Section He-P 4030.02 - Exemptions, Source Material(a) Any person shall be exempt from He-P 4030 to the extent that such person receives, possesses, uses, owns, transfers, or delivers source material in any chemical mixture, compound, solution, or alloy in which the source material is by weight less than 1/20 of 1 percent (0.05 percent) of the mixture, compound, solution, or alloy.(b) Any person shall be exempt from He-P 4030 to the extent that such person receives, possesses, uses, or transfers unrefined and unprocessed ore containing source material.(c) Any person shall be exempt from He-P 4030 to the extent that such person receives, possesses, uses, or transfers: (1) Any quantities of thorium contained in: a. Incandescent gas mantles;d. Electric lamps for illuminating purposes provided that each lamp shall not contain more than 50 milligrams of thorium;e. Germicidal lamps, sunlamps, and lamps for outdoor or industrial lighting provided that each lamp shall not contain more than 2 grams of thorium;f. Rare earth metals and compounds, mixtures, and products containing not more than 0.25 percent by weight thorium, uranium, or any combination of these; org. Personnel neutron dosimeters, provided that each dosimeter shall not contain more than 50 milligrams of thorium;(2) Source material contained in the following products: a. Glazed ceramic tableware, provided that the glaze shall not contain more than 20 percent by weight source material;b. Glassware, containing not more than 2 percent by weight source material, but not including glass enamel or ceramic used in construction; orc. Piezoelectric ceramic containing not more than 2 percent by weight source material.(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 shall not exceed 4 percent by weight and that this exemption 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, and missiles, or stored or handled in connection with installation or removal of such counterweights, provided that: a. The counterweights are manufactured in accordance with a specific license issued by the U.S. Nuclear Regulatory Commission, authorizing distribution by the licensee pursuant to 10 CFR Part 40;b. Each counterweight has been impressed with the following legend clearly legible through any plating or other covering: "DEPLETED URANIUM";c. Each counterweight is durably and legibly labeled or marked with the identification of the manufacturer and the statement: "UNAUTHORIZED ALTERATIONS PROHIBITED";d. This exemption shall not authorize the chemical, physical, or metallurgical treatment or processing of any such counterweights other than repair or restoration of any plating or other covering; ande. For counterweights manufactured prior to December 31, 1969, the requirements specified in He-P 4030.02(c) (5) b. and c. shall be met if such counterweights are impressed with the legend: "CAUTION - RADIOACTIVE MATERIAL - URANIUM";(6) Natural or depleted uranium metal used as shielding constituting part of any shipping container, provided that: a. The shipping container is conspicuously and legibly impressed with the legend: "CAUTION - RADIOACTIVE SHIELDING - URANIUM"; andb. The uranium metal is encased in mild steel or equally fire resistant metal of minimum wall thickness of 1/8 inch (3.2 mm);(7) Thorium contained in finished optical lenses and mirrors, provided that each lens or mirror does not contain more than 10 percent by weight of thorium, and does not include: a. The shaping, grinding, or polishing of such lens, mirror, or manufacturing processes other than the assembly of such lens or mirror into optical systems and devices without any alteration of the lens or mirror; orb. The receipt, possession, use, or transfer of uranium or thorium contained in contact lenses, in spectacles, or in eyepieces in binoculars or other optical instruments; or(8) Thorium contained in any finished aircraft engine part containing nickel-thoria alloy, provided that: a. The thorium shall be dispersed in the nickel-thoria alloy in the form of finely divided thoria such as thorium dioxide; andb. The thorium content in the nickel-thoria alloy shall not exceed 4 percent by weight. (d) The exemptions in He-P 4030.02(c) shall not authorize the manufacture of any of the products described.(e) No person shall initially transfer for sale or distribution a product containing source material to persons exempt under He-P 4030.02(c) , or the equivalent regulations of an agreement state, or the Nuclear Regulatory Commission, unless authorized by a license issued under Nuclear Regulatory Commission regulation at 10 CFR 40.52 to initially transfer such products for sale or distribution.(f) Persons authorized to manufacture, process, or produce these materials or products containing source material by DHHS/RHS, or an agreement state, and persons who import finished products or parts, for sale or distribution shall be authorized by a license issued under the Nuclear Regulatory Commission regulation 10 CFR 40.52 for distribution only and are exempt from the requirements of He-P 4019 through He-P 4023, and He-P 4030.09.N.H. Admin. Code § He-P 4030.02
(See Revision Note at part heading for He-P 4030) #6942, eff 2-1-99; ss by #8800, INTERIM, eff 2-1-07, EXPIRED: 7-31-07
New. #8959, eff 8-7-07
Amended by Volume XXXV, Number 32 Filed August 13, 2015, Proposed by #10896, Effective 7/22/2015, Expires1/18/2016.Amended by Volume XXXVI Number 01, Filed January 7, 2016, Proposed by #11006, Effective 1/15/2016, Expires 1/15/2026.