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Interpretation Response #04-0256 ([University of South Alabama] [Mr. David Wiik])

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

Interpretation Response Details

Response Publish Date:

Company Name: University of South Alabama

Individual Name: Mr. David Wiik

Location State: AL Country: US

View the Interpretation Document

Response text:

Nov 19, 2004


Mr. David Wiik                 Reference No. 04-0256
Director, Radiation Safety Department
University of South Alabama
257 CSAB
Mobile, AL 36688-0002

Dear Mr. Wiik:

This responds to your letter requesting clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to state agencies who offer for transportation or transport hazardous materials.

Your understanding of the HMR is correct. Hazardous materials transported for noncommercial purposes by a state agency, including state-chartered and funded universities, are not subject to the HMR. Thus, transportation of a hazardous material in state-owned or state-leased vehicles operated by state employees is not subject to the HMR. However, transportation conducted by a private entity under contract to a state agency is subject to all applicable HMR requirements. Similarly, hazardous materials offered for transportation by a state agency to a commercial carrier are subject to all applicable HMR requirements.

I trust this satisfies your inquiry.



Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials


Regulation Sections

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