DHS 157.93(7)(e)4.c.c. The uranium is of unknown uranium-235 enrichment or greater than 24 weight percent enrichment. DHS 157.93(7)(e)4.d.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
DHS 157.93(8)(a)(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). DHS 157.93(8)(b)(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. DHS 157.93(8)(c)(c) The general license applies when a package’s contents meets all the following criteria: DHS 157.93(8)(c)2.2. 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. DHS 157.93(8)(d)(d) The general license applies only to packages labeled with a CSI which meets all the following criteria: DHS 157.93(8)(d)3.3. 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. DHS 157.93(8)(e)(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: DHS 157.93 HistoryHistory: 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 157.94DHS 157.94 Operating controls and procedures. DHS 157.94(1)(1) Routine determinations. Prior to each shipment of licensed material, a licensee shall determine all the following: DHS 157.94(1)(b)(b) The package is in unimpaired physical condition except for superficial defects such as marks or dents. DHS 157.94(1)(c)(c) Each closure device of the packaging, including any required gasket, is properly installed and secured and free of defects. DHS 157.94(1)(d)(d) Any system for containing liquid is adequately sealed and has adequate space or other specified provision for expansion of the liquid. DHS 157.94(1)(e)(e) Any pressure relief device is operable and set under written procedures established by the carrier or licensee. DHS 157.94(1)(f)(f) The package has been loaded and closed under written procedures established by the carrier or licensee. DHS 157.94(1)(g)(g) For fissile material, any moderator or neutron absorber, if required, is present and in proper condition. DHS 157.94(1)(h)(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. DHS 157.94(1)(i)(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. DHS 157.94(2)(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: DHS 157.94(2)(a)(a) The plutonium is contained in a medical device designed for individual human application. DHS 157.94(2)(b)(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. DHS 157.94(2)(c)(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). DHS 157.94(2)(d)(d) The plutonium is shipped in a package specifically authorized in a certificate of compliance issued by the nuclear regulatory commission for the shipment of plutonium by air, and the licensee requires, through special arrangement with the carrier, compliance with 49 CFR 175.704. DHS 157.94(3)(a)(a) A licensee shall maintain for a period of 3 years after shipment, a record of each shipment of licensed material not exempt under s. DHS 157.92 (2), showing all of the following: DHS 157.94(3)(a)2.2. Verification that the packaging, as shipped, had no significant defect. DHS 157.94(3)(a)4.4. Type and quantity of licensed material in each package and the total quantity of each shipment. DHS 157.94(3)(a)5.b.b. Irradiation and decay history to the extent appropriate to demonstrate that its nuclear and thermal characteristics comply with license conditions. DHS 157.94(3)(a)7.7. For fissile package and for Type B package, any special controls exercised. DHS 157.94(3)(a)10.10. Results of the determinations required by sub. (1) and by the conditions of the package approval. DHS 157.94(3)(b)(b) A licensee, certificate holder, and an applicant for a CoC, shall make available to the department for inspection, upon reasonable notice, of all records required by this subsection. Records are only valid if stamped, initialed, or signed and dated by authorized personnel, or otherwise authenticated. DHS 157.94(3)(c)(c) A licensee, certificate holder, and an applicant for a certificate of compliance shall maintain sufficient written records to furnish evidence of the quantity of packaging. The records to be maintained include results of the determinations required by s. DHS 157.94 (8); design, fabrication, and assembly records; results of reviews, inspections, tests, and audits; results of monitoring work performance and materials analyses; and results of maintenance, modification, and repair activities. Inspection, test, and audit records must identify the inspector or data recorder, the type of observation, the results, the acceptability, and the action taken in connection with any deficiencies noted. These records must be retained for 3 years after the life of the packaging to which they apply. DHS 157.94(4)(4) Reports. A licensee shall provide a written report to the department within 30 days of any of the following: DHS 157.94(4)(a)(a) Any instance in which there is significant reduction in the effectiveness of any packaging during use. DHS 157.94(4)(b)(b) Details of any defects with safety significance in the packaging after first use, and the means employed to repair the defects and prevent their recurrence. DHS 157.94(4)(c)(c) Instances in which the conditions of approval in the certificate of compliance were not observed in making a shipment. DHS 157.94(5)(5) Advance notification of transport of nuclear waste. DHS 157.94(5)(a)(a) Prior to the transport of any nuclear waste meeting the criteria in par. (b) outside of the confines of the licensee’s facility or other place of use or storage, or prior to the delivery of any nuclear waste to a carrier for transport, within or across the boundary of the State, each licensee shall provide advance notification of the transport to the governor of a state, or governor’s designee, and to the department. DHS 157.94 NoteNote: Notification of transport of nuclear waste may be sent to: Division of Emergency Management, 2400 Wright Street, Madison, Wisconsin, 53704. Notification may also be made by telephone at: 608-242-3232; or fax at: 608-242-3247. The telephone number of the 24-hour duty officer is 1-800-943-0003. A list of the names and mailing addresses of the governors’ designees receiving advance notification of transportation of nuclear waste was published in the Federal Register on June 30, 1995 (60 FR 34306).
DHS 157.94(5)(am)(am) Prior to the transport of any nuclear waste meeting the criteria in par. (b) outside of the confines of the licensee’s facility or other place of use or storage, or prior to the delivery of any nuclear waste to a carrier for transport, within or across the boundary of the federally recognized Indian tribe’s reservation, each licensee shall provide advance notification of transport to the Indian tribal official of the participating Indian tribes or the Indian tribal official’s designee, and to the department. DHS 157.94 NoteNote: Notification of transport of nuclear waste may be sent to: Division of Emergency Management, 2400 Wright Street, Madison, Wisconsin, 53704. Notification may also be made by: telephone at 608-242-3232; or fax at 608-242-3247. The telephone number of the 24-hour duty officer is 1-800-943-0003. A list of the names and mailing addresses of the governors’ designees receiving advance notification of transportation of nuclear waste was published in the Federal Register on June 30, 1995 (60 FR 34306).
DHS 157.94(5)(b)(b) Advance notification is required under any of the following conditions: DHS 157.94(5)(b)1.1. The nuclear waste is required to be in Type B packaging for transportation. DHS 157.94(5)(b)2.2. The nuclear waste is being transported through Wisconsin en route to a disposal facility or to a collection point for transport to a disposal facility. DHS 157.94(5)(b)3.3. The quantity of licensed material in a single package exceeds any of the following criteria: DHS 157.94(5)(c)(c) Each advance notification required by par. (a) shall contain all the following information: DHS 157.94(5)(c)1.1. The name, address and telephone number of the shipper, carrier and receiver of the shipment. DHS 157.94(5)(c)3.3. The point of origin of the shipment and the 7-day period during which departure of the shipment is estimated to occur. DHS 157.94(5)(c)4.4. The 7-day period during which arrival of the shipment at state boundaries or Tribal reservation boundaries is estimated to occur. DHS 157.94(5)(c)5.5. The destination of the shipment and the 7-day period during which arrival of the shipment is estimated to occur. DHS 157.94(5)(c)6.6. A point of contact with a telephone number for current shipment information. DHS 157.94(5)(d)(d) The notification required by par. (a) shall be made in writing to the office of each appropriate governor or governor’s designee, the office of each appropriate tribal official or tribal official’s designee, and to the Director, Office of Nuclear Security and Incident Response. A notification delivered by mail shall be postmarked at least 7 days before the beginning of the 7-day period during which departure of the shipment is estimated to occur. A notification delivered by any other means than mail shall reach the office of the governor or governor’s designee, the Indian tribal official or Indian tribal official’s designee, and the department at least 4 days before the beginning of the 7-day period during which departure of the shipment is estimated to occur. A copy of the notification shall be retained by the licensee for 3 years. DHS 157.94(5)(e)(e) A licensee shall notify the governor or governor’s designee, Indian tribal official or Indian tribal official’s designee, and the department of any changes to schedule information provided under par. (a). Notification shall be by telephone to a designated responsible individual in the office of the governor or governor’s designee, Indian tribal official or Indian tribal official’s designee, and to the department. A licensee shall retain for 3 years a record of the name of the individual contacted. DHS 157.94(5)(f)(f) A licensee who cancels a nuclear waste shipment for which advance notification has been sent shall send to the governor of each State or governor’s designee previously notified, Indian tribal official or Indian tribal official’s designee previously notified, and to the department a cancellation notice identifying the advance notification that is being canceled. A copy of the notice shall be retained by the licensee for 3 years. DHS 157.94(6)(a)(a) A licensee, certificate holder, and applicant for a certificate of compliance are responsible for the quality assurance requirements as they apply to design, fabrication, testing, and modification of packaging. A licensee is responsible for the quality assurance provision which applies to its use of a packaging for the shipment of licensed material subject to this subchapter. DHS 157.94(6)(b)(b) A licensee, certificate holder, and applicant for a certificate of compliance shall establish, maintain, and execute a quality assurance program satisfying each of the applicable criteria of 10 CFR 71.101 through 71.137 and satisfying any specific provisions that are applicable to the licensee’s activities including procurement of packaging. The licensee, certificate holder, and applicant for a CoC shall execute the applicable criteria in a graded approach to an extent that is commensurate with the quality assurance requirement’s importance to safety. DHS 157.94(6)(c)(c) Before the use of any package for the shipment of licensed material subject to this subsection, a licensee shall obtain approval of its quality assurance program from the department. DHS 157.94(6)(d)(d) A licensee, certificate holder, and applicant for a certificate of compliance shall be responsible for establishing and executing the quality assurance program. A licensee, certificate holder, and applicant for a certificate of compliance may delegate to others, such as contractors, agents, or consultants, the work of establishing and executing the quality assurance program, or any part of the quality assurance program, but shall retain responsibility for the program. These activities include performing the functions associated with attaining quality objectives and the quality assurance functions. DHS 157.94(6)(e)1.1. Assuring that an appropriate quality assurance program is established and effectively executed; and DHS 157.94(6)(e)2.2. Verifying, by procedures such as checking, auditing, and inspection, that activities affecting the safety-related functions have been performed correctly. DHS 157.94(6)(f)(f) Changes to a quality assurance program shall comply with the following: DHS 157.94(6)(f)1.1. Each quality assurance program approval holder shall submit to the department a description of a proposed change to its department-approved quality assurance program that will reduce commitments in the program description as approved by the department. The quality assurance program approval holder shall not implement the change before receiving the department’s approval. The description of a proposed change to the department-approved quality assurance program must identify the change, the reason for the change, and the basis for concluding that the revised program incorporating the change continues to satisfy the applicable requirements of 10 CFR 71 subpart H. DHS 157.94(6)(f)2.2. Each quality assurance program approval holder may change a previously approved quality assurance program without the prior approval of the department, if the change does not reduce the commitments in the quality assurance program previously approved by the department. Changes to the quality assurance program that do not reduce the commitments shall be submitted to the department every 24 months. In addition to quality assurance program changes involving administrative improvements and clarifications, spelling corrections, and non-substantive changes to punctuation or editorial items, the following changes are not considered reductions in commitment:
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