RE: DOT Question

Like many things regulatory, I think the answer is "It depends."

First of all, the US DOT HM regulations (HMR) apply to "transportation in commerce," that is, in the furtherance of some business or commercial enterprise. As an analogy, if I go to the filling station to get gasoline for my lawnmower at home, then I'm not subject to the DOT HMR. OTOH, if I'm filling gasoline cans for my lawn care business, that the transportation of that gasoline is regulated.

Also, the DOT feds have written a number of "clarification" letters over the years that government property, driven by government employees, is not subject to the HMR.

So, in Hans' questions, if I as an individual transport my personal fiestaware to the dump, I don't fall under the HMR. (Hopefully, I won't set off the sensors, and get everyone's Homeland Security boxes in a bunch, but that's a different issue).

Similarly, if I'm a DOE employee (NOT a contractor), carrying DOE fiestaware in my car or a DOE vehicle, then that's also not subject to the HMR. However, if I'm a DOE employee, and I get on a commercial airline with fiestaware (either in checked baggage or in carry-on) I have now "offered" the fiestaware to the airline and that now becomes a regulated activity.

If I recall correctly, fiestaware had uranium in the glaze, and Natural uranium has an "Unlimited" A1/A2 value. So you could very probably use the exceptions in 49 CFR §173.421 and/or §173.426.

http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_49/49cfr173_00.html (scroll down to 173.421), which gets you out of "...specification packaging, marking, labeling and, if not a hazardous substance or hazardous waste, the shipping paper and certification requirements of this subchapter and requirements of this subpart..."

You can also search or browse the DOT clarification letters http://www.myregs.com/dotrspa/

I couldn't find anything that dealt directly with fiestaware, but there was a question about light bulbs containing radioactive materials:

This is in response to your April 30, 2001 letter inquiring whether your light bulb meets the definition of a Class 7 (radioactive) material under 49 CFR 173.403. The light bulb contains a glass "starter bottle." The bottle's interior surface is coated with a solution containing a radionuclide. Specifically, you ask whether the specific activity is calculated by using the entire weight of the coated starter bottle or by using the actual weight of the coating. The specific activity is calculated by using the actual weight of the coating on the starter bottle. If the specific activity is 70 Bq per gram or lower, the light bulb does not meet the definition of Class 7 (radioactive) materials and is not subject to the Hazardous Materials Regulations. If the specific activity is greater than 70 Bq per gram, you may be able to offer the light bulb for transportation as a limited quantity material or surface contaminated object in an excepted package. This information addresses only the transportation of the light bulbs in question. We suggest that you review the U.S. Nuclear Regulatory Commission regulations in Title 10 of the Code of Federal Regulations regarding the use, possession and disposal of these light bulbs.

You could also write DOT for another clarification on the topic, and if they decide that the fiestaware is regulated, then apply for an exemption under 49 CFR §107.105, or petition for rulemaking to somehow get fiestaware included in the exceptions in 173.401(b).

Also, if the US adopts the TS-R-1 (ST-1), then the "unregulated" limit for natural uranium would drop to 1 Bq/g (if I read the table right).

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Capt. Bruce Bugg
Special Projects Coordinator
Law Enforcement Division
Georgia Department of Motor Vehicle Safety
P.O. Box 80447
Conyers, GA 30013-8047
voice: 678.413.8825
fax: 678.413.8832
e-mail: obbugg@dmvs.ga.gov