Section R313-22-75 - Special Requirements for a Specific License to Manufacture, Assemble, Repair, or Distribute Commodities, Products, or Devices That Contain Radioactive Material(1) Licensing the introduction of radioactive material in exempt concentrations into products or materials, and transfer of ownership or possession of the products and materials.(a) The authority to introduce radioactive material in exempt concentrations into equipment, devices, commodities or other products may be received only from the Nuclear Regulatory Commission, Washington, D.C. 20555; and(b) The manufacturer, processor or producer of equipment, devices, commodities or other products containing exempt concentrations of radioactive materials may get the authority to transfer possession or control of the equipment, devices, commodities, or other products containing exempt concentrations to a person who is exempt from regulatory requirements only from the Nuclear Regulatory Commission, Washington, D.C. 20555.(2) Licensing the distribution of radioactive material in exempt quantities. Authority to transfer possession or control by the manufacturer, processor or producer of equipment, devices, commodities or other products containing byproduct material whose subsequent possession, use, transfer, and disposal by another person who is exempted from regulatory requirements may be received only from the Nuclear Regulatory Commission, Washington, D.C. 20555.(4) Licensing the manufacture and distribution of devices to a person generally licensed under Subsection R313-21-22(4). (a) An application for a specific license to manufacture or distribute devices containing radioactive material, excluding special nuclear material, to a person generally licensed under Subsection R313-21-22(4) or equivalent regulations of the Nuclear Regulatory Commission, an Agreement State or a Licensing State will be approved if: (i) the applicant satisfies the general requirements of Section R313-22-33;(ii) the applicant submits sufficient information relating to the design, manufacture, prototype testing, quality control, labels, proposed uses, installation, servicing, leak testing, operating and safety instructions, and potential hazards of the device to provide reasonable assurance that:(A) the device can be safely operated by a person not having training in radiological protection;(B) under ordinary conditions of handling, storage, and use of the device, the radioactive material contained in the device will not be released or inadvertently removed from the device, and it is unlikely that a person will receive in one year, a dose more than 10% of the annual limits specified in Subsection R313-15-201(1); and(C) under accident conditions, such as fire and explosion, associated with handling, storage, and use of the device, it is unlikely that a person would receive an external radiation dose or dose commitment more than the organ doses shown in Table 2; TABLE 2 |
Whole body, head and truck, active blood forming organs, gonads, or lens of the eye | 150.0mSv, 15 rems |
Hands and forearms, feet and ankles, localized areas of skin averaged over areas no larger than one square centimeter | 2.0 Sv, 200 rems |
Other organs | 500.0 mSv, 50 rems |
(iii) each device bears a durable, legible, clearly visible label or labels approved by the director, which contain in a clearly identified and separate statement:(A) instructions and precautions necessary to assure safe installation, operation, and servicing of the device; documents such as operating and service manuals may be identified in the label and used to provide this information;(B) the requirement, or lack of requirement, for leak testing, or for testing an "on-off" mechanism and indicator, including the maximum time interval for testing, and the identification of radioactive material by radionuclide, quantity of radioactivity, and date of determination of the quantity; and(C) the information called for in one of the statements in either Subsection R313-22-75(4)(a)(iii)(C)(I) or R313-22-75(4)(a)(iii)(C)(II), as appropriate, in this or substantially similar form: (I) "The receipt, possession, use and transfer of this device, Model No. ........, Serial No. ............, are subject to a general license or the equivalent, and the regulations of the Nuclear Regulatory Commission or a state with which the Nuclear Regulatory Commission has entered into an agreement for the exercise of regulatory authority. This label shall be maintained on the device in a legible condition. Removal of this label is prohibited." The label shall be printed with the words "CAUTION -RADIOACTIVE MATERIAL" and the name of the manufacturer or distributor shall appear on the label. The model, serial number, and name of the manufacturer or distributor may be omitted from this label provided the information is elsewhere specified in labeling affixed to the device; or(II) "The receipt, possession, use and transfer of this device, Model No. ........., Serial No. ............., are subject to a general license or the equivalent, and the regulations of a Licensing State. This label shall be maintained on the device in a legible condition. Removal of this label is prohibited." The label shall be printed with the words "CAUTION - RADIOACTIVE MATERIAL" and the name of the manufacturer or distributor shall appear on the label. The model, serial number, and name of the manufacturer or distributor may be omitted from this label provided the information is elsewhere specified in labeling affixed to the device;(iv) each device having a separable source housing that provides the primary shielding for the source also bears, on the source housing, a durable label containing the device model number and serial number, the isotope and quantity, the words, "Caution-Radioactive Material," the radiation symbol described in Section R313-15-901, and the name of the manufacturer or initial distributor;(v) each device meeting the criteria of Subsection R313-21-22(4)(c)(xiii)(A), bears a permanent label, for example, embossed, etched, stamped, or engraved, affixed to the source housing if separable, or the device if the source housing is not separable, that includes the words, "Caution-Radioactive Material," and, if practicable, the radiation symbol described in Section R313-15-901; and(vi) the device has been registered in the Sealed Source and Device Registry.(b) In the event the applicant desires that the device be required to be tested at intervals longer than six months, either for proper operation of the "on-off" mechanism and indicator, if any, or for leakage of radioactive material or for both, the applicant shall include in the application sufficient information to demonstrate that a longer interval is justified by performance characteristics of the device or similar devices and by design features that have a significant bearing on the probability or consequences of leakage of radioactive material from the device or failure of the "on-off" mechanism and indicator. In determining the acceptable interval for the test for leakage of radioactive material, the director will consider information that includes:(i) primary containment, or source capsule;(ii) protection of primary containment;(iii) method of sealing containment;(iv) containment construction materials;(v) form of contained radioactive material;(vi) maximum temperature withstood during prototype tests;(vii) maximum pressure withstood during prototype tests;(viii) maximum quantity of contained radioactive material;(ix) radiotoxicity of contained radioactive material; and(x) operating experience with identical devices or similarly designed and constructed devices.(c) In the event the applicant desires that the general licensee under Subsection R313-21-22(4), or under equivalent regulations of the Nuclear Regulatory Commission, an Agreement State or a Licensing State be authorized to install the device, collect the sample to be analyzed by a specific licensee for leakage of radioactive material, service the device, test the "on-off" mechanism and indicator, or remove the device from installation, the applicant shall include in the application written instructions to be followed by the general licensee, estimated calendar quarter doses associated with this activity or activities, and basis for these estimates. The submitted information shall demonstrate that performance of this activity or activities by an individual untrained in radiological protection, in addition to other handling, storage, and use of devices under the general license, is unlikely to cause that individual to receive a dose more than 10% of the annual limits specified in Subsection R313-15-201(1).(d)(i) If a device containing radioactive material is to be transferred for use under the general license contained in Subsection R313-21-22(4), each person that is licensed under Subsection R313-22-75(4) shall provide the information specified in Subsections R313-22-75(4)(d)(i)(A) through R313-22-75(4)(d)(i)(E) to each person to whom a device is to be transferred. This information shall be provided before the device may be transferred. In the case of a transfer through an intermediate person, the information shall also be provided to the intended user before initial transfer to the intermediate person. The required information includes: (A) a copy of the general license contained in Subsection R313-21-22(4). If Subsections R313-21-22(4)(c)(ii) through R313-21-22(4)(c)(iv) or R313-21-22(4)(c)(xiii) do not apply to the particular device, those paragraphs may be omitted;(B) a copy of Sections R313-12-51, R313-15-1201, and R313-15-1202;(C) a list of services that can only be performed by a specific licensee;(D) information on acceptable disposal options including estimated costs of disposal; and(E) an indication that the director's policy is to issue civil penalties for improper disposal.(ii) If radioactive material is to be transferred in a device for use under an equivalent general license of the Nuclear Regulatory Commission, an Agreement State, or Licensing State, each person that is licensed under Subsection R313-22-75(4) shall provide the information specified in Subsections R313-22-75(4)(d)(ii)(A) through R313-22-75(4)(d)(ii)(D) to each person to whom a device is to be transferred. This information shall be provided before the device may be transferred. In the case of a transfer through an intermediate person, the information shall also be provided to the intended user before initial transfer to the intermediate person. The required information includes:(A) a copy of an Agreement State's or Licensing State's regulations equivalent to Sections R313-12-51, R313-15-1201, R313-15-1202, and Subsection R313-21-22(4) or a copy of 10 CFR 31.5, 10 CFR 31.2, 10 CFR 30.51, 10 CFR 20.2201, and 10 CFR 20.2202. If a copy of the Nuclear Regulatory Commission regulations is provided to a prospective general licensee in lieu of the Agreement State's or Licensing State's regulations, it shall be accompanied by a note explaining that use of the device is regulated by the Agreement State or Licensing State. If certain paragraphs of the regulations do not apply to the particular device, those paragraphs may be omitted;(B) a list of services that can only be performed by a specific licensee;(C) information on acceptable disposal options including estimated costs of disposal; and(D) the name or title, address, and phone number of the contact at the Nuclear Regulatory Commission, Agreement State, or Licensing State where additional information may be received.(iii) An alternative approach to informing customers may be proposed by the licensee for approval by the director.(iv) Each device that is transferred after February 19, 2002, shall meet the labeling requirements in Subsection R313-22-75(4)(a)(iii).(v) If a notification of bankruptcy has been made under Section R313-19-34 or the license is to be terminated, each person licensed under Subsection R313-22-75(4) shall provide, upon request, to the Director, the Nuclear Regulatory Commission, or an appropriate Agreement State or Licensing State, records of final disposition required under Subsection R313-22-75(4)(d)(vii)(H).(vi) Each person licensed under Subsection R313-22-75(4) to initially transfer devices to a generally licensed person shall comply with the requirements of Subsections R313-22-75(4)(d)(vi) and R313-22-75(4)(d)(vii). (A) The person shall report each transfer of devices to a person for use under the general license under Subsection R313-21-22(4) and each receipt of devices from a person licensed under Subsection R313-21-22(4) to the director. The report shall be submitted on a quarterly basis on Form 653, "Transfers of Industrial Devices Report" as prescribed by the Nuclear Regulatory Commission, or in a clear and legible report containing the data required by the form.(B) The required information for transfers to general licensees includes: (I) the identity of each general licensee by name and mailing address for the location of use. If there is no mailing address for the location of use, an alternative address for the general licensee shall be submitted along with information on the actual location of use;(II) the name, title, and phone number of the person identified by the general licensee as having knowledge of and authority to take required actions to ensure compliance with the appropriate rules, regulations and requirements;(III) the date of transfer;(IV) the type, model number, and serial number of device transferred; and(V) the quantity and type of radioactive material contained in the device.(C) If one or more intermediate persons will temporarily have the device at the intended place of use before its possession by the user, the report shall include the information required by Subsection R313-22-74(4)(d)(vi)(B) for both the intended user and each intermediate person, and clearly designate the intermediate person.(D) For devices received from a Subsection R313-21-22(4) general licensee, the report shall include the identity of the general licensee by name and address, the type, model number, and serial number of the device received, the date of receipt, and, in the case of devices not initially transferred by the reporting licensee, the name of the manufacturer or initial transferor.(E) If the licensee makes changes to a device possessed by a Subsection R313-21-22(4) general licensee that would require the label to be changed to update required information, the report shall identify the general licensee, the device, and the changes to information on the device label.(F) The report shall cover each calendar quarter, shall be filed within 30 days of the end of the calendar quarter, and shall clearly state the period covered by the report.(G) The report shall clearly identify the specific licensee submitting the report and include the license number of the specific licensee.(H) If no transfers have been made to or from a person generally licensed under Subsection R313-21-22(4) during the reporting period, the report shall so state.(vii) The person shall report each transfer of devices to a person for use under a general license in the Nuclear Regulatory Commission's, an Agreement State's, or Licensing State's regulations that are equivalent to Subsection R313-21-22(4) and each receipt of devices from general licensees in the Nuclear Regulatory Commission's, Agreement State's, or Licensing State's jurisdiction to the Nuclear Regulatory Commission, or to the responsible Agreement State or Licensing State agency. The report shall be submitted on Form 653, "Transfers of Industrial Devices Report" as prescribed by the Nuclear Regulatory Commission, or in a clear and legible report containing the data required by the form.(A) The required information for transfers to general licensee includes:(I) the identity of each general licensee by name and mailing address for the location of use. If there is no mailing address for the location of use, an alternative address for the general licensee shall be submitted along with information on the actual location of use;(II) the name, title, and phone number of the person identified by the general licensee as having knowledge of and authority to take required actions to ensure compliance with the appropriate rules, regulations and requirements;(III) the date of transfer;(IV) the type, model number, and serial number of the device transferred; and(V) the quantity and type of radioactive material contained in the device.(B) If one or more intermediate persons will temporarily have the device at the intended place of use before its possession by the user, the report shall include the information required by Subsection R313-22-75(4)(d)(vii)(A) for both the intended user and each intermediate person, and clearly designate the intermediate person.(C) For devices received from a general licensee, the report shall include the identity of the general licensee by name and address, the type, model number, and serial number of the device received, the date of receipt, and, in the case of devices not initially transferred by the reporting licensee, the name of the manufacturer or initial transferor.(D) If the licensee makes changes to a device possessed by a general licensee that would require the label to be changed to update required information, the report shall identify the general licensee, the device, and the changes to information on the device label.(E) The report shall cover each calendar quarter, shall be filed within 30 days of the end of the calendar quarter, and shall clearly state the period covered by the report.(F) The report shall clearly identify the specific licensee submitting the report and shall include the license number of the specific licensee.(G) If no transfers have been made to or from a Nuclear Regulatory Commission licensee, or to or from a particular Agreement State or Licensing State licensee during the reporting period, this information shall be reported to the Nuclear Regulatory Commission or the responsible Agreement State or Licensing State agency upon request of the agency.(H) The person shall maintain any information concerning transfers and receipts of devices that supports the reports required by Subsection R313-22-75(4)(d)(vii). Records required by Subsection R313-22-75(4)(d)(vii)(H) shall be maintained for a period of three years following the date of the recorded event.(5) Special requirements for the manufacture, assembly, or repair of luminous safety devices for use in aircraft. An application for a specific license to manufacture, assemble or repair luminous safety devices containing tritium or promethium-147 for use in aircraft for distribution to a person generally licensed under Subsection R313-21-22(5) will be approved if:(a) the applicant satisfies the general requirements of Section R313-22-33; and(b) the applicant satisfies the requirements of 10 CFR 32.53 through 32.56 (2015) or their equivalent.(6) Special requirements for license to manufacture or initially transfer calibration sources containing americium-241, plutonium or radium-226 for distribution to a person generally licensed under Subsection R313-21-22(7). An application for a specific license to manufacture calibration and reference sources containing americium-241, plutonium or radium-226 to a person generally licensed under Subsection R313-21-22(7) will be approved if: (a) the applicant satisfies the general requirements of Section R313-22-33; and(b) the applicant satisfies the requirements of 10 CFR 32.57 through 32.59, and 10 CFR 70.39 (2015), or their equivalent.(7) Manufacture and distribution of radioactive material for certain in vitro clinical or laboratory testing under general license. An application for a specific license to manufacture or distribute radioactive material for use under the general license of Subsection R313-21-22(9) will be approved if: (a) the applicant satisfies the general requirements specified in Section R313-22-33;(b) the radioactive material is to be prepared for distribution in prepackaged units of: (i) iodine-125 in units not exceeding 370 kilobecquerel, ten uCi, each;(ii) iodine-131 in units not exceeding 370 kilobecquerel, ten uCi, each;(iii) carbon-14 in units not exceeding 370 kilobecquerel, ten uCi, each;(iv) hydrogen-3, tritium, in units not exceeding 1.85 megabecquerel, 50 uCi, each;(v) iron-59 in units not exceeding 740.0 kilobecquerel, 20 uCi, each;(vi) cobalt-57 in units not exceeding 370 kilobecquerel, ten uCi, each;(vii) selenium-75 in units not exceeding 370 kilobecquerel, ten uCi, each; or(viii) mock iodine-125 in units not exceeding 1.85 kilobecquerel, 0.05 uCi, of iodine-129 and 1.85 kilobecquerel, 0.05 uCi, of americium-241 each; and(c) prepackaged units bear a durable, clearly visible label:(i) identifying the radioactive contents as to chemical form and radionuclide, and indicating that the amount of radioactivity does not exceed 370 kilobecquerel, ten uCi, of iodine-125, iodine-131, carbon-14, cobalt-57, or selenium-75; 1.85 megabecquerel, 50 uCi, of hydrogen-3, tritium; 740.0 kilobecquerel, 20 uCi, of iron-59; or Mock Iodine-125 in units not exceeding 1.85 kilobecquerel, 0.05 uCi, of iodine-129 and 1.85 kilobecquerel, 0.05 uCi, of americium-241 each; and(ii) displaying the radiation caution symbol described in Section R313-15-901 and the words, "CAUTION, RADIOACTIVE MATERIAL," and "Not for Internal or External Use in Humans or Animals";(d) one of the statements in either Subsection R313-22-75(7)(d)(i) or R313-22-75(7)(d)(ii), as appropriate, or a substantially similar statement that contains the information called for in one of the statements in either Subsection R313-22-75(7)(d)(i) or R313-22-75(7)(d)(ii), appears on a label affixed to each prepackaged unit or appears in a leaflet or brochure that accompanies the package: (i) "This radioactive material shall be received, acquired, possessed and used only by physicians, veterinarians, clinical laboratories or hospitals and only for in vitro clinical or laboratory tests not involving internal or external administration of the material, or the radiation therefrom, to human beings or animals. Its receipt, acquisition, possession, use and transfer are subject to the regulations and a general license of the Nuclear Regulatory Commission or of a state that the Nuclear Regulatory Commission has entered into an agreement for the exercise of regulatory authority. .....................
Name of Manufacturer"; or
(ii) "This radioactive material shall be received, acquired, possessed and used only by physicians, veterinarians, clinical laboratories or hospitals and only for in vitro clinical or laboratory tests not involving internal or external administration of the material, or the radiation therefrom, to human beings or animals. Its receipt, acquisition, possession, use and transfer are subject to the regulations and a general license of a Licensing State. .....................
Name of Manufacturer"; and
(e) the label affixed to the unit, or the leaflet or brochure that accompanies the package, contains adequate information as to the precautions to be observed in handling and storing radioactive material. In the case of the Mock Iodine-125 reference or calibration source, the information accompanying the source shall also contain directions to the licensee regarding the waste disposal requirements set out in Section R313-15-1001.(8) Licensing the manufacture and distribution of ice detection devices. An application for a specific license to manufacture and distribute ice detection devices to a person generally licensed under Subsection R313-21-22(10) will be approved if:(a) the applicant satisfies the general requirements of Section R313-22-33; and(b) the criteria of 10 CFR 32.61 and 32.62, 2015 ed. are met.(9) Manufacture, preparation, or transfer for commercial distribution of radioactive drugs containing radioactive material for medical use under Rule R313-32. (a) An application for a specific license to manufacture and distribute radiopharmaceuticals containing radioactive material for use by a person licensed pursuant to Rule R313-32 will be approved if: (i) the applicant satisfies the general requirements specified in Section R313-22-33;(ii) the applicant submits evidence that the applicant is at least registered, licensed or operating as one of the entities listed in Subsections R313-22-75(9)(a)(ii)(A) through R313-22-75(9)(a)(ii)(E): (A) registered with the US Food and Drug Administration (FDA) as the owner or operator of a drug establishment that engages in the manufacture, preparation, propagation, compounding, or processing of a drug under 21 CFR 207.17(a);(B) registered or licensed with a state agency as a drug manufacturer;(C) licensed as a pharmacy by a state board of pharmacy;(D) operating as a nuclear pharmacy within a federal medical institution; or(E) registered with a state agency as a Positron Emission Tomography (PET) drug production facility;(iii) the applicant submits information on the radionuclide; the chemical and physical form; the maximum activity per vial, syringe, generator, or other container of the radioactive drug; and the shielding provided by the packaging to show it is appropriate for the safe handling and storage of the radioactive drugs by medical use licensees; and(iv) the applicant commits to the labeling requirements in either Subsection R313-22-75(9)(a)(iv)(A) or R313-22-75(9)(a)(iv)(B): (A) A label is affixed to each transport radiation shield, whether it is constructed of lead, glass, plastic, or other material, of a radioactive drug to be transferred for commercial distribution. The label shall include the radiation symbol and the words "CAUTION, RADIOACTIVE MATERIAL" or "DANGER, RADIOACTIVE MATERIAL," the name of the radioactive drug or its abbreviation, and the quantity of radioactivity at a specified date and time. For radioactive drugs with a half life greater than 100 days, the time may be omitted.(B) A label is affixed to each syringe, vial, or other container used to hold a radioactive drug to be transferred for commercial distribution. The label shall include the radiation symbol and the words "CAUTION, RADIOACTIVE MATERIAL" or "DANGER, RADIOACTIVE MATERIAL" and an identifier that ensures that the syringe, vial, or other container can be correlated with the information on the transport radiation shield label.(b) A licensee described by Subsection R313-22-75(9)(a)(ii)(C) or R313-22-75(9)(a)(ii)(D): (i) may have either an authorized nuclear pharmacist, as specified in Subsections R313-22-75(9)(b)(ii) and R313-22-75(9)(b)(iv), or an individual under the supervision of an authorized nuclear pharmacist as specified in Rule R313-32, which incorporates 10 CFR 35.27 (2021) by reference prepare radioactive drugs for medical use, as defined in Rule R313-32, which incorporates 10 CFR 35.2 (2021) by reference;(ii) may allow a pharmacist to work as an authorized nuclear pharmacist if: (A) this individual qualifies as an authorized nuclear pharmacist as defined in Rule R313-32, which incorporates 10 CFR 35.2 (2021) by reference;(B) this individual meets the requirements specified in Rule R313-32, which incorporates 10 CFR 35.55(b) and 10 CFR 35.59 (2021) by reference and the licensee has received an approved license amendment identifying this individual as an authorized nuclear pharmacist; or(C) this individual is designated as an authorized nuclear pharmacist in accordance with Subsection R313-22-75(9)(b)(iv);(iii) the actions authorized in Subsections R313-22-75(9)(b)(i) and R313-22-75(9)(b)(ii) are permitted in spite of more restrictive language in license conditions;(iv) may designate a pharmacist, as defined in Rule R313-32, which incorporates 10 CFR 35.2 (2021) by reference, as an authorized nuclear pharmacist if:(A) the individual was a nuclear pharmacist preparing only radioactive drugs containing accelerator produced radioactive material; and(B) the individual practiced at a pharmacy at a government agency or federally recognized Indian Tribe before November 30, 2007, or at any other pharmacies before August 8, 2009, or an earlier date as noticed by the NRC; and(v) shall provide to the director: (A) a copy of each individual's certification by a specialty board whose certification process has been recognized by the Nuclear Regulatory Commission or Agreement State as specified in Rule R313-32, which incorporates 10 CFR 35.55(a) (2021) by reference; or(B) the Nuclear Regulatory Commission or Agreement State license; or(C) the permit issued by a licensee or Commission master materials permittee of broad scope or the authorization from a commercial nuclear pharmacy authorized to list its own authorized nuclear pharmacist; or(D) the permit issued by a US Nuclear Commission master materials licensee; or(E) documentation that only accelerator produced radioactive materials were used in the practice of nuclear pharmacy at a government agency or federally recognized Indian Tribe before November 30, 2007 or at any other locations of use before August 8, 2009, or an earlier date as noticed by the NRC; and(F) a copy of the state pharmacy licensure or registration, no later than 30 days after the date that the licensee allows, pursuant to Subsections R313-22-75(9)(b)(ii)(A) and R313-22-75(9)(b)(ii)(C), the individual to work as an authorized nuclear pharmacist.(c) A licensee shall have and use instrumentation to measure the radioactivity of radioactive drugs. The licensee shall have procedures for use of the instrumentation. The licensee shall measure, by direct measurement or by combination of measurements and calculations, the amount of radioactivity in dosages of alpha-, beta-, or photon-emitting radioactive drugs before transfer for commercial distribution. In addition, the licensee shall: (i) perform tests before initial use, periodically, and following repair, on each instrument for accuracy, linearity, and geometry dependence, as appropriate for the use of the instrument, and make adjustments if necessary; and(ii) check each instrument for constancy and proper operation at the beginning of each day of use.(d) A licensee shall satisfy the labeling requirements in Subsection R313-22-75(9)(a)(iv).(e) Nothing in Subsection R313-22-75(9) relieves the licensee from complying with applicable FDA, or federal, and state requirements governing radioactive drugs.(10) Manufacture and distribution of sources or devices containing radioactive material for medical use. An application for a specific license to manufacture and distribute sources and devices containing radioactive material to a person licensed under Rule R313-32 for use as a calibration, transmission, or reference source or for the uses listed in Rule R313-32, which incorporates 10 CFR 35.400, 10 CFR 35.500, 10 CFR 35.600, and 10 CFR 35.1000 (2021) by reference, will be approved if: (a) the applicant satisfies the general requirements in Section R313-22-33;(b) the applicant submits sufficient information regarding each type of source or device pertinent to an evaluation of its radiation safety, including:(i) the radioactive material contained, its chemical and physical form and amount;(ii) details of design and construction of the source or device; and(iii) procedures for, and results of, prototype tests to demonstrate that the source or device will maintain its integrity under stresses likely to be encountered in normal use and accidents;(iv) for devices containing radioactive material, the radiation profile of a prototype device;(v) details of quality control procedures to assure that production sources and devices meet the standards of the design and prototype tests;(vi) procedures and standards for calibrating sources and devices;(vii) legend and methods for labeling sources and devices as to their radioactive content; and(viii) instructions for handling and storing the source or device from the radiation safety standpoint, these instructions are to be included on a durable label attached to the source or device or attached to a permanent storage container for the source or device. Instructions that are too lengthy for a label may be summarized on the label and printed in detail on a brochure that is referenced on the label;(c) the label affixed to the source or device, or to the permanent storage container for the source or device, contains information on the radionuclide, quantity and date of assay, and a statement that the source or device is licensed by the director for distribution to a person licensed pursuant to Rule R313-32, which incorporates 10 CFR 35.18, 10 CFR 35.400, 10 CFR 35.500, and 10 CFR 35.600 (2021) by reference, or under equivalent regulations of the Nuclear Regulatory Commission, an Agreement State or a Licensing State. Labeling for sources that do not require long term storage may be on a leaflet or brochure that accompanies the source;(d) the source or device has been registered in the Sealed Source and Device Registry.(e) In the event the applicant desires that the source or device be required to be tested for leakage of radioactive material at intervals longer than six months, the applicant shall include in the application sufficient information to demonstrate that a longer interval is justified by performance characteristics of the source or device or similar sources or devices and by design features that have a significant bearing on the probability or consequences of leakage of radioactive material from the source.(f) In determining the acceptable interval for test of leakage of radioactive material, the director shall consider information that includes:(i) primary containment or source capsule;(ii) protection of primary containment;(iii) method of sealing containment; (iv) containment construction materials;(v) form of contained radioactive material;(vi) maximum temperature withstood during prototype tests;(vii) maximum pressure withstood during prototype tests;(viii) maximum quantity of contained radioactive material;(ix) radiotoxicity of contained radioactive material; and(x) operating experience with identical sources or devices or similarly designed and constructed sources or devices.(11) Requirements for license to manufacture and distribute industrial products containing depleted uranium for mass-volume applications.(a) An application for a specific license to manufacture industrial products and devices containing depleted uranium for use pursuant to Subsection R313-21-21(7) or equivalent regulations of the Nuclear Regulatory Commission or an Agreement State will be approved if:(i) the applicant satisfies the general requirements specified in Section R313-22-33;(ii) the applicant 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 an individual to receive a radiation dose more than 10% of the annual limits specified in Subsection R313-15-201(1); and(iii) 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.(b) In the case of an industrial product or device whose unique benefits are questionable, the director will approve an application for a specific license under Subsection R313-22-75(11) 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.(c) The director may deny an application for a specific license under Subsection R313-22-75(11) if the end use of the industrial product or device cannot be reasonably foreseen.(d) A person licensed pursuant to Subsection R313-22-75(11)(a) shall:(i) 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;(ii) label or mark each unit to:(A) identify the manufacturer of the product or device and the number of the license where 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 that 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 Nuclear Regulatory Commission or an Agreement State;(iii) assure that the uranium before being installed in each product or device has been impressed with the legend "Depleted Uranium" clearly legible through a plating or other covering;(iv) furnish to each person to whom depleted uranium in a product or device is transferred for use pursuant to the general license contained in Subsection R313-21-21(5) or its equivalent:(A) a copy of the general license contained in Subsection R313-21-21(7) and a copy of form DWMRC-12; or(B) a copy of the general license contained in the Nuclear Regulatory Commission's or Agreement State's regulation equivalent to Subsection R313-21-21(7) and a copy of the Nuclear Regulatory Commission's or Agreement State's certificate, or alternatively, furnish a copy of the general license contained in Subsection R313-21-21(7) and a copy of form DWMRC-12 with a note explaining that use of the product or device is regulated by the Nuclear Regulatory Commission or an Agreement State under requirements substantially equivalent to those in Subsection R313-21-21(7);(v) report to the director each transfer of industrial products or devices to a person for use under the general license in Subsection R313-21-21(7). The report shall identify each general licensee by name and address, an individual by name or position who may constitute a point of contact between the director 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 the calendar quarter when the product or device is transferred to the generally licensed person. If no transfers have been made to a person generally licensed under Subsection R313-21-21(7) during the reporting period, the report shall so state;(vi) provide certain other reports as follows:(A) report to the Nuclear Regulatory Commission each transfer of industrial products or devices to a person for use under the Nuclear Regulatory Commission general license in 10 CFR 40.25 (2010);(B) report to the responsible state agency each transfer of devices manufactured and distributed pursuant to Subsection R313-22-75(11) for use under a general license in that state's regulations equivalent to Subsection R313-21-21(7);(C) reports shall identify each general licensee by name and address, an individual by name or position who may constitute a point of contact between the agency and the general licensee, the type and model number of the 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 when a product or device is transferred to the generally licensed person;(D) if no transfers have been made to Nuclear Regulatory Commission licensees during the reporting period, this information shall be reported to the Nuclear Regulatory Commission; and(E) if no transfers have been made to general licensees within a particular Agreement State during the reporting period, this information shall be reported to the responsible Agreement State agency upon the request of that agency; and(vii) records shall be kept showing the name, address and point of contact for each general licensee to whom the person transfers depleted uranium in industrial products or devices for use pursuant to the general license provided in Subsection R313-21-21(7) or equivalent regulations of the Nuclear Regulatory Commission or an Agreement State. The records shall be maintained for a period of two years and shall show the date of each transfer, the quantity of depleted uranium in the product or device transferred, and compliance with the report requirements of Subsection R313-22-75(11).Utah Admin. Code R313-22-75
Amended by Utah State Bulletin Number 2015-18, effective 8/26/2015Amended by Utah State Bulletin Number 2016-13, effective 6/10/2016Amended by Utah State Bulletin Number 2017-21, effective 10/13/2017Amended by Utah State Bulletin Number 2019-17, effective 8/9/2019Amended by Utah State Bulletin Number 2024-18, effective 9/16/2024