Information Notice 1990-62, Requirements for Import and Distribution of Neutron-Irradiated Gems

Requirements for Import and Distribution of Neutron-Irradiated Gems

ML031140017
Person / Time
Site:	Beaver Valley, Millstone, Hatch, Monticello, Calvert Cliffs, Dresden, Davis Besse, Peach Bottom, Browns Ferry, Salem, Oconee, Nine Mile Point, Palisades, Palo Verde, Perry, Indian Point, Fermi, Kewaunee, Catawba, Harris, Wolf Creek, Saint Lucie, Point Beach, Oyster Creek, Watts Bar, Hope Creek, Grand Gulf, Cooper, Sequoyah, Byron, Pilgrim, Arkansas Nuclear, Three Mile Island, Braidwood, Susquehanna, Summer, Prairie Island, Columbia, Seabrook, Brunswick, Surry, Limerick, North Anna, Turkey Point, River Bend, Vermont Yankee, Crystal River, Haddam Neck, Ginna, Diablo Canyon, Callaway, Vogtle, Waterford, Duane Arnold, Farley, Robinson, Clinton, South Texas, San Onofre, Cook, Comanche Peak, Yankee Rowe, Maine Yankee, Quad Cities, Humboldt Bay, La Crosse, Big Rock Point, Rancho Seco, Zion, Midland, Bellefonte, Fort Calhoun, FitzPatrick, McGuire, LaSalle, Fort Saint Vrain, Shoreham, Satsop, Trojan, Atlantic Nuclear Power Plant
Issue date:	09/25/1990
From:	Cunningham R E NRC/NMSS/IMNS
To:
References
IN-90-062, NUDOCS 9009190242
Download: ML031140017 (13)

-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 4 n .;.

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 United States. The Commission

has determined

that It will authorize, through exempt distribution

licenses, the distribution

in the United States of gems such as 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 listing of those individuals

or groups that are currently

involved in the importation

and 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

gems, such as topaz, will be required to obtain a specific license from the NRC pursuant to 10 CFR Section 32.11. Th, license. if granted, will not be subject 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 neutron-irradiated

gemstones

should immediately

contact the NRC Division of 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)ag0q ATTACHMENT

2 t Aou UNITED STATES IN 90-62 NUCLEAR REGULATORY

COMMISSION

September

25, 1990 WASHINGTON.

0. C. 205S5 FEBRUARY 23, 1988 TO ALL NON-POWER

REACTOR LICENSEES Gentlemen:

SUBJECT: DISTRIBUTION

OF GEMS IRRADIATED

IN RESEARCH REACTORS (GENERIC LETTER 88-04; SEE ALSO GENERIC LETTER 86-l1, DATED JUNE 25, 1986)On June 25, 1986, we notified ycu that research reactor licensees

might. be irradiating

and distributing

products containing

induced radioactivity

to unlicensed

persons In violation

of NRC regulations.

We noted that 10 CFR Section 30.14 prohibits

introduction

of byproduct

material into a product for ddi'stribution

to an unlicensed

person, unless the distributor

has a specific license issued pursuant to 10 CFR Section 32.11 which permits such distribution.

We also noted that due to a long-standing

policy against radioactive

toys, novelties, and adornments, the staff has not granted licenses for distribution

of Irradiated

gems or similar materials.

Throughout

1986 and 1987, we have received numerous inquiries

from licensees and others, requesting

that NRC take a definitive'position

with respect to neutron-irradiated

gems such as topaz. These persons reported that large.quantities

of irradiated

topaz are on the United States retail market from both foreign and domestic sources. They requested

that, in the interest bf fairness and consistency, as well as protection

of the public health, NRC expeditiously

resolve the issue.Applications

will now be considered

for interim licenses authorizing

the distribution

of neutron-irradiated

gems, particularly

topaz, to unlicensed

persons pursuant'

to 10 CFR Section 32.11. The NRC will also develop a policy which recognizes

the existence-of

radiation

doses and risks which are'too low to Justify regulation

to protect public health and safety. Based on this-policy, specific regulations

will be developed

for classes of radioactive

materials such'as irradiated

gems. The interim licenses, if granted, will not be subject to the prohibition

against distribution

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. The radioactivity

concentration

limit for any single radionuclide

is given in Schedule A of 10 CFR Section 30.70. The limit applicable

for multiple radionuclides

may be calculated

using the method specified

in Note 2 of '10 CFR Section 30.70.The interim licenses will authorize

distribution

of cut, finished gems only, because the potential

for occupational

radiation

exposures

associated

with cutting and grindina gems is much higher than for normal consumer use.License applications

must describe the proposed methods for identification

and measurements

of the radionuclides

in the gems, and the quality control procedures

for assuring that all gems released to the public are below the 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 been imported into the United States which contains radioactivity

above the 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

of irradiated

gems at the source and, thus, envisions

two principal

groups of applicants

for distribution

licenses, i.e., domestic reactors and initial importers.

Both groups will be subject to similar regulatory

requirements.

Those reactor licensees

who are currently

distributina, or intend to distribute

irradiated

gemstones

to unlicensed

persons must obtain a license which specifically

authorizes

this activity.

Applications

for distribution

licenses should be submitted

with proper fee (see 10 CFR Part 170) to: U.S. Nuclear Regulatory

Commission

Division of Industrial

and Medical Nuclear Safety Washington, DC 20555 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.This letter is for information

only and does not require a response.

Those persons who are currently

irradiatinq

and/or distributing

irradiated

gemstones should immediately

contact the NRC Division of 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. Questions

concerning

NRC distribution

licenses may be directed to Michael Lamastra (301-492-0639).

Questions

concerning

non-power

reactor licenses may be directed to Lester Rubenstein

(301-492-1118).

Questions

concerning

license 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 1. All imported gems should contain clear documentation

as to whether they are neutron-irradiated, accelerator-irradiated, or not irradiated

at all.2. Neutron-irradiated

gems from foreign reactors must be imported by an NRC or State licensee.

The documentation

should state the name of the licensee and license number.3. Neutron-irradiated

gems from U.S. reactors, which may have been exported, may be imported by non-licensees

if they were previously

distributed

in the U.S. under the terms of an NRC distribution

license. The documentation

must state the name of the licensee and NRC distribution

license number. A reactor operating

license number is not sufficient.

4. Accelerator-irradiated

gems and unirradiated

gems may be imported by non-licensees.

Such gems will be subject to checks by the U.S.Customs Service or NRC, to verify that the gems are not neutron-irradiated.

5. Undocumented

gems may be subject to import delays, pending verification

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 Notice No. Subject Issuance Issued to: 90-59 90-58 90-56 90-50 Errors in the use of Radioactive

Iodlne-131 Improper Handling of Ophthalmic

Strontium-90

Beta Radiation

Applicators

Inadvertent

Shipment of a Radioactive

Source in a Container

Thought to be Empty Minimization

of Methane Gas in Plant Systems and Radwaste Shipping Containers

09/17/90 09/11/90 09/04/90 08/08/90 All medical licensees All Nuclear Regulatory

Commission (NRC) medical All U.S. Nuclear Regulatory

Commission (NRC) licensees All holders of operating licenses or construction

permits for nuclear power reactors 90-44 Dose-Rate

Instruments

Underresponding

to the True Radiation

Fields 06/29/90 All NRC licensees 90-38 90-35 90-31 Requirements

for Processing

05/29/90 Financial

Assurance

Submittals

for Decommissioning

Transportation

of Type A 05/24/90 Quantities

of Non-Fissile

Radioactive

Materials Update on Waste Form and 05/04/90 High Integrity

Container Topical Report Review Status, Identification

of Problems with Cement Solidification, and Reporting

of Waste Mishaps All fuel facility and materials

licensees All U.S. Nuclear Regulatory

Commission (NRC) Licensees All holders of operating licenses or construction

permits for nuclear power reactors, fuel cycle licenses, and certain 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 90-60 90-59 90-58 90-57 90-56-90-55 83-44 Supp. 1 90-54 89-18 Supp. 1 Potential

for Residual Heat Removal Pump Pump Damage Caused By Parallel Pump Interaction

Availability

of Failure Data In the Government- Industry Data Exchange Program Errors In the Use of Radioactive

Iodine-131 Improper Handling of Ophthalmic

Strontium-90

Beta Radiation

Applicators

Substandard, Refurbished

Potter & Brumfield

Relays Misrepresented

As New Inadvertent

Shipment of A Radibactive

Source In A Container

Thought To Be Empty Recent Operating

Experi-ence on Loss of Reactor Coolant Inventory

While In A Shutdown Condition Potential

Damage to Redundant

Safety Equip-ment As A Result of Backflow Through the Equipment

and Floor Drain System Summary of Requalification

Program Deficiencies

Criminal Prosecution

of Wrongdoing

Committed

by Suppliers

of Nuclear Products or Services 9/20/90 9/20/90 9/17/90 9/11/90 9/5/90 9/4/90 8/31/90 8/30/90 8/28/90 8/24/90 All holders of OLs or CPs for nuclear power reactors.All holders of OLs or CPs for nuclear power reactors.All medical licensees.

All NRC medical licensees.

All holders of OLs or CPs for nuclear power reactors.All U.S. Nuclear Regulatory

Com-mission (NRC)licensees.

All holders of OLs or CPs for nuclear power reactors.All holders of OLs or CPs for nuclear power reactors.All holders of OLs or CPs for nuclear power reactors.All holders of OLs or CPs for nuclear power reactors.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.Academic, and Commercial

Use Safety Branch at (301)Call the Medical, 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 Academic, and Commercial

NRC license, contact NRC.Use Safety Branch at (301)Call the Medical, 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: Chei yl A. Trottier (301) 492-3422 John Hi cey, NMSS 301-492-3332 Attachments:

1. Letter to American Gem Trade Assoi dtd. Jan. 29, 1986 \2. Generic Letter 88-04, dtd Feb 2'3. NRC Guidance on Import Documentat'

Commonly Irradiated

Gemstones Blue Topaz 4. List of Recently Issued NMSS Infoi 5. List of Recently Issued NRC Inforn N NMSS.o. ,'3, 1988 ton for OFFICIAL RECORD COPY