DCHAS-L Archives, Feb 20 2018 - Re: [DCHAS-L] Motor Carrier Act

Incorrect, the shipping company the faculty member would use is a commercial enterprise, the non-government agency that would test the sample is a commercial enterprise and a private university is too.

Edward M. Movitz

Research & Environmental Compliance Officer / FSO

The University of Mississippi

Laboratory Services

100 Health and Safety Building

P.O. Box 1848

University, MS 38677-1848

U.S.A.

O:+1-662-915-5433 | F: 662-915-5480

movitz**At_Symbol_Here**olemiss.edu | www.olemiss.edu | Laboratory Services Web Site

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From: ACS Division of Chemical Health and Safety <DCHAS-L**At_Symbol_Here**PRINCETON.EDU> on behalf of Battles, Paul <pmb024**At_Symbol_Here**SHSU.EDU>
Sent: Tuesday, February 20, 2018 11:06 AM
To: DCHAS-L**At_Symbol_Here**PRINCETON.EDU
Subject: Re: [DCHAS-L] Motor Carrier Act

Mr. Movitz,

Thank you for the explanation. So let's say a faculty member needs to ship a sample somewhere for analysis (NMR, X-Ray Chrom, etc.) to a none governmental agency or private university, since that shipment is not meant to "further a commercial enterprise" it would not be applicable?

Thanks,

Paul

From: ACS Division of Chemical Health and Safety [mailto:DCHAS-L**At_Symbol_Here**PRINCETON.EDU] On Behalf Of Edward Movitz
Sent: Tuesday, February 20, 2018 10:38 AM
To: DCHAS-L**At_Symbol_Here**PRINCETON.EDU
Subject: [DCHAS-L] Motor Carrier Act

Really quick rundown....

49 U.S. Code =A7 13501 - General jurisdiction:

The Secretary and the Board have jurisdiction, as specified in this part, over transportation by motor carrier

49 U.S. Code =A7 13102 - Definitions:

Motor private carrier.=97The term "motor private carrier" means a person, other than a motor carrier, transporting property by motor vehicle when=97

(A) the transportation is as provided in section 13501 of this title;

(B) the person is the owner, lessee, or bailee of the property being transported; and

(C) the property is being transported for sale, lease, rent, or bailment or to further a commercial enterprise.

Any person who transports hazardous material in commerce or causes hazardous material to be transported in commerce is subject to Federal hazardous material transportation laws.

A "person" includes: "a government, indian tribe, or authority of a government or tribe offering hazardous material for transportation in commerce or transporting hazardous material to further a commercial enterprise.

So, if you are a government agency (State University), moving government materials for a governmental purpose, from one governmental location to another governmental location - the transportation is not in commerce and is not subject to 49 U.S. Code =A7 13501 or 49CFR 171

If you ship hazardous materials using a service (fedex, ups, etc) you are subject to all of the regulations - just like anyone else.

Hope this helps.