NRC Regulations – 10 CFR Part 71

YEAR
2026
DOCUMENT TYPE
GEOGRAPHY

Document Summary

10 C.F.R. Part 71 is a binding federal regulation issued by the Nuclear Regulatory Commission (NRC). It governs the packaging and transportation of radioactive materials, including spent nuclear fuel, across the United States. It is part of Title 10 of the Code of Federal Regulations, which contains the core federal rules for nuclear energy and safety.

This regulation applies to anyone licensed by the NRC, such as utilities, contractors, or private companies, when they ship radioactive material off-site, including along public roads, railways, or other transport routes.

Part 71 has the force of law and sets strict, enforceable requirements for transporting nuclear materials:

  • It establishes packaging standards, requiring specially designed containers (such as heavily engineered casks) that must withstand severe accident conditions, including impacts, fire, and water immersion.
  • It requires NRC approval (certification) of certain package designs before they can be used.
  • It sets rules for shipment preparation, handling, and quality assurance, including testing, inspections, and documentation.
  • It imposes legal responsibilities on licensees who transport radioactive materials, including compliance with both NRC and Department of Transportation regulations.

Violations can result in enforcement actions, penalties, or license suspensions.

WHY THIS MATTERS

10 CFR Part 71 is the rule that enables large-scale nuclear waste transport. For Protect the Basin, the concern is not just whether packages meet federal safety standards, but how those shipments affect communities along the route. West Texas and southeastern New Mexico could become central corridors for this traffic, with limited local control over what passes through. The regulation highlights a key tension: federal authority over transportation versus local exposure to long-term risk.

Key Excerpts

“A package used for the shipment of radioactive material must be designed to withstand normal and accident conditions of transport.” – Page 1

“The applicant shall demonstrate that the package meets the applicable requirements of this part.” – Page 2

“Radiation levels must be maintained within prescribed limits to protect the public and workers.” – Page 3

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CITATION

U.S. Nuclear Regulatory Commission. 10 C.F.R. Part 71 – Packaging and Transportation of Radioactive Material.

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