Exemptions - further clarifications

[<L666783@LMSC5.IS.LMSC.LOCKHEED.COM>]

And, just because a source is exempt from licensing, does NOT mean it is
exempt from the DOT shipping regulations. So, when you toss that source
into the trash, make sure it is properly packaged, marked, labeled,
manifested, and otherwise prepared for transport.

Donald P. Mercado, O/47-20, B/101      PROFS Nickname: DMERCADO
Radiation Safety Officer            Email: Don.Mercado@lmco.com
Lockheed Martin Missiles & Space            Tel. (408) 742-0759
Sunnyvale, Ca 94089                         Fax. (408) 742-0611
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 Subject:  Exemptions - further clarifications
 X-Listserver-Version: 6.0 -- UNIX ListServer by Anastasios Kotsikonas
 X-Comment:  Radiation Safety Distribution List

 Much of what has been said in the most recent postings concerning exemptions
are
 corrrect; however, one can not generalize too much because there are a number
of
 differences amongst the various exemptions.

  Most of the byproduct material exemptions, but specifically not 30.18 (exempt
 quantities), contain an exemption from Part 20.  Thus licensees can treat the
 specific products covered by such an exemption as non-radioactive.  None of th
e
 source material exemptions specifically contain an exemption from Part 20 so
the
 materials should be controlled under Part 20 (in the case of a licensee).
Howev
 there is not anything explicit to prevent licensees from transferring source
mat
 to exempt persons as a way of getting rid of it.

 Generally, exemption provisions assume that it is not possible to enforce
 restrictions on non-licensees.  Thus, disposal in municipal waste or sometimes
 recycling is assumed.  In the case of specific product exemptions one can
estima
 the number likely to be in one place under normal circumstances and take this
in
 account in the regulatory decision to exempt.

 Exempt quantities is different because the use is not specific and there is no
 incorporation into a device.  Since one cannot prevent unlicensed persons from
 obtaining many exempt sources, the information provided to the recipient that
th
 quantities should not be combined  is intended to discourage use in combinatio
n
 which would increase the likely exposures.  The requirement for a license to
 distribute in this case is tied to commercial distribution rather than initial
 distribution.  In the case of product exemptions, the intent is not to license
 secondary distributors such as mass merchants.  For exempt quantities, there i
s
 more of a need to reduce the number likely to accumulate in one place not unde
r
 license so even secondary commercial distributors are required to be licensed.
 However, non-commercial transfers between licensees is not controlled by a
 distribution license.  This is to allow such things as transfers of samples
betw
 labs.

 Ten separately packaged exempt sources can be tranferred in one shipment.

 Although decay in storage is allowed, specific criteria are not contained in
the
 regulations.  Exempt concentrations and exempt quantities do not apply to this
 situation.