Re[2]: Scope of DOT Regulation

[Ron_Dobey_at_MU-EHS-PO1@ext.missouri.edu]

     I agree.  We have gotten into some sticky situations with NRC/DOT with 
     regards to shipping and whether or not the activity is regarded as "in 
     commerce."  They seem to interpret commerce rather loosely, which can 
     get you caught up having to use DOT regulations, when you might 
     otherwise think you don't have to.  Some of the problem comes from NRC 
     being allowed to interpret DOT regulations, as they are deemed the 
     experts on radiological issues.  Sometimes their interpretations seem 
     to run contrary to the intent or literal reading of the regulation.
     
     Ron Dobey, CHP
     University of Missouri-Columbia
     EHSRON@MUCCMAIL.MISSOURI.EDU
     
     Standard disclaimers...yak, yak, yak!


______________________________ Reply Separator _________________________________
Subject: Re: Scope of DOT Regulation
Author:  radsafe@romulus.ehs.uiuc.edu at internet-ext
Date:    11/6/96 7:51 AM


At 09:33 AM 11/5/96 -0600, you wrote:
>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
     
     
Folks with direct experience here might correct me, but the training I've 
had has led me to believe that "commerce" is very broadly defined when it 
comes to hazmat shipping.  I'd be very cautious about shipping RAM under a 
"non-commerce" exception.
     
Keith Welch
Thomas Jefferson National Accelerator Facility 
Newport News VA
welch@cebaf.gov