(a) An application for a specific license to manufacture, or initially transfer devices containing byproduct material to persons generally licensed under Sec. 31.5 of this chapter or equivalent regulations of an Agreement State will be approved if:
(1) The applicant satisfies the general requirements of Sec. 30.33 of this chapter;
(2) The applicant submits sufficient information relating to the design, manufacture, prototype testing, quality control, labels, proposed uses, installation, servicing, leak testing, operating and safety instructions, and potential hazards of the device to provide reasonable assurance that:
(i) The device can be safely operated by persons not having training in radiological protection;
(ii) Under ordinary conditions of handling, storage, and use of the device, the byproduct material contained in the device will not be released or inadvertently removed from the device, and it is unlikely that any person will receive in 1 year a dose in excess of 10 percent of the annual limits specified in Sec. 20.1201(a) of this chapter; and
(iii) Under accident conditions (such as fire and explosion) associated with handling, storage and use of the device, it is unlikely that any person would receive an external radiation dose or dose commitment in excess of the dose to the appropriate organ as specified in Column IV of the table in Sec. 32.24.
(3) Each device bears a durable, legible, clearly visible label or labels approved by the Commission which contain in a clearly identified and separate statement:
(i) Instructions and precautions necessary to assure safe installation, operation, and servicing of the device (documents such as operating and service manuals may be identified in the label and used to provide this information);
(ii) The requirements, or lack of requirement, for leak testing, or for testing any on-off mechanism and indicator, including the maximum time interval for such testing, and the identification of radioactive material by isotope, quantity of radioactivity, and date of determination of the quantity; and
(iii) The information called for in the following statement in the same or substantially similar form: \1\---------------------------------------------------------------------------
\1\ Devices licensed under Sec. 32.51 prior to January 19, 1975 may bear labels authorized by the regulations in effect on January 1, 1975.
The receipt, possession, use, and transfer of this device Model -------- \2\, Serial No.------ \2\, are subject to a general license or the equivalent and the regulations of the U.S. NRC or of a State with which the NRC has entered into an agreement for the exercise of regulatory authority. This label shall be maintained on the device in a legible condition. Removal of this label is prohibited.---------------------------------------------------------------------------
\2\ The model, serial number, and the name of the manufacturer, or initial transferor may be omitted from this label provided the information is elsewhere specified in labeling affixed to the device.---------------------------------------------------------------------------
CAUTION--RADIOACTIVE MATERIAL ________________________________________________________________________(Name of manufacturer, or initial transferor) \2\
(4) Each device having a separable source housing that provides the primary shielding for the source also bears, on the source housing, a durable label containing the device model number and serial number, the isotope and quantity, the words, ``Caution-Radioactive Material,'' the radiation symbol described in Sec. 20.1901 of this chapter, and the name of the manufacturer or initial distributor.
(5) Each device meeting the criteria of Sec. 31.5(c)(13)(i) of this chapter, bears a permanent (e.g., embossed, etched, stamped, or engraved) label affixed to the source housing if separable, or the device if the source housing is not separable, that includes the words, ``Caution-Radioactive Material,'' and, if practicable, the radiation symbol described in Sec. 20.1901 of this chapter.
(6) The device has been registered in the Sealed Source and Device Registry.
(b) In the event the applicant desires that the device be required to be tested at intervals longer than six months, either for proper operation of the on-off mechanism and indicator, if any, or for leakage of radioactive material or for both, he shall include in this application sufficient information to demonstrate that such longer interval is justified by performance characteristics of the device or similar devices, and by design features which have a significant bearing on the probability or consequences of leakage of radioactive material from the device or failure of the on-off mechanism and indicator. In determining the acceptable interval for the test for leakage of radioactive material, the Commission will consider information which includes, but is not limited to:
(1) Primary containment (source capsule);
(2) Protection of primary containment;
(3) Method of sealing containment;
(4) Containment construction materials;
(5) Form of contained radioactive material;
(6) Maximum temperature withstood during prototype tests;
(7) Maximum pressure withstood during prototype tests;
(8) Maximum quantity of contained radioactive material;
(9) Radiotoxicity of contained radioactive material; and
(10) Operating experience with identical devices or similarly designed and constructed devices.
(c) In the event the applicant desires that the general licensee under Sec. 31.5 of this chapter, or under equivalent regulations of an Agreement State, be authorized to install the device, collect the sample to be analyzed by a specific licensee for leakage of radioactive material, service the device, test the on-off mechanism and indicator, or remove the device from installation, the applicant shall include in the application written instructions to be followed by the general licensee, estimated calendar quarter doses associated with such activity or activities, and the bases for these estimates. The submitted information must demonstrate that performance of this activity or activities by an individual untrained in radiological protection, in addition to other handling, storage, and use of devices under the general license, is unlikely to cause that individual to receive a dose in excess of 10 percent of the annual limits specified in Sec. 20.1201(a) of this chapter. [39 FR 43533, Dec. 16, 1974, as amended at 40 FR 8785, Mar. 3, 1975; 42 FR 25721, May 19, 1977; 43 FR 6923, Feb. 17, 1978; 58 FR 67660, Dec. 22, 1993; 59 FR 5520, Feb. 7, 1994; 65 FR 79189, Dec. 18, 2000; 77 FR 43693, July 25, 2012] Sec. 32.51a Same: Conditions of licenses.
(a) If a device containing byproduct material is to be transferred for use under the general license contained in Sec. 31.5 of this chapter, each person that is licensed under Sec. 32.51 shall provide the information specified in this paragraph to each person to whom a device is to be transferred. This information must be provided before the device may be transferred. In the case of a transfer through an intermediate person, the information must also be provided to the intended user prior to initial transfer to the intermediate person. The required information includes--
(1) A copy of the general license contained in Sec. 31.5 of this chapter; if paragraphs (c)(2) through (4) or (c)(13) of Sec. 31.5 do not apply to the particular device, those paragraphs may be omitted.
(2) A copy of Sec. Sec. 31.2, 30.51, 20.2201, and 20.2202 of this chapter;
(3) A list of the services that can only be performed by a specific licensee;
(4) Information on acceptable disposal options including estimated costs of disposal; and
(5) An indication that NRC's policy is to issue high civil penalties for improper disposal.
(b) If byproduct material is to be transferred in a device for use under an equivalent general license of an Agreement State, each person that is licensed under Sec. 32.51 shall provide the information specified in this paragraph to each person to whom a device is to be transferred. This information must be provided before the device may be transferred. In the case of a transfer through an intermediate person, the information must also be provided to the intended user prior to initial transfer to the intermediate person. The required information includes--
(1) A copy of the Agreement State's regulations equivalent to Sec. Sec. 31.5, 31.2, 30.51, 20.2201, and 20.2202 of this chapter or a copy of Sec. Sec. 31.5, 31.2, 30.51, 20.2201, and 20.2202 of this chapter. If a copy of the NRC regulations is provided to a prospective general licensee in lieu of the Agreement State's regulations, it shall be accompanied by a note explaining that use of the device is regulated by the Agreement State; if certain paragraphs of the regulations do not apply to the particular device, those paragraphs may be omitted.
(2) A list of the services that can only be performed by a specific licensee;
(3) Information on acceptable disposal options including estimated costs of disposal; and
(4) The name or title, address, and phone number of the contact at the Agreement State regulatory agency from which additional information may be obtained.
(c) An alternative approach to informing customers may be proposed by the licensee for approval by the Commission.
(d) Each device that is transferred after February 19, 2002 must meet the labeling requirements in Sec. 32.51(a)(3) through (5).
(e) If a notification of bankruptcy has been made under Sec. 30.34(h) or the license is to be terminated, each person licensed under Sec. 32.51 shall provide, upon request, to the NRC and to any appropriate Agreement State, records of final disposition required under Sec. 32.52(c). [65 FR 79189, Dec. 18, 2000; 65 FR 80991, Dec. 22, 2000]