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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 289RADIATION CONTROL
SUBCHAPTER FLICENSE REGULATIONS
RULE §289.252Licensing of Radioactive Material

        (II) identity of an individual by name and position who may constitute a point of contact between the department and the general licensee;

        (III) the type and model number of devices commercially distributed; and

        (IV) the quantity of depleted uranium contained in the product or device.

      (ii) If no commercial distributions have been made to persons generally licensed in accordance with §289.251(f)(3)(D) of this title during the reporting period, the report shall so indicate;

    (F) report to the NRC and each responsible agreement state agency all commercial distributions of industrial products or devices to persons for use in accordance with the general license in the NRC's or agreement state's equivalent requirements to §289.251(f)(3)(D) of this title. The report shall meet the provisions of subparagraph (E)(i) and (ii) of this paragraph; and

    (G) make, maintain, and retain records including the name, address, and point of contact for each general licensee to whom the licensee commercially distributes depleted uranium in products or devices for use in accordance with the general license provided in §289.251(f)(3)(D) of this title or equivalent requirements of the NRC or any agreement state. The records shall be maintained for inspection by the department in accordance with subsection (mm) of this section and shall include the date of each commercial distribution, the quantity of depleted uranium in each product or device commercially distributed, and compliance with the report requirements of this section.

(t) Specific licenses for the processing of loose radioactive material for manufacture and commercial distribution. In addition to the requirements in subsection (e) of this section, a license to process loose radioactive material for manufacture and commercial distribution of radioactive material to persons authorized to possess such radioactive material in accordance with this chapter will be issued if the department approves the following information submitted by the applicant:

  (1) radionuclides to be used, including the chemical and physical form and the maximum activity of each radionuclide;

  (2) intended use of each radionuclide and the sealed sources or other products to be manufactured that includes:

    (A) receipt of radioactive material;

    (B) chemical or physical preparations;

    (C) sealed source construction;

    (D) final assembly or processing;

    (E) quality assurance testing;

    (F) quality control program;

    (G) leak testing;

    (H) American National Standards Institute (ANSI) testing procedures;

    (I) transportation containers;

    (J) shipping procedures; and

    (K) disposition of unwanted or unused radioactive material;

  (3) scaled drawings of the facility to include:

    (A) air filtration;

    (B) ventilation system;

    (C) plumbing; and

    (D) radioactive material handling systems and, when applicable, remote handling hot cells;

  (4) details of the environmental monitoring program; and

  (5) documentation of training as specified in subsection (jj)(1) of this section for all personnel who will be handling radioactive materials.

(u) Specific licenses for other manufacture and commercial distribution of radioactive material. In addition to the requirements in subsection (e) of this section, a license to manufacture and commercially distribute radioactive material to persons authorized to possess such radioactive material in accordance with these requirements will be issued if the department approves the following information submitted by the applicant:

  (1) the radionuclides to be used, including the chemical and physical form and the maximum activity of each radionuclide;

  (2) the intended use of each radionuclide and the sealed sources or other products to be manufactured that includes:

    (A) receipt of radioactive material;

    (B) chemical or physical preparations;

    (C) sealed source construction;

    (D) final assembly or processing;

    (E) quality assurance testing;

    (F) quality control program;

    (G) leak testing;

    (H) ANSI testing procedures;

    (I) transportation containers;

    (J) shipping procedures; and

    (K) disposition of unwanted or unused radioactive material;

  (3) scaled drawings of radioactive material handling systems; and

  (4) documentation of training as specified in subsection (jj)(1) of this section for all personnel who will be handling radioactive material.

(v) Sealed source or device evaluation.

  (1) Any manufacturer or initial distributor of a sealed source or device containing a sealed source may submit a request to the department for evaluation of radiation safety information about its product and for its registration.

  (2) The request for review shall be sent to the department in accordance with §289.201(k) of this title and shall be submitted in duplicate accompanied by the appropriate fee specified in §289.204 of this title.

  (3) In order to provide reasonable assurance that the radiation safety properties of the source or device are adequate to protect health and minimize danger to life and property, the request for evaluation of a sealed source or device shall include sufficient information about the:

    (A) design;

    (B) manufacture;

    (C) prototype testing;

    (D) quality control program;

    (E) labeling;

    (F) proposed uses; and

    (G) leak testing.

  (4) The request for evaluation of a device shall also include sufficient information about:

    (A) installation;

    (B) service and maintenance;

    (C) operating and safety instructions; and

    (D) its potential hazards.

  (5) The department normally evaluates a sealed source or a device using radiation safety criteria in accepted industry standards. If these standards and criteria do not readily apply to a particular case, the department formulates reasonable standards and criteria with the help of the manufacturer or distributor. The department shall use criteria and standards sufficient to ensure that the radiation safety properties of the device or sealed source are adequate to protect health and minimize danger to life and property. Section 289.251(e)(1) - (3) of this title includes specific criteria that apply to certain exempt products and §289.251(f) of this title includes specific criteria applicable to certain generally licensed devices. This section includes specific provisions that apply to certain specifically licensed items.

  (6) After completion of the evaluation, the department issues a sealed source and device (SS & D) certificate of registration to the person making the request. The SS & D certificate of registration acknowledges the availability of the submitted information for inclusion in an application for a specific license proposing use of the product, or concerning use under an exemption from licensing or general license as applicable for the category of SS & D certificate of registration.

  (7) The person submitting the request for evaluation and SS & D certificate of registration of safety information about the product shall manufacture and distribute the product in accordance with:

    (A) the statements and representations, including quality control program, contained in the request; and

    (B) the provisions of the SS & D certificate of registration.

  (8) Authority to manufacture or initially distribute a sealed source or device to specific licensees shall be provided in the license without the issuance of a SS & D certificate of registration in the following cases:

    (A) calibration and reference sources shall contain no more than:

      (i) 1 mCi (37 MBq) for beta and/or gamma emitting radionuclides; or

      (ii) 10 µCi (0.37 MBq) for alpha emitting radionuclides; or

    (B) the intended recipients are qualified by training and experience and have sufficient facilities and equipment to safely use and handle the requested quantity of radioactive material in any form in the case of unregistered sources or, for registered sealed sources contained in unregistered devices, are qualified by training and experience and have sufficient facilities and equipment to safely use and handle the requested quantity of radioactive material in unshielded form, as Cont'd...

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