Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Physicians.
A physician licensed by a state to dispense drugs in the
practice of medicine is exempt from part 4731.0402 with respect to transport by
the physician of licensed material for use in the practice of medicine. A
physician operating under this exemption must be licensed under parts 4731.4400
to 4731.4527 or equivalent regulations of the NRC or an agreement state.
Subp. 1a.
Grounds.
On application of any interested person or on the
commissioners own initiative, the commissioner may grant any exemption from
parts 4731.0400 to 4731.0424 that the commissioner determines is authorized by
law and will not endanger life or property nor the common defense and
security.
Subp. 2.
Low-level materials.
A licensee is exempt from the requirements of parts 4731.0400
to 4731.0424 with respect to shipment or carriage of a package of the following
low-level material:
A. 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 that are not intended to be processed
for use of these radionuclides, provided the activity concentration of the
material does not exceed ten times the applicable radionuclide activity
concentration values specified in part 4731.0422, subpart 3;
B. materials for which the activity
concentration is not greater than the activity concentration values specified
in part 4731.0422, subpart 3, or for which the consignment activity is not
greater than the limit for an exempt consignment under part 4731.0422, subpart
3; and
C. Nonradioactive solid
objects with radioactive substances present on any surfaces in quantities that
do not exceed the levels cited in the definition of contamination in part
4731.0400, subpart 4, item A.
Subp.
3.
Exemption from classification as fissile material.
Fissile material meeting at least one of the requirements in
items A to F is exempt from classification as fissile material and from the
fissile material package standards of Code of Federal Regulations, title 10,
sections 71.55 and 71.59, but is subject to all other requirements of this
chapter, except as noted:
A. an
individual package containing two grams or less of fissile material;
B. 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;
C. low concentrations of solid fissile
material commingled with solid nonfissile material, provided that:
(1) there is at least 2,000 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 may not be included in determining the required mass of solid
nonfissile material; and
(2) there
is no more than 180 grams of fissile material distributed within 360 kilograms
of contiguous nonfissile material. Lead, beryllium, graphite, and hydrogenous
material enriched in deuterium may be present in the package but may not be
included in determining the required mass of solid nonfissile
material;
D. uranium
enriched in uranium-235 to a maximum of one percent by weight, and with total
plutonium and uranium-233 content of up to one percent of the mass of
uranium-235, provided that the mass of any beryllium, graphite, and hydrogenous
material enriched in deuterium constitutes less than five percent of the
uranium mass, and that the fissile material is distributed homogenously and
does not form a lattice arrangement within the package;
E. liquid solutions of uranyl nitrate
enriched in uranium-235 to a maximum of two percent by mass, with a total
plutonium and uranium-233 content not exceeding 0.002 percent 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; or
F. packages containing, individually, a total
plutonium mass of not more than 1,000 grams, of which not more than 20 percent
by mass may consist of plutonium-239, plutonium-241, or any combination of
these radionuclides.