ML20011D788

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Package Consisting of Portions of & Reprints from Fr ,651222,671118 & 770203
ML20011D788
Person / Time
Issue date: 12/21/1989
From:
NRC
To:
Shared Package
ML20011D787 List:
References
FOIA-89-487 NUDOCS 8912290113
Download: ML20011D788 (12)


Text

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UNITED STATES NUCLEAR REGULATGRY C3MMISSICN s

. RULES and REGULATIONS TffLE 10, CHAPTER 1, CODE OF PEDERAL REGULANONS-ENERGY PART DOMESTIC UCENSING OF SOURCE MATERIAL 40 l

STATEMENTS OF CONSIDERATION

'*' **"t'lul"8 * "#C' * * * " *S**

Pursuant to the Atomic Energy Act bih 2/21/58

" inte dsd for use by the general pub.

of 1954, as amended, and the Admints.

Effective 2/21/58 lie. i 'Ihe Commlasjon has determined tradve Procedure Act of 1946, the 101 that a fintahed opUcallens is a product lowing amendment of Title 10, Chapter 1, See Part 70 Statements of Consideration.

intended for use by the general public Code of Wderal Regulations, Part 40, Accordingly, the transfer of possenalon or is published as a document subject to control by the manufacturer of a fin.

codification, to be effective 30 days after leheid optical lens containing thorium pub!! cation in the Psornat Esatstra, would be subject to Commlaston licens.

26 R 284 ing even though the unit is manufac.

Pub hed 1/14/61 tured purevant to an Agreement State Effec e2/13/61

Ucense, Pursuant to the Atomic Energy Act of ne 11owing amendments to Part 40 1m, as amnded, and the Administra. 31 FR 4668 constitu an over all revision of 10 CFR tin m Act d IW, the foDowing Published 3/19/66 Part 40, ontrol of Source Material" amndant of 10 CM Part 40 le pub
  • E ffective 3/19/66 Notice o repose 211ssuance of the fol.

11ahed as a document subject to codloca.

lowing rul was pub!Lhed in the Rs !

Protaat Rec tra on September 7,1960 t

ub catio th Pso a (25 FA 8619) A detailed statement of 1stsa.

See Part 20 Statements of Consideration.

considerations plaining the provisions of the following mendments was pub.

11shed ylth the n Ice of proposed rule

. making, Commen filed by interested persons have been ten careful con.

sideration, ne follo ng amendments 30 FR 15802 are-the same as those ncorporated in Published 12/22/65 Effective 1/21/66

. the notice of proposed e making, es, cept that l 40.42 has been vised to take Published 2/2/66 Into account long period f lity licenses Effective 1 /2/66 which incorporate in a sing, document Esemption of Thorium Contoined in licenses also for source mate ' which Electric Lomps To Be Used for ll*

huonco : hendmenrr to Chapter may be used as fuel or blanket terial.

Ivmtr,c ing Forposee Accordingly, effective 30 da after On Au&ust 17, 1965, the CorWon See Part 9 St ternents of Consideration.

publication in the Psoraat Rscts a,10 g,uM1 abed in the Psmsan Raotma (30 CFR Part 40 la amended to read as F A 10203) a proposed amendment of follows!

Its regulation ucenalog of Source Ms.

terial," 10 CFR Part 40. The amend.

, y' Published 8/7/63

+

28 FR 8021 ment would esempt the receipt, posses.

shn, use, transfer and Import into **

32 FR 7172 Ef fective 9/6/63 Un!ted States of thorium contained la Published 6/12/6 On May 8,1993 (28 F.R. 4621) the two categories of electric lamps to be Effective 5/12/67

.hmteston published a proposed used for md=fuung purposes, AD intasested persons were invited to On December 2,1964, the Atomic amendment of 10 CFR Part 40,"Licens.

submit wristen comments and sussee.

lag of Source Material", which would Energy Commisal n published in the d

one.npt frotn the Ucensing requirementa

$y1 fyr,

,d amendm of w thin 8 Psosaat Ractsysa t 1 F.R.16361) a pro.

p of Part the rece m

impo in

'n days after pubbcation of the notice in posed amendment 10 CPR Part 40, the Protaat Ractsm. No adverse com.

Licensing of source Material, to olta.

States of glae in the form of finished menta or comments suggesting changes inste the restriction. in i 40.42, of the opucal lenaes containing not more than wete received. The tent of the amend.

terms of sourcs ma 1 Ilcenses to 3 30 percent by weight of thorium.

ment set out below is identical with the years. The amendmen would make 10 The notice of proposed rule making text of the proposed amendment pub.

CFR Part 40 consistent in that respect, allowed 30 days for puttle comment. No lished August I'l,1965.

with equivalent provis!

In 10 CFR comments have been received in response ne Commission has determined that Parts 30 and 10 which overn the U.

to the nouce of proposed rule making-electric lamps to be used for illuminating censing of byproduct ma rial and spe.

Section 150.16(a)(6) of 10 CPR Part purposes are products intended for une etal nuclear material, res tively, ne 150 provides that persons in Agreement by the general public. Accordingly, the Commlaalon stated,in the n tice of pro.

States are not exempt from the Commis.

transfer of ponession or control by the posed rule maktne, that if it dopted the alon'e lleensing and other regulatory con.

manufacturer of such lamps would not proposed amendment, the mmiaston trols with respect to "The transfer of be subject to the licensing and regulatory would lasue source, byproduct and spea cial nuclear material licenses r terms 1

posacssion or control by the InanufaC*

authority of an streeutent State even turer, processor, or producer of any if manufactured pursuant to an agree, of 6 years, except in cases w ere the l

nature of the applicant's pro no.

equipment. device, commodity, or other ment State '!! cense 8912290113 891221 i

PDR FOIA g/

FOGARTYBc/-487 PDRz W

A/A

[

m 1

r Reprint from 28 Federal Register, 8021, August 7, 1963-i tie,10,.,M0MIC, ENEHk.,,

prhreuant io the atomic energ, tet of 3

- au. as mnended. and the Admini.tras

.tive Procedure Act of 1946, the following, p./v.:...~;.

. - - <.9 '

4*Ib' Chapter f b'm' mis'slonAtomic Energyf'a (amendment'of 10 CFR Part 40 is pub.

v.4' t

  • '" ' C 6

... # 5 118hed as.a document subject to codifica-i t :. t.

, tion, to be effective thirty (30) days s

.PART 40-LICENSING OF SOURCE after publiention in the Proran. Rao-M AT E RI AL' J.

tstaa.

1. Subparag,raph (7) ef I 40.13(c)"1s.

Exemption of Certain'Op'tical Lenses resdesignated subparagraph (8), -

2. ne following new subparagraph (7) is added to i 40.13(c).

On May 8,' 1963 (28 F.R. 4621) the..

,' Commission. published ;.a 1 proposed

('l) Thorium contained in finished amendment of 10 CFR Part 40,'"Licene.

optical lenses, provided that each lens jing of Bource Material",' which.would.

dos not contain more than 30 percent'

.czempt from the !! censing' requirements:

.by wc!ght of thorium; and that the ex.

' emption contained in this subparagraph of.Part* 40 the receipt,= possession l use,

' transfer, and import into the. United shall not be deemed to authorize either:

Blates of ' glass in the forni of finished (1) The shaping, grinding or polishing

!opticallenses containing not~more'than.

of such lens or manufacturing processes f 30 percent by weight of thorium... ','.

other than the assembly of such lens into 9 The notice of proposed rule making

' Optical 4Fsteens and devices without any l' allowed 30 days for public' comment.No alteration of the. lens: or..- j,..w A 1, g

commenta have been received in response

l'(tli De receipt, possession,use,trans.

'to the1 notice of proposed rule making, fer, or import into the United B@tes of

' ' Bection' 150.15(a)(6)* of 10 CFR Part thptlum contained in contact ]enaami or

' 150 provides that persons in Agreement in spectacles, or in eyeplecos in binocu.

States nre not exempt from the Commis.

%Fe or other optical instruments.

ston'slleensing and other regulatory con-(sec.161, es stat. 948,4s UA.C. 2201)

.trols with respect to "The transfer.of possession or control by' the manufac-Dated at Washington, D.C., this 29th turer,' processor,-or producer of 'any:

day of July 1963.

equipment, device, commodity, or other.

'For the Atomic Energy Commlaston,.

product containing source ' ' mate-x* m. b.',

rial, intended for use by the general pub.

.,.. 'WooDron's B. McCoot,

~

M w

- lic.".The Commission has determined Wa.%. W.r..

Secrefary.

.. that'a finished optical lens is a product'

'{FJ4 W3.es44:-l Filed, TAug. 4 M386s;

.. intended for use by the general public,

  • *: t D Ja J-tf r e:4a sen.1 t.,

..i:,

rAccorr!!ngly'.the transferef r^:W or.

eohtrot. py ithe Jmanufacturer'eW' fin.,

>1shed 6pticalMns c~ ht41algg1,0ioitum o

/wodd' be subject ~ to coennilesion'ilods.*

14ng9even ' though'.the' unit 1s. snanufse(

Mumd'punuant':to'an Mteemeht!

  • licebse.OatAhWo.'aM1 CM,RMA?.N..

s i

e O

-ame.a--.......

i!

o 3-Reprint.from'28 Fedarol Register, 8043, August 7, 1963 ins arbeast ticar by,*0t' application to, a hu-man being for any purpose, including, but not.11mited to, diagnostic, therapeu-tic, or research purposes, or are designed

' for use in any devlee, instrument, appa-

' ratus or apparel, which is intended to be phoed on or in a human body. Exam-ples of products which may be intended for use on or in a human body are spec-tacle frames and intse teeth.

-Y

. Pursuant to the Atcmic Energy Act of 1954, as amended / and the Administra=

tive Procedure Act of 1946, notice is hereby gh'en that adoption of the follow-ing amendment of 10 CFR Part 40 is contemplated.g All interested persons.

who desire to submit written comments or sugestlotas in connection with the pro-

, posed amendment should send them to

. the Secretary, United States Atomic

?

,Commhataaf Washington' 25, NC. 4within 30 days after publicattori of;

$t$ )teueFintthe PsoraAL Raatstaa.

to peelved after that period will '

.% g 7 p., g V M, red if it le practicable to do so.

O

...?8

% FW..

%f *ennalderation cannot JJW.h4s]t'ggQM...- _

.1 3sorpt s._to conunents filed.

Out.1..m the perl specified.

.. ?g."

i= LICENSING OF SOURCE #ATERIAl,W1, subparagraph-(4) of I 40.13(c) is repos' tid Exemption' of' Products bn-l (amended mead as fonon:

tolning Certoln Thorium 4M e t a l : 8 f 0.13 ' Unimportant quantlilee.. ef

. Alloys.

N,

s; M

~ = * *"* t'rbl-ny letter of Febrdary 13,' 10O,I[.

~*

! u Pont de Nemours er Company, Inc.' J (c) Any person.ns exempt from the d

IW11mington, Delaware, filed a petition regulation in this part and from the re-Ifor rule making (PRM-4-6) requesting Quirements for a license set forth in see-that the Commission's regulation, **Lt.

Mon 62 of the Act to the extent that such -

.censinc of Bot.:rce Material" 10 CFR Part person receives, possesses, uses, trans-

~ 40, be amended.to establish an exemp.. fers, or imports into the United States:

tion from licensing requirements' fo' C.* A ' *

  • ~
  • .4
  • r Persons, receiving, possessing,).using,'M(4) Thorium contained in any firilahed transferring orimporting into theUnited.' product or part fabricated of, or con.

Blates any finlahed producta 'or part.taining thorium-metal alloys, provided fabricated of, or containing. nickel-: that the thorium is uniforrr.ly dispersed thorium alloys containing up to 4 percent throughout the alloy and its content in thorium by welght..,mu J, orm the alloy does not exceed 4 percent by The Commission has given' carefulv welsht) and provided that the exemp-consideration to this pettuon., ", seed on tion contained in this subparagraph other data available to the Commisalon,.]'.

(D the chemical, physical or metallur-data furnished by the petitiones and on shall not be deemed to authorize either:

the Commission has found that the pon gical. treatment or processing of 'any session and use in the. United States of % such product or part;'fer, or import into:

or (1D the feceipt, thorium. contained l ins thorium-metal e possession, use,' trans alloys. In which the thoriumadoes *.not, the United States of any such product exceed 4 percent by weight issnot iof ;or part which is' designed for ingestion or

. 's d th e ac U can ainhalation by, or application to, a human

! conducted without unreasonable hazard being for,any purpose, including, but j to life or property v. v,e.r5 w3.not Ilmited to, diagnostic,. therapeutic..

The proposed amendment to 10 CFR -and research purposes, or which is 'de-Part 40 set forth below, would. amend ' signed fo'r use in any deviceilnstrument, I 4Q.13(c)(4) to exempt from the licens-J apparatus, or apparel, which is intended.

Ing requirements of Part 40 the receipt, to be placed on or in a humari body.c..

possession, use, tranafer; and import into.

the Un!ted States of thorium in finished.' 38'$.161,68. stat. 04s; 42 UA.C. 220r) ;5. i, j products or parts fabricated ofsor oon-j.[ Dated St Washington, D C., this'29th talning iany ethoriumemetal^. alloy.atn day o persed in the alloy and its content in the ?v. f July 1963' which.the thorium :lsnuniformly' dis-For the Atomic Energy Commission.

2 % ho~oo B. McCoch k'MD Q

..~.aw e

i-er--

- etaHurgical W^.

M em.syJmoeres-estt: ytted, Aug. 'sc stes:f r_gy Argohjasadget L',xa m t-e:4eami m:.n ate,

wa %p y< d.y.rh.,.

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ay

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- Published in 30 Federal Register 15802, December 22, 1965 j

l J

PART 40--LICEN51NO OF SOURCE be subject to thc licensing and regulatory MATERIAL authority of an agreement State even

!I t g"ta fcense xempilon of Thorium Contained in 1

Electric lamps To Be Used for ll*

Pursuant to the Atomic T.ncrgy Act of 1054, as amended, and the Adminia.

luminatinD Purposes

_ tmuve Pmedure Act of IN. %c M-On August 17, 1965, the Commission lowinn amendment of Title 10, Chapter 1, published in the P;cEnaL Rsaistra (30 U" U "

FJt. 10203) a proposed amendment of C"d" "I PCdC*I U"U"I"U "8' ubject to

1 Is sinblished na n document s its regulation " Licensing of Source Ma.

coditiention, to be effective 30 dayp siter terial." 10 CFR Part 40. The amend.

publication in the 1%EaAL REGISTEn.

ment would exempt the receipt, posses.

Section 40.13, paragraph (c). sub-sion, use, transfer and import into the paragraph (1) is amended to read as United States cf thorium contained in

' MIO*8 two 'catesories of electric lamps to be used for illuminating purposes.

6 40.13 Unimportant quantities of source material.

All interested persons were invited to' e

e e

e submit written comments and sugges*

(c) Any person is exempt from the tions for consideration in connection regulation in this part nnd from the re-with the proposed amendment within 60 quirements for a license set forth in see-days after publication of the notice in tion 62 of the Act to the extent that the FEDERAL REcistta. No adverse com*

such rerson receives, possesses, uses, ments or comments suggesting changes transfers, or ' imports into the United were received. The text of the amend

  • States ment set out below is identical with the als Any quantities of thorium con-text of the proposed amendment pub
  • tained in (1) incandescent gas mantles, t

vacuum tubes, (!!D welding rods, lished August 17, 1965.

41)

The Commission has determined that

<gy> electric lamps for illuminating pur-electric lamps to be used for tiluminating poses provided that each lamp does not purposes ara products intended for use contain more than 50 milligrams of by the general pubitc. Accordingly, the thorium, tv) germicidalla*nps, sunlamps, tra,nsfer of possession or control by the

- and lamps for outdoor or industrial manufacturer of such lamps would not lighting provided that each lamp does not contain more than 2 grams of thor.

lum, or (vD rare earth metals and com-pounds, mixtures, and products contain.

ing not more than 0.25 percent by weight thorium, uranium, or any combination of these.

e e

o e

e (Sec.161, 68 Stat. 948; 42 U.S.C. 2201)

Dated at Germantown, Md., this 6th day of December 1965.

For the Atomic Energy Commission.

W. B. M cCooL.

p secretary.

[P.R. Doc. 6Fis622; Filed. Dec. 21, 1966; 8:45 aan.]

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L PART 40 o STATEMENTS OF CONSIDERATION n order k mnunM Mrincauon that tirtues ndicates a need for a shorter mission considered whether this esemp.

  • ^

N' license rlod.

tion could ulumately result in contami.

h thodum 0 a

othr All in ested persons were invited to r aHon by thorium of materials used in impu*lties does not occur or bund up -

submit w ten comments and sugget.

congtruction of nuclear reacters, to a oter an extended per%d of time, the tions for nalderation in connecthn readit of discarded nickel thoria parte 00mmisalon wtD arnnge perbdhur 2 with the pro sed amendment within 3%

being incorporated as scrap in the melt

  • aample reactor construcuon materiale L

days after p llcation of the notice of ing of alloys containing nickel.lf sfgn1A*

for thortum and other contaminanta. If proposed rule making in the PsDan4L cant thorium impurittes were to be pree*

this periodic namPlin8 show' in $ *'

Racsstra. Af consideration of the ent in matettals used in construcUng bg hdum Iml in such maMais, h comments recel d and other f actors in*

nuclear reactor plants, such impurttles tion set forth below rnay be amend.

volved, the Corr laslon has adopted the could result in additional radioacute As*

od proposed amend ent. The test of the alon products in the reactor coolant and cent to

'g amendment set to th below to identical potenuaDy in the atmosphere surround

  • tained in disc d k 1to trtr ft a1th the text of e proposed arpend*

ing the reactor plant and in discharged snent published on cymber St,1966.

wastes. Among the information constd.

engine M I,,",n

gggg, t

nucear Since the amend nt is intended to ered was the exterimental evidence pro.

seactors provide rettet from, ther than to im.

vided by the petitioner on the removal of he Commisalon will also apply if pose, restrktions unde regulations cut.

thoria in alas during metal processing, determined necessary, spec 1Acation 15m.

tently in effect, it sin ome eSecuve The tettuoner hu reported the results its on the amount of thorium and oth without the customar 30 day notice, of a laboratory experiment that foUowed sim!!ar materials aDowed as trace ao Accordingly, pursuant the Atomic commercial melt practices for scrap and taminants in materials usad for con.

Energy Act of 1954, as mended, and Auxing agent additions. neae results strucuon of nuclear reactors These 11m.

the Administrauve Proc ute Act of have shown that essentially all of the its sould dlSer for different contami.

thorts introduced into slainless steel and nants and for varying reactor uses.

1946, as amended, the fouo ing amend-incomet inciting furnaces la separated ment of 10 CFR Part 40 La bitshed as 6 document subject to codification to be with the slag, he peuttoner also has re.

The amendment published below dif.

fers from the proposed rule published ported the results of a full scale melt of In the PsomaAL Rscistsa (38 PA 3043) effective upon publication in the Pstsmat itsstelloy alloy X to thich a large quan.

In the foDoming respects:

Rrcistra*

tity of nickel-thoria scrap was added.

1. The esemption has been restricted These resulta also have shown that more than 90 percent of the thoria was re.

to thoulurn contained in any Anished alr.

craft engine part containing nickel.

anoved in the a!as and the thorium con.

tent in the finished Hutelloy alloy X thoria alloy: Prorsfed. That: (a) The was substantlany below the limits of thorium is dispersed in the nickel thorta alloy in the form of finely divided thorta concern with respect to reactor con.

(thorium dioxide)! and (b) the thortum

,32 FR 16872 struction mate tal contamination.

content in the nickel thoria aUoy does Pubbshed 11 y

On the basis of currently available not exceed 4 percent by weight.

D*

  • data, the Commission has concluded that
3. m exunption is in the form of a the thorta (thorturn dioxide) covered by new l 40.13(c)(8) rather than an Exemption of Ceriofn Aircroft Engine this exemption would normally be re-amendment of I 40.13(c)(4) as proposed.

Paris Conto!ning Nkket Thorio Alter moved with slag in snetting steel and No change is being made at this time in On August 1,1963, the Atomic Energy nickel base alloys. Therefore, the Com.

the esemption for thorium in tungsten.

Comtnission pubushed in the Parrast misalon considers it unlikely that carry.

thorium and magneslum thorium anoys Raciarsa (24 FA 8043) a proposed our of thorturn during snelting of metal presently provided in i 40.13(c)(4),

amendment of I 40.11tc)(41.10 CPR scrap, generated in the use of nickel,

3. De exemption adopted permits the Part 40, which would havs eternpted thoria alleys in jet aircraft engine parta.

canduet of activities such as repair of t

finished products or pas sa fabricated of, v1H contaminate nuclear reactor coc.. finished aircraft engine parts containing or containing any thortum. metal aBoy struction materials to a level which nickel-thoria alloy, and the handlir g and in which the thortum content in the alloy would increase reactor plant radio, processing of nkkel.thorts scrap by scrap does not enceed 4 percent by weight.The settvity lenels. It is noted. however, thag dealers and processors An analysis of the the data on removal of thorium in the potentiti health hazards shows that it is nouce of proposed rule snaking was puts zoetal processing are directly appucable highly unUkely that the smau number of 11shed in resporue to a peutlon fued by j

E 1 du Pont de Nemours and Co. Inc..

. only to thorium dispersed in nkkel, workers carrying out such operations in.

thorft alloys in the form of Anely d171ded voNing nlckel thoria aHors wtU be es.

W11mington, Del., requesting an exemp.

' f

- Mon from !! cessing requirements for thoria tthortum diox)de) and the ezemp.

posed to radiation or airborne concentra.

nickel-thorium aDoys containing up to uon has been limited accordingly, tions of radioactive rnaterial in excess of 4 percent thorium by weight. Interested limits recommended by the International persons were invited to submit written Commissten on Radiological Protecuon comments or suggestJons for conalders.

for individuals in the general pubuc tion in connection with the proposed when averaged over a period of 1 year, amendment within 30 days after pubuca, tion of the notice of proposed rule making d

in the Psnaast Rsosersa.

Subeequent to pubucation of the pro-posed exempuon for mmment, the Com.

e I

' i I

l

' States to whnch the Commission has trans.

fernd certain regulatory authority over radk4eute instertal by fortDal agfeement, pursuant to em:uon tf 4 of the Atomic gnergy Act of 1934, as amended.

/9 3 j

4, PART 40:o STATEMENTS OF CONSIDERATION

^

4. Present subparagraph (81 of l 40.13 counte eights.

Published 12/11/69 (el has been redesignated subparagraph we endments would:

Ef fective 12/11/69 s$1,

s. Be i40.13 fem 6)i11) to subett.
6. Preaent paragraph td) of I 40.33 has tute, for the words "Cauuon-Badio. M effoneous Amendments been redesignated paragraph te) and a acuve Ma rial-Uranium" in the exist,.

new paragraph (di has been added to ing legend utred to be impremed on See art 20 $tstements of Comideration.

I 40.23 to provide a general 11eerde for the each exam counterweight containing esport to countries or destinations other uranium,th words" Depleted Urstdum"!

than those listed in i 40 90, Southern

b. Delete existing provision in 35 F 6313 Rhodesta and Cuba, of thortum con.

140.18 tc) (6) 11) that the counterweight Pubti ied 4/1 tanned in fintahed alteraft engine parts plating or oth covering must not be re.

Effect e 6/18 contatning nickel.thoria alloy, provided moved or pene rated; On aber 10.1940, the Commission that: (a) ne thortum is disperwd in the

a. Add a n 14013(eH5)uits to re.

pub in the Fsonan Raamsa (84 nickel.thorta alloy in the form of finely guire each ese pt counterweight to be F.R. I 11) propaped amendments to its divided thoria (thorium dioxide); and labated or durably and legibly ugula n 1Jeonsing of Source naak.

(b) the thorium content in the nickel.

with the iden atton of the manufe.

"1 CFR Part 40, to esempt from thoria alley does not exceed 4 jlercent turer, and the s' ment: ""nauthorias requirements ple*.oelectric by setsht.

Alterations Pr tW4 ;

De foregoing revtalons reflect further

d. Add a new I 0.13(cH8Hiv) stating cergmte ntalning not spore than 3 per.

Commisalon considerauon of the pro, that the exempu contained in i 413 1sht m inster141.

powd amendment including additional to)(6) aban not d u m d W au M ae All in led parsons were invited to informauon and data received after the the chdcal, p4 al, or mMuW subalt w tien comments and suggesi notice of proposed rule making 3as pub, treatment or proce ing of esempt coun.

tlog for asideration to connecuon with the oposed amendments within Itshed on August ?,1963.

terweights other th repair or restors.

ality (60) ye after publication of the The Commluton has found that the rea h"d"E' 0, g' nouce in Pressaa Rsotsyss. After g

lagend requirtsnents t 14013(c)(6),

considerstl of the com nents and other celpt. possesalon, use, transfer, and im.

All interested peras.s were invited to factors into

, the Commission has p~t into the United States of th<,th.fn adopted the oposed amndmmta he (9ntained in any finished altr.tMt entne Mmit witten oc,n nents and suga part contatning nickel thorts tDey, pur.

'estions for considera in connection text of the mts set M below is Idanucal G W t d tM pro M suant to the enemption in 140.13(c)(g) with the proposed s. erriment within published belos. involve unimportant amadm2 hd WemW TH, thirty (30) days after ub1kauan of the quantitles of source material within the mouce in h Tsons Rscisysa. No IH8-seetning of section 62 of tre Atornic

'Ito Commlu n has found that re.

comments suggesung c ar. ace were te, Energy Act of 1954, as amended, which cetted. De text of the toendments set cebt, pwa@n, uu. traw, aM >

t below is identical

.th the text of port into the Uni States of pletoelec.

are not of significance to the common defense and security, and that such ac*

he proposed amende nts publishsd tric onamic con intog not mon than 3 percut by wels t source material in.

livities can be conducted without un*

J

  • 18,1969' U

reuon.ble hazard to ufe or property.

The Commisalon has also found that the ne arnedme W l 4013(c)(6)

'Ol" ""3*P*'**"' 9"*"an*tne' of sec"tio'n material within th the d *I^*

P hts' 42 of the Atomic E rgy Act of 1954, as esport of thortum in fintahed streraft a t engine parts. pursuant to the general 11-rTth r to amended which are not of signifkance cense in 140 23(d) published belon, will P M8 t be removed

%0 W '8"80" tp

'"c"o alth rohlbiting be kal to the interests of the P'c e

al, tallurg al ch ac go d

ne Commlulon considers that fin

  • eunterwetthts, permit repair or Of Und provistons f i 15015(nH8) 14hed aircraft engine parts containing restoration of any plaung r other cot.

og go cyR Part 160, empUons and nickel thorts alloy are not products in.

ering of counterweights e present Continued Regulatory Authority in tended for use by the general pubue limitation in the exemptl to counter

  • Agreement States Und Secuon 214."

e1 thin the purview of i 15015(a)(61 of weights on which the pla ng or cov*

the tranafer of possessio or control by 10 CPR Part 150. Exeniptions and Con

  • ering has not been remov or pene*

the manuf acturer, proce r, or producer tinued RegWatory Authority in Agree

  • trated is no longer necean, since t!)

of pletoelectric ceramic istributed for ment b6ates Under Secuon 214", Accord.

expertence to date with usands of une under the exernpuon ould be sub.

Ingly, the transfer of possession or countersetshts in use o the past ject to the Commission's censing and codrol of such finished strcraft mgtne several yests indicates that p tsnan*

regulatory requirements ev if the prod.

parts in agttement States by the rnanu-ufacturing technjguns provi adequate uct is manufactured put ant to an 5

facturer, processor, or producer would protecuon against etidation o uranium-Agreement State license, r the terms not be regulated by the Commission-and (25 acurtues which wo d involve of the exempUon, the com ion would Pursuant to the Atomic Energy Act of processing of urantum are esp pro.

exercise such regulatory a thority by 1954, as amended.*and the Administra-hibited, except for processes -hich do exempting, under new I 40.1 (cH2Hui, tive Procedure Act of 1944, as amended, not involve exposure hata signif1*

any person (including a iufacturer, Lt), following amendments of 10 CFR cantly different from those in Ived in processor, or producer in an greement Part 40 are published as a document sub.

handling an undarns.ged coun eighA State of pletoelectric ceram

) to the ject to codification, to be effecuve thirty The Comrnissic n cons!ders that e pro

  • extent that such person tr fers pie.

(30) days after publication in the Fro.

visions in the amendments ad quatelY soelectric ceramic containtra iot snore 3R AL RIc!5 tet.

control the low radladon exposu that than 3 percent by wetsht source alertal.

Inay result from discarded unter*

Pursuant to the Atomic En rgy Act weight.s-of 1954, as amended, and accu 552 and 34 F R 067 8tnce the following amen enta 653 of UUe 6 of the United Stat

Code, Publish 9l5/69 relleve from, rather than npose the following amendments'to 1 de10 Effective '5/69 restrictions under regulauons cuf*

Chapter I, Code of Pederal

tions, rm y n ec t, y w I becom ec*

Part 40 are publighed as a docume-sub.

U alvm Confolned in tive without the customary 30 day n tice.

Ject to codifkation effective thirt (30) ovnterweights Accordingly, pursuant to the At mic days,.after publication in the rast On July 18, 960, the Commission pub.

Energy Act of 1954, as amended.

d g,ci rsa.

11shed in the nsRAL Racistas (34 F.R.

sections 552 and 653 of title 6 of e 12107) proposed mendmenta to its reg.

United States Code, the follos ulauon "IJcenatn of Bource Material",

amendments to '11tle 10, Chapter 1, 10 CFR Part 40, per ining to the exemp.

Code of Feders! Regulations, Part 0 33 F R 12195 I

tion from licensin requirements og are pubitahed as a document subject Published 7/30/70 uranium contained counterwelghts codification effective upon pubtlcauon in Effective 8/29/70 installed in aircraft, ets, projectiles, the Fmart Rsctarsa.

and missiles, or stored handled in connection with installatto or removal of such counterweights, an the gen.

l l

l

Publish 2d 32 FR, 15872, Nov:mber 18, 1967 i

RULES AND REGULATIONS 3

a n.

~,

hoptor XIY-Commodity Credit f.

T'M AvhHin turnMr this exemption would 'normally be re.

P:rl lion Department of Agricult re illlP,inIU-MUhllb UtLHb1 moved with slag in melting steel and e

P er I-Atomic EnerDY

. nickel base alloys. Therefore, the Com.

P Ch t

50 APTit S-toANS, PURCHA5t$,

D Commission mission considers Jt unlikely that carry.

oTmt orttAnoN5 over of thorium during melting of metal cco rela price support ne's., tse. crop PART 4o-LICENSING OF SOURCE scrap, generated in the use of nickel-e nice aupp Amat. 21 MATERIAL thoria anoys in jet aircraft engine parts, will contaminate nuclear reactor con.

ART [ 21-GRAINS AND SIMlL*ARLY '

Exemption of Certain Aircrofi Engine i struction mr.terials to a level which I

NDLED COMMODITIFg

{ orts Contolning Nickel-Thoria Alg {o

),ye}, It lsYo ed, 1ncreas r

~

wever, t at ubport 1967 Crop Price L n and On August 1,1963, the Atomic Energy the data on removal of thorium in the Commission published in the FrotaAL urchase Program {

Rectsun (28 F.R. 8043) a proposed only to thorium dispersed in mckel-metal processing are directly applicable -

amendment of I 40.13(c)(4), 10 CFR thoria alloys in the form of Anely divided

,Astc Sveroar R4r,

Part 40, which would have exempted The reg ations issued by he Com-finished products or parts fabricated of, thoria (thorium dioxide) and the exemp-tion has tieen limited accordingly.

nodity Cr

1t Corporation, ' blished in or containing any thorium-metal alloy In order to continue verification that 12 F.R. 58 and setting to require. in which the thorium content in the alloy contamination of reactor construction

-nents with affect to pric )upport for does not exceed 4 percent by weight. The materials by thorium or other similar notice of proposed rule making was pub-impurities does not occur or build up 1967-crop ri, are amend as follows:

lished in response to a petition filed by over an extended period of time, the

- Section 1

.2783(a) is, amended to E. I. du Pont de Nemours and Co., Inc., Commission will arrange periodically to sdd the variet Dawn to Ogoup II of the Wilmington, Del., requesting an exemp. tample reactor construction materials clue factors f r head'a 'd broken rice tion -from licensing requirements for for thorium and other contaminants. II and reads as I ws.

nickel-thorium alloys containing up to this periodic sampling shows an increas.

4 percent thorium by weight. Interested ing thorium level in such materials, the

' 1421.2783 Sopport ra _es.

persons were invited to submit written rpgulation set forth t.elow may be amend.

i 5

comments or suggestions for considera. ed from time to time to effect licensing b*

tion in connection with the proposed controls to prevent the thorium con.

O,) Basic rafh* ' 'bo Daossx Res

)

amendment within 30 days af ter publica-tained in discarded nickel-thoria aircraft yms y4eroas to\\I:I 4S tion of the notice of proposed rule making engine parts from contaminating mate-in the Prota A1. Rtotsna.

rials used for construction of nuclear Croup nough riet sl tiend Dmted Subsequent to publication of the pro-rer.ctors.

nrictg rice rice posed exemption for comment, the Com.

The Commission will alsoi apply, if mission considered whether this exemp-determined necessary, specification lim-cou per peuw tion could ultimately result in contami-its on the amount of thorium and other I,

Patna (esent le aos s.st nation by thorium of materials used in similar materials allowed as trace con-M *.'$

e/,"2 construction of nuclear reactors, as a taminants in materials used for con-terce t un.

a 33 3 81 result of discarded nickel-thoria parts struction of nuclear reactors. These lim-11.....

Bgt Upg being incorporated as scrap in the melt. Its would dlifer for different contami-.

veloid, nid nos.

  • rL =3 D#**- S ing of alloys containing nickel. If signift ' nants and for varying reactor uses.

1 7.33 g si cant thorium impurities ware to be pres-The amendment published below dif-111.

. Cgt,ur4,staa.jo ent in materials used in constructing fers from the proposed rule published

.nd Edit 4

' 'sa nuclear reactor plants, such impurities in the FEntRAL RtotsrEn (28 P.R. 8043)

Wa~

E",e R j could result in additional radioactive fis-in the following respects:

d 1:1 3

ovesta h:ue now sion products in the reactor coolant and

1. The exemption has been restricted

,Q'y gdM potentially in the atmosphere surround-to thorium contained in any finished air-

mie, rth row 5

ing the reactor plant and in discharged craft engine part containing nickel-Imc-f. W.

Nn'e*I /"d7'. )

wastes. Among the information consid-thoria alloy: Provided. That: (a) The Eent afa ooiden ered was the experimental evidence pro'.

thorium is dispersed in the nickel-thoria vided by the petitioner on the removal of alloy in the form of finely divided thoria

$ i,337 M F k thoria in slag during metal processing. (thorium dioxide)1 and (b) the thorium v..... Peart :.riy Proue a 7s 3.81 The petitioner has reported the results content in the nickel-thoria alloy does o iTf 'Lh,

of a laboratory experiment that followed not exceed 4 percent by weight.

d commercial melt practices for scrap and

2. The exemption is in the form of a
  • g?

fluxing agent additions. These results new i 40.13(c) (B) rather than an have shown that essentially all of the ainendment of I 40.13(c)(4) as proposed.

-(sec. 4. c2 at.1070. as amende41517EC. thoria introduced into stainless steel and No change is being made at this time in l 714b. Inte et or apply see. 5,62ptat.1072 Incomel melting furnaces is separated the exemption for thorium in tungsten-secs.101, 62 Stat.1051, sa ams ed.1054, with the slag. The petitioner also has re-thorium and magnesium thorium alloys i

. sec. 202, stat. oso: 15 UAC.11 7 U A.C.

ported the results of a full-scale melt of presently provided in i 40.13(c)(4).

te2t,144 IIastelloy alloy X to which a large quan-

3. The exemption adopted permits the tity of nickel thoria scrap was added. conduct of activities such as repair of Effec ve upon publication in tge F&o* These results also have shown that more finished aircraft engine parts containing st A1. R IsTEn.

~

  • g-than 99 percent of the thoria was re-nickel-thoria alloy, and the handling and 81gri at Was!..ngton, D.C., o,n No-moved in the slag and the thoriarr. con-proc'essing of nickel thoria scrap by scrap tent in the finished Itastelloy alloy X dealers and processors. An analysis of the

_vemb 13,1967.

was substantially below the limits of potential health hazards shows that it is H. D. GooraEY Ezecuffve Vice Presiden concern with respect to reactor con-highly unlikely that the small number of struction material contamination.

workers carrying out such operations in.

' Commodity Credif Corporaf On the basis of currently available volving nickel-thor!& alloys will be ex-lP Doc. 67-t3599: Piled. Nov.17, 67;. data, the Commission has concluded that posed to radiation or airborne concentra-l 8:45 a.m.]

the thoria (thorium dioxide) covered by tions of radioactive material in excess of a

TfDERAt RIol$ Tit, VOL 32, No. 224---5ATURDAY, NOVEMSIR 18,1967

Published 33 FR 15873, November 18, 1967 i

RULES AND REGULATIONS U

limits recommended by the 2nternational '

2. Paragreph (c) of f 40.13 of 10 CPR in the file line on page 15800 should Commission on Radiological Protection Part 401s amended by adding a new sub-

)v,16,1967",

for

  • individuals in the general public paragraph (8) to read as follows:

when averaged over a period of 1 year, 9 40.13 Unimportant quaniltles of nource

{ M ]4

[Q h jt

4. Present subparagraph (8) of I 40.13
material, (c) has been redesignated subparagraph

. Present paragraph (d) of I 40.23 has te ulat s t part and to te quirements for a license set forth in sec-Chop 't 1-Federal hviction A mi been redesignated paragraph (e) and a 3

tion 62 of the Act to the extent that such trot n, Department of Tro spc 0 23 p i e a e e allicense or t person receives, possesses, uses, trans*

lion export to countries or destinations other fers, or imports into the United States:

than those listed in I 40.90, Southern SU8 CHAPTER C-AleCKAF Rhodesia and Cuba, of thorium con-1 chet No.8344; Amdt.30 12) tained in Anished aircraft engine parts (8) Thorium ~ contained in any finished containing nickel thoria alloy, provided aircraft engine part containing nickel.

PA 39-AIRWORTH 4ESS :

that: (a) The thorium is dispersed in the thoria alloy, provided that:

DIRECTIVES nickel thoria alloy in the form of finely (1) The thorium is dispersed in the

~ divided thoria (thorium dioxide)1 and nickel-thoria alloy in the form of finely British Air roll Corp, Mocle BAC i

, (b) the thorium content in the nickel. divided thoria (thorium dioxide); and 203/AE 204/AF,and 2/AR thoria alloy does not exceed 4 percent (11) The thorium content in the nickel-planes by weight.

thoria alloy does not exceed 4 pe cent gp gg The foregoing revisions reflect further y we ght.

. Commission consideration of 'the pro-an airwoithi ess directiv requirin> L posed amendment, including additional

3. Paragraph (d) of 4 40.23 of 10 relocation of.he fuel 11 > couplini information and data received after the CFR Part 40 is redesignated paragraph Station 630 1 British Aircraf t (

notice of proposed rule making was pulh (e) and the following new paragraph Model BAC 1 11 203/A ;, 204/AF, lished on August 7,1963.

(d) is added to I 40.23 to read as follows: 212/AR airpla es was sublished 1 The Commission has found that the re.

'I 40.23 Ceneral licenses to export, F.R.12005, ceipt, possession, use, transfer, and im*

Interested pet ons h ye been afk port into the United States of thorium an opportunity t parti ipate l' the :

n contained in any finished alteraf t engine (d) A generallleense designated AEC-1ng oi th dm t' No ob part containing nickel-thoria alloy, pur. ORO-SMD is hereby issued authorizing suant to the exemption in I 40.13(c)(8) the export from the United States to wcr received'at'o yn consider of the foregoina published below, involve unimportant any foreign country or destination, ex.

ority delecab pursuant to the u cuantitles of source material within the cept Southern Rhodesia, Cuba or coun-me by the Administr tor (14 CPR 11 meaning of section 62 of the Atomic tries or destinations I!sted in 140.90, of g

i 39.13 of the Fede 1 Aviation Re Energy Act of 1954, as amended, which thorium contained in finished aircraft doing the foll(

tions is amended b are not of significance to the common engine parts containing nickel thoria al-new ah worthiness ective:

defense and security, and that such ac-IOY, provided that, a to h!odel BAc '

Bamsn AtacaArr. A i

tivities can be conducted without un.

(1) The thorium is d!apersed in the 2

reasonable hazard to life or property, nickel-thoria alloy in the form of finely c,n p ce u ed thin he ext The Commission has also found that the divided thoria (thorium dioxide); and hours time in serv e af ter the effectivi I

export of thorium in finished aircraft (2) The thorium content in the nickel-of this AD. unless alrea accomplishe.

engine parts, pursuant to the general 11 thoria alloy does not exceed 4 percent avoid the possids' ty of fuel leak s t

cense in i 40.23(d) published below, will by weight.

the pressurized en, ret te the lef' l

not be inimical to the interests of the rtsht fuel line co p!1ngs ttom Station ( ;

United States.

a point 3 inches rward, i accordance I

The Commission considers that fin.

(sec.161, 68 s*.at. 948: 42 U s C. 2201. Inter. Erttish Aircraft orp. BAC -11 Service letin No. 28-PM J914, date May 12.10 Pret r apply secs. 62. 64, 68 Stat. 932, 933; Inter ARB.appr ved lasue, or an equb ;

ished aircraft engine parts containing 42 U.S C. 2092,2004) nickel-thoria alloy are not products in-approved by tr Chief Aire f t Certirk l

tended for use-by the general public Dated at Germantown, Md., this four* Staff, FAA, E ' ope, Africa, d h!!ddle L within the purview of i 150.15(a)(6) of teenth day of November 1967.

Region.

r ergy CommMA tin g1 oy orit in Agre Dec be

'1967' I

ment States Under Section 274". Accord-W. B. McCooL, ingly, the transfer of possession or Secretary.

(Sees. 313(a. 6C1,603, Feders vtatic control of such finished aircraft engine

[F.R. Doc. 67-13652; Filed, Nov. 17, 1967; f ah M, 4

parts in agreement States ' by the manu.

8:49 a.m.)

Issued i Washington,D.C., n No facturer, processor, or producer would ber9,196

' not be regulated by the Commission.

. James F.Rv Lest Pursuant to the Atomic Energy Act of TDI 1 Q*-" Dilan Dire or,Fl@ht Standards ' erva 1954, as amended, and the Administra.

lill Io DUdif4

{ g

[ F.n.

67-13594: Filed. Nov.

7' tive Procedure Act of 1946, as amended, an nTAy e:47 ap.I the following amendments of 10 CPR

$n Q yJ g i

a Part 40 are published as a document sub.

ject to codification, to be effective thirty Chopi l-Smoll usiness Jocket No.8384; Amdt.39-613 (30 ays af r publication in the FED-A inisir on ART 39-AIRWORTHINE DIRECTIVES

1. Subparagraph (8) of I 40.13(c) of md + j 10 CFR Part 40 is redesignated subpara*

PART 101-WilNISTRATION Ha er Siddeley, de ' Havil-M del 104 Dove Series Airple.

List of Pubi - e SBA Forms proposal to amend Part 39 c.'

i states to which the Commission has trans-orrec n Fe eral Aviation Regulations to in ferred certatn regulatory authority over radioactive material by formal agreement, In F.R.

c.67-135 appearing at an airworthiness directive requirin pursuant to section 274 of the Atomic Energy page 15806.n the issue Friday, No-pe iodic inspection of the wing root Act of 1954, as amended.

vember 17 1967, the date * *ov. 20,1967" fi tings of Ifawker Siddeley de IInvt FIDERAL REGl511 A, VOL. 32, NO. 224-5 ATURD Y, NOVEMBER 18, 1967 No. 224-2.

l l

f,.

t PART 40 o STATEMENTS OF CONSIDERATION with each res nsible Agreement B latory functions of the former receivedbonsideration of the comments

), assumed the licensing and re*

Aft (r

1. 93-4 nd other factors involved, the Agency a repo which would furnish lated.

Atomic nergy Commission.

Nuclear ' Regulatory Commission has aformation s ifled in i 40.35 a One e mentator recommended that adopted ' he proposed amendments with (11) or state tha no transfers were made the limit is percentage of urantum-235 certain tr idincations which reflect crea.

to that Agreeme t State during the re.

In deple uranium be lowered from tion of tr r NRC and include minor edt.

porting period.

Pursuant to the tomic Energy Act of 0.711 pe nt to about 0.3 percent by torial cha iges of a clarifying nature.

weight.

ning depleted uranium in in 3 40 5(cHl)(111). the phrase " pro, 1954, as amended, he Energy Reorgs i 40.4(o) unnium in which the iso cedures f-rnished under" have - been nization Act of 191 as amended, an sections 55 and 5 of t tle 5 of lope urant' -235 la less than 0.711 changed tc " procedures identified in" be.

weight perce t a consistent with enrich. cause i 40. (c)(1)(ll) requires a regis.

United ment service ractlee and standards for trant to fu ish a statement certifying amendmenta to Title 1 Chapter I, C e protection a inst radiation. Depleted that proce res have been developed of Federal Regulations, rt 40 are pub.

lished as a document subj t to codifica-uranium is allable from enriching rather than to furnish the procedures IIOU' services as tal materials in desired as. themselves.

says rsnging fr 0.20 weleht up to 0.70 in il 40.251 :) and 40.35(a), the cond!-

weight percent nium-235. In the Nu' tions of the 11; enses have been amended e.

m

-m j 2 FR 8679 4

clear Regulato Commission's regula. to require tha' persons who transfer de.

tion, " Standards or Protection Against pleted urant for use under i 40.25 Pubmhed 2/3/77 Radiation," 10 C. Part 20 a single provide a copy f the general license in Effectin 3/M7 value of 3.6x10de les per gram of ura. I 40.25 and a c sy of Form NRC 244 to PART 44-LICENSt! 0 0F SOURCE nium is given as t spectne actMty of each transferee plus a note explaining MATERIAL depleted urantum a d therefore, applies that use of the iroduct or device con-

-to uranium dept by any amount in taining depleted ranium is regulated by Exemption of Persons Using Thorium in Personnel Neutron Dosimeters the botope uranium-$35.

the Agreement S te h which the trans.

Several commentat9rs asked if urant* feree i located). nder these condluons.

The Nuclear Regulatory Commission um mill tallings are considered depleted the users will be nformed of the need is amending ita regulation 10 CFR Part uranium and are used in industrial prod

  • to register and.o her requirements of 40 to exempt from licensing and regula.

ucts or devices. Depletitd uranium is the the generallicense.

tory requirements persons using person.

talls from the uranium gntichment proc.

In i 4034ta)(1) a new subdivision nel neutron dostmeters containing not ess (in which a fraction pf the uranium- (till has been adde to clarify that each more than 50 milligrams of thorium.The 235 is removed from th total uranium industrial product.r device for which exemption does not authorize the manue present) and not the tall)s from the mill

  • an application is sub ltted must provide facture of the personnel neutron dostm-raction of the unique benents as a r sult of the presence eters. Such manufacture sould have to ing process (in which a (removed from total ursnlum present is of depleted uranium or a mass-volume be authorized by a license issued by the ores). The ore residue contains a lower application in the roduct or device. Commission or an Agreement State, concentration of uranium than the orig 1*

(Unique benents megns that the dem-nal nee, but the rematning utanium ts not onstrated usetulness pf the industrial EFFECTIVE DATE: March 7,1917, depleted in any of its specjes of atoms product or device is' enhanced by the FOR FURTHER INIORMATION CON-of uranlum by the milling process. Fur-physical properties c( a concentrated TACT: 301-443-6910 thermore, the min tailinge 4 sandy ore mass of depleted uraglum in a small By letter dated October 22,1973, R. 8.

residue) would not provide tie concen-volume of the product or device. Whers landauer, Jr. and Co., Glenwood Illi-trated mass in a small volume pought for such use offers a clear advantage, even nols, f0ed with the Atomic Energy Com-the industrial products or devices cov-of limited degree, over other materials mission a petition for rule making (PRM ered by the general license. '1hus, ' nill the " unique" property wS1 be considered 40-19) requesting an exemption from tallings are not depleted uran (um,nd to be satisned.)

?

cannot be used pursuant to the general In the case of industr{al products or licensing requirements for persennel do-slmeters containing not more than 50 license set forth below.

\\

devices whose unique benefits are ques, milligrarns of thorium per doelmeter.

Another commentator expressed tne tionable,I 40.34(a)(2) prqvides that the opinion that the proposed amen %nents Commission will approve gn application This notice cf tule making responds to of 10 CPR Part 40 comprise a sign!(icant for a specine license only $f the product the request of R. 8. Landauer, Jr. and Co.

action under the National Environtnen-or devl:e under considera)1on is found BAcMGnoUND tal Polley Act of 1969 and an enytton-to combine a high degr(e of utility and mental tmtect atatement is thus reculfed. low probability of uncontrolled disposal On June 24, 1976, the Nuclear Regu-The January 10.1975, F DraAL Rectstra and dispen.al of signincant quantitles of latory Commission published in the Fso-notice stated on page 2210 that nne depleted uranium into the environment. gaat accistra (41 FR 26032) a proposed Atomic Energy Commission had detdr

'Ihus, I 40.34(a)(2) will eliminate un' amendment of its regulation 10 CFR

- mined that an environmental impagt necessary regulatory costs by reducing Part 40 which would exempt from the statement pursuant to the National Ene the number of license applications for regulatory requirements of Part 40 and vironmental Policy Act of 1969 need noj industrial products or devhes having be prepared in connection with the proi marginal benent or contamlnt depleted the licensing requirements of section 62 mulgation of the regulations because thef uranium for a trivial mass vo me pur-of the Atomic Energy Act of 1954, as will not significantly affect the quality of pose.

amended, the receipt, possession, use, the human environment. An environ

  • To provide positive identificat n of in*

transfer, or import of personnel neutron mentalimpact appraisal setting forth the ustrial products or devices coptalning dostmeters containing not more than 50 basis for that determination was made epleted uranium a new paragr$ph (11) mmigrcms of thorium each.

available Janaary 8,1975, and may be as been added to I 40.35(a)(2Qrequir-All Interested persons were invited to inspected at the Nuclear RegulatorF ibg the labeling or marking of e. b unit Commission's Public Document Room at

' state that the receipt, possess!' 1, use, submit written comments and sugges-1717 H 8treet NW, Washington, D.C.

a transfer of the product or evice tions for consideration in connection Single copies of the environmental im* ar subject to a general license the with the proposed amendment and a pact appraisal may be obtalned by writ-eq valent and the regulations the ing the U.S. Nuclear Regulatory Commis* NR or an Agreement State.

ston, Washington, D.C. 20555, Attention:

I i 40.35(aH4)(11), the phrase ' pon Director, Omce of Standards Develop

  • requ jst of that Agency" has been de-ment.

letet from the end cf the last sentence.

As a result each person licensed under i 40.34(a) will be clearly required to file

~I

  • ~

-1 o

9 PART 40 e STATEMENTS OF CONSIDERATION draft environmental statement by Au. the common defense and security and that such activities can be conducted 43 F R 62201 Pu fished 11/9ns gust 9,1976.

One commentator on the proposed rule without any unreasonable harard to life

=

Eff live 11/908 did not agree with the proposed method or property.

of disposal of obsolete dos! meters Under the provisions of i 150.15(a)(6) through normal refuse disposal facilities, of 10 CFR Part 150, " Exemptions and Misc, 'eneou, Am,ndments as discussed by the Commission (41 FR Continued Regulatory Authority in

~:

26033), and suggested that the dostm. - Agreement States Under Section 274."

S*e Pe 20 Statements of consideration

  • eter supplier should be required to dis. the transfer of possession or control by pone of all obsolete and used dostmeters persons in Agreement States who manu.

I~

through a licensed radlosctive disposal facture, procesa, or produce personnel 44 FR 1 479 j

firm.The Commission has considered the neutron dosimeters containing thorium Publish 3/22/79 comment in light of the projected dis. for use by exempt persons are subject to E ffective /5#9 tribution and use of the dosimeters. '1*ne the Commission's licensing and regula.

bu?k of the dostmeters will be loaned or tory requirements, even though the dos). Ilmel) h.o ficallon or Discontinued t ktmed lessed to exempt persons under the terms meters are manufactured under an A(rMiles of dostmetry service contracts. Such do. Agreement State license. Dy the terms of almeters would exentually be returned to the exemption, the Commission is exer.

the licensed manufacturer who would Cising such regulatory authority by ex.

S" Po't 30 5 tements of Consideestions*

sssembic usable thorium folls into new empting, under new I 40.13(c)(1)(vil).

dosimeters or dispose of thorium foils any person (meluding a manufacturer, 44 F R 50012 processor, or producer in an Agreement damaged or unusable for whatever cause by using commercial radioactive waste State of personnel neutron dosimeters)

Published 8/2 /79 y

to the extent that such person transfers Effative 8/24 9 disposal services, personnel neutron dostmeters cont)ining Comment peri s espires 10/24/79 Disposal of a dosimeter through not.

mal refuse disposal f acilities could oc. not more than 50 mH11 grams of thorium.

Pursuant to the National Environ

  • 10 CFR Paris 0,150 cur if an exempt person were to lose or mental Policy Act of 1969, and the Com.

misplace a dostmeter, or dispose of a mission's regulations in 10 CFR Part 51.

Uranium Mill T lings Ucensing -

dosimeter that he owns or possesses by " Licensing and Regulatory Polley and discarding it as trash rather than by re. Procedures for Environmental Protec.

A0gNcn Nuclea Regulatory turning it to the licensed manufacturer. tion," the Commission's Ofnce of Stand.

Commission.

It was this relatively rare event that the ards Development has prepared a Anal ACTION: Final Re ilations with request Commission characterized as highly un.

environmental impact statement in con.

for comments' likely to result in any signincant radia. nection with this actson to amend Part Lion safety problem. Therefore, no change in the text of the rule is war. 40 of the Commission's regulations. The suuuAnn The Nu ear Regulatory 4

ranted with respect to disposal of dostm. statement is available for inspection by Commission (NRC) s amending its i

i the pub!!c in the Commission's Public regulations to confo m to the eters.

Af ter consideration of the comments Document Room at 1717 H Street NW.,

and other factor involved, the Commis. Washington. D C. In about two weeks requirements of the tranium Mil,.

t slon has adopd the amendment. The af ter pubitcation of this notice in the Tailings Radiation C ntrol Act of 1978 text of I 40.13(c.)(1) set out below is Protaat Rrcistsa, copies of the state.

and to the standards et forth in the identical with the text of the proposed ment will be available as NUREO-0137 draft Genenc Environ entallmpact i

amendtnent published June 24, 1976.

f rom the National Technical lnf ormation Statement Uranium M hog The bulk of

~

The amendment exempts from the Service. Springneld. Virginia 22161. The these regulations are b ing published in regulatory requirements of Part 40 and price will be $5.00 for paper copy and proposed form (See pr osed rules the licensing requirement 4 of section 62 $3 G0 f or microfiche, pubbshed elsewhere in is part of the of the Act the receipt, possession, use.

Pursuant % the Atomic Energy Act of federal Register')The C mmission finds transfer, or import of personnel neutron 1954, as amended, the Energy Reorgan!.

H neussam m.

su as dosimeters by adding this product as a ration Act of 1974, as amended, and sec.

immediately effective a t mporary new category in i 40.13 tci tl). As tions 552 and 553 of title 5 of the United generallicense to authori e the amended, t 40.13(c)(1) exempts thorium states Code, the follcwing amendment to Possession and storage of ill tailings or contained in (11 incandescent gas man

  • ritle 10, Chapter I, Code of Federal ties (11) tacuum tubes. (111) welding rods. Regulations Part 40 is published as a wastes to pres ent existing illing UV) electric lamps for illuminating pur*

document subject to codincation, operations in both Agreem nt and non.

poses: Prorkfed. That each lamp does Agreerr.ent States from bei. in not contain more than 50 mill! grams of 42 F R 1

technical violation of the At mic Ener thorium,(v) germicidallamps,suntamps-PWblished sn7 Act of 1954, as amended by I e Uranium and lamps for outdoor or industriall!ght.

EU. a 7/

l121.6,21.211eh and 21.51 MillTailings Radiation Contr i Act of ing: Provided. That each lamp does not

'"i" i l 8 1978. The immediately effecti contain more than 2 grams of thorium. f7/6/77 eMeeti date extended to 8/10/77) regulations relating to the pne al (vi) tare earth metals and compounds, license, such as amendments to he m!xtures, and products containing not Reports to the C nndssion Concerning Defects definition of " byproduct materia " and more than 0.25 percent by welght thorj.

h and NoncernP an gg g

8, um, uranium, or any combination of these, or (vt!) personnel neutron doslm.

States, serve two functions.They flect S*e Port 21 State to of Consideration.

g the NRC s legalinterpretation of th etera provided that each dosimeter does not contain more than 50 mullgrams of new Act necessitating the general thorium.

license and clarify the application of e

  • Ihe Commission has found that re.

generallicense. Accordingly,these 43 FR 6915 celpt, possession, use, transfer, or import Published 2/17/78 regulations must also be made into the United States of personnel neu.

Effectbre 5/3n8 immediately effective.

tron dosimeters containing not more than 50 mullgrams of thorium each in-C.

E#

  • volve unimportant quantitles of source Esport and /mport o/ Nuc/e ('ac///r/rj and Comments on or before October 24, material within the meaning of section Meter /e/s 1979 62 of the Atomic Energy Act of 1954, as amended, which are not of signincance to See Pers 110 Statenwnts of Cons' mons.

4,.

.4 w

5 a__.-- _ __.. _,-

=

r

= _ _ -.

WJ -..

'M

..$.$!% e m.

w

[ MiW cti.eiT.e dWycornAffpconston*contitis%sut tory'o.Eurnints' h vins e.nirai pptic.t>iner.ed i.e.i".ut rno.t of %Ich ar m

1tudig M Jrred wend.codm.d in the Code of f.d r.! ft. gut.tlans, which 1. publish.d'under 50 title. pursu.nt to 44 U.S.CcJ{anth ;fi,2*rroca 4,* *y

'4 u

. Asth.'coad:ev.r.J.'r.PnE1 von Lis' add t(th.' sui 4*rintGnt"Je bocGnientdieric' 'or'n w. rs hat.d e

RcotsTER lasu..offech 'rnonttil Q 4 W / 3,'.- g { g g

  • J g, M Q p 4

,[,p;g f.*,.p.gp,g. -

. ig(m,. f,~f,.pgQ. fg~p Q.4.

.,,l,,.,

,,.]PrJecs if.o.b? averaged, and " carton" have ti

..;3... %..,...,;nie sam since.last wet k......j gyW g!g s u 1.

c

'hyg*

p

.. m

  • y. $.~if 9_7 M gA w y. W e

m,,

,,,,. J-$, < Title 7--/ gr3ulturei @~,2.y $3.51 a carton 4

, mended.markqing F n n'repor{ed sair's volumelast week, compared with. hen used in ICHAPTEbXMGRit :UL$R L" AAARKET.f w

i is as;nded.y ;% y.O.9

  1. 1 ING SERVICE - (I lARKETING AGREE.. of 1,076 carlota US.d MENTS AND ORD:RS; FRUITS, VEGE. $3.40 per cart < n og sales of 934 a week y gg.c,; 3,3 gds St.tl81,

-, ' s. 3 <.....d;.f gg,r

%' ' TABLES, J NUTS),'DEPAR7 MENT..;OF. " carlier.. Track i <nu rolling supplies at 548,. cot _ery,3 r 't,, g.,

W' cars from last week?;u Dated: Pgruary 2, 1977'cgy g,4.uM 'gy t

h*.

AGRICULTURE : :~ W y.om

... & carp were,* upJ t odaldeied the' recommezi- (,

pD. m...[N.veIOr$.n.R...eg'.399h7,.4

[(II) Having (

D3

..4' % dation and anf( rmation submitted by the 7 -

-.. CitAl 1.as R. BRADea '

  • e
  • other avk11able informa- '

Deputy Dircef<f. Truff and VegN '

.. n.

yd,P ARIZONA AND Di'i

'/

tANGES CROWN IN ;

PART 907--NAVEt; C ilGNATED PART OF 'cornmittee, an,c llon.sthe Sect -tary. finds that.the re.

~ efoNe Dit+ ion, AgriculturoMP M;ky,CAllFORNIA p; M g%g ;!, 4which maf be 1.itles tof !.Navell;' oranges '*]y,.a p'oe

.?

,"spectlye :quan Marketing 1 crvice. G r. -.

~ EpS]e.7 4. b

' ' ' " h' M. I

  • p..dlmitation < fHandling

. /.N.

andled should be flzed as; 13-23r7i12:

es"th'e' quant' ty'of M##'D"N## "# IO# ' N 'k N C e '

k# his'redulatlorifi c i

D'J. California Arizonan invel oranges that JA (3).Jt is her by further iound that it,,

. Title 10-Energy " 8%^ /^

X'smay be shipped to 1'esh market during is impracticabL and contrary to the pub- --

c rulemaking procedurec ;JCHAPTER 1,--NUCLEAR.RE give preliminary, notice.,

Y

'regulatli n 'pe'rlod, February.lic, interest :to "k.N,the Neckly/It:is isst

, a.. COMMISSION -;g'.M 4-10,i1977

~

ed pursuant to thetengage in publ.

PART 401LICEN$lHQ' OF SOURCE "

Agricultural rMarket ng. Agreement 'Act gand postpone 'ha erective.date of this Y' y MATERIALyg *g.1.1

- + of; 1937, :as. amend. d,- and ' Marketing,section.untu 3bdays after publication ;,,,

2 Order -No.; 907cThe quantity 'of Navel I, hereof in the UDERAI, ErGISTER (5 U.S.C. S E2emption of Personst! sing Thorium in oranges so' fixed.wsa' arrived at aftery.553)fbecause Wie :ttme intervening be -

  • M i

sideration of the total available sup. < tween.the date when infonnation.upon.

Personnel Neut. ton Dost.s..eters M m

~

.,..,,..w

.s is 0 based becamef ~ihe Nuclear Regulatory Commission @i con which7 thia.:at stlon;timekthis section is amending its regulation 10 CFR Part Q..

bply of Naveljoranger. the'. quantity cur 7[,.available-and ther brently available for market,tthe fresh 5

.h marke't demand for ? avel oranges, Navel pmust become e fective in order to eHec 5 40 to exempt from,11cens ng ani. d regula.% /

i W orange, prices /iand, he relationsh!p of tuate the dech red ' poller.cf. the act is tory requirements persons using person-R

.( season. average. rett rnsEto the insunicient? atti a reasonable tirne is nel neutron dosimeters contawnqr -not p'...

W. price for Navel o. rank s..J*

parity permitted und< r the circumstances, for more than 50 milligrams of thorium,'Ihe, _ *.

s T

- preparation for such cRective time; and exemption does not authorize the manu.

.,C $ 9.07.699.~ Navel Or ' ase Regulation 399. good cause exista for making the provi-facture of the personnel neutron dosim='.'

'@Iketing agreement,i(a)' Tindings.'(1) F trsuant,to the mar.' sions hereof e!!cctive as hereinafter set etelv. Such manufacture would have to i is, amended. and forth.The corm
Itteeheld an open sneet. be authorized by a license issued by the -

+

Order No. 907, as am snded'(7 CFR Part.ing during the current week,,after giv-Commission or an ' Agreement StateM' 907) l ting the handling of Navel ing due botice, hereofi to consider sup-

' NJ.

s Eoran. regu ages grown in Arizana and designated ply and marki t conditions for Navel EFFECTIVE DATE: March 7,197%

.7 N part of California, efective under the, oranges and f% need for regulationi in.

IdR FURTHER INMRMAT'.sN CONQ'?.*

i

' iapplicable provisions af the Agricultural, terested perborv we'e agorded.an oppor-

. TACT: 301-443-6010

~*5,cq A.

_s

?the frecommendation) By letter dated Octob"r 22l1973,,R. 8;.4 i

y,7-Marketing AgreemerL - Act of.1937, as.: tunity.to subml : 2nformation and views e

i t

%Vamended (1 U.S C.i6)1-674)? and upon tat this; meetin

.Fthe basis of

,mmendations and and supporting information for regula. Landauer, Jr.' and' O.,..- Glenwood,11114, j.,,.

~,'? *informatihn ' the' rec' l

submitt d? by the Navel ' tion.. Including Jtajegcettve; time, ard, nols, filed with the / Amic Energy Corn

,y; I ommJttee,fidenucal with_ tle afoksaid reconunen.' mission a peon fe / mk making WRM ; -

NOrangef

  • Administn tire C

N establish'6d'under the.ald amended mar. dationof thfcorun!ttee, and informatiop. 44-19) requesting. an exempUon fromj -

provisions and e!Tective.11 censing requirements for personnel dog.

Mketing'agre'ement an.1 order, and upon concerning suct time has been d.sseminated among han _ simeters containhg:not more than 60 'N M other available inforr ation,*lt is hereby [dlers of such N1 vel o'rangeshit is neces.. Intlligrams of'tnorium[per,gdosimeter y,

t d ?found that the11mita ton of handling og je!!ectu te;the declared his notice of rule making responds.to ry:

Isuch Navel oranges,4s hereinafter proCaary, in order t<

J vided, will tend to cife tuate the declaredhpobey of the act toInare this regulation ~the request of R.B..I.andauer,'Jr.and Co.W

- - e y;Igjg6 ~.

' policy;of the actw C&*d f.,

ge:fective during the period herein spect-.'

i ids'.1ec[t on L'og pdCand cog !anceiwWpla secuong

/ @gy,Peggg M MW2)/*niel'rieedifoi t

Wlimit

.tantitles of Navely.will not require any special preparation,,.On June 24, 1976, the^ Nuclear Resuo.p Dorangthe respectivel arketed from Dis.on completed on or beM y,latory Commission published in perhauWect hento -

~ g es that may be r twhich cannot h rm4 Racisita (41 FR 26032) a proposed

?

h trict lj District 2, arx District 3 during h

init7 amendment.of;its$gulatio6l30fCFR,yQ the ensuing week stemi from the produc-h d;tionand marketingatt 1'

Q)M,g>aFe ' d' regulatory requireristitiiof Par E,

m i

Part 40 which:would ' exempt frotnithe e

latforrconfror. ting, 3977' "QN_

t

)th try'7.9. W N W *

,. g ) O

,4,e Navel brange_ indu Loges'growri'In 'huArizona (the licensing requirements of L

(D"*'Ihe committee has. submitted its0 ties,of Navel or

[_, recommendation'fwJti, respect!to the f and. designated l ' art ol California which of the Atomic EnerghetMf$9t}4/

i i attori, designed toi[Inay be; handled du,rTng thefp' riod Pebe amend e

t ccee ing tuary 4fl017(th qugh pbru 10,1977, ', transfer, or imporf of personnel neutrotfIp; be mark ted gt

?

weetc8uch recoinmen

_ dosimeters containing tiot'inore 'ari'60KG, rovide'4;quity[of. marl eting opportunity Faro hereby fixed follows

,,M[F N,,io handlers,in all distr ets,resultedfmmQ@ Districts (d[80'

~

D cartes; milugrams of thoiidnicacM e%

26 000.cartdrsi d.hs.rAll interested, persons 7were,invi,

'h']

1 s

Lrhhyconsiderition)fjthe.g ctors' enumerate $ p.;41Lpisirl~ct:2 1

l g;in thfot erl,The com uittee further re-lC Millt District 3.Unliniltedmovenient.", submit written;comm'entaland[su

^

~

d this'iectioh,M' handled,". tions Jo,r conalderitioniinfconnection Mpoh5,tliat,.the, fresh tr 4ket demand'for oft 2d)'As used in f' District 3 "i with" the proposed amendment % rid sk i

M.b,$,M'h...jhas to tceably: slackened >l District i1/t d'D ptrictl2,"h? v W f.6 ' 4.':MS$N R

vel oranges j

fM..E 3MN

, [h, b h,y~bV,[.

l e

w

.c WW. 4l (f. 4. r w

.Q.ty 3..c4.y@% g $.

<n

[M,,.M ;J-MrcQ7/p, y.,. o.. Qy FEDERAL RICt! Tit, VOL 42cNO: 232THUR$ DAY, FEBRUARY.3,19r7

\\

h

-..M 1 A-y.W e

...,4

-r+

- :,p i

e 4

l N5Ef$$$y--$$d%d;;wpg,*wNid$6 MEN

e- '

.c u

m.

.o.

}

y r-=in temen.

.see and osime nm ot' con

. 1976 Mf..,*S.%N Dbi Pstic}Qncurit!' cian'be%n i minigrans of. thorium.

~

iku pp One commentator on the proposed ruWdwithout any,unreannableAizard g% g / g pig 64s las U.so

{-

h did.not agree with Mie proposed rnethodgot tiroperty,%% T4@W{ I60.15 a y

t 4M s

gg; gg,, D gy 9 gof M,distxsal Ro! h obr.olete i.dostmeters v.Under the provisions of cy through normal ti.'use stisposal f ac!11tlee,'t of 10 CFT, rt.rt 160,Gemptions and ss-4ss, ps. stat.1sts os e,s.o. tas [,) x.

5 e M,'

bo - - ha dir.cuued by the Cosamission (41 yR Y *. M :28033), and suggested that the dosim.'i Agreeme.nt Stat (s Under Section 2747'.Conunued ~ R NN I

. ' eter supplier should be required to dis.. sthe transfer of possepslon or control by

  1. 'D""'T 1877-M Fc<,A';W p% tpose of all asolete and u',ed dosimeters Persons in Agreement Etates who manu.

. Por the Nu'eleti.Rigulatory CommisJN..

p.,oc,e through 6 I!.wed radioactive disposal f1rnChe (Mntglaston has considered tig neutron' dosimeters;containing thorium.f acture,- p pud. comment in light of the projected dis, : for use by exempt gernons gr 3

g; p,g,g.g d

gy*4 cat, Ik'.D.~

ver tribution and use of the doslmeters, ne ' the Cornmission's censing knd regula.s A'

p.%.# 1 cased to exempt persons under the terms 2 meterstory requirements, even though the dosi. f Ira Dm77-ase?

buIk of the dostmeten Mll be loaned oc e

are,rnanufactured

  • under an.

+. -

F ','." '. of do irnetry service contracts. such do. n Agreement state license. sy the

{$.T'T the.11oensed. manufacturer who would?ctsing such regulatory' authority by ca. < CHAPT'ER l-IU simeters would exentually be returned to" the exemption, the Commission is exer. J

~

ISTRATION,' DU ARTMENT OF. TRANS.O ' '

il.* ' ".ktsemble usable thorium fo!!s into new empting, under new I 4C.13(c)(1)(v10 PORTATION

.J*~#-

<-. I"g, ,

c.,,s -

{*~,

dosimeters or dispose of thorium foils cany person Uncluding a manufacturer, e

-s W

9,,'fy ),

gp,-

". v; s damaged or unusable for whateret caut.e ~ PPOC*SSOf..or producer. In an Agreement.. pug

?.

by using commerHa! redlonctive was,te. State of personnel neutron dostmeters) PART 39---AIRWol'THINESS.DlRECTIVES - f '

% ";f'distw.al servlees. '

ra

w*.-

,to the extent,that such person trans*ers

,.. D!sponal of a dcr:1 meter through ner, rersonnel neutron dosimetecs containing

- Boeing 707-100 -100B,a200 SeriesN Y -

  • U" ';? cut if an exempt person were to lose or' 3 ' mal refuse disposal fact 1!Ues could oc.i not more t n.I 'll --Q

' Ali planes W M 4 4.'

Mi

~

2-

.^

Pursuant i to the :Nationgl

  • Environ.,' Amendment 30-1838 AT)w'/4-1 reg { l M *:misplsoe;a'dostmeter. or dispor.e of a"6 mission's regulations in 10 CFR Part 61, '.emeks in U

mental Polley Act of 1069, and the CornC quires n' one. time X. ray,tnspecti fork,g,->

b;rM' dostmeter that he. owns or por.sesses by ict T!ng ' station 360 ;J

discarding it as trash rather than by re. /'Liet.nsing. and. Regulatory Polley and aplice plate on D cing 707-100,5-100B, b,,,,

i p,g/ It waa this relat!vely rare event that the..tlon,"< the Commission's Ofnce of Ltand,' turntntiit to.the licens P

m j'

was based on ser N[,'t ice 'dimeultles 'which i rly designed 70.7-300(%

., Co'mpntssion charattertred as highly un..ards ' Development has prepared a final meurred on simil

.L l

- likely)o result,In*any signifleant radia.r. environmental 1:npact statement tri,Part. suing Amendment con. -300B/C,.-400 6erl es airplanca. Since is.

39-1838 'imt roved Inig; V

$1on

  • safetydproblemi',TheMore,"'no nection with".this' action.% amend i

i h.W,9ran&nge in the text of the rule is war. 40 of the Commis'slon's regulations. The, spection technique. have been dev 9?

-e y.

ted with respect'tc disposal of dosim; statement is available-for. Inspection by Thuelore, thti Ar is being amended.to.,3er F

. etera. y 7

9 the public in the Com'miss!on's Public. Provide low frequi ncy eddy current in.

!) y;' After 'considerat15ti o' f 'th'e c'rnrdents roc.tment Room 'at 2717 II Street KW.,. spections as an 0; tion to the X ray in.' ['.

o

.Y 'i and other factor involved, the Commis. Washington,: D.C. ;In9about ~,two' weeks spettlons presenti called out. Current '

c i.& ston has adopted the i,mendment. 'nie after publication of this noticetiti the service difncultles do not show a need.

i.. text of I 40.13(c)(1) set out below is ' PamraAL RWistrs, CoplC$)of the st&lt. for repeldtlve irr.

g does occur. man /if

.3 Etionsi. however 7c

' ; ** Identical with the-text of the proposed ment w!D be avadable as NUREO4137 cignincant crack 1r da.g '

f ~ aniendment r"blished June 24, 1976. e from the National TechnicalInformation tory repetitive in!pkt.lons VH1 be, con.y

. The amendment exempts from the Eervice, Springfield, Virginia 22161. The ridered.

regulatory rcQuirements of Psrt 40 and price.will be.85.00 for paper copy and Clarifying infor nation has also'beca ' *"' "

r; the !!cens!ct requirements of section C2 43.00 for micronche. 'aw - An. ~,.

?/.

v, of the Act the rece!Pt. por, session / tuie,.

  • Pursuant to the Atomic Dergy Act of, provided fci apprAod ttpairs if.tracksW ;'

are found. le ace this amendment proJ e;@-

' b.?;cdos1 meters by idlding tals'producttransfe.r. or 1:nport of personnel neutmn : 1954, As amended, the Pnergy n ve means' of. comp 11.,y f

ins a tation Act of 1974.~as amendediand sec. ance and imposes no additional burden r.

,... ' - tiew. category fin I 40.13(cJ(1). As tions $52 and $53 of title 5 of the United on any pe son n tice and public groe '

2*

?**d amended,I 4t.13(c)(1) exempts thorium d,', contained in dL!neandescent ras man..'11tle 20c Chapter.I. Code afPtates Code, the fb11owing at.umdment to teduro unnecessary and the A..'

i Fedem! amendment rnay be made. effective in' 9

. n-: tlea/U1) vacuum tubes,(11D welding rods, Regulations Part 40 is'pubit b,'d as' & llcss than 30 days. f. a*r.MQ,C,C'

, g.c-UV) elwiric lamfs for 1Duminating pur. ; document subject to todificationfa ~

Oto f.Protided!.That each lamp does (seen. 818(at, act, und eco"of Ai rederF %

)gQnot.contain more than 60. mill!grr.ms of ' (9)(pain i 40.13 of 10 CPn Part 40, paragraph Artation Act of los (ep U.s.9. tto4(a),142 TNT tkitm TV) germicidallamps, sun 1 amps, A is revised toyr.d as follows:<.

and 1423) and of a h*(M A:.d 1stups for outomt or industriallight.s 6 H,13 '. M'ngeanyguentg'es 4 so'um-. ment or T

<. 6(el.of the Depsrs. T. f ton Aes (40 U.S

r. ^ e -

664 " f N

- ge;).)

g 7,Ning:'Pr.ot'ided, Thal ~each lamp does not'~j&.?"'*h. 4N'**gM',

7 7f of the' fore'oting aha

!! considerattori contain'more than.2 gramspf thorium,5 -(

'W D : Any.guan ltlep,g.;M/g.* :'*Q; pA% y,'.

pm.ua.it to thQuthority 'defegated.to2 s

tvDVare earth metals and compounds, v -

t$rhtres Str,$ prodcria *contalning not D,(c).* M d.,

t thorium con *

f.,'

me by the Ad ulnistrator k(31"FR )

more than 0.25, percent by velght thorldtained in U) incandescent sannantles, 13697). I 39.13 of thb Poderaf' Aviation

= #

U vacuum, tubes

  • Ecguhtlons Ameadment '39-1836 AD um5 uranium..:or' any i cmblantJon 'of. (

18hese,' ouvilLpersonnel neutron e sim.2 10 Uvl electrie lamps,Suitr. welding 70ds,for !Iluminating pur. 74-1(49 is lunend 'd as t

W 4

elersbrovided

1. In two places ay,',e body oM @pg'

%; pi ot%ntain'mp,that'cach dostmeter doesfposes:'Protideda'Itat,%ach ! amp doce' aber the word % r n th t

than 60 milligraros,of ".not co'tain Inore 'than 60 milligrams of hfj timrlutn.19M add *orlow en

4. m g g g g,fts.

^<,e ~ -= / /.K." f and 1:.mps ',for? outdoor (or Gmdpstrial,

$sslound that re thoriumc(v) germicidallamps, suntamps, pney eddy em g. f' krhe.tThpComm

2. Delete the las. aentence of the C' N Pg ccipt. pct.seastontuse; transfer, or import - lighting:

Pror'ided t er;ch li.mp'does : ond paragraph of ther AD Tith the

?

. ' pag:tryn. the United Stated of personnel r.eu.', not contain,m6r,ths'nts /gramsi of low!ng sentence: 'If cracks' arp,fo'un

'1 into

' dolpimetersMontaining lnot. more; thoclum,; n are earth" her flight in accord than%0 tnilligramsTot tharlum each in.^ compounds,'l) @turesland phtnetalitand y repair prior to fm t L'

mix oducts con... ance with Part VI or VIII.or install es e/

ethunlmportaht'hiuantitles of source,, taining tiot'Inore ]han 0.25:percertt by. 'IX of.Docinc Ser L ternal doubler in ecordance witirRart M

j InsteM tthinithtetheaning of 'section veight thorium;,u' attlum, or any.combl. '

j t

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