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