Current through Register No. 40, October 3, 2024
(a) A general license is hereby issued to any
person to acquire, receive, possess, use, or transfer, in accordance with
provisions of He-P 4031.06(b), (c)
, and (d), radium-226 contained in the
following products manufactured prior to November 30, 2007.
(1) Antiquities originally intended for use
by the general public. For the purposes of
He-P
4031.06(a) (1) , antiquities mean
products originally intended for use by the general public and distributed in
the late 19th and early
20th centuries, such as radium emanator jars,
revigators, radium water jars, radon generators, refrigerator cards, radium
bath salts, and healing pads;
(2)
Intact timepieces containing greater than 37 kBq (1 microcurie), nonintact
timepieces, and timepiece hands and dials no longer installed in
timepieces;
(3) Luminous items
installed in air, marine, or land vehicles;
(4) All other luminous products, provided
that no more than 100 items are used or stored at the same location at any one
time;
(5) Small radium sources
containing no more than 37 kBq (1 microcurie) of radium-226. For the purposes
of He-P
4031.06(a) (5) , "small radium
sources" means discrete survey instrument check sources, sources contained in
radiation measuring instruments, sources used in educational demonstrations
(such as cloud chambers and spinthariscopes), electron tubes, lightning rods,
ionization sources, static eliminators, or as designated by the
DHHS/RHS.
(b) Persons
who acquire, receive, possess, use, or transfer byproduct material under the
general license issued in
He-P
4031.06(a) are exempt from the
provisions of He-P 4001.03, He-P 4019 through
He-P 4023, and He-P 4030.10(j)
, to the extent that the receipt, possession,
use, or transfer of byproduct material is within the terms of the general
license; provided, however, that this exemption shall not be deemed to apply to
any such person specifically licensed under He-P 4031.
(c) Any person who acquires, receives,
possesses, uses, or transfers byproduct material in accordance with the general
license in He-P 4031.06(a)
:
(1) Shall
notify the DHHS/RHS should there be any indication of possible damage to the
product so that it appears it could result in a loss of the radioactive
material. A report containing a brief description of the event, and the
remedial action taken, shall be furnished to the DHHS/RHS within 30
days;
(2) Shall not abandon
products containing radium-226. The product, and any radioactive material from
the product, shall be disposed of according to He-P 4023 or by transfer to a
person authorized by a specific license to receive the radium-226 in the
product or as otherwise approved by the DHHS/RHS;
(3) Shall not export products containing
radium-226 except in accordance with U.S. Nuclear Regulatory Commission 10 CFR
110;
(4) Shall dispose of products
containing radium-226 at a disposal facility authorized to dispose of
radioactive material in accordance with any federal or state solid or hazardous
waste law, including the Solid Waste Disposal Act, as authorized under the
Energy Policy of 2005, by transfer to a person authorized to receive radium-226
by a specific license issued under He-P 4030, or equivalent regulations of an
agreement state, or as otherwise approved by the U.S. Nuclear Regulatory
Commission;
(5) Shall respond to
written requests from the DHHS/RHS to provide information relating to the
general license within 30 calendar days of the date of the request, or other
time specified in the request. If the general licensee cannot provide the
requested information within the allotted time, the general licensee shall,
within the same time period, request a longer period to supply the information
by providing the DHHS/RHS, a written justification for the request.
(d) The general license in
He-P
4031.06(a) does not authorize the
manufacture, assembly, disassembly, repair, or import of products containing
radium-226, except that timepieces may be disassembled and repaired.
