Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Exempt products.
Except for persons who apply radioactive material to or
incorporate radioactive material into the following products or persons who
initially transfer for sale or distribution the following products containing
radioactive material, a person is exempt from parts 4731.3000 to 4731.7280 to
the extent that the person receives, possesses, uses, transfers, owns, or
acquires the following products:
A.
timepieces or hands or dials of timepieces that:
(1) contain not more than the following
specified quantities of radioactive material:
(a) 25 millicuries of tritium per
timepiece;
(b) five millicuries of
tritium per hand;
(c) 15
millicuries of tritium per dial (bezels, when used, are considered part of the
dial);
(d) 100 microcuries of
promethium-147 per watch or 200 microcuries of promethium-147 per any other
timepiece;
(e) 20 microcuries of
promethium-147 per watch hand or 40 microcuries of promethium-147 per other
timepiece hand;
(f) 60 microcuries
of promethium-147 per watch dial or 120 microcuries of promethium-147 per any
other timepiece dial (bezels, when used, are considered as part of the
dial);
(g) one microcurie (0.037
MBq) of radium-226 per timepiece in intact timepieces manufactured prior to
November 30, 2007; and
(2) do not exceed the following levels of
radiation. The levels of radiation from hands and dials containing
promethium-147 must not exceed, when measured through 50 milligrams per square
centimeter of absorber:
(a) for wrist watches,
0.1 millirad per hour at ten centimeters from any surface;
(b) for pocket watches, 0.1 millirad per hour
at one centimeter from any surface; or
(c) for any other timepiece, 0.2 millirad per
hour at ten centimeters from any surface;
B.
(1)
static elimination devices which contain, as a sealed source or sources,
by-product material consisting of a total of not more than 18.5 MBq (500
µCi) of polonium-210 per device;
(2) ion-generating tubes designed for
ionization of air that contain, as a sealed source or sources, by-product
material consisting of a total of not more than 18.5 MBq (500ìCi) of
polonium-210 per device or of a total of not more than 1.85 GBq (50 mCi) of
hydrogen-3 (tritium) per device; and
(3) devices in subitems (1) and (2)
authorized before December 31, 2014, for use under a general license, that were
manufactured, tested, and labeled by the manufacturer in accordance with the
specifications contained in a specific license issued by the commissioner, the
NRC, or an agreement state.
C. balances of
precision containing not more than one millicurie of tritium per balance or not
more than 0.5 millicurie of tritium per balance part manufactured before
December 17, 2007;
D. marine compasses containing not more than 750
millicuries of tritium gas and other marine navigational instruments containing
not more than 250 millicuries of tritium gas manufactured before December 17,
2007;
E. ionization chamber smoke detectors containing not
more than one microcurie (ìCi) of americium-241 per detector in the form
of a foil and designed to protect life and property from fires;
F.
electron tubes. For purposes of this item, "electron tubes" include spark gap
tubes, power tubes, gas tubes including glow lamps, receiving tubes, microwave
tubes, indicator tubes, pickup tubes, radiation detection tubes, and any other
completely sealed tube that is designed to conduct or control electrical
currents. The exemption under this item applies only if the levels of radiation
from each electron tube containing radioactive material do not exceed one
millirad per hour at one centimeter from any surface when measured through
seven milligrams per square centimeter of absorber and if each tube does not
contain more than one of the following specified quantities of radioactive
materials:
(1) 150 millicuries of tritium per
microwave receiver protector tube or ten millicuries of tritium per any other
electron tube;
(2) one microcurie
of cobalt-60;
(3) five microcuries
of nickel-63;
(4) 30 microcuries of
krypton-85;
(5) five microcuries of
cesium-137; or
(6) 30 microcuries
of promethium-147; or
G. ionizing radiation
measuring instruments containing, for purposes of internal calibration or
standardization, one or more sources of radioactive material. For purposes of
this item, an instrument's source may contain either one type or different
types of radionuclides and an individual exempt quantity may be composed of
fractional parts of one or more of the exempt quantities in part 4731.3145,
provided that the sum of the fractions does not exceed unity. For purposes of
this item, 0.05 microcurie of americium-241 is an exempt quantity under part
4731.3145. The exemption under this item applies only if:
(1) each source contains no more than one
exempt quantity under part 4731.3145; and
(2) each instrument contains no more than ten
exempt quantities.
Subp.
2.
Specific license required.
A person who desires to apply radioactive material to or
incorporate radioactive material into the products exempted under subpart 1 or
who desires to initially transfer for sale or distribution such products
containing radioactive material must apply for a specific license under Code of
Federal Regulations, title 10, section 32.14, which license states that the
product may be distributed by the licensee to persons exempt under subpart
1.