Interpretation Response #07-0043 ([Western Kentucky University] [Mr. Gary M. Spichiger])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 03/26/2007

Company Name: Western Kentucky University

Individual Name: Mr. Gary M. Spichiger

Location State: KY Country: US

View the Interpretation Document

Response text:

Mar 26, 2007

Mr. Gary M. Spichiger                 Reference No. 07-0043

Radiation Safety Officer

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 Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) apply to the transport of radioactive materials by a university that is a state agency. Specifically, you state your university employees transport packaged instruments and articles containing excepted quantities of Class 7 (radioactive) material appropriately labeled "RADIOACTIVE WHITE-I" OR "RADIOACTIVE YELLOW-IT" in university-owned vehicles, and ask if the employees are required to receive the hazardous material training for drives prescribed in § 177.816.

The answer is no. A state agency, such as a state university, that transports hazardous materials for its own use, using its own personnel and vehicles is not engaged ii transportation in commerce and, therefore, is not subject to the HMR. However, if the university transports hazardous materials using a commercial carrier, such as a contractor or a contract or common carrier, it is subject to the requirements of the HMR, including those prescribed in § 177.8 16. See § 171.1(introductory paragraph) and (c).

I hope this satisfies your request.

Sincerely,

Hattie L. Mitchell, Chief

Regulatory Review and Reinvention

Office of Hazardous Materials Standards

177.816

Regulation Sections