12 Va. Admin. Code § 5-481-2970 - Exemptions
A. Common and
contract carriers, freight forwarders, and warehouse workers that are subject
to the requirements of the United States Department of Transportation (DOT) in
49 CFR Part 170 through 49 Part CFR 189 or the United States Postal Service in
the Postal Service Domestic Mail Manual (DMM), Section C-023.9.0, and the
United States Postal Service, are exempt from the requirements of this part 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 that are not subject to the requirements of the DOT or United
States Postal Service are subject to
12VAC5-481-2960
and other applicable requirements of these regulations.
B. A licensee is exempt from all the
requirements of this part with respect to shipment or carriage of the following
low-level materials:
1. Natural material and
ores containing naturally occurring radionuclides 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 Table 2 or Table 3 of
12VAC5-481-3770.
2. Materials for which the activity
concentration is not greater than the activity concentration values specified
in Table 2 or Table 3 of
12VAC5-481-3770,
or for which the consignment activity is not greater than the limit for an
exempt consignment found in Table 2 or Table 3 of
12VAC5-481-3770.
3. Nonradioactive solid objects with
radioactive substances present on any surfaces in quantities not in excess of
the levels cited in the definition of "contamination" in
12VAC5-481-10.
C. Fissile material 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 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
there is at least 2,000 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 must not be included in determining the required mass of solid
nonfissile material.
4. Uranium
enriched in uranium-235 to a maximum of 1.0% by weight, and with total
plutonium and uranium-233 content of up to 1.0% of the mass of uranium-235,
provided that the mass of any beryllium, graphite, and hydrogenous material
enriched in deuterium constitutes less than 5.0% 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 2.0%
by mass, with a total plutonium and uranium-233 content not exceeding 0.002% of
the mass of uranium, and with a minimum nitrogen to uranium atomic ratio (N/U)
of 2. The material must be contained in at least a DOT Type A
package.
6. Packages containing,
individually, a total plutonium mass of not more than 1,000 grams, of which not
more than 20% by mass may consist of plutonium-239, plutonium-241, or any
combination of these radionuclides.
D. Any physician licensed by the Commonwealth
of Virginia to dispense drugs in the practice of medicine is exempt from this
section 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 Part VII (12VAC5-481-1660
et seq.).
Notes
Statutory Authority: § 32.1-229 of the Code of Virginia.
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