Current through Register 1531, September 27, 2024
(A) Any physician licensed by a State to
dispense drugs in the practice of medicine is exempt from
105 CMR
120.774 with respect to transport by the
physician of licensed material for use in the practice of medicine. However,
any physician operating under 105 CMR 120.775 must be licensed under 10 CFR
Part 35 or the equivalent Agreement State regulations.
(B) Common and contract carriers, freight
forwarders, and warehouse workers who are subject to the requirements of the
U.S. Department of Transportation in 49 CFR 170 through 189 or the U.S. Postal
Service in the Postal Service Manual (Domestic Mail Manual), Section 124.3
incorporated by reference, 39 CFR 111.11 (1974), and the U.S. Postal Service
are exempt from the requirements of
105 CMR
120.770 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
105 CMR
120.773 and other applicable requirements of
105 CMR 120.000.
(C) A licensee is
exempt from all requirements of
105 CMR
120.770, 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 for the extraction of the radionuclides, and which are not intended to be
processed for the use of these radionuclides, provided the activity
concentration of the material does not exceed ten times the applicable
radionuclide activity concentration values specified in 105 CMR 120.798:
Appendix A, Table A-2, or Table
A-3.
(2) Materials for
which the activity concentration is not greater than the activity concentration
values specified in 105 CMR 120.798: Appendix A, Table A-2, or
Table A-3, or for which the consignment activity is not
greater than the limit for an exempt consignment found in 105 CMR 120.798:
Appendix A, Table A-2, or Table
A-3.
(3) Non-radioactive
solid objects with radioactive substances present on any surfaces in quantities
not in excess of the levels cited in the definition of contamination in
105 CMR
120.772.
(D) Fissile materials meeting one of the
following requirements are exempt from the 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)
(a) Low concentrations of solid fissile
material commingled with solid nonfissile material, provided that:
1. There is at least 2000 grams of solid
nonfissile material for every gram of fissile material, and
2. There is no more than 180 grams of fissile
material distributed within 360 kg of contiguous nonfissile material.
(b) 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% by weight, and with total plutonium
and uranium-233 content of up to 1% of the mass of uranium-235, provided that
the mass of any beryllium, graphite, and hydrogenous material enriched in
deuterium constitutes 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,
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 two.
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 1000 grams, of which not more than 20% by
mass may consist of plutonium-239, plutonium-241, or any combination of these
radionuclides.
