| tested within
the required test interval, they shall be tested for leakage before
use or transfer and the shutter tested before use.
(-b-) Devices kept in standby for future use are excluded
from the 24-month time limit if the agency approves a plan for future
use submitted by the licensee. Licensees shall submit plans at least
30 days prior to the end of the 24 months of nonuse.
(-c-) The general licensee shall perform quarterly
physical inventories of these devices while they are in standby. The
licensee shall make, maintain, and retain for intervals of 5 years,
records of the quarterly physical inventories for inspection by the
agency;
(XVI) not export the device containing radioactive
material except in accordance with Title 10, CFR, Part 110;
(XVII) comply with the provisions of §289.202(ww)
and (xx) of this title for reporting radiation incidents, theft or
loss of licensed material, but shall be exempt from the other requirements
of §289.202 and §289.203 of this title;
(XVIII) respond to written requests from the agency
to provide information relating to the general license within 30 calendar
days of the date of the request, or other time specified in the request.
If the general licensee cannot provide the requested information within
the allotted time, it shall, within that same time period, request
a longer period to supply the information by providing the agency
a written justification for the request; and
(XIX) assure that the device is used in accordance
with information contained in the device safety evaluation.
(I) The general license in subparagraph (H) of this
paragraph does not authorize the manufacture or import of devices
containing radioactive material.
(J) The written instructions specified in subparagraph
(H)(iv)(III)(-a-) and (-b-) of this paragraph shall be followed while
performing the testing and the written instructions in subparagraph
(H)(iv)(III)(-b-) of this paragraph shall be maintained for inspection
by the agency.
(K) General license for certain items and self-luminous
products containing radium-226.
(i) A general license is hereby issued to any person
to acquire, receive, possess, use, or transfer radium-226 contained
in the following products manufactured prior to November 30, 2007.
(I) Antiquities originally intended for use by the
general public. For purposes of this subclause, antiquities are products
distributed for use by the general public in the late 19th and early
20th centuries; such as radium emanator jars, revigators, radium water
jars, radon generators, refrigerator cards, radium bath salts, and
healing pads.
(II) Intact timepieces containing greater than 1 µCi
(0.037 MBq), nonintact timepieces, and timepiece hands and dials no
longer installed in timepieces.
(III) Luminous items installed in air, marine, or land
vehicles.
(IV) All other luminous products, provided that no
more than 100 items are used or stored at the same location at any
one time.
(V) Small radium sources containing no more than 1 µCi
(0.037 MBq) of radium 226. For the purposes of this paragraph, "small
radium sources" means discrete survey instrument check sources, sources
contained in radiation measuring instruments, sources used in educational
demonstrations (such as cloud chambers and spinthariscopes), electron
tubes, lightning rods, ionization sources, static eliminators, or
as designated by the NRC.
(ii) Persons who acquire, receive, possess, use, or
transfer byproduct material under the general license issued in clause
(i) of this subparagraph are exempt from the provisions of §§289.201,
289.202, 289.203, and 289.252 of this title, to the extent that the
receipt, possession, use, or transfer of byproduct material is within
the terms of the general license; provided, however, that this exemption
shall not be deemed to apply to any such person specifically licensed
under §289.252 of this title.
(iii) Any person who acquires, receives, possesses,
uses, or transfers radioactive material in accordance with this subparagraph
shall do the following.
(I) Provide to the agency within 30 days of any indication
of possible damage to the product that could result in a loss of the
radioactive material. The report should include a brief description
of the event, and the remedial action taken.
(II) Not abandon products containing radium-226.
(-a-) The product, and any radioactive material from
the product, may only be disposed of according to §289.202 of
this title or as otherwise approved by the agency.
(-b-) The product, and any radioactive material from
the product, may be transferred to a person authorized by a specific
license to receive the radium-226 or as otherwise approved by the
agency.
(III) The general license in this subparagraph does
not authorize the manufacture, assembly, disassembly, repair, or import
of products containing radium-226, except that timepieces may be disassembled
and repaired provided that paint containing radium-226 is not applied
or removed.
(IV) Not export products containing radium-226 except
in accordance with or equivalent regulations of the NRC Title 10,
CFR, §110.
(V) Dispose of products containing radium-226 at a
disposal facility authorized to dispose of radioactive material in
accordance with any federal or state solid or hazardous waste law,
including the Solid Waste Disposal Act, as authorized under the Energy
Policy Act of 2005, by transfer to a person authorized to receive
radium-226 by a specific license issued under this section, or under
equivalent regulations of the NRC, or any agreement state.
(VI) Respond to written requests from the agency, the
NRC, or any agreement state to provide information relating to the
general license within 30 calendar days of the date of the request,
or other time specified in the request. If the general licensee cannot
provide the requested information within the allotted time, it shall,
within that same time period, request a longer period to supply the
information by providing the agency, the NRC, or any agreement state
a written justification for the request.
(g) General license acknowledgements for radioactive
material other than source material. In addition to the requirements
of this section, all general license acknowledgement holders, unless
otherwise specified, are subject to the requirements of §§289.201,
289.202(ww) and (xx), 289.204, 289.205, and 289.257 of this title.
(1) Persons possessing a general license for devices
in accordance with subsection (f)(4)(H) of this section and being
in the possession of radioactive material in devices containing at
least 370 MBq (10 mCi) of cesium-137, 3.7 MBq (0.1 mCi) of strontium-90,
37 MBq (1 mCi) of cobalt-60, 3.7 MBq (0.1 mCi) of radium-226, 37 MBq
(1 mCi) of americium-241, or any transuranic (for example, element
with atomic number greater than uranium (92)), based on the activity
indicated on the label on the device, shall file an application for
acknowledgement within 30 days of receipt, acquisition, or possession
of such a device. The application shall be on a form prescribed by
the agency to include the following information and any other information
specifically requested by the agency:
(A) name and mailing address of the general licensee;
(B) information about each device to include the manufacturer
(or initial transferor), model number, and serial number of the device,
and the radioisotope and activity (as indicated on the label), and
serial number of the source;
(C) name, title, and telephone number of the responsible
person designated as a representative of the general licensee in accordance
with subsection (f)(4)(H)(iv)(XIII) of this section;
(D) address or location at which the device(s) are
used and/or stored. For portable devices, the address of the primary
place of storage;
(E) certification by the responsible representative
of the general licensee that the information concerning the device(s)
has been verified through a physical inventory and checking of label
information;
(F) certification by the responsible representative
of the general licensee that they are aware of the requirements of
this section; and
(G) a completed RC Form 252-1, Business Information
Form and the applicable fee as required by §289.204 of this title.
(2) Persons generally licensed by the agency, the NRC,
or any agreement state with respect to devices meeting the criteria
in paragraph (1) of this subsection, are not subject to the requirements
of paragraph (1) of this subsection if the devices are used in areas
subject to agency jurisdiction for a period less than 180 days in
any calendar year.
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