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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 289RADIATION CONTROL
SUBCHAPTER FLICENSE REGULATIONS
RULE §289.257Packaging and Transportation of Radioactive Material

    (A) A general license is issued to any licensee of the agency to transport, or to deliver to a carrier for transport, radioactive material in a package for which a license, certificate of compliance (CoC), or other approval has been issued by the NRC.

    (B) This general license applies only to a licensee who has a quality assurance program approved by the NRC as satisfying the provisions of Title 10, CFR, Part 71, Subpart H.

    (C) This general license applies only to a licensee who meets the following requirements:

      (i) has a copy of the CoC or other approval by the NRC of the package, and has the drawings and other documents referenced in the approval relating to the use and maintenance of the packaging and to the actions to be taken before shipment; and

      (ii) complies with the terms and conditions of the specific license, certificate, or other approval by the NRC, as applicable, and the applicable requirements of Title 10, CFR, Part 71, Subparts A, G, and H; and

      (iii) before the licensee's first use of the package, submits in writing to: ATTN: Document Control Desk, Director, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards, using an appropriate method listed in Title 10, CFR, Part 71, the licensee's name and license number and the package identification number specified in the package approval.

    (D) This general license applies only when the package approval authorizes use of the package in accordance with this general license.

    (E) For a Type B or fissile material package, the design of which was approved by NRC before April 1, 1996, the general license is subject to the additional restrictions of paragraph (2) of this subsection.

    (F) For radiography containers, a program for transport container inspection and maintenance limited to radiographic exposure devices, source changers, or packages transporting these devices and meeting the requirements of §289.255(m)(2)(B) of this title (relating to Radiation Safety Requirements and Licensing and Registration Procedures for Industrial Radiography), is deemed to satisfy the requirements of subparagraph (B) of this paragraph.

  (2) Previously approved package.

    (A) A Type B package previously approved by the NRC, but not designated as B(U), B(M), B(U)F or B(M)F in the identification number of the NRC certificate of compliance, or Type AF packages approved by the NRC prior to September 6, 1983, may be used in accordance with the general license of paragraph (1) of this subsection with the following additional conditions:

      (i) fabrication of the packaging was satisfactorily completed before August 31, 1986, as demonstrated by application of its model number in accordance with subsection (k)(3) of this section;

      (ii) a serial number that uniquely identifies each packaging which conforms to the approved design is assigned to, and legibly and durably marked on, the outside of each packaging; and

      (iii) subparagraph (A) of this paragraph expires October 1, 2008.

    (B) A Type B(U) package, a Type B(M) package, or a fissile material package, previously approved by the NRC but without the designation "-85" in the identification number of the NRC CoC, may be used in accordance with the general license of paragraph (1) of this subsection with the following additional conditions:

      (i) fabrication of the package is satisfactorily completed by April 1, 1999, as demonstrated by application of its model number in accordance with subsection (k)(3) of this section;

      (ii) a package used for a shipment to a location outside the United States is subject to multilateral approval as defined in DOT regulations Title 49, CFR §173.403; and

      (iii) a serial number which uniquely identifies each packaging which conforms to the approved design is assigned to and legibly and durably marked on the outside of each packaging.

    (C) A Type B(U) package, a Type B(M) package, or a fissile material package, previously approved by the NRC with the designation "-85" in the identification number of the NRC CoC, may be used in accordance with the general license of paragraph (1) of this subsection with the following additional conditions:

      (i) fabrication of the package shall be satisfactorily completed by December 31, 2006, as demonstrated by application of its model number in accordance with subsection (k)(3) of this section.

      (ii) after December 31, 2003, a package used for a shipment to a location outside the United States is subject to multilateral approval as defined in DOT regulations Title 49, CFR, §173.403.

  (3) DOT specification container.

    (A) A general license is issued to any licensee to transport, or to deliver to a carrier for transport, licensed material in a specification container for fissile material or for a Type B quantity of radioactive material as specified in Title 49, CFR, Parts 173 and 178.

    (B) This general license applies only to a licensee who:

      (i) has a quality assurance program required by subsections (s), (t), and (u) of this section and Title 10, CFR, Part 71, Subpart H;

      (ii) has a copy of the specification; and

      (iii) complies with the terms and conditions of the specification and the applicable requirements of this section.

    (C) The general license in subparagraph (A) of this paragraph is subject to the limitation that the specification container may not be used for a shipment to a location outside the United States except by multilateral approval as defined in Title 49, CFR, §173.403.

  (4) Use of foreign approved package.

    (A) A general license is issued to any licensee to transport, or to deliver to a carrier for transport, licensed material in a package the design of which has been approved in a foreign national competent authority certificate that has been revalidated by the DOT as meeting the applicable requirements of Title 49, CFR, §171.23.

    (B) Except as otherwise provided by this section, the general license applies only to a licensee who has a quality assurance program approved by the NRC as satisfying the applicable provisions of Title 10, CFR, Part 71.

    (C) This general license applies only to shipments made to or from locations outside the United States.

    (D) This general license applies only to a licensee who:

      (i) has a copy of the applicable certificate, the revalidation, and the drawings and other documents referenced in the certificate relating to the use and maintenance of the packaging and to the actions to be taken prior to shipment; and

      (ii) complies with the terms and conditions of the certificate and revalidation, and with the applicable requirements of Title 10, CFR, Part 71, Subparts A, G, and H.

  (5) Fissile material.

    (A) A general license is issued to any licensee to transport fissile material, or to deliver fissile material to a carrier for transport, if the material is shipped in accordance with this section. The fissile material need not be contained in a package that meets the standards of this section; however, the material shall be contained in a Type A package. The Type A package shall also meet the DOT requirements of Title 49, CFR, §173.417(a).

    (B) The general license applies only to a licensee who has a quality assurance program approved by the NRC as satisfying the provisions of Title 10, CFR, Part 71.

    (C) The general license applies only when a package's contents:

      (i) contain no more than a Type A quantity of radioactive material; and

      (ii) contain less than 500 total grams of beryllium, graphite, or hydrogeneous material enriched in deuterium.

    (D) The general license applies only to packages containing fissile material that are labeled with a CSI that:

      (i) has been determined in accordance with paragraph (E) of this subsection;

      (ii) has a value less than or equal to 10.0; and

      (iii) for a shipment of multiple packages containing fissile material, the sum of the CSIs shall be less than or equal to 50.0 (for shipment on a nonexclusive use conveyance) and less than or equal to 100.0 (for shipment on an exclusive use conveyance).

    (E) The CSI shall be as follows:

      (i) the value for the CSI shall be greater than or equal to the number calculated by the following equation:

Attached Graphic

      (ii) the calculated CSI shall be rounded up to the first decimal place;

      (iii) the values of X, Y, and Z used in the CSI equation shall be taken from Tables 257-1 or 257-2 of this clause, as appropriate;

Attached Graphic

Cont'd...

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