ML19246B486
| ML19246B486 | |
| Person / Time | |
|---|---|
| Issue date: | 06/08/1979 |
| From: | Adams B, Hendrie J NRC COMMISSION (OCM), TRANSPORTATION, DEPT. OF |
| To: | NRC COMMISSION (OCM) |
| References | |
| NUDOCS 7907160045 | |
| Download: ML19246B486 (11) | |
Text
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G MEMORANDUM 0F UNDERSTANDING BETWEEN THE UNITED STATES DEPARTMENT OF TRANSPORTATION AND THE UNITED STATES NUCLEAR REGULATORY COMMISSION FOR REGULATION OF SAFETY IN THE TRANSPORTATION OF RADI0 ACTIVE MATERIALS 79071600S6 364 23f
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Abstract.
This agreement delineates the respective respontibilities of the Department of Transportation (DOT) and the Nuclear Regulatory Commission (NRC) for the regulation of safety in transportation of radio tctive materials.
It supersedes the existing agreement executed on March 22,19: 3, between the DOT and the Atomic Energy Commission.
Generally, the DOT is responsible for regulating safety in transportation of all hazardous materials, including radioactive materials, and the NRC is responsible for regulating safety in receipt, possession, use, and transfer of byproduct, source, and special nuclear mat'erials.
The NRC reviews and approves or denies approval of package designs for fissile materials and for other radioac-tive materials (other than low specific activity materials) in quant-ities exceeding Type A limits, as defined in 10 CFR Part 71.
Agreement Between the DOT and the NRC.
The Department of Transportation (00T), under the Transportation of Explosives Act (18 U.S.C. 831-835), the Dangerous Cargo Act (R.S. 4472, as amended, 46 U.S.C.170), Title VI and 902 (h) of the Federal Aviation Act of 1958 (49 U.S.C.1421-1430 and 1472(h)), the Department of Transport-ation Act (49 U.S.C.1655), and the Hazardous Materials Transportation Act (49 U.S.C.1801-1812), is required to regulate safety in the transporta-tion of hazardous materials, including radioactive materials.
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The Nuclear Regulatory Commission (NRC), under the Atomi Energy Act of 1954, as amended (42 U.S.C. Chapter 23), and Section 20' of the Energy Reorganization Act of 1974, as amended (42 U.S.C. 58'l). is authorized to license and regulate the receipt, possession, use, and transfer of
" byproduct material," " source material,"
ad "special nuclear material" (as defined in 42 U.S.C. 2014).
The NRC authority to license air shipment of plutonium is further governed by P.L. 94-79.
For the purpose of developing, establishing, and icplementing consistent and comprehensive regulations and requirements for the saft transporta-tion of radioactive materials, and avoiding duplication of effort, the DOT and the NRC agree, subject to their respective statutory authorities, as follows.
Terms used in this agreement are defined in 49 CFR Parts 100-199 and 10 CFR Part 71.
I.
Development of Safety Standards A.
The DOT (in consultation with the NRC) will devr: lop safety standards for the classification of radioactive materials; for the design specifications and performance requirement < of packages for quantities of r6dioactive materials (other than fissile materials) not exceeding Type A limits and for low specific activity (LSA) radioactive materials; for the external radiatica fields, labeling, and marking of all radioactive materials packages and vehicles; for
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the mechanical conditions, construction requi erents. and tie-down requirements of carrier equipment; for the quali'ica-icns of carrier personnel, for the procedures for loading, ur.',oading, handling, and storage in transit; for any special transport controis (excluding safeguards) necessary for radiation safety during carriage; and for all other safety requirements except those specified in the next paragraph.
B.
The NRC (in co'nsultation with the DOT) will develop safety standards for design and performance of packages for fissile materials and for queititiec of other radioactive materials (other than LSA materials) 9xcerning Type A limits in the following areas:
1.
Structural materials of fabrication; 2.
Closure devices; 3.
Structural integrin ;
4.
Criticality control; 5.
Containment of radioactive matc*ial; 6.
Shielding; 7.
Generation of internal pressure; 8.
Internal contamiaation of packages; 9.
Protection agai.'st internal overneating; ard 10.
Quality assurance Of packaging desica, fabrication, testing.
maintenance, and use.
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II.
Adootion of Safety Standards and Regalatianc A.
The DOT will adopt regulations impasing on shippers and carriers subject to its jurisdiction those standards developed by the DOT and the NRC pursuant to Section I of this Memorandum of Understanding and any additional requirements necessary to protect the public health and safety.
The DOT will require NRC approval of designs of packages for shipment of fissile materials and other radioactive materials in quantities exceeding Type A limits (except LSA materials) by all persons subject to the jurisdiction of the DOT.
The DOT will issue complete and comprehensive Federal regulations for the packaging and transportation of all radioactive materials as a part of its overall body of Federal regulations (49 CFR Parts 100-199) for the packaging and transportation of all hazardous materials.
B.
The NRC will adopt packaging standards for fissile materia.ls and for quantities of other radioactive materials (other than LSA materials) exceeding Type A limits and will adopt regulations imposing on its licensees administrative, procedural, and technical requirements necessary to protect the public health and safety and to assure the common defense and security.
l C.
The NRC will adopt procedures, standards, and criteria for approval of package designs and for approval :f special transport controls proposed by the applicant for a giver package design. The NRC will require its licensees to comply with the DOT regulations when those persons are not otherwise subject to the DOT regulations.
III. Packace Review A.
The 00T will ' submit to the NRC for review the following package designs:
1.
Specification cont-iners.
Approval by the NRC of package designs for fissile materials and for radioactive materials (other than LSA materials) in quantities exceeding Type A limits will be obtained before publication of such designs in the D0T regulations.
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2.
Packages with foreign certification.
Approval by the NRC will be obtained before revalidation of the foreign certificates required in the DOT regulations for packages shipped between origins and destinations within the United States, except for import and exnort shipments.
Approval b;. the NRC is not required if a package is used solely for export or import or if a package is authorized by the DDT re;uiations solely for
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transportatien through or over the United States between origins and destinations outside the Unitec States.
The 00T
' - the responsibility for exercising discretion as to whether it requests NRC review of such packages.
3.
Any package for which NRC evaluation is warranted in DDT opinion.
B.
The NRC will evaluate package designs for fissile materials and for other radioactive materials (other than LSA materials) in quantities exceeding Type A limits and will, if satisfactory, issue approvals therefor (viz., a license, Certificate of Compliance, or
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other package approval) directly to the person requesting the approval.
IV.
Inspection and Enforcement A.
Eacn agency will conduct an inspection and enforcement program within its jurisdiction to assure compliance with its requirements.
The NRC will assist the DOT, as appropriate, in inspecting shippers of fissile materials and of other radioactive materials in quantities exceeding Type A limits.
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B.
The DOT and the NRC will consult each other on the results of their respective inspections in the areas where the results are related to the other agency's requirements, and each will take enforcement action as it deems appropriate within the limits of its authority.
V.
Accidents and Incidents A.
The 00T will require of all carriers subject to its jurisdiction the notification and reporting to the 00T of accidents, incidents, and instances of actual or suspected leakage involving radioactive material packages if such an event occurs in transit and the DOT will promptly notify the NRC of such events.
B.
The NRC will require of its licensees the notification and reporting to the NRC of accidents, incidents, and instances of actual or suspected leakage involving radioactive material packages if such an event occurs prior to delivery to a carrier for transport or after delivery to a receiver.
The NRC will encourage the Agree-I ment States and the 00T will encourage the non-Agreement States to l
States which have entered into an Agreement with the Atomic Energy Commission or the NRC pursJant to Section 274 of the Atomic Energy Act of 1954, as amended, under which the NRC has relinquished to such States the majority of its reguiatory authority over source, byproduct and special nuclear material in quantities not sufficier,t to form a critical mass. 36k
impose incident raporting requirements on shiopers and receivers subjcct to the States' jurisdiction.
C.
In all accidents, incidents, and instances of actual or suspected leakage involving packages of radioactive material regulated by the NRC, the NRC will normally be the lead agency for investigating the occurrence and preparing the report of the investigation.
The DOT may either participate, as appropriate, in the investigation with the NRC as the lea'd agency or conduct a separate investigation.
Subsequent to each investigation involving radioactive material regulated by the NRC, the NRC and the DOT will jointly define the scope of the enforcement actions to be taken by each agency to assure that shippers and carriers are subject to concurrent and p
equivalent enforcement actions but not unduly subject to duplicate enforcement actions.
D.
This section V does not affect the authority of the National Transportation Safety Board, which is independent of the DOT and the NRC, to receive accident reports and to investigate transpor-tation accidents.
VI.
National Comoetent Authority A.
The DOT will be the national competent authority with respect
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to the administrative requirements set forth in the Regulations for th'. Safc Transport of Radioactive Materia'is of the Ir.ternational Aton.ic Energy Agency (IAEA).
In issuing certificates of competent authority for the United States under those regulations, the 00T will require for c tain packages othar than DOT specification t-containers an NRC approval in accordance with Section III. A. of p
i this Memorandum of Understanding.
The NRC will provide to the national competent authority (DOT) technical support and advice
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pertaining to the transportation of radioactive materiais.
B.
The 00T will act as the representative of the United States to the IAEA and other international groups on matters pertaining to h
the administrative and safety reg'ilatory aspects of transportation b
k of radioactive materials.
The
.. will provide technical support
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and advice to the DOT in this capacity.
VII. Exchange of Information A.
Prior to issuance of any regulations by either the DOT or the NRC involving transp;rtation of radioactive materials, each agency will advise and consult with the other to avoid possible conflict in regulations and to assure that:
(1) the regulations will afford adequate protection of the health and safety of the public; (2) the effect of these regulations will not be inimical tc the common
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h defense and security of the United States; and (3) the regulations are in tne public interest.
B.
The DDT and the NRC will exchange information, consult and assist each other within the areas of their special competence in the development and enforcement of regulations and procedures.
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Each agency will make available to the other, subject to security requirements and statutory provisions affecting the release of information, sumca' ries of inspection records, investigations of serious accidents, and other matters relating to safety in the transportation of radioactive materials.
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VIII. Working Arrangements The NRC and the DOT will designate appropriate staff representatives and will establish joint working arrangements from time to time. for the purpose of adninistering this Memorandum of Understanding.
IX.
Effect h
'6 A.
Notaing herein is intended to affect the statutory exemption of shipments of radicactive materials made by or under the direction or supervision of the Department of Energy or the Department of Defense in accortar:e with the provisions of 18 U.S.C. 832(c).
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B.
This agreement shall take effect upon the signi g by authorizec regrasentatives of the respective agen:ies, and shall supersede in its entirety the March 22, 1973, Memora.dum of Uncerstanding between the DOT and the Atomic Energy ~ommission.
[L C.
Nothing in this Memorandum of Understanding is intended to restrict the statutory authority of either the DOT or the NRC.
f-DoneNt Washington, D.C., in triplicate, this 6
day of
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a FOR THE UNITED STATES DEPARTIMENT OF TRANSPORTATION P
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rock Adams, n
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Secretary of Transportation FOR THE UNITED STATES NUCLEAiR REGULATORY COMMISSION N
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y Mk h-[uy' M Joseph M._'-Hendrie. Cnairman, NuclMRegulatory Commissicin
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