Appendix D
Legal and Regulatory Requirements for Transportation
In the course of writing this report, a number of references were examined including, but not limited to, the following, which guide both the Department of Energy’s Office of Secure Transportation (DOE-OST) and DOE’s Office of Environmental Management’s Carlsbad Field Office (DOE-CBFO) in the transportation of radioactive materials, special nuclear materials, and nuclear waste.
Authoring Organization | Legal and Regulatory Requirements |
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Federal Regulations | US Department of Transportation, Title 49 Code of Federal Regulations (CFR) Parts 40, 100 -185, 382, 383, 385, 386, 387, 390-399 |
Nuclear Regulatory Commission, Title 10 CFR Part 71 -Packaging and Transportation of Radioactive Materia! | |
Pipeline and Hazardous Materials Safety Administration 2016 Emergency Response Guidebook | |
Environmental Protection Agency, Title 40 CFR Part 263, Standards Applicable to Transporters of Hazardous Wastes | |
Memorandum of Understanding | Memorandum of Understanding between the Nuclear Regulatory Commission and the Department of Transportation that was published in the Federal Register on July 2, 1979 (44 FRN 38690) |
US Dept. of Energy Directives, Guidance, and Delegations |
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States | Compliance with state hazardous materials, oversize overweight, radioactive materials, nuclear materials, nuclear waste statutes, regulations, and rules for Alabama, Georgia, Louisiana, Mississippi, New Mexico, South Carolina, Tennessee, and Texas, and any other state through which DOE-OST transits |
References that guide OST in the transportation of special nuclear materials.
Authoring Organization | Legal and Regulatory Requirements |
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Public Law |
ATOMIC ENERGY ACT OF 1954 [As Amended Through P.L. 115-439, Enacted January 14, 2019] including
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U.S. Code | U.S. Code Title 18. CRIMES AND CRIMINAL PROCEDURE Part I. CRIMES Chapter 44. FIREARMS Section 922. Unlawful acts |
Federal Regulations | US Department of Energy, Title 10 Part 712 – Human Reliability Program including continuous monitoring, and training; 1.0 CFR 1047.7 – Use of Deadly Force |
Environmental Protection Agency, Title 40 CFR Part 263, Standards Applicable to Transporters of Hazardous Wastes | |
US Dept. of Energy Directives, Guidance, and Delegations |
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References that guide DOE-CBFO in the transportation of transuranic waste.
Authoring Organization | Legal and Regulatory Requirements |
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Public Law | PUBLIC LAW 102-579 THE WASTE ISOLATION PILOT PLANT LAND WITHDRAWAL ACT as amended by Public Law 104-201 (H.R. 3230, 104th Congress), Section 16. Transportation |
Executive Order | The provisions of Executive Order 12372 “Intergovernmental review of Federal programsâ€, of July 14, 1982, appear at 47 FR 30959, 3CFR, 1982 Comp., p. 197. |
Federal Regulations | 49 CFR Parts 173.403, 385.4, 385.4(b), 385.415(b) refer to inspection requirements according to the Commercial Vehicle Safety Alliance handbook titled * North American Standard Out-of-Service Criteria and Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR part 173.403." |
Environmental Protection Agency, Title 40 CFR Part 262, Standards Applicable to Generators of Hazardous Waste | |
Nuclear Regulatory Commission, Title 10 CFR Part 830.120 Quality Assurance Requirements | |
US NRC Directory of Certificates of Compliance for Radioactive Materials Packages; Certificates of Compliance (NUREG-0383, Volume 2, Revision 27) | |
US Dept. of Energy Directives, Guidance, and Delegations |
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Federal Transportation Plan | TRU Waste Transportation Pian, Revision 4, Effective Date: December 2016, DOE/GBFO-98-3103 |