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Interpretation Response #17-0069

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: The Ohio State University

Individual Name: Mr. Mike Swick

Location State: OH Country: US

View the Interpretation Document

Response text:

 
 
 
October 17, 2017
 
Mike Swick
Operations Manager
The Ohio State University
2650 Kenny Road
Columbus, OH  43210
 
Reference No. 17-0069
 
Dear Mr. Swick:
 
This letter is in response to your June 22, 2017, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to government employees transporting hazardous materials for noncommercial purposes.  You state the Receiving and Outbound Department, referred to as Central Receiving, acts as a shipment consolidation and distribution center for the Ohio State University campus.  Shipments, including those that are hazardous materials, arrive via common carrier.  These shipments are loaded and then transported in a motor vehicle by University employees.  You seek confirmation of your understanding that the HMR do not apply to employees of the Ohio State University who transport hazardous materials in motor vehicles for noncommercial purposes.
 
Your understanding is correct.  The Ohio State University is a state-run university.  In accordance with § 171.1(d)(5), the HMR do not apply to the transportation of hazardous materials in a motor vehicle, aircraft, or vessel operated by a Federal, state, or local government employee solely for noncommercial Federal, state, or local government purposes.
 
I hope this information is helpful.  Please contact us if we can be of further assistance.
 
Sincerely,
 
 
 
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
 
171.1(d)(5)

Regulation Sections

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