ML050960474

UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS

WASHINGTON, D.C. 20555

April 7, 2005

NRC INFORMATION NOTICE 2005-10: CHANGES TO 10 CFR PART 71 PACKAGES

ADDRESSEES

All 10 CFR Part 71 licensees and certificate holders.

PURPOSE

The U.S. Nuclear Regulatory Commission (NRC) is issuing this information notice (IN) to

remind addressees of the requirement to obtain NRC approval of all changes to NRC-approved

Part 71 packages before use of the changed packages. It is expected that addressees will

review the information for applicability to their activities involving transport of licensed

radioactive materials in NRC-approved packages for type B quantities. Licensees should

consider actions, as appropriate, to ensure compliance with packaging and transport

requirements. No specific action nor written response is required.

DESCRIPTION OF CIRCUMSTANCES

The NRC staff has noted several recent instances in which Part 71 licensees have shipped or

transported licensed radioactive material in packages that do not comply with the terms and

conditions of the applicable NRC Certificates of Compliance (CoCs). Examples of the

nonconformances include: (a) substituting a fastener of length and grade different from that

specified on the approved drawing; (b) welding a handling attachment to the packaging not

shown on the approved drawing; and (c) fabricating a packaging with a component not meeting

the minimum weight specified on the approved drawing. Notices of Violation were issued where

appropriate. Additionally, a question recently arose as to whether a change to a package

design approved in a foreign national competent authority certificate is required to be

revalidated by the U.S. Department of Transportation (DOT).

DISCUSSION

Section 71.33 requires an application for package approval to include a description of a

proposed package in sufficient detail to identify the package accurately and provide a sufficient

basis for evaluation of the package, e.g., specific materials of construction, weight, dimensions,

and fabrication methods. In the NRC CoC for an approved package, a condition for use of the

package is that the packaging be fabricated in accordance with the design approved by the

Commission. 

Section 71.17 grants an NRC licensee a general license to use an NRC-approved package to

transport, or to deliver to a carrier for transport, licensed material, provided that the user meets

certain requirements. One requirement is that the user must have a copy of the CoC, or other
IN 2005-10

Page 2 of 2

approval of the package, and have the drawings and other documents referenced in the

approval relating to the use and maintenance of the packaging. The user must also comply

with the terms and conditions of the license, certificate, or other approval, as applicable.

A package used to transport licensed material must be in conformance with the drawings and

documents referenced in the applicable approval. Any change to an approved package must

be approved by NRC before use of the changed package. Use of a nonconforming package is

a violation of requirements. NRC will consider enforcement actions when and as appropriate,

consistent with the NRC Enforcement Policy.

Some foreign competent authorities may be allowing certain design modifications without

reapproval by the foreign competent authority. Since the U.S. does not allow use of packages

with nonapproved modifications, only foreign-approved packages compliant with the Safety

Analysis Report, technical data, and certificate reviewed and approved by DOT, can be used.

NRC is currently developing guidance that will clarify the level of detail in applications for

package approval that may help reduce the necessity for additional approvals (amendments). 

In general, changes to the design or operations that are not conditions of the Part 71 Certificate

of Compliance approval do not require prior NRC approval. Application details that focus on the

features and characteristics necessary for safety, but do not overly constrict construction and

use, will prevent unnecessary amendments concerning non-safety-significant features.

This IN requires no specific action nor written response. If you have any questions about the

information in this notice, please contact the technical contact listed below or the appropriate

regional office.

/RA/

E. William Brach, Director

Spent Fuel Project Office 

Office of Nuclear Material Safety

 and Safeguards

Technical Contact: Frank Jacobs, NMSS 

(301) 415-3961

E-mail: fxj2@nrc.gov

Attachment: List of Recently Issued NMSS Information Notices
Attachment 1

IN 2005-10

Page 1 of 1

Recently Issued NMSS Generic Communications

Date GC No. Subject Addressees

04/01/05 IN-05-007

Results of HEMYC

Electrical Raceway Fire

Barrier System Full Scale

Fire Testing

All holders of operating licenses

for nuclear power reactors, except

those who have permanently

ceased operations and have

certified that fuel has been

permanently removed from the

reactor vessel, and fuel facilities

licensees.

02/28/05 RIS-05-003 10 CFR Part 40

Exemptions for Uranium

Contained in Aircraft

Counterweights - Storage

and Repair

All persons possessing aircraft

counterweights containing

uranium under the exemption in

10 CFR 40.13(c)(5).

03/10/05 IN-05-005 Improving Material Control

and Accountability Interface

with Criticality Safety

Activities at Fuel Cycle

Facilities

All licensees authorized to

possess a critical mass of special

nuclear material.

02/11/05 BL-05-011 Material Control and

Accounting at Reactors and

Wet Spent Fuel Storage

Facilities

All holders of operating licenses

for nuclear power reactors,

decommissioning nuclear power

reactor sites storing spent fuel in

a pool, and wet spent fuel storage

sites. Note that this bulletin

relates to material control and

accounting (MC&A) programs and

is, therefore, being withheld from

public disclosure in accordance

with 10 CFR 2.390.

12/16/2004 RIS-04-020 NRC Regulatory Issue

Summary 2004-20:

Lessons Learned from

Review of 10 CFR Parts 71

and 72 Applications

All holders of, and applicants for,

a (1) 10 CFR Part 71 certificate of

compliance for a radioactive

material transportation package;

(2) 10 CFR Part 72 certificate of

compliance for a spent fuel

storage cask; and (3) 10 CFR

Part 72 specific license for an

independent spent fuel storage

installation (ISFSI).

Note: NRC generic communications may be found on the NRC public website,

http://www.nrc.gov, under Electronic Reading Room/Document Collections.