October 17, 2017

 

Mike Swick

Operations Manager

The Ohio State University

2650 Kenny Road

Columbus, OH  43210

 

Reference No. 17-0069

 

Dear Mr. Swick:

 

This letter is in response to your June 22, 2017, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to government employees transporting hazardous materials for noncommercial purposes.  You state the Receiving and Outbound Department, referred to as Central Receiving, acts as a shipment consolidation and distribution center for the Ohio State University campus.  Shipments, including those that are hazardous materials, arrive via common carrier.  These shipments are loaded and then transported in a motor vehicle by University employees.  You seek confirmation of your understanding that the HMR do not apply to employees of the Ohio State University who transport hazardous materials in motor vehicles for noncommercial purposes.

 

Your understanding is correct.  The Ohio State University is a state-run university.  In accordance with § 171.1(d)(5), the HMR do not apply to the transportation of hazardous materials in a motor vehicle, aircraft, or vessel operated by a Federal, state, or local government employee solely for noncommercial Federal, state, or local government purposes.

 

I hope this information is helpful.  Please contact us if we can be of further assistance.

 

Sincerely,

 

 

 

Dirk Der Kinderen

Chief, Standards Development Branch

Standards and Rulemaking Division

 

171.1(d)(5)