Agency information collection activities: Consumer Product Licensing Requirements; persons exempt from licensing,

[Federal Register: October 21, 1998 (Volume 63, Number 203)]

[Notices]

[Page 56237]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr21oc98-109]

NUCLEAR REGULATORY COMMISSION

Consumer Product Licensing Requirements

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice.

SUMMARY: This notice is to remind all importers and distributors of consumer products containing radioactive material regulated by the Nuclear Regulatory Commission (NRC) of NRC licensing requirements governing the distribution of these products to unlicensed persons (persons exempt from licensing).

FOR FURTHER INFORMATION CONTACT: Anthony Kirkwood, Mail Stop TWFN 8-F- 5, Division of Industrial and Medical Nuclear Safety, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555.

SUPPLEMENTARY INFORMATION: Specific licensing requirements exist if you are the initial importer or distributor of a consumer product containing NRC regulated byproduct material, such as, watches illuminated by tritium paint or gas or neutron-irradiated gemstones. You must first obtain a possession and use license satisfying the general requirements of 10 CFR 30.33 or Agreement State equivalent. Therefore, you must apply for and obtain a specific license authorizing possession and use of byproduct material from the NRC regional office or applicable Agreement State, whoever has jurisdiction in your State. Clarifications in the jurisdictional control for your State may be obtained by contacting the NRC contact identified earlier in this notice. The information needed to apply for this license may be obtained from the NRC regional office for your area or from the state government as applicable. In addition, in order to initially distribute or transfer consumer products containing byproduct material to persons exempt from licensing, you must also apply for and obtain an exempt distribution license from NRC satisfying the requirements of 10 CFR 32. The product information to be submitted for a NRC distribution license is outlined in NUREG-1556, Vol. 8, ``Consolidated Guidance about Materials Licenses: Program-Specific Guidance About Exempt Distribution Licenses,'' dated September 1998, and may be obtained by writing to the Superintendent of Documents, U. S. Government Printing Office, P. O. Box 37082, Washington, D.C. 20402-9328. Copies are also available from the National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161. A copy of the document is also available for inspection and/or copying for a fee in the NRC Public Document Room, 2120 L Street, NW. (Lower Level), Washington, D.C. 20555-0001.

Importers and initial distributors of consumer products containing radioactive material regulated by NRC, such as watches and gemstones, found without the proper licensure, are subject to enforcement action by NRC and state regulatory authorities. NRC enforcement action may include imposition of monetary penalties, referral to a Federal District Court to obtain an injunction and seizure of the radioactive products, or referral to the Department of Justice for potential criminal prosecution. Recently, the NRC took significant enforcement action against two watch importers and distributors for violations of NRC requirements involving the possession, use, and initial distribution of watches containing NRC-licensed material without having NRC licenses authorizing such activities. In one action, the company was issued a $26,400 civil penalty.

Dated at Rockville, Maryland this 9th day of October, 1998.

For the Nuclear Regulatory Commission. Frederick C. Combs, Acting Director, Division of Industrial and Medical Nuclear Safety, Office of Nuclear Material Safety and Safeguards.

[FR Doc. 98-28192Filed10-20-98; 8:45 am]

BILLING CODE 7590-01-P

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