Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 180 - CONTROL OF RADIATION
Chapter 13 - TRANSPORTATION OF RADIOACTIVE MATERIAL
Section 180-13-004 - EXEMPTIONS

Current through September 17, 2024

004.01 COMMON AND CONTRACT CARRIERS. Common and contract carriers, freight forwarders, and warehouse workers which are subject to the requirements of the DOT in 49 CFR 170 through 189 or the U.S. Postal Service in the Postal Service Domestic Mail Manual, incorporated by reference, at 39 CFR 111.1 (1997) and set out as Attachment 1 of this chapter, are exempt from the requirements of this section to the extent they transport or store radioactive material in the regular course of their carriage for others or storage incident previously mentioned. Common and contract carriers who are not subject to the requirements of the DOT or U.S. Postal Service are subject to 180 NAC 13-003 and other applicable requirements of these regulations.

004.02 PHYSICIANS. Any physician licensed by the State of Nebraska to dispense drugs in the practice of medicine is exempt from 180 NAC 13-003 with respect to transport by the physician of radioactive material for use in the practice of medicine. However, any physician operating under this exemption must be licensed under 180 NAC 7 or equivalent NRC or Agreement State regulations.

004.03 LOW-LEVEL MATERIALS. Any licensee is exempt from the requirements of 180 NAC 13 with respect to shipment or carriage of the following low-level materials:

(A) Natural material and ores containing naturally occurring radionuclides 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 10 times the values specified in Appendix 13-A, Table A-2 or Table A-3;

(B) Materials for which the activity concentration is not greater than the activity concentration values specified in Appendix 13-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 Appendix 13-A, Table A-2 or Table A-3; and

(C) 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 180 NAC 13-002.

004.04 CLASSIFICATION AS FISSILE MATERIAL. Fissile material meeting the requirements of at least one of the items of 180 NAC 13-004.04(A) through (F) are exempt from classification as fissile material and from the fissile material package standards of 10 CFR 71.55 and 71.59, but are subject to all other requirements of 180 NAC 13, except as listed below:

(A) Individual package containing 2 grams or less 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) Packages containing:
(i) 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; and

(ii) 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;

(D) 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;

(E) 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 2. The material must be contained in at least a DOT Type A package; and

(F) 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.

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