DHS 157.92(3)(a)1.b.b. Marking and labeling — 49 CFR Part 172: Subpart D; and 172.400 to 172.407 and 172.436 to 172.441 of Subpart E.
DHS 157.92(3)(a)1.c.c. Placarding — 49 CFR 172: Subpart F, especially 172.500 to 172.519, 172.556 and Appendices B and C.
DHS 157.92(3)(a)1.d.d. Accident reporting — 49 CFR 171: 171.15 and 171.16.
DHS 157.92(3)(a)1.e.e. Shipping papers and emergency information — 49 CFR 172: Subpart C and Subpart G.
DHS 157.92(3)(a)1.f.f. Hazardous material employee training — 49 CFR 172: Subpart H.
DHS 157.92(3)(a)1.g.g. Hazardous material shipper/carrier registration — 49 CFR 107: Subpart G.
DHS 157.92(3)(a)1.h.h. Security Plans — 49 CFR 172: Subpart I.
DHS 157.92(3)(a)2.2. Comply with U.S. department of transportation regulations pertaining to all the following modes of transportation:
DHS 157.92(3)(a)2.a.a. Rail — 49 CFR 174: Subparts A to D and K.
DHS 157.92(3)(a)2.b.b. Air — 49 CFR 175.
DHS 157.92(3)(a)2.c.c. Vessel — 49 CFR 176: Subparts A to F and M.
DHS 157.92(3)(a)2.d.d. Public Highway — 49 CFR 177 and 49 CFR 390 to 397.
DHS 157.92(3)(a)3.3. 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).
DHS 157.92(3)(b)(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.
DHS 157.92 NoteNote: 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.
DHS 157.92 HistoryHistory: 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 157.93DHS 157.93General licenses.
DHS 157.93(1)(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.
DHS 157.93(2)(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.
DHS 157.93(3)(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.
DHS 157.93(4)(4)Nuclear regulatory commission-approved packages.
DHS 157.93(4)(a)(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.
DHS 157.93(4)(am)(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.
DHS 157.93(4)(b)(b) The licensee issued a general license in par. (a) shall meet the following:
DHS 157.93(4)(b)1.1. 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.
DHS 157.93(4)(b)2.2. 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.
DHS 157.93(4)(b)3.3. 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).
DHS 157.93(4)(b)4.4. Has a quality assurance program that complies with subpart H of 10 CFR 71.
DHS 157.93(4)(c)(c) The general license in par. (a) applies only when the package approval authorizes use of the package under this general license.