Section 120.775 - Exemptions(A) Any physician licensed by a State to dispense drugs in the practice of medicine is exempt from 105 CMR 120.774 with respect to transport by the physician of licensed material for use in the practice of medicine. However, any physician operating under 105 CMR 120.775 must be licensed under 10 CFR Part 35 or the equivalent Agreement State regulations.(B) Common and contract carriers, freight forwarders, and warehouse workers who are subject to the requirements of the U.S. Department of Transportation in 49 CFR 170 through 189 or the U.S. Postal Service in the Postal Service Manual (Domestic Mail Manual), Section 124.3 incorporated by reference, 39 CFR 111.11 (1974), and the U.S. Postal Service are exempt from the requirements of 105 CMR 120.770 to the extent that they transport or store radioactive material in the regular course of their carriage for others or storage incident thereto. Common and contract carriers who are not subject to the requirements of the U.S. Department of Transportation or U.S. Postal Service are subject to 105 CMR 120.773 and other applicable requirements of 105 CMR 120.000.(C) A licensee is exempt from all requirements of 105 CMR 120.770, with respect to shipment or carriage of the following low-level materials:(1) Natural material and ores containing naturally occurring radionuclides that are either in their natural state, or have only been processed for purposes other than for the extraction of the radionuclides, and which are not intended to be processed for the use of these radionuclides, provided the activity concentration of the material does not exceed ten times the applicable radionuclide activity concentration values specified in 105 CMR 120.798: Appendix A, Table A-2, or Table A-3.(2) Materials for which the activity concentration is not greater than the activity concentration values specified in 105 CMR 120.798: Appendix A, Table A-2, or Table A-3, or for which the consignment activity is not greater than the limit for an exempt consignment found in 105 CMR 120.798: Appendix A, Table A-2, or Table A-3.(3) Non-radioactive solid objects with radioactive substances present on any surfaces in quantities not in excess of the levels cited in the definition of contamination in 105 CMR 120.772.(D) Fissile materials meeting one of the following requirements are exempt from the classification as fissile material and from the fissile material package standards of 10 CFR 71.55 and 10 CFR 71.59, but are subject to all other requirements of 10 CFR 71, except as noted. (1) Individual package containing two grams or less fissile material.(2) Individual or bulk packaging containing 15 grams or less of fissile material provided the package has at least 200 grams of solid 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.(3)(a) Low concentrations of solid fissile material commingled with solid nonfissile material, provided that: 1. There is at least 2000 grams of solid nonfissile material for every gram of fissile material, and2. There is no more than 180 grams of fissile material distributed within 360 kg of contiguous nonfissile material.(b) 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 of solid nonfissile material.(4) Uranium enriched in uranium-235 to a maximum of 1% by weight, and with total plutonium and uranium-233 content of up to 1% of the mass of uranium-235, provided that the mass of any beryllium, graphite, and hydrogenous material enriched in deuterium constitutes less than 5% of the uranium mass, and that the fissile material is distributed homogeneously and does not form a lattice arrangement within the package.(5) Liquid solutions of uranyl nitrate enriched in uranium-235 to a maximum of 2% by mass, with a total plutonium and uranium-233 content not exceeding 0.002% 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 a DOT Type A package.(6) Packages containing, individually, a total plutonium mass of not more than 1000 grams, of which not more than 20% by mass may consist of plutonium-239, plutonium-241, or any combination of these radionuclides.Amended by Mass Register Issue 1373, eff. 9/7/2018.