View source for RIS 2001-13, Update of Evacuation Time Estimates 10 CFR Part 40 Exemptions from Uranium Contained in Aircraft Counterweights

{{Adams
| number = ML011930535
| issue date = 07/20/2001
| title = Update of Evacuation Time Estimates 10 CFR Part 40 Exemptions from Uranium Contained in Aircraft Counterweights
| author name = Cool D
| author affiliation = NRC/NMSS/IMNS
| addressee name = 
| addressee affiliation = 
| docket = 
| license number = 
| contact person = DeCicco J, NMSS/IMNS, 415-7833
| document report number = RIS-01-013
| document type = NRC Regulatory Issue Summary
| page count = 3
}}
{{#Wiki_filter:UNITED STATES
                              NUCLEAR REGULATORY COMMISSION
                 OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS
                                    WASHINGTON, DC 20555-0001 July 20, 2001 NRC REGULATORY ISSUE SUMMARY 2001-13
       10 CFR PART 40 EXEMPTIONS FOR URANIUM CONTAINED IN
                              AIRCRAFT COUNTERWEIGHTS

==ADDRESSEES==
All holders of licenses authorized to manufacture aircraft counterweights containing uranium, and organizations and end users who may possess such counterweights.

==INTENT==
The U.S. Nuclear Regulatory Commission (NRC) is issuing this regulatory issue summary (RIS)
to emphasize restrictions, applicable to counterweights, and other products containing uranium, which are exempt from licensing requirements. This RIS does not transmit any new requirements or new staff positions. No specific action or written response is required.

==BACKGROUND INFORMATION==
NRC has received a petition (see Federal Register 65FR3394, January 21, 2000) which requests additional rulemaking to define and clarify the responsibilities associated with certain depleted uranium counterweights. Currently, NRC is considering rulemaking to revise 10 CFR
Part 40, in its entirety, and will consider the petition as part of that rulemaking. Individuals interested in the latest developments in rulemaking can access this information at http://ruleforum.llnl.gov/index.html. In the interim, this RIS emphasizes the requirements of
10 CFR 40.13(c)(5), which specifies the exemption for aircraft counterweights.

==SUMMARY OF ISSUE==
Source material includes natural or depleted uranium or thorium, or any combination thereof, in any physical or chemical form. 10 CFR 40.13 describes unimportant quantities of source material, and provides exemptions from the requirements for a license, and from the regulations in Part 40, subject to certain restrictions. One provision, 10 CFR 40.13(c)(5), exempts persons receiving, possessing, using, or transferring the uranium contained in counterweights installed in aircraft, rockets, projectiles, and missiles. These counterweights may also be stored or handled in connection with the installation or removal from such vehicles. The restrictions associated with this exemption are: 1) the counterweights must have been manufactured in accordance with a specific license to manufacture and distribute such items; 2) each counterweight must be impressed, legibly, through any plating or covering, with the words Depleted Uranium; 3) the counterweight must have durable and legible markings or labels with the identification of the manufacturer, and a statement, Unauthorized Alteration Prohibited; and 4) the exemption does not authorize any chemical, physical, or metallurgical treatment or processing of the counterweight, other than repair or restoration of any plating or other covering. Cutting, grinding, or smelting of uranium counterweights would therefore violate the conditions of the exemption, and are activities that require an NRC license.

When the counterweights are no longer to be used for their intended purposes, the end user, exempt from the regulations for these purposes, may transfer the counterweights as follows:
         (1) Return the counterweights to the manufacturer or other facility licensed to process source material;
         (2) Transfer the counterweights to another organization that will also use devices as aircraft counterweights;
         (3) Transfer the counterweights for disposal at a facility licensed for disposal of radioactive material; or
         (4) Transfer the counterweights to an unlicensed disposal facility that accepts exempt radioactive material. Note that other regulatory restrictions (Federal, State and local)
         may apply. In this regard, many disposal facilities that do not accept such material have radiation alarms, and will reject any material that sets off the alarms.

Note that the counterweights should not be transferred to scrap dealers or recyclers who are likely to physically, chemically, or metallurgically process the counterweights. Such processing would violate the restrictions of the exemption.

===PAPERWORK REDUCTION ACT STATEMENT===
This RIS does not request any information collection.

This RIS requires no specific action nor written response. If you have any questions about this summary, please get in touch with the contact person listed below, or the appropriate regional office.

/RA/
                                                Donald A. Cool, Director Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards Technical contact: Joe DeCicco
                      301-415-7833 E-mail: jxd1@nrc.gov Attachment: List of Recently Issued NRC Regulatory Issue Summaries Prohibited; and 4) the exemption does not authorize any chemical, physical, or metallurgical treatment or processing of the counterweight, other than repair or restoration of any plating or other covering. Cutting, grinding, or smelting of uranium counterweights would therefore violate the conditions of the exemption, and are activities that require an NRC license.

When the counterweights are no longer to be used for their intended purposes, the end user, exempt from the regulations for these purposes, may transfer the counterweights as follows:
         (1) Return the counterweights to the manufacturer or other facility licensed to process source material;
         (2) Transfer the counterweights to another organization that will also use devices as aircraft counterweights;
         (3) Transfer the counterweights for disposal at a facility licensed for disposal of radioactive material; or
         (4) Transfer the counterweights to an unlicensed disposal facility that accepts exempt radioactive material. Note that other regulatory restrictions (Federal, State and local)
         may apply. In this regard, many disposal facilities that do not accept such material have radiation alarms, and will reject any material that sets off the alarms.

Note that the counterweights should not be transferred to scrap dealers or recyclers who are likely to physically, chemically, or metallurgically process the counterweights. Such processing would violate the restrictions of the exemption.

===PAPERWORK REDUCTION ACT STATEMENT===
This RIS does not request any information collection.

This RIS requires no specific action nor written response. If you have any questions about this summary, please get in touch with the contact person listed below, or the appropriate regional office.

/RA/
                                                Donald A. Cool, Director Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards Technical contact: Joe DeCicco
                      301-415-7833 E-mail: jxd1@nrc.gov Attachment: List of Recently Issued NRC Regulatory Issue Summaries Distribution: IMNS7515 Accession No. ML011930535 DOCUMENT NAME: G:RIS4DUCOUNTERWEIGHTS.WPD                               OFFICIAL RECORD COPY
   OFC        MSIB          IMNS        FCSS          DWM              OGC           MSIB       IMNS
   NAME       JDeCicco       EKraus      D Gillen      T Essig     S Treby (NLO)      JHickey      DCool DATE        04/27/01      5/01/01     5/01/01       6/15/01         5/31/ 01       6/17 /01    7/16/01/
                                                                                                  7/20/01

Attachment LIST OF RECENTLY ISSUED
                                 NRC REGULATORY ISSUE SUMMARIES
_____________________________________________________________________________________
Regulatory Issue                                     Date of Summary No.                  Subject               Issuance               Issued to
_____ _______________________________________________________________________________
2001-12          Nonconservatism in Pressurized      05/18/2001 All holders of operating licenses Water Reactor Spent Fuel Storage               for pressurized water reactors Pool Reactivity Equivalencing Calculations
2001-11          Voluntary Submission of             05/18/2001 All holders of operating licenses Performance Indicator Data                     for nuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel
2001-10          Revisions to Staff Guidance on      04/02/2001 All holders of operating licenses Notices of Enforcement Discretion              for nuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel
2001-09          Control of Hazard Barriers          04/02/2001 All holders of operating licenses for nuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel
2001-08          Operating Reactor Licensing         04/02/01   All power reactor licensees Action Estimates
2000-11,         NRC Emergency                       03/22/01   All holders of operating licenses Supp. 1          Telecommunications System                      for nuclear power reactors
2001-07          10 CFR 50.75(f)(1) Reports on the   02/23/01   All holders of operating licenses Status of Decommissioning Funds                for nuclear power reactors (Due March 31, 2001)
______________________________________________________________________________________
OL = Operating License CP = Construction Permit
}}

{{RIS-Nav}}