U.S. Nuclear Regulatory Commission

Request for Interpretation of Applicability of DOT Regulations to NRC-Licensed State or Federal Entities

HPPOS-038 PDR-9111210177

Title: Request for Interpretation of Applicability of DOT

Regulations to NRC-Licensed State or Federal Entities

See the memorandum from W. J. Olmstead to L. I. Cobb dated

April 11, 1985, and the memo from L. I. Cobb to J. H.

Joyner (and others) dated April 16, 1985. It is an OELD

opinion that federal, state, and other governmental

entities transporting NRC-licensed material are not

regulated by DOT but they are subject to the requirements

of 10 CFR 71.5 (b). For Agreement State-licensed material,

regulatory authority appears to be vested in the various

states.

The University of Missouri raised the question with Region

III as to whether it was exempt from NRC requirements for

transportation of radioactive material. NRC requirements

in 10 CFR 71 incorporates DOT regulations for

transportation of radioactive material by reference to

certain specific sections of 49 CFR Parts 171, 172, 173,

174, and 176.

On a number of occasions DOT has stated that its

regulations did not apply to purely governmental,

non-business activities. However, OELD has stated, among

other things, that federal, state, and other governmental

entities transporting NRC-licensed material are subject to

10 CFR 71.5 (b). This section refers to specific DOT rules

that apply to NRC licensees.

One area which has not been addressed is transportation of

Agreement State-licensed material by a government entity.

Subsection 274b of the Atomic Energy Act of 1954, as

amended, authorizes the NRC to enter into agreements with

the individual States providing for the discontinuance of

the regulatory authority of the NRC under chapters 6, 7,

and 8, and section 161 the Act with respect to byproduct,

source, and special nuclear material in quantities not

sufficient to from a critical mass.

In conclusion, since federal, state, and other governmental

entities transporting NRC-licensed material are not

regulated by DOT, they are subject to 10 CFR 71.5 (b). The

provisions of 71.5 (b) require these governmental entities

to "conform to the standards and requirements of the DOT"

referenced in 71.5 (a). Where NRC-licensed material is

involved, IE has the authority pursuant to 10 CFR 71.5 to

require that governmental entities comply with the

provisions of 71.5 (a). Where the licensed material

involved is Agreement State-licensed material, the

regulatory authority appears to be vested in the various

states.

Regulatory references: 10 CFR 71

Subject codes: 12.2, 12.9, 12.17

Applicability: All