ML20133B441
| ML20133B441 | |
| Person / Time | |
|---|---|
| Issue date: | 12/26/1996 |
| From: | Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Hyland J MAINE, STATE OF |
| Shared Package | |
| ML20133B446 | List: |
| References | |
| NUDOCS 9701030190 | |
| Download: ML20133B441 (14) | |
Text
_
i Mr. Jay Hyl;nd, Environmentcl Speci: list j
' Radi; tion C,ontrol Progrcm DEC 2 0 Wo I
Department cf Hum:n Servic:s State House, Station 10 l
Augusta, ME 04333
Dear Mr. Hyland:
This is in response to your October 4,1996 letter on the handling of exempt quantities.
i Section 274c of the Atomic Energy Act (AEA) reserves to the Nuclear Regulatory Commission (NRC) the authority to require that the manufacturer, processor, or producer of any equipment, device, commodity, other product containing source, byproduct, or special nuclear material shall not transfer possession or control of such product except pursuant to a license issued by the Commission. In other words, the Commission has exclusive authority, even in~ Agreement States, over the manufacture and distribution of products intended for use by the public on an exempt basis. The primary purpose of this provision is to ensure that the controls with respect to the distribution of devices (e.g.,
gauges) are uniform throughout the United States.
NRC's regulations are consistent with the statutory provision in Section 274c of the AEA.
Pursuant to 10 CFR 150.15(a)(6), persons in Agreement States are not exempt from the Commission's licensing and regulatory requirements with respect to:
... the transfer of possession or control bh the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing source material or byproduct material whose subsequent possession, use, transfer, and disposal by all other persons are exempted from licensing and regulatory requirements of the Commission under Parts 30 and 40 of this chapter.
Enclosed are specific responses to your questions o$ exempt quantities and smoke detectors. Also enclosed, is a May 13,1996 letter to Mr. William J. Sinclair, Director of the Division of Radiation Control in Utah, addressing concerns similar to the ones you raised.
We hoped that your concerns in this area have been adequately addressed.
Sincerely, 9701030190 961226
/ Originalsigned By p %P.ggg]y Director PDR STPRG ESGM g
Office of State Programs
Enclosures:
030022-As stated Distribution: See next page.
DOCUMENT NAME: G:\\ LAB \\TSK6S248. LAB
- See previous concurrence.
To receive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N" = No copy OFFICE OSP E
OSP:DD C
IMNS:D C
OGC C
OSP:qjQ l
NAME LBolling PLohaus DCool FXCamerun RLBanhirt' #
l DATE 12/5/96*
12/5/96*
12/12/96*
1.2/23/96*
12/d /96 l
OSP PILE CODE: SP-AG-13 hh bY k
01 &
l
+
J. Hyland 2
Distribution:
DlR RF (6S-248)
DCD (SP05)
RLBangart PDR (YES_X NO_ )
PLohaus SDroggitis DCool, NMSS FXCameron, OGC HNewsome, OGC LBolling Maine File e
t V
t 4
+
1 1
4 4
f gi
'l e
m,.
y 4
i j
g.
(
.f r
4 4.
4 p.
efA k'
UNITED STATES ye 3
j NUCLEAR REGULATORY COMMISSION
)
WASHINGTON, D.C. = -1 1
December 26, 1996 Mr. Jay Hyland, Environmental Specialist Radiation Control Program Department of Human Services State House, Station 10 Augusta, ME 04333
Dear Mr. Hyland:
This is in response to your October 4,1996 letter on the handling of exempt quantities.
Section 274c of the Atomic Energy Act (AEA) reserves to the Nuclear Regulatory i
Commission (NRC) the authority to require that the manufacturer, processor, or producer of any equipment, device, commodity, other product containing source, byproduct, or special nuclear material shall not transfer possession or control of such product except pursuant to a license issued by the Commission. In other words, the Commission has exclusive authority, even in Agreement States, over the manufacture and distribution of products intended for use by the public on an exempt basis. The primary purpose of this provision is to ensure that the controls with respect to the distribution of devices (e.g.,
gauges) are uniform throughout the United States.
NRC's regulation:: dre consistent with the statutory provision in Section 274c of the AEA.
Pursuant to 10 CFR 150.15(a)(6), persons in Agreement States are not exempt from the Commission's licensing and regulatory requirements with respect to:
... the transfer of possession or control by the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing source material or byproduct material whose subsequent possession, use, transfer, and disposal by all other persons are exempted from licensing and regulatory requirements of the Commission under Parts 30 and 40 of this chapter.
Enclosed are specific responses to your questions on exempt quantities and smoke detectors. Also enclosed, is a May 13,1996 letter to Mr. William J. Sinclair, Director of the Division of Radiation Control in Utah, addressing concems similar to the ones you raised.
We hoped that your concerns in this area have been adequately addressed.
Sincerely,
/
/H k
tht AL Paul H. Lohaus, Deputy Dire tor Office of State Programs V
Enclosures:
As stated
3-
~
Questions On Examot Quantities 1
1.
Why can't 10 CFR 30.18 products be redistributed by their recipients who Ere persons exempt from licensing?
i f
Answer - Commercial distribution which includes redistribution is prohibited except in l
accordance with a license issued pursuant to 532.18. It should also be noted that j
il30.18(a) and (b) allows for the infrequent transfer of exempt quantities such as tissue j
samples for non-commercial purposes.
2.
10 CFR 32.19 limits the number of exempt quantities (listed in 530.71, Schedule B)
I sold or transferred in any single transaction to 10 itsms. At what point do these sources become "non-exempt"?
Answer -It should be noted that the sources are not exempt; the exemption applies to the
{
persons receiving the sources. You should also note that 532.19(a) contains a " unity rule" l
which indicates that no more than 10 exempt quantities may be transferred in any single transaction. Each individual quantity may be composed of fractional parts (e.g. specific items) of one or more of the exempt quantities authorized in 530.71, Schedule B, as long as the total of the fractions does not exceed unity, in the example of 10 exempt items, you can also ship 20 exempt items if the total activity is equal to the 10 exempt i
quantities.
3.
Ctan 'iOO orders, each order containing 10 exempt quantities, be sent to a person eamot from licensing under 10 CFR 30.187 Answer - The regulations require that no more than 10 exempt quantities may be transferred por single transaction by the distributor. There are, however, no restrictions on i
the number of exempt quantity sources distributed pursuant to 532.18 that can be l
possessed by a person exempt from the requirements for a license under 530.18.
1 l
j 4.
Are there any other Maine companies that appear on the list of recipients of exempt quantities reported by "E-distribution" (10 CFR 32.18) licenssas to the NRC? How is ?.his information reviewed?
j Answer -The reporting requirements of 10 CFR 32.20 only require that the licensee i
(distributor) file a summary report stating the total quantity of each isotope transferred and l
does not require that the person to whom shipments are made be identified.
i 5.
How else do you propose we regulate this community?
i i
Answer - The Maine equivalent of the 10 CFR 30.18 exemption permits users in Maine to l
obtain these products from firms licensed by NRC to distribute to persons exempt from i
licensing. If the terms of this exemption are violated, the user loses their exemption and j
will need to obtain a specific Maine possession license.
t
(
l ENCLOSURE 1 i
i
6.
Can Maine issue a specific license that only authorizes redistribution cf licensed exempt sources? Or is this a NRC "E" license?
Answer - No, the authority to issue specific licenses for the commercial distribution of products to persons exempt from licensing is reserved to the NRC (see 5 532.18 and 32.19).
7.
Is it the original manufacturers responsibility to make sure that an exempt source is only purchased by exempt people for exempt purposes? Stated another way, is the fact that the source is exempt not enough?
Answer - Yes. The original manufacturer or distributor may transfer byproduct material to persons exempt from licensing or to another specific licensee authorized to distribute the material to persons exempt from licensing. The exemption only applies to the person and the activities permitted by 5 530.18 and 32.18 and not to the source. It should also be noted that 530.18(d) states that "No person may, for purposes of commercial distribution, transfer byproduct material... knowing or having reason to believe that such quantities of byproduct material will be transferred to persons exempt" except in accordance with a specific license issued pursuant to 532.18. See also 530.41(b)(2).
8.
Once a source is distributed as exempt does it reme exempt?
Answer - As noted earlier, the exemption applies only to the person and activity and not the source. Except for material distributed commercially pursuant to 532.18, once the material has been initially transferred to a person exempt from licensing, the exempt status applies to all persons thereafter. It should be noted, however, that the regulations are not j
clear as to whether the exempt status applies to the distributor if the material is returned i
to the distributor or whether the specifically licensed distributor must treat the source as licensed radioactive material and as such include it under its possession and use license.
i 9.
If someone wanted to recycle smoke detectors as a disposal option and redistribute j
the sources, would this still be exempt? Why are smoke detectors more exempt than other exempt sources?
Answer - This type of activity is not permitted by NRC or equivalent Maine regulations.
The reason why this activity is not allowed is not predicated by the fact that these gas and aerosol detectors are designed to protect life or property or because smoke detectors are more exempt than other exempt sources. As stated in the enclosed letter to Mr. William J. Sinclair, Director of the Division of Radiation Control in Utah, the exemption provided in
)
530.20 allows for the possession of byproduct material when used in gas and aerosol detectors manufactured, processed, produced, or initially transferred in accordance with a specific license issued pursuant to $32.26. The products are authorized for exempt distribution based on a sealed source and device review of the product. The exemption from licensing only applies to the byproduct material'a the assembled detector for which it was licensed. The person exempt from licensing may use the detector in whatever fashion they choose; however, li the byproduct material is removed from the detector and used for another purpose, then the exemption no longer applies and the person would need to obtain a specific license. You should also note that the environmental assessment i
performed to examine the likely consequences of the manefacture, distribution, use and 1
disposal of smoke detection devices did not analyze such conditions.
1
/***'%
\\,
UNTTED STATES g
NUCLEAR REGULATORY COMMISSION WAGNHeeTON. 9.C. 3805 8W1 May 13,' 1996 Nr. William J. Sinclair, Director Division of Radiation Control Department of Environmental Quality l
168 North 1950 West p.0. Box 144850 salt Lake City, Utah M 114-4850 Dea'r Mr. Sinclair:
i This is in response to your February 15, 1996, letter requesting technical assistance on several issues related to smoke detectors. For clarity, we will i
restate each,,of your questions before responding.
- 1. 'Whe, in the manufacturina crocess does a smoke detector become a device accenta31e for distribution to aersons exemot from ' icensina."
A brief explanation of t'e NRC's exempt distribution licensing process may n
help to better understand this answer. There is no ' point' in the manufacturing process when a smoke detector becomes a device acceptable for distribution to persons exempt from licensing. The saoke detector becomes
" acceptable' for distribution only after a safety evaluation and registration of the detector has been performed and a license has been issued authorizing l
the product for exempt distribution.
To possess and use byproduct material, as in the manufacture of smoke detectors, a s>ecific lic6nse authorizing possession and use of byproduct material must u obtained from NRC or, in this case, from the State of Utah.
This specific license covers manufacturing, processing, producing and distribution of products containing byproduct materia, provided the products are distributed to persons who have a specific license that authorizes them to possess such byproduct material.
In accordance with $150.15(a)(6), NRC retains jurisdiction for the transfer of byproduct material to persons exempt from licensing. Thus, applicants who wish to distribute or initia11y' transfer products containing byproduct material, such as smoke detectors, to persons who are exempt from licensing, must also obtain a separate exempt distribution license from the NRC pursuant to $32.26 (Enclosure 1. Before licensing smoke detectors for distribution, NRC would also perform)a device safety review resulting in the issuance of a device registration certificate. Only after the device review is completed i
and the exempt distribution license is issued is the smoke detector authorized for distribution to persons exempt from licensing.
l ENCLOSURE 2 l
William J. Sinclair II E It is also important to understand that smoke detectors are not considered exempt to the manufacturer / initial distributor. The exemption only applies to those persons who receive the products from persons who are authorized to distribute under an exempt distribution license.
H. "As a corson exaggLfrom the reaulations in parts 20 and 30-36 and 39 of "itle 10. is Mr. Jan g in violation of any reaulations wien he uses the foil source from a sina'e owtector for another ourcose "
10CFR530.20(Enclosure 2 byproduct material when use)d la gas and aerosol detectors manufactured,p processed, produced, or initially transferred in accordance with a specific license issued pursuant to 10 CFR $32.26. If the material remains in an assembled gas or aerosol detector, the exemption in Section 30.20 applies.
However, if the material is removed from the detector and used for another purpose, the exemption in 530.20 no longer applies. Therefore, under the provisions of $30.20, or equivaler.t Utah regulations, Mr. Jones is exempt from licensing requirements as to his possession and use of the smoke detectors.
However, once the byproduct material or foil sources are removed from the detector and used for another purpose, the exemption in $30.20, or equivalent Utah regulations, no longer applies.
l Incorporation of the foil sources into check sources requires a specific i
license from the State of Utah for the possession and use of the material.
Questions as to violations concerning the possession of byproduct material without the proper authorization would have to be addressed by the State; however, the distribution or transfer of check sources to persons exempt from licensing without an NRC license would be considered and treated by NRC as a violation of the provisions of $30.18.
(See further discussion'below).
- 3. "If the detectors are not exemot. what licensina actions will be reautred of Mr. Jones by NRC and/or the State."
The use of the material for a purpose other than '
,r,ource in gas and aerosol detectors requires a specific license from dRC or, in this case, from Utah.
In addition, we agree that Mr. Jones requires a specific license in this case for possession and storage of the unassembled detectors and sources.
A specific license to manufacture or initially transfer calibration or reference sources containing Americium-241, for distribution to persons generally licensed, must be obtained pursuant to Section 32.57 or Utah's equivalent regulation. We note that, generally, the provisions in Section 32.18 require a specific license for tiw commercial distribution of those i
exempt quantities covered under Section 30.18 and identified in Section 30.71, Schedule B.
However, Section 32.18 does not apply in this context because l
Section 30.71, Schedule 8 does not include a listing for Americium 241.
1 1
{
h
~
I W 181!!96 William.J. Sinclair '
If you have any questions regarding this correspondence, please contact me or the individual named below:
POINT OF CONTACT: Jim Myers
~
TELEPHONE:
) 415-2328 FAX:
) 415-3502 INTERNET:
NRC. GOV Crighet8 ed By i
RICHARD L RT l
Richard L. Sangart Director Office of State Programs i
Enclosures:
As stated i
i i
l l
4 i
aa.a I
. Mr. Jay Hyl:nd, Environm2ntal Speci: list Radiation Control Program D:partm:nt cf Hum:n SIrvicts State House, Station 10 Augusta, ME 04333 g
\\
Dear Mr. Hyland-4
\\
This is in response to your October 4,1996 letter on the handling of exempt quantities.
\\
Section 274c of the Atomic Energy Act (AEA) reserves to the Nuclear Regulatory Commission (NRC) the authority to require that the manufacturer, processor, or producer of any equipment, device, commodity, other product containing source, byproduct, or special nuclear material shall not transfer possession or control of such product except pursuant to a license issued by the Commission. In other words, the Cornmission has exclusive authority, even in Agreement States, over the manufacture and distribution of products including those intended for use by the public on an exempt basis. The primary purpose os this provision is to ensure that the controls with respect to the distribution of
~
devices (e.g., gauges) are uniform throughout the United States.
\\
i NRC's regulations are consistent with the statutory ' provision in Section 274c of the AEA.
Pursuant to 10 CFR 150.15(a)(6), persons in Agreement States are not exempt from the Commission's licensing and regulatory requirements 'With respect to:
... the transfer of possession or control by the\\
.manuf acturer, processor, or producer of any equipment, device, commodity, or other product containing source material or byproduct material whose subsequent possession, use, transfer, and disposal by all other persons are e'xempted from licensing and regulatory requirements of the Commission under Parts 30 and 40 of this chapter.
Enclosed are specific responses to your questions on ex'empt quantities and smoke detactors. Also enclosed, is a May 13,1996 letter to Mr. William J. Sinclair, Director of the Division of Radiation Control in Utah, addressing con'cerns similar to the ones you raised.
We hoped that your concerns in this area have been adeq\\uately addressed.
\\
Sincerely,
\\
Paul H. Lohaus, Deputy Director Office of State Programs
Enclosures:
As stated Distribution: See next page.
J
/^gV Y)O DOCUMENT NAME: G:\\ LAB \\TSK6S248. LAB To receive a copy of this document, Indicate in the box: "C" =.C "E" = Copygighf attachment / enclosure / "opy without attachment / enclosure N" = No copy i
OFFICE j OSP E
OSP:gISC IMNS:D C WOGC lC OSP:D C
NAME MLBolling PLoRaus DCool
) Pl XCameron RLBangart
'.12/.7/96 12/')/96 12/ /96 126/96 12/ /96 DATE e
\\
\\
__.- __ _. _ _.. _ _ _ _._. _ _ _.~.-
Q{50 MdC D h $33 b CMNS A
^
g hk mkheb45 %k AMMM 'btos l O x*pk JoAW g
g.W (ordM q G@-4% % k r%=stions On Exemot Quantities Why can't 10 CFR 30.18 products be redistributed by their recipients who em persons exempt from licensing?
Answer < Commercial distribution which includes redistribution is prohibited except in accordance with a license issued pursuant to 532.18. It should also be noted that il30.18(a) and (b) allows for the infrequent transfer of exempt quantities such as tissue samples for non-commercial purposes.
2.
10 CFR 32.19 limits the number of exempt quantities (listed in 130.71, Schedule B) sold or transferred in any single transaction to 10 items. At what point do these gh sources become "non-exempt"?
, ggM Answer -it should be noted that the sources are not exempt; exem persons receivi0g.the. sources %Yeu sed else-note-thei %^unlty ful.J. tion applies to th
. ppm l6 thetmo I
more then40 exempt-quantities may-beatensferredin-
-single-transaction. Each individual quantity may be composed of fractional part f one or more of the exempt quantities authorized in 530.71, Schedule B, as long as the total of the fractions does not exceed unity, in the example of 10 exempt items, you can also ship 20 exempt items if the total activity is equal to the 10 exempt quantities.
1 3.
Can 100 orders, each order containing 10 exempt quantities, be sent to a person exempt from licensing under 10 CFR 30.18?
Answer - The regulations require that no more than 10 exempt quantities may be transferred per single transaction by the distributor. There are, however, no restrictions on j
the number of exempt quantity sources distributed pursuant to 132.18 that can be possessed by a person exempt from the requirements for a license under 530.18.
1 4.
Are th9re any other Maine companies that appear on the list of recipients of exempt quantities reported by "E-distribution" (10 CFR 32.18) licensees to the NRC? How is this information reviewed?
Answer - The reporting requirements of 10 CFR 32.20 only require that the licensee (distributor) file a summary report stating the total quantity of each isotope transferred and does not require that the person to whom shipments are made be identified.
5 How oise do you propose we regulate this community?
Answer - The Maine equivalent of the 10 CFR 30.18 exemption permits users in Maine to obtain these products from firms licensed by NRC to distribute to persons exempt from licensing. If the terms of this exemption are violated, the user loses their exemption and will need to obtain a specific Maine possession license.
ENCLOSURE 1 i
6.
Can Maine issue a specific license that only authorizes redistribution of licensed exempt sources? Or is this a NRC "E" license?
Answer - No, the authority to issue specific licenses for the commercial distribution of products to persons exempt from licensing is reserved to the NRC (see 5 632.18 and 32.19).
4 7.
Is it the original manufacturers responsibility to make sure that an exempt source is onb" purchased by exempt people for exempt purposes? Stated another way, is the far1 that the source is exempt not enough?
Answer - Yes. Tus original manufacturer or distributor may transfer byproduct material to persons exempt froni licensing or to another specific licensee authorized to distribute the material to persons exempt from licensing. The exemption only applies to the person and the activities permitted by 5 530.18 and 32.18 and not to the source. It should also be noted that 530.18(d) states that *No person may, for purposes of commercial distribution, transfer byproduct material... knowing or having reason to believe that such quantities of byproduct material will be transferred to persons exempt" except in accordance with a j
specific license issued pursuant to 532.18. See also 630.41(b)(2).
l 8.
Once a source is distributed as exempt does it remain exempt?
Answer As noted earlier, the exemption applies only to the person and activity and not the source. Except for material distributed commercially pursuant to $32.18, once the material has been initially transferred to a person exempt from licensing, the exempt status applies to all persons thereafter. It should be noted, however, that the regulations are not clear as to whether the exempt status applies to the distributor if the materialis retumed to the distributor or he specifically licensed distributo treat the source as licensed radioactive material and s suqh include it under its posses ion and use license.
ArVibr#M A
9.
If someone wanted to recycle smoke detectors as atisposal option and redistribute the sources, would this still be exempt? Why are smoke detectors more exempt than other exempt sources?
Answer - This type of activity is not permitted by NRC or equivalent Maine regulations.
The reason why this activity is not allowed is not predicated by the fact that these gas and aerosol detectors are designed to protect life or property or because smoke detectors are more exempt than other exempt sources. As stated in the enclosed letter to Mr. William J. Sinclair, Director of the Division of Radiation Control in Utah, the exemption provided in 530.20 allows for the possession of byproduct material when used in gas and aerosol detectors manufactured, processed, prodwed, or initially transferred in accordance with a specific liconse issued pursuant to 532.26. The products are authnrized for exempt distribution based on a sealed source and device review of the product. The exemption from licensing only applies to the byproduct materialin the assembled detector for which it was licensed. The person exempt from licensing may use the detector in whatever fashion they choose: however, if the byproduct materialis removed from the detector and used for another6merc@ purpose, then the exemption no longer applies and the person would need to o tain a specific license. You should also note that the environmental assessment performe to examine the likely consequences of the manufacture, distribution, use and disposal f smoke detection devices did not analyze such conditions.
$Nb f
&hg% QwwM ; cpm
7_ _ _
~ --
Mr. JIy Hylrnd, EnvironmIntal Specialist
-, Radiation Control Program Departm:nt of Hum:n Services State House, Station 10 l
Augusta, ME 04333 l
\\
l
Dear Mr. Hyland:
\\
\\
l This is in response to your October 4,1996 lettek on the handling of exempt quantities.
\\
Section 274c of the Atomic Energy Act (AEA) reserves to the Nuclear Regulatory Commission (NRC) the authority to require that the manufacturer, processor, or producer of any equipment, device, commodity, other product containing source, byproduct, or special nuclear material shall not transfer possession or control of such product except pursuant to a license issued by the Commission. In other words, the Commission has exclusive authority, even in Agreement States, over the manufacture and distribution of products including those intended for use by the public on an exempt basis. The primary purpose of this provisicn is to ensure that the controls with respect to the distribution of j
devices (e.g., gauges) are uniform throughout the Uriited States.
\\
\\
NRC's regulations are consistent with the statutory piovision in Section 274c of the AEA.
Pursuant to 10 CFR 150.15(a)(6), persons in Agreement States are not exempt from the Commission's licensing and regulatory requirements with respect to:
... the transfer of possession or control by the manufacturer, processor, or producer of any equipment, device, commodity,'or other product containing source material or byproduct material whose sutisequent possession, use, transfer, and disposal by all other persons are exempted from licensing and i
regulatory requirements of the Commission under'. Parts 30 and 40 of this
- chapter, i
\\
Enclosed are specific responses to your questions on exempt quantities and smoke detectors. Also enclosed, is a May 13,1996 letter to Mr! William J. Sinclair, Director of 1
the Division of Radiation Control in Utah, addressing concerns similar to the ones you raised.
i
\\
We hoped that your concerns in this area have been adequately addressed.
Sine:erely, 1
\\
\\
Paul H. Lohaus, Deputy Director Office of State Programs
Enclosures:
i As stated
\\
Distribution: See next page, k
\\'
DOCUMENT NAME: G:\\ LAB \\TSK6S248. LAB To receive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure "E" = Copygidf attachment / enclosure i "N" = No copy OFFICE y OSP lE OSP:gIbC IMljj$:C>J l C OGC lC OSP:D l C l
[
NAME MLBolling PLoRau' ': WiV FXCameron RLBangart l s
l DATE
'.12/f/96 12/3/96 "12//p96 12/ /96 12/ /96 l e
Mr. J;y Hyi:nd, Environmentil Speci; list R2distion Control Progrcm Dsp;rtm:nt cf Hum:n Servic;s State House, Station 10 Augusta, ME 04333
Dear Mr. Hyland:
\\
This is in response to your October 4,1996 letter on the handling of exempt quantities.
i
\\
\\
Section 274c of the Atomic Energy Act (AEA) reserves to the Nuclear Regulatory Commission (NRC) the authority to require that the manufacturer, processor, or producer.
of any equipment, device, commodity, other produ'ct containing source, byproduct, or special nuclear material shall not transfer possession or control of such product except pursuant to a license issued by the Commission. In'iother words, the Commission has exclusive authority, even in Agreement States, over the manufacture and distribution of products including those intended for use by the public on an exempt basis. The' primary purpose of this provision is to ensure that the controlk with respect to the distribution of devices (e.g., gauges) are uniform throughout the United States.,
h*p a
NRC's regulations are consistent with the statutory' provision in Section~274c of the AEA.'
j Pursuant to 10 CFR 150.15(a)(6), persons in Agreement States are not exempt from the Comminon's licensing and regulatory requirerrients with respect to:
\\
... the transfer of possession or control by th'e manufacturer, processor,'or producer of any equipment, device, commodity, or\\other product containing source material or byproduct material whose subsequent possession, use;
)
transfer, and disposal by all other persons are exempted from licensing and regulatory requirements of the Commission under Parts 30 and 40 of this.
chapter.
}
i Enclosed are specific responses to your questions on exempt. quantities and smoke detectors. Also enclosed, is a May 13,1996 letter to Mr. William J. Sinclair, Director of the Division of Radiation Controi in Utah, addressing concerns similar to the ones you raised.
i
\\
We hoped that your concerns in this area have been adequately addressed.
Sincerel,
\\
Paul H. Lohaus, Deputy Director Office of State Programs
Enclosures:
\\
As stated
\\
\\
Distribution: See next page.
\\
DOCUMENT NAME: G:\\ LAB \\TSK6S248. LAB
\\
To receive a copy of this document, indicate in the box: "C" = Copy Yvithout attachment / enclosure "E" = Copyyk@ attachment / enclosure "N" = No copy DFFICE
_/OSP E
OSP:ptmC IMNS:D lC OGC C
OSP:D l C NAME ALBolling PLohaus DCool FXCameron RLBangart l
' '. 12/f/96 12/3/96 12/ /96 12/ /96 12/ /96 DATE v OSP RlLE CODE: SP-AG-13 1
1
[f L
l P4c i
sro A
s' i
EXECUTIVE TASK MANAGEMENT SYSTEM 1
l
<<< PRINT SCREEN UPDATE FORM >>>
TASK #. - 65248 DATE-10/08/96 MAIL CTRL. - 1996 l
TASK STARTED - 10/08/96 TASK DUE - 10/18/96 TASK COMPLETED -
//
TASK DESCRIPTION - 10/4 LTR "DO I LICENSE A COMPANY TO DISAm aUTE EXEMPT SOURCES UNDER A GENERAL LICENSE OR NOTE?"
REQUESTING OFF. - MAINE REQUESTER - J. HYLAND WITS -
0 FYP - N PROG.- LAB PERSON -
STAFF LEAD - LAB PROG. AREA -
i PROJECT STATUS -
OSP DUE DATE:
10/21/96 PLANNED ACC. -N LEVEL CODE -
1 l
l i
N l
I l
l