(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.
(5) US DEPARTMENT OF TRANSPORTATION
SPECIFICATION CONTAINER.
(a) A general license
is issued to any licensee to transport, or to deliver to a carrier for
transport, licensed material in a specification container for fissile material
or for a Type B quantity of radioactive material as specified in
49 CFR Parts
173 and
178.
(b) The general license issued in par. (a)
applies only to a licensee who meets all the following criteria:
1. Has a copy of the specification for the
container.
2. Complies with the
terms and conditions of the specification and the applicable requirements of
this subchapter.
3. Has a quality
assurance program that complies with
10 CFR
71, Subpart H.
(c) The general license issued in par. (a) 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.
(d) The general license issued in par. (a) is
subject to the limitation specified in
10 CFR
71.20(e).
(6)
(a) A
general license is issued to any licensee to transport, or to deliver to a
carrier for transport, licensed material in a package whose design has been
approved in a foreign national competent authority certificate and which has
been revalidated by the US department of transportation as meeting the
applicable requirements of 49 CFR
171.23.
(am) The general license issued in par. (a)
applies only to a licensee who has a quality assurance program approved by the
commission as satisfying the applicable provision of s. DHS 157. 94
(6).
(b) The general license in par.
(a) applies only to international shipments.
(c) The licensee issued a general license in
par. (a) shall meet the following:
1.
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 prior to
shipment.
2. Comply with the terms
and conditions of the certificate and revalidation, and with the requirements
s.
DHS 157.92 and
157.94.
(7) FISSILE MATERIAL.
(a) A general license is hereby issued to any
licensee to transport fissile material, or to deliver fissile material to a
carrier for transport, if the material is shipped under this subsection. The
fissile material need not be contained in a package which meets the standards
of subparts E and F of 10
CFR
71 ; however, the material shall be
contained in a Type A package. The Type A package shall also meet the U.S.
department of transportation requirements of
49 CFR
173.417(a).
(b) The general license applies only to a
licensee who has a quality assurance program approved by the NRC as satisfying
the provision of subpart H of
10 CFR
71.
(c) The general license applies only when a
package's contents meet all the following criteria:
1. Contains no more than a Type A quantity of
radioactive material.
2. Contain
less than 500 total grams of beryllium, graphite, or hydrogenous material
enriched in deuterium.
(d) The general license applies only to a
package containing fissile material that is labeled with a CSI and meets all
the following criteria:
1. Has been determined
in accordance with par. (e).
2. Has
a value less than or equal to 10.0.
3. For a shipment of multiple packages
containing fissile material, the sum of the CSIs shall be less than or equal to
50 for shipment on a nonexclusive use conveyance and less than or equal to 100
for shipment on an exclusive use conveyance.
(e) The value for the CSI shall be greater
than or equal to the number calculated by the following equation:
See PDF for
diagram
1. The calculated
CSI shall be rounded up to the first decimal place.
2. The values of X, Y, and Z used in the CSI
equation shall be taken from Table DHS 157.93A or Table DHS 157.93B, as
appropriate.
3. If Table DHS
157.93B is used to obtain the value of X, then the values for the terms in the
equation for uranium-233 and plutonium shall be assumed to be zero.
4. Table DHS 157.93A values for X, Y, and Z
shall be used to determine the CSI under any of the following conditions:
a. Uranium-233 is present in the
package.
b. The mass of plutonium
exceeds one percent of the mass of uranium-235.
c. The uranium is of unknown uranium-235
enrichment or greater than 24 weight percent enrichment.
d. Substances having a moderating
effectiveness (i.e., an average hydrogen density greater than H
2O) (e.g., certain hydrocarbon oils or plastics) are present in any
form, except as polyethylene used for packing or wrapping.
Table DHS 157.93A
Mass Limits for General License Packages Containing
Mixed Quantities of Fissile Material or Uranium-235 of Unknown Enrichment per
s. DHS 157.93 (7) (e).
|
Fissile Material
|
Fissile material mass mixed with moderating
substances having an average hydrogen density less than or equal to
H2O (grams)
|
Fissile material mass mixed with moderating
substances having an average hydrogen density greater than
H2Oa (grams)
|
|
235U (X)
|
60
|
38
|
|
233U (Y)
|
43
|
27
|
|
239Pu or
241Pu (Z)
|
37
|
24
|
a When mixtures of moderating
substances are present, the lower mass limits shall be used if more than 15% of
the moderating substance has an average hydrogen density greater than
H2O
Table DHS 157.93B
Mass Limits for General License Packages Containing
Uranium-235 of Known Enrichment per s. DHS 157.93 (7) (e)
|
Uranium enrichment in weight percent of
U-235 not exceeding
|
Fissile material mass of U-235 (X)
(grams)
|
|
24
|
60
|
|
20
|
63
|
|
15
|
67
|
|
11
|
72
|
|
10
|
76
|
|
9.5
|
78
|
|
9
|
81
|
|
8.5
|
82
|
|
8
|
85
|
|
7.5
|
88
|
|
7
|
90
|
|
6.5
|
93
|
|
6
|
97
|
|
5.5
|
102
|
|
5
|
108
|
|
4.5
|
114
|
|
4
|
120
|
|
3.5
|
132
|
|
3
|
150
|
|
2.5
|
180
|
|
2
|
246
|
|
1.5
|
408
|
|
1.35
|
480
|
|
1
|
1020
|
|
0.92
|
1800
|
(8) PLUTONIUM-BERYLLIUM SPECIAL FORM
MATERIAL.
(a) A general license is issued to
any licensee 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 under this subsection. This
material need not be contained in a package which meets the standards of
subparts E and F of 10 CFR
71; however, the material must be contained
in a Type A package. The Type A package must also meet the U.S. department of
transportation requirements of
49 CFR
173.417(a).
(b) The general license applies only to a
licensee who has a quality assurance program approved by the nuclear regulatory
commission as satisfying the provision of subpart H of
10 CFR
71.
(c) The general license applies when a
package's contents meets all the following criteria:
1. Contain less than a Type A quantity of
material.
2. Contain less than 1000
grams of plutonium, provided that: plutonium-239, plutonium-241, or any
combination of these radionuclides, constitutes less than 240 grams of the
total quantity of plutonium in the package.
(d) The general license applies only to
packages labeled with a CSI which meets all the following criteria:
1. Has been determined in accordance with
par. (e).
2. Has a value less than
or equal to 100.
3. For a shipment
of multiple packages containing Pu-Be sealed sources, the sum of the CSIs shall
be less than or equal to 50 for shipment on a nonexclusive use conveyance and
to less than or equal to 100 for shipment on an exclusive use
conveyance.
(e) The value
for the CSI shall be greater than or equal to the number calculated by the
following equation and the calculated CSI rounded up to the first decimal
place:
See PDF for
diagram
Notes
Wis. Admin. Code Department of Health Services
DHS 157.93
CR 01-108: cr.
Register July 2002 No. 559, eff. 8-1-02; CR 06-021: am. (4) (b) 3., 4. and (d),
r. (5), renum. (6) and (7) to be (5) and (6) and am. (5) (b) 3. and (6) (c) 2.,
cr. (5) (d), (7) and (8) Register October 2006 No. 610, eff. 11-1-06.
Amended by,
CR 16-078: cr. (4) (am), r. and recr. (4) (b), (6)
Register
January 2018 No. 745, eff.
2/1/2018
Amended by, CR 22-015: am. (4) (am),
(b) 1., 2.
Register
June 2023 No. 810, eff. 7/1/2023