justicedao/ipfs_state_laws huggingface dataset:
333-118-0053 General Regulatory Provisions: Exemption from Classification as Fissile Material Fissile material meeting the requirements of at least one section of this rule are exempt from classification as fissile material and from the fissile material package standards of 10 CFR Parts 71.55 and 71.59, but are subject to all other requirements of this rule, except as noted. (1) Individual package containing two 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 must not be included in determining the required mass for solid nonfissile material. (3) Low concentrations of solid fissile material commingled with solid nonfissile material, provided that: (a) There is at least 2000 grams of solid nonfissile material for every gram of fissile material; and (b) There is no more than 180 grams of fissile material distributed within 360 kg of contiguous nonfissile material. (4) Lead, beryllium, graphite, and hydrogenous material enriched in deuterium may be present in the package but must not be included in determining the required mass of solid nonfissile material. (5) 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 the fissile material is distributed homogeneously and does not form a lattice arrangement within the package. (6) 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 two. The material must be contained in at least a DOT Type A package. (7) 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. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 12-2017, amend filed 10/25/2017, effective 10/25/2017 PH 4-2010, f. & cert. ef. 2-16-10
333-118-0060 General Licenses for Carriers (1) A general license is hereby issued to any common or contract carrier not exempt under OAR 333-118-0040 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 in accordance with the applicable requirements, appropriate to the mode of transport, of the U.S. Department of Transportation, insofar as such requirements relate to the loading and storage of packages, placarding of the transporting vehicle, and incident reporting. NOTE: Notification of an incident shall be filed with, or made to, the Authority as prescribed in 49 CFR, regardless of and in addition to the notification made to the U.S. Department of Transportation or other agencies. (2) A general license is hereby issued to any private carrier to transport radioactive material, provided the transportation is in accordance with the applicable requirements, appropriate to the mode of transport, of the U.S. Department of Transportation, insofar as such requirements relate to the loading and storage of packages, placarding of the transporting vehicle, and incident reporting. (3) Persons who transport radioactive material pursuant to the general licenses in sections (1) or (2) of this rule are exempt from the requirements of divisions 111 and 120 of these rules to the extent that they transport radioactive material. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 1-1995, f. & cert. ef. 4-26-95 HD 1-1991, f. & cert. ef. 1-8-91
333-118-0070 General License: Nuclear Regulatory Commission-Approved Packages (1) A general license is hereby issued to any licensee of the Authority to transport, or to deliver to a carrier for transport, licensed material in a package for which a license, Certificate of Compliance (CoC), or other approval has been issued by the U.S. Nuclear Regulatory Commission. (2) This general license applies only to a licensee who has a quality assurance program approved by the Authority as satisfying the provisions of 10 CFR Part 71, subpart H and any applicable requirements in OAR 333-118-0200. (3) Each licensee issued a general license under section (1) of this rule shall: (a) Maintain a copy of the Certificate of Compliance, or other approval of the package, and 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; (b) Comply with the terms and conditions of the license, certificate, or other approval, as applicable, and the applicable requirements of 10 CFR Parts 71, subparts A, G, and H; and (c) Submit in writing before the first use of the package to: ATTN: Document Control Desk, Director, Division of Fuel Management, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001, using an appropriate method listed in 10 CFR Parts 71.1(a), the licensee's name and license number and the package identification number specified in the package approval. (4) This general license applies only when the package approval authorizes use of the package under this general license. (5) For a Type B or fissile material package, the design of which was approved by the U.S. Nuclear Regulatory Commission before April 1, 1996, the general license is subject to the additional restrictions of 10 CFR Parts 71.19. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 3-2023, amend filed 01/17/2023, effective 01/18/2023 PH 16-2019, amend filed 09/19/2019, effective 09/19/2019 PH 234-2018, amend filed 08/02/2018, effective 08/16/2018 PH 12-2017, amend filed 10/25/2017, effective 10/25/2017 PH 4-2010, f. & cert. ef. 2-16-10 PH 14-2008, f. & cert. ef. 9-15-08 PH 4-2007, f. & cert. ef. 3-1-07 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 1-1991, f. & cert. ef. 1-8-91
333-118-0090 General License: U.S. Department of Transportation Specification Container (1) A general license is issued to any licensee of the Authority to transport, or to deliver to a carrier for transport, licensed material in a specification container containing a fissile material or a Type B quantity of radioactive material as specified in 49 CFR Parts 173 and 178. (2) This general license applies only to a licensee who has a quality assurance program required by OAR 333-118-0200 and approved by the Authority. (a) Has a copy of the specification; (b) Complies with the terms and conditions of the specification and the applicable requirements of division 118; and (c) Has a quality assurance program required by OAR 333-118-0200. (3) The general license in this rule 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. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 1-1991, f. & cert. ef. 1-8-91
333-118-0100 General License: Use of Foreign Approved Package (1) A general license is issued to any licensee of the Authority 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 which has been revalidated by the U.S. Department of Transportation as meeting the applicable requirements of 49 CFR Part 171.23. (2) Except as otherwise provided in this division, the general license applies only to a licensee who has a quality assurance program approved by the Authority as satisfying the applicable provisions of 10 CFR Part 71, subpart H. (3) This general license applies only to shipments made to or from locations outside of the United States. (4) Each licensee issued a general license under section (1) of this rule shall: (a) 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 (b) Comply with the terms and conditions of the certificate and revalidation, and with the applicable requirements of 10 CFR Part 71, subparts A, G, and H. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 12-2017, amend filed 10/25/2017, effective 10/25/2017 PH 4-2007, f. & cert. ef. 3-1-07 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 1-1991, f. & cert. ef. 1-8-91
333-118-0110 General License: Fissile Material A general license is issued to any licensee of the Authority to transport fissile material, or to deliver fissile material to a carrier for transport, if the material is shipped in accordance with 10 CFR Part 71.22. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2010, f. & cert. ef. 2-16-10 PH 14-2008, f. & cert. ef. 9-15-08 PH 4-2007, f. & cert. ef. 3-1-07 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 1-1991, f. & cert. ef. 1-8-91
333-118-0120 General License: Plutonium Beryllium Special Form Material A general license is issued to any licensee of the Authority 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 in accordance with 10 CFR Part 71.23. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2010, f. & cert. ef. 2-16-10 PH 4-2007, f. & cert. ef. 3-1-07 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 1-1995, f. & cert. ef. 4-26-95 HD 1-1991, f. & cert. ef. 1-8-91
333-118-0125 External Radiation Standards for All Packages Each package of radioactive materials offered for transportation must be designed and prepared for shipment so that under conditions normally incident to transportation the radiation level does not exceed 2 mSv/h (200 mrem/h) at any point on the external surface of the package, and the transport index does not exceed 10. A package that exceeds the radiation level must be transported by exclusive use shipment only, and the radiation levels for such shipment must be in accordance with 10 CFR Part 71.47. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 – 453.807 History: PH 4-2010, f. & cert. ef. 2-16-10
333-118-0130 Operating Controls and Procedures: Fissile Material: Assumptions as to Unknown Properties of Fissile Material When the isotopic abundance, mass, concentration, degree of irradiation, degree of moderation, or other pertinent property of fissile material in any package is not known, the licensee shall package the fissile material as if the unknown properties had credible values that would cause the maximum neutron multiplication. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 1-1991, f. & cert. ef. 1-8-91
333-118-0140 Operating Controls and Procedures: Preliminary Determinations The licensee shall ascertain that the determinations in 10 CFR Part 71.85 sections (a) through (c) have been made. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 12-2017, amend filed 10/25/2017, effective 10/25/2017 PH 4-2010, f. & cert. ef. 2-16-10 PH 4-2007, f. & cert. ef. 3-1-07 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 1-1991, f. & cert. ef. 1-8-91
333-118-0150 Operating Controls and Procedures: Routine Determinations Prior to each shipment of licensed material, the licensee shall ensure that the package with its contents satisfies the applicable requirements of this division and of the license. The licensee shall determine that: (1) The package is proper for the contents to be shipped. (2) The package is in unimpaired physical condition except superficial defects such as marks or dents. (3) Each closure device of the packaging, including any required gasket, is properly installed and secured and free of defects. (4) Any system for containing liquid is adequately sealed and has adequate space or other specified provision for expansion of the liquid. (5) Any pressure relief device is operable and set in accordance with written procedures. (6) The package has been loaded and closed in accordance with written procedures. (7) Any structural part of the package which could be used to lift or tie down the package during transport is rendered inoperable for that purpose unless it satisfies design requirements specified in 10 CFR 71.45. (8) For fissile material, any moderator or neutron absorber, if required, is present and in proper condition. (9) The level of non-fixed (removable) radioactive contamination on the external surfaces of each package offered for shipment is as low as reasonably achievable and within the limits specified in Department of Transportation regulations outlined in 49 CFR Part 173.443. (a) External radiation levels around the package and around the vehicle, if applicable, cannot exceed the limits specified in 10 CFR Part 71.47 at anytime during transportation; and (b) Accessible package surface temperatures cannot exceed the limits specified in 10 CFR Part 71.43(g) at any time during transportation. (10) External radiation levels around the package and around the vehicle, if applicable, cannot exceed the limit specified in 10 CFR Part 71.45 at any time during transport. (11) Accessible package surfaces temperatures cannot exceed the limits specified in 10 CFR Part 71.43. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2013, f. & cert. ef. 1-29-13 PH 4-2010, f. & cert. ef. 2-16-10 PH 14-2008, f. & cert. ef. 9-15-08 PH 4-2007, f. & cert. ef. 3-1-07 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 1-1991, f. & cert. ef. 1-8-91
333-118-0160 Operating Controls and Procedures: Air Transport of Plutonium (1) Notwithstanding the provisions of any general licenses and notwithstanding any exemptions stated directly in this division or included indirectly by citation of the U.S. Department of Transportation regulations 49 CFR Chapter I, as may be applicable, the licensee shall assure that plutonium in any form is not transported by air, or delivered to a carrier for air transport, unless: (a) The plutonium is contained in a medical device designed for individual human application; (b) The plutonium is contained in a material in which the specific activity is less than or equal to the activity concentration values for plutonium specified in 10 CFR Part 71, Appendix A, Table A-2 and in which the radioactivity is essentially uniformly distributed; (c) The plutonium is shipped in a single package containing no more than an A2 quantity of plutonium in any isotope or form and is shipped in accordance with OAR 333-118-0050 and 10 CFR Part 71.5; or (d) The plutonium is shipped in a package specifically authorized for the shipment of plutonium by air in the Certificate of Compliance for that package issued by the Nuclear Regulatory Commission Part. (2) Nothing in OAR 333-118-0160(1)(a) is to be interpreted as removing or diminishing the requirements in 10 CFR Part 73.24. (3) For a shipment of plutonium by air, which is subject to OAR 333-118-0160(1)(d), the licensee shall, through special arrangement with the carrier, require compliance with 49 CFR 175.704, U.S. Department of Transportation regulations applicable to the air transport of plutonium. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2010, f. & cert. ef. 2-16-10 PH 4-2007, f. & cert. ef. 3-1-07 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 1-1991, f. & cert. ef. 1-8-91
333-118-0162 Operating Controls and Procedures: Opening Instructions Before delivery of a package to a carrier for transport, the licensee shall ensure that any special instructions needed to safely open the package have been sent to, or otherwise made available to, the consignee for the consignee's use in accordance with 10 CFR 20.1906(e). Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2010, f. & cert. ef. 2-16-10
333-118-0170 Operating Controls and Procedures: Shipment Records (1) Each licensee shall maintain for a period of three years after shipment, or until inspected by the Authority, a record of each shipment of licensed material not exempt under OAR 333-118-0052, showing, where applicable: (a) Identification of the packaging by model and serial number; (b) Verification that the packaging, as shipped, had no significant defects; (c) Volume and identification of coolant; (d) Type and quantity of licensed material in each package, and the total quantity of each shipment; (e) For each item of irradiated fissile material: (A) Identification by model number and serial number; (B) Irradiation and decay history to the extent appropriate to demonstrate that its nuclear and thermal characteristics comply with license conditions; and (C) Any abnormal or unusual condition relevant to radiation safety; (f) Date of the shipment; (g) For fissile packages and for Type B packages, any special controls exercised; (h) Name and address of the transferee; (i) Address to which the shipment was made; and (j) Results of the determinations required by OAR 333-118-0150 and by the conditions of the package approval. (2) The licensee shall make available to the Authority for inspection, upon reasonable notice, all records required within this rule. Records are only valid if stamped, initialed, or signed and dated by authorized personnel, or otherwise authenticated. (3) The licensee shall maintain sufficient written records to furnish evidence of the quality of packaging. The records to be maintained include results of the determinations required by OAR 333-118-0140; design, fabrication, and assembly records; results of reviews, inspections, tests, and audits; results of monitoring work performance and materials analyses; and results of maintenance, modification, and repair activities. Inspection, test, and audit records must identify the inspector or data recorder, the type of observation, the results, the acceptability, and the action taken in connection with any deficiencies noted. These records must be retained for three years after the life of the packaging to which they apply. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 12-2017, amend filed 10/25/2017, effective 10/25/2017 PH 4-2007, f. & cert. ef. 3-1-07 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 1-1991, f. & cert. ef. 1-8-91
333-118-0180 Operating Controls and Procedures: Reports The licensee shall report to the Authority within 30 days: (1) Any instance in which there is significant reduction in the effectiveness of any approved Type B or fissile packaging during use; and (2) Details of any defects with safety significance in the Type B or fissile packaging after first use, with the means employed to repair the defects and prevent their recurrence or (3) Instances in which the conditions of approval in the certificate of compliance were not observed in making a shipment. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 1-1991, f. & cert. ef. 1-8-91
333-118-0190 Operating Controls and Procedures: Advance Notification of Transport of Nuclear Waste Nuclear waste transports shall be transported as specified in 10 CFR Part 71.97. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 19-2015, f. 9-30-15, cert. ef. 10-1-15 PH 24-2014, f. & cert. ef. 8-15-14 PH 4-2010, f. & cert. ef. 2-16-10 PH 4-2007, f. & cert. ef. 3-1-07 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 1-1991, f. & cert. ef. 1-8-91
333-118-0200 Quality Assurance Requirements (1) This rule applies to general licensees only, and not to certificate of compliance holders (CoC) or applicants of CoC. Each licensee shall establish and maintain a Quality Assurance program specified by the Nuclear Regulatory Commission, 10 CFR, Subpart H, Parts 71.101 through 71.137. (2) Licensees shall submit their Quality Assurance program or plans for review and approval to: Attn: Radiation Protection Services, 800 NE Oregon St., Suite 640, Portland Oregon, 97232. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 12-2017, amend filed 10/25/2017, effective 10/25/2017 PH 4-2010, f. & cert. ef. 2-16-10 PH 4-2007, f. & cert. ef. 3-1-07 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 1-1991, f. & cert. ef. 1-8-91
333-118-0800 Referenced Materials (1) This division of OAR chapter 333 incorporates by reference material originally published elsewhere. Certified copies of the complete text of incorporated materials referenced are available for public inspection during regular business hours at the Radiation Protection Services Office. Copies of referenced material will be provided at cost upon request. Information regarding how the incorporated material may be obtained or examined is available from Radioactive Materials Program, Radiation Protection Services, 800 NE Oregon Street, Portland, Oregon 97232. (2) Material referenced in this division does not include amendments to or revised editions of the material published later than the effective date of the relevant section. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03