Two Recent DOT Interpretations on 49 CFR Sections 173.398 (a) (1) and 173.39 1 (c) (4)
See the memorandum from A. W. Grella to G. H. Smith (and others) dated January 29, 1981.
This memo provides two updated interpretations issued by DOT. IAEA Certificates of Competent Authority issued by DOT are adequate to meet 49 CFR 173.398 (a) (1). Securely sealed metal cans meet the metallic sheath requirements of 49 CFR 173.391 (c) (4).
The first interpretation was concerned with the necessary certification of special form radioactive materials. DOT stated that International Atomic Energy Agency (IAEA) Certificates of Competent Authority issued by DOT for special form materials are adequate certification to meet the requirements of 49 CFR 173.398 (a) (1).
Therefore, a shipper may use a currently valid certificate issued by DOT in lieu of a "complete certification and supporting safety analysis." DOT issued certificates used in this manner must be current and valid. Since the certificates expire and are revised periodically, the shipper must have a current certificate.
The second DOT interpretation dealt with metallic sheath requirements of 49 CFR 173.391 (c) (4). The intent of this regulation is to prevent the spreading or loss of the oxide surface layer that forms on uranium metal. The use of securely sealed metal cans satisfy this requirement.
Regulatory references: 49 CFR 173
Subject codes: 12.17