Information Notice 2005-10, Changes to 10 CFR Part 71 Packages
| ML050960474 | |
| Person / Time | |
|---|---|
| Issue date: | 04/07/2005 |
| From: | Brach E NRC/NMSS/SFPO |
| To: | |
| Jacobs F NMSS/SFPO (301) 415-3961 | |
| References | |
| 10 CFR Part 71 IN-05-010 | |
| Download: ML050960474 (4) | |
UNITED STATES
NUCLEAR REGULATORY COMMISSION
OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS
WASHINGTON, D.C. 20555
April 7, 2005
NRC INFORMATION NOTICE 2005-10:
CHANGES TO 10 CFR PART 71 PACKAGES
ADDRESSEES
All 10 CFR Part 71 licensees and certificate holders.
PURPOSE
The U.S. Nuclear Regulatory Commission (NRC) is issuing this information notice (IN) to
remind addressees of the requirement to obtain NRC approval of all changes to NRC-approved
Part 71 packages before use of the changed packages. It is expected that addressees will
review the information for applicability to their activities involving transport of licensed
radioactive materials in NRC-approved packages for type B quantities. Licensees should
consider actions, as appropriate, to ensure compliance with packaging and transport
requirements. No specific action nor written response is required.
DESCRIPTION OF CIRCUMSTANCES
The NRC staff has noted several recent instances in which Part 71 licensees have shipped or
transported licensed radioactive material in packages that do not comply with the terms and
conditions of the applicable NRC Certificates of Compliance (CoCs). Examples of the
nonconformances include: (a) substituting a fastener of length and grade different from that
specified on the approved drawing; (b) welding a handling attachment to the packaging not
shown on the approved drawing; and (c) fabricating a packaging with a component not meeting
the minimum weight specified on the approved drawing. Notices of Violation were issued where
appropriate. Additionally, a question recently arose as to whether a change to a package
design approved in a foreign national competent authority certificate is required to be
revalidated by the U.S. Department of Transportation (DOT).
DISCUSSION
Section 71.33 requires an application for package approval to include a description of a
proposed package in sufficient detail to identify the package accurately and provide a sufficient
basis for evaluation of the package, e.g., specific materials of construction, weight, dimensions, and fabrication methods. In the NRC CoC for an approved package, a condition for use of the
package is that the packaging be fabricated in accordance with the design approved by the
Commission.
Section 71.17 grants an NRC licensee a general license to use an NRC-approved package to
transport, or to deliver to a carrier for transport, licensed material, provided that the user meets
certain requirements. One requirement is that the user must have a copy of the CoC, or other approval of the package, and have the drawings and other documents referenced in the
approval relating to the use and maintenance of the packaging. The user must also comply
with the terms and conditions of the license, certificate, or other approval, as applicable.
A package used to transport licensed material must be in conformance with the drawings and
documents referenced in the applicable approval. Any change to an approved package must
be approved by NRC before use of the changed package. Use of a nonconforming package is
a violation of requirements. NRC will consider enforcement actions when and as appropriate, consistent with the NRC Enforcement Policy.
Some foreign competent authorities may be allowing certain design modifications without
reapproval by the foreign competent authority. Since the U.S. does not allow use of packages
with nonapproved modifications, only foreign-approved packages compliant with the Safety
Analysis Report, technical data, and certificate reviewed and approved by DOT, can be used.
NRC is currently developing guidance that will clarify the level of detail in applications for
package approval that may help reduce the necessity for additional approvals (amendments).
In general, changes to the design or operations that are not conditions of the Part 71 Certificate
of Compliance approval do not require prior NRC approval. Application details that focus on the
features and characteristics necessary for safety, but do not overly constrict construction and
use, will prevent unnecessary amendments concerning non-safety-significant features.
This IN requires no specific action nor written response. If you have any questions about the
information in this notice, please contact the technical contact listed below or the appropriate
regional office.
/RA/
E. William Brach, Director
Spent Fuel Project Office
Office of Nuclear Material Safety
and Safeguards
Technical Contact:
Frank Jacobs, NMSS
(301) 415-3961 E-mail: fxj2@nrc.gov
Attachment: List of Recently Issued NMSS Information Notices approval of the package, and have the drawings and other documents referenced in the
approval relating to the use and maintenance of the packaging. The user must also comply
with the terms and conditions of the license, certificate, or other approval, as applicable.
A package used to transport licensed material must be in conformance with the drawings and
documents referenced in the applicable approval. Any change to an approved package must
be approved by NRC before use of the changed package. Use of a nonconforming package is
a violation of requirements. NRC will consider enforcement actions when and as appropriate, consistent with the NRC Enforcement Policy.
Some foreign competent authorities may be allowing certain design modifications without
reapproval by the foreign competent authority. Since the U.S. does not allow use of packages
with nonapproved modifications, only foreign-approved packages compliant with the Safety
Analysis Report, technical data, and certificate reviewed and approved by DOT, can be used.
NRC is currently developing guidance that will clarify the level of detail in applications for
package approval that may help reduce the necessity for additional approvals (amendments).
In general, changes to the design or operations that are not conditions of the Part 71 Certificate
of Compliance approval do not require prior NRC approval. Application details that focus on the
features and characteristics necessary for safety, but do not overly constrict construction and
use, will prevent unnecessary amendments concerning non-safety-significant features.
This IN requires no specific action nor written response. If you have any questions about the
information in this notice, please contact the technical contact listed below or the appropriate
regional office.
/RA/
E. William Brach, Director
Spent Fuel Project Office
Office of Nuclear Material Safety
and Safeguards
Technical Contact:
Frank Jacobs, NMSS
(301) 415-3961 E-mail: fxj2@nrc.gov
Attachment: List of Recently Issued NMSS Information Notices
E:\\Filenet\\ML050960474.wpd
- See previous concurrence
OFC:
SFPO
SFPO
SFPO
NAME:
FJacobs*
EKraus*
ECabrera*
RLewis*
BThomas*
DATE:
3/2/05
3/2/05
3/8/05
3/4/05
03/31/05 OFC:
SFPO
SFPO
NAME:
MWHodges*
STreby*
MSchwartz*
EWBrach
DATE:
3/4/05
3/15/05
3/24/05
04/07/05
OFFICIAL RECORD COPY
Attachment 1 Recently Issued NMSS Generic Communications
Date
GC No.
Subject
Addressees
04/01/05 IN-05-007
Results of HEMYC
Electrical Raceway Fire
Barrier System Full Scale
Fire Testing
All holders of operating licenses
for nuclear power reactors, except
those who have permanently
ceased operations and have
certified that fuel has been
permanently removed from the
reactor vessel, and fuel facilities
licensees.
02/28/05 RIS-05-003
Exemptions for Uranium
Contained in Aircraft
Counterweights - Storage
and Repair
All persons possessing aircraft
counterweights containing
uranium under the exemption in
03/10/05 IN-05-005
Improving Material Control
and Accountability Interface
with Criticality Safety
Activities at Fuel Cycle
Facilities
All licensees authorized to
possess a critical mass of special
nuclear material.
02/11/05 BL-05-011
Material Control and
Accounting at Reactors and
Wet Spent Fuel Storage
Facilities
All holders of operating licenses
for nuclear power reactors, decommissioning nuclear power
reactor sites storing spent fuel in
a pool, and wet spent fuel storage
sites. Note that this bulletin
relates to material control and
accounting (MC&A) programs and
is, therefore, being withheld from
public disclosure in accordance
with 10 CFR 2.390.
12/16/2004 RIS-04-020
NRC Regulatory Issue
Summary 2004-20:
Lessons Learned from
Review of 10 CFR Parts 71 and 72 Applications
All holders of, and applicants for, a (1) 10 CFR Part 71 certificate of
compliance for a radioactive
material transportation package;
(2) 10 CFR Part 72 certificate of
compliance for a spent fuel
storage cask; and (3) 10 CFR
Part 72 specific license for an
independent spent fuel storage
installation (ISFSI).
Note: NRC generic communications may be found on the NRC public website, http://www.nrc.gov, under Electronic Reading Room/Document Collections.