64E-5.202. Source Material - Exemptions

(1) Any person is exempt from this part to the extent that such person receives, possesses, uses, owns or transfers source material in any chemical mixture, compound, solution or alloy in which the source material is by weight less than 1/20 of 1 percent of the mixture, compound, solution or alloy.

(2) Any person is exempt from this part to the extent that such person receives, possesses, uses or transfers unrefined and unprocessed or containing source material; provided that, except as authorized in a specific license, such person shall not refine or process such ore.

(3) Any person is exempt from this part to the extent that such person receives, possesses, uses or transfers:

(a) Any quantities of thorium contained in:

1. Incandescent gas mantles;

2. Vacuum tubes;

3. Welding rods;

4. Electric lamps for illuminating purposes, provided that each lamp does not contain more than 50 milligrams of thorium;

5. Germicidal lamps, sunlamps and lamps for outdoor or industrial lighting provided that each lamp does not contain more than 2 grams of thorium;

6. Rare earth metals and compounds, mixtures and products containing not more than 0.25 percent by weight thorium, uranium, or any combination of these; or

7. Personnel neutron dosimeters, provided that each dosimeter does not contain more than 50 milligrams of thorium;

(b) Source material contained in the following products:

1. Glazed ceramic tableware, provided that the glaze contains not more than 20 percent by weight source material;

2. Glassware containing not more than 10 percent by weight source material, but not including commercially manufactured glass brick, ceramic tile or other glass, or ceramic used in construction;

3. Glass enamel or glass enamel frit containing not more than 10 percent by weight source material imported or ordered for importation into the United States, or initially distributed by manufacturers in the United States, before July 25, 1983; or

4. Piezoelectric ceramic containing not more than 2 percent by weight source material;

(c) Photographic film, negatives, and prints containing uranium or thorium;

(d) Any finished product or part fabricated of, or containing, tungsten-thorium or magnesium-thorium alloys, provided that the thorium content of the alloy does not exceed 4 percent by weight and that this exemption shall not be deemed to authorize the chemical, physical, or metallurgical treatment or processing of any such product or part;

(e) Uranium contained in counterweights installed in aircraft, rockets, projectiles, and missiles, or stored or handled in connection with installation or removal of such counterweights, provided that:

1. The counterweights are manufactured in accordance with a specific license issued by the U.S. Nuclear Regulatory Commission, authorizing distribution by the licensee pursuant to 10 C.F.R. Part 40;

2. Each counterweight has been impressed with the following legend clearly legible through any plating or other covering: “DEPLETED URANIUM” or “CAUTION – RADIOACTIVE MATERIAL – URANIUM” if manufactured prior to December 31, 1969;

3. Each counterweight is durably and legibly labeled or marked with the identification of the manufacturer and the statement: “UNAUTHORIZED ALTERATIONS PROHIBITED”, unless manufactured prior to December 31, 1969, and impressed with the legend “CAUTION – RADIOACTIVE MATERIAL – URANIUM”.

4. This exemption shall not be deemed to authorize the chemical, physical, or metallurgical treatment or processing of any such counterweights other than repair or restoration of any plating or other covering;

(f) Natural or depleted uranium metal used as shielding constituting part of any shipping container provided that the shipping container is conspicuously and legibly impressed with the legend “CAUTION – RADIOACTIVE SHIELDING – URANIUM”; and the uranium metal is encased in mild steel or equally fire resistant metal of minimum wall thickness of one-eighth inch (3.2 mm).

(g) Thorium contained in finished optical lenses, provided that each lens does not contain more than 30 percent by weight of thorium, and that this exemption shall not be deemed to authorize either:

1. The shaping, grinding, or polishing of such lens or manufacturing processes other than the assembly of such lens into optical systems and devices without any alterations of the lens; or

2. The receipt, possession, use or transfer of thorium contained in contact lenses, or in spectacles, or in eyepieces in binoculars or other optical instruments;

(h) Uranium contained in detector heads for use in fire detection units, provided that each detector head contains not more than 0.005 microcurie of uranium; or

(i) Thorium contained in any finished aircraft engine part containing nickel-thoria alloy, provided that:

1. The thorium is dispersed in the nickel-thoria alloy in the form of finely divided thoria or thorium dioxide; and

2. The thorium content in the nickel-thoria alloy does not exceed 4 percent by weight.

(4) The exemptions in this section do not authorize the manufacture of any of the products described.

Rulemaking Authority 404.051, 404.061, 404.141 FS. Law Implemented 404.022, 404.051(1), (4), 404.141 FS. History–New 7-17-85, Amended 4-4-89, Formerly 10D-91.302.