Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
License requirements.
An application for a specific license to manufacture
industrial products and devices containing depleted uranium or to initially
transfer such products and devices, for use according to part 4731.0750 or
equivalent regulations of the NRC or an agreement state, shall be approved if
the applicant:
A. satisfies the
general requirements under part 4731.0765;
B. submits sufficient information relating to
the design, manufacture, prototype testing, quality control procedures,
labeling or marking, proposed uses, and potential hazards of the industrial
product or device to provide reasonable assurance that possession, use, or
transfer of the depleted uranium in the product or device is not likely to
cause any individual to receive in one year a radiation dose in excess of ten
percent of the annual limits specified in part 4731.2020, subpart 1;
and
C. submits sufficient
information regarding the industrial product or device and the presence of
depleted uranium for a mass-volume application in the product or device to
provide reasonable assurance that unique benefits will accrue to the public
because of the usefulness of the product or device.
Subp. 2.
Questionable benefits.
In the case of an industrial product or device whose unique
benefits are questionable, the commissioner shall approve an application for a
specific license under this part only if the product or device is found to
combine a high degree of utility and low probability of uncontrolled disposal
and dispersal of significant quantities of depleted uranium into the
environment.
Subp. 3.
End uses unforeseeable.
The commissioner may deny an application for a specific
license under this part if the end uses of the industrial product or device
cannot be reasonably foreseen.
Subp.
4.
License conditions.
A person licensed under this part must:
A. maintain the level of quality control
required by the license in the manufacture of the industrial product or device
and in the installation of the depleted uranium into the product or
device;
B. label or mark each unit
to:
(1) identify:
(a) the manufacturer or initial transferor of
the product or device;
(b) the
number of the license under which the product or device was manufactured or
initially transferred;
(c) the fact
that the product or device contains depleted uranium; and
(d) the quantity of depleted uranium in each
product or device; and
(2) state that receipt, possession, use, and
transfer of the product or device are subject to a general license or the
equivalent and to the regulations of the NRC or an agreement state;
C. ensure that the depleted
uranium, before being installed in each product or device, has been impressed
with the following legend clearly legible through any plating or other
covering: "Depleted Uranium";
D.
furnish a copy of:
(1) the general license
issued under part 4731.0750 and a copy of NRC Form 244 to each person to whom
the licensee transfers source material in a product or device for use according
to the general license issued under part 4731.0750;
(2) the general license issued under an NRC
or agreement state regulation equivalent to part 4731.0750 and a copy of the
NRC or agreement state certificate; or
(3) the general license issued under part
4731.0750 and a copy of NRC Form 244 to each person to whom the licensee
transfers source material in a product or device for use according to a general
license of the NRC or an agreement state, accompanied by a note explaining that
use of the product or device is regulated by the NRC or an agreement state
under requirements substantially the same as those in part 4731.0750;
and
E. report to the
commissioner all transfers of industrial products or devices to persons for use
under the general license issued under part 4731.0750. The report must be
submitted within 30 days after the end of each calendar quarter in which the
product or device is transferred to a generally licensed person. If no
transfers have been made to a person generally licensed under part 4731.0750
during the reporting period, the report must so indicate. The report must
identify:
(1) each general licensee by name
and address;
(2) an individual by
name or position who may constitute a point of contact between the commissioner
and the general licensee;
(3) the
type and model number of the device transferred; and
(4) the quantity of depleted uranium
contained in the product or device.
Subp. 5.
Record keeping.
A licensee must keep records for three years from the date of
transfer showing:
A. the name,
address, and point of contact for each general licensee to whom the licensee
transfers depleted uranium in industrial products or devices for use according
to the general license issued under part 4731.0750 or equivalent regulations of
the NRC or an agreement state;
B.
the date of each transfer;
C. the
quantity of depleted uranium in each product or device transferred;
and
D. compliance with the report
requirements of this part.
Subp.
6.
Emergency plan.
A licensee that is required to submit an emergency plan under
part 4731.0760 must follow the emergency plan approved by the commissioner. The
licensee:
A. may change the plan
without commissioner approval if the changes do not decrease the effectiveness
of the plan;
B. must furnish the
change to the commissioner within six months after the change is made;
and
C. may not implement proposed
changes that decrease the effectiveness of the approved emergency plan without
prior application to and prior approval by the commissioner.
Statutory Authority: MS s
144.1202;
144.1203
