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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 289RADIATION CONTROL
SUBCHAPTER FLICENSE REGULATIONS
RULE §289.251Exemptions, General Licenses, and General License Acknowledgements

and (iii) of this subparagraph. However, this exemption does not apply to any person who also holds a specific license issued under §289.252 of this title.

      (v) No person may initially transfer or distribute source material to persons generally licensed as specified in clause (i)(I) or (II) of this subparagraph, or equivalent regulations of any agreement state, unless authorized by a specific license issued in accordance with §289.252(cc)(6)(A) of this title or equivalent regulations of the NRC or any agreement state. This prohibition does not apply to analytical laboratories returning processed samples to the client who initially provided the sample. Initial distribution of source material to persons generally licensed by clause (i) of this subparagraph may be continued until the NRC takes final action on a pending application for license or license amendment to specifically authorize distribution submitted on or before August 27, 2014.

    (B) A general license is issued to own source material without regard to quantity. This general license does not authorize any person to receive, possess, use or transfer source material.

    (C) A general license is issued to mine, transport, and transfer ores containing source material without regard to quantity. In addition to the provisions of subsection (f) of this section, persons who mine, transport, and transfer ores containing source material in accordance with this section shall comply with the provisions of §289.202(n) and (ff) of this title.

    (D) A general license is issued to receive, acquire, possess, use, or transfer depleted uranium contained in products or devices for the purpose of providing shielding, including beam shaping and collimation, in accordance with clauses (i) - (iv) of this subparagraph.

      (i) The general license in this paragraph applies only to products or devices that have been manufactured either in accordance with a specific license issued by the agency to the manufacturer of the products or devices in accordance with §289.252(s) of this title or in accordance with a specific license issued to the manufacturer by another agreement state or the NRC that authorizes manufacture of the products or devices for distribution to persons generally licensed by another agreement state or the NRC.

      (ii) Persons who receive, acquire, possess, or use depleted uranium in accordance with the general license in this paragraph shall notify the agency within 30 days after the first receipt of acquisition of such depleted uranium. The general licensee shall furnish the following information and such other information as may be required by the agency:

        (I) name and address of the general licensee;

        (II) a statement that the general licensee has developed and will maintain procedures designed to establish physical control over the depleted uranium in accordance with this paragraph and designed to prevent transfer of such depleted uranium in any form, including metal scrap, to persons not authorized to receive the depleted uranium; and

        (III) name and/or title, address, and telephone number of the individual duly authorized to act for and on behalf of the general licensee in supervising the procedures identified in clause (ii) of this subparagraph.

      (iii) The general licensee possessing or using depleted uranium in accordance with the general license in this paragraph shall report in writing to the agency any changes in information furnished by the general licensee. The report shall be submitted within 30 days after the effective date of such change.

      (iv) A person who receives, acquires, possesses, or uses depleted uranium in accordance with the general license in this paragraph:

        (I) shall not introduce such depleted uranium, in any form, into a chemical, physical, or metallurgical treatment or process, except a treatment or process for repair or restoration of any plating or other covering of the depleted uranium;

        (II) shall not abandon such depleted uranium;

        (III) shall transfer or dispose of such depleted uranium only in accordance with the provisions of §289.252(cc) of this title. In the case where the transferee receives the depleted uranium in accordance with the general license in this paragraph or equivalent rule of the NRC or an agreement state, the transferor shall furnish the transferee a copy of this paragraph;

        (IV) within 30 days of transfer, shall report in writing to the agency the name and address of the person receiving the depleted uranium in accordance with such transfer; and

        (V) shall not export such depleted uranium except in accordance with a license issued by the NRC in accordance with Title 10, CFR, Part 110.

      (v) Any person receiving, acquiring, possessing, using, or transferring depleted uranium in accordance with the general license in this paragraph is exempt from the requirements of §289.202 of this title and §289.203 of this title with respect to the depleted uranium covered by that general license.

  (4) General licenses for radioactive material other than source material.

    (A) General licenses for static elimination devices and ion generating tubes. A general license is issued to transfer, receive, acquire, possess, and use radioactive material incorporated in the devices or equipment specified in the following clauses (i) and (ii) of this paragraph that have been manufactured, tested, and labeled by the manufacturer in accordance with a specific license issued to the manufacturer by the NRC. In addition to the provisions of subsection (f) of this section, this general license is subject to the provisions of subsection (e)(1)(B) of this section and §289.252(cc) of this title:

      (i) static elimination devices designed for use as static eliminators that contain, as a sealed source or sources, radioactive material totaling not more than 500 µCi (18.5 MBq) of polonium-210 per device; or

      (ii) ion generating tubes designed for ionization of air that contain, as a sealed source or sources, radioactive material totaling not more than 500 µCi (18.5 MBq) of polonium-210 per device or a total of not more than 50 mCi (1.85 GBq) of tritium per device.

    (B) General license for luminous safety devices for aircraft.

      (i) A general license is issued to receive, acquire, possess, and use tritium or promethium-147 contained in luminous safety devices for use in aircraft, provided:

        (I) each device contains not more than 10 curies (Ci) (370 GBq) of tritium or 300 mCi (11.1 GBq) of promethium-147; and

        (II) each device has been manufactured, assembled, or initially transferred in accordance with a specific license issued by the NRC, or each device has been manufactured or assembled in accordance with the specifications contained in a specific license issued by the agency or any agreement state that authorizes the manufacture or assembly of the device to persons generally licensed by the agency or an agreement state.

      (ii) The general license in clause (i) of this subparagraph does not authorize the manufacture, assembly, or repair of luminous safety devices containing tritium or promethium-147.

      (iii) The general license in clause (i) of this subparagraph does not authorize the receipt, acquisition, possession, or use of tritium or promethium-147 contained in instrument dials.

    (C) General license for ownership of radioactive material. A general license is issued to own radioactive material without regard to quantity. Notwithstanding any other provisions of this section, this general license does not authorize the manufacture, production, transfer, receipt, possession, or use of radioactive material.

    (D) General license for calibration, stabilization, and reference sources.

      (i) A general license is issued to own, receive, acquire, possess, use, and transfer, in accordance with the provisions of clauses (ii) and (iii) of this subparagraph, americium-241, plutonium, and/or radium-226, in the form of calibration, stabilization, or reference sources to any person who holds a specific license issued by the:

        (I) agency that authorizes that person to receive, possess, use, and transfer radioactive material; and

        (II) NRC that authorizes that person to receive, possess, use, and transfer radioactive material.

      (ii) The general license in clause (i) of this subparagraph applies only to calibration, stabilization, or reference sources that have been manufactured or initially transferred in accordance with the specifications contained in a specific license issued to the manufacturer or importer of the sources by the NRC in accordance with Title 10, CFR, §32.57 or Title 10, CFR, §70.39 or that have been manufactured or initially transferred in accordance with the authorizations contained in a specific license issued to the manufacturer by the agency or any agreement state, in accordance with licensing requirements equivalent to those contained in Title 10, CFR, §32.57 or Title 10, CFR, §70.39.

Cont'd...

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