| (F) No person may, for purposes of producing an increased
radiation level, combine quantities of radioactive material covered
by this exemption so that the aggregate quantity exceeds the limits
set forth in subsection (l)(2) of this section, except for radioactive
material combined within a device placed in use before May 3, 1999,
or as otherwise permitted by the requirements in this title.
(3) Exempt items.
(A) Certain items containing radioactive material.
(i) Except for persons who apply radioactive material
to, or persons who incorporate radioactive material into the following
products, or persons who initially transfer for sale or distribution
the following products containing radioactive material, any person
is exempt from this chapter if that person receives, possesses, uses,
transfers, or acquires the following products:
(I) timepieces, hands, or dials containing not more
than the following specified quantities of radioactive material and
not exceeding the following specified levels of radiation:
(-a-) 25 millicuries (mCi) (925 megabecquerels (MBq))
of tritium per timepiece;
(-b-) 5 mCi (185 MBq) of tritium per hand;
(-c-) 15 mCi (555 MBq) of tritium per dial (bezels
when used shall be considered as part of the dial);
(-d-) 100 µCi (3.7 MBq) of promethium-147 per
watch or 200 µCi (7.4 MBq) of promethium-147 per any other timepiece;
(-e-) 20 µCi (0.74 MBq) of promethium-147 per
watch hand or 40 µCi (1.48 MBq) of promethium-147 per other
timepiece hand;
(-f-) 60 µCi (2.22 MBq) of promethium-147 per
watch dial or 120 µCi (4.44 MBq) of promethium-147 per other
timepiece dial (bezels when used shall be considered as part of the
dial);
(-g-) the levels of radiation from hands and dials
containing promethium-147 will not exceed, when measured through 50
milligrams per square centimeter (mg/cm2) of absorber:
(-1-) for wrist watches, 0.1 millirad per hour (mrad/hr)
at 10 centimeters (cm) from any surface;
(-2-) for pocket watches, 0.1 mrad/hr at 1 cm from
any surface; and
(-3-) for any other timepiece, 0.2 mrad/hr at 10 cm
from any surface; or
(-h-) 1 µCi (0.037 MBq) of radium-226 per timepiece
in intact timepieces manufactured prior to November 30, 2007;
(II) static elimination devices which contain, as a
sealed source or sources, radioactive material consisting of a total
of not more than 500 µCi (18.5 MBq) of polonium-210 per device;
(III) ion generating tubes designed for ionization
of air that contain, as a sealed source or sources, radioactive material
consisting of a total of not more than 500 µCi (18.5 MBq) of
polonium-210 per device or of a total of not more than 50 mCi (1.85
gigabecquerels (GBq)) of hydrogen-3 (tritium) per device;
(IV) such devices authorized before October 23, 2012,
for use under a general license issued under this section or equivalent
regulations of the NRC or any agreement state and manufactured, tested,
and labeled by the manufacturer in accordance with the specifications
contained in a specific license issued by the NRC;
(V) balances of precision containing not more than
1 mCi (37 MBq) of tritium per balance or not more than 0.5 mCi (18.5
MBq) of tritium per balance part manufactured before December 17,
2007;
(VI) marine compasses containing not more than 750
mCi (27.75 MBq) of tritium gas and other marine navigational instruments
containing not more than 250 mCi (9.25 GBq) of tritium gas manufactured
before December 17, 2007;
(VII) electron tubes, provided that each tube does
not contain more than one of the following specified quantities of
radioactive material and that the levels of radiation from each electron
tube containing radioactive material do not exceed 1 mrad/hr at 1
cm from any surface when measured through 7 mg/cm2 of absorber (For
purposes of this clause, "electron tubes" include spark gap tubes,
power tubes, gas tubes including glow lamps, receiving tubes, microwave
tubes, indicator tubes, pick-up tubes, radiation detection tubes,
and any other completely sealed tube designed to control electrical
currents):
(-a-) 150 mCi (5.55 GBq) of tritium per microwave receiver
protector tube or 10 mCi (0.37 GBq) of tritium per any other electron
tube;
(-b-) 1 µCi (0.037 MBq) of cobalt-60;
(-c-) 5 µCi (0.185 GBq) of nickel-63;
(-d-) 30 µCi (1.11 GBq) of krypton-85;
(-e-) 5 µCi (0.185 GBq) of cesium-137; or
(-f-) 30 µCi (1.11 GBq) of promethium-147;
(VIII) ionizing radiation measuring instruments containing,
for purposes of internal calibration or standardization, a source
of radioactive material not exceeding:
(-a-) the applicable quantity set forth in subsection
(l)(2) of this section or 0.05 µCi (1.85 kilobecquerels (kBq))
of americium-241; and
(-b-) each instrument contains no more than 10 exempt
quantities. For purposes of this subclause, an instrument's source(s)
shall contain either one type or different types of radionuclides
and an individual exempt quantity shall be composed of fractional
parts of one or more of the exempt quantities in accordance with subsection
(l)(2) of this section, provided that the sum of such fractions shall
not exceed unity.
(IX) ionization chamber smoke detectors containing
not more than 1 µCi (37 kBq) of americium-241 per detector in
the form of a foil and designed to protect life and property from
fires.
(ii) Authority to transfer possession or control by
the manufacturer, processor, or producer of any equipment, device,
commodity, or other product containing source material or byproduct
material whose subsequent possession, use, transfer, and disposal
by all other persons are exempted from regulatory requirements may
be obtained only from the United States Nuclear Regulatory Commission,
Washington, DC 20555.
(iii) Any person who desires to apply radioactive material
to, or to incorporate radioactive material into, the products exempted
in clause (i) of this subparagraph, or who desires to initially transfer
for sale or distribution such products containing radioactive material,
shall apply for a specific license issued by the NRC in accordance
with Title 10, CFR, §32.14, which license states that the product
may be distributed by the licensee to persons exempt from the regulations
pursuant to clause (i) of this subparagraph.
(B) Self-luminous products containing tritium, krypton-85,
or promethium-147.
(i) Except for persons who manufacture, process, or
produce, or initially transfer for sale or distribution self-luminous
products containing tritium, krypton-85, or promethium-147, and except
as provided in clause (iii) of this subparagraph, any person is exempt
from this chapter if that person receives, possesses, uses, transfers,
owns, or acquires tritium, krypton-85, or promethium-147 in self-luminous
products manufactured, processed, produced, or initially transferred
in accordance with a specific license issued by the NRC in accordance
with Title 10, CFR, §32.22, which authorizes the initial transfer
of the product to persons who are exempt from regulatory requirements.
(ii) Any person who desires to manufacture, process,
or produce, or initially transfer for sale or distribution self-luminous
products containing tritium, krypton-85, or promethium-147 for use
under clause (i) of this subparagraph, should apply for:
(I) a specific license to be issued by the NRC in accordance
with Title 10, CFR, §32.22; and
(II) a certificate of registration to be issued by
the NRC in accordance with Title 10, CFR, §32.210.
(iii) The exemption in clause (i) of this subparagraph
does not apply to tritium, krypton-85, or promethium-147 used in products
for frivolous purposes or in toys or adornments.
(C) Gas and aerosol detectors containing radioactive
material.
(i) Except for persons who manufacture, process, produce,
or initially transfer for sale or distribution gas and aerosol detectors
containing radioactive material, any person is exempt from this chapter
to the extent that such person receives, possesses, uses, transfers,
owns, or acquires radioactive material in gas and aerosol detectors
designed to protect health, safety, or property.
(I) Detectors containing radioactive material shall
have been manufactured, processed, produced, or initially transferred
in accordance with a specific license issued by the NRC in accordance
with Title 10, CFR, §32.26.
(II) The specific license issued by the NRC in accordance
with Title 10, CFR, §32.26, authorizes the initial transfer of
the product for use to persons who are exempt from regulatory requirements.
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