La. Admin. Code tit. 33 § XV-103

Current through Register Vol. 50, No. 9, September 20, 2024

Section XV-103 - Exemptions

A. General Provision. The administrative authority may, upon written application therefor or upon his or her own initiative, grant such exemptions or exceptions from the requirements of these regulations as he or she determines are authorized by law and which will not result in undue hazard to public health and safety or properly.

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 these regulations to the extent that such contractor or subcontractor under his or her 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 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 U.S. 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 thereunder can be accomplished without undue risk to the public health and safety.

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

La. Admin. Code tit. 33, § XV-103

Promulgated by the Department of Environmental Quality, Nuclear Energy Division, LR 13:569 (October 1987), amended by the Office of Air Quality and Radiation Protection, Radiation Protection Division, LR 18:34 (January 1992), amended by the Office of the Secretary, Legal Division, LR 41:2321 (November 2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and 2104(B).