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>EJ -
>
>Bill Bott may get low marks for "works and plays well with others" but he
>couldn't be more right in his reading of the CFR, including the fact that
>these regs *do* apply to all privately owned scuba cylinders.
>
>You can't read the CFS alone without looking at how they've been applied
>by the Courts and federal agencies. "In Commerce" is a very broad term
>-- your scuba tanks are "in commerce" every time you throw them in your
>trunk and drive on an interstate.
>
>Andrew Cohen is right that the real-world chance of a DOT inspector
>busting you for violating the regs is nil -- but there's no question they
>apply.
>
>Best -
>
>BW
>
>Best Regards --
>
>Bill
=46irstly, I must appologize to all for boring most of you to tears and
cluttering your mailbox, and most importantly, being too immature to just
let this go. I promise this will be my last response.
At the DOT Hazmat site, most specifically -
http://www.text-trieve.com/cgi-bin/foliocgi.exe/netidot.nfo/query=3D[jump!3A=
!27171
!2E1!27]/doc/{@97}?
In a letter from the Chief of Regulations Development in the Office of
Hazardous Materials Standards, copied below, the definition of the term "In
Commerce" as it relates to 49CFR can be found.
I am not a lawyer, nor do I play one on TV.
I will let everyone reach thier own conclusions.
E.J.
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D
January 4, 1996
Mr. John E. Bowen
University of Hawaii
College of Tropical Agriculture
and Human Resources
461 W. Lanikaula Street
Hilo, Hawaii 96720
Dear Mr. Bowen:
This is in response to your letter dated November 1, 1995, requesting
clarification on the applicability of the Hazardous Materials Regulations
(HMR; 49 CFR Parts 171-180 ) to Federal, State, and local government
agencies.
As provided in =A7 171.1 the HMR apply to any department, agency, or
instrumentality that transports or causes to be transported or shipped
hazardous materials in commerce. "In commerce" means the transportation of
hazardous materials for commercial purposes or the use of for-hire
interstate carriers by a state agency or local jurisdiction to transport
hazardous materials. A state agency or local jurisdiction that transports
hazardous materials for its own use, using its own personnel and vehicles,
is not engaged in transportation in commerce, and thus, the HMR do not
apply. There has been no change in the definition of "commerce" or
"commercial" in the current Federal hazardous materials transportation law.
This office is not aware of any case law that would change or vary the
agency's policy on this issue.
I hope this satisfies your inquiry. If you need additional assistance, do
not hesitate to contact us.
Sincerely,
Delmer F. Billings
Chief, Regulations Development
Office of Hazardous Materials Standards
=46ile:171.1
______________________________
E.J. Sadler / Particle Studios
ejsadler@pa*.ne*
800.704.3900
http://particles.net
______________________________
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