RIS 2001-13, Update of Evacuation Time Estimates 10 CFR Part 40 Exemptions from Uranium Contained in Aircraft Counterweights
| ML011930535 | |
| Person / Time | |
|---|---|
| Issue date: | 07/20/2001 |
| From: | Cool D NRC/NMSS/IMNS |
| To: | |
| DeCicco J, NMSS/IMNS, 415-7833 | |
| References | |
| RIS-01-013 | |
| Download: ML011930535 (3) | |
UNITED STATESNUCLEAR REGULATORY COMMISSIONOFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDSWASHINGTON, DC 20555-0001July 20, 2001NRC REGULATORY ISSUE SUMMARY 2001-1310 CFR PART 40 EXEMPTIONS FOR URANIUM CONTAINED INAIRCRAFT 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) whichrequests 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 of10 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, inany 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 metallurgicaltreatment 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 processsource material;(2) Transfer the counterweights to another organization that will also use devices asaircraft counterweights;(3) Transfer the counterweights for disposal at a facility licensed for disposal ofradioactive material; or(4) Transfer the counterweights to an unlicensed disposal facility that accepts exemptradioactive 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 arelikely 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 thissummary, 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 SafeguardsTechnical contact: Joe DeCicco 301-415-7833 E-mail: jxd1@nrc.govAttachment: List of Recently Issued NRC Regulatory Issue Summaries Prohibited;" and 4) the exemption does not authorize any chemical, physical, or metallurgicaltreatment 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 processsource material;(2) Transfer the counterweights to another organization that will also use devices asaircraft counterweights;(3) Transfer the counterweights for disposal at a facility licensed for disposal ofradioactive material; or(4) Transfer the counterweights to an unlicensed disposal facility that accepts exemptradioactive 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 arelikely 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 thissummary, 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 SafeguardsTechnical contact: Joe DeCicco 301-415-7833 E-mail: jxd1@nrc.govAttachment: List of Recently Issued NRC Regulatory Issue SummariesDistribution: IMNS7515Accession No. ML011930535DOCUMENT NAME: G:RIS4DUCOUNTERWEIGHTS.WPDOFFICIAL RECORD COPYOFCMSIBIMNSFCSSDWMOGCMSIBIMNSNAMEJDeCiccoEKrausD GillenT EssigS Treby (NLO)JHickeyDCoolDATE04/27/015/01/015/01/016/15/015/31/ 016/17 /017/16/01/7/20/01
______________________________________________________________________________________OL = Operating License
CP = Construction PermitAttachment LIST OF RECENTLY ISSUEDNRC REGULATORY ISSUE SUMMARIES
_____________________________________________________________________________________Regulatory Issue Date of Summary No. Subject IssuanceIssued to
_____ _______________________________________________________________________________2001-12Nonconservatism in PressurizedWater Reactor Spent Fuel Storage Pool Reactivity Equivalencing Calculations05/18/2001All holders of operating licensesfor pressurized water reactors2001-11Voluntary Submission ofPerformance Indicator Data05/18/2001All holders of operating licensesfor nuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel2001-10Revisions to Staff Guidance onNotices of Enforcement Discretion04/02/2001All holders of operating licensesfor nuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel2001-09Control of Hazard Barriers04/02/2001All holders of operating licensesfor nuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel2001-08Operating Reactor LicensingAction Estimates04/02/01All power reactor licensees2000-11,Supp. 1NRC EmergencyTelecommunications System03/22/01All holders of operating licensesfor nuclear power reactors2001-0710 CFR 50.75(f)(1) Reports on theStatus of Decommissioning Funds (Due March 31, 2001)02/23/01All holders of operating licensesfor nuclear power reactors