ML20199E515
| ML20199E515 | |
| Person / Time | |
|---|---|
| Issue date: | 11/20/1997 |
| From: | Steven Baggett NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Flater D IOWA, STATE OF |
| References | |
| SSD, NUDOCS 9711210230 | |
| Download: ML20199E515 (2) | |
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November 20,1997 Donald A. Flater, Chiet Bureau of Radiological Health Department of Public Health Lucas State Office Building Des Moine, IA 50319-0075
Dear Mr. Flater:
This letter is in reference to your September 23,1997, letter to Richard Bangart regarding the possession and use of industrial gauges under the exemption provided in 10 CFR 30.18.
Mr. Bangart has asked that I respond to your letter.
Your letter d;acussed an information package you received from BSI instruments (BSI) concerning distribution of a " photon" gauging device. The information package indicated that BSI intends to distribute gauging devices that do not contain radioactive material. However, BSI will direct its customers (intended users of the devices) to purchase " exempt" sources from a person licensed under 10 CFR 32.18. The customer would be exempt from licensing requirements for possession and use of the sources under 10 CFR 30.18. BSI would provide instructions to the users on how to install the " exempt sources" into the device. BSI has indicated that the devices may contain up to 30 " exempt sources" and that persons may possess and us3 these sources within the device under the exemption provided in 10 CFR 30.18. Your letter indicated that you are concerned, from a health and safety standpoint, with this practice.
I have discussed your concerns and the information provided with your letter with NRC's Office of General Counsel to determine whether a person may possess and use a device that incorporates multiple sources, each containing activities not more than the activities listed in 10 CFR 30.71, under the exempHon provided in 10 CFR 30.18. However, to determine whether the exemption providad in 10 CFR 30.18 is applicable, the staff needs to review the regulatory history of 10 CFR 30.18, including the safety analyses and statements of consideration for the regulation. Once NRC has determined the applicability of 10 CFR 30.18 and the status of persons using material in this manner, NRC will notify the Agreement States.
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D. Flater 2 November 20,1997 We appreciate you bringing this situation and your concerns to our attention. If any further questions arise conceming this matter, please contact me at (301) 415-7273.
Sincerely, Steven L. Baggett, Section Chief Sealed Source Safety Section Medical, Academic, and Commercial Use Safety Branch Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards cc: Richard Bangart, NRC Office of State Programs James Lynch, NRC Region 111 Distribution:
SSSS Staff IMAB r/f NE02-SSD2 P 4 SGreene DOCUMENT NAME: G:\lOWA3018.WPD Ts receive e copy of this document. @te in the box: "C" = Cspy witnout attachment / enclosure "E* = Copy with ettachtnent/ enclosure *N' = No copy OFFICE IMAB ggW p IMAB g /t, L NAME JLubinskaf)I SBaggett DATE- 11/20/97 11/20/97 OFFICIAL RECORD COPY
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