United States Nuclear Regulatory Commission - Protecting People and the Environment


CR78003

                              May 5, 1978 

MEMORANDUM FOR:     B. H. Grier, Director, Region I 
                    J. P. O'Reilly, Director, Region II 
                    J. G. Keppler, Director, Region III 
                    G. Madsen, Acting Director, Region IV 
                    R. H. Engelken, Director, Region V 

FROM:               Leo B. Higginbotham, Acting Director, FFMSI, IE 

SUBJECT:            IE CIRCULAR 78-03 PACKAGING GREATER THAN TYPE A 
                    QUANTITIES OF LOW SPECIFIC ACTIVITY RADIOACTIVE
					MATERIAL FOR TRANSPORT 

     The subject document is transmitted for issuance on May 12, 1977.  The 
Circular should be issued to all holders of Reactor Operating, Licenses and 
Construction Permits; and Fuel Cycle, Priority I Materials and Waste 
Disposal Licensees. Also enclosed is a draft copy of the transmittal letter.


                                        Leo B. Higginbotham, Acting Director 
                                        Division of Fuel Facilities 
                                          and Materials Safety Inspection 
                                        Office of Inspection and Enforcement

Enclosures: 
1.   Draft Transmittal Letter 
2.   Circular 78-03

CONTACT:  G. H. Bidinger, IE 
          49-23188 
.

                                                         IE Circular 78-03 

(Transmitted letter for Circular 78-03 to each holder of an Reactor 
Operating License and Construction Permit, and Fuel Cycle, Priority I 
Material, and Waste Disposal License) 

Addressee: 

The enclosed Circular 78-03 is forwarded to you for information.  If there 
are any questions related to your understanding of the suggested actions, 
please contact this office. 


                                        Signature 
                                        (Regional Director) 

Enclosures: 
1.   IE Circular 78-03 
2.   List of IE Circulars 
       Issued in 1978 
.

                              UNITED STATES 
                       NUCLEAR REGULATORY COMMISSION 
                   OFFICE OF INSPECTION AND ENFORCEMENT 
                          WASHINGTON, D.C. 20555 
                                     
                              May 12, 1978  

                                                         IE Circular 78-03 

PACKAGING GREATER THAN TYPE A QUANTITIES OF LOW SPECIFIC ACTIVITY 
RADIOACTIVE MATERIAL FOR TRANSPORT 

This circular describes a situation that has occurred at nuclear power 
facilities and that could occur wherever greater than Type A quantities of 
low specific activity (LSA) radioactive material are packaged for transport.

Some licensees subject to the requirements of 10 CFR Part 71 have shipped 
packages containing greater than Type A quantities of LSA material in 
packages which are not authorized by NRC. These unauthorized shipments have 
resulted from inadequate understanding of Part 71 regarding LSA material. 
Differences between Part 71 and the Department of Transportation 
requirements in 49 CFR Parts 170-189 have apparently contributed to these 
misunderstandings. 

Specifically, 49 CFR 173.392 authorizes the shipment of LSA material in 
"strong, tight packages" when transported in vehicles assigned for the sole 
use of the consignor. DOT regulations make no mention of the total activity 
that may be shipped in this manner. On the other hand, NRC regulations (10 
CFR 71.3) require that no licensee shall (a) deliver any licensed materials 
to a carrier for transport or (b) transport licensed material except as 
authorized in a general or specific license issued by the Commission, or as 
exempted in Part 71.  The general license of 10 CFR 71.12 has requirements 
for the type of container when more than a Type A quantity of radioactive 
material is to be transported.  LSA material in excess of a Type A quantity 
is not exempt from the general license requirements.  Several licensees have
failed to recognize the difference in the DOT and NRC requirements and have 
packaged greater than Type A quantities of LSA material for transport in 
containers other than those authorized by the general license of 10 CFR 
71.12. 
.

                                                         IE Circular 78-03 

Compliance with Part 71 is the responsibility of the NRC licensee who 
delivers licensed material to a carrier for transport or who transports such
material outside the confines of his plant or other place of use. 

No written response to this Circular is required.  If you require additional
information regarding this matter, contact the Director of the appropriate 
NRC Regional Office. 
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