Boston University Medical Campus — Hazardous Materials Safety Interpretation

Page 1Ive Leva da Navio Boston University Medical Campus Evans Basement 72 East Concord Street Boston, MA 02118 Reference No. 16-0134 Dear Mr. Whalen: This letter is in response to your August 16, 2016, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to transportation of hazardous materials across the Boston University Medical Campus (BUMC). Specifically, you seek confirmation that a blood irradiator can be shipped without a type B container, provided the transportation is within the contiguous campus and the use of any public roads is restricted. In your letter, you note that BUM is comprised of two entities: Boston University (BU), a Massachusetts nonprofit educational institution (which includes the medical school), and Boston Medical Center (BMC), a privately owned hospital and teaching affiliate for BU's medical school. You further propose a transportation scenario, noting that two public roads will be restricted by the Boston Police during the transportation of the irradiator. You ask if the shipment in the scenario provided would be excepted from the HMR under § 171.1(d)(4). The answer is yes. Section 171.1(d)(4) excepts hazardous material shipments by rail and motor vehicle when the transportation occurs entirely within a facility's boundary, provided public access is restricted during transportation. Since your university shares space with the hospital, both are considered part of the BUMC campus. In addition, if any portion of the hazardous signail mis nes, orse apable o during ca pcs rat moves be restricted by I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, - T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Hi Shante/Alice, Please submit this as a letter of interpretation. Mr. Whalen spoke with Eamonn. Please let me know if you have any questions. Thanks, Jordan From: Whalen, Michael Peter [mailto:mpwir@bu.edu] Sent: Tuesday, August 16, 2016 10:01 AM To: INFOCNTR (PHMSA) Subject: HMR Interpretation Request Dear Sirs: SECURITY-RELATED INFORMATION: WITHHOLD FROM PUBLIC DISCLOSURE UNDER 10 CFR 2.390 We have questions regarding applicability of the Hazardous Materials Regulations. Please find attached two letters, one confidential and one for the public and two maps, one marked confidential. Mike Michael P. Whalen, Jr. | MS, CHP Radiation Safety Officer & Chief Health Physicist Division of Medical Physics and Radiation Safety Environmental Health & Safety Boston University Medical Campus 72 East Concord St. | Evans Basement B01#

Page 4August 16, 2016 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Office of Hazardous Materials Standards Re: Applicability of Hazardous Material Regulation To Whom It May Concern: We are writing to obtain clarification of the Hazardous Materials Regulations (HMR) found in 49 CFR Parts 171-180 as it applies to Boston University Medical Center (BUMC) in Boston, MA. We are considering moving hazardous material (HM) across our campus and two public roads and have questions regarding applicability of 49 CFR 171.1(d)(4). This regulation appears to allow us to use a fork lift to move our HM, without HMR required container, placarding, etc. across the BUMO campus, which includes two public roads, provided that access to the two public roads are "restricted by signals, lights, gates, or similar controls." In our case we will be using the Boston Police to restrict public road access. Our question is in regards to the clause "contiguous facility boundary where public access is restricted" found in 49 CFR 171.1(d)(4). BUMC is comprised of two entities: Boston University (BU), a Massachusetts nonprofit educational institution (which includes the Medical School), and Boston Medical Center (BMC), a privately owned hospital and the teaching affiliate for BU's Medical School. But, the relationship goes beyond the teaching affiliation. The two entities work very closely together, share resources, and even share and co-own buildings and/or attach them via cat walks, etc., allowing seamless access to BMC and BU areas (dependent upon one's work function). A resource shared by BMC and BU include the Public Safety department. The Public Safety department provides security in all BMC and BU buildings and grounds, and they issue and rescind employee identification cards which are smart cards that provide/deny access to BMC and BU buildings, based upon each employee work function and restrictions.#

Page 5I look forward to hearing your written interpretation as to whether the HMRs are or are not applicable in our above stated plans. If additional information is required, please do not hesitate to contact me at 617-638-7135 or via e-mail at mpwjr@bu.edu. Thank you in advance for your assistance in this matter. Sincerely, Michael P. Whalen, Jr. Chief Health Physicist#

Page 6ty Owned U/ BMC Leased 85 East Concord Street 330 Harrison Ave - Moakley 800 Harrison Avo - BCD 72 East Concord Street - L Annex 71 East Concord Street - K Bidg. Conte 750 Albany Street - Power Plant Boston Public Health Commission 784 Mass. Ave. - Mallory Building 756 Albany Street - Maxwell Finland Bidg 725 Albany Street - Shapiro Ambulatery Care Center 65 East Newton Street - Beta Tron BO East Concord Street • A BOSTON UNIVERSITY, BOSTON MEDICAL CENTER, BIOSQUARE BOSTON UNIVERSITY MEDICAL CENTER 10 Stoughton Street • V Buitding - Vose 746 Harrison Ave. - C Building - Colamorc 750 Harrison Ave. • Sullang • Kobinson 710 Albany Street Parking Garage - 1000 Spaces 715 Albany Street - T Bldg - Talbot (SPH) 72 East Concord Street - R Bidg - Housman 72 East Concord Street - L Bidg - Instructional (SOM) 670 Albany Street 732 Harrison Ave - Preston 88 East Newton Street - Newton Pavillion 720 Harrison Ave. - DOB Parking Garage 720 Harrison Ave. - Doctors Office Bidg 700 Albany Street - CABR - W Building 31 66 East Newton Street - D Building - Old Evans 100 East Newton Street - G 8ldg - Goldman (SM) i Bids • Pullet 75 East Newton Street - E Building - Evans Building Construction-Building Permit Address 560 Harrison Avenue 575 Albany Street - Perkin Elmer 660 Marrison Avenuc • Gambro 620 Albany Street - NEIDL BioSquare Parcel E - Parking 600 Albary Street - BioSquare Parcel G 14 609 Albany Street - J Bidg - Dermatology 615 Albany Street -N Bidg - Naval Blood 650 Albany Street • EBRC - X Building 610 Albany Street Parking Garage - 1400 Spaces August 20, 2015 ISD & BFD Map 21 200#