DOT Regs

["Roy A. Parker" <70472.711@CompuServe.COM>]

I don't think that the answer is that simple.
 
1. With the advent of the Uniform Hazardous Materials
   Transportation Safety Act in the late 80's or early 90's
   an agency, usually the state police, in most states
   adopted by reference or verbatim the DOT regulations,
   which means that the state transportation regulations are
   identical to 49 CFR.  (I don't know about Texas.)  In
   most cases this procedure by-passed or pre-empted the
   authority of the state radiation control agency in
   transportation.
 
2. The definition of intrastate commerce is more complex
   than simply transport across state boundaries.  For
   example, if the physician as a private carrier, was
   transporting a brachytherapy source which was
   manufactured in another state this may be construed as
   interstate commerce.  Also, if the physician was
   transporting equipment, such as a Fletcher afterloader,
   which was manufactured in another state this may be
   construed as interstate commerce.  If anyone transports
   anything in interstate commerce solely within a state's
   boundaries, then it is still interstate commerce.  As I
   understand, it is very difficult in the purist legal
   sense to have a pristine intrastate commerce shipment.
 
Roy A. Parker, Ph.D.
E-Mail: 70472.711@compuserve.com
504-924-1473
 
 
> Actually, the answer is fairly simple:
 
> If the physician doesn't transport interstate (e.g.,
> across state lines), the jurisdiction is with the
> radiation regulatory agency, not the DOT.
 
> The NRC and Agreement State regulations generally require
> intrastate (in state) transport of radioactive material to
> still abide by DOT regulatory requirements.
 
> NOTE: Not every state includes the NRC physician
> exemption.  Texas, for one, does not.
 
> Wes