Re: Scope of DOT Regulation

[LIPTONW@detroitedison.com]

NO! 
 
The governing regulation for NRC licensed material is 10CFR71.  10CFR71.0(b) 
requires compliance with DOT regulations for licensed material.  10CFR71.0(c) 
states that:  "The regulations in this part apply to any licensee authorized 
by specific or general license issued by the Commission to receive, possess, 
use, or transfer licensed material, if the licensee delivers that material to 
a carrier for transport, transports the material outside the site of usage as 
specified in the NRC license, or TRANSPORTS THAT MATERIAL ON PUBLIC HIGHWAYS." 
 [emphasis mine]  The word, "commerce" does not appear in this statement.   
 
Bill Lipton 
The opinions expressed are strictly mine. 
Here's to a risk free world, and other fantasies.

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• To: Multiple,recipients,of,list,radsafe@romulus.ehs.uiuc.edu
• Subject: Scope of DOT Regulation
• From: "radsafe@romulus.ehs.uiuc.edu" <radsafe@romulus.ehs.uiuc.edu>
• Date: 05 Nov 96 09:31:50
• Reply-to: radsafe@romulus.ehs.uiuc.edu

I believe that the operative factor is "commerce".

Are you engaged in commerce ?

No commerce = No subjection to 49 CFR (per 49 CFR 171.1)

Bill Pitchford
Radiation Protection Facility
Arizona State University
Tempe, Arizona 85287-3501

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