exempt from the requirements for a license set forth in section 81 of the Act and from the regulations in Parts 20 and 30-36 of this chapter to the extent that such person receives, possesses, uses, transfers, exports, owns, or acquires tritium, krypton-85, or promethium-147 in self-luminous products manufactured, processed, produced, imported, or transferred in accordance with a specific license issued by the Commission pursuant to § 32.22 of this chapter, which license authorizes the transfer of the product for use under this section.

(b) Any person who desires to manufacture, process, or produce self-luminous products containing tritium, krypton-85, or promethium-147, or to transfer or to import such products for use pursuant to paragraph (a) of this section, should apply for a license pursuant to § 32.22 of this chapter, which license states that the product may be transferred by the licensee to persons exempt from the regulations pursuant to paragraph (a) of this section or equivalent regulations of an Agreement State.

(c) The exemption in paragraph (a) of this section does not apply to tritium, krypton-85, or promethium-147 used in products primarily for frivolous purposes or in toys or adornments. [34 F.R. 9026, June 6, 1969]

§ 30.20 Gas and aerosol detectors containing byproduct material.

(a) Except for persons who manufacture, process, or produce gas and aerosol detectors containing byproduct material or who import such products, any person is exempt from the requirements for a license set forth in section 81 of the Act and from the regulations in Parts 20 and 30-36 of this chapter to the extent that such person receives, possesses, uses, transfers, exports, owns, or acquires byproduct material in gas and aerosol detectors designed to protect life or property from fires and airborne hazards, and manufactured, processed, produced, imported, or transferred in accordance with a specific license issued by the Commission pursuant to § 32.26 of this chapter, which license authorizes the transfer of the product for use under this section.

(b) Any person who desires to manufacture, process, or produce gas and aerosol detectors containing byproduct material, or to import or to transfer such products for use pursuant to paragraph

(a) Applications for specific licenses should be filed on Form AEC-313, "Application for Byproduct Material License", with the Director, Division of Materials Licensing, U.S. Atomic Energy Commission, Washington, D.C. 20545. Applications may be filed in person at the Commission's offices at 1717 H Street NW., Washington, D.C.; at 7920 Norfolk Avenue, Bethesda, Md.; or at Germantown, Md. Information contained in previous applications, statements or reports filed with the Commission may be incorporated by reference, provided that such references are clear and specific.

(b) The Commission may at any time after the filing of the original application, and before the expiration of the license, require further statements in order to enable the Commission to determine whether the application should be granted or denied or whether a license should be modified or revoked.

(c) Each application shall be signed by the applicant or licensee or a person duly authorized to act for and on his behalf.

(d) An application for license filed pursuant to the regulations in this part and Parts 32-36 will be considered also as an application for licenses authorizing other activities for which licenses are required by the Act, provided that the application specifies the additional activities for which licenses are requested and

complies with regulations of the Commission as to applications for such licenses. (e) Each application for a byproduct material license, other than a license exempted from Part 170 of this chapter, and other than an application for renewal or amendment of a license, shall be accompanied by the fee prescribed in Part 170 of this chapter.1

[30 F.R. 8185, June 26, 1965, as amended at 33 F.R. 10924, Aug. 1, 1968; 34 F.R. 19546, Dec. 11, 1969]

§ 30.33 General requirements for issuance of specific licenses.

(a) An application for a specific license will be approved if:

(1) The application is for a purpose authorized by the Act;

(2) The applicant's proposed equipment and facilities are adequate to protect health and minimize danger to life or property;

(3) The applicant is qualified by training and experience to use the material for the purpose requested in such manner as to protect health and minimize danger to life or property; and

(4) The applicant satisfies any special requirements contained in Parts 32-36.

(b) Upon a determination that an application meets the requirements of the Act, and the regulations of the Commission, the Commission will issue a specific license authorizing the possession and use of byproduct material (Form AEC 374, "Byproduct Material License"). § 30.34 Terms and conditions of li

censes.

(a) Each license issued pursuant to the regulations in this art and the regulations in Parts 31-36 shall be subject to all the provisions of the Act, now or hereafter in effect, and to all valid rules, regulations and orders of the Commission.

(b) No license issued or granted pursuant to the regulations in this part and Parts 31-36, nor any right under a license shall be transferred, assigned or in any manner disposed of, either volun

1 Section 170.31 prescribes fees for licenses for byproduct material of 100,000 curies or more in sealed sources used for irradiation of materials, and for waste disposal licenses specifically authorizing receipt of waste byproduct material from other persons for commercial disposal by land or sea burial by the waste disposal licensee.

tarily or involuntarily, directly or indirectly, through transfer of control of any license to any person, unless the Commission, shall, after securing full information, find that the transfer is in accordance with the provisions of the Act and shall give its consent in writing.

(c) Each person licensed by the Commission pursuant to the regulations in this part and Parts 31-36 shall confine his possession and use of the byproduct material to the locations and purposes authorized in the license. Except as otherwise provided in the license, a license issued pursuant to the regulations in this part and Parts 31-36 shall carry with it the right to receive, acquire, own, possess and import byproduct material and to transfer such material to other licensees within the United States authorized to receive such material.

(d) Each license issued pursuant to the regulations in this part and Parts 31-36 shall be deemed to contain the provisions set forth in section 183b.-d., inclusive, of the Act, whether or not these provisions are expressly set forth in the license.

(e) The Commission may incorporate, in any license issued pursuant to the regulations in this part and Parts 31-36, at the time of issuance, or thereafter by appropriate rule, regulation or order, such additional requirements and conditions with respect to the licensee's receipt, possession, use and transfer of byproduct material as it deems appropriate or necessary in order to:

(1) Promote the common defense and security;

(2) Protect health or to minimize danger to life or property;

(3) Protect restricted data;

(4) Require such reports and the keeping of such records, and to provide for such inspections of activities under the license as may be necessary or appropriate to effectuate the purposes of the Act and regulations thereunder. § 30.35 References in licenses outstanding on effective date of recodification of this part.

References to sections of Parts 30 and 31 and to Parts 30 and 31 in licenses outstanding on the effective date of this recodification shall be deemed to be references to the sections of Parts 30-36 and to Parts 30-36 superseding those denoted in the outstanding licenses.

§ 30.36 Expiration of licenses.

Except as provided in § 30.37(b), each specific license shall expire at the end of the day, in the month and year stated therein.

§ 30.37 Applications for renewal of li

censes.

(a) Applications for renewal of a specific license shall be filed in accordance with § 30.32.

(b) In any case in which a licensee, not less than thirty (30) days prior to the expiration of his existing license, has filed an application in proper form for renewal or for a new license, such existing license shall not expire until the application has been finally determined by the Commission.

§ 30.38 Applications for amendment of licenses.

Applications for amendment of a license shall be filed in accordance with § 30.32 and shall specify the respects in which the licensee desires his license to be amended and the grounds for such amendment.

(a) The terms and conditions of each license issued pursuant to the regulations in this part and Parts 31-36 shall be subject to amendment, revision or modification by reason of amendments to the Act, or by reason of rules, regulations and orders issued in accordance with the terms of the Act.

(b) Any license may be revoked, suspended or modified, in whole or in part, for any material false statement in the application or any statement of fact required under section 182 of the Act, or because of conditions revealed by such application or statement of fact or any report, record or inspection or other means which would warrant the Commission to refuse to grant a license on an original application, or for violation of, or failure to observe any of the terms and provisions of the Act or of any rule, regulation or order of the Commission.

(c) Except in cases of willfulness or those in which the public health, interest or safety requires otherwise, no license shall be modified, suspended or revoked unless, prior to the institution of proceedings therefor, facts or conduct which may warrant such action shall have been called to the attention of the licensee in writing and the licensee shall have been accorded an opportunity to demonstrate or achieve compliance with all lawful requirements. § 30.62 Right to withhold or recall byproduct material.

The Commission may withhold, recall or order the withholding or recall of by

ram) (74).

W 187

7X10-4

Vanadium (23).

Xenon (54)..

1X10-8

Yttrium (39)..

Y 90

2X10-4

Y 91m

3X10-2

NOTE 1: Many radioisotopes_disintegrate into isotopes which are also radioactive. In expressing the concentrations in Schedule A, the activity stated is that of the parent isotope and takes into account the daughters.

NOTE 2: For purposes of § 30.14 where there is involved a combination of isotopes, the limit for the combination should be derived as follows:

Determine for each isotope in the product the ratio between the concentration present in the product and the exempt concentration established in Schedule A for the specific isotope when not in combination. The sum of such ratios may not exceed "1" (i.e., unity). Example:

Concentration of Isotope A in Product+

A-Generally

licensed

AUTHORITY: The provisions of this Part 31 issued under secs. 81, 82. 161, 183. 68 Stat. 935, 948, 954; 42 U.S.C. 2111, 2112, 2201, 2233. For the purpose of sec. 223, 68 Stat. 958; 42 U.S.C. 2273, § 31.2(b) issued under sec. 161b, 68 Stat. 948; 42 U.S.C. 2201.

SOURCE: The provisions of this Part 31 appear at 30 F.R. 8189, June 26, 1965, unless otherwise noted.

§ 31.1 Purpose and scope.

This part establishes general licenses for certain quantities of byproduct material and byproduct material contained in certain items. Part 30 of this chapter also contains provisions applicable to the subject matter of this part.