(A) Any person is exempt from the
requirements in Chapter 3701:1-44 of the Administrative Code and from the
requirements for a license set forth in Chapter 3748. of the Revised Code and
the rules adopted thereunder 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 per cent ( 0.05 per cent) of the mixture, compound,
solution or alloy. The exemption contained in this paragraph does not include
byproduct material as defined in Chapter 3701:1-44 of the Administrative Code.
(B) Any person is exempt from the
requirements in Chapter 3701:1-44 of the Administrative Code and from the
requirements for a license set forth in Chapter 3748. of the Revised Code and
the rules adopted thereunder 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 in Chapter 3701:1-38 and Chapter
3701:1-44 of the Administrative Code and from the requirements for a license
set forth in Chapter 3748. of the Revised Code and the rules adopted thereunder
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 fifty 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 per cent by weight
thorium, uranium, or any combination of these; or
(g) Personnel neutron dosimeters, provided
that each dosimeter does not contain more than fifty 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 twenty per cent by weight source
material;
(b) Piezoelectric ceramic
containing not more than two per cent by weight source material;
(c) Glassware containing not more than
two per cent by weight source material or, for glass
ware manufactured before August 27, 2013, ten per cent by weight source
material; but not including commercially manufactured glass brick, pane glass,
ceramic tile, or other glass or ceramic used in construction;
(d) Glass enamel or glass enamel frit
containing not more than ten per cent 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.
(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 per cent by weight and that the exemption contained in this
subparagraph shall not be deemed to authorize the chemical, physical or
metallurgical treatment or processing of any such product or part;
and
(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";
(b) Each counterweight is durably and legibly labeled
or marked with the identification of the manufacturer, and the statement:
"Unauthorized Alterations Prohibited"; and
(c) The exemption
contained in this paragraph 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.
(d)
The requirements specified in paragraphs (C)(5)(a) and
(C)(5)(b)
of this rule 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 required by
10 C.F.R.
40.13(c)(5)(ii) in effect on
June 30, 1969.
(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 3.2
millimeter ( 0.125 inch).
(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 per cent by weight thorium or uranium or, for
lenses manufactured before August 27, 2013, thirty per cent 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 alteration of the lens or mirror;
or
(b) The receipt, possession,
use, or transfer, of uranium or
thorium 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 four per cent by weight.
(9) The exemptions in paragraph
(C) of this rule do not authorize the manufacture of any of the products
described.
(10)
No person may initially transfer for sale or
distribution a product containing source material to persons exempt under this
paragraph, or equivalent regulations of an "Agreement State," unless authorized
by a license issued by the United States nuclear regulatory commission to
initially transfer such products for sale or distribution. Persons authorized
by a license issued by the director, the United States nuclear regulatory
commission, or an agreement state to manufacture, process, or produce these
materials or products containing source material by the director or an
agreement state, and persons who import finished products or parts, for sale or
distribution must be authorized by a license issued by the United States
nuclear regulatory commission for distribution only and are exempt from the
requirements of Chapter 3701:1-38 and paragraphs (A)(2) and (A)(3) of rule
3701:1-44-15
of the Administrative Code.