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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)

Regulation Sections

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