U.S. Nuclear Regulatory Commission

Transport License Condition - Radiography License

HPPOS-195 PDR-9111210322

Title: Transport License Condition - Radiography License

See the memorandum from J. Liberman to G. H. Bidinger dated

August 24, 1978. This memo states that license conditions

give the licensee notice of required compliance with DOT

regulations under 10 CFR Part 71.5, but in no sense is the

licensee excused from compliance with other provisions of

10 CFR Part 71 and other applicable regulations.

Guidance was sought as to the intent of the following

standard license condition: "The licensee may transport

licensed material or deliver licensed material to a carrier

for transport, in accordance with the provisions of Section

71.5, Title 10, Code of Federal Regulations, Part 71,

'Packaging of Radioactive Material for Transport'."

The intent of this license condition is to emphasize to the

licensee that transport of licensed materials is subject to

applicable DOT regulations pertaining to packaging,

labelling, marking, and like matters. The condition should

not be read to exempt licensees from compliance with other

regulations under Part 71 or other NRC regulations.

10 CFR Part 71, including paragraph 71.5, was amended in

1972, with the intent of bringing within the scope of DOT

regulations, shipments by AEC licensees that were not then

subject to DOT jurisdiction. DOT's packaging and labelling

requirements were to be imposed on all future cases, either

under DOT or AEC authority. Under the 1972 revisions, DOT

regulations apply to all transport of licensed materials by

carrier outside the confines of the licensee's plant or

place of licensed material use (10 CFR 71.2). The

requirements of Part 71 are in addition to, not in

substitution for other requirements related to packaging

and transport [10 CFR 71.1 (b)], and the regulations of

Part 71 apply to each person authorized by specific license

to receive, possess, use or transfer licensed materials.

The required compliance with DOT regulations imposed on

licensees in 10 CFR 71.5 is not exclusive; compliance with

other portions of Part 71 and other applicable regulations

is required.

10 CFR 71.3 requires licensees who transport or deliver

licensed materials to a carrier for transport to hold a

general or specific license issued by NRC, unless exempted

from such requirements under 10 CFR 71.6-71.9. For

shipments within the limits set by 10 CFR 71.11, a general

license can deliver licensed material to a carrier for

transport without compliance with the package standards of

Subpart C of Part 71. Under 10 CFR 71.12, a general

license is issued for shipments delivered to a carrier in

DOT-specification containers, NMSS approved packages, or in

packages approved by a foreign government meeting IAEA

requirements.

If a licensee can not qualify for an exemption or general

license, a specific license is required. The necessary

contents of a specific license for transport of licensed

materials include: (1) a package description as required

in 10 CFR 71.22; (2) a package evaluation as required in

10 CFR 71.23; (3) a description of proposed procedural

controls as required in 10 CFR 71.24; and (4) in case of

fissile material, an identification of the proposed fissile

class. Private carriage is permissible; however, such

carriage is subject to DOT and NRC regulations as described

above.

10 CFR 71.5 requires compliance with regulations of DOT 49

CFR Parts 170-189, 14 CFR Part 103, 46 CFR Part 146, and of

the U.S. Postal Service in 39 CFR Parts 14-15. However,

regulations in 14 CFR Part 103 and 39 CFR Parts 14-15 have

been withdrawn or removed and consolidated under DOT

regulation in 49 CFR Parts 170-189.

License conditions give the licensee notice of required

compliance with DOT regulations under 10 CFR 71.5,

particularly for the benefit of licensees who themselves

intend to transport their own licensed material. The

licensee is not excused, however, from compliance with

other provisions of Part 71 and other applicable

regulations.

Regulatory references: 10 CFR 71, License Conditions

Subject codes: 11.5, 12.17

Applicability: Byproduct Material