Premedica Corporation — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh Street, S.W. Washington, D.C. 20590 Special Programs Research and Administration JUL 2 8 1999 Mr. Joseph K. Arsenault Ref. No. 99-0158 Primedica Corporation 57 Union Street Worcester, MA 01608 Dear Mr. Arsenault: This is in response to your letter dated June 9, 1999, concerning the definition of commerce as specified in § 171.1 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as it pertains to transporting infectious substances. As specified in § 171.1, the HMR govern the safe transportation of hazardous materials in intrastate, interstate and foreign commerce. The term "in commerce" means the furtherance of a commercial enterprise. A state agency or local jurisdiction that transports hazardous materials for governmental purposes using its own personnel is not engaged in transportation in commerce, commerce" excludes from and therefore, not subject to the HMR. In addition, "in regulation the transportation of hazardous materials in a private vehicle where the material is for personal use. Based upon the scenario that you provided, if Beth Israel Hospital is a non-governmental hospital, the physician is transporting infectious substances in commerce, and therefore, is subject to the HMR. This includes, but is not limited to, the training requirements under Part 172, Subpart H. I hope this satisfies your request. Sincerely, Iransportation Regulations Specialis1 Office of Hazardous Materials Standards 990158 171/#

Page 2JUN-09-1999 10:10 P.02/02 BAH : PRIMEDICA 57 Union Street | Worcester, MA 01609 8 11 1 June 9,1999 99-6158 Michael Johnson DOT Joseph K. Arsenault Hazardous Materials Hotline Primedica 57 Union Street horcester, MA 01608 (508) 890-0127 (508) 795-7752 (FAX) SIR: As per our conversation of 6/8/99 I still have questions as to the situation I described. Once again We have a Dr. who is acting as an agent of Beth Israel Hospital in Boston, MA. He is not certifled tó transport Infectious materials as he has never been trained perguant to 49 CFR 172 Subpart H. There 1s dissagteement in my company as to whether he needs to be certified, and although you provided me with letter: 11e cere subpar on goverment agencies being exempt It still does not answer my specifíc question. My questions to be precise are as follows: The argument is that he is not in commerce because he 1s not a commercial carrier. (1) What constitutes "IN COMMERCE" ? (2) Does a physician If he is deemed to be "IN COMMERCE" need to be certified Persuant to che above stated regulations: It he is carrying infectious materials on public roadways ? (3) Specifically, who is exempt from 49 CFR regularions ? I would appreciate if you could answer these specifle questions as they apply to our situation, so we can come to a factually supported position on this issue. Thank you very much for all your help in this very confusing matter. Joseph K. Arsenault Shipping coordinator for PRIMEDICA Primedica Corporation | Tel 508.890.0100 | Fax 508.753.1834! www.primedica.com TOTAL P.02#