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Interpretation Response #08-0244 ([University of the Sciences in Philadelphia] [Ms. Renee Siegel])

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 the Sciences in Philadelphia

Individual Name: Ms. Renee Siegel

Location State: PA Country: US

View the Interpretation Document

Response text:

January 16, 2009


Ms. Renee Siegel

Director, Environmental Health & Radiation

Safety Department

University of the Sciences in Philadelphia

600 South 43rd Street

Philadelphia, PA 19104

Reference Number 08-0244

Dear Ms. Siegel,

This is in response to your request for clarification of the applicability of the Hazardous Materials Regulations (49 CFR Parts 171-180) to the University of Sciences in Philadelphia"s transportation of hazardous materials. You state that the University is not a state agency, but that the hazardous materials are transported on or across roads that are publicly accessible. You ask whether such transportation is subject to the HMR and, if so, whether it is acceptable for a University employee to restrict access.

Generally, transportation of hazardous materials by employees of a private college or university is considered commercial transportation for purposes of the HMR and, thus, is subject to all applicable HMR requirements. However, in accordance with § 171.1(d)(4), the HMR do not apply to rail or motor vehicle movements of a hazardous material exclusively within a contiguous facility boundary where public access is restricted except to the extent that the hazardous materials are transported on or across public roads. Use of a red traffic signal, gates, or similar road closure to deny public access to a public highway utilized for movements of hazardous materials makes the portion of the highway to which access is restricted private. A University employee who restricts access is an acceptable method of control. Thus, for transportation of hazardous materials by University employees on University grounds that utilizes or crosses a public road, the HMR do not apply if access to the public roads is controlled by a University employee during the time that the hazardous material crosses the public road.

I hope this information is helpful. Please contact this office if you have additional questions.

Hattie L. Mitchell, Chief

Regulatory Review and Reinvention

Office of Hazardous Materials Standards

§ 171.1

Regulation Sections

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