U.S. Nuclear Regulatory Commission

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