ML20198J543

Responds to Requesting Clarification of 10CFR71.12(b) & 10CFR71,Subpart H.Provides Info Re Requirement of QA Program Approved by NRC

ML20198J543
Person / Time
Issue date:	12/23/1998
From:	Eng P NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Fisk R AFFILIATION NOT ASSIGNED
References
NUDOCS 9812300210
Download: ML20198J543 (2)

Text

-

December 23, 1998

• <N Mr. Rod H. Ftk Chtf Executiva Officer Trznsport Logistics Int:rnational, Inc.

4000 Bbckburn Lane, Suite 250 Burtonsville, MD 20866

Dear Mr. Fisk:

This is in response to your letter, dated November 30,1998, in which you requested clarification of 10 CFR 71.12(b) and 10 CFR Part 71, Subpart H. Specifically, you asked if Transport Logistics International, Inc. (TLI), is required to have a quality assurance (OA) program poproved by the U.S. Nuclear Regulatory Commission: (1) if TLI presents transportation pu ages owned by another entity for shipment and/or storage; and (2) if TLI purchases and p nts TLI-owned transportation packages for shipment and/or storage.

If TLI presents for transport packages owned by an NRC licensee authorized to possess the licensed material being shipped, that NRC licensee must have an NRC-approved QA program that satisfies the provisions of 10 CFR Part 71, Subpart H. TLI is not required to have a OA prograrn approved by the NRC in this instance. Under these circumstances, it is understood that TLI does not own the transportation packaging and TLI is merely assisting the NRC licensee in preparing the package for transport. However, the NRC licensee must understand that possession of the licensed material does not transfer to TLI, and that the NRC licensee retains responsibility for the shipment and for any noncompliance with applicable NRC or DOT requirements associatad with the shipment, including violations stemming from TLI activities.

. If TLI is the owner of transportation packagings that are certified by the NRC, TLI must have and implement an NRC-approved QA program that satisfies the provisions of 10 CFR Part 71, Subpart H. TLI must also te Sure that it has a copy of the pertinent certificate of compliance, or other approval for the package. This includes the drawings and documents referenced in the i approval relating to the use and maintenance of the packaging. Please note that holders of certificates of compliance and NRC-approved 10 CFR Part 71 OA programs are subject to NRC inspections.

I hope that this information is helpful to you and that your questions have been answered to your satisfaction. If you have any further questions, please contact Mr. Thomas Matula of my staff at 301-415-8563.

. Sincerely, original /s/ by Patricia L. Eng, Section Chief Transportation and Storage Inspection Section Spent Fuel Project Office, NMSS j Distribution: g NRC f/c PUBLIC NMSS r/f SFPO r/f EZiegler FCostello, R-l WKane SShankman r:\tsisqa\ letters \tli.wpd *see previous concurrence OFC SFPO* C SFPO* C SF/d[ C 9k ul NAME TMatula:Jc EZiegler /PEng]

DATE 12/23/98 12/23/98 12M398 C = COVER E = COVER & ENCLOSURE N = NO COPY

.p , m j i p [O981223 g3 , ,.- n * [ k I h7 h 9912300210 PDR

",, .v" "

Mr. Rod H. Fisk Chief Executive Officer Transport Logistics International, Inc.

4000 Blackburn Lane, Suite 250 Burtonsville, MD 20866

Dear Mr. Fisk:

This is in response to your letter, dated November 30,1998, in whic ou requested clarification of 10 CFR 71.12(b) and 10 CFR Part 71, Subpart H. Specifically, y u asked if Transport Logistics International, Inc. (TLI), is required to have a quality as rance (QA) program approved by the U.S. Nuclear Regulatory Commission: (1)if T presents transportation packages owned by another entity for shipment and/or storag ; and (2) if TLI purchases and presents TLl-owned transportation packages for shipment a or storage.

If TLI presents for transport packages owned by an NRC 'censee authorized to possess the licensed material being shipped, that NRC licensee mus have an NRC-approved QA program that satisfies the provisions of 10 CFR Part 71, Subpa H. TLI is not required to have a OA program approved by the NRC in this instance. Unde these circumstances, it is understood that TLI does not own the transportation packaging d TLI is merely assisting the NRC licensee in preparing the package for transport. H ever, the NRC licensee must understand that possession of the licensed material does not ansfer to TLI, and that the NRC licensee retains responsibility for the shipment and for an noncompliance with applicable NRC or DOT requirements associated with the shipment, inc ding violations stemming from TLI activities.

If TLI is the owner of transportation packagin s that are certified by the NRC, TLI must have an ,

NRC-approved QA program that satisfies th provisions of 10 CFR Part 71, Subpart H. TLI must also assure that it has a copy of the rtinent certificate of compliance, or other approval

)

4 for the package. This includes the drawi gs and documents referenced in the approval relating to the use and maintenance of t e packaging.

I hope that this information is helpful t you and that your questions have been answered to your satisfaction. If you have any fu er questions, please contact Mr. Thomas Matula of my staff at 301-415-8563.

1 Sincerely, Patricia L. Eng, Section Chief Transportation and Storage Inspection Section Spent Fuel Project Office, NMSS Distribution:

NRC f/c PU IC NMSS r/f SFPO r/f EZiegler FC stello, R-l WKane SShankmen r:\tsisqa\ letters \tli.wpd OFC SFPO[ 6 SFPO C SFPO NAME Mat a:Je N EZiegler PEng DATE 12/h./98 122 3'98 12/ /98 C = COVE @ E = COVER & ENCLOSURE N = NO COPY 1