(6) Thermostat dials and pointers containing not more than 25 millicuries of tritium per thermostat.

(7) Glow lamps containing not more than 10 microcuries of tritium per lamp. (b) Any person who desires to apply tritium or promethium 147 to, or to incorporate tritium or promethium 147 into, the products exempted in paragraph (a) of this section, or who desires to import for sale or distribution such products containing tritium or promethium 147, 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.

[31 F.R. 5316, Apr. 2, 1966, as amended at 31 F.R. 14349, Nov. 8, 1966]

LICENSES

§ 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 32-36. General licenses are effective without the filing of applications with the Commission or the issuance of licensing documents to particular persons.

§ 30.32 Applications for specific li

censes.

(a) Applications for specific licenses should be filed on Form AEC-313, "Application for Byproduct Material License", with the Director, Division of Materials Licensing, U.S. Atomic Energy Commission, Washington, D.C. 20545. Applications may be filed in person at the Commission's offices at 1717 H Street NW., Washington, D.C.; at 4915 St. Elmo Avenue, Bethesda, Md.; or at Germantown, Md. Information contained in previous applications, statements or reports filed with the Commission may be incorporated by reference, provided that such references are clear and specific.

(b) The Commission may at any time after the filing of the original application, and before the expiration of the license, require further statements in order to enable the Commission to determine whether the application should be granted or denied or whether a license should be modified or revoked.

(c) Each application shall be signed by the applicant or licensee or a person duly authorized to act for and on his behalf.

(d) An application for license filed pursuant to the regulations in this part and Parts 32-36 will be considered also as an application for licenses authorizing other activities for which licenses are required by the Act, provided that the application specifies the additional activities for which licenses are requested and complies with regulations of the Commission as to applications for such licenses. § 30.33 General requirements for issuance of specific licenses.

(a) An application for a specific license will be approved if:

(1) The application is for a purpose authorized by the Act;

(2) The applicant's proposed equipment and facilities are adequate to protect health and minimize danger to life or property;

(3) The applicant is qualified by training and experience to use the material for the purpose requested in such manner as to protect health and minimize danger to life or property; and

(4) The applicant satisfies any special requirements contained in Parts 32-36.

(b) Upon a determination that an application meets 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 AEC 374, "Byproduct Material License"). § 30.34 Terms and conditions of li

censes.

(a) Each license issued pursuant to the regulations in this art and the regulations in Parts 31-36 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 31-36, 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.

(c) Each person licensed by the Commission pursuant to the regulations in this part and Parts 31-36 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 31-36 shall carry with it the right to receive, acquire, own, possess and import byproduct material and to transfer such material to other licensees within the United States authorized to receive such material.

(d) Each license issued pursuant to the regulations in this part and Parts 31-36 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 31-36, at the time of issuance, or thereafter by appropriate rule, regulation 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. § 30.35 References in licenses outstanding on effective date of recodification of this part.

References to sections of Parts 30 and 31 and to Parts 30 and 31 in licenses outstanding on the effective date of this recodification shall be deemed to be references to the sections of Parts 30-36 and to Parts 30-36 superseding those denoted in the outstanding licenses. § 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.

§ 30.38 Applications for amendment of licenses.

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.

§ 30.39 Commission action on applications to renew or amend.

In considering an application by a licensee to renew or amend his license the Commission will apply the applicable criteria set forth in § 30.33 and Parts 32-36 of this chapter.

(a) The terms and conditions of each license issued pursuant to the regulations in this part and Parts 31-36 shall be subject to amendment, revision or modification by reason of amendments to the Act, or by reason of rules, regulations and orders issued in accordance with the terms of the Act.

(b) Any license may be revoked, suspended or modified, in whole or in part, for any material false statement in the application or any statement of fact required under section 182 of the Act, or because of conditions revealed by such application or statement of fact or any report, record or inspection or other means which would warrant the Commission to refuse to grant a license on an original application, or for violation of, or failure to observe any of the terms and provisions of the Act or of any rule, regulation or order of the Commission.

(c) Except in cases of willfulness or those in which the public health, interest or safety requires otherwise, no license shall be modified, suspended or revoked unless, prior to the institution of proceedings therefor, facts or conduct which may warrant such action shall have been called to the attention of the licensee in writing and the licensee shall have been accorded an opportunity to demonstrate or achieve compliance with all lawful requirements. § 30.62 Right to withhold or recall byproduct material.

SCHEDULES

§ 30.70 Schedule A-Exempt concentrations.

Erbium (68). Europium (63)_.

935, 948, 954; 42 U.S.C. 2111, 2112, 2201, 2233. For the purpose of sec. 223, 68 Stat. 958; 42 U.S.C. 2273, § 31.2(b) issued under sec. 161b, 68 Stat. 948; 42 U.S.C. 2201 (b).

SOURCE: The provisions of this Part 31 appear at 30 F.R. 8189, June 26, 1965, unless otherwise noted.

§ 31.1 Purpose and scope.

This part establishes general licenses for certain quantities of byproduct material and byproduct material contained in certain items. Part 30 of this chapter also contains provisions applicable to the subject matter of this part.

§ 31.2 Terms and conditions.

(a) The general licenses provided in this part are subject to the provisions of §§ 30.14(d), 30.34 (a) to (e), 30.51 to 30.63 and Parts 20 and 36 of this chapter1 unless indicated otherwise in the language of the general license.

(b) Persons who transfer, receive, acquire, own, possess, use or import items and quantities of byproduct material pursuant to the general licenses provided in §§ 31.3 and 31.4:

(1) Shall not effect an increase in the radioactivity of said items or quantities by adding other radioactive material thereto, by combining byproduct material from two or more such items or quantities, or by altering them in any other manner so as to increase thereby the rate of radiation therefrom;

(2) Shall not administer externally or internally, or direct the administration of, said items or quantities or any part thereof to a human being for any purpose, including, but not limited to, diagnostic, therapeutic, and research purposes;

(3) Shall not add, or direct the addition of, said items or quantities or any part thereof to any food, beverage, cosmetic, drug, or other product designed for ingestion or inhalation by, or application to, a human being;

(4) Shall not include said items or quantities or any part thereof in any device, instrument, apparatus (including component parts and accessories thereto) intended for use in diagnosis, treatment or prevention of disease in human beings or animals or otherwise intended to affect the structure or any function of the body of human beings or animals.

1 Attention is directed particularly to the provisions of the regulations in Part 20 of this chapter which relate to the labeling of containers.

§ 31.3

Certain devices and equipment.

A general license is hereby issued to transfer, receive, acquire, own, possess and use byproduct material incorporated in the following devices or equipment which have been manufactured, tested and labeled by the manufacturer in accordance with the specifications contained in a specific license issued to him by the Commission.

(a) Static elimination device. Devices designed for use as static eliminators which contain, as a sealed source or sources, byproduct material consisting of a total of not more than 500 microcuries of polonium 210 per device.

(b) Spark gap and electronic tubes. Spark gap tubes and electronic tubes which contain byproduct material consisting of not more than 5 microcuries per tube of cesium 137, or nickel 63, or krypton 85 gas, or not more than one microcurie per tube of cobalt 60.

(c) Light meter. Devices designed for use in measuring or determining light intensity which contain, as a sealed source or sources, byproduct material consisting of a total of not more than 200 microcuries of strontium 90 per device.

(d) Ion generating tube. Devices designed for ionization of air which contain, as a sealed source or sources, byproduct material consisting of a total of not more than 500 microcuries of polonium 210 per device or of a total of not more than 50 millicuries of hydrogen 3 (tritium) per device.

§ 31.4 Certain quantities of byproduct material.

A general license is hereby issued to transfer, receive, acquire, own, possess, use and import the quantities of byproduct material listed in § 31.100, Schedule A, provided that no person shall at any one time possess or use, pursuant to the general licensing provisions of this section, more than a total of ten such scheduled quantities.