Section 30373 - Transportation Regulations(a) Except as authorized in a general license or a specific license, or as exempted in this subchapter, a licensee may not deliver radioactive material to a carrier for transport, or transport radioactive material. Licensees authorized to receive, possess, use or transfer radioactive material shall, if they deliver radioactive material to a carrier for transport, transport radioactive material outside the site of usage as specified in the specific license, or transport radioactive material on public highways, comply with, as appropriate to the mode of transport, title 10, Code of Federal Regulations, part 71 ( 10 CFR 71) and Appendix A (as of January 1, 2021), which is hereby incorporated by reference with the following exceptions: (1)10 CFR 71, sections 71.0 through 71.3, 71.6, 71.7, 71.9 through 71.12, 71.14(b), 71.16, 71.18, 71.19, 71.24, 71.25, 71.31 through 71.45, 71.51 through 71.81, 71.85(a)-(c), 71.91(b), 71.93, 71.95, 71.97(c)(3)(i), 71.99, 71.100, 71.101(c)(2), (d), (e), and (f), 71.103(c) through (f), and 71.107 through 71.131 are not incorporated by reference;(2) Any references to the United States Nuclear Regulatory Commission or any component thereof shall be deemed to be a reference to the "Department" as defined in section 30100, except for: (A) The reference found in the definition of "certificate of compliance" in 10 CFR 71.4 and any reference, within the provisions incorporated by reference in subsection (a), to a certificate of compliance, a certificate holder or applicant for a certificate of compliance; and(B) References found in 10 CFR 71.5(b), 71.17(c)(3) and (e), 71.88(a)(4) and 71.97(c), (c)(3)(iii) and (f);(3) The terms "Close reflection by water," "Containment system," "Maximum normal operating pressure," "Optimum interspersed hydrogenous moderation," "Spent nuclear fuel or spent fuel," and "State" found in 10 CFR 71.4 are not incorporated by reference;(4) When the term "licensed material" is used within the material incorporated by this section, it shall mean any radioactive material including source material, special nuclear material, or byproduct material received, possessed, used, transferred or disposed of under a general or specific license issued by the NRC, or by any other Agreement State or by any state that has been either provisionally or finally designated as a Licensing State by the Conference of Radiation Control Program Directors, Inc.;(5) Federal Department of Transportation regulations (49 CFR parts 107, 171 through 180, and 390 through 397) as of January 1, 2021, referenced in 10 CFR 71.5, are hereby incorporated by reference;(6) Notwithstanding paragraph (1), 10 CFR 71.85(a) through (c) is incorporated by reference only for the purpose of requiring the licensee, as specified in 10 CFR 71.85(d), to ascertain that the determinations specified in 10 CFR 71.85(a) through (c) have been made. This paragraph may not be construed to incorporate by reference 10 CFR 71.85(a) through (c) so as to establish, imply, or otherwise infer any authority over or control of a certificate holder, as defined in 10 CFR 71.4, by the Department;(7) Title 10, CFR section 71.8 is substituted with section 30105 of this subchapter; and(8) Title 10, CFR section 71.13 is substituted with subsection (c) of this section.(b) Persons are exempt from this section to the extent that they transport any radioactive material or offer any radioactive material to a carrier for transportation where such transportation is subject to the exclusive jurisdiction of the United States Federal Government.(c) Physicians are exempt from the requirements of this section to the extent that they transport radioactive material for use in the practice of medicine. However, any physician operating under this exemption shall possess a specific license issued pursuant to section 30195 authorizing human use of radioactive material.Cal. Code Regs. Tit. 17, § 30373
1. Repealer of group 4 and new group 4 (sections 30365-30380) filed 11-29-65; effective thirtieth day thereafter (Register 65, No. 23). For prior history, see Register 62, No. 1.
2. Repealer of article 1 (sections 30365, 30366 and 30368); repealer of article 2 (section 30370); renumbering and amendment of former article 3 (section 30373) to article 1 (section 30373); repealer of article 4 (section 30378) and repealer of article 5 (section 30380) filed 6-6-85; effective thirtieth day thereafter (Register 85, No. 23). For prior history, see Registers 76, No. 4; 73, No. 25; 69, No. 20; and 67, No. 46.
3. Change without regulatory effect of NOTE (Register 88, No. 6).
4. Amendment of subsection (a) filed 9-16-92; operative 10-16-92 (Register 92, No. 38).
5. Amendment of section and NOTE filed 4-24-2009; operative 5-24-2009 (Register 2009, No. 17).
6. Amendment of subsections (a)-(a)(2) and (a)(4)-(5), new subsections (a)(2)(A)-(B) and (a)(6)-(8) and amendment of NOTE filed 3-18-2019; operative 7-1-2019 (Register 2019, No. 12).
7. Amendment of subsections (a)-(a)(1), (a)(5) and (b) filed 3-30-2022; operative 7-1-2022 (Register 2022, No. 13). Note: Authority cited: Sections 114765, 114820, 115000 and 131200, Health and Safety Code. Reference: Sections 114740, 114765, 115230, 115235, 131050, 131051 and 131052, Health and Safety Code.
1. Repealer of group 4 and new group 4 (sections 30365-30380) filed 11-29-65; effective thirtieth day thereafter (Register 65, No. 23). For prior history, see Register 62, No. 1.
2. Repealer of article 1 (sections 30365, 30366 and 30368); repealer of article 2 (section 30370); renumbering and amendment of former article 3 (section 30373) to article 1 (section 30373); repealer of article 4 (section 30378) and repealer of article 5 (section 30380) filed 6-6-85; effective thirtieth day thereafter (Register 85, No. 23). For prior history, see Registers 76, No. 4; 73, No. 25; 69, No. 20; and 67, No. 46.
3. Change without regulatory effect of NOTE (Register 88, No. 6).
4. Amendment of subsection (a) filed 9-16-92; operative 10-16-92 (Register 92, No. 38).
5. Amendment of section and Note filed 4-24-2009; operative 5-24-2009 (Register 2009, No. 17).
6. Amendment of subsections (a)-(a)(2) and (a)(4)-(5), new subsections (a)(2)(A)-(B) and (a)(6)-(8) and amendment of Note filed 3-18-2019; operative 7/1/2019 (Register 2019, No. 12).
7. Amendment of subsections (a)-(a)(1), (a)(5) and (b) filed 3-30-2022; operative 7/1/2022 (Register 2022, No. 13).