Section 157.93. General licenses.

 

(1)   Common or contract carrier. A general license is issued to any common or contract carrier not exempt under s. DHS 157.92 (2) to receive, possess, transport and store radioactive material in the regular course of their carriage for others or storage incident thereto, provided the transportation and storage is under the applicable requirements, appropriate to the mode of transport, of the U.S. department of transportation 49 CFR 170 to 189 relating to loading and storage of packages, placarding of the transporting vehicle and incident reporting. Notification of an incident shall be filed with the department as prescribed in 49 CFR 170 to 189 , in addition to notification made to the U.S. department of transportation or other agencies.

(2)   Private carrier. A general license is issued to any private carrier to transport radioactive material, provided the transportation is under the applicable requirements, appropriate to the mode of transport, of the U.S. department of transportation insofar as the requirements relate to the loading and storage of packages, placarding of the transporting vehicle and incident reporting. Notification of an incident shall be filed with the department as prescribed in 49 CFR 170 to 189 in addition to notification made to the U.S. department of transportation or other agencies.

(3)   Exemption. A person who transports radioactive material under the general licenses in subs. (1) or (2) is exempt from the requirements of subchs. III and X only for the purposes of transporting radioactive material.

(4)   Nuclear regulatory commission-approved packages .

(a) A general license is issued to any licensee to transport, or to deliver to a carrier for transport, licensed material in a package for which a license, certificate of compliance, or other approval has been issued by the nuclear regulatory commission.

(b) The general license issued in par. (a) applies only to a licensee who meets all the following criteria:

1. Has a copy of the specific license, certificate of compliance, or other approval by the nuclear regulatory commission 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 prior to shipment.

2. Complies with the terms and conditions of the license, certificate, or other approval by the nuclear regulatory commission, as applicable, and the applicable requirements of this subsection.

3. Prior to the licensee's first use of the package, submits in writing to the nuclear regulatory commission the licensee's name and license number and the package identification number specified in the package approval. A licensee shall submit this information in accordance with 10 CFR 71.1 (a).

4. Has a quality assurance program that complies with subpart H of 10 CFR 71 .

(c) The general license in par. (a) applies only when the package approval authorizes use of the package under this general license.

(d) For a Type B or fissile material package, the design of which was approved by the nuclear regulatory commission before April 1, 1996, the general license issued in par. (a) is subject to the additional restrictions of 10 CFR 71.19 .

(5)   US department of transportation 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 49 CFR Parts 173 and 178 .

(b) The general license issued in par. (a) applies only to a licensee who meets all the following criteria:

1. Has a copy of the specification for the container.

2. Complies with the terms and conditions of the specification and the applicable requirements of this subchapter.

3. Has a quality assurance program that complies with 10 CFR 71 , Subpart H.

(c) The general license issued in par. (a) 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 49 CFR 173.403 .

(d) The general license issued in par. (a) is subject to the limitation specified in 10 CFR 71.20 (e).

(6)   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 whose design has been approved in a foreign national competent authority certificate and which has been revalidated by the US department of transportation as meeting the applicable requirements of 49 CFR 171.12 .

(b) The general license in par. (a) applies only to international shipments.

(c) The general license in par. (a) applies only to a licensee who meet all the following criteria:

1. 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.

2. Complies with the terms and conditions of the certificate and revalidation, and with the requirements of 10 CFR 71 Subparts A, G and H.

3. Has a quality assurance program approved by the nuclear regulatory commission.

(7)   Fissile material.

(a) A general license is hereby issued to any licensee to transport fissile material, or to deliver fissile material to a carrier for transport, if the material is shipped under this subsection. The fissile material need not be contained in a package which meets the standards of subparts E and F of 10 CFR 71 ; however, the material shall be contained in a Type A package. The Type A package shall also meet the U.S. department of transportation requirements of 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 provision of subpart H of 10 CFR 71 .

(c) The general license applies only when a package's contents meet all the following criteria:

1. Contains no more than a Type A quantity of radioactive material.

2. Contain less than 500 total grams of beryllium, graphite, or hydrogenous material enriched in deuterium.

(d) The general license applies only to a package containing fissile material that is labeled with a CSI and meets all the following criteria:

1. Has been determined in accordance with par. (e) .

2. Has a value less than or equal to 10.0.

3. For a shipment of multiple packages containing fissile material, the sum of the CSIs shall be less than or equal to 50 for shipment on a nonexclusive use conveyance and less than or equal to 100 for shipment on an exclusive use conveyance.

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

- See PDF for diagram

1. The calculated CSI shall be rounded up to the first decimal place.

2. The values of X, Y, and Z used in the CSI equation shall be taken from Table DHS 157.93A or Table DHS 157.93B, as appropriate.

3. If Table DHS 157.93B is used to obtain the value of X, then the values for the terms in the equation for uranium-233 and plutonium shall be assumed to be zero.

4. Table DHS 157.93A values for X, Y, and Z shall be used to determine the CSI under any of the following conditions:

a. Uranium-233 is present in the package.

b. The mass of plutonium exceeds one percent of the mass of uranium-235.

c. The uranium is of unknown uranium-235 enrichment or greater than 24 weight percent enrichment.

d. Substances having a moderating effectiveness (i.e., an average hydrogen density greater than H 2 O) (e.g., certain hydrocarbon oils or plastics) are present in any form, except as polyethylene used for packing or wrapping. - See PDF for table

a When mixtures of moderating substances are present, the lower mass limits shall be used if more than 15% of the moderating substance has an average hydrogen density greater than H2O - See PDF for table

(8)   Plutonium-beryllium special form material.

(a) A general license is issued to any licensee to transport fissile material in the form of plutonium-beryllium (Pu-Be) special form sealed sources, or to deliver Pu-Be sealed sources to a carrier for transport, if the material is shipped under this subsection. This material need not be contained in a package which meets the standards of subparts E and F of 10 CFR 71 ; however, the material must be contained in a Type A package. The Type A package must also meet the U.S. department of transportation requirements of 49 CFR 173.417 (a).

(b) The general license applies only to a licensee who has a quality assurance program approved by the nuclear regulatory commission as satisfying the provision of subpart H of 10 CFR 71 .

(c) The general license applies when a package's contents meets all the following criteria:

1. Contain less than a Type A quantity of material.

2. Contain less than 1000 grams of plutonium, provided that: plutonium-239, plutonium-241, or any combination of these radionuclides, constitutes less than 240 grams of the total quantity of plutonium in the package.

(d) The general license applies only to packages labeled with a CSI which meets all the following criteria:

1. Has been determined in accordance with par. (e) .

2. Has a value less than or equal to 100.

3. For a shipment of multiple packages containing Pu-Be sealed sources, the sum of the CSIs shall be less than or equal to 50 for shipment on a nonexclusive use conveyance and to less than or equal to 100 for shipment on an exclusive use conveyance.

(e) The value for the CSI shall be greater than or equal to the number calculated by the following equation and the calculated CSI rounded up to the first decimal place:

- See PDF for diagram

CR 01-108 : cr. Register July 2002 No. 559 , eff. 8-1-02; CR 06-021 : am. (4) (b) 3., 4. and (d), r. (5), renum. (6) and (7) to be (5) and (6) and am. (5) (b) 3. and (6) (c) 2., cr. (5) (d), (7) and (8) Register October 2006 No. 610 , eff. 11-1-06.