Consideration of NRC Independent Measurement Samples as "Research" Pursuant to 49 CFR 175.700 (c) and 172.204 (c) (4)

HPPOS-161 PDR-9111220147

See the memorandum from A. W. Gella to J. Buchanan dated September 4, 1986.

The memo, presented in its entirety, expresses a DOT informal opinion that independent measurement samples collected by NRC inspectors may be considered as materials used in research per 49 CFR 172.204 (c) (4) and 10 CFR 175.700 (c). Therefore, these samples may be shipped on passenger-carrying aircraft.

As agreed to in our conversation on August 27, 1986, on that date I contacted Mr. Walt Greiner, the Hazardous Materials Specialist of FAA Headquarters. My question to him was whether or not the independent measurement samples collected by NRC inspectors could legitimately be considered as "research" pursuant to the subject regulation, and therefore, allowable as freight to be offered for transport aboard passenger-carrying aircraft.

After describing the sampling program and type of samples, materials involved, etc., as well as the purpose of the samples, he gave his opinion that the samples could be considered as "research." I therefore recommend that this be the case and that such a position continue to be taken with regard to Section 05.04 (d) of MC 1232, currently under revision and the subject DOT regulation.

Regulatory references: 49 CFR 172.204, 49 CFR 175.700

Subject codes: 12.13, 12.17, 12.18

Applicability: All