California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 4 - Radiation › Group 4 - Transportation of Radioactive Material › Article 1 - Requirements for Transportation of Radioactive Material › Section 30373 - Transportation Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except
						as authorized in a general license or a specific license, or as exempted in this
						subchapter, a licensee may not deliver radioactive material to a carrier for
						transport, or transport radioactive material. Licensees authorized to receive,
						possess, use or transfer radioactive material shall, if they deliver radioactive
						material to a carrier for transport, transport radioactive material outside the site
						of usage as specified in the specific license, or transport radioactive material on
						public highways, comply with, as appropriate to the mode of transport, title 10,
						Code of Federal Regulations, part 71 (10 CFR 71) and Appendix A (as of
						January 1, 2021), which is hereby incorporated by reference with the following
						exceptions:
(1)
													10 CFR
						71, sections
						71.0 through
						71.3,
						71.6,
						71.7,
						71.9 through
						71.12,
						71.14(b),
						71.16,
						71.18,
						71.19,
						71.24,
						71.25,
						71.31 through
						71.45,
						71.51 through
						71.81,
						71.85(a)-(c),
						71.91(b),
						71.93,
						71.95,
						71.97(c)(3)(i),
						71.99,
						71.100,
						71.101(c)(2),
						(d), (e), and (f),
						71.103(c)
						through (f), and
						71.107 through
						71.131 are not incorporated by
						reference;
(2) Any references to the
						United States Nuclear Regulatory Commission or any component thereof shall be deemed
						to be a reference to the "Department" as defined in section
						30100, except for:
(A) The reference found in the definition of
						"certificate of compliance" in 10
						CFR 71.4 and any reference, within the provisions
						incorporated by reference in subsection (a), to a certificate of compliance, a
						certificate holder or applicant for a certificate of compliance; and
(B) References found in
						10 CFR
						71.5(b),
						71.17(c)(3) and
						(e),
						71.88(a)(4) and
						71.97(c),
						(c)(3)(iii) and (f);
(3) The terms "Close reflection by water,"
						"Containment system," "Maximum normal operating pressure," "Optimum interspersed
						hydrogenous moderation," "Spent nuclear fuel or spent fuel," and "State" found in
						10 CFR
						71.4 are not incorporated by reference;
(4) When the term "licensed material" is used
						within the material incorporated by this section, it shall mean any radioactive
						material including source material, special nuclear material, or byproduct material
						received, possessed, used, transferred or disposed of under a general or specific
						license issued by the NRC, or by any other Agreement State or by any state that has
						been either provisionally or finally designated as a Licensing State by the
						Conference of Radiation Control Program Directors, Inc.;
(5) Federal Department of Transportation
						regulations (49 CFR parts 107, 171 through 180, and 390 through 397) as of January
						1, 2021, referenced in 10 CFR
						71.5, are hereby incorporated by
						reference;
(6) Notwithstanding paragraph
						(1), 10 CFR
						71.85(a) through (c) is
						incorporated by reference only for the purpose of requiring the licensee, as
						specified in 10 CFR
						71.85(d), to ascertain that the
						determinations specified in 10
						CFR 71.85(a) through (c) have
						been made. This paragraph may not be construed to incorporate by reference
						10 CFR 71.85(a)
						through (c) so as to establish, imply, or
						otherwise infer any authority over or control of a certificate holder, as defined in
						10 CFR
						71.4, by the Department;
(7) Title 10, CFR section
						71.8 is substituted with section
						30105 of this subchapter; and
(8) Title 10, CFR section
						71.13 is substituted with subsection
						(c) of this section.