Re[2]: Scope of DOT Regulation -Reply

[Sim Shanks <shankss@odrge.odr.georgetown.edu>]

Forwarded message.  NRC employee viewpoint.

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To: shankss@odrge.odr.georgetown.edu
Subject:  Re[2]: Scope of DOT Regulation -Reply

Sim:  I want you to respond to the guy who talked about NRC enforcing DOT
regulations.  For NRC LICENSEES - They are subject to 10 CFR Part 71.  In
Part 71, NRC references DOT regulations (10 CFR 71.5), to give NRC
inspectors authority to inspect against and enforce DOT regs.  10 CFR
71.5(b) says that even if DOT regs might not "technically" apply if the
tranport is considered "not in commerce", the licensee must conform to the
requirements of DOT regs anyway.  I hope you pass this on to him.  Thanks!  
.....................

Original:
     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!


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Sim Shanks, RSO		        		shankss@odrge.odr.georgetown.edu
Georgetown University					(202) 687-4712
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