Table 1 Exemptions

Table 1-A. Radioactive Materials

  • Item (a) Exempt concentrations.
    • (1) Except as provided in paragraph (2) of this item, any person is exempt from the requirements of this Part to the extent that such person transfers, receives, possesses or uses products or materials containing radioactive material in concentrations not in excess of those listed in Table 2 of this Appendix.
    • (2) No person may introduce radioactive material into a product or material knowing or having reason to believe that it will be transferred to persons exempt under paragraph (1) of this item or equivalent regulations of the United States Nuclear Regulatory Commission or any agreement State, except in accordance with specific license issued by the department or a similar license issued by the State Department of Labor, the New York City Department of Health, the United States Nuclear Regulatory Commission, any agreement State or the general license provided in item (h) of Table 6 of this Appendix.
  • Item (b) Exempt quantities.1

1Authority to transfer possession or control by the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing byproduct material or source 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, D.C. 20555.

    • (1) Except as provided in paragraphs (2) and (3) of this item, any person is exempt from the requirements of this Part to the extent that such person transfers, receives, possesses or uses radioactive material in individual quantities each of which does not exceed the applicable quantity set forth in Table 3 of this Appendix.
    • (2) Any person who possesses radioactive material received prior to July 1, 1973, under the exemption formerly provided in section 16.101 of this Part is exempt from the requirements of this Part to the extent that such person transfers, receives, possesses or uses such radioactive material.
    • (3) No person may, for purposes of commercial distribution, transfer radioactive material in the individual quantities set forth in Table 3 of this Appendix, knowing or having reason to believe that such quantities of radioactive material will be transferred to persons exempt under paragraph (1) of this item or equivalent regulations of the State Department of Labor, the New York City Department of Health, the United States Nuclear Regulatory Commission or any agreement State, except in accordance with a specific license issued by the department or a similar license issued by the State Department of Labor, the New York City Department of Health, the United States Nuclear Regulatory Commission or any agreement State pursuant to licensing requirements equivalent to this in section 32.18 of 10 CFR Part 32 of the regulations of the United States Nuclear Regulatory Commission which license states that the radioactive material may be transferred to persons exempt under paragraph (1) or the equivalent regulations of the United States Nuclear Regulatory Commission or any agreement State.
    • (4) This subdivision 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.
  • Item (c) Certain items containing radioactive material. Except for person who apply radioactive material to, or persons who incorporated radioactive material into, the following products, any person is exempt from the requirements of this Part to the extent that he transfers, receives, possesses or uses the following products:
    • (1) timepieces or timepiece hands or dials containing radium which were manufactured prior to July 1, 1973.
    • (2) timepieces or timepiece hands or dials containing radium which were manufactured under a specific license issued by the department, the State Department of Labor or any agreement State and which meet the following or equivalent conditions:
      • (i) timepieces or timepiece hands or dials containing not more than the following specified quantities of radium:
        • (a) 0.15 microcurie per watch;
        • (b) 0.03 microcurie per watch hand;
        • (c) 0.09 microcurie per watch dial;
        • (d) 0.20 microcurie per clock;
        • (e) 0.04 microcurie per clock hand;
        • (f) 0.12 microcurie per clock dial.
      • (ii) the timepiece is not a pocket watch;
      • (iii) the timepiece is marked or coded to identify the date of manufacture and that it contains radium;
      • (iv) the timepiece emits sufficient luminosity, omitting photoactivation, that its dial can be read in the dark during its entire design lifetime.
    • (3) timepieces or timepiece hands or dial containing not more than the following specified quantities of radioactive material and not exceeding the following specified levels of radiation.
      • (i) 25 millicuries of Hydrogen 3 per timepiece;
      • (ii) five millicuries of Hydrogen 3 per hand;
      • (iii) 15 millicuries of Hydrogen 3 per dial (bezels when used shall be considered as part of the dial);
      • (iv) 100 microcuries of Promethium 147 per watch or 200 microcuries of Promethium 147 per any other timepiece;
      • (v) 20 microcuries of Promethium 147 per watch hand or 40 microcuries of Promethium 147 per other timepiece hand;
      • (vi) 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);
      • (vii) the levels of radiation from hands and dials containing Promethium 147 will not exceed, when measured through 50 milligrams per square centimeter of absorber:
        • (a) for wrist watches, 0.1 millirad per hour at 10 centimeters from any surface;
        • (b) for pocket watches, 0.1 millirad per hour at one centimeter from any surface;
        • (c) For any other timepiece, 0.2 millirad per hour at 10 centimeters from any surface.
    • (4) Lock illuminators containing not more than 15 millicuries of Hydrogen 3 or not more than two millicuries of Promethium 147 installed in automobile locks. The levels of radiation from each lock illuminator containing Promethium 147 will exceed one millirad per hour at one centimeter from any surface when measured through 50 milligrams per square centimeter of absorber.
    • (5) Balances of precision containing not more than one millicurie of Hydrogen 3 per balance or not more than 0.5 millicurie of Hydrogen 3 per balance part.
    • (6) Automobile shift quadrants containing not more than 25 millicuries of Hydrogen 3.
    • (7) Marine compasses containing not more than 750 millicuries of Hydrogen 3 gas and other marine navigational instruments containing not more than 250 millicuries of Hydrogen 3 gas.
    • (8) Thermostat dials and pointers containing not more than 25 millicuries of Hydrogen 3 per thermostat.
    • (9) Electron tubes, provided, that each tube does not contain more than one of the following specified quantities of radioactive material:
      • (i) 150 millicuries of Hydrogen 3 per microwave receiver protector tube or 10 millicuries of Hydrogen 3 per any other electron tube;
      • (ii) one microcurie of Cobalt 60;
      • (iii) five microcuries of Nickel 63;
      • (iv) 30 microcuries of Krypton 85;
      • (v) five microcuries of Cesium 137;
      • (vi) 30 microcuries of Promethium 147;
  • and provided further, that the level of radiation due to radioactive material contained in each electron tube does not exceed one millirad per hour at one centimeter from any surface when measured through seven milligrams per square centimeter of absorber.2

2 For purposes of this paragraph "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 that is designed to conduct or control electrical currents.

  • Item (d) Resins containing Scandium 46 and designed for sand consolidation in oil wells. Any person is exempt from the requirements of this Part to the extent that such person transfers, receives, possesses or uses 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 United States Nuclear Regulatory Commission, or shall have been manufactured in accordance with the specifications contained in a specific license issued by the department, the State Department of Labor, on any agreement State to the manufacturer of such resins pursuant to licensing requirements equivalent to those in sections 32.16 and 32.17 of 10 CFR Part 32 of the regulations of the United States Nuclear Regulatory Commission. This exemption does not authorize the manufacture of any resins containing Scandium 46.
  • Item (e) Gas and aerosol detectors containing radioactive material. Except for persons who manufacture, process or produce gas and aerosol detectors containing radioactive material, any person is exempt from the requirements of this Part to the extent that such person transfers, receives, possesses or uses radioactive material in gas or aerosol detectors designed to protect life or property from fires and airborne hazards provided that detectors containing radioactive material shall have been manufactured, imported or transferred in accordance with a specific license issued by the United States Nuclear Regulatory Commission3, or shall have been manufactured or transferred in accordance with the specifications contained in a specific license issued by the department, the State Department of Labor, the New York City Department of Health, or any agreement State to the manufacturer of such gas and aerosol detectors pursuant to licensing requirements equivalent to those in section 32.26 of 10 CFR Part 32 which license authorizes the transfer of the detectors to persons who are exempt from regulatory requirements.

3Authority to transfer possession or control by the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing byproduct material or source material whose subsequent possession, use, transfer, and disposal by all other persons are exempted from regulatory requirement may be obtained only from the United States Nuclear Regulatory Commission, Washington, D.C. 20555.

  • Item (f) Self-luminous products containing Hydrogen 3, Krypton 85, or Promethium 147. Except for persons who manufacture, process or produce self-luminous products containing Hydrogen 3, Krypton 85, or Promethium 147, any person is exempt from the requirements of this Part to the extent that such person transfer, receives, possesses or uses Hydrogen 3, Krypton 85, or Promethium 147 in self-luminous products manufactured, processed, produced, imported or transferred in accordance with a specific license issued by the United State Nuclear Regulatory Commission pursuant to section 32.22 of 10 CFR Part 32, which license authorizes the transfer of the product to persons who are exempt from regulatory requirements. The exemption in this item does not apply to Hydrogen 3, Krypton 85, or Promethium 147 used in products for frivolous purposes or in toys or adornments.
  • Item (g) Any person is exempt from the requirements of this part to the extent that such person transfers, receives, possesses or uses source material in any chemical mixture, compound, solution or alloy in which the source material is by weight less than 1/20 of one percent (0.05 percent) of the mixture, compound, solution, or alloy.
  • Item (h) Any person is exempt from the requirements of this Part to the extent that such person transfers, receives, possesses, or uses 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.
  • Item (i) Any person is exempt from the requirements of this Part to the extent that such person transfers, receives, possesses or uses:
    • (1) Any quantities of thorium contained in (i) incandescent gas mantles, (ii) vacuum tubes, (iii) welding rods, (iv) electric lamps for illuminating purposes provided that each lamp does not contain more than 50 milligrams of thorium, (v) germicidal lamps, sunlamps, and lamps for outdoor or industrial lighting provided that each lamp does not contain more than two grams of thorium, or (vi) rare earth metals and compounds, mixtures, and products containing not more than 0.25 percent by weight thorium, uranium, or any combination of these or (vii) personnel neutron dosimeters, provided that each dosimeter does not contain more than 50 milligrams thorium.
    • (2) Source material contained in the following products:
      • (i) glazed ceramic tableware, provided that the glaze contains not more than 20 percent by weight source material;
      • (ii) piezoelectric ceramic containing not more than two percent by weight source material;
      • (iii) glassware containing not more than 10 percent by weight source material; but not including commercially manufactured glass brick, pane glass, ceramic tile or other glass, glass enamel or ceramic used in construction;
      • (iv) glass enamel or glass enamel frit containing not more than 10 percent 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.
    • (3) Photographic film, negatives, and prints containing uranium or thorium.
    • (4) Any finished product or part fabricated of, or containing, tungsten-thorium or magnesium-thorium alloys; provided that the thorium content of the alloy does not exceed four percent by weight and that the exemption contained in this paragraph shall not be deemed to authorize the chemical, physical, or metallurgical treatment or processing of any such product or part.
    • (5) Uranium contained in counterweights installed in aircraft, rockets, projectiles, or missiles, or stored or handled in connection with installation or removal of such counterweights; provided that:
      • (i) the counterweights are manufactured in accordance with specific license issued by the department, the New York State Department of Labor, the New York City Department of Health, the United States Nuclear Regulatory Commission or any agreement State authorizing distribution by the licensee pursuant to this subparagraph or equivalent regulations of the United States Nuclear Regulatory Commission or any agreement State;
      • (ii) each counterweight has been impressed with the following legend clearly legible through any plating or other covering: "DEPLETED URANIUM";
      • (iii) each counterweight is durably and legibly labeled or marked with the identification of the manufacturer and the statement: "UNAUTHORIZED ALTERATIONS PROHIBITED"4; and

  • 4The requirements specified in subparagraph (ii) and (iii) of this paragraph 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 Part.

      • (iv) the exemption contained in this paragraph 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 or other covering.
    • (6) Natural or depleted uranium metal used as shielding constituting part of any shipping container provided that:
      • (i) The shipping container is conspicuously and legibly impressed with the legend "CAUTION-RADIOACTIVE SHIELDING-URANIUM;" and
      • (ii) The uranium is encased in mild steel or equally fire resistant metal of minimum wall thickness of one-eighth inch (3.2mm).
    • (7) Thorium contained in finished optical lenses, provided that each lens does not contain more than 30 percent by weight of thorium; and that the exemption contained in this paragraph shall not be deemed to authorize either:
      • (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
      • (ii) the transfer, receipt, possession or use of thorium contained in contact lenses, or in spectacles, or in eyepieces in binoculars or other optical instruments.
    • (8) 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.
    • (9) Thorium contained in any finished aircraft engine part containing nickel-thoria alloy, provided that:
      • (i) the thorium is dispersed in the nickel-thoria alloy in the form of finely divided thoria (thorium dioxide); and
      • (ii) the thorium content in the nickel-thoria alloy does not exceed four percent by weight.
    • The exemptions in this paragraph do not authorize the manufacturer of any of the products described.
    • (10) Ionizing radiation measuring instruments containing, for purposes of internal calibration or standardization, one or more sources of radioactive material provided that:
      • (i) each source contains no more than one exempt quantity set forth in Appendix 16-A, Table 3; and
      • (ii) each instrument contains no more than ten exempt quantities. For purposes of this requirement, an instrument's source(s) may contain either one type or different types of radionuclides and an individual exempt quantity may be composed of fractional parts of one or more of the exempt quantities in Appendix 16-A, Table 3, provided that the sum of such fractions shall not exceed unity.
      • (iii) For purposes of this paragraph (iii), 0.05 FCi Americium is considered an exempt quantity under Appendix 16-A, Table 3.
    • (11) Spark gap irradiators containing more than 1 FCi of Colbalt 60 per spark gap irradiator for use in electrically ignited fuel oil burners having a firing rate of at least three gallons (11.4 liters) per hour.
      • NOTE: The exemptions in Item (i) do not authorize the manufacture of any of the products described.

Table 1-B. Radiation Equipment

  • Item (a) Radiation equipment constructed so that it cannot emit radiation at a level greater than 0.5 milliroentgen per hour, measured two inches or five centimeters from the surface, and averaged over an area of 1.55 square inches or 10 square centimeters is exempt from the requirements of this Part; provided, however, that such exemption shall not apply to the testing or servicing of such equipment during its production.
  • Item (b) Radiation equipment during its storage, shipment, retail sale or other similar use during which such equipment is not connected to a voltage source and does not emit radiation is exempt from the requirements of this Part.