Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 100 - Radiology › Section 902 KAR 100:045 - Exemptions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 211.842-211.852,
				211.990(4),
				10 C.F.R.
				30.15, 30.16,
				30.19-30.21,
				40.11,
				40.13
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				211.844 requires the Cabinet for Health
				Services to provide by administrative regulation for the registration and
				licensing of the possession or use of sources of ionizing or electronic product
				radiation and the handling and disposal of radioactive waste. This
				administrative regulation establishes exemptions from the requirements of 902
				KAR Chapter 100 for certain uses of radioactive material and for specific
				devices containing radioactive material.
Section
			 1. Exemption of Source Material. The exemptions in this section do
			 not authorize manufacture of the products described. A person is exempt from
			 the requirements established in 902 KAR Chapter 100 if the person receives,
			 possesses, uses, or transfers:
(1) Source
			 material in a chemical mixture, compound, solution, or alloy in which the
			 source material is by weight less than one-twentieth of one (1) percent (0.05
			 percent) of the mixture, compound, solution, or alloy;
(2) Unrefined and unprocessed ore containing
			 source material; except that, as authorized in a specific license, the person
			 shall not refine or possess the ore.
(3)
(a) Any
			 quantity of thorium contained in:
1. An
			 incandescent gas mantle;
2. A
			 vacuum tube;
3. A welding
			 rod;
4. An electric lamp for
			 illuminating purposes, if each lamp contains less than fifty (50) milligrams of
			 thorium;
5. A germicidal lamp, sun
			 lamp, or lamp for outdoor or industrial lighting, if each lamp contains less
			 than two (2) grams of thorium;
6. A
			 rare earth metal, compound, mixture, or product containing not more than 0.25
			 percent by weight thorium, uranium, or a combination of these; or
7. Personal neutron dosimeters, if each
			 dosimeter contains less than fifty (50) milligrams of thorium.
(b) Source material contained in
			 the following products:
1. Glazed ceramic
			 tableware, if the glaze contains less than twenty (20) percent by weight source
			 material;
2. Glassware containing
			 not more than ten (10) percent by weight source material; but not including
			 commercially manufactured glass brick, pane glass, ceramic tile, or other
			 glass, glass enamel, or ceramic used in construction;
3. Glass enamel or glass enamel frit
			 containing not more than ten (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;
4. Piezoelectric ceramic containing not more
			 than two (2) percent by weight source material.
(c) Photographic film, negatives, and prints
			 containing uranium or thorium.
(d)
			 A finished product or part fabricated of, or containing, tungsten-thorium or
			 magnesium-thorium alloys, if the thorium content of the alloy does not exceed
			 four (4) percent by weight. The exemption contained in this paragraph shall not
			 be deemed to authorize the chemical, physical, or metallurgical treatment or
			 processing of the 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 the counterweights, if:
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 CFR Part
			 40;
2. Each counterweight has been
			 impressed with following legend clearly legible through plating or other
			 covering: "DEPLETED URANIUM;"
3.
			 Each counterweight is labeled or marked, durably and legibly, with the
			 manufacturer's identification, and the statement: "UNAUTHORIZED ALTERATIONS
			 PROHIBITED;" and
4. The exemption
			 contained in this subsection shall not be deemed to authorize the chemical,
			 physical, or metallurgical treatment or processing of the counterweights other
			 than repair or restoration of a plating or other covering.
(f) Natural or depleted uranium metal used as
			 shielding constituting part of a shipping container, if:
1. The shipping container is impressed,
			 conspicuously and legibly, with the legend "CAUTION -RADIOACTIVE SHIELDING -
			 URANIUM"; and
2. The uranium metal
			 is encased in mild steel or equally fire resistant metal of minimum wall
			 thickness of one-eighth inch (3.2mm).
(g) Thorium contained in finished optical
			 lenses, if each lens contains less than thirty (30) percent by weight of
			 thorium. The exemption contained in this subsection shall not be deemed to
			 authorize:
1. The shaping, grinding, or
			 polishing of lens or manufacturing processes other than the assembly of lens
			 into optical systems and devices without any alteration 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, if each detector head contains not more than 0.005
			 microcurie of uranium.
(i) Thorium
			 contained in a finished aircraft engine part containing nickel-thoria alloy,
			 if:
1. The thorium is dispersed in the
			 nickel-thoria alloy in the form of finely divided thoria (thorium dioxide);
			 and
2. The thorium content in the
			 nickel-thoria alloy does not exceed four (4) percent by weight.