10A NCAC 15 .0337         ISSUANCE OF SPECIFIC LICENSES AND SEALED SOURCE AND DEVICE REGISTRATION CERTIFICATES

(a)  An application for a specific license shall be approved, and a specific license issued, or amended by the agency if the agency determines that the applicant satisfies the provisions of 10 CFR 30.33(a)(1) through (4), 30.39, 40.32(a) through (f), and 70.23(a)(1) through (6) as applicable to the licensed activities, and any additional requirements in:

(1)           10 CFR 32.11, 32.14, 32.18, 32.21, 32.22, 32.26, and 32.30 as applicable to the manufacture of exempt concentrations of byproduct material, and items containing exempt concentrations of byproduct material listed in 10 CFR Part 32, Subpart A;

(2)           10 CFR 32.51, 32.53, 32.57, 32.61, and 32.71 as applicable to the manufacturing and distribution of generally licensed items and devices listed in 10 CFR Part 32, Subpart B;

(3)           10 CFR 32.72 and 32.74 as applicable to the manufacturing and distribution of radioactive drugs, sources, or devices listed in 10 CFR Part 32, Subpart C;

(4)           10 CFR 33.13 through 33.15, and 33.17 as applicable to activities of broad scope;

(5)           10 CFR 34.13 for industrial radiography;

(6)           10 CFR 35.18 for the medical use of radioactive materials;

(7)           10 CFR 36.13 for the use of sealed sources to irradiate materials;

(8)           10 CFR 39.13, 39.15, and 39.17 for the use of radioactive materials in well logging;

(9)           10 CFR 40.34 for the use of source material in the manufacture and initial transfer of devices containing depleted uranium to a person generally licensed under Rule .0307(b) of this Section;

(10)         10 CFR 40.52 for the use of source material in the manufacture of exempt devices listed in Rule .0305 of this Section;

(11)         10 CFR 40.54 for the initial transfer of source material to a person generally licensed under Rule .0307(a) of this Section;

(12)         10 CFR 61.23(a) through (h), and (k), and Section .1200 of this Chapter for the receipt, possession, transfer, or disposal of radioactive waste received from another person; and

(13)         10 CFR 70.31(a) and (b) for the use of special nuclear material.

(b)  An application for a new or amended Sealed Source and Device Registration certificate shall be approved by the agency, and a new or amended Sealed Source and Device Registration certificate issued in accordance with 10 CFR 32.210(d) and (e).

(c)  Notwithstanding Rule .0117 of this Chapter, the regulations cited in this Rule from 10 CFR Chapter I (2015) are hereby incorporated by reference, excluding subsequent amendments and editions. Copies of these regulations are available free of charge at http://www.ecfr.gov/cgi-bin/text-idx?SID=2beeece594411a03e50b2468ae31f89b&pitd=20160101&tpl=/ecfrbrowse/Title10/10tab_02.tpl.

History Note:        Authority G.S. 104E‑7; 104E‑10(b);

Eff. February 1, 1980;

Amended Eff. June 1, 1993;

Transferred and Recodified from 15A NCAC 11 .0337 Eff. February 1, 2015;

Amended Eff. March 1, 2017.