ML20196F880

Notice of Violation from Insp on 981102-05.Violation Noted: Several Discrepancies Were Noted on Shipping Papers as Listed

ML20196F880
Person / Time
Site:	Aerotest
Issue date:	12/02/1998
From:	NRC (Affiliation Not Assigned)
To:
Shared Package
ML20196F862	List: IR 05000228/1998201 ML20196F857 ML20196F880
References
50-228-98-201, NUDOCS 9812070149
Download: ML20196F880 (3)

Text

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f utu p  % UNITED STATES g g NUCLEAR REGULATORY COMMISSION g WASHINGTON, D.C. 20666-0001

% . . . . . /g NOTICE OF VIOLATION Aerotest Operations, Inc. Docket No. 50-228 Aerotest Radiography and Research Reactor License No. R-98 During an NRC nispection conducted on November 2-5, 1998, 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 71.5(a) requires that a licensee who delivers licensed material to a carrier for transport comply with the applicable requiremente of the regulations appropriate to the mode of transport of the Department of Transportation (DOT) in 49 CFR Parts 171-189.

49 CFR 171.2(a) prohibits any person from offering hazardous material for transportation unless, among other requirements, the hazardous materialis properly classified, described, packaged, marked, labeled, and in condition for shipment required or authorized under the Hazardous Material Regulations (49 CFR 171-177).

49 CFR 172.201(d) requires that shipping papers must contain an emergency response telephone number.

49 CFR 172.202(a)(2) requires that the hazard class or division prescribed for the material in Column 3 of the 172.101 Table be included on the shipping papers.

49 CFR 172.202(a)(5) requires that the total quantity (by net or gross mass, capacity, or as appropriate) of material being shipped, including the unit of measurement, be included on the shipping papers.

49 CFR 172.203(d)(3) requires that a description of the physical and chemical form of the material being shipped be included on the shipping papers, 49 CFR 172.203(d)(4) requires that the activity contained in each package of the shipment be listed on the shipping papers in terms of the appropriate SI units (e.g., Becquerel, Terabecqueret, etc.) or in terms or the appropriate Si units followed by the customary units (e.g., Curies, millicuries, etc.).

49 CFR 172.203(d)(5) requires that the category of label applied to each package in the shipment be listed on the shipping papers.

49 CFR 172.203(d)(7)(i) requires that the words " Fissile Excepted" be listed on the shipping papers if the package is excepted.

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! 49 CFR 172.203(d)(10) requires that, for a shipment required by the regulations to be l l consigned as exclusive use,'.he words " Exclusive Use Shipment" be listed on the shipping papers, i- 1 49 CFR 172.203(d)(11) requires that, for shipments of low specific activity, the j appropriate group notation of LSA-1,'LSA-II, or LSA-Ill be included on the shipping papers, i

1 Contrary to the above, several discrepancies were noted on the shipping papers as follows-l

1. Of the shipping papers of approximately 12 shipments made to one client (TRU-TEC) during the past two years, at least one set or more did not list:

a. an emergency response telephone number,

b. the hazard class of the material shipped,

c. the total quantity of material being shipped,

d. the chemical and physical form of the material being shipped,

e. the cctivity in SI units,

f. the category of label required to be on the shipping package, and

g. the words " Exclusive Use Shipment " for shipments that were required to be shipped as exclusive use.

2. The shipping papers of approximately 24 shipments made to a second client (McClellan AFB) during the past two years listed neither the activity in SI units nor the appropriate group designation for low specific activity shipments (e.g., LSA-1, LSA-II, or LSA-lll).

Also, the shipping papers included the words " Fissile Class I" which was not a valid designation at the time of the shipments. The material must be classified and the shipping papers must indicate that the shipment is " Fissile Excepted" or " Warning -

Fissile Material . . . "

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

Pursuant to the provisions of 10 CFR 2.201, Aerotest Operations, Inc. 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 responsible inspector, U.S. Nuclear Regulatory Commission, Region 11,61 Forsyth St. S.W., Suite 23T85, Atlanta, GA 30303, within 30 days of the date of this 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 i 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 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.

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4. l 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 l 1 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 i and a redacted copy of your response that deletes such information, if you request withholding of such material, you must 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 or information will create an unwarranted invasion of

! personal privacy or provide the information required by 10 CFR 2.790(b) to support a <

request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of i protection described in 10 CFR 73.21.

i Dated at Rockville, Maryland this t

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