(a) Purpose. This section provides for exemptions to
licensing requirements, general licensing of radioactive material,
and acknowledgement of general licenses.
(b) Scope. Except as otherwise authorized, no person
shall receive, possess, use, transfer, own, or acquire radioactive
material except as authorized in a general license or general license
acknowledgement issued in accordance with this section, or in a specific
license issued in accordance with §289.252 of this title (relating
to Licensing of Radioactive Material), §289.255 of this title
(relating to Radiation Safety Requirements and Licensing and Registration
Procedures for Industrial Radiography), §289.256 of this title
(relating to Medical and Veterinary Use of Radioactive Material), §289.258
of this title (relating to Licensing and Radiation Safety Requirements
for Irradiators), or §289.259 of this title (relating to Licensing
of Naturally Occurring Radioactive Material (NORM).
(c) Definitions. The following words and terms when
used in this section shall have the following meanings unless the
context clearly indicates otherwise.
(1) General license--An authorization in accordance
with this section that grants authority to a person for certain activities
involving radioactive material, and is effective without the filing
of applications with the agency or the issuance of licensing documents
to the particular persons. The general licensee is subject to all
other applicable portions of this chapter and any limitations of the
general license.
(2) General license acknowledgement--A written recognition
of a general license issued in accordance with this section. The issuance
of a general license acknowledgement requires the submission of an
application to the agency. A written acknowledgement of a general
license granted in accordance with this section is issued by the agency.
The holder of a general license acknowledgement is subject to all
other applicable portions of this chapter as well as any conditions
specified in the acknowledgement document.
(d) Exemptions for source material.
(1) Any person is exempt from this section and §289.252
of this title if that person receives, possesses, uses, or transfers
source material in any chemical mixture, compound, solution, or alloy
in which the source material is by weight less than 1/20 of 1.0% (0.05%)
of the mixture, compound, solution, or alloy.
(2) Any person is exempt from this section and §289.252
of this title if that person receives, possesses, uses, or transfers
unrefined and unprocessed ore containing source material; provided
that, except as authorized in a specific license, such person shall
not refine or process such ore. This exemption does not apply to the
mining of ore containing source material.
(3) Any person is exempt from this section and §289.252
of this title to the extent that such person receives, possesses,
uses, or transfers:
(A) any quantities of thorium contained in:
(i) incandescent gas mantles;
(ii) vacuum tubes;
(iii) welding rods;
(iv) electric lamps for illuminating purposes provided
that each lamp does not contain more than 50 milligrams (mg) of thorium;
(v) germicidal lamps, sunlamps, and lamps for outdoor
or industrial lighting provided that each lamp does not contain more
than two grams of thorium;
(vi) rare earth metals and compounds, mixtures, and
products containing not more than 0.25% by weight thorium, uranium,
or any combination of these; or
(vii) personnel neutron dosimeters, provided that each
dosimeter does not contain more than 50 mg of thorium;
(B) source material contained in the following products:
(i) glazed ceramic tableware manufactured before August
27, 2013, provided that the glaze contains not more than 20% by weight
source material;
(ii) glassware containing not more than 2% by weight
source material or, for glassware manufactured before August 27, 2013,
10% by weight source material; but not including commercially manufactured
glass brick, pane glass, ceramic tile, or other glass or ceramic used
in construction;
(iii) glass enamel or glass enamel frit containing
not more than 10% by weight source material imported or ordered for
importation into the United States, or initially distributed by manufacturers
in the United States, before July 25, 1983; or
(iv) piezoelectric ceramic containing not more than
2.0% by weight source material;
(C) photographic film, negatives, and prints containing
uranium or thorium;
(D) any finished product or part fabricated of, or
containing, metal-thorium alloys, provided that the thorium content
of the alloy does not exceed 4% by weight and that the exemption contained
in this subparagraph shall not be deemed to authorize the chemical,
physical, or metallurgical treatment or processing of any such product
or part;
(E) uranium contained in counterweights installed in
aircraft, rockets, projectiles, and missiles, or stored or handled
in connection with installation or removal of such counterweights,
provided that:
(i) each counterweight has been impressed with the
following legend clearly legible through any plating or other covering:
"DEPLETED URANIUM" (The requirements specified in this clause need
not be met by counterweights manufactured prior to December 31, 1969,
provided that such counterweights were manufactured under a specific
license issued by the Atomic Energy Commission and were impressed
with the legend, "CAUTION - RADIOACTIVE MATERIAL - URANIUM," required
at that time);
(ii) each counterweight is durably and legibly labeled
or marked with the identification of the manufacturer and the statement:
"UNAUTHORIZED ALTERATIONS PROHIBITED" (The requirements specified
in this clause need not be met by counterweights manufactured prior
to December 31, 1969, provided that such counterweights were manufactured
under a specific license issued by the Atomic Energy Commission and
were impressed with the legend, "CAUTION - RADIOACTIVE MATERIAL -
URANIUM" required at that time); and
(iii) the exemption contained in this subparagraph
shall not be deemed to authorize the chemical, physical, or metallurgical
treatment or processing of any such counterweights other than repair
or restoration of any plating or other covering;
(F) natural or depleted uranium used as shielding constituting
part of any shipping container, provided that:
(i) the shipping container is conspicuously and legibly
impressed with the legend "CAUTION - RADIOACTIVE SHIELDING - URANIUM;"
and
(ii) the uranium metal is encased in a one-eighth inch
minimum wall thickness of mild steel or equally fire resistant material;
(G) thorium or uranium contained in or on finished
optical lenses and mirrors, provided that each lens or mirror does
not contain more than 10% by weight of thorium or uranium or, for
lenses manufactured before August 27, 2013, 30% by weight of thorium;
and that the exemption contained in this subparagraph shall not be
deemed to authorize either:
(i) the shaping, grinding, or polishing of such lens
or mirror or manufacturing processes other than the assembly of such
lens or mirror into optical systems and devices without any alteration
of the lens or mirror; or
(ii) the receipt, possession, use, or transfer of uranium
or thorium contained in contact lenses, or in spectacles, or in eyepieces
in binoculars or in other optical instruments;
(H) uranium contained in detector heads for use in
fire detection units, provided that each detector head contains not
more than 0.005 microcurie (µCi) (185 becquerels (Bq) of uranium;
or
(I) thorium contained in any finished aircraft engine
part containing nickel-thoria alloy, provided that:
(i) the thorium is dispersed in the nickel-thoria alloy
in the form of finely divided thoria (thorium dioxide); and
(ii) the thorium content in the nickel-thoria alloy
does not exceed 4.0% by weight.
(4) The exemptions in subsection (d)(3) of this section
do not authorize the manufacture of any of the products described.
(5) No person may initially transfer for sale or distribution
a product containing source material to persons exempt under subsection
(d)(3) of this section, Title 10, CFR, §40.13(c), or equivalent
regulations of an agreement state, unless authorized by a license
issued under Title 10, CFR, §40.52, to initially transfer such
products for sale or distribution.
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