Lawriter - OAC - 3701:1-50-05 Transportation of licensed material.

3701:1-50-05 Transportation of licensed material.

(A) Each licensee who transports licensed material outside the site of usage, as specified in the United States nuclear regulatory commission or Ohio license, or where transport is on public highways, or who delivers licensed material to a carrier for transport, shall comply with the applicable requirements of the DOT regulations in 49 C.F.R. 107, 171 to 180, and 390 to 397 (as published in the October 1, 2014 Code of Federal Regulations), appropriate to the mode of transport.

(1) The licensee shall particularly note DOT regulations (as published in the October 1, 2014 Code of Federal Regulations) in the following areas:

(a) Packaging - 49 C.F.R. 173: subparts A, B, and I.

(b) Marking and labeling - 49 C.F.R. 172: subpart D; sections 172.400 to 172.407 and 172.436 to 172.441 of subpart E.

(c) Placarding - 49 C.F.R. 172: subpart F, especially sections 172.500 to 172.519 and 172.556; and appendices B and C.

(d) Accident reporting - 49 C.F.R. 171: sections 171.15 and 171.16.

(e) Shipping papers and emergency information - 49 C.F.R. 172: subparts C and G.

(f) Hazardous material employee training - 49 C.F.R. 172: subpart H.

(g) Security plans - 49 C.F.R. 172: subpart I.

(h) Hazardous material shipper/carrier registration - 49 C.F.R. 107: subpart G.

(2) The licensee shall also note DOT regulations (as published in the October 1, 2014 Code of Federal Regulations) pertaining to the following modes of transportation:

(a) Rail - 49 C.F.R. 174: subparts A to D and K.

(b) Air - 49 C.F.R. 175.

(c) Vessel - 49 C.F.R. 176: subparts A to F and M.

(d) Public highway - 49 C.F.R. 177 and 390 to 397.

(B) If DOT regulations are not applicable to a shipment of licensed material, the licensee shall conform to the standards and requirements of the DOT specified in paragraph (A) of this rule to the same extent as if the shipment or transportation were subject to DOT regulations. A request for modification, waiver, or exemption from those requirements, and any notification referred to in those requirements, must be filed with, or made to, the director, Ohio department of health.

Effective: 2/18/2016
Five Year Review (FYR) Dates: 11/27/2015 and 11/15/2020
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 10/19/2001, 10/22/06, 9/1/11