{"operation":"document","citation":"14-0128","title":"University of Minnesota — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-11-21","effective_on":null,"summary":"14-0128 response to University of Minnesota concerning 171.1, 171.8, 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0128.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0128.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0128","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2014/140128.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMaterials Safety\nPipeline and Hazardous\nAdministration\nMr. Michael Maurer\nNOV 2 1 2014\nDepartment of Environmental Health and Safety\nUniversity of Minnesota\nW-140 Boynton Health Service\n410 Church Street S.E.\nMinneapolis, MN 55455\nRef. No. 14-0128\nDear Mr. Maurer:\nThis is in response to your June 3, 2014 letter regarding the Hazardous Materials Regulations\n(HMR; 49 CFR parts 171-180) materials of trade (MOTs) exception. You state that the\nUniversity of Minnesota-owned Umarket Services (UMS) wants to ship hazardous materials\nto its warehouse, which operates as a shipment consolidation hub between two campuses with\nvarious laboratories and facilities involved in the business of research and education.\nShipments of hazardous materials will be transported to and from the warehouse in UMS\nmotor vehicles in support of university work. You ask whether such transportation may be\ndefined in accordance with § 171.8 as MOTs and thus eligible for the MOTs exception under\n§ 173.6.\nIt is our understanding that the University of Minnesota is a state-run university. As provided\nin § 171.1(d)(5), the HMR do not apply to the transportation of a hazardous material in a\nmotor vehicle, aircraft, or vessel operated by a Federal, state, or local government employee\nsolely for noncommercial Federal, state, or local government purposes. A state agency (such\nas a state university) that transports hazardous materials for its own use, using its own\npersonnel and vehicles, is not engaged in transportation in commerce and thus, the HMR do\nnot apply.\nFor an operation considered in commerce, the scenario you describe would meet the § 171.8\ndefinition of a MOT, in that a hazardous material, other than a hazardous waste, is carried on\na motor vehicle by a private carrier in direct support of a business that is other than\ntransportation by motor vehicle. Thus, UMS warehouse transport activities as described\nabove and conducted for commercial purposes would be eligible for the MOTs exception\nunder $173.6.\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nActing Chief, Standard Development\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nStewart\n1*3.30\nUNIVERSITY OF MINNESOTA\nMateriese Tone.\nTwin Cities Campus\nEnvironmental Health and Safety\nOffice of Vice President for\nW-140 Boynton Health Service\nUniversity Services\nMinneapolis, MN 55455\n410 Church Street S.E.\nUjjice: 612-626-6002\nFax: 612-624-1949\nEmail: dehs@umn.edu\nwww.dehs.umn.edu\nDate: June 3, 2014\nTO:\nU.S. Department of Transportation, Pipeline and Hazardous\nMaterials Safety Administration\nOffice of Hazardous Materials Safety\n400 7\" St., S.W.\nWashington, DC 20590\nFROM: Micheal Maurer\nPublic Health Specialist\nDepartment of Environmental Health and Safety\nUniversity of Minnesota\nRE:\nMaterials of Trade\nDear Sir/Madame:\nThe University of Minnesota owned central stores operation, Umarket Services (UMS), is\nformally requesting an interpretation of the Materials of Trade exception as published in 49 CFR\nsection 171.8.\nThe University of Minnesota Twin Cities has two campuses located within 5 miles of each other.\nEach campus houses laboratories and teaching facilities involved in the business of research and\neducation. Often, it is necessary for the labs and facilities to use limited quantities of hazardous\nmaterials in support of these activities.\nThe hazardous materials are ordered from suppliers and shipped via UPS or FedEx to the campus\naddressees. The University of Minnesota is asking for a letter of interpretation stating that\nFedEx, UPS and various other carriers may ship hazardous materials to the UMS warehouse as a\ntheir final destination in UMS vehicles.\nshipment consolidation hub: It is proposed they will be received, held and then transferred to\nThe University of Minnesota is a private motor carrier transporting materials solely for our\nprimary business of research and education and not commercial transportation. No shipments\nwill be repackaged and UMS does have drivers that are trained to transport hazardous goods.\nI am requesting an interpretation to determine if the materials that will be transported from the\nUMS warehouse to the campus research laboratories and teaching facilities meets the definition\nof the Materials of Trade as listed in 49 CFR 178.8. Specifically paragraph 3 which states \"By a\nprivate motor carrier in direct support of a principal business that is other than transportation by\nPage 1 of 2\n\n<<<PAGE 3>>>\n\nUNIVERSITY OF MINNESOTA\nmotor vehicle.\" It is my belief that the hazardous materials transported by UMS to the campus\nlaboratories and teaching facilities meets the definition of Materials of Trade based upon the\nstatements I have made above.\nIlook forward to your response and interpretation to this rule.\nThank you,\nMike Maurer\nPublic Health Specialist\nDepartment of Environmental Health and Safety\nUniversity of Minnesota\nPage 2 of 2","truncated":false,"body_characters":5043}