Issue Date: XX/XX/04 - 1 - 1330

NRC INSPECTION MANUAL NMSS/IMNS

MANUAL CHAPTER 1330

RESPONSE TO TRANSPORTATION ACCIDENTS

INVOLVING RADIOACTIVE MATERIALS

1330-01 PURPOSE

This Chapter serves as a means for transmitting the Commission’s Statement of Policy

concerning the NRC’s response to transportation accidents involving radioactive materials (see enclosure). In addition, it provides supplemental information and guidance

regarding the carrying out of that Policy.

1330-02 OBJECTIVES

The Commission’s Policy Statement pertains only to radioactive materials in transit. It

does not deal with packaged materials that have not yet been delivered to a carrier nor

to packaged materials that have already been delivered to the receiver.

1330-03 DEFINITIONS

1330-04 RESPONSIBILITIES AND AUTHORITIES

04.01 The Department of Transportation and the States. Transportation accidents for

which the Department of Transportation (DOT) and states have responsibility are those

that take place after delivery of radioactive materials to a carrier for transport and

before delivery of radioactive materials to a consignee, that is, if the accident occurs in

transit. This is spelled out in the Memorandum of Understanding (MOU) between DOT

and the Nuclear Regulatory Commission (NRC) dated June 8, 1979.

Under 49 CFR of the Transportation Regulations, Sections 171.15 and 171.16,

reporting of accidents to DOT and DOT’s response is limited to, "fire, breakage, spillage

or suspected radioactive contamination." While reporting accidents involving the above

to DOT is required by the carrier, responding to the scene by DOT is rarely done.

Police departments usually are the first to respond to transportation accidents and know

by the shipping papers and/or the vehicle placarding that radioactive material is

involved. If fire is involved, the police will notify fire departments. The states will also

be notified by the police. State representatives in almost all cases respond; in most

cases the consignor of the shipment also responds. The State Government is responsible for assuring control of the accident scene to protect the health and safety of the

public.
1330 - 2 - Issue Date: XX/XX/04

04.02 Role of the NRC. Because carriers are exempt from NRC regulations in most

cases, there is no obligation for the NRC regional offices to respond and assist in the

aspects of radioactive materials control following transportation accidents that occur in

transit, except as provided below. However, if it is known that an accident may be a

serious health hazard to members of the general public, it is expected that the NRC will

respond and work with state representatives.

The NRC will:

a. Call the agency designated by the affected state to respond to transportation

accidents involving radioactive materials as soon as practicable to ensure that

the agency has been informed of the incident.

b. Offer NRC technical assistance in the form of information, advice, and evaluations to the state at the time the initial notification is made to the appropriate

state agency.

c. Assure awareness of the incident by Department of Energy (DOE) and other

affected agencies specifically designated by Federal Emergency Management

Agency (FEMA).

d. Maintain awareness of the situation until normal conditions are restored at the

scene of the accident.

e. Provide information on packaging characteristics in response to any query

regarding NRC-approved packages.

f. Respond to requests for information on NRC activities in connection with the

event. Request for specific information on an accident normally will be referred

to the appropriate state agency, or to the DOE if the situation relates to DOE

activities.

g. If the shipper is an NRC licensee, ensure that the shipper provides complete

and accurate information concerning the radioactive materials and details of the

shipment to emergency response personnel.

h. In accordance with the NRC-DOT MOU, act as the lead agency for investigating

all accidents, incidents, and instances of actual or suspected leakage involving

packages of radioactive materials regulated by the NRC. Any NRC personnel

at the scene of a transportation accident will notify the on-scene coordinator of

his or her presence and make clear that, unless NRC assistance is requested

by the on-scene coordinator, NRC activities will be primarily limited to information collection.

i. Provide recommendations to emergency response personnel on radiological

issues, if NRC assistance should be requested by the on-scene coordinator

and/or if a need is recognized by NRC personnel.

1330-05 GENERAL REQUIREMENTS

05-01 Emergency Preparedness Procedures NRC Headquarters and regional offices

should modify their emergency preparedness procedures to include the establishment

of Commission policy in the area of transportation accidents.
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1330-06 SPECIAL INSTRUCTIONS

In accordance with established practice and procedure, the regional office will conduct

a special inspection of the incident when this is judged necessary in order to obtain the

facts concerning (1) a possible significant violation of NRC requirements or (2) a

situation that indicates the possible need to revise an NRC regulatory requirement. 

Such a special inspection is equivalent to the word "investigation" in the DOT-NRC

MOU. (The Office of Investigation alone uses the term "investigations.")

END

Enclosure
Issue Date: 10/06/04 E-1 1330 Enclosure

GENERAL STATEMENT OF POLICY

NRC RESPONSE TO ACCIDENTS OCCURRING DURING

TRANSPORTATION OF RADIOACTIVE MATERIAL

In any accident or incident occurring in connection with the transportation of radioactive

material in which a report is required to be sent to the National Response Center by

DOT regulations in 49 CFR 171.15, NRC radiation safety assessment actions will

consist of the following.

 Call the agency designated by the affected State to respond to transportation

accidents involving radioactive materials as soon as practicable to ensure that

agency has been informed of the incident. (The State government is responsible for assuming control of the accident scene to protect the health and safety

of the public.)

 Offer NRC technical assistance in the form of information, advice, and evaluations to the State at the time the initial notification is made to the appropriate

State agency.

 Assure awareness of the incident by the DOE and other affected agencies,

including any agencies specifically designated by the Federal Emergency

Management Agency.

 Maintain awareness of the situation until normal conditions are restored at the

scene of the accident.

 Provide information on packaging characteristics in response to any query

regarding NRC approved packages.

 Respond to requests for information on NRC activities in connection with the

event. Requests for specific information on an accident normally will be

referred to the appropriate State agency, or to the DOE if the situation relates to

DOE activities.

 If the shipper is an NRC licensee, ensure that the shipper provides complete

and accurate information concerning the radioactive material and details of the

shipment to emergency response personnel.

 In accordance with the NRC-DOT Memorandum of Understanding, act as lead

agency for investigating all accidents, incidents, and instances of actual or

suspected leakage involving packages of radioactive material regulated by the

NRC. Any NRC personnel at the scene of a transportation accident will notify

the on-scene coordinator of his or her presence and make clear that, unless

NRC assistance is requested by the on-scene coordinator, NRC activities will

be primarily limited to information collection.
1330 Enclosure E-2 Issue Date: 10/06/04

 Provide recommendations to emergency response personnel on radiological

issues if NRC assistance should be requested by the on-scene coordinator or if

a need is recognized by NRC personnel.

The policy here set forth relates solely to radiological concerns. Responding to any

attempt to steal or sabotage a shipment of nuclear material is a responsibility of the

Federal Bureau of Investigation (FBI) as delineated in the NRC/FBI Memorandum of

Understanding dated April 27, 1979, and published December 20, 1979, at 44 FR

75535.

Dated at Washington, D.C., this

 (23rd) day of (March) , 1984.

For the Nuclear Regulatory Commission.

 (Original signed by Samuel J. Chilk) 

Samuel J. Chilk,

 Secretary of the Commission.