DOT Applicability

[Mack Richard <MRICHARD@WPO.IUPUI.EDU>]

Radsafers:

I've gotten a lot of responses on the DOT thread. A considerable source
of controversy on this issue relates to whom one must petition for an
exemption - DOT or NRC.  One thing I should have mentioned in my
original post is that another university wrote a letter to the DOT
requesting an interpretation of whether or not DOT regulations apply to
transportation of hazardous materials on their campus.  The questions
and answers summarized in an April, 1993 letter from the DOT are as
follows:

Question 1 - "Must state universities comply with the HMTA (Hazardous
Materials Transportation Act) and the HMR (Hazardous Materials
Regulations) when they transport hazardous materials in state university
vehicles driven by state university employees on streets and roads
shared by the public?"

Answer 1 - "So long as a state university is not transporting the
hazardous materials 'in furtherance of a commercial enterprise' as an
agency or instrumentality, a state university would not meet the
definition of person in 49 CFR U.S.C. S1802(11) that must comply with
the HMR."

Question 2 - "When, if at all, must state universities comply with the
HMTA and the HMR?"

Answer 2 - "A state agency or instrumentality, including a state
university, must comply with the HMTA and the HMR when it offers
hazardous materials to a non-governmental carrier (by motor vehicle,
aircraft, rail, or vessel) or transports these materials in 'furtherance
of a commercial enterprise'."

The attorney that reviewed these responses basically interpreted them 
to mean that the university need not comply with the HMTA when it
transports hazardous materials on public roads as long as it utilizes
university employees and university vehicles to accomplish this task. 
He went on to state that the while the letter containing the
aforementioned answers did not constitute a judicial interpretation, it
was has opinion that the university was not at risk of being cited by
the DOT if it transports hazardous materials in the manner outlined
above.

Based upon this lengthy discourse, it appears to me that from a
university standpoint, the application of the DOT regulations in the
university environment rests with the NRC under 10 CFR 71.5(b) which
states in part, "If DOT regulations are not applicable to a shipment of
licensed material, the licensee shall conform to the standards and
requirements of the DOT specified in paragraph (a) of this section to
the same extent as if the shipment or transportation were subject to DOT
regulations.  A request . . ."

I don't know if this helps or adds to the confusion.  Sorry for this
lengthy post, but apparently university folks have a vested interest in
this issue.

Regards,
Mack R.

Standard disclaimers apply.

Mack L. Richard, M.S., R.S.O.
mrichard@wpo.iupui.edu
Phone:  (317) 274-0330    FAX:  (317) 274-2332