(a) Purpose.
(1) This section establishes requirements for packaging,
preparation for shipment, and transportation of radioactive material
including radioactive waste.
(2) In addition to the requirements of this section,
the packaging and transport of radioactive material are subject to
the requirements of:
(A) §289.201 of this chapter (relating to General
Provisions for Radioactive Material);
(B) §289.202 of this chapter (relating to Standards
for Protection Against Radiation from Radioactive Materials);
(C) §289.203 of this chapter (relating to Notices,
Instructions, and Reports to Workers; Inspections);
(D) §289.204 of this chapter (relating to Fees
for Certificates of Registration, Radioactive Material Licenses, Emergency
Planning and Implementation, and Other Regulatory Services);
(E) §289.205 of this chapter (relating to Hearing
and Enforcement Procedures);
(F) §289.251 of this subchapter (relating to Exemptions,
General Licenses, and General License Acknowledgements);
(G) §289.252 of this subchapter (relating to Licensing
of Radioactive Material);
(H) §289.256 of this subchapter (relating to Medical
and Veterinary Use of Radioactive Material); and
(I) the regulations of other agencies (e.g., the United
States Department of Transportation (DOT) and the United States Postal
Service) having jurisdiction over means of transport.
(b) Scope.
(1) The requirements of this section apply to any licensee
authorized by a specific or general license issued by the department
to receive, possess, use, or transfer radioactive material, if the
licensee delivers material to a carrier for transport, transports
the material outside the site of usage, as specified in the department
license, or transports material on public highways. No provision of
this section authorizes possession of radioactive material.
(2) Exemptions from the requirements for a license
in subsection (c) of this section are specified in subsection (f)
of this section. The general license in subsection (i)(2), (3), and
(4) of this section requires that a United States Nuclear Regulatory
Commission (NRC) certificate of compliance or other package approval
be issued for the package used as specified in the general license.
A licensee transporting radioactive material, or delivering radioactive
material to a carrier for transport, must comply with the operating
control requirements of subsections (l) - (q) of this section; the
quality assurance (QA) requirements of subsections (s) - (u) and (w)
- (bb) of this section; and the general provisions of subsections
(a) - (e) of this section, including DOT regulations referenced in
subsection (e) of this section.
(c) Requirement for license. Except as authorized in
a general or specific license issued by the department, or as exempted
as specified in this section, no licensee may transport radioactive
material or deliver radioactive material to a carrier for transport.
(d) Definitions. The following words and terms when
used in this section have the following meaning unless the context
clearly indicates otherwise. To ensure compatibility with international
transportation standards, all limits in this section are given in
terms of dual units: The International System of Units (SI) followed
or preceded by United States (U.S.) standard or customary units. The
U.S. customary units are not exact equivalents, but are rounded to
a convenient value, providing a functionally equivalent unit. In this
section, SI units are used.
(1) A1 --The maximum activity
of special form radioactive material permitted in a Type A package.
This value is either listed in Table 257-3 of subsection (ee)(6) of
this section, or may be derived as specified in the procedure prescribed
in subsection (ee) of this section.
(2) A2 --The maximum activity
of radioactive material, other than special form, low specific activity
(LSA), and surface contaminated object (SCO) material, permitted in
a Type A package. This value is either listed in Table 257-3 of subsection
(ee)(6) of this section, or may be derived as specified in the procedure
prescribed in subsection (ee) of this section.
(3) Carrier--A person engaged in the transportation
of passengers or property by land or water as a common, contract,
or private carrier, or by civil aircraft.
(4) Certificate holder--A person who has been issued
a certificate of compliance or other package approval by the department.
(5) Certificate of compliance (CoC)--The certificate
issued by the NRC that approves the design of a package for the transportation
of radioactive materials.
(6) Chelating agent--Amine polycarboxylic acids (e.g.,
ethylenediaminetetraacetic acid (EDTA) and diethylenetriaminepentaacetic
acid (DTPA)), hydroxy-carboxylic acids, and polycarboxylic acids (e.g.,
citric acid, carbolic acid, and glucinic acid).
(7) Chemical description--A description of the principal
chemical characteristics of low-level radioactive waste (LLRW).
(8) Consignee--The designated receiver of the shipment
of low-level radioactive waste.
(9) Consignment--Each shipment of a package or groups
of packages or load of radioactive material offered by a shipper for
transport.
(10) Containment system--The assembly of components
of the packaging intended to retain the radioactive material during
transport.
(11) Contamination--The presence of a radioactive substance
on a surface in quantities more than 0.4 becquerel per square centimeter
(Bq/cm2 ) (10-5 microcurie
per square centimeter (µCi/cm2 ))
for beta and gamma emitters and low toxicity alpha emitters, or 0.04
Bq/cm2 (10-6 µCi/cm2 ) for all other alpha emitters.
(A) Fixed contamination means contamination that cannot
be removed from a surface during normal conditions of transport.
(B) Non-fixed contamination means contamination that
can be removed from a surface during normal conditions of transport.
(12) Conveyance--For transport on:
(A) public highway or rail by transport vehicle or
large freight container;
(B) water by vessel, or any hold, compartment, or defined
deck area of a vessel including any transport vehicle on board the
vessel; and
(C) aircraft.
(13) Criticality Safety Index (CSI)--The dimensionless
number (rounded up to the next tenth) assigned to and placed on the
label of a fissile material package to designate the degree of control
of accumulation of packages, overpacks, or freight containers containing
fissile material during transportation. Determination of the criticality
safety index is described in subsection (i) of this section and 10
Code of Federal Regulations (CFR) §§71.22, 71.23, and 71.59.
The criticality safety index for an overpack, freight container, consignment,
or conveyance containing fissile material packages is the arithmetic
sum of the criticality safety indices of all the fissile material
packages contained within the overpack, freight container, consignment,
or conveyance.
(14) Decontamination facility--A facility operating
under an NRC, agreement state, or department license whose principal
purpose is decontamination of equipment or materials to accomplish
recycle, reuse, or other waste management objectives, and, for purposes
of this section, is not considered to be a consignee for LLRW shipments.
(15) Deuterium--In this section, this means deuterium
and any deuterium compound, including heavy water, in which the ratio
of deuterium atoms to hydrogen atoms is greater than 1:5000.
(16) Disposal container--A transport container principally
used to confine LLRW during disposal operations at a land disposal
facility (also see definition for high integrity container). Note
that for some shipments, the disposal container may be the transport
package.
(17) Environmental Protection Agency (EPA) identification
number--The number received by a transporter following application
to the administrator of EPA as required by 40 CFR Part 263.
(18) Exclusive use--The sole use by a single consignor
of a conveyance for which all initial, intermediate, and final loading
and unloading are carried out as specified in the direction of the
consignor or consignee. The consignor and the carrier must ensure
any loading or unloading is performed by personnel having radiological
training and resources appropriate for safe handling of the consignment.
The consignor issues specific instructions, in writing, for maintenance
of exclusive use shipment controls, and includes them with the shipping
paper information provided to the carrier by the consignor.
Cont'd... |