kentucky Universit\nBowling Green, KY 42101-1046\nThe Spirit Makes the Master\nFebruary 15, 2007\nMr. Edward T. Mazzullo, Director\nOffice of Hazardous Materials Standards\nUS Depattment of Transportation\n400 7th St., S.W.\nWashington, DC 20590-0001\nDear Mr. Mazzullo:\nSUBJECT: APPLICABILITY OF 49 CFR 177.816\narticles, RADIOACTIVE, WHITE-I or RADIOACTIVE YELLOW-Il) need to be transported 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\nJniversity vehicles by University personnel as a private cartier. The vehicles used do not meet the\nthese vehicles is very clear (eg. General Awareness, Function Specific, Security Awareness, and Safety\nRegulations. The applicability of hazmat training requirements for the personnel that might drive\nI am seeking clarification on the applicability of the driver training requirements of 49 CFR 177.816\ncommercial motor vehicles. The available hazmat driver training packages that I have been able to\nfor this type of transportation. It seems that the driver training requirements apply to crivers only of\nlocate also seem to focus entirely on commercial motor vehicles.\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,\nDay t, hackay,\nRadiation Safety Officer\nGary M. Spichiger\nqual Education and Employment Opportunitie:\nfearing Impaired Only: 270-745-53-89\nKentucky\nhttp://www.wku.edu","truncated":false,"body_characters":7037}