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.
Sincerely,
:
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials
171.1