Interpretation Response #08-0268 ([University of Chicago] [Ms. Susan Grover])
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 Chicago
Individual Name: Ms. Susan Grover
Location State: IL Country: US
View the Interpretation Document
Response text:
January 8, 2009
Ms. Susan Grover
Environmental Health and Safety
University of Chicago
5640 South Ellis Avenue
Chicago, IL 60637
Reference No. 08-0268
Dear Ms. Grover:
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 Chicago"s transportation of hazardous materials. You state that the University of Chicago is not a state agency, but that the hazardous materials are transported on University grounds that are publicly accessible. Your understanding of the HMR is that any transportation of hazardous materials within University-owned buildings in University vehicles, is excepted from the HMR, including vehicle placarding requirements, provided the materials stay within the control of University employees the entire time. You state that the hazardous materials are not being transported in commerce.
Your understanding is not correct. 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. This includes transportation of hazardous materials on University grounds that are publicly accessible. Note, however, that, 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.
I hope this information is helpful. Please contact this office should you have further questions.
Sincerely,
Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standard
171.1(d)(4)