USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #16-0141 ([AREVA, Inc.] [Mr. Glenn Mathues])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: AREVA, Inc.

Individual Name: Mr. Glenn Mathues

Location State: MD Country: US

View the Interpretation Document

Response text:

March 03, 2017

Mr. Glenn Mathues
Licensing Engineer for Transportation
AREVA Inc.
7135 Minstrel Way, Suite 300
Columbia, MD 21045

Ref. No.: 16-0141

Dear Mr. Mathues:

This responds to your August 25, 2016 request for clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they apply to fissile material prepared for transport in accordance with the IAEA’s Regulations for the Safe Transport of Radioactive Material, SSR-6, 2012 Edition.  You note that in a final rule published January 8, 2015 [(HM-215M); 80 FR 1075], PHMSA incorporated by reference the 2012 Edition of SSR-6 with an additional requirement added in § 171.23(b)(11) that fissile material conform to the requirements of § 173.453.  Specifically, you ask if packages containing fissile material prepared in accordance with paragraph 674 of SSR-6, but not meeting any of the fissile material exception conditions in § 173.453, may be offered for shipment to or from the U.S. without a competent authority approval.
The answer to this question is no.  As stated in the HM-215M preamble [80 FR 1081], SSR-6 included “several changes to the definition of excepted fissile materials and the requirements for its transport…Under their respective statutory authorities, DOT and the Nuclear Regulatory Commission (NRC) jointly regulate the transportation of radioactive materials to, from, and within the United States. The NRC has not initiated any rulemaking activities to address changes made by the IAEA regarding the transportation of excepted fissile materials. In order to maintain uniform treatment for shippers of excepted fissile materials, PHMSA is amending §"171.23 to require that shipments of excepted fissile materials offered in accordance with the IAEA SSR-6 regulations must also conform to the requirements of §"173.453.”  
I hope this answers your inquiry.  If you need additional assistance, please contact the Standards and Rulemaking Division at (202) 366-8553.

Sincerely,

Duane A. Pfund
International Standards Coordinator
Standards and Rulemaking Division

171.23(b) (11), 173.453, 171.23

Regulation Sections

Section Subject
171.23 Requirements for specific materials and packagings transported under the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations
171.23 Requirements for specific materials and packagings transported under the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations
173.453 Fissile materials-exceptions