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Interpretation Response #14-0118 ([University of New Mexico] [Mr. Andrew Buchan])

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 New Mexico

Individual Name: Mr. Andrew Buchan

Location State: NM Country: US

View the Interpretation Document

Response text:

June 30, 2014

Mr. Andrew Buchan
Radiation Safety Specialist
University of New Mexico
Basic Medical Sciences Building
1 University of New Mexico
Albuquerque, NM  87131

Ref. No.: 14-0118

Dear Mr. Buchan:

This is in response to your letter dated May 21, 2014, and subsequent conversation with a member of my staff, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) relating to the transportation of radioactive materials in commerce.  You state you understand that as a state agency, operating state vehicles you are not considered to be “in commerce” and are not subject to the HMR.  You ask if your waste or other radioactive materials were to be offered for transport to a third party, such as a waste broker or commercial carrier that the items are subject to HMR requirements.

You are correct to note that state agency, such as a state university, that transports hazardous materials for its own use, using its own personnel and vehicles is not engaged in transportation in commerce per § 171.1(d)(5) and, therefore, is not subject to the HMR.  If your waste or other radioactive materials were to be offered for transport to a third party, such as a waste broker or commercial carrier, these shipments would be subject to all applicable HMR requirements.

I trust this information is helpful.  If you have further questions, please do not hesitate to contact this office.

 

Sincerely,

Shane C. Kelley
Acting International Standards Coordinator
Standards and Rulemaking Division

 

171.1(d)(5)

Regulation Sections

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