Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 157 - Radiation Protection › Subchapter XIII - Transportation › Section DHS 157.93 - General licenses

Current through June 24, 2024
(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.
(am) The general license issued in par. (a)
				  applies only to a licensee who has a quality assurance program approved by the
				  department as satisfying the provision of subpart H of
				  10 CFR
				  71.
(b) The licensee issued a general license in
				  par. (a) shall meet the following:
1.
				  Maintain a copy of the specific license, NRC-issued 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 prior to shipment.
2. Comply with the terms and conditions of
				  the license, certificate, or other approval, as applicable, and the applicable
				  requirements of ch. DHS 157 and subparts A, G, and H of
				  10 CFR
				  71.
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.