15A NCAC 11 .0316. GENERAL LICENSES: TRANSPORTATION

(a)  Except for persons exempt from these Rules, a general license is hereby issued to any common, contract or other carrier to transport and store radioactive material in the regular course of their carriage for another or storage incident thereto; provided the transportation and storage is in accordance with the applicable requirements of the regulations appropriate to the mode of transport of the U.S. Department of Transportation in 49 CFR Part 170‑189 and the U.S. Postal Service in the Postal Service Manual, (Domestic Mail Manual), Section 124.3; insofar as, such regulations relate to the packaging of radioactive material, marking and labeling of the package, loading and storage of packages, placarding of the transportation vehicle, monitoring requirements and accident reporting.  Any common, contract or other carrier transporting nuclear waste or spent nuclear fuel under this general license shall comply with the provisions in Paragraph (c) of this Rule.  Persons who transport and store  radioactive material pursuant to the general license in this Paragraph are exempt from the requirements of Sections .1000 and .1600 of this Chapter.

(b)  Except for persons exempt from these Rules, a general license is hereby issued to any private carrier to transport radioactive material; provided, the transportation is in accordance with the applicable requirements of the regulations, appropriate to the mode of transport of the U.S. Department of Transportation in 49 CFR Part 170‑189 and the U.S. Postal Service in the Postal Service Manual, (Domestic Mail Manual), Section 124.3; insofar as, such regulations relate to the packaging, loading and storage of packages, placarding of the transportation vehicle, monitoring requirements and accident reporting.  The following exemptions and requirements shall apply to transportation of radioactive material under this general license:

(1)           Persons who transport radioactive material pursuant to the license in Paragraph (b) of this Rule are exempt from the requirements in Sections .1000 and .1600 of this Chapter to the extent that they transport radioactive material.  Any notification of incidents referred to in those requirements shall be filed with, or made to, the agency.

(2)           Physicians, as defined in Rule .0104 of this Chapter, are exempt from the requirements in Paragraph (b) of this Rule to the extent that they transport in their private vehicle radioactive material for use in the practice of medicine.

(3)           Any person who transports nuclear waste within or through this state under this general license shall comply with the provisions in Paragraph (c) of this Rule.

(c)  No carrier shall transport within or through this state any nuclear waste or spent nuclear fuel unless the shipper has notified the "governor's designee" in accordance with the requirements of 10 CFR Part 71.97 for nuclear waste and 10 CFR 73.37(f) for spent nuclear fuel.  The governor's designee and contact information is as follows:

(1)           designee:  N.C. Highway Patrol Headquarters, Operations Officer;

(2)           mailing address:  P.O. Box 27687, Raleigh, North Carolina 27611‑7687;

(3)           telephone 919/733‑4030 from 8 a.m. to 5 p.m. workdays and 919/733‑3861 all other times.

(d)  As used in Paragraphs (a) through (c) of this Rule:

(1)           "Shipment" means any single vehicle carrying one or more containers of nuclear waste.

(2)           "Nuclear Waste" means:

(A)          any quantity of radioactive material required by 10 CFR Part 71 to be in Type B packaging or subject to advance notification requirements of 10 CFR §§ 71.97 while transported within or through this state to a disposal site, or to a collection point for transport to a disposal site; or

(B)          any quantity of irradiated fuel required by 10 CFR Part 71 to be in Type B packaging while transported within or through this state irrespective of destination if the quantity of irradiated fuel is less than that subject to advance notification requirements of 10 CFR Part 73.

(3)           "Spent Nuclear Fuel" means a quantity of irradiated reactor fuel in excess of 100 grams in net weight of irradiated fuel exclusive of cladding or other structural or packaging material which has a total external radiation dose rate in excess of 100 rems per hour at a distance of three feet from any accessible surface without intervening shielding.

 

History Note:        Authority G.S. 20‑167.1; 104E‑7; 104E‑10(b); 104E‑15(a); 150B‑21.6;

Eff. February 1, 1980;

Amended Eff. January 1, 1994; May 1, 1992; October 1, 1982.