10A NCAC 15 .0106         EXEMPTIONS

(a)  The agency may, upon application therefore, grant individual exemptions or exceptions from the requirements of these Rules if it will not result in radiation dose or contamination in excess of the limits prescribed in these Rules for the protection of public health, safety or property.

(b)  Except as otherwise provided in this Rule, common and contract or other carriers, freight forwarders, and warehousemen, who are subject to the regulations of the U.S. Postal Service (39 CFR Parts 14 and 15), are exempt from these Rules to the extent that they transport or store sources of radiation in the regular course of their carriage for another or storage incident thereto.  Common, contract, or other carriers who are not exempt pursuant to this Rule are subject to the provisions of Rule .0316 of this Chapter.  Notwithstanding these exemptions, common, contract or other carriers are required to comply with the provisions of Rule .0316(c) of this Chapter to the extent that these carriers are transporting spent nuclear fuel, as defined in Rule .0316(c) of this Chapter, upon the highways of North Carolina.

(c)  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 these Rules to the extent that the 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 agency and the U.S. Nuclear Regulatory Commission jointly determine that:

(A)          the exemption of the prime contractor or subcontractor in Subparagraph (c)(4) of this Rule 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 public health and safety.

History Note:        Authority G.S. 104E‑2; 104E‑7; 104E‑15;

Eff. February 1, 1980;

Transferred and Recodified from 10 NCAC 3G .2206 Eff. January 4, 1990;

Amended Eff. June 1, 1993;

Transferred and Recodified from 15A NCAC 11 .0106 Eff. February 1, 2015.