Two Recent DOT Interpretations on 49 CFR Sections 173.398 (a) (1) and 173.39 1 (c) (4)
HPPOS-165 PDR-9111220178
Title: Two Recent DOT Interpretations on 49 CFR Sections
173.398 (a) (1) and 173.391 (c) (4)
See the memorandum from A. W. Grella to G. H. Smith (and
others) dated January 29, 1981. This memo provides two
updated interpretations issued by DOT. IAEA Certificates
of Competent Authority issued by DOT are adequate to meet
49 CFR 173.398 (a) (1). Securely sealed metal cans meet
the metallic sheath requirements of 49 CFR 173.391 (c) (4).
The first interpretation was concerned with the necessary
certification of special form radioactive materials. DOT
stated that International Atomic Energy Agency (IAEA)
Certificates of Competent Authority issued by DOT for
special form materials are adequate certification to meet
the requirements of 49 CFR 173.398 (a) (1). Therefore, a
shipper may use a currently valid certificate issued by DOT
in lieu of a "complete certification and supporting safety
analysis." DOT issued certificates used in this manner
must be current and valid. Since the certificates expire
and are revised periodically, the shipper must have a
current certificate.
The second DOT interpretation dealt with metallic sheath
requirements of 49 CFR 173.391 (c) (4). The intent of this
regulation is to prevent the spreading or loss of the oxide
surface layer that forms on uranium metal. The use of
securely sealed metal cans satisfy this requirement.
Regulatory references: 49 CFR 173
Subject codes: 12.17
Applicability: All