Current through Register Vol. 35, No. 6, March 26, 2024
A. Any person is exempt from the requirements
in this part to the extent that such person receives, possesses, uses,
transfers or delivers source material in any chemical mixture, compound,
solution or alloy in which the source material is by weight less than one
twentieth of one percent of the mixture, compound, solution or alloy. The
exemption contained in this subsection does not include byproduct
material as defined in Paragraph (2) of Subsection F of
20.3.1.7
NMAC.
B. Any person is exempt from
the requirements in this part 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 the requirements
for a license set forth in the Radiation Protection Act, Sections
74-3-1
through 16 NMSA 1978 and from the regulations in this part and in 10 CFR Parts
19, 20, and 21 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 one fourth of one percent 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 does not contain more than
twenty percent by weight source material;
(b) glassware, containing not more than two
percent by weight source material or, for glassware manufactured before August
27, 2013, ten percent by weight source material; but not including commercially
manufactured glass brick, pane glass, ceramic tile or other glass, glass enamel
or ceramic used in construction;
(c) glass enamel or glass enamel frit
containing not more than ten 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 (On July 25, 1983, the
exemption of glass enamel frit was suspended. The exemption was eliminated on
September 11, 1984); or
(d)
piezoelectric ceramic containing not more than two percent 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 or magnesium-thorium alloys,
provided that the thorium content of the alloy does not exceed four 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;
(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." (the requirements
specified in Subparagraphs (a) and (b) of this paragraph need not be met by
counterweights manufactured prior to December 31, 1969; provided, that such
counterweights are impressed with the legend, "caution - radioactive material -
uranium");
(b) each counterweight
is durably and legibly labeled or marked with the identification of the
manufacturer and the statement: "unauthorized alterations prohibited"; (the
requirements specified in Subparagraphs (a) and (b) of this paragraph need not
be met by counterweights manufactured prior to December 31, 1969; provided,
that such counterweights are impressed with the legend, "caution - radioactive
material - uranium");
(c) the
exemption contained in this paragraph shall not be deemed to authorize the
chemical, physical or metallurgical treatment or processing of such
counterweights other than repair or restoration of any plating or other
covering; and
(d) consistent with
10 CFR
40.56, the counterweights are not
manufactured for military purpose using Australian-obligated source
material;
(6) natural or
depleted uranium metal used as shielding constituting part of any shipping
container which 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 of an inch (3.2 millimeters);
(7) thorium or uranium contained in or on
finished optical lenses and mirrors, provided that each lens or mirror does not
contain more than ten percent by weight of thorium or uranium or, for lenses
manufactured before August 27, 2013, thirty percent by weight of thorium; and
that the exemption contained in this paragraph does not 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 alternation of the
lens; or
(b) the receipt,
possession, use or transfer of uranium or thorium contained in contact lenses,
spectacles, eyepieces in binoculars or other optical
instruments;
(8) 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
(9) 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 four percent by weight.
D. No person may
initially transfer for sale or distribution a product containing source
material to persons exempt in accordance with
10 CFR
40.13(c), or equivalent
regulations of an agreement state, unless authorized by a license issued
pursuant to
10
CFR 40.52 to initially transfer such products
for sale or distribution.
(1) Persons
initially distributing source material in products covered by the exemptions in
this paragraph
10 CFR
40.13(c) before August 27,
2013, without specific authorization may continue such distribution for 1 year
beyond this date. Initial distribution may also be continued until the NRC
commission takes final action on a pending application for license or license
amendment to specifically authorize distribution submitted no later than 1 year
beyond this date.
(2) Persons
authorized to manufacture, process, or produce these materials or products
containing source material by an agreement state, and persons who import
finished products of parts, for sale or distribution must be authorized by a
license issued pursuant to
10
CFR 40.52 for distribution only and are
exempt from the requirements of 10 CFR 19 and 10 CFR 20, and
10 CFR
40.32(b) and
(c).
E. The exemptions in Subsection C of this
section do not authorize the manufacture of any of the products
described.
1On July 25, 1983, the exemption
of glass enamel or glass enamel frit was suspended. The exemption was
eliminated on September 11, 1984.
2The requirements specified in
Subsection C (5)(a) and (b) of this section need not be met by counterweights
manufactured prior to Dec. 31, 1969, provided that such counterweights were
manufactured under a specific license issued by the atomic energy commission
and were impressed with the legend req uired by
10 CFR
40.13(c) (5)(ii) in effect
on June 30, 1969.
