Wisconsin Legislature: DHS 157.93(8)(b)

(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.

- See PDF for table

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

- See PDF for table

(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).

(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.

(3) Shipment and packaging records.

(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:

1. Identification of the packaging by model number and serial number.

2. Verification that the packaging, as shipped, had no significant defect.

3. Volume and identification of coolant.

4. Type and quantity of licensed material in each package and the total quantity of each shipment.

5. For each item of irradiated fissile material, the following:

a. Identification by model number and serial number.

b. Irradiation and decay history to the extent appropriate to demonstrate that its nuclear and thermal characteristics comply with license conditions.

c. Any abnormal or unusual condition relevant to radiation safety.

6. Date of the shipment.

7. For fissile package and for Type B package, any special controls exercised.

8. Name and address of the transferee.

9. Address to which the shipment was made.

10. Results of the determinations required by sub. (1) and by the conditions of the package approval.

(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.

(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.

(4) Reports. A licensee shall provide a written report to the department within 30 days of any of the following:

(a) Any instance in which there is significant reduction in the effectiveness of any packaging during use.

(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.

(c) Instances in which the conditions of approval in the certificate of compliance were not observed in making a shipment.

(5) Advance notification of transport of nuclear waste.

(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.

Note: 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).

(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.

Note: 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).

(b) Advance notification is required under any of the following conditions:

1. The nuclear waste is required to be in Type B packaging for transportation.

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.

3. The quantity of licensed material in a single package exceeds any of the following criteria:

a. Three thousand times the A1 value of the radionuclides as specified in ch. DHS 157 Appendix O, Table VI for special form radioactive material.