216-40-20 R.I. Code R. § 7.4

Current through June 20, 2024

Section 216-RICR-40-20-7.4 - Exemptions

7.4.1Persons Using Sources of Radiation Under Certain Department of Energy and Nuclear Regulatory Commission Contracts

A. Any prime contractor or subcontractor of the U.S. Department of Energy (DOE) or the U.S. Nuclear Regulatory Commission (NRC) operating within the State of Rhode Island is exempt from the requirements for a license set forth in this Subchapter to the extent that such prime contractor or subcontractor under his contract manufactures, produces, transfers, receives, acquires, owns, possesses, or uses sources of radiation:

1. The performance of work for the DOE at a United States Government- owned or controlled site, including the transportation of sources of radiation to or from such site and the performance of contract services during temporary interruptions of such transportation;

2. Research in, or development, manufacture, storage, testing or transportation of, atomic weapons or components thereof; or

3. The use or operation of nuclear reactors or other nuclear devices in a United States Government-owned vehicle or vessel.

B. In addition to the foregoing exemptions, any prime contractor or subcontractor of the DOE or the NRC is exempt from the requirements for a license set forth in this Subchapter to the extent that such prime contractor or subcontractor manufacturers, produces, transfers, receives, acquires, owns, possesses, or uses sources of radiation under his prime contract or subcontract when the State of Rhode Island and the NRC jointly determine that:

1. The exemption of the prime contractor or subcontractor is authorized by law; and

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

7.4.2Carriers

Common and contract carriers, freight forwarders, warehousemen, and the U.S. Postal Service are exempt from the requirements in this Part to the extent that they transport or store radioactive material in the regular course of carriage for another or storage incident thereto.

7.4.3Exempt Concentrations

For the purpose of this Part, exempt concentrations are defined by 10 C.F.R. §§ 30.14 and 30.70, Schedule A [§7.9.1 of this Part].

7.4.4Exempt Quantities

For the purpose of this Part, exempt quantities are defined by 10 C.F.R. §§ 30.18 and 30.71, Schedule B [§7.9.2 of this Part].

7.4.5Certain Items Containing Radioactive Material

For the purpose of this Part, exemptions for certain items containing radioactive material are defined by 10 C.F.R. § 30.15.

7.4.6Self-luminous Products Containing Tritium, Krypton-85, or Promethium-147

For the purpose of this Part, exemptions for self-luminous products containing tritium, Krypton-85, or Promethium-147 are defined by 10 C.F.R. § 30.19.

7.4.7Gas and Aerosol Detectors Containing Radioactive Material

For the purpose of this Part, exemptions for gas and aerosol detectors containing radioactive material are defined by 10 C.F.R. § 30.20.

7.4.8Radioactive Drug: Capsules Containing C-14 Urea for "In Vivo" Diagnostic Use for Humans

For the purpose of this Part, exemptions for capsules containing C-14 urea for "in vivo" diagnostic use for humans are defined by 10 C.F.R. § 30.21, excluding 10 C.F.R. § 30.21(c).

7.4.9Certain Industrial Devices

For the purpose of this Part, exemptions for certain industrial devices are defined by 10 C.F.R. § 30.22.

7.4.10Unimportant Quantities of Source Material

For the purpose of this Part, unimportant quantities of source material are defined by 10 C.F.R. § 40.13, with the exception of §40.13(c)(5)(iv).

216 R.I. Code R. § 216-RICR-40-20-7.4

Adopted effective 1/1/2019
Amended effective 5/25/2022