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(October 1987), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:1265 (June 2000), amended by the Office of Environmental Assessment, LR 31:55 (January 2005), amended by the Office of the Secretary, Legal Affairs Division, LR 34:2103 (October 2008).

§1504.Requirements for the Transportation of Radioactive Material [Formerly Subsections C-E existed in §1502.]

A.Except as authorized in a general or specific license issued by the department, or as exempted in accordance with this Chapter, no licensee may transport radioactive material or deliver radioactive material to a carrier for transport.

B.Each licensee who transports licensed material outside the site of usage, as specified in the license, or transports licensed material on public highways, or delivers licensed material to a carrier for transport, shall comply with the applicable requirements of the U.S. DOT regulations in 49 CFR Parts 107, 171-180, and 390-397, appropriate to the mode of transport.

C.The licensee shall particularly note U.S. DOT regulations in the following areas:

1.packaging—49 CFR Part 173, Subparts A, B, and I;
2.marking and labeling—49 CFR Part 172, Subpart D, Paragraphs 172.400-172.407 and 172.436-172.441 of Subpart E;
3.placarding—49 CFR Part 172, Subpart F, in particular Paragraphs 172.500-172.519, 172.556; and Appendices B and C;
4.shipping papers and emergency information—49 CFR Part 172, Subparts C and G;
5.accident reporting—49 CFR 171.15 and 171.16;
6.hazardous material shipper/carrier registration—49 CFR Part 107, Subpart G;
7.hazardous material employee training—49 CFR Part 172, Subpart H; and
8.security plans—49 CFR Part 172, Subpart I.

D.The licensee shall also note U.S. DOT regulations pertaining to the following modes of transportation:

1.rail—49 CFR Part 174, Subparts A-D and K;
2.air—49 CFR Part 175;
3.vessel—49 CFR Part 176, Subparts A-F and M; and
4.public highway—49 CFR Part 177 and Parts 390-397.

E.If U.S. DOT regulations are not applicable to a shipment of licensed material, the licensee shall conform to the standards and requirements of the U.S. DOT specified in Subsection B of this Section to the same extent as if the shipment or transportation were subject to U.S. DOT regulations. A request for modification, waiver, or exemption from those requirements, and any notification referred to in those requirements, must be filed with and approved by the department.

AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2001 et seq.

HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Nuclear Energy Division, LR 13:569 (October 1987), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2602 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 34:2106 (October 2008).

§1505.Exemptions

A.Any physician licensed by the state of Louisiana to dispense drugs in the practice of medicine is exempt from

LAC 33:XV.1504 with respect to transport by the physician of licensed material for use in the practice of medicine. However, any physician operating under this exemption must be licensed under LAC 33:XV.Chapter 7.

B.A licensee is exempt from all the requirements of this Chapter with respect to shipment or carriage of the following low-level materials:

1.natural material and ores containing naturally occurring radionuclides that are not intended to be processed for use of these radionuclides, provided the activity concentration of the material does not exceed 10 times the values specified in Table A-2 of 10 CFR Part 71, Appendix A, incorporated by reference in LAC 33:XV.1599.A; and
2.materials for which the activity concentration is not greater than the activity concentration values specified in Table A-2 of 10 CFR Part 71, Appendix A, incorporated by reference in LAC 33:XV.1599.A, or for which the consignment activity is not greater than the limit for an exempt consignment found in Table A-2 of 10 CFR Part 71, Appendix A, incorporated by reference in LAC 33:XV.1599.A.

C.Fissile material meeting at least one of the following requirements is exempt from classification as fissile material and from the fissile material package standards of 10 CFR 71.55 and 71.59, but is subject to all other requirements of this Chapter, except as noted:

1.an individual package containing 2 grams or less of fissile material;
2.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;
3.low concentrations of solid fissile material commingled with solid nonfissile material, provided that there is at least 2000 grams of solid nonfissile material for every gram of fissile material, and there is no more than 180 grams of fissile material distributed within 360 kg of contiguous nonfissile 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 of solid nonfissile material;
4.uranium enriched in uranium-235 to a maximum of 1 percent by weight, and with total plutonium and uranium-233 content of up to 1 percent of the mass of uranium-235, provided that the mass of any beryllium, graphite, and hydrogenous material enriched in deuterium constitutes less than 5 percent of the uranium mass;
5.liquid solutions of uranyl nitrate enriched in uranium-235 to a maximum of 2 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 2. The material must be contained in at least a U.S. DOT Type A package; and
6.packages containing, individually, a total plutonium mass of not more than 1000 grams, of which not more than 20 percent by mass may consist of plutonium-239, plutonium-241, or any combination of these radionuclides.

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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