Re: DOT Regulations

[lambert@hal.hahnemann.edu]

If the NRC says a physician can transport RAM without regard to DOT 
regulations, and the DOT is mum on the subject, who has jurisdiction?
Which agency has authority?  

If this means as you suggest (and I tend to believe you are right) that
the physician exemption by the NRC is meaningless, then maybe the NRC
should change their rule to eliminate conflicting and confusing
regulations.  (Anybody listening?) Is there a mechanism, short of a
petition for rulemaking, that an individual or licensee can suggest
regulatory changes such as the minor one suggested above?   

On Thu, 16 May 1996, Roy A. Parker wrote:

> > The DOT regulations had an exemption for physicians transporting
> > radioactive material, as I recall.  If so, can someone please cite 
> > the 49CFR.

>      The DOT Tile 49 regulations never had this exemption.  The
>      exemption you are thinking about is the NRC and agreement state
>      regulations.
>           10 CFR 71.9 Exemption of physicians.
>  
>              Any physician licensed by a State of the United States
>           to dispense drugs in the practice of medicine is exempt
>           from Section 71.5 with respect to transport by the
>           physician of licensed material for use in the practice of
>           medicine. However, any physician operating under this
>           exemption must be licensed under 10 CFR part 35.
>  
>      Since this is not in Title 49 (DOT Regulations) and with the
>      Uniform Hazardous Material Transportation Safety Act and it
>      adoption by states and/or the changes in definition of intrastate
>      commerce, the validity of this exemption may be questionable.




Kent Lambert
LAMBERT@hal.hahnemann.edu

All opinions are well reasoned and insightful.
Needless to say they are not the opinion of my
employer. - Paraphrased from Michael Feldman.