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60 per spark gap irradiator for use in electrically ignited fuel oil burners having a firing rate of at least 3 gallons per hour (11.4 liters per hour).

(b) Any person who desires to apply byproduct material to, or to incorporate byproduct material into, the products exempted in paragraph (a) of this section, or who desires to initially transfer for sale or distribution such products containing byproduct material, should apply for a specific license pursuant to $ 32.14 of this chapter, which license states that the product may be distributed by the licensee to persons exempt from the regulations pursuant to paragraph (a) of this section.

(Secs. 81, 161, Pub. L. 83-703, 68 Stat. 935, 948 (42 U.S.C. 2211, 2201); sec. 201, Pub. L. 93-438, 88 Stat. 1242 (42 U.S.C. 5841)) (31 FR 5316, Apr. 2, 1966, as amended at 31 FR 14349, Nov. 8, 1966; 32 FR 785, Jan. 24, 1967; 32 FR 6434, Apr. 26, 1967; 32 FR 13921, Oct. 6, 1967; 34 FR 6651, Apr. 18, 1969; 34 FR 19546, Dec. 11, 1969; 35 FR 6427, Apr. 22, 1970; 35 FR 8820, June 6, 1970; 43 FR 2387, Jan. 17, 1978; 43 FR 6921, Feb. 17, 1978; 46 FR 26471, May 13, 1981; 46 FR 46876, Sept. 23, 1981)

$ 30.18 Exempt quantities.

(a) Except as provided in paragraphs (c) and (d) of this section, any person is exempt from the requirements for a license set forth in section 81 of the Act and from the regulations in Parts 30 through 34 of this chapter to the extent that such person receives, possesses, uses, transfers, owns, or acquires byproduct material in individual quantities each of which does not exceed the applicable quantity set forth in § 30.71, Schedule B.

(b) Any person who possesses byproduct material received or acquired prior to September 25, 1971 under the general license then provided in $31.4 of this chapter is exempt from the requirements for a license set forth in section 81 of the Act and from the regulations in Parts 30 through 34 of this chapter to the extent that such person possesses, uses, transfers, or owns such byproduct material.

(c) This section does not authorize for purposes of commercial distribution the production, packaging, repackaging, or transfer of byproduct material or the incorporation of byproduct material into products intended for commercial distribution.

(d) No person may, for purposes of commercial distribution, transfer byproduct material in the individual quantities set forth in § 30.71 Schedule B, knowing or having reason to believe that such quantities of byproduct material will be transferred to persons exempt under this section or equivalent regulations of an Agreement State, except in accordance with a license issued under $ 32.18 of this chapter, which license states that the byproduct material may be transferred by the licensee to persons exempt under this section or the equivalent regulations of an Agreement State. (Sec. 161, as amended, Pub. L. 83-703, 68 Stat. 948 (42 U.S.C. 2201); sec. 201, as amended, Pub. L. 93-438, 88 Stat. 1243 (42 U.S.C. 5841)) (35 FR 6427, Apr. 22, 1970, as amended at 36 FR 16898, Aug. 26, 1971; 43 FR 6921, Feb. 17, 1978)

8 30.16 Resins containing scandium 46

and designed for sand-consolidation in

oil wells. 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 through 35 of this chapter to the extent that such person receives, possesses, uses, transfers, owns, or acquires synthetic plastic resins containing scandium 46 which are designed for sand-consolidation in oil wells, and which have been manufactured or initially transferred for sale or distribution, in accordance with a specific license issued pursuant to $ 32.17 of this chapter or equivalent regulations of an agreement State. The exemption in this section does not authorize the manufacture or initial transfer for sale or distribution of any resins containing scandium 46. (Sec. 161, as amended, Pub. L. 83-703, 68 Stat. 948 (42 U.S.C. 2201); sec. 201, as amended, Pub. L. 93-438, 88 Stat. 1243 (42 U.S.C. 5841)) (32 FR 4241, Mar. 18, 1967, as amended at 43 FR 6921, Feb. 21, 1978)

or

8 30.19 Self-luminous products containing

tritium, krypton-85, or promethium

147. (a) Except for persons who manufacture, process, produce initially transfer for sale or distribution self-luminous products containing tritium, krypton-85, or promethium-147, and except as provided in paragraph (c) of this section, 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 through 35 of this chapter to the extent that such person receives, possesses, uses, transfers, owns, or acquires tritium, krypton-85, or promethium-147 in self-luminous prod. ucts manufactured, processed, produced, or initially transferred in accordance with a specific license issued pursuant to $ 32.22 of this chapter, which license authorizes the initial 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 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. (Sec. 161, as amended, Pub. L. 83-703, 68 Stat. 948 (42 U.S.C. 2201); sec. 201, as amended, Pub. L. 93-438, 88 Stat. 1243 (42 U.S.C. 5841)) (34 FR 9026, June 6, 1969, as amended at 40 FR 8785, Mar. 3, 1975; 43 FR 6921, Feb. 17, 1978)

product material 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 through 35 of this chapter to the extent that such person receives, possesses, uses, transfers, 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, or initially transferred in accordance with a specific license issued pursuant to § 32.26 of this chapter, which license authorizes the initial 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 initially transfer such products for use pursuant to paragraph (a) of this section, should apply for a license pursuant to $ 32.26 of this chapter, which license states that the product may be initially transferred by the licensee to persons exempt from the regulations pursuant to paragraph (a) of this section or equivalent regulations of an Agreement State. (Sec. 161, as amended, Pub. L. 83-703, 68 Stat. 948 (42 U.S.C. 2201); sec. 201, as amended, Pub. L. 93-438, 88 Stat. 1243 (42 U.S.C. 5841)) (34 FR 6653, Apr. 18, 1969, as amended at 40 FR 8785, Mar. 3, 1975; 43 FR 6921, Feb. 17, 1978)

LICENSES

8 30.31 Types of licenses.

Licenses for byproduct material are of two types: General and specific. Specific licenses are issued to named persons upon applications filed pursuant to the regulations in this part and Parts 32 through 35 of this chapter. General licenses are effective without the filing of applications with the Commission or the issuance of licensing documents to particular persons. (Sec. 161, as amended, Pub. L. 83-703, 68 Stat. 948 (42 U.S.C. 2201); sec. 201, as amended, Pub. L. 93-438, 88 Stat. 1243 (42 U.S.C. 5841)) (30 FR 8185, June 26, 1965, as amended at 43 FR 6922, Feb. 17, 1978)

8 30.20 Gas and aerosol detectors contain

ing by product material. (a) Except for persons who manufacture, process, produce or initially transfer for sale or distribution gas and aerosol detectors containing by.

a

$ 30.32 Application for specific licenses. filed at least 9 months prior to com(a) Applications for specific licenses

mencement of construction of the should be filed in duplicate on Form plant or facility in which the activity NRC-313, “Application for Byproduct

will be conducted and shall be accomMaterial License,” with the Director

panied by any Environmental Report of Nuclear Material Safety and Safe

required pursuant to Part 51 of this guards, U.S. Nuclear Regulatory Com

chapter. mission, Washington, D.C. 20555. Ap

(Sec. 161, as amended, Pub. L. 83-703, 68 plications may be filed in person at Stat. 948 (42 U.S.C. 2201); sec. 201, as the Commission's offices at 1717 H amended, Pub. L. 93-438, 88 Stat. 1243 (42 Street, N.W., Washington, D.C., at U.S.C. 5841)) 7920 Norfolk Avenue, Bethesda, Mary- (30 FR 8185, June 26, 1965, as amended at land. Information contained in previ. 36 FR 145, Jan. 6, 1971; 37 FR 5747, Mar. 21, ous applications, statements or reports 1972; 39 FR 26279, July 18, 1974; 40 FR filed with the Commission or the

8785, Mar. 3, 1975; 40 FR 50704, Oct. 31, Atomic Energy Commission may be in

1975; 43 FR 6922, Feb. 17, 1978) corporated by reference, provided that

8 30.33 General requirements for issuance such references are clear and specific.

of specific licenses. (b) The Commission may at any time after the filing of the original ap- (a) An application for a specific liplication, and before the expiration of cense will be approved if: the license, require further statements (1) The application is for a purpose in order to enable the Commission to authorized by the Act; determine whether the application (2) The applicant's proposed equipshould be granted or denied or wheth- ment and facilities are adequate to er a license should be modified or re- protect health and minimize danger to voked.

life or property; (c) Each application shall be signed (3) The applicant is qualified by by the applicant or licensee or training and experience to use the maperson duly authorized to act for and terial for the purpose requested in on his behalf.

such manner as to protect health and (d) An application for license filed minimize danger to life or property; pursuant to the regulations in this (4) The applicant satisfies any spepart and Parts 32 through 35 of this cial requirements contained in Parts chapter will be considered also as an 32 through 35; and application for licenses authorizing (5) In the case of an application for other activities for which licenses are a license to receive and possess byrequired by the Act, provided that the product material for commercial waste application specifies the additional ac- disposal by land burial or for the contivities for which licenses are request- duct of any other activity which the ed and complies with regulations of Commission determines will signifithe Commission as to applications for cantly affect the quality of the envisuch licenses.

ronment, the Director of Nuclear Ma(e) Each application for a byproduct terial Safety and Safeguards or his material license, other than a license designee, before commencement of exempted from Part 170 of this chap- construction of the plant or facility in ter, shall be accompanied by the fee which the activity will be conducted, prescribed in § 170.31 of this chapter. on the basis of information filed and No fee will be required to accompany evaluations made pursuant to Part 51 an application for renewal or amend- of this chapter, has concluded, after ment of a license, except as provided weighing the environmental, economin § 170.31 of this chapter.

ic, technical, and other benefits (f) An application for a license to re- against environmental costs and conceive and possess byproduct material sidering available alternatives, that for commercial waste disposal by land the action called for is the issuance of burial or for the conduct of any other the proposed license, with any approactivity which the Commission deter- priate conditions to protect environmines will significantly affect the mental values. Commencement of conquality of the environment shall be struction prior to such conclusion

shall be grounds for denial of a license to receive and possess byproduct material in such plant or facility. As used in this paragraph the term “commencement of construction" means any clearing of land, excavation, or other substantial action that would adversely affect the environment of a site. The term does not mean site exploration, necessary roads for site exploration, borings to determine foundation conditions, or other preconstruction monitoring or testing to establish background information related to the suitability of the site or the protection of environmental values.

(b) Upon a determination that an application meet 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 NRC 374, “Byproduct Material License”).

(Sec. 161, as amended, Pub. L. 83-703, 68 Stat. 948 (42 U.S.C. 2201); sec. 201, as amended, Pub. L. 93-438, 88 Stat. 1243 (42 U.S.C. 5841); secs. 11.e(2), 81, 83, 84, 161b, 1610, 161x, 274; Pub. L. 83—703 as amended by Title II of Pub. L. 95–604, 68 stat. 919 et seq. 92 stat 3021 et seq (42 U.S.C. 2014e(2), 2111, 2113, 2114, 22016, 2201x, 2021)) (30 FR 8185, June 26, 1965, as amended at 36 FR 12731, July 7, 1971; 37 FR 5747. Mar. 21, 1972; 39 FR 26279, July 18, 1974; 43 FR 6922, Feb. 17, 1978; 45 FR 65530, Oct. 3, 1980)

(c) Each person licensed by the Commission pursuant to the regulations in this part and Parts 31 through 35 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 through 35 of this chapter shall carry with it the right to receive, acquire, own, and possess byproduct material. Preparation for shipment and transport of byproduct material shall be in accordance with the provisions of Part 71 of this chapter.

(d) Each license issued pursuant to the regulations in this part and Parts 31 through 35 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 through 35, at the time of issuance, or thereafter by appropriate rule, reg. ulation 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.

(f) Each licensee shall notify the Commission in writing when the licensee decides to permanently discontinue all activities involving materials authorized under the license. This notification requirement applies to all specific licenses issued under this part and Parts 32 through 35 of this chapter.

(g) Each licensee preparing technetium-99m radiopharmaceuticals from molybdenum-99/technetium-99m gen

$ 30.34 Terms and conditions of licenses.

(a) Each license issued pursuant to the regulations in this part and the regulations in Parts 31 through 35 of this chapter 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 through 35, nor any right under a license shall be transferred, assigned or in any manner disposed of, either voluntarily 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.

erators shall test the generator eluates for molybdenum-99 breakthrough in accordance with $ 35.14(b)(4) (i) through (iv) of this chapter. (Sec. 161, as amended, Pub. L. 83-703, 68 Stat. 948 (42 U.S.C. 2201); sec. 201, as amended, Pub. L. 93-438, 88 Stat. 1243 (42 U.S.C. 5841); secs 81, 161b, Pub. L. 83–703, 68 Stat. 935–948 (42 U.S.C. 2111, 2201); sec. 201 as amended, Pub. L. 93—438, 88 Stat. 1242 as amended by Pub. L. 94—79, 89 Stat. 413 (42 U.S.C. 5841)) [30 FR 8185, June 26, 1965, as amended at 38 FR 33969, Dec. 10, 1973; 43 FR 6922, Feb. 17, 1978; 44 FR 17480, Mar. 22, 1979; 45 FR 41394, June 19, 1980)

§ 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.

8 30.41 Transfer of byproduct material.

(a) No licensee shall transfer byproduct material except as authorized pursuant to this section.

(b) Except as otherwise provided in his license and subject to the provisions of paragraphs (c) and (d) of this section, any licensee may transfer by. product material:

(1) To the Department;

(2) To the agency in any Agreement State which regulates radioactive material pursuant to an agreement under section 274 of the Act;

(3) To any person exempt from the licensing requirements of the Act and regulations in this part, to the extent permitted under such exemption;

(4) To any person in an Agreement State, subject to the jurisdiction of that State, who has been exempted from the licensing requirements and regulations of that State, to the extent permitted under such exemption;

(5) To any person authorized to receive such byproduct material under terms of a specific license or a general license or their equivalents issued by the Atomic Energy Commission, the Commission, or an Agreement State;

(6) To a person abroad pursuant to an export license issued under Part 110 of this chapter; or

(7) As otherwise authorized by the Commission in writing.

(c) Before transferring byproduct material to a specific licensee of the Commission or an Agreement State or to a general licensee who is required to register with the Commission or with an Agreement State prior to receipt of the byproduct material, the licensee transferring the material shall verify that the transferee's license authorizes the receipt of the type, form, and quantity of byproduct material to be transferred.

(d) The following methods for the verification required by paragraph (c) of this section are acceptable:

(1) The transferor may have in his possession, and read, a current copy of the transferee's specific license or registration certificate;

(2) The transferor may have in his possession a written certification by the transferee that he is authorized by

$ 30.38 Applications for amendment of li

censes. 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.

8 30.39 Commission action on applications

to renew or amend. In considering an application by a liensee to renew or amend his lic se the Commission will apply the applicable criteria set forth in 30.33 and Parts 32 through 35 of this chapter. (Sec. 161, as amended, Pub. L. 83-703, 68 Stat. 948 (42 U.S.C. 2201); sec. 201, as amended, Pub. L. 93-438, 88 Stat. 1243 (42 U.S.C. 5841)) (30 FR 8185, June 26, 1965, as amended at 43 FR 6922, Feb. 17, 1978)

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