Information Notice 1990-62, Requirements for Import and Distribution of Neutron-Irradiated Gems: Difference between revisions
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| issue date = 09/25/1990 | | issue date = 09/25/1990 | ||
| title = Requirements for Import and Distribution of Neutron-Irradiated Gems | | title = Requirements for Import and Distribution of Neutron-Irradiated Gems | ||
| author name = Cunningham R | | author name = Cunningham R | ||
| author affiliation = NRC/NMSS/IMNS | | author affiliation = NRC/NMSS/IMNS | ||
| addressee name = | | addressee name = | ||
Line 14: | Line 14: | ||
| page count = 13 | | page count = 13 | ||
}} | }} | ||
{{#Wiki_filter:- | {{#Wiki_filter:-X | ||
UNITED STATES | |||
NUCLEAR REGULATORY COMMISSION | |||
OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS | |||
WASHINGTON, D.C. 20555 September 25, 1990 | |||
NRC INFORMATION NOTICE NO. 90-62: REQUIREMENTS FOR IMPORT AND DISTRIBUTION | |||
OF NEUTRON-IRRADIATED GEMS | |||
==Addressees== | ==Addressees== | ||
:All irradiated gemstone importers and distributors, and all non-power | : | ||
All irradiated gemstone importers and distributors, and all non-power reactor | |||
licensees. | |||
==Purpose== | ==Purpose== | ||
:To remind gemstone importers and distributors of long-standing Nuclear | : | ||
IN 90- | To remind gemstone importers and distributors of long-standing Nuclear Regulatory | ||
Commission (NRC) requirements contained in 10 CFR Parts 30 and 110, governing | |||
the Import and distribution of neutron-irradiated gems, and to provide Information | |||
on NRC's planned actions on unauthorized Importation or distribution. It is | |||
expected that licensees, importers, and distributors will review this information | |||
and assure that they comply with applicable requirements. This notice does not | |||
in itself establish any new requirements, and no written response is required. | |||
Discussion: | |||
Since 1986, numerous inquiries to NRC indicated that large quantities of reactor | |||
neutron-irradiated gems, particularly blue topaz, were being distributed in the | |||
United States without NRC authorization. Neutron-irradiated gems contain small | |||
quantities of radioactive byproduct material. A special NRC license is required | |||
for distribution of such gems to unlicensed persons (such as gem dealers, wholesalers, and consumers). In early 1988, NRC informed all gem industry | |||
representatives and non-power reactor licensees that NRC would accept | |||
applications for such licenses to distribute neutron-irradiated gems (see | |||
Attachments 1 and 2). The license requirements are contained in 10 CFR | |||
Parts 30 and 32. | |||
Licensed distributors must have radiation measurement and quality control | |||
procedures for ensuring that all gems released to the public are below the | |||
radioactivity limits specified in 10 CFR 30.70. The distributors must disclose | |||
to their customers that gems are neutron-irradiated. The licenses authorize | |||
distribution of cut, finished gems only, because radiation exposures associated | |||
with cutting and grinding gems are potentially much higher than those incurred | |||
through normal consumer use. | |||
As of September 1, 1990, three organizations (University of Missouri; General | |||
Atomics, San Diego, CA; and Alnor Instrument Co., Skokie, IL) have obtained | |||
appropriate distribution licenses for neutron-irradiated blue topaz. One | |||
import license application is pending. In the meantime, the NRC staff | |||
continues to receive reports of unauthorized imports of neutron-irradiated gems, particularly blue topaz. NRC does not have any information to indicate that | |||
the radiation levels in such gems are a public health hazard, and has not yet | |||
taken an-yenforcement action. Nevertheless, the possibility exists that | |||
r 909l0242jZ§) | |||
IN 90-62 September 25, 1990 hazardous radioactive gems, which have not been properly checked for excessive | |||
radiation levels, could be imported by an unauthorized source. Therefore, the | |||
NRL staff is taking the following actions: | |||
1. NRC will take enforcement action against unauthorized importers or | |||
distributors of neutron-irradiated gems. Enforcement action may include | |||
imposition of monetary penalties or referral to the Department of Justice | |||
for potential criminal prosecution or to obtain an injuction by a Federal | |||
District Court. | |||
2. NRC will arrange, in cooperation with the U.S. Customs Service, to check | |||
imported shipments of blue topaz to verify that they are authorized. | |||
Customs agents will look for written certification as to whether gems are | |||
unirradiated, accelerator-irradiated, or neutron-irradiated, and whether | |||
NRC has licensed the importers. Unauthorized imports of neutron-irradiated | |||
gems will be subject to seizure by U.S. Customs, and investigation by the | |||
NRC Office of Investigations for possible criminal prosecution. | |||
Neutron-irradiated gems may be imported under one of the following conditions: | |||
a. The importer possesses a valid NRC or state license to possess the | |||
gems. | |||
b. The gems were previously distributed in the U.S. under the terms of | |||
a valid NRC license authorizing distribution to unlicensed (exempt) | |||
persons, and later exported. (Gems that may have been irradiated | |||
and exported without going through a licensed distributor may not be | |||
imported by unlicensed persons.) | |||
Undocumented gems and gems with incomplete documentation may be subject to | |||
import delays, pending verification as to whether they contain radioactive | |||
material. All imported blue topaz or other suspect gems will be subject to | |||
random checks by NRC or U.S. Customs, to determine the presence and quantities | |||
of radioactive byproduct material. | |||
Importers and distributors of blue topaz gems or other commonly irradiated gems | |||
should take the following actions: | |||
1. Do not import neutron-irradiated gems unless you have a valid NRC distribution | |||
license. (If the gems were previously distributed by an NRC licensee | |||
under the terms of a license authorizing distribution to unlicensed persons, and were exported for mounting, they may be imported without a distribution | |||
license if there is sufficient documentation to verify compliance | |||
with NRC requirements, including identification of the NRC distributor and | |||
license number.) | |||
2. Require your gem supplier to identify and label the gem shipments as | |||
neutron-irradiated, accelerator-produced, or unirradiated. If the gems are | |||
neutron-irradiated, the shipment should clearly state the name and license | |||
number of the licensed distributor/importer. Only the initial distributor/ | |||
importer in the U.S. needs to be licensed. Secondary distributors and | |||
n 4 .;. | |||
IN 90-62 September 25, 1990 retailers in the U.S. do not need to be licensed. Attachment 3 provides | |||
additional guidance on acceptable documentation for imported gemstones. | |||
3. If you wish to obtain an NRC license, contact NRC. Call the Medical, Academic, and Commercial Use Safety Branch at (301) 492-0639. | |||
This information notice does not require a written response to NRC. Any | |||
Questions on NRC distribution licenses may be directed to Michael Lamastra | |||
1301-492-0639). Questions on non-power reactor operating licenses may be | |||
directed to Seymour Weiss (301-492-0170). | |||
Richard E. Cunningham, Director | |||
Division of Industrial and | |||
Hedical Nuclear Safety | |||
Technical Contacts: Cheryl A. Trottier, NMSS | |||
(301) 492-3422 John Hickey, NMSS | |||
(301) 492-3332 Attachments: | |||
1. Letter to American Gem Trade Assoc., | |||
dtd. Jan. 29, 1986 | |||
2. Generic Letter 88-04, dtd. Feb. 23, 1988 | |||
3. NRC Guidance on Ioport Documentation for | |||
Commonly Irradiated Gemstones, including | |||
Blue Topaz | |||
4. List of Recently Issued. NMSS Information Notices | |||
5. List of Recently Issued NRC Information Notices | |||
ATTACHMENT 1 | |||
4 qTDSAE IN 90-62 NUCLEAR REGULATORY COMMISSION SepteIber 25 1990 | |||
dI I . WASHINGTON.O.C.20555 Page of 2 vh? 2 9 1985 | |||
===The American Gem Trade Association=== | |||
ATTN: Ms. Peggy illett | |||
Executive Director | |||
===World Trade Center=== | |||
Suite 181 | |||
===P.O. Box 581043=== | |||
Dallas, Texas 75258 Gentlemen: | |||
This letter is to advise you of the recent Nuclear Regulatory Commission | |||
decision regarding distribution of neutron-irradiated gems In the Unitedexempt | |||
States. The Commission has determined that It will authorize,of through gems such as | |||
distribution licenses, the distribution in the United States | |||
topaz which have been neutron-irradiated in reactors to enhance their color. | |||
The distribution of neutron-irradiated topaz is a continuing activity, and th | |||
NRC therefore plans to act expeditiously on the licensing of domestic reactors. | |||
and importers. We would appreciate your assistance In informing the gem trade | |||
industry of the requirements for licensing of distributors of neutron-irradiated | |||
gems. We would also appreciate your providing the NRC with a listingand of those | |||
individuals or groups that are currently involved in the importation | |||
distribution of neutron-irradiated topaz. This information will assist us in | |||
determining the steps that must be taken to license this activity. | |||
Owners of domestic reactors and importers wishing to distribute neutron-irradiated the NRC | |||
gems, such as topaz, will be required to obtain a specific license from subject | |||
pursuant to 10 CFR Section 32.11. Th, license. if granted, will not be | |||
to the prohibition against distributibn of products intended for application to | |||
a human being. However, license applications must meet the other requirements | |||
of 10 CFR Sections 32.11, 30.14, and 30.70. Copies of these regulations are | |||
enclosed. | |||
Any license application must describe the means by which gems will be measured | |||
for radiation, the means for assuring that all gems released meet the limits | |||
for exempt concentrations of radioactive material, and a commnitment that only | |||
cut, finished gems will be distributed under the license. | |||
Those persons who are currently Involved In irradiating and/or importing of | |||
neutron-irradiated gemstones should immediately contact the NRC Division | |||
Industrial and Medical Nuclear Safety to discuss current and planned activities | |||
so that a determination can be made on the course of action that should be | |||
taken. If individuals are currently distributing or intend to distribute | |||
neutron-irradiated gemstones, they must obtain a license to specifically | |||
authorize this activity. Failure to obtain a proper license could result in | |||
enforcement action on the part of the NRC. | |||
ATTACHMENT 1 IN 90-62 SejiVjr,A 1990 | |||
2 Persons (such as secondary distributors and individual consumers) who receive | |||
gems from an NRC-licensed distributor do not need a license. Only the initial | |||
distributor In the United States must be licensed pursuant to 10 CFR Section 32.11. | |||
I hope that this Information is useful in clarifying the NRC position en this | |||
matter. and the actions that should be taken by some members of your association. | |||
Licensing questions may be directed to Mr. Michael Lamastra at 301-492-0639. | |||
-Other questions may be directed to the NRC Office of Public Affairs at | |||
301-492-7715. | |||
Thank you for your assistance in this matter. | |||
Sincerely, Hugh L. Thompson, Jr.. Director | |||
Office of Nuclear Material | |||
Safety and Safeguards | |||
Enclosures: | |||
10 CFR Parts 30, 32, and 170 | |||
K) | |||
ATTACHMENT 2 ag0q | |||
UNITED STATES IN 90-62 t Aou | |||
NUCLEAR REGULATORY COMMISSION September 25, 1990 | |||
WASHINGTON. 0. C. 205S5 FEBRUARY 23, 1988 TO ALL NON-POWER REACTOR LICENSEES | |||
Gentlemen: | |||
(GENERIC LETTER | |||
SUBJECT: DISTRIBUTION OF GEMS IRRADIATED IN RESEARCH REACTORS | |||
88-04; SEE ALSO GENERIC LETTER 86-l1, DATED JUNE 25, 1986) | |||
licensees might. be | |||
On June 25, 1986, we notified ycu that research reactor radioactivity to | |||
irradiating and distributing products containing induced | |||
We noted that 10 CFR | |||
unlicensed persons In violation of NRC regulations.material into a product for | |||
Section 30.14 prohibits introduction of byproduct has a specific | |||
ddi'stribution to an unlicensed person, unless the distributor | |||
32.11 which permits such distribution. | |||
license issued pursuant to 10 CFR Section toys, policy against radioactive | |||
We also noted that due to a long-standing for distribution | |||
novelties, and adornments, the staff has not granted licenses | |||
of Irradiated gems or similar materials. | |||
from licensees | |||
Throughout 1986 and 1987, we have received numerous inquiries respect to | |||
with | |||
and others, requesting that NRC take a definitive'position reported that large. | |||
neutron-irradiated gems such as topaz. These persons | |||
are on the United States retail market from | |||
quantities of irradiated topaz in the interest bf | |||
both foreign and domestic sources. They requested that, health, NRC | |||
public | |||
fairness and consistency, as well as protection of the | |||
expeditiously resolve the issue. | |||
authorizing the | |||
Applications will now be considered for interim licenses to unlicensed | |||
distribution of neutron-irradiated gems, particularly topaz, develop a policy | |||
also | |||
persons pursuant' to 10 CFR Section 32.11. The NRC will | |||
risks which are'too low | |||
which recognizes the existence-of radiation doses and Based on this-policy, to Justify regulation to protect public health and safety. | |||
for classes of radioactive materials | |||
specific regulations will be developed will not be | |||
such'as irradiated gems. The interim licenses, if granted, against distribution of products intended fOr | |||
subject to the prohibition must meet the | |||
application to a human being. However, license applications The | |||
30.70. | |||
other requirements of 10 CFR Sections 32.11, 30.14, and is given in | |||
radioactivity concentration limit for any single radionuclide for multiple | |||
Schedule A of 10 CFR Section 30.70. The limit applicable | |||
in Note 2 of '10 CFR | |||
radionuclides may be calculated using the method specified | |||
Section 30.70. | |||
finished gems only, The interim licenses will authorize distribution of cut, associated with | |||
because the potential for occupational radiation exposures | |||
than for normal consumer use. | |||
cutting and grindina gems is much higher for identification and | |||
License applications must describe the proposed methods | |||
quality control | |||
measurements of the radionuclides in the gems, and the are below the | |||
assuring that all gems released to the public | |||
procedures for | |||
limits specified in 10 CFR Section 30.70. | |||
_"02FAV)5j 'IP. | |||
ATTACHMENT 2 IN 90-62 September 25, 1990 | |||
Page 2 of .2 Multiple Addresses - 2 - | |||
The NRC staff is aware that neutron-irradiated topaz has | |||
the United States which contains radioactivity above the been imported into | |||
limits specified in | |||
10 CFR Sections 30.14 and 30.70. Accordingly, consistent | |||
with the requirements | |||
of 10 CFR Section 32.11, the staff plans to control distribution | |||
gems at the source and, thus, envisions two principal groups of irradiated | |||
distribution licenses, i.e., domestic reactors and initial of applicants for | |||
importers. Both | |||
groups will be subject to similar regulatory requirements. | |||
Those reactor licensees who are currently distributina, or | |||
irradiated gemstones to unlicensed persons must obtain a intend to distribute | |||
license which | |||
specifically authorizes this activity. Applications for distribution | |||
should be submitted with proper fee (see 10 CFR Part 170) licenses | |||
to: | |||
U.S. Nuclear Regulatory Commission | |||
Division of Industrial and Medical Nuclear Safety | |||
Washington, DC 20555 Persons (such as secondary distributors and individual consumers) | |||
gems from an NRC-licensed distributor do not need a license. who receive | |||
distributor in the United States must be licensed pursuant Only the initial | |||
to 10 CFR | |||
Section 32.11. | |||
This letter is for information only and does not require a | |||
response. Those | |||
persons who are currently irradiatinq and/or distributing irradiated | |||
should immediately contact the NRC Division of Industrial gemstones | |||
and Medical Nuclear | |||
Safety to discuss current and planned activities so that a | |||
determination can | |||
be made on the course of action that should be taken. Questions | |||
NRC distribution licenses may be directed to Michael Lamastra concerning | |||
Questions concerning non-power reactor licenses may be directed (301-492-0639). | |||
Rubenstein (301-492-1118). Questions concerning license to Lester | |||
fees may be directed | |||
to Glenda Jackson (301-492-8740). | |||
Fra a, Associate Director | |||
for rojects | |||
Office of Nuclear Reactor Regulation | |||
Richard E. Cunningham Director | |||
Division of Industrial and | |||
Medical Nuclear Safety | |||
Office of Nuclear Material | |||
Safety and Safeguards | |||
Attachment 3 IN 90-62 September 25, 1990 NUCLEAR REGULATORY COMMISSION (NRC) | |||
GUIDANCE ON IMPORT DOCUMENTATION FOR | |||
COMMONLY IRRADIATED GEMSTONES, INCLUDING BLUE TOPAZ | |||
All imported gems should contain clear documentation as to whether | |||
1. or not | |||
they are neutron-irradiated, accelerator-irradiated, irradiated at all. | |||
by an | |||
2. Neutron-irradiated gems from foreign reactors must be imported | |||
the name of the | |||
NRC or State licensee. The documentation should state | |||
licensee and license number. | |||
Neutron-irradiated gems from U.S. reactors, which may have been | |||
3. were previously | |||
exported, may be imported by non-licensees if they | |||
distributed in the U.S. under the terms of an NRC distribution | |||
licensee and | |||
license. The documentation must state the name of the license | |||
A reactor operating number | |||
NRC distribution license number. | |||
is not sufficient. | |||
imported by | |||
4. Accelerator-irradiated gems and unirradiated gems maybybethe U.S. | |||
non-licensees. Such gems will be subject to checks | |||
Customs Service or NRC, to verify that the gems are not | |||
neutron-irradiated. | |||
verification | |||
5. Undocumented gems may be subject to import delays, pending | |||
as to whether they contain radioactive material. | |||
Attachment 4 IN 90-62 September 25, 1990 LIST OF RECENTLY ISSUED | |||
NMSS INFORMATION NOTICES | |||
===Information Date of=== | |||
Subject Issuance Issued to: | |||
Notice No. | |||
Errors in the use of 09/17/90 All medical licensees | |||
90-59 Radioactive Iodlne-131 Improper Handling of 09/11/90 All Nuclear Regulatory | |||
90-58 Commission (NRC) medical | |||
Ophthalmic Strontium-90 | |||
Beta Radiation Applicators | |||
Inadvertent Shipment of a 09/04/90 All U.S. Nuclear | |||
90-56 Regulatory Commission | |||
Radioactive Source in a (NRC) licensees | |||
Container Thought to be Empty | |||
Minimization of Methane Gas 08/08/90 All holders of operating | |||
90-50 licenses or construction | |||
in Plant Systems and Radwaste permits for nuclear power | |||
Shipping Containers | |||
reactors | |||
Dose-Rate Instruments 06/29/90 All NRC licensees | |||
90-44 Underresponding to the True | |||
Radiation Fields | |||
Requirements for Processing 05/29/90 All fuel facility and | |||
90-38 materials licensees | |||
Financial Assurance Submittals | |||
for Decommissioning | |||
Transportation of Type A 05/24/90 All U.S. Nuclear Regulatory | |||
90-35 Commission (NRC) Licensees | |||
Quantities of Non-Fissile | |||
Radioactive Materials | |||
Update on Waste Form and 05/04/90 All holders of operating | |||
90-31 licenses or construction | |||
High Integrity Container | |||
Topical Report Review Status, permits for nuclear power | |||
Identification of Problems reactors, fuel cycle | |||
with Cement Solidification, licenses, and certain | |||
and Reporting of Waste Mishaps byproduct materials | |||
licenses | |||
= | Attachment 5 IN 90-62 September 25, 1990 LIST OF RECENTLY ISSUED | ||
1. Letter to American Gem Trade Assoc.,dtd. Jan. 29, | |||
NRC INFORMATION NOTICES | |||
Information Date of | |||
Notice No. Subject Issuance Issued to | |||
90-61 Potential for Residual 9/20/90 All holders of | |||
Heat Removal Pump OLs or CPs for | |||
Pump Damage Caused By nuclear power | |||
Parallel Pump Interaction reactors. | |||
90-60 Availability of Failure 9/20/90 All holders of | |||
Data In the Government- OLs or CPs for | |||
Industry Data Exchange nuclear power | |||
Program reactors. | |||
90-59 Errors In the Use of 9/17/90 All medical | |||
Radioactive Iodine-131 licensees. | |||
90-58 Improper Handling of 9/11/90 All NRC medical | |||
Ophthalmic Strontium-90 licensees. | |||
Beta Radiation Applicators | |||
90-57 Substandard, Refurbished 9/5/90 All holders of OLs | |||
Potter & Brumfield Relays or CPs for nuclear | |||
Misrepresented As New power reactors. | |||
90-56- Inadvertent Shipment of A 9/4/90 All U.S. Nuclear | |||
Radibactive Source In A Regulatory Com- Container Thought To Be mission (NRC) | |||
Empty licensees. | |||
90-55 Recent Operating Experi- 8/31/90 All holders of OLs | |||
ence on Loss of Reactor or CPs for nuclear | |||
Coolant Inventory While power reactors. | |||
In A Shutdown Condition | |||
83-44 Potential Damage to 8/30/90 All holders of OLs | |||
Supp. 1 Redundant Safety Equip- or CPs for nuclear | |||
ment As A Result of power reactors. | |||
Backflow Through the | |||
Equipment and Floor Drain | |||
System | |||
90-54 Summary of Requalification 8/28/90 All holders of OLs | |||
Program Deficiencies or CPs for nuclear | |||
power reactors. | |||
89-18 Criminal Prosecution of 8/24/90 All holders of OLs | |||
Supp. 1 Wrongdoing Committed by or CPs for nuclear | |||
Suppliers of Nuclear power reactors. | |||
Products or Services | |||
OL - Operating ' cense | |||
CP = Construction Permit | |||
IN 90-62 September 25, 1990 retailers in the U.S. do not need to be licensed. Attachment 3 provides | |||
additional guidance on acceptable documentation for imported gemstones. | |||
3. If you wish to obtain an NRC license, contact NRC. Call the Medical, Academic, and Commercial Use Safety Branch at (301) 492-0639. | |||
This information notice does not require a written response to NRC. Any | |||
questions on NRC distribution licenses may be directed to Michael Lamastra | |||
?301-492-0639). Questions on non-power reactor operating licenses may be | |||
directed to Seymour Weiss (301-492-0170). | |||
J i~hard E. Cunningham, Director | |||
Division of Industrial and | |||
Medical Nuclear Safety | |||
Technical Contacts: Cheryl A. Trottier, NMSS | |||
(301) 492-3422 John Hickey, NMSS | |||
(301) 492-3332 Attachments: | |||
1. Letter to American Gem Trade Assoc., | |||
dtd. Jan. 29, 1986 | |||
2. Generic Letter 88-04, dtd. Feb. 23, 1988 | |||
3.' NRC Guidance on Import Documentation for | |||
Commonly Irradiated Gemstones, including | |||
Blue Topaz | |||
4. List of Recently Issued NMSS Information Notices | |||
5. List of Recently Issued NRC Information Notices | |||
*See previous concurrence | |||
OFFC: IMOB* : IMOB* :NMSS* :lMAB* :NRR* :INNS* LINS | |||
NAME: CTrottier :JHickey :EKraus :JGlenn :SWeis~s :6Soblom f RECunningham | |||
DATE: 09/17/90 :09/17/90:09/13/90:09/17/90 :09/18/90 :09/19/90 : O09/?90 | |||
OFFICIAL RECORD COPY | |||
DOCUMENT NAME: IN 90-62 | |||
IN 90- 6) - | |||
September ;5, 1990 3. If you wish to obtain an NRC license, contact NRC. Call the Medical, Academic, and Commercial Use Safety Branch at (301) 492-0639. | |||
This information notice does not require a written response to NRC. Any | |||
cuestions on NRC distribution licenses may be directed to Michael Lamastra | |||
?301-492-0639). Questions on non-power reactor operating licenses may be | |||
directed to Seymour Weiss (301-492-0170). | |||
Richard E. Cunningham, Director | |||
Division of Industrial and | |||
Medical Nuclear Safety | |||
===Technical Contact:=== | ===Technical Contact:=== | ||
=== | ===Cheryl A. Trottier, NMSS=== | ||
1. Letter to American Gem Trade Assoc.,dtd. Jan. 29, | (301) 492-3422 John Hickey, NMSS | ||
301-492-3332 Attachments: | |||
1. Letter to American Gem Trade Assoc., | |||
dtd. Jan. 29, 1986 | |||
2. Generic Letter 88-04, dtd. Feb. 23, 1988 | |||
3. NRC Guidance on Import Documentation for | |||
Commonly Irradiated Gemstones including | |||
Blue Topaz | |||
4. List of Recently Issued NMSS Information Notices | |||
5. List of Recently Issued NRC Information Notices | |||
*See previous concurrence | |||
OFFC: IMOB* : IMOB* :NMSS* :IMAB* :NRR* :INNS* I NS | |||
NAME: CTrottier :JHlckey :EKraus :JGlenn :SWeiss :GSjoblom : RECunni4iham | |||
/11 DATE: 09/17/90 :09/17/90:09/13/90:09/17/90 :09/18/90 :09/19/90 : O9//y/90 | |||
OFFICIAL RECORD COPY | |||
IN 90- | |||
September , 1990 3. If you wish to obtain an NRC license, contact NRC. Call the Medical, Academic, and Commercial Use Safety Branch at (301) 492-0639. | |||
This information notice does not require a written response to NRC. Any | |||
questions on NRC distribution licenses may be directed to Michael Lamastra | |||
?301-492-0639. Questions on non-power reactor operating licenses may be | |||
directed to S our Weiss (301-492-01f0). | |||
7 Richard E. Cunningham, Director | |||
Division of Industrial and | |||
Medical Nuclear Safety | |||
===Technical Contact:=== | ===Technical Contact:=== | ||
=== | ===Cheiyl A. Trottier NMSS=== | ||
1. Letter to American Gem Trade | N | ||
(301) 492-3422 John Hi cey, NMSS | |||
301-492-3332 Attachments: | |||
1. Letter to American Gem Trade Assoi.o. , | |||
dtd. Jan. 29, 1986 \ | |||
2. Generic Letter 88-04, dtd Feb 2' '3,1988 | |||
3. NRC Guidance on Import Documentat'ton for | |||
Commonly Irradiated Gemstones | |||
Blue Topaz | |||
4. List of Recently Issued NMSS Infoi | |||
5. List of Recently Issued NRC Inforn | |||
OFFICIAL RECORD COPY}} | |||
{{Information notice-Nav}} | {{Information notice-Nav}} |
Latest revision as of 03:59, 24 November 2019
-X
UNITED STATES
NUCLEAR REGULATORY COMMISSION
OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS
WASHINGTON, D.C. 20555 September 25, 1990
NRC INFORMATION NOTICE NO. 90-62: REQUIREMENTS FOR IMPORT AND DISTRIBUTION
OF NEUTRON-IRRADIATED GEMS
Addressees
All irradiated gemstone importers and distributors, and all non-power reactor
licensees.
Purpose
To remind gemstone importers and distributors of long-standing Nuclear Regulatory
Commission (NRC) requirements contained in 10 CFR Parts 30 and 110, governing
the Import and distribution of neutron-irradiated gems, and to provide Information
on NRC's planned actions on unauthorized Importation or distribution. It is
expected that licensees, importers, and distributors will review this information
and assure that they comply with applicable requirements. This notice does not
in itself establish any new requirements, and no written response is required.
Discussion:
Since 1986, numerous inquiries to NRC indicated that large quantities of reactor
neutron-irradiated gems, particularly blue topaz, were being distributed in the
United States without NRC authorization. Neutron-irradiated gems contain small
quantities of radioactive byproduct material. A special NRC license is required
for distribution of such gems to unlicensed persons (such as gem dealers, wholesalers, and consumers). In early 1988, NRC informed all gem industry
representatives and non-power reactor licensees that NRC would accept
applications for such licenses to distribute neutron-irradiated gems (see
Attachments 1 and 2). The license requirements are contained in 10 CFR
Parts 30 and 32.
Licensed distributors must have radiation measurement and quality control
procedures for ensuring that all gems released to the public are below the
radioactivity limits specified in 10 CFR 30.70. The distributors must disclose
to their customers that gems are neutron-irradiated. The licenses authorize
distribution of cut, finished gems only, because radiation exposures associated
with cutting and grinding gems are potentially much higher than those incurred
through normal consumer use.
As of September 1, 1990, three organizations (University of Missouri; General
Atomics, San Diego, CA; and Alnor Instrument Co., Skokie, IL) have obtained
appropriate distribution licenses for neutron-irradiated blue topaz. One
import license application is pending. In the meantime, the NRC staff
continues to receive reports of unauthorized imports of neutron-irradiated gems, particularly blue topaz. NRC does not have any information to indicate that
the radiation levels in such gems are a public health hazard, and has not yet
taken an-yenforcement action. Nevertheless, the possibility exists that
r 909l0242jZ§)
IN 90-62 September 25, 1990 hazardous radioactive gems, which have not been properly checked for excessive
radiation levels, could be imported by an unauthorized source. Therefore, the
NRL staff is taking the following actions:
1. NRC will take enforcement action against unauthorized importers or
distributors of neutron-irradiated gems. Enforcement action may include
imposition of monetary penalties or referral to the Department of Justice
for potential criminal prosecution or to obtain an injuction by a Federal
District Court.
2. NRC will arrange, in cooperation with the U.S. Customs Service, to check
imported shipments of blue topaz to verify that they are authorized.
Customs agents will look for written certification as to whether gems are
unirradiated, accelerator-irradiated, or neutron-irradiated, and whether
NRC has licensed the importers. Unauthorized imports of neutron-irradiated
gems will be subject to seizure by U.S. Customs, and investigation by the
NRC Office of Investigations for possible criminal prosecution.
Neutron-irradiated gems may be imported under one of the following conditions:
a. The importer possesses a valid NRC or state license to possess the
gems.
b. The gems were previously distributed in the U.S. under the terms of
a valid NRC license authorizing distribution to unlicensed (exempt)
persons, and later exported. (Gems that may have been irradiated
and exported without going through a licensed distributor may not be
imported by unlicensed persons.)
Undocumented gems and gems with incomplete documentation may be subject to
import delays, pending verification as to whether they contain radioactive
material. All imported blue topaz or other suspect gems will be subject to
random checks by NRC or U.S. Customs, to determine the presence and quantities
of radioactive byproduct material.
Importers and distributors of blue topaz gems or other commonly irradiated gems
should take the following actions:
1. Do not import neutron-irradiated gems unless you have a valid NRC distribution
license. (If the gems were previously distributed by an NRC licensee
under the terms of a license authorizing distribution to unlicensed persons, and were exported for mounting, they may be imported without a distribution
license if there is sufficient documentation to verify compliance
with NRC requirements, including identification of the NRC distributor and
license number.)
2. Require your gem supplier to identify and label the gem shipments as
neutron-irradiated, accelerator-produced, or unirradiated. If the gems are
neutron-irradiated, the shipment should clearly state the name and license
number of the licensed distributor/importer. Only the initial distributor/
importer in the U.S. needs to be licensed. Secondary distributors and
n 4 .;.
IN 90-62 September 25, 1990 retailers in the U.S. do not need to be licensed. Attachment 3 provides
additional guidance on acceptable documentation for imported gemstones.
3. If you wish to obtain an NRC license, contact NRC. Call the Medical, Academic, and Commercial Use Safety Branch at (301) 492-0639.
This information notice does not require a written response to NRC. Any
Questions on NRC distribution licenses may be directed to Michael Lamastra
1301-492-0639). Questions on non-power reactor operating licenses may be
directed to Seymour Weiss (301-492-0170).
Richard E. Cunningham, Director
Division of Industrial and
Hedical Nuclear Safety
Technical Contacts: Cheryl A. Trottier, NMSS
(301) 492-3422 John Hickey, NMSS
(301) 492-3332 Attachments:
1. Letter to American Gem Trade Assoc.,
dtd. Jan. 29, 1986
2. Generic Letter 88-04, dtd. Feb. 23, 1988
3. NRC Guidance on Ioport Documentation for
Commonly Irradiated Gemstones, including
Blue Topaz
4. List of Recently Issued. NMSS Information Notices
5. List of Recently Issued NRC Information Notices
ATTACHMENT 1
4 qTDSAE IN 90-62 NUCLEAR REGULATORY COMMISSION SepteIber 25 1990
dI I . WASHINGTON.O.C.20555 Page of 2 vh? 2 9 1985
The American Gem Trade Association
ATTN: Ms. Peggy illett
Executive Director
World Trade Center
Suite 181
P.O. Box 581043
Dallas, Texas 75258 Gentlemen:
This letter is to advise you of the recent Nuclear Regulatory Commission
decision regarding distribution of neutron-irradiated gems In the Unitedexempt
States. The Commission has determined that It will authorize,of through gems such as
distribution licenses, the distribution in the United States
topaz which have been neutron-irradiated in reactors to enhance their color.
The distribution of neutron-irradiated topaz is a continuing activity, and th
NRC therefore plans to act expeditiously on the licensing of domestic reactors.
and importers. We would appreciate your assistance In informing the gem trade
industry of the requirements for licensing of distributors of neutron-irradiated
gems. We would also appreciate your providing the NRC with a listingand of those
individuals or groups that are currently involved in the importation
distribution of neutron-irradiated topaz. This information will assist us in
determining the steps that must be taken to license this activity.
Owners of domestic reactors and importers wishing to distribute neutron-irradiated the NRC
gems, such as topaz, will be required to obtain a specific license from subject
pursuant to 10 CFR Section 32.11. Th, license. if granted, will not be
to the prohibition against distributibn of products intended for application to
a human being. However, license applications must meet the other requirements
of 10 CFR Sections 32.11, 30.14, and 30.70. Copies of these regulations are
enclosed.
Any license application must describe the means by which gems will be measured
for radiation, the means for assuring that all gems released meet the limits
for exempt concentrations of radioactive material, and a commnitment that only
cut, finished gems will be distributed under the license.
Those persons who are currently Involved In irradiating and/or importing of
neutron-irradiated gemstones should immediately contact the NRC Division
Industrial and Medical Nuclear Safety to discuss current and planned activities
so that a determination can be made on the course of action that should be
taken. If individuals are currently distributing or intend to distribute
neutron-irradiated gemstones, they must obtain a license to specifically
authorize this activity. Failure to obtain a proper license could result in
enforcement action on the part of the NRC.
ATTACHMENT 1 IN 90-62 SejiVjr,A 1990
2 Persons (such as secondary distributors and individual consumers) who receive
gems from an NRC-licensed distributor do not need a license. Only the initial
distributor In the United States must be licensed pursuant to 10 CFR Section 32.11.
I hope that this Information is useful in clarifying the NRC position en this
matter. and the actions that should be taken by some members of your association.
Licensing questions may be directed to Mr. Michael Lamastra at 301-492-0639.
-Other questions may be directed to the NRC Office of Public Affairs at
301-492-7715.
Thank you for your assistance in this matter.
Sincerely, Hugh L. Thompson, Jr.. Director
Office of Nuclear Material
Safety and Safeguards
Enclosures:
10 CFR Parts 30, 32, and 170
K)
ATTACHMENT 2 ag0q
UNITED STATES IN 90-62 t Aou
NUCLEAR REGULATORY COMMISSION September 25, 1990
WASHINGTON. 0. C. 205S5 FEBRUARY 23, 1988 TO ALL NON-POWER REACTOR LICENSEES
Gentlemen:
(GENERIC LETTER
SUBJECT: DISTRIBUTION OF GEMS IRRADIATED IN RESEARCH REACTORS
88-04; SEE ALSO GENERIC LETTER 86-l1, DATED JUNE 25, 1986)
licensees might. be
On June 25, 1986, we notified ycu that research reactor radioactivity to
irradiating and distributing products containing induced
We noted that 10 CFR
unlicensed persons In violation of NRC regulations.material into a product for
Section 30.14 prohibits introduction of byproduct has a specific
ddi'stribution to an unlicensed person, unless the distributor
32.11 which permits such distribution.
license issued pursuant to 10 CFR Section toys, policy against radioactive
We also noted that due to a long-standing for distribution
novelties, and adornments, the staff has not granted licenses
of Irradiated gems or similar materials.
from licensees
Throughout 1986 and 1987, we have received numerous inquiries respect to
with
and others, requesting that NRC take a definitive'position reported that large.
neutron-irradiated gems such as topaz. These persons
are on the United States retail market from
quantities of irradiated topaz in the interest bf
both foreign and domestic sources. They requested that, health, NRC
public
fairness and consistency, as well as protection of the
expeditiously resolve the issue.
authorizing the
Applications will now be considered for interim licenses to unlicensed
distribution of neutron-irradiated gems, particularly topaz, develop a policy
also
persons pursuant' to 10 CFR Section 32.11. The NRC will
risks which are'too low
which recognizes the existence-of radiation doses and Based on this-policy, to Justify regulation to protect public health and safety.
for classes of radioactive materials
specific regulations will be developed will not be
such'as irradiated gems. The interim licenses, if granted, against distribution of products intended fOr
subject to the prohibition must meet the
application to a human being. However, license applications The
30.70.
other requirements of 10 CFR Sections 32.11, 30.14, and is given in
radioactivity concentration limit for any single radionuclide for multiple
Schedule A of 10 CFR Section 30.70. The limit applicable
in Note 2 of '10 CFR
radionuclides may be calculated using the method specified
Section 30.70.
finished gems only, The interim licenses will authorize distribution of cut, associated with
because the potential for occupational radiation exposures
than for normal consumer use.
cutting and grindina gems is much higher for identification and
License applications must describe the proposed methods
quality control
measurements of the radionuclides in the gems, and the are below the
assuring that all gems released to the public
procedures for
limits specified in 10 CFR Section 30.70.
_"02FAV)5j 'IP.
ATTACHMENT 2 IN 90-62 September 25, 1990
Page 2 of .2 Multiple Addresses - 2 -
The NRC staff is aware that neutron-irradiated topaz has
the United States which contains radioactivity above the been imported into
limits specified in
10 CFR Sections 30.14 and 30.70. Accordingly, consistent
with the requirements
of 10 CFR Section 32.11, the staff plans to control distribution
gems at the source and, thus, envisions two principal groups of irradiated
distribution licenses, i.e., domestic reactors and initial of applicants for
importers. Both
groups will be subject to similar regulatory requirements.
Those reactor licensees who are currently distributina, or
irradiated gemstones to unlicensed persons must obtain a intend to distribute
license which
specifically authorizes this activity. Applications for distribution
should be submitted with proper fee (see 10 CFR Part 170) licenses
to:
U.S. Nuclear Regulatory Commission
Division of Industrial and Medical Nuclear Safety
Washington, DC 20555 Persons (such as secondary distributors and individual consumers)
gems from an NRC-licensed distributor do not need a license. who receive
distributor in the United States must be licensed pursuant Only the initial
to 10 CFR
Section 32.11.
This letter is for information only and does not require a
response. Those
persons who are currently irradiatinq and/or distributing irradiated
should immediately contact the NRC Division of Industrial gemstones
and Medical Nuclear
Safety to discuss current and planned activities so that a
determination can
be made on the course of action that should be taken. Questions
NRC distribution licenses may be directed to Michael Lamastra concerning
Questions concerning non-power reactor licenses may be directed (301-492-0639).
Rubenstein (301-492-1118). Questions concerning license to Lester
fees may be directed
to Glenda Jackson (301-492-8740).
Fra a, Associate Director
for rojects
Office of Nuclear Reactor Regulation
Richard E. Cunningham Director
Division of Industrial and
Medical Nuclear Safety
Office of Nuclear Material
Safety and Safeguards
Attachment 3 IN 90-62 September 25, 1990 NUCLEAR REGULATORY COMMISSION (NRC)
GUIDANCE ON IMPORT DOCUMENTATION FOR
COMMONLY IRRADIATED GEMSTONES, INCLUDING BLUE TOPAZ
All imported gems should contain clear documentation as to whether
1. or not
they are neutron-irradiated, accelerator-irradiated, irradiated at all.
by an
2. Neutron-irradiated gems from foreign reactors must be imported
the name of the
NRC or State licensee. The documentation should state
licensee and license number.
Neutron-irradiated gems from U.S. reactors, which may have been
3. were previously
exported, may be imported by non-licensees if they
distributed in the U.S. under the terms of an NRC distribution
licensee and
license. The documentation must state the name of the license
A reactor operating number
NRC distribution license number.
is not sufficient.
imported by
4. Accelerator-irradiated gems and unirradiated gems maybybethe U.S.
non-licensees. Such gems will be subject to checks
Customs Service or NRC, to verify that the gems are not
neutron-irradiated.
verification
5. Undocumented gems may be subject to import delays, pending
as to whether they contain radioactive material.
Attachment 4 IN 90-62 September 25, 1990 LIST OF RECENTLY ISSUED
NMSS INFORMATION NOTICES
Information Date of
Subject Issuance Issued to:
Notice No.
Errors in the use of 09/17/90 All medical licensees
90-59 Radioactive Iodlne-131 Improper Handling of 09/11/90 All Nuclear Regulatory
90-58 Commission (NRC) medical
Ophthalmic Strontium-90
Beta Radiation Applicators
Inadvertent Shipment of a 09/04/90 All U.S. Nuclear
90-56 Regulatory Commission
Radioactive Source in a (NRC) licensees
Container Thought to be Empty
Minimization of Methane Gas 08/08/90 All holders of operating
90-50 licenses or construction
in Plant Systems and Radwaste permits for nuclear power
Shipping Containers
reactors
Dose-Rate Instruments 06/29/90 All NRC licensees
90-44 Underresponding to the True
Radiation Fields
Requirements for Processing 05/29/90 All fuel facility and
90-38 materials licensees
Financial Assurance Submittals
for Decommissioning
Transportation of Type A 05/24/90 All U.S. Nuclear Regulatory
90-35 Commission (NRC) Licensees
Quantities of Non-Fissile
Radioactive Materials
Update on Waste Form and 05/04/90 All holders of operating
90-31 licenses or construction
High Integrity Container
Topical Report Review Status, permits for nuclear power
Identification of Problems reactors, fuel cycle
with Cement Solidification, licenses, and certain
and Reporting of Waste Mishaps byproduct materials
licenses
Attachment 5 IN 90-62 September 25, 1990 LIST OF RECENTLY ISSUED
NRC INFORMATION NOTICES
Information Date of
Notice No. Subject Issuance Issued to
90-61 Potential for Residual 9/20/90 All holders of
Heat Removal Pump OLs or CPs for
Pump Damage Caused By nuclear power
Parallel Pump Interaction reactors.
90-60 Availability of Failure 9/20/90 All holders of
Data In the Government- OLs or CPs for
Industry Data Exchange nuclear power
Program reactors.
90-59 Errors In the Use of 9/17/90 All medical
Radioactive Iodine-131 licensees.
90-58 Improper Handling of 9/11/90 All NRC medical
Ophthalmic Strontium-90 licensees.
Beta Radiation Applicators
90-57 Substandard, Refurbished 9/5/90 All holders of OLs
Potter & Brumfield Relays or CPs for nuclear
Misrepresented As New power reactors.
90-56- Inadvertent Shipment of A 9/4/90 All U.S. Nuclear
Radibactive Source In A Regulatory Com- Container Thought To Be mission (NRC)
Empty licensees.
90-55 Recent Operating Experi- 8/31/90 All holders of OLs
ence on Loss of Reactor or CPs for nuclear
Coolant Inventory While power reactors.
In A Shutdown Condition
83-44 Potential Damage to 8/30/90 All holders of OLs
Supp. 1 Redundant Safety Equip- or CPs for nuclear
ment As A Result of power reactors.
Backflow Through the
Equipment and Floor Drain
System
90-54 Summary of Requalification 8/28/90 All holders of OLs
Program Deficiencies or CPs for nuclear
power reactors.
89-18 Criminal Prosecution of 8/24/90 All holders of OLs
Supp. 1 Wrongdoing Committed by or CPs for nuclear
Suppliers of Nuclear power reactors.
Products or Services
OL - Operating ' cense
CP = Construction Permit
IN 90-62 September 25, 1990 retailers in the U.S. do not need to be licensed. Attachment 3 provides
additional guidance on acceptable documentation for imported gemstones.
3. If you wish to obtain an NRC license, contact NRC. Call the Medical, Academic, and Commercial Use Safety Branch at (301) 492-0639.
This information notice does not require a written response to NRC. Any
questions on NRC distribution licenses may be directed to Michael Lamastra
?301-492-0639). Questions on non-power reactor operating licenses may be
directed to Seymour Weiss (301-492-0170).
J i~hard E. Cunningham, Director
Division of Industrial and
Medical Nuclear Safety
Technical Contacts: Cheryl A. Trottier, NMSS
(301) 492-3422 John Hickey, NMSS
(301) 492-3332 Attachments:
1. Letter to American Gem Trade Assoc.,
dtd. Jan. 29, 1986
2. Generic Letter 88-04, dtd. Feb. 23, 1988
3.' NRC Guidance on Import Documentation for
Commonly Irradiated Gemstones, including
Blue Topaz
4. List of Recently Issued NMSS Information Notices
5. List of Recently Issued NRC Information Notices
- See previous concurrence
OFFC: IMOB* : IMOB* :NMSS* :lMAB* :NRR* :INNS* LINS
NAME: CTrottier :JHickey :EKraus :JGlenn :SWeis~s :6Soblom f RECunningham
DATE: 09/17/90 :09/17/90:09/13/90:09/17/90 :09/18/90 :09/19/90 : O09/?90
OFFICIAL RECORD COPY
DOCUMENT NAME: IN 90-62
IN 90- 6) -
September ;5, 1990 3. If you wish to obtain an NRC license, contact NRC. Call the Medical, Academic, and Commercial Use Safety Branch at (301) 492-0639.
This information notice does not require a written response to NRC. Any
cuestions on NRC distribution licenses may be directed to Michael Lamastra
?301-492-0639). Questions on non-power reactor operating licenses may be
directed to Seymour Weiss (301-492-0170).
Richard E. Cunningham, Director
Division of Industrial and
Medical Nuclear Safety
Technical Contact:
Cheryl A. Trottier, NMSS
(301) 492-3422 John Hickey, NMSS
301-492-3332 Attachments:
1. Letter to American Gem Trade Assoc.,
dtd. Jan. 29, 1986
2. Generic Letter 88-04, dtd. Feb. 23, 1988
3. NRC Guidance on Import Documentation for
Commonly Irradiated Gemstones including
Blue Topaz
4. List of Recently Issued NMSS Information Notices
5. List of Recently Issued NRC Information Notices
- See previous concurrence
OFFC: IMOB* : IMOB* :NMSS* :IMAB* :NRR* :INNS* I NS
NAME: CTrottier :JHlckey :EKraus :JGlenn :SWeiss :GSjoblom : RECunni4iham
/11 DATE: 09/17/90 :09/17/90:09/13/90:09/17/90 :09/18/90 :09/19/90 : O9//y/90
OFFICIAL RECORD COPY
IN 90-
September , 1990 3. If you wish to obtain an NRC license, contact NRC. Call the Medical, Academic, and Commercial Use Safety Branch at (301) 492-0639.
This information notice does not require a written response to NRC. Any
questions on NRC distribution licenses may be directed to Michael Lamastra
?301-492-0639. Questions on non-power reactor operating licenses may be
directed to S our Weiss (301-492-01f0).
7 Richard E. Cunningham, Director
Division of Industrial and
Medical Nuclear Safety
Technical Contact:
Cheiyl A. Trottier NMSS
N
(301) 492-3422 John Hi cey, NMSS
301-492-3332 Attachments:
1. Letter to American Gem Trade Assoi.o. ,
dtd. Jan. 29, 1986 \
2. Generic Letter 88-04, dtd Feb 2' '3,1988
3. NRC Guidance on Import Documentat'ton for
Commonly Irradiated Gemstones
Blue Topaz
4. List of Recently Issued NMSS Infoi
5. List of Recently Issued NRC Inforn
OFFICIAL RECORD COPY