U.S. Nuclear Regulatory Commission

Consideration of NRC Independent Measurement Samples as "Research" Pursuant to 49 CFR 175.700 (c) and 172.204 (c) (4)

HPPOS-161 PDR-9111220147

Title: Consideration of NRC Independent Measurement

Samples as "Research" Pursuant to 49 CFR 175.700 (c) and

172.204 (c) (4)

See the memorandum from A. W. Gella to J. Buchanan dated

September 4, 1986. The memo, presented in its entirety,

expresses a DOT informal opinion that independent

measurement samples collected by NRC inspectors may be

considered as materials used in research per 49 CFR 172.204

(c) (4) and 10 CFR 175.700 (c). Therefore, these samples

may be shipped on passenger-carrying aircraft.

As agreed to in our conversation on August 27, 1986, on

that date I contacted Mr. Walt Greiner, the Hazardous

Materials Specialist of FAA Headquarters. My question to

him was whether or not the independent measurement samples

collected by NRC inspectors could legitimately be

considered as "research" pursuant to the subject

regulation, and therefore, allowable as freight to be

offered for transport aboard passenger-carrying aircraft.

After describing the sampling program and type of samples,

materials involved, etc., as well as the purpose of the

samples, he gave his opinion that the samples could be

considered as "research." I therefore recommend that this

be the case and that such a position continue to be taken

with regard to Section 05.04 (d) of MC 1232, currently

under revision and the subject DOT regulation.

Regulatory references: 49 CFR 172.204, 49 CFR 175.700

Subject codes: 12.13, 12.17, 12.18

Applicability: All