Section R12-1-103. Exemptions

A.      Common and contract carriers, freight forwarders, and ware- housemen who are subject to 49 CFR 107.109, 107.111, 107.113, 171.2, 171.3, 172.200, 173.1, 173.3, 173.4, 173.401, 175.3, 175.10, 176.3, 176.5, 176.11, 176.24, 176.27, and 177.801, revised October 1, 2007, of the U.S. Department of Transportation, or 39 CFR 111.1 of the U.S. Postal Service, revised July 1, 2007, incorporated by reference, and available under R12-1-101, and who if need be, store radioactive mate- rial, for periods of less than 72 hours, in the regular course of their carriage for another, are exempt from this Chapter. The incorporated materials above contain no future editions or amendments.

B.       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 are exempt from this Chapter to the extent that such con- tractor or subcontractor under the contract receives, possesses, uses, transfers, or acquires sources of radiation:

1.        Prime contractors performing work for the 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 Department of Energy perform- ing research or development, manufacture, storage, test- ing or transportation of nuclear weapons or components thereof;

3.        Prime contractors of the 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 Department of Energy or of the Nuclear Regulatory Com- mission when the state and the Nuclear Regulatory Com- mission jointly determine:

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

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

C.      Any licensee who delivers to a carrier for transport any pack- age which contains radioactive material having a specific activity of  74 kBq/kg  (2 nanocuries per gram)  or less, is exempt from the provisions of this Chapter with respect to that package.

Alpha particles, multiple- charged particles, fission fragments, and heavy particles of unknown

charge                                       20                                0.05

Neutrons of unknown

energy                                      10                                0.1

Historical Note

High-energy protons               10                                0.1

Former Rule Section A.3; Former Section R12-1-103                                                                                                                              

repealed, new Section R12-1-103 adopted effective June 30, 1977 (Supp. 77-3). Amended effective April 2, 1990

(Supp. 90-2). Amended effective August 10, 1994 (Supp.

94-3). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Amended by final rulemaking

at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Amended by final rulemaking at 15 A.A.R. 1023, effec- tive August 1, 2009 (Supp. 09-2).