Minnesota Administrative Rules

4731.0555 GENERAL LICENSE; CALIBRATION OR REFERENCE SOURCES.

Subpart 1.

Calibration or reference sources.

Persons listed in items A to C are issued a general license to receive title to, own, acquire, deliver, receive, possess, use, and transfer, according to subparts 2 to 4, plutonium in the form of calibration or reference sources:

A.

a person who holds a specific license issued by the commissioner that authorizes the person to receive, possess, use, and transfer radioactive material, including source material and special nuclear material;

B.

a person who holds a specific license issued by the NRC or an agreement state that authorizes the person to receive, possess, use, and transfer radioactive material, including source and special nuclear material; and

C.

a government agency that holds a specific license issued by the NRC that authorizes the agency to receive, possess, use, or transfer by-product material, source material, or special nuclear material.

Subp. 2.

Applicability.

The general license issued under subpart 1 applies only to calibration or reference sources that have been manufactured or initially transferred according to a specific license issued under part 4731.0605 or according to a specific license issued by the commissioner, the NRC, or an agreement state that authorizes manufacture of the sources for distribution to persons generally licensed by the commissioner, the NRC, or an agreement state.

Subp. 3.

Other law.

The general license issued under subpart 1 is subject to the provisions of parts 4731.0260; 4731.0590; 4731.0620; 4731.0630; and 4731.1000 to 4731.2950 and the provisions of Code of Federal Regulations, title 10, part 21, and sections 70.62, 74.11, and 74.19.

Subp. 4.

Requirements.

Persons who receive title to, own, acquire, deliver, receive, possess, use, or transfer one or more calibration or reference sources under the general license issued under subpart 1:

A.

shall not possess at any one time, at any one location of storage or use, more than five microcuries (185 kBq) of plutonium or five microcuries (185 kBq) of radium-226 in the sources;

B.

shall not receive, possess, use, or transfer the source unless the source or storage container bears a label that includes the following statement or a substantially similar statement that contains the information called for in the following statement:

"The receipt, possession, use, and transfer of this source, Model No. ....., Serial No. ....., are subject to a general license and the regulations of the Minnesota commissioner of health, the Nuclear Regulatory Commission, or a state with which the Nuclear Regulatory Commission has entered into an agreement for the exercise of regulatory authority. Do not remove this label.

CAUTION - RADIOACTIVE MATERIAL - THIS SOURCE CONTAINS PLUTONIUM. DO NOT TOUCH RADIOACTIVE PORTION OF THIS SOURCE.

(Name of manufacturer or initial transferor)";

C.

shall not transfer, abandon, or dispose of the source except by transfer to a person authorized by a license from the commissioner, the NRC, the Atomic Energy Commission, or an agreement state to receive the source;

D.

shall store the source, except when the source is being used, in a closed container adequately designed and constructed to contain plutonium or radium-226, which might otherwise escape during storage; and

E.

shall not use the source for any purpose other than the calibration of radiation detectors or the standardization of other sources.

Subp. 5.

Limitation.

The general license issued under subpart 1 does not authorize the manufacture, import, or export of calibration or reference sources containing plutonium or radium-226.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009