Re: Interstate commerce

[jdelahunt@cc.colorado.edu (John DeLaHunt)]

>Does anyone have a copy of the DOT definition of "Interstate Commerce?"

I couldn't find such in 49 CFR 171.  However, there are referrences to
"commerce" and "interstate" in the Purpose and Scope section (171.1).

It's my understanding that the combination of these words is archaic in the
newer editions of the regs, in that the regs no longer apply strictly to
"interstate commerce".

That said, I have seen (and have, somewhere) interp letters from RSPA
(Research and Special Programs Agency -- division of DOT who wrote hazmat
regs) that define commerce more clearly.  The digest is:

If it's not government, it's commerce.

This includes churches and private academics, and (maybe) state academics,
and other not-for-profits.  In short, the Webster's def of "commerce" is not
applicable, with respect to the profit motive.

Interstate is pretty clear -- cross a state line and it's interstate.

Some states have adopted all the HM-181/126F requirements for intrastate
shipments (like Colorado), for all parties, even governmental, which makes
the distinctions between government and non-government, and inter- and
intrastate, moot for shipments originating, passing through, or ending in
Colorado (near as I can tell).

Perhaps you could provide a hypothetical example, and get some hypothetical
answers.

Hope this helps.

John

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