ML20249C185

Notice of Violation from Insp on 980604.Violation Noted:On 980604,driver of Motor Vehicle Containing Hazardous Matl Did Not Ensure That Shipping Paper Required Was Readily Available to & Recognizable by Authorities

ML20249C185
Person / Time
Issue date:	06/16/1998
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20249C174	List: IR 015000019/1998002 ML20249C185
References
15000019-98-02, 15000019-98-2, NUDOCS 9806260160
Download: ML20249C185 (2)

Text

.

NOTICE OF VIOLATION Kreuger Gilbert Health Physics, Inc. Docket No.150-00019 .

Baltimore, MD MD License No. MD-05-101-01 During an NRC inspechon conducted on June 4,1998, one violation of NRC requirements was identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," (Enforcement Policy), NUREG-1600, the violation is listed below-A. 10 CFR 71.5(a) requires, in part, that each licensee who transports licensed material outsede the site of usage, as specified in the NRC license, or where transport is on public highways, or who delivers licensed material to a carrier for transport, comply with the applicable requirements of the DOT regulations in 49 CFR parts 170 through 189 appropriate to the mode of transport.

49 CFR 177.817(e) requires, in part, that a driver of a motor vehicle containing hazardous material ensure that the shipping paper required by this part is readily available to, and recognizable by, authonties in the event of accident or inspection.

Specifically, the driver stores the shipping paper as follows: 1. when the driveris at the -

vehicle's controls, the shipping paper be within the driver's immediate reach while he is restrained by the lap belt and either readily visible to a person entering the driver's compartment or in a holder which is mounted to the inside of the door on the driver's side of the vehicle, and 2) when the driver is not at the vehicle's controls, the shipping paper be in a holder which is mounted to the inside of the door on the driver's side of the vehicle or on the driver's seat in the vehicle.

Contrary to the above, on June 4,1998, the driver of a motor vehicle containing hazardous material did not ensure that the shipping paper required by this part was readily available to, and recognizable by, authorities in the event of accident or inspection. Specifically, the licensee transported a sealed source of cesium-137, a

- hazardous material, with an activity of 185 microcuries as a Type A shipment and the driver did not ensure that the shipping paper was within the driver's immediate reach while restrained by a lap belt. The shipping paper was kept with the package containing

' the hazardous material in the trunk of the car.

This is a Seventy Level IV violation (Supplement V).

Pursuant to the provisions of 10 CFR 2.201, Kreuger-Gilbert Health Physics, Inc. is hereby required to submit a wntten statement or explanabon to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555, with a copy to the -

Regional Administrator, Region I, within 30 days of the date of the letter transmitting this Nobce of Violation (Notice). This reply should be clearty marked as a " Reply to a Noboe of Violation" and should include for each violabon: (1) the reason for the violation, or, if contested, the basis for disputing the violabon, (2) the conective steps that have boon taken and the results -

achieved, (3) the corrective steps that will be taken to avoid further violabons, and (4) the date -

when full compliance will be achievoi, h ur response may reference or inchade previous -

1 docketed correspondence, if the corrwience adequately addresses the required response.

If an adequate reply is not received within the time specified in this Nobce, an order or a Demand for information may be issued as to why the license should not be modified,

' $YRk '

PDR E

7 Notice of Vidation 2 Kreuger-Gilbert Health Physics, Inc.

suspended, or rsvoked, 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.

If you contest this enforcement action, you should also provide a copy of your response to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, l- DC 20555-0001. Under the authonty of Section 182 of the Act,42 U.S.C. 2232, this response I shall be submitted under oath or affirmation.

Because your response will be placed in the NRC PuNic 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. However, if you find it necessary to include l . such information, you should clearly indicate the specific information that you desire not to be placed in the PDR, and provide the legal basis to support your request for withholding the information from the public.

v l

N

. - - - - - - - . - - - - . - . - - - - . _