ML20148M978

Ack 781019 Ltr Recommending Joint NRC-Dept of Trans Rulemaking Proc Re Highway Routing of Radioactive Matls. Form of Joint Participation W/The Dept of Trans Is Now Being Formulated as Encl Ltr Indicates

ML20148M978
Person / Time
Issue date:	11/13/1978
From:	Minogue R NRC OFFICE OF STANDARDS DEVELOPMENT
To:	Trosten L LEBOEUF, LAMB, LEIBY & MACRAE
Shared Package
ML20148M982	List: ML20148M978
References
RULE-PRM-71-6 NUDOCS 7811220255
Download: ML20148M978 (3)

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$\3 D gPAGN Mr. Leonard M. Trosten POOR 0.0 LeBoeuf, Lamb, Leiby & MacRae 1757 N Street, Northwest Washington, D. C. 20036

Dear Mr. Trosten:

Thank you for your letter to Chairman Hendrie dated October 19, 1978, reconmending that the NRC join the DUT in conducting the rulemaking' proceeding concerning highway routing of radioactive materials.

Since both NRC and DOT have statutory authority and responsibility for regulating safety in the transportation of radioactive materials, we believe it is in the public interest that the NRC participate / with DOT in considering highway routing of radioactive materials. As indicated in the enclosed letter from Mr. Gossick to Mr. Santman, we are now formulating and discussing with DOT the form of participation.

V Sincerely, hj<_f /j 7ricept Robert B. Minogue, Director Office of Standards Development .:

Enclosure:

As Stated I

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I Mr. L. D. Santman ,

Acting Director '

Materials Transportation Bureau

' Departnant of Transportation Washington, D.C. 20591 Dear (tr. Santtant Thank you for your letter to Chairman Hendrio, dated August 18,1978, trans-i mitting a copy of an advance notice of proposed rulemaking (43 FR 36492, l

i August 17,1978) on routing requirements for highway carriers of radioactive i

caterials, and inviting the Corr.aission's views and opinions on this matter.

You also expressed interest in the Comission's participation in the sub-sequent proceedings.

Both the Departent of Transportation (DOT) and the Nuclear Regulatory l Cornission (HRC) have statutory authority and responsibility for the safo i transport of radioactive materials. To avoid duplication of regulatory effort, each agency discharges its re'sponsibilities in accordance with a Memorandum of Understanding between' the agencies. The DOT regulations pertain to packaging, labelling and tarking, placarding, shipping papers and l routing. The HRC regulations pertain to packaging of certain radioactive l

j inaterials and physical security..

I The considerations we expect to be raised in your rulemaking proceeding will be related to the risks associated with the highway transport of radioactive raaterials. T11ese risks, if too high, could be reduced by routing restric-tions, by changed packaging requirenents, by safeguards, or by some co:abina-tion of these. Since our jurisdictions overlap in these areas, we are considering whether to suggest some form of joint participation by NRC with j

DOT in the rulemaking proceeding. We expect to approach the Comission with a proposal on this matter shortly. Mr. Robert M. Bernero, Assistant Director for Material Safety Stanc'ards (telephone 443-5998), will be in contact '

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with you as we proceed.

1 With respect to the substantive issues raised in your ' advance notice of proposed rulemaking, we have not yet considared all the issues nor drawn conclusions regarding the need or desirability of new Federal routing restrictions s As mentioned in your advance notice, the NRC is actively j

preparing an environnnntal impact statcaent on transportation of radioactive materials near or through large densely populated areas. The results of i

this effort could provide a significant technical input to this proceeding.

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s Mr. L. D. Santman ,, , 2 In addition, if some form of joint participation is finally decided upon, we util of course wish to examine public cennents developed in this proceed-ing and other DOT considerations before fonnulating positions.

Sincerely, mm,r.n L-. Y, coad L. V. Gossick, Executive Director for Operations A

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