United States Nuclear Regulatory Commission - Protecting People and the Environment

Information Notice No. 92-72: Employee Training and Shipper Registration Requirements for Transporting Radioactive Materials

                                 UNITED STATES
                         NUCLEAR REGULATORY COMMISSION
               OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS
                            WASHINGTON, D.C.  20555

                               October 28, 1992


Information Notice No. 92-72:   EMPLOYEE TRAINING AND SHIPPER REGISTRATION
                                    REQUIREMENTS FOR TRANSPORTING RADIOACTIVE
                                    MATERIALS  


Addressees

All U.S. Nuclear Regulatory Commission licensees.

Purpose

The U.S. Nuclear Regulatory Commission (NRC) is issuing this information
notice to review two recent rulemaking actions completed by the U.S.
Department of Transportation (DOT).  These recently effective regulations
prescribe requirements for training employees who perform any function subject
to the requirements of DOT Hazardous Material Regulations, and establish DOT
registration and fee requirements applicable to any person who offers for
transport specified quantities of radioactive materials.  

This notice applies to licensees who prepare and deliver radioactive material
packages to common or contract carriers, or who prepare and transport packages
as private carriers.  It is expected that licensees will review the DOT
requirements for applicability to their licensed activities and consider
actions, as appropriate, to ensure compliance when shipping packages
containing radioactive materials.  However, suggestions contained in this
notice do not constitute any new NRC requirements, and no written response is
required.

Background

NRC and DOT share primary responsibility for regulating the transportation of
radioactive materials within the United States.  NRC regulations for the
transportation of radioactive materials are codified in 10 CFR Part 71,
"Packaging and Transportation of Radioactive Materials."  DOT's hazardous
materials regulations, which address radioactive materials, are codified in 
49 CFR Parts 100-199.  A provision in the NRC regulations, 10 CFR 71.5,
requires that NRC licensees comply with DOT's hazardous material regulations. 

Discussion

The first DOT rulemaking action (Training for Safe Transportation of Hazardous
Materials, 57 FR 20944, May 15, 1992, excerpted amendments attached) adds
"Subpart H -- Training" to 49 CFR Part 172, "Hazardous Materials Tables 


9210220115.

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and Hazardous Materials Communications Regulations."  The second action
(Hazardous Materials Transportation; Registration and Fee Assessment Program,
57 FR 30620, July 9, 1992, excerpted amendments attached) adds "Subpart G --
Registration of Persons Who Offer or Transport Hazardous Materials" to 
49 CFR Part 107, "Hazardous Material Program Procedures."  The following
discussion summarizes major requirements included in the two actions;
licensees are advised that the Subparts contain additional requirements that
may be applicable to their programs.    


(1)  Hazardous Material Employee Training 
      (49 CFR Part 172, Subpart H, Sections 172.700-172.704, effective
       July 1, 1992)
   
The training is described in 49 CFR 172.700(b) as a systematic program that
ensures a hazmat employee has familiarity with the general provisions of the
hazardous material regulations (49 CFR Parts 171-180), is able to recognize
and identify hazardous materials, has knowledge of specific requirements of
the hazardous material regulations applicable to functions performed by the
employee, and has knowledge of emergency response information, self-protection
measures and accident prevention methods and procedures.  

Section 172.702 requires that hazmat employers ensure that hazmat employees
are trained and tested on the training subjects covered in Section 172.704.

Paragraph 172.704(a) contains more specific requirements for general
awareness, function-specific and safety training.  Subparagraph 172.704(a)(2)
requires that hazmat employees receive training concerning hazardous material
regulatory requirements specifically applicable to the functions the employee
performs.  For example, 49 CFR 177.842(d) requires that packages be so blocked
and braced that they cannot change position during conditions normally
incident to transportation.  Subparagraph 172.704(a)(2) requires that an
employee performing blocking and bracing be trained to perform that function.

Paragraph 172.704(c) requires that initial training for each hazmat employee
employed before November 15, 1992, be completed prior to April 1, 1993, and
that training for hazmat employees employed after November 15, 1992, be
completed within 90 days after employment.  The paragraph also requires that
hazmat employees receive required training at least once every two years.

Paragraph 172.704(d) contains training recordkeeping requirements.
.

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Hazmat employee training requirements are also contained in 49 CFR Part 177,
"Carriage by Public Highway" (also effective July 1, 1992).  Paragraph
177.800(c) prohibits private, common, or contract carriers from transporting a
hazardous material by motor vehicle unless each of its hazmat employees
involved in that transportation is trained as required by 49 CFR 172 
Subpart H. 


(2)  Hazardous Material Shipper/Carrier Registration 
      (49 CFR Part 107, Subpart G, Sections 107.601-107.620, effective
       August 31, 1992) 

As described in Section 107.601, the registration and fee requirements of
Subpart G apply to any person who offers for transportation, or transports, in
foreign, interstate or intrastate commerce, any highway route-controlled
quantity of radioactive material.  (A highway route-controlled quantity is
defined as a quantity within a single package which exceeds 3,000 times the
appropriate A value as specified in 49 CFR 173.433 or 30,000 curies, whichever
is least).  The requirements also apply to a shipment of 5,000 pounds gross
weight or more of a class of hazardous material(s) for which placarding is
required.

Section 107.606 contains exceptions from the Subpart for Federal, State, and
local agencies, and other persons.

Section 107.608 contains the general registration requirements, including a
provision that no person required to file a registration statement may
transport or cause to be transported or shipped hazardous materials, unless
such person has on file, in accordance with Section 107.620, a current annual
DOT Certificate of Registration.

Section 107.616 contains payment procedures for the annual fee, established at
$300 in Section 107.612.  Section 107.616 also describes an expedited
registration process ($350).

Section 107.620 describes recordkeeping requirements, including a requirement
for each person to maintain copies of the registration statement, payment
instrument, and Certificate of Registration for a period of three years from
the date of issuance of each Certificate of Registration.  This section also
requires each motor carrier to carry a copy of its Certificate of Registration
on board all transport vehicles used to transport hazardous materials. 

Licensees are reminded that compliance with DOT regulations is subject to NRC
and DOT inspection, and that licensees are responsible for maintaining
awareness of applicable DOT regulatory requirements.
.

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This information notice requires no specific action or written response.  If
you have any questions about the information in this notice, please contact
one of the technical contacts listed below or the appropriate regional office. 
Questions about DOT requirements should be directed to DOT.

                                       ORIGINAL SIGNED BY


                                    Robert F. Burnett, Director
                                    Division of Safeguards and Transportation
                                    Office of Nuclear Material Safety 
                                      and Safeguards

Technical contacts:  John R. Cook, NMSS 
                     (301) 504-2458 
                                     
                     George Brown, DOT 
                     (202) 366-4545

          Attachments:
          1.  Copy of amendments from DOT Final Rule on hazardous 
                  material employee training (57 FR 20952)
          2.  Copy of amendments from DOT Final Rule on hazardous 
                  material shipper/carrier registration (57 FR 30630)
          3.  List of Recently Issued NMSS Information Notices
          4.  List of Recently Issued NRC Information Notices
Page Last Reviewed/Updated Tuesday, November 12, 2013