Iowa Administrative Code
Agency 641 - Public Health Department
Chapter 38 - General Provisions for Radiation Machines and Radioactive Materials
Rule 641-38.3 - Exemptions From the Regulatory Requirements
Universal Citation: IA Admin Code 641-38.3
Current through Register Vol. 47, No. 6, September 18, 2024
(1) General provision. The agency may, upon application therefor or upon its own initiative, grant such exemptions or exceptions from the requirements of the rules in 641-Chapters 38 to 46 as it determines are authorized by law and will not result in undue hazard to public health and safety or property. Application for exemptions or exceptions should be made in accordance with 641-Chapter 178.
(2) Persons using by-product material under certain Department of Energy and Nuclear Regulatory Commission contracts.
a. Except to the extent
that NRC facilities or activities of the types subject to licensing pursuant to
the Energy Reorganization Act of 1974 are involved, any prime contractor of the
NRC is exempt from the license requirements of these rules and from the
regulations of these rules to the extent that such contractor, under the
contractor's prime contract with the NRC, manufactures, produces, transfers,
receives, acquires, owns, possesses, or uses by-product material for:
(1) The performance of work for a department
at the United States government-owned or government-controlled site, including
the transportation of by-product material to or from such site and the
performance of contract services during temporary interruptions of such
transportation;
(2) Research in, or
development, manufacture, storage, testing or transportation of, atomic weapons
or components thereof; or
(3) The
use or operation of nuclear reactors or other nuclear devices in a United
States government-owned vehicle or vessel.
b. In addition to the foregoing exemptions
and subject to the requirement for licensing of NRC facilities and activities
pursuant to the requirements of the Energy Reorganization Act of 1974, any
prime contractor or subcontractor of the NRC is exempt from the requirements
for a license set forth in the Act and from the regulations in these rules to
the extent that such prime contractor or subcontractor manufactures, produces,
transfers, receives, acquires, owns, possesses, or uses by-product material
under the contractor's or subcontractor's prime contract or subcontract when
the NRC determines that the exemption of the prime contractor or subcontractor
is authorized by law; and that, under the terms of the contract or subcontract,
there is adequate assurance that the work can be accomplished without undue
risk to the public health and safety.
c. Carriers. Common and contract carriers,
freight forwarders, warehousemen, and the U.S. Postal Service are exempt from
these rules to the extent that they transport or store radioactive material in
the regular course of carriage for another or of storage incident
thereto.
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