{"operation":"document","citation":"16-0134","title":"Boston University Medical Campus — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-03-13","effective_on":null,"summary":"16-0134 response to Boston University Medical Campus concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0134.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0134.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0134","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/69381/160134.pdf","body":"<<<PAGE 1>>>\n\nIve Leva da Navio\nBoston University Medical Campus\nEvans Basement\n72 East Concord Street\nBoston, MA 02118\nReference No. 16-0134\nDear Mr. Whalen:\nThis letter is in response to your August 16, 2016, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to transportation of hazardous\nmaterials across the Boston University Medical Campus (BUMC). Specifically, you seek\nconfirmation that a blood irradiator can be shipped without a type B container, provided the\ntransportation is within the contiguous campus and the use of any public roads is restricted.\nIn your letter, you note that BUM is comprised of two entities: Boston University (BU), a\nMassachusetts nonprofit educational institution (which includes the medical school), and Boston\nMedical Center (BMC), a privately owned hospital and teaching affiliate for BU's medical\nschool. You further propose a transportation scenario, noting that two public roads will be\nrestricted by the Boston Police during the transportation of the irradiator. You ask if the\nshipment in the scenario provided would be excepted from the HMR under § 171.1(d)(4).\nThe answer is yes. Section 171.1(d)(4) excepts hazardous material shipments by rail and motor\nvehicle when the transportation occurs entirely within a facility's boundary, provided public\naccess is restricted during transportation. Since your university shares space with the hospital,\nboth are considered part of the BUMC campus. In addition, if any portion of the hazardous\nsignail mis nes, orse apable o during ca pcs rat moves be restricted by\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\n-\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nHi Shante/Alice,\nPlease submit this as a letter of interpretation. Mr. Whalen spoke with Eamonn.\nPlease let me know if you have any questions.\nThanks,\nJordan\nFrom: Whalen, Michael Peter [mailto:mpwir@bu.edu]\nSent: Tuesday, August 16, 2016 10:01 AM\nTo: INFOCNTR (PHMSA)\nSubject: HMR Interpretation Request\nDear Sirs:\nSECURITY-RELATED INFORMATION: WITHHOLD FROM PUBLIC DISCLOSURE UNDER 10 CFR 2.390\nWe have questions regarding applicability of the Hazardous Materials Regulations.\nPlease find attached two letters, one confidential and one for the public and two maps, one marked\nconfidential.\nMike\nMichael P. Whalen, Jr. | MS, CHP\nRadiation Safety Officer & Chief Health Physicist\nDivision of Medical Physics and Radiation Safety\nEnvironmental Health & Safety\nBoston University Medical Campus\n72 East Concord St. | Evans Basement B01\n\n<<<PAGE 3>>>\n\n\n\n<<<PAGE 4>>>\n\nAugust 16, 2016\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nOffice of Hazardous Materials Standards\nRe: Applicability of Hazardous Material Regulation\nTo Whom It May Concern:\nWe are writing to obtain clarification of the Hazardous Materials Regulations (HMR) found in 49\nCFR Parts 171-180 as it applies to Boston University Medical Center (BUMC) in Boston, MA. We\nare considering moving hazardous material (HM) across our campus and two public roads and have\nquestions regarding applicability of 49 CFR 171.1(d)(4). This regulation appears to allow us to use a\nfork lift to move our HM, without HMR required container, placarding, etc. across the BUMO\ncampus, which includes two public roads, provided that access to the two public roads are \"restricted\nby signals, lights, gates, or similar controls.\" In our case we will be using the Boston Police to\nrestrict public road access.\nOur question is in regards to the clause \"contiguous facility boundary where public access is\nrestricted\" found in 49 CFR 171.1(d)(4).\nBUMC is comprised of two entities: Boston University (BU), a Massachusetts nonprofit educational\ninstitution (which includes the Medical School), and Boston Medical Center (BMC), a privately\nowned hospital and the teaching affiliate for BU's Medical School. But, the relationship goes beyond\nthe teaching affiliation. The two entities work very closely together, share resources, and even share\nand co-own buildings and/or attach them via cat walks, etc., allowing seamless access to BMC and\nBU areas (dependent upon one's work function). A resource shared by BMC and BU include the\nPublic Safety department. The Public Safety department provides security in all BMC and BU\nbuildings and grounds, and they issue and rescind employee identification cards which are smart\ncards that provide/deny access to BMC and BU buildings, based upon each employee work function\nand restrictions.\n\n<<<PAGE 5>>>\n\nI look forward to hearing your written interpretation as to whether the HMRs are or are not applicable\nin our above stated plans. If additional information is required, please do not hesitate to contact me at\n617-638-7135 or via e-mail at mpwjr@bu.edu. Thank you in advance for your assistance in this\nmatter.\nSincerely,\nMichael P. Whalen, Jr.\nChief Health Physicist\n\n<<<PAGE 6>>>\n\nty Owned\nU/ BMC Leased\n85 East Concord Street\n330 Harrison Ave - Moakley\n800 Harrison Avo - BCD\n72 East Concord Street - L Annex\n71 East Concord Street - K Bidg. Conte\n750 Albany Street - Power Plant\nBoston Public Health Commission\n784 Mass. Ave. - Mallory Building\n756 Albany Street - Maxwell Finland Bidg\n725 Albany Street - Shapiro Ambulatery Care Center\n65 East Newton Street - Beta Tron\nBO East Concord Street • A\nBOSTON UNIVERSITY, BOSTON MEDICAL CENTER, BIOSQUARE\nBOSTON UNIVERSITY MEDICAL CENTER\n10 Stoughton Street • V Buitding - Vose\n746 Harrison Ave. - C Building - Colamorc\n750 Harrison Ave. • Sullang • Kobinson\n710 Albany Street Parking Garage - 1000 Spaces\n715 Albany Street - T Bldg - Talbot (SPH)\n72 East Concord Street - R Bidg - Housman\n72 East Concord Street - L Bidg - Instructional (SOM)\n670 Albany Street\n732 Harrison Ave - Preston\n88 East Newton Street - Newton Pavillion\n720 Harrison Ave. - DOB Parking Garage\n720 Harrison Ave. - Doctors Office Bidg\n700 Albany Street - CABR - W Building\n31 66 East Newton Street - D Building - Old Evans\n100 East Newton Street - G 8ldg - Goldman (SM)\ni Bids • Pullet\n75 East Newton Street - E Building - Evans Building\nConstruction-Building Permit Address\n560 Harrison Avenue\n575 Albany Street - Perkin Elmer\n660 Marrison Avenuc • Gambro\n620 Albany Street - NEIDL\nBioSquare Parcel E - Parking\n600 Albary Street - BioSquare Parcel G\n14 609 Albany Street - J Bidg - Dermatology\n615 Albany Street -N Bidg - Naval Blood\n650 Albany Street • EBRC - X Building\n610 Albany Street Parking Garage - 1400 Spaces\nAugust 20, 2015\nISD & BFD Map\n21 200","truncated":false,"body_characters":6635}