10- 144 C.M.R. ch. 220, § A-3

Current through 2024-51, December 18, 2024

Section 144-220-A-3 - Exemptions

A. General Provision. The Agency may, upon application therefore or upon its own initiative, grant such exemptions or exceptions from the requirements of this rule as it determines are authorized by law and will not result in undue hazard to public health and safety or property.

B. U.S Department of Energy Contractors and U.S. Nuclear Regulatory Commission Contractors. Any U.S. Department of Energy contractor or subcontractor and any U.S. Nuclear Regulatory Commission contractor or subcontractor of the following categories operating within this State is exempt from this rule to the extent that such contractor or subcontractor under his contract receives, possesses, uses, transfers or acquires sources of radiation:

(1) Prime contractors performing work for the U.S. Department of Energy at U.S. Government-owned or controlled sites, including the transportation of sources of radiation to or from such sites and the performance of contract services during temporary interruptions of such transportation;

(2) Prime contractors of the U.S. Department of Energy performing research in, or development, manufacture, storage, testing or transportation of, atomic weapons or components thereof;

(3) Prime contractors of the U.S. Department of Energy using or operating nuclear reactors or other nuclear devices in a United States Government-owned vehicle or vessel; and

(4) Any other prime contractor or subcontractor of the U.S. Department of Energy or of the U.S. Nuclear Regulatory Commission when the State and the Nuclear Regulatory Commission jointly determine:

a. That the exemption of the prime contractor or subcontractor is authorized by law; and

b. That under the terms of the contract or subcontract, there is adequate assurance that the work there under can be accomplished without undue risk to the public health and safety.

C. Common and contract carriers, freight forwarders, and warehousemen are exempt from the requirements for a license to the extent that they transport or store radioactive material in the regular course of carriage for another.

10- 144 C.M.R. ch. 220, § A-3