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 Mr. Andrew Buchan JUN 3 0 2014 Radiation Safety Specialist University of New Mexico Basic Medical Sciences Building 1 University of New Mexico Albuquerque, NM 87131 Ref. No.: 14-0118 Dear Mr. Buchan: This is in response to your letter dated May 21, 2014, and subsequent conversation with a member of my staff, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) relating to the transportation of radioactive materials in commerce. You state you understand that as a state agency, operating state vehicles you are not considered to be "in commerce" and are not subject to the HMR. You ask if your waste or other radioactive materials were to be offered for transport to a third party, such as a waste broker or commercial carrier that the items are subject to HMR requirements. You are correct to note that state agency, such as a state university, that transports hazardous materials for its own use, using its own personnel and vehicles is not engaged in transportation in commerce per § 171.1(d)(5) and, therefore, is not subject to the HMR. If your waste or other radioactive materials were to be offered for transport to a third party, such as a waste broker or commercial carrier, these shipments would be subject to all applicable HMR requirements. I trust this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, A M. Wing for Shane C. Kelley Acting International Standards Coordinator Standards and Rulemaking Division#

Page 2Webb 8171.1 #14-0118 UNM HEALTHSCIENCES CENTER Appliability Clinical and Translational Science Center Animal Resource Facilin Clinical Trials Center OFFICE OF RESEARCH Biomedical Research Education Program Biohasard Compliance Conflict of Interest Radiation Safety Export Control DATE: May 21, 2014 US Department of Transportation Mr. Charles Betts, Director PHH-10 Office of Hazardous Materials Standards 400 7 St. S.W. Washington, DC 20590-0001 Dear Mr. Betts: and radioactive waste throughout our campus and to our outlying facilities based on your letter of interpretation #07- I am writing on behalf of the University of New Mexico. We have been transporting radioactive materials packages 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 understand from your letters that as a State Agency, operating State vehicles, we are not considered "in commerce;" 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. 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. writing to request that you provide this letter. If you have any questions please call or email me; otherwise, we look Thank you, Andear E bretan Andrew E. Buchan abuchan@salud.unm.edu Radiation Safety Specialist Phone: 505-925-0743 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 3.S. Departmer f Transportatio 400 Seventh Street, S.W. Washington, D.C. 20590 ipeline anc lazardous Materials Safet Administration 2007 Radiation Safety Officer Mr. Gary M. Spichiger Reference No. 07-0043 Department of Environmental Health and Safety Western Kentucky University 1906 College Heights Boulevard, #11046 Bowling Green, KY 42101-1046 Dear Mr. Spichiger: 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 Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) apply to the transport of 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-II" in university-owned vehicles, and ask if in § 177.816. materials for its own use, using its own personnel and vehicles is not engaged in The answer is no. A state agency, such as a state university, that transports hazardous university transports hazardous materials using a commercial carrier, such as a contractor transportation in commerce and, therefore, is not subject to the HMR. However, if the 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, Kohi Thish te Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards 171.814 070043#

Page 4Edmonson $177.816 righway/ rainin. Department of Environmenta 07-004→ 270-745-5825 Health and Safet 1906~2006 FAX: 270-745-5037 UNIVERSITY WINTURN 1906 College Heights Blvd. #11046 Nestern Kentucky Universit Bowling Green, KY 42101-1046 The Spirit Makes the Master February 15, 2007 Mr. Edward T. Mazzullo, Director Office of Hazardous Materials Standards US Depattment of Transportation 400 7th St., S.W. Washington, DC 20590-0001 Dear Mr. Mazzullo: SUBJECT: APPLICABILITY OF 49 CFR 177.816 articles, RADIOACTIVE, WHITE-I or RADIOACTIVE YELLOW-Il) need to be transported 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 Jniversity vehicles by University personnel as a private cartier. The vehicles used do not meet the these vehicles is very clear (eg. General Awareness, Function Specific, Security Awareness, and Safety Regulations. The applicability of hazmat training requirements for the personnel that might drive I am seeking clarification on the applicability of the driver training requirements of 49 CFR 177.816 commercial motor vehicles. The available hazmat driver training packages that I have been able to for this type of transportation. It seems that the driver training requirements apply to crivers only of locate also seem to focus entirely on commercial motor vehicles. 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, Day t, hackay, Radiation Safety Officer Gary M. Spichiger qual Education and Employment Opportunitie: fearing Impaired Only: 270-745-53-89 Kentucky http://www.wku.edu#