Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 157 - Radiation Protection › Subchapter XIII - Transportation › Section DHS 157.92 - General regulatory provisions

Current through June 24, 2024
(1) REQUIREMENT FOR
				  LICENSE. No person may transport radioactive material or deliver radioactive
				  material to a carrier for transport except as authorized in a general or
				  specific license issued by the department under s.
				  254.365,
				  Stats., or unless exempt under sub. (2).
(2) EXEMPTIONS.
(a) Common and contract carriers, freight
				  forwarders and warehouse workers who are subject to the requirements of 49 CFR
				  170 to 189 or the U.S. postal service regulations in the U.S. postal service
				  domestic mail manual (DMM), Section C-023.9.0, and the U.S. postal service are
				  exempt from the requirements of this section to the extent that they transport
				  or store radioactive material in the regular course of their carriage for
				  others or storage incident thereto. Common and contract carriers who are not
				  subject to the requirements of the U.S. department of transportation or U.S.
				  postal service are subject to sub. (1).
(b) A licensee is exempt from the
				  requirements of this subchapter with respect to shipment or carriage of any of
				  the following materials:
1. Naturally
				  occurring radioactive material and ores that are either in their natural state
				  or have only been processed for purposes other than the extraction of the
				  radionuclides, and that are not intended to be processed for use of these
				  radionuclides, provided the activity concentration of the material does not
				  exceed 10 times the values specified in ch. DHS 157 Appendix O, Table VII or
				  Table VIII.
2. Materials for which
				  the activity concentration is not greater than the activity concentration
				  values specified in ch. DHS 157 Appendix O, Table VII or Table VIII, or for
				  which the consignment activity is not greater than the limit for an exempt
				  consignment found in ch. DHS 157 Appendix O, Table VII or Table VIII.
3. Non-radioactive solid objects with
				  radioactive substances present on any surfaces in quantities not in excess of
				  the levels in the definition of contamination.
(c) Fissile materials meeting one of the
				  following requirements are exempt from classification as fissile material and
				  from the fissile material package standards of
				  10 CFR
				  71.55 and 10 CFR 71.59, but are subject to
				  all other requirements of 10 CFR 71, except as noted:
1. Individual package containing 2 grams or
				  less of 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 may 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
				  there is at least 2000 grams of solid nonfissile material for every gram of
				  fissile material and there is no more than 180 grams of fissile material
				  distributed within 360 kg of contiguous nonfissile material. Lead, beryllium,
				  graphite and hydrogenous material enriched in deuterium may be present in the
				  package, but may 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 present in the package is less than 5% 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 2% by mass, provided that all the
				  following conditions apply:
a. The total
				  plutonium and uranium-233 content does not exceed 0.002 percent of the total
				  mass of uranium.
b. The nitrogen to
				  uranium atomic ratio (N/U) is greater than or equal to 2.0.
c. The material is contained in at least a
				  U.S. department of transportation Type A package.
6. Plutonium with a total mass of less than
				  1000 grams, provided that: plutonium-239, plutonium-241, or any combination of
				  these radionuclides, constitutes less than 20% by mass of the total quantity of
				  plutonium in the package.
Note:
The U.S. postal service domestic mail
					 manual (DMM), Section C-023.9.0, is available at
http://pe.usps.gov/
.
(d) Any physician licensed by the
				  state of Wisconsin to dispense drugs in the practice of medicine is exempt from
				  sub. (1) with respect to transport by the physician of radioactive material for
				  use in the practice of medicine provided the physician is an authorized user
				  under subch. II of this chapter.