| (A) prime contractors performing work for DOE at United
States 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;
(B) prime contractors of DOE performing research in,
or development, manufacture, storage, testing, or transportation of,
atomic weapons or components thereof;
(C) prime contractors of DOE using or operating nuclear
reactors or other nuclear devices in a United States government-owned
vehicle or vessel; and
(D) any other prime contractor or subcontractor of
DOE or of NRC when the state and NRC jointly determine that:
(i) the exemption of the prime contractor or subcontractor
is authorized by law; and
(ii) in accordance with 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
and the environment.
(d) Records.
(1) Each licensee shall maintain records showing the
receipt, transfer, and disposal of all non-exempt sources of radiation.
(A) Records of receipt, transfer, and disposal of sources
of radiation shall include as a minimum, the following information:
(i) a unique identification of each source of radiation,
including:
(I) manufacturer's name;
(II) isotope;
(III) activity; and
(IV) if available, sealed source serial number;
(ii) the date of receipt, transfer, or disposal of
each source of radiation;
(iii) for the licensee transferring the source of radiation,
the name of the transferee, the number of the transferee's radioactive
material license authorizing possession of the material, and the regulatory
agency issuing the license to the transferee; and
(iv) for the licensee receiving the source of radiation,
the name of the transferor, the number of the transferor's radioactive
material license authorizing possession of the material, and the regulatory
agency issuing the license to the transferor.
(B) Records of receipt, transfer, and disposal shall
be maintained by the licensee until disposal is authorized by the
agency.
(2) Additional record requirements and retention periods
are specified elsewhere in this chapter.
(3) All records required by this chapter shall be accurate
and factual.
(4) Records are only valid if stamped, initialed, or
signed and dated by authorized personnel or otherwise authenticated.
(5) Each record required by this chapter must be legible
throughout the retention period specified by the agency. The record
may be the original or a reproduced copy or a microform provided that
the copy or microform is authenticated by authorized personnel and
that the microform is capable of producing a clear copy throughout
the required retention period. The record may also be stored in electronic
media with the capability for producing legible, accurate, and complete
records during the required retention period. Records, such as letters,
drawings, or specifications, must include all pertinent information
such as stamps, initials, and signatures. The licensee shall maintain
adequate safeguards against tampering with and loss of records.
(e) Inspections.
(1) The agency may enter public or private property
at reasonable times to determine whether, in a matter under the agency's
jurisdiction, there is compliance with the Act, the agency's rules,
license conditions, and orders issued by the agency.
(2) Each licensee shall afford the agency, at all reasonable
times, opportunity to inspect sources of radiation and the premises
and facilities wherein such sources of radiation are used or stored.
(3) Each licensee shall make available to the agency
for inspection, upon reasonable notice, records maintained in accordance
with this chapter.
(f) Tests.
(1) Each licensee shall perform, upon instructions
from the agency, or shall permit the agency to perform such reasonable
tests as the agency deems appropriate or necessary including, but
not limited to, tests of:
(A) sources of radiation;
(B) facilities wherein sources of radiation are used
or stored;
(C) radiation detection and monitoring instruments;
and
(D) other equipment and devices used in connection
with utilization or storage of licensed sources of radiation.
(2) Each licensee is required to accept from the agency,
samples collected from its facility(ies) or from areas that are radioactive
as a result of its licensed activities.
(g) Tests for leakage and/or contamination of sealed
sources.
(1) The licensee in possession of any sealed source
shall assure that:
(A) each sealed source, except as specified in paragraph
(2) of this subsection and §289.253(i) of this title, is tested
for leakage or contamination and the test results are received before
the sealed source is put into use unless the licensee has a certificate
from the transferor indicating that the sealed source was tested within
6 months before transfer to the licensee;
(B) each sealed source that is not designed to emit
alpha particles is tested for leakage or contamination at intervals
not to exceed 6 months or at alternative intervals approved by the
agency, the NRC, or any agreement state after evaluation of information
specified in §289.252(v) of this title or equivalent regulations
of the NRC or any agreement state;
(C) each sealed source that is designed to emit alpha
particles is tested for leakage or contamination at intervals not
to exceed 3 months or at alternative intervals approved by the agency,
the NRC, or any agreement state after evaluation of information specified
in §289.252(v) of this title, or equivalent regulations of the
NRC, or any agreement state;
(D) for each sealed source that is required to be tested
for leakage or contamination, at any other time there is reason to
suspect that the sealed source might have been damaged or might be
leaking, the licensee shall assure that the sealed source is tested
for leakage or contamination before further use;
(E) tests for leakage for all sealed sources, except
brachytherapy sources manufactured to contain radium, shall be capable
of detecting the presence of 0.005 µCi (185 Bq) of radioactive
material on a test sample. Test samples shall be taken from the sealed
source or from the surfaces of the container in which the sealed source
is stored or mounted and at the nearest accessible point to the sealed
source where contamination might accumulate. For a sealed source contained
in a device, test samples are obtained when the source is in the "off"
position;
(F) the test for leakage for brachytherapy sources
manufactured to contain radium shall be capable of detecting an absolute
leakage rate of 0.001 µCi (37 Bq) of radon-222 in a 24-hour
period when the collection efficiency for radon-222 and its daughters
has been determined with respect to collection method, volume, and
time;
(G) tests for contamination from radium daughters shall
be taken on the interior surface of brachytherapy source storage containers
and shall be capable of detecting the presence of 0.005 µCi
(185 Bq) of a radium daughter that has a half-life greater than 4
days; and
(H) tests for leakage or contamination shall be performed
using a leak test kit or method approved by the agency, the NRC, or
any agreement state.
(2) A licensee need not perform tests for leakage or
contamination on the following sealed sources:
(A) sealed sources containing only radioactive material
with a half-life of less than 30 days;
(B) sealed sources containing only radioactive material
as a gas;
(C) sealed sources containing 100 µCi (3.7 MBq)
or less of beta or gamma-emitting material or 10 µCi (370 kBq)
or less of alpha or neutron-emitting material;
(D) sealed sources containing only hydrogen-3 (tritium);
(E) seeds of iridium-192 encased in nylon ribbon; and
(F) sealed sources, except teletherapy and brachytherapy
sources, which are stored, not being used, and identified as in storage.
The licensee shall, however, test each such sealed source for leakage
or contamination and receive the test results before any use or transfer
unless it has been tested for leakage or contamination within six
months before the date of use or transfer.
(3) Analysis of tests for leakage or contamination
from sealed sources shall be performed by persons specifically authorized
by the agency, the NRC, or any agreement state to perform such services.
Cont'd... |
