{"operation":"document","citation":"17-0069","title":"The Ohio State University — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-11-14","effective_on":null,"summary":"17-0069 response to The Ohio State University concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0069.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0069.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0069","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/56251/170069.pdf","body":"<<<PAGE 1>>>\n\nMike Swick\nOperations Manager\nThe Ohio State University\n2650 Kenny Road\nColumbus, OH 43210\nReference No. 17-0069\nDear Mr. Swick:\nThis letter is in response to your June 22, 2017, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CPR Parts 171-180) applicable to government employees\ntransporting hazardous materials for noncommercial purposes. You state the Receiving and\nOutbound Department, referred to as Central Receiving, acts as a shipment consolidation and\ndistribution center for the Ohio State University campus. Shipments, including those that are\nhazardous materials, arrive via common carrier. These shipments are loaded and then\ntransported in a motor vehicle by University employees. You seek confirmation of your\nunderstanding that the HMR do not apply to employees of the Ohio State University who\ntransport hazardous materials in motor vehicles for noncommercial purposes.\nYour understanding is correct. The Ohio State University is a state-run university. In\naccordance with § 171.1(d)(5), the HMR do not apply to the transportation of hazardous\nmaterials in a motor vehicle, aircraft, or vessel operated by a Federal, state, or local government\nemployee solely for noncommercial Federal, state, or local government purposes.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nchief. Standards Develooment Branc\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nPlease submit this as a letter of interpretation. Mr. Swick spoke with Edom.\nPlease let me know if you have any questions.\nThanks,\nJodi\nFrom: Swick, Mike [mailto:swick.72@osu.edu]\nSent: Thursday, June 22, 2017 3:40 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Letter of Interpretation\nDear Sir/Madame,\nI am the Operations Manager for the Ohio State University with responsibility for Receiving and Outbound Departments.\nI would like to request a Letter of Interpretation regarding 49CFR 171.1(d)(5) as it applies to our operation. Receiving\nand Outbound referred to as Central Receiving acts as a shipment consolidation and distribution center exclusively for\nthe Ohio State University campus including labs and hospital for the business of research and education. Parcels\nincluding some hazardous materials are received via common carrier, sorted, and loaded on University vehicles for\ntransport by University employees to their final destination.\nSince the Central Receiving operation transports hazardous materials in motor vehicles operated by state employees\nsolely for noncommercial state purposes, we would like confirmation that the HMR do not apply per 49CFR 171.1(d)(5).\nEven though the regulation may not apply, Central Receiving will continue to provide DOT, HazCom, and other\napplicable trainings for employees to ensure the safety of employees, students, and the public. Central Receiving\nprovides an important service to the University community by significantly reducing pedestrian exposure to common\ncarrier traffic not familiar with the campus buildings or roads.\nIf you agree, I would like to receive documentation for our files to be used to satisfy internal audits and for future\nreferenced as needed.\nI have attached a letter, Ref. No. 14-0128, dated November, 21, 2014 addressed to the University of Minnesota\nretrieved from the internet as an example. The second paragraph appears to apply to our operation.\nPlease contact me if you need additional information or have questions.\nRegards,\nMike\n1\n\n<<<PAGE 3>>>\n\nTHE PEOPLE. THE TRADITION. THE EXCELLENCE.\n2\n\n<<<PAGE 4>>>\n\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\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.\nActing Chief, Standard Development\nStandards and Rulemaking Division\n\n<<<PAGE 5>>>\n\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:\nMicheal 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\nshipment consolidation hub. It is proposed they will be received, held and then transferred to\ntheir final destination in UMS vehicles.\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 6>>>\n\nMike Maurer\nPublic Health Specialist\nDepartment of Environmental Health and Safety\nUniversity of Minnesota\nPage 2 of 2","truncated":false,"body_characters":7752}