Current through Register Vol. 48, No. 9, September 27, 2024
2.27.1 An
application for a specific license to manufacture industrial products and devices
containing depleted uranium for use pursuant to RHA 2.3.4 or equivalent regulations
of the U.S. Nuclear Regulatory Commission or an Agreement State will be approved if:
2.27.1.1 The applicant satisfies the requirements
specified in
RHA 2.6.
2.27.1.2 The applicant submits sufficient
information relating to the design, manufacture, prototype testing, quality control
procedures, labeling and marking, proposed uses, and potential hazards of the
industrial product or service to provide reasonable assurance that possession, use,
and transfer of the depleted uranium in the product or device is not likely to cause
any individual to receive in any period of one calendar quarter a radiation dose in
excess of 10 percent of the limits specified in the table in RHA 3.2.1.
2.27.1.3 The applicant 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.
2.27.2 In the case of an industrial product or
device whose unique benefits are questionable, the Department will approve an
application for a specific license under RHA 2.27 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.
2.27.3 The Department may
deny any application for a specific license under RHA 2.27 if the end use of the
industrial product or device cannot be reasonably foreseen.
2.27.4 Each person licensed pursuant to RHA 2.27.1
shall:
2.27.4.1 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;
2.27.4.2 Label or mark each unit
to: (a) identify the manufacturer of the product or device and the number of the
license under which the product or device was manufactured, the fact that the
product or device contains depleted uranium, and the quantity of depleted uranium in
each product or device; and (b) state the receipt, possession, use, and transfer of
the product or device are subject to a general license or the equivalent and the
regulations of the U.S. Nuclear Regulatory Commission or of an Agreement State;
2.27.4.3 Assure 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";
2.27.4.4 (a) Furnish a copy of
the general license contained in RHA 2.3.4 and a copy of Department Form RHA-100-2
to each person to whom he transfers depleted uranium in a product or device for use
pursuant to the general license contained in RHA 2.3.4; or (b) furnish a copy of the
general license contained in the U.S. Nuclear Regulatory Commission's or Agreement
State's regulation equivalent to RHA 2.3.4 and a copy of the U.S. Nuclear Regulatory
Commission's or Agreement State's certificate, or alternatively, furnish a copy of
the general license contained in RHA 2.3.4 and a copy of Department Form RHA-100-2
to each person to whom he transfers depleted uranium in a product or device for use
pursuant to the general license of the U.S. Nuclear Regulatory Commission or an
Agreement State, with a note explaining the use of the product or device is
regulated by the U.S. Regulatory Commission or an Agreement State under requirements
substantially the same as those in RHA 2.3.4.
2.27.4.5 Report to the Department all transfers of
industrial products or devices to persons for use under the general license in RHA
2.3.4. Such reports shall identify each general licensee by name and address, an
individual by name and/or position who may constitute a point of contact between the
Department and the general licensee, the type and model number of device
transferred, and the quantity of depleted uranium contained in the product or
device. The report shall be submitted within 30 days after the end of each calendar
quarter in which such a product or device is transferred to the generally licensed
person. If no transfers have been made to persons generally licensed under RHA 2.3.4
during the reporting period, the report shall so indicate;
2.27.4.6 Report to the U.S. Nuclear Regulatory
Commission all transfers of industrial products or devices to persons for use under
the U.S. Nuclear Regulatory Commission general license in Section40.25 of 10 CFR
Part 40. Report to the responsible agreement state agency all transfers of devices
manufactured and distributed pursuant to RHA 2.27 for use under a general license in
that state's regulations equivalent to RHA 2.3.4. Such reports shall identify each
general licensee by name and address, an individual by name and/or position who may
constitute a point of contact between the Department and the general licensee, and
the quantity of depleted uranium contained in the product or device. The report
shall be submitted within 30 days after the end of each calendar quarter in which
such product or device is transferred to the generally licensed person. If no
transfers have been made to the U.S. Nuclear Regulatory Commission licensee during
the reporting period, this information shall be reported to the U.S. Nuclear
Regulatory Commission. If no transfers have been made to the general licensees
within a particular agreement state during the reporting period, this information
shall be reported to the responsible agreement state agency.
2.27.4.7 Keep records showing the name, address,
and point of contact for each general licensee to whom he transfers depleted uranium
in industrial products or devices for use pursuant to the general licenses provided
in RHA 2.3.4 or equivalent regulations of the U.S. Nuclear Regulatory Commission or
of an Agreement State. The records shall show the date of each transfer, the
quantity of depleted uranium in each product or device transferred, and compliance
with the report requirements of this section.