3701:1-50-13 Exemption from classification as fissile material.

Fissile material meeting the requirements of at least one of the paragraphs (A) to (F) of this rule are exempt from classification as fissile material and from the fissile material package standards of 10 C.F.R. 71.55 and 10 C.F.R. 71.59 (as published in the January 1, 2010 Code of Federal Regulations), but are subject to all other requirements of this chapter, except as noted.

(A) Individual package containing two grams or less fissile material.

(B) Individual or bulk packaging containing fifteen grams or less of fissile material provided the package has at least two hundred grams ofsolid nonfissile material for every gram of fissile material. Lead, beryllium, graphite, and hydrogenous material enriched in deuterium may be present in the package but must not be included in determining the required mass for solid nonfissile material.

(C)

(1) Low concentrations of solid fissile material commingled with solid nonfissile material, provided that:

(a) There is at least two thousand grams of solid nonfissile material for every gram of fissile material, and

(b) There is no more than one hundred eighty grams of fissile material distributed within three hundred sixty kilograms of contiguous nonfissile material.

(2) Lead, beryllium, graphite, and hydrogenous material enriched in deuterium may be present in the package but must not be included in determining the required mass ofsolid nonfissile material.

(D) Uranium enriched in uranium-235 to a maximum of one per cent by weight, and with total plutonium and uranium-233 content of up to one per cent of the mass of uranium-235, provided that the mass of any beryllium, graphite, and hydrogenous material enriched in deuterium constitutes less than five per cent of the uranium mass.

(E) Liquid solutions of uranyl nitrate enriched in uranium-235 to a maximum of two per cent by mass, with a total plutonium and uranium-233 content not exceeding 0.002 per cent of the mass of uranium, and with a minimum nitrogen to uranium atomic ratio (N/U) of two. The material must be contained in at least DOT type A package.

(F) Packages containing, individually, a total plutonium mass of not more than one thousand grams, of which not more than twenty per cent by mass may consist of plutonium-239, plutonium-241, or any combination of these radionuclides.

Effective: 09/01/2011
R.C. 119.032 review dates: 05/24/2011 and 05/01/2016
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 10/22/06