Utah Admin. Code R313-19-100 - Transportation

For purposes of Section R313-19-100, 10 CFR 71.0(c), 71.0(d)(1), 71.1(a), 71.3, 71.4, 71.13, 71.14(a), 71.15, 71.17, 71.21 through 71.23, 71.47, 71.83, 71.85 introductory paragraph, 71.85(d), 71.87 through 71.89, 71.91(a), 71.91(c), 71.91(d), 71.97, 71.101(a), 71.101(b), 71.101(c)(1), 71.101(g), 71.103(a), 71.103(b), 71.105, 71.106, 71.127, 71.129, 71.131, 71.133, 71.135, 71.137, and Appendix A to Part 71 (2020) are incorporated by reference with the following clarifications or exceptions:

(1) The exclusion of the following:

(a) In 10 CFR 71.4 the following definitions:

(i) "close reflection by water";

(ii) "licensed material";

(iii) "optimum interspersed hydrogenous moderation";

(iv) "spent nuclear fuel or spent fuel;"

(v) "special form radioactive material", since this definition exists in Section R313-12-3; and

(vi) "state."

(b) In 10 CFR 71.91(c) and 71.91(d), the phrase "certificate holder and applicant for a COC";

(c) In 10 CFR 71.101(a), the sentence "Each certificate holder and applicant for a package approval is responsible for satisfying the quality assurance requirements that apply to the design, fabrication, testing, and modification of package subject to this subpart;" and

(d) In 10 CFR 71.101(b), each instance of "certification holder, and applicant for a COC."

(2) The substitution of the following rule references:

(a) "Rule R313-36, incorporating 10 CFR 34.31(b) by reference," for 'Sec. 34.31(b) of this chapter" as found in 10 CFR 71.101(g);

(b) "Section R313-15-502 " for reference to " 10 CFR 20.1502 ";

(c) "Rule R313-14" for reference to " 10 CFR Part 2 Subpart B";

(d) "Rule R313-32, 10 CFR part 35 ," for reference to "10 CFR part 35";

(e) "Subsection R313-15-906(5) " for reference to " 10 CFR 20.1906(e) ";

(f) "Subsection R313-19-100(5) " for 'Sec.71.5";

(g)

(i) " 10 CFR 71.101(a), 71.101(b), 71.101(c)(1), 71.101(g), 71.103(a), 71.103(b), 71.105, 71.106, and 71.127 through 71.137 " for 'subpart H of this part" or for 'subpart H";

(ii) " 10 CFR 71.101(a), 71.101(b), 71.101(c)(1), 71.101(g), 71.103(a), 71.103(b), 71.105, 71.106, and 71.127 through 71.137 " for "this subpart" in 71.101(a) and 71.101(c)(1).

(h) " 10 CFR 71.0(c), 71.0(d)(1), 71.1(a), 71.3, 71.4, Subsection R313-19-100(5), Sections R313-19-1 and R313-19-5, 71.83, 71.85 introductory paragraph, 71.85(d) through 71.89, 71.91(a), 71.91(c), 71.91(d), 71.97, 71.101(a), 71.101(b), 71.101(c)(1), 71.101(g), 71.103(a), 71.103(b), 71.105, 71.106, and 71.127 through 71.137" for 'subparts A, G, and H of this part";

(i) " 10 CFR 71.47 " for 'subparts E and F of this part";

(j) " 10 CFR 71.101(a), 71.101(b), 71.101(c)(1), 71.101(g), 71.103(a), 71.103(b), 71.105, 71.106, and 71.127 through 71.137 " for 'Sec. Sec. 71.101 through 71.137." in 71.101(b) and 71.105(a);

(k) " 10 CFR 71.85(a) through (c) " for "paragraphs (a) through (c) of this section" in 71.85(d);

(l) " 10 CFR 73.24 " for "73.24 of this chapter" in 71.88(b);

(m) "71.14(a)" for "71.14" in 71.91(a);

(n) "R313-12-110 " for 'Sec. 71.1(a)" and for the NRC contact information in 71.101(c)(1) and 71.106(b); and

(o) " 10 CFR 71.111 " for 'Sec. 71.111" in 71.135.

(3) The substitution of the following terms:

(a) "Director" for:

(i) "Commission" in 10 CFR 71.0(c), 71.17(a), 71.17(b), 71.21(a), 71.21(b), 71.22(a), 71.22(b), 71.23(a), 71.23(b), 71.91(c), and 71.101(c)(1);

(b) "Director, the U.S. Nuclear Regulatory Commission, or an Agreement State" for "Commission" in 10 CFR 71.3;

(c) "Specific or general" for "NRC" in 10 CFR 71.0(c);

(d) "The Director at the address specified in SecR313-12-110 " for reference to "ATTN: Document Control Desk, Director, Spent Fuel Project Office, Office of Nuclear Material Safety and Safeguards" in 10 CFR 71.101(c)(1);

(e) "Each" for "Using an appropriate method listed in Sec. 71.1(a), each" in 10 CFR 71.101(c)(1);

(f) "The material shall be contained in a Type A package meeting the requirements of 49 CFR 173.417(a)." for "The fissile material need not be contained in a package which meets the standards of subparts E and F of this part; however, the material must be contained in a Type A package. The Type A package must also meet the DOT requirements of 49 CFR 173.417(a)." as found in 10 CFR 71.22(a) and 71.23(a);

(g) "Licensee" for "licensee, certificate holder, and applicant for a COC"; and

(h) "Licensee is" for reference to "licensee, certificate holder, and applicant for a COC are."

(4) The insertion of "NRC-issued" in 10 CFR 71.17(c)(1) immediately before "Certificate of Compliance."

(5) Transportation of licensed material

(a) Each licensee who transports licensed material outside the site of usage, as specified in the license issued by the Director, the U.S. Nuclear Regulatory Commission or an Agreement State, or where transport is on public highways, or who delivers licensed material to a carrier for transport, shall comply with the applicable requirements of the U.S. Department of Transportation regulations in 49 CFR parts 107, 171 through 180, and 390 through 397 (2014), appropriate to the mode of transport.

(i) The licensee shall particularly note DOT regulations in the following areas:

(A) Packaging-- 49 CFR part 173 : subparts A, 49 CFR 173.1 through 49 CFR 173.13, B, 49 CFR 173.21 through 49 CFR 173.40, and I, 49 CFR 173.401 through 49 CFR 173.477.

(B) Marking and labeling-- 49 CFR part 172 : subpart D, 49 CFR 172.300 through 49 CFR 172.338; and 49 CFR 172.400 through 49 CFR 172.407 and 49 CFR 172.436 through 49 CFR 172.441 of subpart E.

(C) Placarding-- 49 CFR part 172 : subpart F, 49 CFR 172.500 through 49 CFR 172.560, especially 49 CFR 172.500 through 49 CFR 172.519 and 49 CFR 172.556; and appendices B and C.

(D) Accident reporting-- 49 CFR part 171: 49 CFR 171.15 and 171.16.

(E) Shipping papers and emergency information--49 CFR part 172: subparts C, 49 CFR 172.200 through 49 CFR 172.205 and G, 49 CFR 172.600 through 49 CFR 172.606.

(F) Hazardous material employee training-- 49 CFR part 172 : subpart H, 49 CFR 172.700 through 49 CFR 172.704.

(G) Security plans--49 CFR part 172: subpart I, 49 CFR 172.800 through 49 CFR 172.804.

(H) Hazardous material shipper or carrier registration-- 49 CFR part 107 : subpart G, 49 CFR 107.600 through 49 CFR 107.606.

(ii) The licensee shall also note DOT regulations pertaining to the following modes of transportation:

(A) Rail-- 49 CFR part 174 : subparts A through D, 49 CFR 174.1 through 49 CFR 174.86, and K, 49 CFR 174.700 through 49 CFR 174.750.

(B) Air-- 49 CFR part 175.

(C) Vessel-- 49 CFR part 176 : subparts A through F, 49 CFR 176.1 through 49 CFR 176.99, and M, 49 CFR 176.700 through 49 CFR 107.720.

(D) Public Highway-- 49 CFR part 177 and parts 390 through 397 .

(b) If DOT regulations are not applicable to a shipment of licensed material, the licensee shall conform to the standards and requirements of the DOT specified in Subsection R313-19-100(5)(a) as if the shipment or transportation were subject to DOT regulations. A request for modification, waiver, or exemption from those requirements, and any notification referred to in those requirements, shall be filed with, or made to, the Director, PO Box 144850, Salt Lake City, Utah 84114-4850.

Notes

Utah Admin. Code R313-19-100

Amended by Utah State Bulletin Number 2015-5, effective 2/17/2015 Amended by Utah State Bulletin Number 2021-18, effective 9/13/2021 Amended by Utah State Bulletin Number 2022-11, effective 5/16/2022 Amended by Utah State Bulletin Number 2022-23, effective 11/14/2022