(A) Any person is
exempt from
105 CMR
120.100 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%
(0.05%) of the mixture, compound, solution, or alloy.
(B) Any person is exempt from
105 CMR
120.100 to the extent that such 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.
(C) Any person is exempt from
105 CMR
120.100,
120.200
and
120.750
to the extent that such person receives, possesses, uses, or transfers:
(1) any quantities of thorium contained in:
(a) incandescent gas mantles;
(b) vacuum tubes;
(c) welding rods;
(d) electric lamps for illuminating purposes
provided that each lamp does not contain more than 50 milligrams of
thorium;
(e) germicidal lamps,
sunlamps, and lamps for outdoor or industrial lighting provided that each lamp
does not contain more than two grams of thorium;
(f) rare earth metals and compounds,
mixtures, and products containing not more than 0.25% by weight thorium,
uranium, or any combination of these; or
(g) personnel neutron dosimeters, provided
that each dosimeter does not contain more than 50 milligrams of
thorium;
(2) source
material contained in the following products:
(a) glazed ceramic tableware manufactured
before August 27, 2013, provided that the glaze contains not more than 20% by
weight source material;
(b)
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;
(c) 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
(d) piezoelectric ceramic containing not more
than 2% by weight source material.
(3) photographic film, negatives, and prints
containing uranium or thorium;
(4)
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% 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;
(5)
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:
(a) each counterweight has been impressed
with the following legend clearly legible through any plating or other
covering: "DEPLETED URANIUM"1;
(b) each counterweight is durably and legibly
labeled or marked with the identification of the manufacturer and the
statement: "UNAUTHORIZED ALTERATIONS PROHIBITED"1;
and
(c) 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.
(6) natural or depleted uranium metal used as
shielding constituting part of any shipping container, provided that:
(a) the shipping container is conspicuously
and legibly impressed with the legend "CAUTION - RADIOACTIVE SHIELDING -
URANIUM"; and
(b) the uranium metal
is encased in mild steel or equally fire resistant metal of minimum wall
thickness of c inch (3.2 mm);
(7) 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 this
exemption shall not be deemed to authorize either:
(a) 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
(b) the receipt,
possession, use, or transfer of thorium or uranium contained in contact lenses,
or in spectacles, or in eyepieces in binoculars or other optical
instruments.
(8) thorium
contained in any finished aircraft engine part containing nickel-thoria alloy,
provided that:
(a) the thorium is dispersed in
the nickel-thoria alloy in the form of finely divided thoria (thorium dioxide);
and
(b) the thorium content in the
nickel-thoria alloy does not exceed 4% by weight.
(D) The exemptions in 105 CMR
120.103(C) do not authorize the manufacture of any of the products
described.
(E) No person may
initially transfer for sale or distribution a product containing source
material to persons exempt under 105 CMR 120.103(C), or equivalent regulations
of the NRC or an Agreement State, unless authorized by a license issued by the
NRC under
10
CFR 40.52 to initially transfer such products
for sale or distribution. Persons authorized to manufacture, process, or
produce these materials or products containing source material under a specific
license issued by the Agency, and persons who import finished products or
parts, for sale or distribution must be authorized by a license issued by NRC
under
10
CFR 40.52 for distribution only and are
exempt from the requirements of 10 CFR 19, 20 and
40.32(b)
and (c).
1 The requirements specified in
105 CMR 120.103(C)(5)(a) and (b) 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 are
impressed with the legend, "CAUTION - RADIOACTIVE MATERIAL - URANIUM", as
previously required by 105 CMR 120.000.
