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Interpretation Response #03-0326 ([Kansas State University] [Mr. Mitch Ricketts, CSP])

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

Interpretation Response Details

Response Publish Date:

Company Name: Kansas State University

Individual Name: Mr. Mitch Ricketts, CSP

Location State: KS Country: US

View the Interpretation Document

Response text:

Feb 13, 2004


Mr. Mitch Ricketts, CSP                Reference No. 03-0326
Health, Safety & Environment Quality Coordinator
Kansas State University
113 Waters Hall
Manhattan, KS 66506

Dear Mr. Ricketts:

This responds to your December 10, 2003 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of hazardous materials by state agencies.  Specifically, you ask to what extent state agencies are subject to regulation under the HMR.

As provided in your letter, Kansas State University is a state agency operating research farms throughout the state of Kansas.  Portions of your crops are sold, while others are used for research purposes only.  You question whether the transport of hazardous materials by the University from the point of purchase to farms throughout' the state is regulated by the HMR. In addition, you ask whether the transport of pesticides and other chemicals from your farms throughout the state to your central hazardous waste storage site in Manhattan, Kansas, is regulated by the HMR.

As specified in § 171.1, the HMR govern the safe transportation of hazardous materials in commerce.  A state agency or local jurisdiction that transports hazardous materials for governmental purposes using its own personnel is not engaged in transportation in commerce, and, therefore, is not subject to the HMR.  However, if the state agency or local jurisdiction transports hazardous materials for a commercial purpose or offers hazardous materials, including hazardous waste, for transportation to a commercial carrier, then the HMR apply.  Although some of the crops raised on Kansas State University farms are sold, the underlying purpose of the farming operations is to support the education and research mission of the University.  Therefore, the transportation of hazardous materials by the University from the point of purchase to farms throughout the state and of hazardous waste from the farm to your central storage site is not subject to the HMR when the transportation is performed by University personnel.

I hope this information is helpful.



Edward T. Mazzullo
Director, Office of Hazardous
Materials Standards


Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions