Re: Transportation

["Charles Meyer" <CMEYER@brc1.tdh.state.tx.us>]

Date:          Thu, 6 Feb 97 10:36:43 -0600
Reply-to:      radsafe@romulus.ehs.uiuc.edu
From:          "Mike Barringer" <mike_barringer@fernald.gov>
To:            Multiple recipients of list <radsafe@romulus.ehs.uiuc.edu>
Subject:       Transportation

     Previously there was a thread on the BB concerning transportation of 
     radioactive materials.  When a source (neutron source) is accepted by 
     a company for testing, packaging and shipping can that company accept 
     the source on its NRC license, and then assume the liability for 
     transport?  Or does the source remain on the license of the primary 
     owner until received by a new owner and not be on the shipping 
     company's license?  The CFRs address that under an NRC licensee (has 
     the) "... right to receive, acquire, own and possess..." Who has the 
     liability?
     
     Thanks in advance, 
     Mike Barringer
     mike_barringer@fernald.gov

No one on radsafe has taken this one on at the time of this writing, 
so here goes.  DOT is only concerned with the shipper and 
transporter.  NRC and agreement states issue a general license to the 
transporters, as long as, they transport in compliance with USDOT 
regulations( I am only talking about Type A packages, now).  In the 
not too distant past the DOT came out with a clarification of the 
division of responsibilities when a contract carrier " assumed 
ownership" and supposedly responsibility as the shipper at a customer 
site prior to completing the packaging.  The upshot of the 
clarification was that if the company that was transferring the 
radioactive material was in any way involved in preparation for 
shipment, it could be considered the shipper as well as the company 
contracted to take ownership and supposedly all responsibility.  So 
you may assume responsibility, but the regulatory authority may not 
see it that way.  DOT indicated that those situations would be looked 
at individually, and that the presence of a contract was not 
necessarily absolution from responsibility.  I can't speak for NRC but in Texas if you are 
licensed for a number of  specific devices, sources and or total activity
you can possess up to those quantities.
<><><><><><><><><><><><><><><><><>            
<>    Charles R. (Russ) Meyer                  <>
<> Email: cmeyer@tdh.state.tx.us           <> 
<>     Phone:(512)834-6688                       <>
<>        Fax:(512)834-6654                        <>
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