| (1) A licensee is exempt from all requirements of this
section with respect to shipment or carriage of the following low-level
materials:
(A) Natural material and ores containing naturally
occurring radionuclides that are either in their natural state, or
have only been processed for purposes other than for the extraction
of the radionuclides, and which are not intended to be processed for
use of these radionuclides, provided the activity concentration of
the material does not exceed 10 times the applicable radionuclide
activity concentration values specified in subsection (ee), (ee)(7),
and (ee)(8) of this section.
(B) Materials for which the activity concentration
is not greater than the activity concentration values specified in
subsection (ee), (ee)(7), and (ee)(8) of this section, or for which
the consignment activity is not greater than the limit for an exempt
consignment found in subsection (ee), (ee)(7), and (ee)(8) of this
section.
(C) Non-radioactive solid objects with radioactive
substances present on any surfaces in quantities not in excess of
the levels cited in the definition of contamination in subsection
(d) of this section.
(2) Common and contract carriers, freight forwarders,
warehousemen, and the United States Postal Service are exempt from
the regulations in this subchapter to the extent that they transport
or store radioactive material in the regular course of their carriage
for another or storage incident thereto.
(3) Persons who discard licensed material in accordance
with §289.202(fff) of this title are exempt from all requirements
of this section.
(g) Exemption of physicians. Any physician licensed
by a State to dispense drugs in the practice of medicine is exempt
from subsection (e) of this section with respect to transport by the
physician of licensed material for use in the practice of medicine.
However, any physician operating under this exemption shall be licensed
in accordance with §289.256 of this title or the equivalent NRC
or agreement state regulations.
(h) Exemption from classification as fissile material.
Fissile materials meeting the requirements of at least one of the
paragraphs (1) through (6) of this subsection are exempt from classification
as fissile material and from the fissile material package standards
of Title 10, CFR §71.55 and §71.59, but are subject to all
other requirements of this section, except as noted.
(1) An individual package containing 2 grams or less
fissile material.
(2) Individual or bulk packaging containing 15 grams
or less of fissile material provided the package has at least 200
grams of solid nonfissile material for every gram of fissile material.
Lead, beryllium, graphite, and hydrogenous material enriched in deuterium
may be present in the package but shall not be included in determining
the required mass for solid nonfissile material.
(3) Solid fissile material commingled with solid non-fissile
material.
(A) Low concentrations of solid fissile material commingled
with solid nonfissile material provided:
(i) that there is at least 2000 grams of solid nonfissile
material for every gram of fissile material; and
(ii) there is no more than 180 grams of fissile material
distributed within 360 kg of contiguous non-fissile material.
(B) Lead, beryllium, graphite, and hydrogenous material
enriched in deuterium may be present in the package but shall not
be included in determining the required mass of solid nonfissile material.
(4) Uranium enriched in uranium-235 to a maximum of
one percent by weight, and with total plutonium and uranium-233 content
of up to one percent of the mass of uranium-235, provided that the
mass of any beryllium, graphite, and hydrogenous material enriched
in deuterium constitutes less than five percent of the uranium mass,
and that the fissile material is distributed homogeneously and does
not form a lattice arrangement within the package.
(5) Liquid solutions of uranyl nitrate enriched in
uranium-235 to a maximum of two percent by mass, with a total plutonium
and uranium-233 content not exceeding 0.002 percent of the mass of
uranium, and with a minimum nitrogen to uranium atomic ratio (N/U)
of 2. The material shall be contained in at least a DOT Type A package.
(6) Packages containing, individually, a total plutonium
mass of not more than 1000 grams, of which not more than 20 percent
by mass may consist of plutonium-239, plutonium-241, or any combination
of these radionuclides.
(i) General license.
(1) NRC-approved package.
(A) A general license is issued to any licensee of
the department 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 Fuel Management, 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) 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 department as satisfying the applicable provisions
of subsection (s) - (u) and (w) - (bb) of this section.
(C) This general license applies only to shipments
made to or from locations outside the United States.
(D) Each licensee issued a general license under subparagraph
(A) of this paragraph shall:
(i) maintain 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 before shipment; and
(ii) comply with the terms and conditions of the certificate
and revalidation, and with the applicable requirements of §289.205(j)
and (k) of this title and subsections (a) - (e), (j) - (q), (s) -
(u) and (w) - (bb) of this section.
(3) 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
Cont'd... |
