Current through Reg. 50, No. 249, December 24, 2024
(1) Any person is exempt from this part to
the extent that such person receives, possesses, uses, owns 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 percent of the mixture,
compound, solution or alloy.
(2)
Any person is exempt from this part to the extent that such person receives,
possesses, uses or transfers unrefined and unprocessed or containing source
material; provided that, except as authorized in a specific license, such
person shall not refine or process such ore.
(3) Any person is exempt from this part to
the extent that such person receives, possesses, uses or transfers:
(a) Any quantities of thorium contained in:
1. Incandescent gas mantles,
2. Vacuum tubes,
3. Welding rods,
4. Electric lamps for illuminating purposes,
provided that each lamp does not contain more than 50 milligrams of thorium,
5. Germicidal lamps, sunlamps and
lamps for outdoor or industrial lighting provided that each lamp does not
contain more than 2 grams of thorium,
6. Rare earth metals and compounds, mixtures
and products containing not more than 0.25 percent by weight thorium, uranium,
or any combination of these, or
7.
Personnel neutron dosimeters, provided that each dosimeter does not contain
more than 50 milligrams of thorium.
(b) Source material contained in the
following products:
1. Glazed ceramic
tableware, provided that the glaze contains not more than 20 percent by weight
source material,
2. Glassware
containing not more than 10 percent by weight source material, but not
including commercially manufactured glass brick, ceramic tile or other glass,
or ceramic used in construction,
3.
Glass enamel or glass enamel frit containing not more than 10 percent 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
4. Piezoelectric ceramic
containing not more than 2 percent by weight source
material,
(c)
Photographic film, negatives, and prints containing uranium or
thorium;
(d) Any finished product
or part fabricated of, or containing, tungsten-thorium or magnesium-thorium
alloys, provided that the thorium content of the alloy does not exceed 4
percent by weight and that this exemption 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:
1. The
counterweights are manufactured in accordance with a specific license issued by
the U.S. Nuclear Regulatory Commission, authorizing distribution by the
licensee pursuant to 10 C.F.R. Part 40 ,
2. Each counterweight has been impressed with
the following legend clearly legible through any plating or other covering:
"Depleated Uranium" or "Caution - Radioactive Material - Uranium" if
manufactured prior to December 31, 1969,
3. Each counterweight is durably and legibly
labeled or marked with the identification of the manufacturer and the
statement: "Unauthorized Alterations Prohabited", unless manufactured prior to
December 31, 1969, and impressed with the legend "Caution - Radioactive
Material - Uranium."
4. This
exemption 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 metal used as
shielding constituting part of any shipping container provided that the
shipping container is conspicuously and legibly impressed with the legend
"Caution - Radioactive shielding - Uranium"; and the uranium metal is encased
in mild steel or equally fire resistant metal of minimum wall thickness of
one-eighth inch (3.2 mm).
(g)
Thorium contained in finished optical lenses, provided that each lens does not
contain more than 30 percent by weight of thorium, and that this exemption
shall not be deemed to authorize either:
1.
The shaping, grinding, or polishing of such lens or manufacturing processes
other than the assembly of such lens into optical systems and devices without
any alterations of the lens, or
2.
The receipt, possession, use or transfer of thorium contained in contact
lenses, or in spectacles, or in eyepieces in binoculars or 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 of uranium, or
(i) Thorium contained in any finished
aircraft engine part containing nickel-thoria alloy, provided that:
1. The thorium is dispersed in the
nickel-thoria alloy in the form of finely divided thoria or thorium dioxide;
and,
2. The thorium content in the
nickel-thoria alloy does not exceed 4 percent by
weight.
(4) The
exemptions in this section do not authorize the manufacture of any of the
products described.
Rulemaking Authority 404.051, 404.061 FS. Law Implemented
404.022, 404.051(1), (4), 404.141 FS.
New 7-17-85, Amended 4-4-89, Formerly
10D-91.302.