25 Tex. Admin. Code § 289.251 – Exemptions, General Licenses, and General License Acknowledgements

(a) Scope and purpose. This section provides for exemptions to licensing requirements, general licensing of radioactive material, and acknowledgement of general licenses. Except as otherwise authorized, no person shall receive, possess, use, transfer, own, or acquire radioactive material except as authorized in a general license or general license acknowledgement issued in accordance with this section, or in a specific license issued in accordance with §289.115 of this title (relating to Radiation Safety Requirements and Licensing and Registration Procedures for Industrial Radiography), §289.127 of this title (relating to Licensing of Naturally Occurring Radioactive Material (NORM)), §289.252 of this title (relating to Licensing of Radioactive Material), or §289.254 of this title (relating to Licensing of Radioactive Waste Processing and Storage Facilities).
(b) Definitions. The following terms when used in this chapter shall have the following meanings, unless the text clearly indicates otherwise.
1. (1) General license--An authorization granted in accordance with this section. General licenses provided in this section are effective without the filing of applications with the agency or the issuance of licensing documents to the particular persons. The general licensee is subject to all other applicable portions of this chapter and any limitations of the general license.
2. (2) General license acknowledgement--A written recognition of a general license issued in accordance with this section. General license acknowledgements require the submission of an application to the agency and the issuance of a written acknowledgement of a general license granted in accordance with this section. The holder of a general license acknowledgement is subject to all other applicable portions of this chapter as well as any limitations specified in the acknowledgement document.
(c) Exemptions for source material.
1. (1) Any person is exempt from this section and §289.252 of this title if that person receives, possesses, uses, or transfers source material in any chemical mixture, compound, solution, or alloy in which the source material is by weight less than 1/20 of 1.0% (0.05%) of the mixture, compound, solution, or alloy.
2. (2) Any person is exempt from this section and §289.252 of this title if that person receives, possesses, uses, or transfers unrefined and unprocessed ore containing source material; provided that, except as authorized in a specific license, such person shall not refine or process such ore. This exemption does not apply to the mining of ore containing source material.
3. (3) Any person is exempt from this section and §289.252 of this title if that person receives, possesses, uses, or transfers:
  1. (A) any quantities of thorium contained in:
    1. (i) incandescent gas mantles;
    2. (ii) vacuum tubes;
    3. (iii) welding rods;
    4. (iv) electric lamps for illuminating purposes provided that each lamp does not contain more than 50 milligrams of thorium;
    5. (v) germicidal lamps, sunlamps, and lamps for outdoor or industrial lighting provided that each lamp does not contain more than two grams of thorium;
    6. (vi) rare earth metals and compounds, mixtures, and products containing not more than 0.25% by weight thorium, uranium, or any combination of these; or
    7. (vii) personnel neutron dosimeters, provided that each dosimeter does not contain more than 50 milligrams of thorium;
  2. (B) source material contained in the following products:
    1. (i) glazed ceramic tableware, provided that the glaze contains not more than 20% by weight source material;
    2. (ii) glassware containing not more than 10% by weight source material, but not including commercially manufactured glass brick, pane glass, ceramic tile, or other glass or ceramic used in construction;
    3. (iii) glass enamel or glass enamel frit containing not more than 10% 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; or
    4. (iv) piezoelectric ceramic containing not more than 2.0% by weight source material;
  3. (C) photographic film, negatives, and prints containing uranium or thorium;
  4. (D) any finished product or part fabricated of, or containing, metal-thorium alloys, provided that the thorium content of the alloy does not exceed 4.0% by weight and that the exemption contained in this subparagraph shall not be deemed to authorize the chemical, physical, or metallurgical treatment or processing of any such product or part;
  5. (E) depleted uranium contained in counterweights installed in aircraft, rockets, projectiles, and missiles, or stored or handled in connection with installation or removal of such counterweights, provided that:
    1. (i) the counterweights are manufactured in accordance with a specific license issued by the commission authorizing distribution by the licensee in accordance with 10 Code of Federal Regulations (CFR) Part 40;
    2. (ii) each counterweight has been impressed with the following legend clearly legible through any plating or other covering: "DEPLETED URANIUM," (The requirements specified in this clause need not be met by counterweights manufactured prior to December 31, 1969, provided that such counterweights are impressed with the legend, "CAUTION-RADIOACTIVE MATERIAL-URANIUM," as previously required by this chapter);
    3. (iii) each counterweight is durably and legibly labeled or marked with the identification of the manufacturer and the statement: "UNAUTHORIZED ALTERATIONS PROHIBITED," (The requirements specified in this clause need not be met by counterweights manufactured prior to December 31, 1969, provided that such counterweights are impressed with the legend, "CAUTION-RADIOACTIVE MATERIAL-URANIUM," as previously required by this chapter); and
    4. (iv) the exemption contained in this subparagraph shall not be deemed to authorize the chemical, physical, or metallurgical treatment or processing of any such counterweights other than repair or restoration of any plating, covering, or labeling;
  6. (F) depleted uranium used as shielding constituting part of any shipping container, provided that:
    1. (i) the shipping container is conspicuously and legibly impressed with the legend "CAUTION-RADIOACTIVE SHIELDING-URANIUM;" and
    2. (ii) the uranium metal is encased in a one-eighth inch minimum wall thickness of mild steel or equally fire resistant material;
  7. (G) thorium contained in finished optical lenses, provided that each lens does not contain more than 30% by weight of thorium, and that the exemption contained in this subparagraph shall not be deemed to authorize either:
    1. (i) the shaping, grinding, or polishing of such lens or manufacturing processes other than the assembly of such lens into optical systems and devices without any alteration of the lens; or
    2. (ii) the receipt, possession, use, or transfer of thorium contained in contact lenses, or in spectacles, or in eyepieces in binoculars or in other optical instruments;
  8. (H) uranium contained in detector heads for use in fire detection units, provided that each detector head contains not more than 0.005 microcurie of uranium; or
  9. (I) thorium contained in any finished aircraft engine part containing nickel-thoria alloy, provided that:
    1. (i) the thorium is dispersed in the nickel-thoria alloy in the form of finely divided thoria (thorium dioxide); and
    2. (ii) the thorium content in the nickel-thoria alloy does not exceed 4.0% by weight.
4. (4) The exemptions in paragraph (3) of this subsection do not authorize the manufacture of any of the products described.
(d) Exemptions for radioactive material other than source material.
1. (1) Exempt concentrations.
  1. (A) Except as provided in subparagraph (B) of this paragraph, any person is exempt from this section and §289.252 of this title if that person receives, possesses, uses, transfers, or acquires products or materials containing radioactive material in concentrations not in excess of those listed in subsection (q)(1) of this section.
  2. (B) No person may introduce radioactive material into a product or material, including waste, knowing or having reason to believe that it will be transferred to persons exempt in accordance with subparagraph (A) of this paragraph or equivalent regulations of the commission, any agreement state, or any licensing state, except in accordance with a specific license issued in accordance with §289.252(h)(1) of this title or the general license provided in §289.252(s) of this title.
2. (2) Exempt quantities.
  1. (A) Except as provided in subparagraph (C) of this paragraph, any person is exempt from these rules if that person receives, possesses, uses, transfers, or acquires radioactive material in individual quantities, each of which does not exceed the applicable quantity set forth in subsection (q)(2) of this section.
  2. (B) Any person who possesses radioactive material received or acquired in accordance with the general license provided in subsection (g)(1)(B) of this section is exempt from the requirements for a license set forth in §289.252 of this title if that person possesses, uses, or transfers such radioactive material.
  3. (C) This paragraph does not authorize the production, packaging, or repackaging of radioactive material for purposes of commercial distribution, or the incorporation of radioactive material into products intended for commercial distribution.
  4. (D) No person may, for purposes of commercial distribution, transfer radioactive material in quantities greater than the individual quantities set forth in subsection (q)(2) of this section, knowing or having reason to believe that such quantities of radioactive material will be transferred to persons exempt in accordance with this paragraph or equivalent regulations of the commission, any agreement state, or any licensing state, except in accordance with a specific license issued by the commission in accordance with 10 CFR 32.18 or by the agency in accordance with §289.252(h)(2) of this title, which states that the radioactive material may be transferred by the licensee to persons exempt in accordance with this paragraph or the equivalent regulations of the commission, any agreement state, or any licensing state.
  5. (E) The schedule of quantities set forth in subsection (q)(2) of this section applies only to radioactive materials distributed as exempt quantities in accordance with a specific license issued by the agency, another licensing state, or the commission. Subsection (q)(2) of this section does not apply to radioactive materials that have decayed from quantities not originally exempt and does not make such material, or the sources or devices in which the material is contained, exempt from the licensing requirements in this section or §289.252 of this title.
3. (3) Exempt items.
  1. (A) Certain items containing radioactive material.
    1. (i) Except for persons who apply radioactive material to, or persons who incorporate radioactive material into the following products, any person is exempt from this chapter if that person receives, possesses, uses, transfers, or acquires the following products:
      1. (I) timepieces, hands, or dials containing not more than the following specified quantities of radioactive material and not exceeding the following specified levels of radiation:
        (-a-) 25 millicuries of tritium per timepiece;
        (-b-) five millicuries of tritium per hand;
        (-c-) 15 millicuries of tritium per dial (bezels when used shall be considered as part of the dial);
        (-d-) 100 microcuries of promethium-147 per watch or 200 microcuries of promethium-147 per any other timepiece;
        (-e-) 20 microcuries of promethium-147 per watch hand or 40 microcuries of promethium-147 per other timepiece hand;
        (-f-) 60 microcuries of promethium-147 per watch dial or 120 microcuries of promethium-147 per other timepiece dial (bezels when used shall be considered as part of the dial);
        (-g-) the levels of radiation from hands and dials containing promethium-147 will not exceed, when measured through 50 milligrams per square centimeter of absorber:for wrist watches, 0.1 millirad per hour at ten centimeters from any surface;for pocket watches, 0.1 millirad per hour at one centimeter from any surface; andfor any other timepiece, 0.2 millirad per hour at ten centimeters from any surface; or
        (-h-) one microcurie of radium-226 per timepiece in timepieces, hands, or dials manufactured or initially distributed prior to January 1, 1986;
      2. (II) lock illuminators containing not more than 15 millicuries of tritium or not more than 2 millicuries of promethium-147 installed in automobile locks. The levels of radiation from each lock illuminator containing promethium-147 will not exceed one millirad per hour at one centimeter from any surface when measured through 50 milligrams per square centimeter of absorber;
      3. (III) balances of precision containing not more than one millicurie of tritium per balance or not more than 0.5 millicurie of tritium per balance part;
      4. (IV) automobile shift quadrants containing not more than 25 millicuries of tritium;
      5. (V) marine compasses containing not more than 750 millicuries of tritium gas and other marine navigational instruments containing not more than 250 millicuries of tritium gas;
      6. (VI) thermostat dials and pointers containing not more than 25 millicuries of tritium per thermostat;
      7. (VII) electron tubes; provided that each tube does not contain more than one of the following specified quantities of radioactive material and that the levels of radiation from each electron tube containing byproduct material do not exceed one millirad per hour at one centimeter from any surface when measured through seven milligrams per square centimeter of absorber: (For purposes of this clause, "electron tubes" include spark gap tubes, power tubes, gas tubes including glow lamps, receiving tubes, microwave tubes, indicator tubes, pick-up tubes, radiation detection tubes, and any other completely sealed tube designed to control electrical currents):
        (-a-) 150 millicuries of tritium per microwave receiver protector tube or ten millicuries of tritium per any other electron tube;
        (-b-) one microcurie of cobalt-60;
        (-c-) five microcuries of nickel-63;
        (-d-) 30 microcuries of krypton-85;
        (-e-) five microcuries of cesium-137; or
        (-f-) 30 microcuries of promethium-147;
      8. (VIII) ionizing radiation measuring instruments containing, for purposes of internal calibration or standardization, a source of radioactive material not exceeding the applicable quantity set forth in subsection (q)(2) of this section or 0.05 microcurie of americium-241; or
      9. (IX) spark gap irradiators containing not more than one microcurie of cobalt-60 per spark gap irradiator for use in electrically ignited fuel oil burners having a firing rate of at least three gallons per hour.
    2. (ii) Authority to transfer possession or control by the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing source material or byproduct material whose subsequent possession, use, transfer, and disposal by all other persons are exempted from regulatory requirements may be obtained only from the United States Nuclear Regulatory Commission, Washington, DC 20555.)
  2. (B) Self-luminous products containing tritium, krypton-85, promethium-147, or radium-226.
    1. (i) Except for persons who manufacture, process, or produce self-luminous products containing tritium, krypton-85, or promethium-147, any person is exempt from this chapter if that person receives, possesses, uses, transfers, owns, or acquires tritium, krypton-85, or promethium-147 in self-luminous products manufactured, processed, produced, imported, or transferred in accordance with a specific license issued by the commission in accordance with 10 CFR 32.22, which authorizes the transfer of the product to persons who are exempt from regulatory requirements. The exemption in this subparagraph does not apply to tritium, krypton-85, or promethium-147 used in products for frivolous purposes or in toys or adornments.
    2. (ii) Any person is exempt from this chapter if that person receives, possesses, uses, transfers, or owns articles acquired prior to January 1, 1986, each of which contains less than 0.1 microcurie of radium-226.
  3. (C) Gas and aerosol detectors containing radioactive material.
    1. (i) Except for persons who manufacture, process, or produce gas and aerosol detectors containing radioactive material, any person is exempt from this chapter if that person receives, possesses, uses, transfers, owns, or acquires radioactive material in gas and aerosol detectors designed to protect life or property from fires and airborne hazards provided that:
      1. (I) detectors containing radioactive material shall have been manufactured, imported, or transferred in accordance with a specific license issued by the commission in accordance with 10 CFR 32.26, or an agreement state or a licensing state in accordance with §289.252(h)(3) of this title; and
      2. (II) the specific license issued in accordance with §289.252 of this title authorizes the transfer of the detectors to persons who are exempt from regulatory requirements.
    2. (ii) Authority to transfer possession or control by the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing source material or byproduct material whose subsequent possession, use, transfer, and disposal by all other persons are exempted from regulatory requirements may be obtained only from the United States Nuclear Regulatory Commission, Washington, DC 20555.
    3. (iii) Gas and aerosol detectors previously manufactured and distributed to general licensees in accordance with a specific license issued by an agreement state or a licensing state shall be considered exempt in accordance with clause (i) of this subparagraph, provided that the devices are labeled in accordance with the specific license authorizing distribution of the generally licensed device, and provided further that they meet the requirements of §289.252 of this title.
  4. (D) Resins containing scandium-46 and designed for sand consolidation in oil wells. Any person is exempt from this chapter if that person receives, possesses, uses, transfers, or acquires synthetic plastic resins containing scandium-46, which are designed for sand consolidation in oil wells. Such resins shall have been manufactured or imported in accordance with a specific license issued by the commission, or shall have been manufactured in accordance with the specifications contained in a specific license issued by the agency or any agreement state to the manufacturer of such resins in accordance with licensing requirements equivalent to those in 10 CFR 32.16 and 32.17. This exemption does not authorize the manufacture of any resins containing scandium-46.
(e) General licenses. In addition to the requirements of this section, all general licenses, unless otherwise specified, are subject to the requirements of §289.112 of this title (relating to Hearing and Enforcement Procedures), §289.126 of this title (relating to Fees for Certificates of Registration, Radioactive Material(s) Licenses, Emergency Planning and Implementation, and Other Regulatory Services), and §289.201 of this title (relating to General Provisions), 21.1201(a), (b), (c), and (d) of Texas Regulations for Control of Radiation (TRCR) as adopted by reference in §289. 113 of this title (relating to Standards for Protection Against Radiation), and §289.252(r) of this title.
(f) General licenses for source material.
1. (1) A general license is hereby issued authorizing commercial and industrial firms, research, educational and medical institutions, and state and local government agencies to use and transfer not more than 15 pounds of source material at any one time for research, development, educational, commercial, or operational purposes. A person authorized to use or transfer source material, in accordance with this general license, may not possess more than a total of 150 pounds of source material in any one calendar year.
2. (2) Persons who receive, possess, use, or transfer source material in accordance with the general license in paragraph (1) of this subsection are prohibited from administering source material, or the radiation therefrom, either externally or internally, to humans except as may be authorized by the agency in a specific license.
3. (3) A general license is hereby issued to own source material without regard to quantity. This general license does not authorize any person to receive, possess, use, or transfer source material.
4. (4) A general license is hereby issued to mine, transport, and transfer ores containing source material without regard to quantity. Notwithstanding the provisions of subsection (e) of this section, persons who mine, transport, and transfer ores containing source material in accordance with this part shall also comply with the provisions of 21.301, 21.1001, and 21.1003 of TRCR Part 21 as adopted by reference in §289.113 of this title.
5. (5) A general license is hereby issued to receive, acquire, possess, use, or transfer depleted uranium contained in products or devices for the purpose of providing shielding, including beam shaping and collimation, in accordance with the provisions of subparagraphs (A), (B), (C), and (D) of this paragraph.
  1. (A) The general license in this paragraph applies only to products or devices that have been manufactured either in accordance with a specific license issued by the agency to the manufacturer of the products or devices in accordance with §289.252(h)(12) of this title or in accordance with a specific license issued to the manufacturer by another agreement state or the commission that authorizes manufacture of the products or devices for distribution to persons generally licensed by another agreement state or the commission.
  2. (B) Persons who receive, acquire, possess, or use depleted uranium in accordance with the general license in this paragraph shall notify the agency within 30 days after the first receipt of acquisition of such depleted uranium. The general licensee shall furnish the following information and such other information as may be required by the agency:
    1. (i) name and address of the general licensee;
    2. (ii) a statement that the general licensee has developed and will maintain procedures designed to establish physical control over the depleted uranium in accordance with this paragraph and designed to prevent transfer of such depleted uranium in any form, including metal scrap, to persons not authorized to receive the depleted uranium; and
    3. (iii) name and/or title, address, and telephone number of the individual duly authorized to act for and on behalf of the general licensee in supervising the procedures identified in clause (ii) of this subparagraph.
  3. (C) The general licensee possessing or using depleted uranium in accordance with the general license in this paragraph shall report in writing to the agency any changes in information furnished by the general licensee. The report shall be submitted within 30 days after the effective date of such change.
  4. (D) A person who receives, acquires, possesses, or uses depleted uranium in accordance with the general license in this paragraph:
    1. (i) shall not introduce such depleted uranium, in any form, into a chemical, physical, or metallurgical treatment or process, except a treatment or process for repair or restoration of any plating or other covering of the depleted uranium;
    2. (ii) shall not abandon such depleted uranium;
    3. (iii) shall transfer or dispose of such depleted uranium only in accordance with the provisions of §289.252(p) of this title. In the case where the transferee receives the depleted uranium in accordance with the general license in this paragraph or equivalent rule of the commission or an agreement state, the transferor shall furnish the transferee a copy of this paragraph;
    4. (iv) in each calendar quarter, shall report in writing to the agency the name and address of the person receiving the depleted uranium in accordance with such transfer; and
    5. (v) shall not export such depleted uranium except in accordance with a license issued by the commission in accordance with 10 CFR Part 110.
  5. (E) Any person receiving, acquiring, possessing, using, or transferring depleted uranium in accordance with the general license in this paragraph is exempt from the requirements of §289.113 of this title (relating to Standards for Protection Against Radiation) and §289.114 of this title with respect to the depleted uranium covered by that general license.
(g) General licenses for radioactive material other than source material.
1. (1) Certain devices and equipment. A general license is hereby issued to transfer, receive, acquire, possess, and use radioactive material incorporated in the devices or equipment specified in subparagraphs (A) and (B) of this paragraph that have been manufactured, tested, and labeled by the manufacturer in accordance with a specific license issued to the manufacturer by the commission authorizing distribution in accordance with this general license or its equivalent. A general license is hereby issued to transfer, receive, acquire, possess, and use radioactive material incorporated in the devices or equipment specified in subparagraph (C) of this paragraph that have been manufactured, tested, and labeled by the manufacturer in accordance with a specific license issued to the manufacturer by the commission, an agreement state, or a licensing state authorizing distribution in accordance with this general license or its equivalent. Notwithstanding the provisions of subsection (e) of this section, this general license is subject to the provisions of subsection (d)(1)(B) of this section, and §289.252(p) and (t) of this title.
  1. (A) Static elimination devices designed for use as static eliminators that contain, as a sealed source or sources, radioactive material totaling not more than 500 microcuries of polonium-210 per device. The general license in this subparagraph does not authorize the manufacture of devices containing radioactive material.
  2. (B) Ion generating tubes designed for ionization of air that contain, as a sealed source or sources, radioactive material totaling not more than 500 microcuries of polonium-210 per device or a total of not more than 50 millicuries of tritium per device.
  3. (C) Other devices designed and manufactured for the purpose of producing light or an ionized atmosphere. Any person who receives, possesses, uses, or transfers radioactive material in a device in accordance with the general license in this subparagraph:
    1. (i) shall assure that all labels affixed to the device at the time of receipt, and bearing a statement that removal of the label is prohibited, are maintained thereon, are clearly visible and legible, and shall comply with all instructions and precautions provided by such labels;
    2. (ii) shall assure that the device is tested for leakage of radioactive material and proper operation of the "on-off" mechanism and indicator, if any, at no longer than six-month intervals or at such other intervals as specified in the label; however:
      1. (I) devices containing only krypton need not be tested for leakage of radioactive material; and
      2. (II) devices containing only tritium or not more than 100 microcuries of other beta and/or gamma emitting material or ten microcuries of alpha emitting material and devices held in storage in the original shipping container prior to initial installation need not be tested for any purpose; provided that each source is tested for leakage within six months prior to being used or transferred;
    3. (iii) shall assure that the tests required by clause (ii) of this subparagraph and other testing, installation, servicing, and removal from location of installation involving the radioactive materials, shielding or containment, are performed:
      1. (I) in accordance with the instructions provided by the labels;
      2. (II) in accordance with written instructions provided by the manufacturer as specified in §289.252(h)(4)(C) of this title; or
      3. (III) by a person holding a specific license from the agency, the commission, an agreement state, or a licensing state to perform such activities;
    4. (iv) shall maintain records showing compliance with the requirements of clauses (ii) and (iii) of this subparagraph. The records shall show the test results. The records also shall identify the device tested by manufacturer, model number, serial number of the device and serial number of the sealed source, show the dates of performance and the names of persons performing testing, installation, servicing, and removal from location of installation, of the radioactive material, its shielding or containment;
    5. (v) upon the occurrence of failure or damage to, or any indication of a possible failure or damage to, the radioactive material shielding or the "on-off" mechanism, or upon the detection of 0.005 microcuries or more of removable radioactive contamination, shall immediately suspend operation of the device until it has been repaired by the manufacturer or other person holding a specific license from the agency, the commission, an agreement state, or a licensing state to repair such devices, or disposed of by transfer to a person authorized by a specific license to receive the radioactive material contained in the device and, within 30 days, furnish the agency with a report containing a brief description of the event and the remedial action taken;
    6. (vi) shall not abandon the device containing radioactive material;
    7. (vii) except as provided in clause (viii) of this subparagraph, shall transfer or dispose of the device containing radioactive material only by transfer to a specific licensee of the agency, the commission, an agreement state, or a licensing state, whose specific license authorizes the receipt of the device, and within 30 days after transfer of a device to a specific licensee, shall furnish the agency with a report containing identification of the device by manufacturer's name, model number, serial number of the device and serial number of the sealed source, and address of the person receiving the device;
    8. (viii) shall transfer the device to another general license(e) only:
      1. (I) where the device remains in use at a particular location. In such case, the transferor shall give the transferee a copy of this rule and any safety documents identified in the label on the device and, within 30 days of the transfer, report to the agency the manufacturer's name and model number of device transferred, the serial number of the sealed source transferred, the name and address of the transferee, and the name and/or position of an individual who may constitute a point of contact between the agency and the transferee; or
      2. (II) where the device is stored in the original shipping container at its intended location of use prior to initial use by the holder of a general license acknowledgement; and
    9. (ix) shall submit the written instructions specified in subparagraph (C)(iii)(II) of this paragraph which shall be followed while performing the testing and shall be maintained for inspection by the agency.
2. (2) Luminous safety devices for aircraft.
  1. (A) A general license is hereby issued to receive, acquire, possess, and use tritium or promethium-147 contained in luminous safety devices for use in aircraft, provided:
    1. (i) each device contains not more than ten curies of tritium or 300 millicuries of promethium-147; and
    2. (ii) each device has been manufactured, assembled, or imported in accordance with a specific license issued by the commission, or each device has been manufactured or assembled in accordance with the specifications contained in a specific license issued by the agency or any agreement state to the manufacturer or assembler of such device in accordance with licensing requirements equivalent to those in 10 CFR 32.53.
  2. (B) The general license in subparagraph (A) of this paragraph does not authorize the manufacture, assembly, or repair of luminous safety devices containing tritium or promethium-147.
  3. (C) The general license in subparagraph (A) of this paragraph does not authorize the receipt, acquisition, possession, or use of tritium or promethium-147 contained in instrument dials.
  4. (D) Notwithstanding the provisions of subsection (e) of this section, the general license in subparagraph (A) of this paragraph is subject to the provisions of §289.252(t) of this title.
3. (3) Ownership of radioactive material. A general license is hereby issued to own radioactive material without regard to quantity. Notwithstanding any other provisions of this section, this general license does not authorize the manufacture, production, transfer, receipt, possession, or use of radioactive material.
4. (4) Calibration, stabilization, and reference sources.
  1. (A) A general license is hereby issued to those persons listed below to receive, acquire, possess, use, and transfer, in accordance with the provisions of subparagraphs (B) and (C) of this paragraph, americium-241, plutonium, and/or radium-226, in the form of calibration, stabilization, or reference sources:
    1. (i) any person who holds a specific license issued by the agency that authorizes that person to receive, possess, use, and transfer radioactive material; and
    2. (ii) any person who holds a specific license issued by the Commission that authorizes that person to receive, possess, use, and transfer radioactive material.
  2. (B) The general license in subparagraph (A) of this paragraph applies only to calibration, stabilization, or reference sources that have been manufactured in accordance with the specifications contained in a specific license issued to the manufacturer or importer of the sources by the commission in accordance with 10 CFR 32.57 or 10 CFR 70.39 or that have been manufactured in accordance with the authorizations contained in a specific license issued to the manufacturer by the agency, any agreement state, or any licensing state, in accordance with licensing requirements equivalent to those contained in 10 CFR 32.57 or 10 CFR 70.39.
  3. (C) Notwithstanding the provisions of subsection (e) of this section, the general license provided in subparagraph (A) of this paragraph is subject to the provisions of §289.252(t) of this title. In addition, persons who receive, acquire, possess, use, or transfer one or more calibration or reference sources in accordance with these general licenses:
    1. (i) shall not possess at any one time, at any one location of storage or use, more than 5 microcuries each of americium-241, plutonium-238, plutonium-239, and radium-226 in such sources;
    2. (ii) shall not receive, possess, use, or transfer such source unless the source or the storage container bears a label that includes the following statements, or a substantially similar statement that contains the information in the following statements:
      1. (I) option 1, as appropriate:
(h) Intrastate transportation of radioactive material.
1. (1) A general license is hereby issued to any common or contract carrier to transport and store radioactive material in the regular course of their carriage for another or storage incident thereto, provided the transportation and storage is in accordance with the applicable requirements of the regulations, appropriate to the mode of transport, of the United States Department of Transportation (DOT) insofar as such regulations relate to the loading and storage of packages, placarding of the transporting vehicle, and incident reporting. Any notification of incidents referred to in those requirements shall be filed with the agency and the DOT. Persons who transport and store radioactive material in accordance with the general license in this paragraph are exempt from the requirements of §289.113 of this title and 289. 114 of this title (relating to Notices, Instructions, and Reports to Workers; Inspections).
2. (2) A general license is hereby issued to any private carrier to transport radioactive material, provided the transportation is in accordance with the applicable requirements of the regulations, appropriate to the mode of transport, of the DOT insofar as such regulations relate to the loading and storage of packages, placarding of the transporting vehicle, and incident reporting. Any notification of incidents referred to in those requirements shall be filed with the agency and the DOT.
(i) General license acknowledgements. In addition to the requirements of this section, all general license acknowledgement holders, unless otherwise specified, are subject to the requirements of §§289.112, 289.126, and 289. 201 of this title, and 21.1201(a), (b), (c), and (d), 21.1202(a), (b), (c), and (d) of TRCR Part 21 as adopted by reference in §289.113 of this title, and §289.252(r) of this title.
(j) General license acknowledgements for radioactive material other than source material.
1. (1) Certain measuring, gauging, and controlling devices.
  1. (A) A general license is hereby issued to commercial and industrial firms and to research, educational, and medical institutions, individuals in the conduct of their business, and state or local government agencies to receive, acquire, possess, use, or transfer in accordance with the provisions of subparagraphs (B), (C), (D), and (E) of this paragraph, radioactive material, excluding special nuclear material, contained in devices designed and manufactured for the purpose of detecting, measuring, gauging or controlling thickness, density, level, interface location, radiation, leakage, or qualitative or quantitative chemical composition.
  2. (B) The general license in subparagraph (A) of this paragraph applies only to radioactive material contained in devices that have been manufactured and labeled in accordance with the authorizations contained in a specific license issued by the agency in accordance with §289.252(h)(4) of this title or in accordance with the authorizations contained in a specific license issued by the commission, an agreement state, or a licensing state, which authorizes distribution of devices to persons generally licensed by the commission, an agreement state, or a licensing state.
  3. (C) Within 30 days following the receipt, acquisition, or possession of radioactive material in a device, except for calibration, stabilization, and reference sources, issued in accordance with the general license in subparagraph (A) of this paragraph, the general licensee shall file an application for an acknowledgement on a form prescribed by the agency. The application shall be signed by the individual duly authorized to act for or on behalf of the general licensee.
  4. (D) Each application shall be accompanied by TRC Form 12-2.
  5. (E) Any person who receives, acquires, possesses, uses, or transfers radioactive material in a device in accordance with the general license in subparagraph (A) of this paragraph:
    1. (i) shall assure that all labels affixed to the device at the time of receipt, and bearing a statement that removal of the label is prohibited, are maintained thereon, are clearly visible and legible, and shall comply with all instructions and precautions provided by such labels;
    2. (ii) shall assure that the device is tested for leakage of radioactive material and proper operation of the "on-off" mechanism and indicator, if any, at no longer than six-month intervals or at such other intervals as specified in the label; however:
      1. (I) devices containing only krypton need not be tested for leakage of radioactive material; and
      2. (II) devices containing only tritium or not more than 100 microcuries of other beta and/or gamma emitting material or ten microcuries of alpha emitting material and devices held in storage in the original shipping container prior to initial installation need not be tested for any purpose, provided that each source is tested for leakage within six months prior to being used or transferred;
    3. (iii) shall assure that the tests required by clause (ii) of this subparagraph and other testing, installation (removal of the manufacturer's lock and initial alignment of the radiation beam), servicing, and removal from location of installation involving the radioactive materials, shielding or containment, are performed:
      1. (I) in accordance with the instructions provided by the labels;
      2. (II) in accordance with written instructions provided by the manufacturer as specified in §289.252(h)(4)(C) of this title; or
      3. (III) by a person holding a specific license from the agency, the commission, an agreement state, or a licensing state to perform such activities;
    4. (iv) shall maintain records showing compliance with the requirements of clauses (ii) and (iii) of this subparagraph. The records shall show the test results. The records also shall identify the device tested by manufacturer, model number, serial number of the device and serial number of the sealed source, and show the dates of performance of and the names of persons performing testing, installation, servicing, and removal from location of installation, of the radioactive material, its shielding or containment;
    5. (v) shall maintain assignment records for portable or mobile devices for inspection by the agency at the location listed in the general license acknowledgement. These records shall include:
      1. (I) a unique identification (e.g. serial number) of each portable or mobile device;
      2. (II) the location(s) where each portable or mobile device is assigned; and
      3. (III) the date(s) each portable or mobile device is assigned to the location(s) in accordance with subclause (II) of this clause.
    6. (vi) shall maintain utilization records for each portable or mobile device used at the location(s) in accordance with clause (v)(II) of this subparagraph for inspection by the agency at that location(s);
    7. (vii) shall have a copy of the appropriate operating and instruction manual at each temporary site for agency inspection;
    8. (viii) upon the occurrence of failure or damage to, or any indication of a possible failure or damage to, the radioactive material shielding or the "on-off" mechanism, or upon the detection of 0.005 microcuries or more of removable radioactive contamination, shall immediately suspend operation of the device until it has been repaired by the manufacturer or other person holding a specific license from the agency, the commission, an agreement state, or a licensing state to repair such devices, or disposed of by transfer to a person authorized by a specific license to receive the radioactive material contained in the device and, within 30 days, furnish the agency with a report containing a brief description of the event and the remedial action taken;
    9. (ix) shall not abandon the device containing radioactive material;
    10. (x) except as provided in clause (xi) of this subparagraph, shall transfer or dispose of the device containing radioactive material only by transfer to a person holding a specific license issued by the agency in accordance with §289.252(h)(4) of this title, or an equivalent specific license issued by the commission, an agreement state, or a licensing state, whose specific license authorizes the receipt of the device, or as otherwise authorized by the agency in writing, and within 30 days after transfer of a device to a specific licensee, shall furnish the agency with a report containing identification of the device by manufacturer's name, model number, serial number of the device and serial number of the sealed source, and address of the person receiving the device (except when the device is temporarily transferred to the specific licensee for repair of the device); and
    11. (xi) shall transfer the device to another general license(e) only:
      1. (I) where the device remains in use at a particular location. In such case, the transferor shall give the transferee a copy of this rule and any safety documents identified in the label on the device and, within 30 days of the transfer, report to the agency the manufacturer's name and model number of device transferred, the serial number of the sealed source transferred, the name and address of the transferee, and the name and/or position of an individual who may constitute a point of contact between the agency and the transferee, or
      2. (II) where the device is stored in the original shipping container at its intended location of use prior to initial use by the holder of a general license acknowledgement.
  6. (F) The general license in subparagraph (A) of this paragraph does not authorize the manufacture of devices containing radioactive material.
  7. (G) The written instructions specified in subparagraph (E)(iii)(II) of this paragraph shall be followed while performing the testing and shall be maintained for inspection by the agency.
2. (2) General license acknowledgements for use of radioactive material for certain in vitro clinical or laboratory testing. (The New Drug provisions of the Federal Food, Drug, and Cosmetic Act also govern the availability and use of any specific diagnostic drugs in interstate commerce.)
  1. (A) A general license is hereby issued to any physician, veterinarian, clinical laboratory, or hospital to receive, acquire, possess, transfer, or use, for any of the following stated tests, in accordance with the provisions of subparagraphs (B), (C), and (D) of this paragraph, the following radioactive materials in prepackaged units:
    1. (i) iodine-125, in units not exceeding ten microcuries each for use in in vitro clinical or laboratory tests not involving internal or external administration of radioactive material, or the radiation therefrom, to humans or animals;
    2. (ii) iodine-131, in units not exceeding ten microcuries each for use in in vitro clinical or laboratory tests not involving internal or external administration of radioactive material, or the radiation therefrom, to humans or animals;
    3. (iii) carbon-14, in units not exceeding ten microcuries each for use in in vitro clinical or laboratory tests not involving internal or external administration of radioactive material, or the radiation therefrom, to humans or animals;
    4. (iv) hydrogen-3 (tritium), in units not exceeding 50 microcuries each for use in in vitro clinical or laboratory tests not involving internal or external administration of radioactive material, or the radiation therefrom, to humans or animals;
    5. (v) iron-59, in units not exceeding 20 microcuries each for use in in vitro clinical or laboratory tests not involving internal or external administration of radioactive material, or the radiation therefrom, to humans or animals;
    6. (vi) selenium-75, in units not to exceed ten microcuries each for use in in vitro clinical or laboratory tests not involving internal or external administration of radioactive material, or the radiation therefrom, to humans or animals;
    7. (vii) mock iodine-125 reference or calibration sources, in units not exceeding 0.05 microcurie of iodine-129 and 0.005 microcurie of americium-241 each for use in in vitro clinical or laboratory tests not involving internal or external administration of radioactive material, or the radiation therefrom, to humans or animals; or
    8. (viii) cobalt-57, in units not exceeding ten microcuries each for use in in vitro clinical or laboratory tests not involving internal or external administration of radioactive material, or the radiation therefrom, to humans or animals.
  2. (B) No person shall receive, acquire, possess, use, or transfer radioactive material in accordance with the general license in subparagraph (A) of this paragraph until that person has filed an application for an acknowledgement on a form prescribed by the agency and has received from the agency an acknowledgement with an assigned number. The applicant shall furnish the following information and such other information as may be required by the agency:
    1. (i) name and address of the physician, veterinarian, clinical laboratory, or hospital;
    2. (ii) the location of use;
    3. (iii) a statement that the physician, veterinarian, clinical laboratory, or hospital has appropriate radiation measuring instruments to carry out in vitro clinical or laboratory tests with radioactive material as authorized in accordance with the general license in subparagraph (A) of this paragraph, and that such tests will be performed only by personnel trained specifically in the use of such instruments and in the handling of the radioactive material;
    4. (iv) name, title, address, and telephone number of the individual duly authorized to act for and on behalf of the general licensee supervising the use of radioactive material authorized by subparagraph (A) of this paragraph; and
    5. (v) TRC Form 12-2.
  3. (C) A person who receives, acquires, possesses, or uses radioactive material in accordance with the general license in subparagraph (A) of this paragraph shall comply with the following.
    1. (i) The holder of the general license acknowledgement shall not possess at any one time, at any one location of storage or use, a total amount of iodine-125, iodine-131, selenium-75, iron-59, and/or cobalt-57 in excess of 200 microcuries.
    2. (ii) The holder of the general license acknowledgement shall store the radioactive material in the original shipping container or in a container providing equivalent radiation protection and meeting the requirements of 21. 904 of TRCR Part 21 as adopted by reference in §289.113 of this title until used.
    3. (iii) The holder of the general license acknowledgement shall use the radioactive material only for the uses authorized by subparagraph (A) of this paragraph.
    4. (iv) The holder of the general license acknowledgement shall not transfer the radioactive material to a person who is not authorized to receive it in accordance with a specific license issued by the agency, the commission, any agreement state, or any licensing state, nor transfer the radioactive material in any manner other than in the unopened, labeled shipping container as received from the supplier.
    5. (v) The holder of the general license acknowledgement shall dispose of the mock iodine-125 reference or calibration sources described in subparagraph (A)(vii) of this paragraph as required by 21.1001 of TRCR Part 21 as adopted by reference in §289.113 of this title.
  4. (D) The holder of the general license acknowledgement in accordance with the general license in subparagraph (A) of this paragraph shall not receive, acquire, possess, or use radioactive material:
    1. (i) except as prepackaged units that are labeled in accordance with the provisions of an applicable specific license issued in accordance with §289.252(h)(8) of this title or in accordance with the provisions of a specific license issued by the commission, any agreement state, or any licensing state that authorizes the manufacture and distribution of iodine-125, iodine-131, carbon-14, hydrogen-3 (tritium), iron-59, selenium-75, cobalt-57, or mock iodine-125 to persons holding general license acknowledgements in accordance with this paragraph or its equivalent; and
    2. (ii) unless one of the statements in the following figures, as appropriate, or a substantially similar statement that contains the information called for in one of the following statements, appears on a label affixed to each prepackaged unit or appears in a leaflet or brochure that accompanies the package:
      1. (I) option 1, as appropriate: "This radioactive material shall be received, acquired, possessed, and used only by physicians, veterinarians, clinical laboratories, or hospitals and only for in vitro clinical or laboratory tests not involving internal or external administration of the material, or the radiation therefrom, to human beings or animals. Its receipt, acquisition, possession, use, and transfer are subject to the regulations and a general license of the commission or of a state with which the commission has entered into an agreement for the exercise of regulatory authority. __________ Name of Manufacturer"; or
      2. (II) option 2, as appropriate: "This radioactive material shall be received, acquired, possessed, and used only by physicians, veterinarians, clinical laboratories, or hospitals and only for in vitro clinical or laboratory tests not involving internal or external administration of the material, or the radiation therefrom, to human beings or animals. Its receipt, acquisition, possession, use, and transfer are subject to the rules and a general license of a licensing state. __________ Name of Manufacturer."
(k) Issuance of general license acknowledgements.
1. (1) Upon a determination that the information submitted by the applicant meets the requirements of the Texas Radiation Control Act (Act) and the rules of the agency, the agency will issue a general license acknowledgement recognizing the proposed activity in such form and containing such conditions and limitations as it deems appropriate or necessary.
2. (2) The agency may incorporate in any general license acknowledgement at the time of issuance, or thereafter by amendment, additional requirements and conditions governing the receipt, possession, use, transfer, and disposal of radioactive material subject to this section as it deems appropriate or necessary in order to:
  1. (A) minimize danger to public health and safety or the environment;
  2. (B) require such reports and the keeping of such records, and to provide for such inspections of activities in accordance with the license as may be appropriate or necessary; and
  3. (C) prevent loss or theft of material subject to this section.
(l) Specific terms and conditions.
1. (1) Each general license acknowledgement issued in accordance with this section shall be subject to the applicable provisions of the Act, now or hereafter in effect, and to the applicable rules and orders of the agency.
2. (2) Each person holding a general license acknowledgement issued by the agency in accordance with this section shall confine use and possession of the material licensed to the locations and purpose authorized in the general license acknowledgement.
3. (3) Each holder of a general license acknowledgement shall notify the agency, in writing, immediately following the filing of a voluntary or involuntary petition for bankruptcy in accordance with any Chapters of Title 11 (Bankruptcy) of the United States Code (11 U.S.C.) by or against:
  1. (A) a holder of a general license acknowledgement;
  2. (B) an entity, (as that term is defined in 11 U.S.C. 101(14)) controlling the holder of a general license acknowledgement or listing the general license acknowledgement or the holder of the general license acknowledgement as property of the estate; or
  3. (C) an affiliate, (as that term is defined in 11 U.S.C. 101(2)) of the holder of a general license acknowledgement.
4. (4) The notification in paragraph (3) of this subsection must indicate:
  1. (A) the bankruptcy court in which the petition for bankruptcy was filed; and
  2. (B) the date of the filing of the petition.
5. (5) A copy of the "Petition for Bankruptcy" shall be submitted to the agency with the written notification.
(m) Expiration and termination of general license acknowledgements.
1. (1) Each general license acknowledgement expires at the end of the day, in the month and year stated in the general license acknowledgement.
2. (2) Each holder of a general license acknowledgement shall notify the agency immediately, in writing, and request termination of the general license acknowledgement when the holder of the general license acknowledgement decides to terminate all activities involving materials specified in the general license acknowledgement.
3. (3) No less than 30 days before the expiration date specified in a general license acknowledgement, the holder of the general license acknowledgement shall submit an application for general license acknowledgement renewal in accordance with subsection (n) of this section.
4. (4) Each holder of a general license acknowledgement shall, no less than 30 days before vacating or relinquishing possession of control of premises that have been used as a place of storage or use of radioactive material as a result of general licensed activities, notify the agency in writing of intent to vacate.
5. (5) If a holder of a general license acknowledgement does not submit an application for renewal in accordance with subsection (n) of this section, such person shall on or before the expiration date specified in the general license acknowledgement:
  1. (A) terminate use of radioactive material; and
  2. (B) dispose of radioactive material in accordance with this section and/or 21.1001 of TRCR Part 21 as adopted by reference in §289.113 of this title.
(n) Renewal of general license acknowledgements.
1. (1) Applications for renewal of general license acknowledgements shall be filed in accordance with subsection (j)(1)(C) or (2)(B) of this section, as applicable.
2. (2) If a holder of a general license acknowledgement has properly filed a renewal application for the same activities at least 30 days before the expiration of the existing general license acknowledgement in accordance with this section, such existing general license acknowledgement shall not expire until the application has been finally determined by the agency.
(o) Amendment of general license acknowledgements.
1. (1) The holder of the general license acknowledgement in accordance with the general license in subsection (j)(1)(A) and (2)(A) of this section shall report in writing to the agency any changes in information furnished by the holder of the general license acknowledgement. The report shall be submitted within 30 days after the effective date of such change.
2. (2) Applications for amendments of a general license acknowledgement shall be filed in accordance with subsection (j)(1)(C) or (2)(B) of this section, as applicable, and shall specify the respects in which the holder of a general license acknowledgement desires a general license acknowledgement to be amended.
(p) Modification and revocation of general licenses and general license acknowledgements.
1. (1) The terms and conditions of all general license acknowledgements shall be subject to amendment, revision, or modification.
2. (2) A general license acknowledgement may be suspended or revoked by reason of amendments to the Act, or by reason of rules and orders issued by the agency. The agency may incorporate in the general license acknowledgement at the time of issuance or thereafter by appropriate rule, regulation, or order, such additional requirements and conditions with respect to the general license acknowledgement holder's possession, use, and transfer of radioactive material as it deems appropriate or necessary.
3. (3) Any general license acknowledgement may be revoked, suspended, or modified, in whole or in part:
  1. (A) for any material false statement in the application or any statement of fact required in accordance with provisions of the Act;
  2. (B) because of the Act;
  3. (C) because of conditions revealed by such application or statement of fact or any report, record, or inspection, or other means that would warrant the agency to refuse to grant a general license acknowledgement on an original application;
  4. (D) for violation of, or failure to observe, any of the terms and conditions of the Act or of the general license acknowledgement; or
  5. (E) of any rule or order of the agency.
4. (4) Except in cases of willfulness or those in which the public health, interest, or safety requires otherwise, no general license acknowledgement shall be modified, suspended, or revoked unless, prior to the institution of proceedings therefore, facts or conduct that may warrant such action shall have been called to the attention of the holder of the general license acknowledgement in accordance with §289.112 of this title and the holder of the general license acknowledgement has an opportunity to demonstrate or achieve compliance with all lawful requirements.
(q) Appendices.
1. (1) Exempt concentrations.

Source Note:The provisions of this §289.251 adopted to be effective October 1, 1995, 20 TexReg 6435.