Wisconsin Legislature: DHS 157.93(5)(c)

2. Comply with U.S. department of transportation regulations pertaining to all the following modes of transportation:

a. Rail — 49 CFR 174: Subparts A to D and K.

c. Vessel — 49 CFR 176: Subparts A to F and M.

d. Public Highway — 49 CFR 177 and 49 CFR 390 to 397.

3. Before delivery of a package to a carrier for transport, the licensee shall ensure that any special instructions needed to safely open the package have been sent to, or otherwise made available to, the consignee for the consignee’s use under s. DHS 157.29 (6) (e).

(b) If the regulations of the U.S. department of transportation are not applicable to a shipment of licensed material, a licensee shall comply with the requirements of 49 CFR 107, 171 to 180, and 390 to 397, appropriate to the mode of transport as if the shipment was subject to the regulations. A request for modification, waiver or exemption from these requirements and any notification referred to in these requirements shall be submitted in writing to the department.

Note: A request for modification, waiver or exemption shall be submitted to the department at the following address: Department of Health Services, Radiation Protection Section, P.O. Box 2659, Madison, WI 53701-2659. Certified mail may be sent to: Department of Health Services, Radiation Protection Section, 1 West Wilson St, Room 150, Madison, WI 53702-0007. Requests may be sent by facsimile to 608-267-3695.

History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02; CR 06-021: r. and recr. (2) (b) to (d) and (3) (a) 3., am. (3) (a) (intro.) and 1. b., cr. (3) (a) 1. h. Register October 2006 No. 610, eff. 11-1-06; CR 09-062: am. (2) (c) 5. (intro.), (3) (a) (intro.) and (b) Register April 2010 No. 652, eff. 5-1-10; CR 16-78: am. (2) (b) 1., 2., cr. (2) (b) 3., am. (2) (c) 4. Register January 2018 No. 745, ef. 2-1-18; correction in (2) (b) 1., 2. made under s. 35.17, Stats., Register January 2018 No. 745.

DHS 157.93 General licenses.

(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.

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.

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:

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 H2O) (e.g., certain hydrocarbon oils or plastics) are present in any form, except as polyethylene used for packing or wrapping.

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

(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.

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:

History: 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; CR 16-078: cr. (4) (am), r. and recr. (4) (b), (6) Register January 2018 No. 745, eff. 2-1-18; CR 22-015: am. (4) (am), (b) 1., 2. Register June 2023 No. 810, eff. 7-1-23.

DHS 157.94 Operating controls and procedures.

(1) Routine determinations. Prior to each shipment of licensed material, a licensee shall determine all the following:

(a) The package is proper for the contents to be shipped.

(b) The package is in unimpaired physical condition except for superficial defects such as marks or dents.

(c) Each closure device of the packaging, including any required gasket, is properly installed and secured and free of defects.

(d) Any system for containing liquid is adequately sealed and has adequate space or other specified provision for expansion of the liquid.

(e) Any pressure relief device is operable and set under written procedures established by the carrier or licensee.

(f) The package has been loaded and closed under written procedures established by the carrier or licensee.

(g) For fissile material, any moderator or neutron absorber, if required, is present and in proper condition.

(h) Any structural part of the package that may be used to lift or tie down a package during transport is rendered inoperable unless it satisfies design requirements specified by the NRC.

(i) The level of removable radioactive contamination on the external surfaces of each package offered for shipment is as low as reasonably achievable and does not exceed the levels specified in 49 CFR 173.443.

(j) External radiation levels around the package and around the vehicle do not exceed the limits specified in 49 CFR 173.441.

(k) Accessible package surface temperatures will not exceed the limits specified in 10 CFR 71.43(g) at any time during transportation.

(2) Air transport of plutonium. Notwithstanding the provisions of any general licenses and notwithstanding any exemptions stated directly in this section or included indirectly by citation of the U.S. department of transportation regulations, a licensee may not transport or deliver plutonium in any form by air, or deliver to a carrier for air transport, except under any of the following conditions:

(a) The plutonium is contained in a medical device designed for individual human application.

(b) The plutonium is contained in a material in which the specific activity is less than or equal to the activity concentration values for plutonium specified in ch. DHS 157 Appendix O, Table VII and in which the radioactivity is essentially uniformly distributed.

(c) The plutonium is shipped in a single package containing no more than an A2 quantity of plutonium in any isotope or form and is shipped as provided in s. DHS 157.92 (3).