4731 RADIATION SAFETY

4731.3005 ACTIVITIES REQUIRING LICENSE. Except for persons exempt under parts 4731.0300 to 4731.0370 and 4731.3010 to 4731.3245, no person shall manufacture, produce, transfer, receive, acquire, own, possess, or use radioactive material except as authorized in a specific or gener…

4731.3010 SPECIFIC EXEMPTIONS. A. The commissioner may, upon application of any interested person or upon the commissioner's own initiative, grant exemptions from parts 4731.3200 to 4731.7280 as the commissioner determines are authorized by law and will not endanger life or prope…

4731.3015 EXEMPTION; USE OF RADIOACTIVE MATERIAL UNDER CERTAIN FEDERAL CONTRACTS. A. Except to the extent that United States Department of Energy facilities or activities of the types subject to licensing under United States Code, title 42, section 5842, the Energy Reorganization…

4731.3020 EXEMPTION; CARRIERS. Common and contract carriers, freight forwarders, warehousers, and the United States Postal Service are exempt from parts 4731.3000 to 4731.8140 to the extent that they transport or store radioactive material in the regular course of the carriage fo…

4731.3025 EXEMPTION; CERTAIN CONCENTRATIONS. Subpart 1. Exemption. Except as provided in subparts 3 and 4, a person is exempt from parts 4731.3000 to 4731.7280 to the extent that the person receives, possesses, uses, transfers, owns, or acquires products or materials containing r…

4731.3030 EXEMPTION; CERTAIN ITEMS CONTAINING RADIOACTIVE MATERIAL. Subpart 1. Exempt products. Except for persons who apply radioactive material to or incorporate radioactive material into the following products or persons who initially transfer for sale or distribution the foll…

4731.3035 [Repealed, 33 SR 1440] Published Electronically: March 12, 2009

4731.3040 EXEMPT QUANTITIES. Subpart 1. Exempt quantities. Except as provided in subparts 3 to 5, a person is exempt from parts 4731.3000 to 4731.7280 to the extent that the person receives, possesses, uses, transfers, owns, or acquires radioactive material in individual quantiti…

4731.3045 EXEMPTION; SELF-LUMINOUS PRODUCTS CONTAINING TRITIUM, KRYPTON-85, OR PROMETHIUM-147. Subpart 1. Specific license exemption. Except for persons who manufacture, process, produce, or initially transfer for sale or distribution self-luminous products containing tritium, kr…

4731.3050 EXEMPTION; GAS AND AEROSOL DETECTORS CONTAINING RADIOACTIVE MATERIAL. Subpart 1. Specific license exemption. Except for persons who manufacture, process, produce, or initially transfer for sale or distribution gas and aerosol detectors containing radioactive material, a…

4731.3055 EXEMPTION; RADIOACTIVE DRUGS. Subpart 1. Exemption. Except as provided in subparts 2 and 3, a person is exempt from parts 4731.3000 to 4731.3245 and 4731.4400 to 4731.4527, if the person receives, possesses, uses, transfers, owns, or acquires capsules containing one µCi…

4731.3056 EXEMPTION; CERTAIN INDUSTRIAL DEVICES. Subpart 1. Specific license exemption. Except for persons who manufacture, process, produce, or initially transfer for sale or distribution industrial devices containing radioactive material designed and manufactured for the purpos…

4731.3060 TYPES OF LICENSES. A. Licenses for radioactive material are of two types: general and specific. B. The commissioner issues a specific license to a named person who has filed an application for the license under parts 4731.3300 to 4731.7280. C. A general license is provi…

4731.3065 SPECIFIC LICENSES; APPLICATION. Subpart 1. General requirements. A. Applications for specific licenses must be filed on an application for radioactive material license form prescribed by the commissioner. B. An application must be signed by the applicant or licensee or …

4731.3070 SPECIFIC LICENSES; APPROVAL. Subpart 1. Application. The commissioner shall approve an application for a specific license if: A. the application is for a purpose authorized under this chapter; B. the applicant is qualified by training and experience to use the material …

4731.3075 TERMS AND CONDITIONS OF LICENSES. Subpart 1. Applicable regulation. A license issued under this chapter is subject to all rules and orders of the commissioner. Subp. 2. Transfer prohibited. A. No license issued or granted under this chapter nor any right under a license…

4731.3080 FINANCIAL ASSURANCE AND RECORD KEEPING FOR DECOMMISSIONING. Subpart 1. Decommissioning funding plan required. A. An applicant for a specific license authorizing the possession and use of unsealed radioactive material of half-life greater than 120 days and in quantities …

4731.3085 LICENSE EXPIRATION AND TERMINATION; DECOMMISSIONING. Subpart 1. Expiration. A. A specific license expires at the end of the day on the expiration date stated in the license, unless the licensee has filed an application for renewal under part 4731.3090 not less than 30 d…

4731.3090 RENEWAL AND AMENDMENT OF LICENSES. Subpart 1. Renewal application. Applications for renewal of a specific license must be filed on an application for radioactive material license form, as prescribed by the commissioner, according to part 4731.3065. Subp. 2. Extension; r…

4731.3105 TRANSFER OF RADIOACTIVE MATERIAL. Subpart 1. Authorization required. No licensee shall transfer radioactive material except as authorized under this chapter. Subp. 2. Approved transfer. Except as otherwise provided in a license and subject to subpart 3, a licensee may t…

4731.3110 REPORTING REQUIREMENTS. Subpart 1. Immediate notification required. A licensee must notify the commissioner as soon as possible but not later than four hours after the discovery of an event that prevents immediate protective actions necessary to avoid exposures to radia…

4731.3115 RECORDS. Subpart 1. Requirements. A. A person who receives radioactive material pursuant to a license issued under parts 4731.3000 to 4731.6270 must keep records showing the receipt, transfer, and disposal of the radioactive material according to this subpart and part 4…

4731.3120 INSPECTIONS AND TESTS. Subpart 1. Material and premises inspection. A licensee must afford to the commissioner at all reasonable times opportunity to inspect radioactive material and the premises and facilities wherein radioactive material is used or stored. Subp. 2. Re…

4731.3130 MODIFICATION AND REVOCATION OF LICENSES. A. The terms and conditions of a license issued under parts 4731.3000 to 4731.3245 are subject to amendment, revision, or modification by reason of rules and orders issued according to this chapter. B. A license may be revoked, s…

4731.3135 WITHHOLDING OR RECALL OF RADIOACTIVE MATERIAL. The commissioner may cause the withholding or recall of radioactive material from a licensee who is not equipped to observe or fails to observe safety standards to protect health as may be established by the commissioner or…

4731.3140 EXEMPT CONCENTRATIONS. Subpart 1. Parent isotope. Many radioisotopes disintegrate into isotopes that are also radioactive. In expressing the concentrations in subpart 3, the activity stated is that of the parent isotope and takes into account the daughters. Subp. 2. Com…

4731.3145 EXEMPT QUANTITIES. Radioactive Material Microcuries Antimony 122 (Sb 122) 100 Antimony 124 (Sb 124) 10 Antimony 125 (Sb 125) 10 Arsenic 73 (As 73) 100 Arsenic 74 (As 74) 10 Arsenic 76 (As 76) 10 Arsenic 77 (As 77) 100 Barium 131 (Ba 131) 10 Barium 133 (Ba 133) 10 Barium…

4731.3150 RADIOACTIVE MATERIALS; EMERGENCY PLAN QUANTITIES. This part specifies quantities of radioactive materials requiring consideration of the need for an emergency plan for responding to a release. Radioactive material1 Release fraction Quantity (curies) Actinium-228 0.001 4…

4731.3155 ASSURING DECOMMISSIONING FUNDS; PARENT COMPANY GUARANTEES. Subpart 1. General requirement. An applicant or licensee may provide reasonable assurance of the availability of funds for decommissioning based on obtaining a parent company guarantee that funds will be availab…

4731.3160 QUANTITIES OF LICENSED MATERIAL REQUIRING LABELING FOR DECOMMISSIONING. Subpart 1. Table. The following quantities of licensed material require labeling for decommissioning: Materials Microcuries Americium-241 0.01 Antimony-122 100 Antimony-124 10 Antimony-125 10 Arseni…

4731.3165 ASSURING DECOMMISSIONING FUNDS; SELF-GUARANTEES; BOND RATING. Subpart 1. General requirement. This part applies to an applicant or licensee that has a rated bond issuance and wishes to self-guarantee. An applicant or licensee may provide reasonable assurance of the avai…

4731.3170 ASSURING DECOMMISSIONING FUNDS; SELF-GUARANTEE; NO OUTSTANDING RATED BONDS. Subpart 1. General requirement. This part applies to an applicant or licensee that has no outstanding rated bonds and wishes to self-guarantee. An applicant or licensee may provide reasonable as…

4731.3175 ASSURING DECOMMISSIONING FUNDS; NONPROFIT ENTITIES. Subpart 1. General requirement. This part applies to an applicant or licensee that is a nonprofit entity, such as a college, university, or nonprofit hospital, and wishes to self-guarantee. An applicant or licensee may…

4731.3200 GENERAL DOMESTIC LICENSES FOR RADIOACTIVE MATERIAL. A. Parts 4731.3200 to 4731.3245 establish general licenses for the possession and use of radioactive material and a general license for ownership of radioactive material. Specific provisions of this chapter are applica…

4731.3210 [Repealed, 40 SR 145] Published Electronically: August 27, 2015

4731.3215 GENERAL LICENSE; DETECTING, MEASURING, GAUGING, CONTROLLING, AND OTHER DEVICES. Subpart 1. License issued. Commercial and industrial firms; research, educational, and medical institutions; individuals in the conduct of their business; and state or local government agenc…

4731.3220 GENERAL LICENSE; INSTALLATION OF GENERALLY LICENSED DEVICES. A person who holds a specific license issued by the NRC or an agreement state authorizing the holder to manufacture, install, or service a device described under part 4731.3215 is issued a general license to i…

4731.3225 GENERAL LICENSE; LUMINOUS SAFETY DEVICES FOR AIRCRAFT. Subpart 1. License issued. A general license is issued to own, receive, acquire, possess, and use tritium or promethium-147 contained in luminous safety devices for use in aircraft, provided that: A. each device con…

4731.3230 GENERAL LICENSE; AMERICIUM-241 AND RADIUM-226 CALIBRATION OR REFERENCE SOURCES. Subpart 1. License issued; americium-241. A general license is issued to persons listed in this part to own, receive, acquire, possess, use, and transfer, according to the provisions of subp…

4731.3235 GENERAL LICENSE; OWNING RADIOACTIVE MATERIAL. A general license is issued to own radioactive material without regard to quantity. Notwithstanding any other provision of this chapter, a general licensee under this part is not authorized to manufacture, produce, transfer,…

4731.3240 GENERAL LICENSE; STRONTIUM-90 ICE DETECTION DEVICES. Subpart 1. License issued. A general license is issued to own, receive, acquire, possess, use, and transfer strontium-90 contained in ice detection devices, provided that: A. each device contains not more than 50 micr…

4731.3245 GENERAL LICENSE; IN VITRO CLINICAL OR LABORATORY TESTING USE. Subpart 1. License issued. A physician, veterinarian in the practice of veterinary medicine, clinical laboratory, or hospital is issued a general license to receive, acquire, possess, transfer, or use, accord…

4731.3250 GENERAL LICENSE; CERTAIN ITEMS AND SELF-LUMINOUS PRODUCTS CONTAINING RADIUM-226. Subpart 1. General license. A general license is hereby issued to any person to acquire, receive, possess, use, or transfer, according to the provisions of subparts 2 to 4, radium-226 conta…

4731.3300 SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING RADIOACTIVE MATERIAL. Subpart 1. Scope. Parts 4731.3300 to 4731.3400 provide for: A. issuance of specific licenses to persons who manufacture or initially transfer items containing radioactiv…

4731.3305 [Repealed, 33 SR 1440] Published Electronically: March 12, 2009

4731.3315 PROHIBITION OF INTRODUCTION. No person may introduce radioactive material in a product or material knowing or having reason to believe that it will be transferred to a person that is exempt under part 4731.3025 or equivalent regulations of the NRC or an agreement state,…

4731.3320 [Repealed, 33 SR 1440] Published Electronically: March 12, 2009