Approval Requirements for Fissile Material Shipments under IAEA Paragraph 674
Pipeline and Hazardous Materials Safety Administration · Mar 3, 2017 · Reference No. 16-0141
Interprets: 49 CFR § 171.23, 49 CFR § 171.23(b)(11), 49 CFR § 173.453
Reggie’s quick take
Someone asked whether fissile material packages prepared under paragraph 674 of the IAEA's SSR-6 rules, but not meeting any of the exception conditions in § 173.453, can ship to or from the U.S. without competent authority approval. PHMSA said no. Since a 2015 rule, § 171.23 requires that shipments of excepted fissile material made under SSR-6 also meet § 173.453. The agency said this keeps treatment uniform for shippers, and the NRC has not changed its own rules to match.
Written by AI (Claude) on Oct 22, 2026. Robots make mistakes and leave things out, so the letter below is what counts. Not legal advice.
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.
A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.