La. Admin. Code tit. 33 § XV-1504

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-1504 - Requirements for the Transportation of Licensed Material

A. Except as authorized in a general or specific license issued by the department, or as exempted in accordance with this Chapter, no licensee may transport licensed material or deliver licensed material to a carrier for transport.

B. Each licensee who transports licensed material outside the site of usage, as specified in the license, or transports licensed material on public highways, or delivers licensed material to a carrier for transport, shall comply with the applicable requirements of the U.S. DOT regulations in 49 CFR Parts 107, 171-180, and 390-397, appropriate to the mode of transport.

C. The licensee shall particularly note U.S. DOT regulations in the following areas:

1. packaging- 49 CFR Part 173, Subparts A, B, and I;

2. marking and labeling-49 CFR Part 172, Subpart D, Paragraphs 172.400-172.407 and 172.436-172.441 of Subpart E;

3. placarding- 49 CFR Part 172, Subpart F, in particular Paragraphs 172.500-172.519, 172.556; and Appendices B and C;

4. shipping papers and emergency information-49 CFR Part 172, Subparts C and G;

5. accident reporting- 49 CFR 171.15 and 171.16;

6. hazardous material shipper/carrier registration- 49 CFR Part 107, Subpart G;

7. hazardous material employee training- 49 CFR Part 172, Subpart H; and

8. security plans- 49 CFR Part 172, Subpart I.

D. The licensee shall also note U.S. DOT regulations pertaining to the following modes of transportation:

1. rail- 49 CFR Part 174, Subparts A-D and K;

2. air-49 CFR Part 175;

3. vessel- 49 CFR Part 176, Subparts A-F and M; and

4. public highway- 49 CFR Part 177 and Parts 390-397.

E. If U.S. DOT regulations are not applicable to a shipment of licensed material, the licensee shall conform to the standards and requirements of the U.S. DOT specified in Subsection B of this Section to the same extent as if the shipment or transportation were subject to U.S. DOT regulations. A request for modification, waiver, or exemption from those requirements, and any notification referred to in those requirements, must be filed with and approved by the department.

La. Admin. Code tit. 33, § XV-1504

Promulgated by the Department of Environmental Quality, Nuclear Energy Division, LR 13:569 (October 1987), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2602 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 34:2106 (October 2008), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 451182 (9/1/2019).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2104(B) and 2113.