Authority: IC 16-41-35-26; IC 16-41-35-29

Affected: IC 16-41-35

Sec. 3. (a) General Provision. The board may, upon application therefore or upon its own initiative, grant such exemptions or exceptions from the requirements of 410 IAC 5 as it determines are authorized by law and will not result in undue hazard to public health and safety or property.

(b) Carriers. Common and contract carriers, freight forwarders, and warehousemen, who are subject to the rules and regulations of the U.S. Department of Transportation or the U.S. Postal Service are exempt from 410 IAC 5 to the extent that they transport or store sources of radiation in the regular course of their carriage for another or storage incident thereto. Private carriers who are subject to the rules and regulations of the U.S. Department of Transportation are exempted from 410 IAC 5 to the extent that they transport sources of radiation. Common, contract, and private carriers who are not subject to the rules and regulations of the U.S. Department of Transportation or the U.S. Postal Service are subject to applicable sections of 410 IAC 5.

(c) 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 the state of Indiana is exempt from 410 IAC 5 to the extent that such contractor or subcontractor under his contract receives, possesses, uses, transfers or acquires sources of radiation:

1. (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. (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. (3) Prime contractors of the U.S. Department of Energy using or operating nuclear reactors or other nuclear devices in a United States Government-owned vehicle or vessel; and

4. (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 of Indiana and the U.S. Nuclear Regulatory Commission jointly determine:

   1. (i) that the exemption of the prime contractor or subcontractor is authorized by law; and
   2. (ii) 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.

(Indiana Department of Health; Rule HRH-2,PT A,Sec A.3; filed May 26, 1978, 3:30 pm: 1 IR 130; filed Feb 29, 1984, 10:10 am: 7 IR 834; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)