ML20133F821
| ML20133F821 | |
| Person / Time | |
|---|---|
| Issue date: | 01/13/1997 |
| From: | NRC OFFICE OF ENFORCEMENT (OE) |
| To: | |
| Shared Package | |
| ML20133F817 | List: |
| References | |
| REF-QA-99990004-970113 EA-96-539, NUDOCS 9701150019 | |
| Download: ML20133F821 (3) | |
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NDC Systems Docket No. 999-90004 1
Irvindale, California General License Pursuant to Part 110 EA 96-539 During an NRC investigation conducted from April 12 through August 28, 1996, a violation of NRC requirements was identified.
In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the violation is listed below:
10 CFR 110.50(a) states, in part, that each general license is subject to all applicable provisions of the Atomic Energy Act and to all applicable rules and regulations of the Commission.
Section 110.50(a)(7) states that a licensee shall not proceed to export and shall notify the Commission promptly if he knows or has reason to believe the packaging requirements of Part 71 of this chapter have not been met.
10 CFR 71.5(a) requires, in part, that a licensee who delivers licensed material to a carrier for transport comply with the applicable requirements of the regulations of the Department of Transportation (DOT) in 49 CFR Parts 170 through 189 appropriate to the mode of transport.
49 CFR 171.ll(d) permits, in part, air transportation of limited quantities of radioactive material made in accordance with International Civil Aviation Organization (ICA0) Technical Instructions, provided the materials meet the provisions of 49 CFR 6173.422 and 6173.424. 49 CFR 171.12(d) permits, in part, that radioactive material being exported from the United States may be offered and accepted for transportation, when prepared for shipment in accordance with the International Atomic Energy Agency's (IAEA) " Regulations for the Safe Transport of Radioactive Materials, Safety Series No. 6,1985 Edition," provided that Type A package contents are limited in accordance with 49 CFR 173.431.
49 CFR 173.475 requires, in part, that before each shipment of any Class 7 (radioactive) materials package, the shipper shall ensure by examination or appropriate tests that the packaging is proper for the contents to be shipped.
49 CFR 173.422, in effect prior to November 1, 1995, provided, in part, that instruments and manufactured articles or similar devices having radioactive materials are excepted from the specification packaging, shipping paper and certification, and marking and labeling requirements of 49 CFR Chapter I, Subchapter C, and the requirements of 49 CFR Part 173, Subpart I, if the total activity per package does not exceed the relevant limit in Table 7 of 49 CFR 173.423.
IAEA regulations for transport of instruments and manufactured articles are given in IAEA Safety Series No. 6, at paragraphs 415-418, and Table IV.
Table 7 in 49 CFR 173.423, and Table IV in IAEA Safety No. 6, both limit the activity for instruments and articles to 10', Series A i 9701150019 970113 REG 4 GA999 ENVNDC 99990004 PDR
for special form solids. 49 CFR 173.431 (through the table in 49 CFR 173.435), ineffectpriortoNovember1,1995,specifiedtheA}ngan value for americium-241 as 8 curies. Thus, the activity limit for shipp instrument or manufactured article containing americium-241 in excepted packaging in effect prior to November 1, 1995, under IAEA or DOT regulations, or ICAO Technical Instructions, was 80 millicuries, while Type A packaging was required for instruments containing between 80 millicuries and 8 curies of americium-241.
Contrary to the above, from about 1989 to November 1995, NDC Systems, a general licensee pursuant to 10 CFR Part 110, delivered gauging devices containing 150 millicurie americium-241 sources for transport, by air, to foreign countries in excepted packaging rather than in Type A packaging.
(01013)
This is a Severity Level III violation (Supplement VI).
Pursuant to the provisions of 10 CFR 2.201, NDC Systems (Licensee) is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555, with a copy to the Regional Administrator, Region IV, 611 Ryan Plaza Drive, Suite 400, Arlington, Texas 76011, within 30 days of the date of the letter transmitting this Notice of Violation (Notice).
This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each violation:
(1) the reason for the violation, or, if contested, the basis for disputing the violation, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved.
Your response may reference or include previous docketed correspondence, if the correspondence adequately addresses the required response.
If an adequate reply is not received within the time specified in this Notice, an order or a Demand for Information may be issued as to why the license should not be modified, suspended, or revoked, or why such other action as may be proper should not be taken. Where good cause is shown, consideration will be given to extending the response time.
Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation.
Because your response will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction.
If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information.
If you request withholding (>f such material, you muit, specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the
l Notice of Violation information required by 10 CFR 2.790(b) to support a request for withholding confidential comercial or financial information).
Dated at Arlington, Texas, thisgt$~ day of January 1997 1
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