DHS 157.03 (392m) “Tribal official” means the highest ranking individual that represents Tribal leadership, such as the Chief, President, or Tribal Council leadership.
DHS 157.03 (393m) "Trustworthiness and reliability" means the characteristics of an individual considered dependable in judgment, character, and performance, such that unescorted access to category 1 or category 2 quantities of radioactive material by that individual does not constitute an unreasonable risk to the public health and safety or security. A determination of trustworthiness and reliability for this purpose is based upon the results from a background investigation.
DHS 157.03 (402g) "Unescorted access" means solitary access to a category 1 or category 2 quantity of radioactive material or the devices that contain the material.
SECTION 8. DHS 157.03 (402m) is renumbered DHS 157.03 (402r).
SECTION 9. DHS 157.03 (404) and (419m) are amended to read:
DHS 157.03 (404) "Unrefined and unprocessed ore" means ore in its natural form prior to any processing, such as grinding, roasting, refining or altering the ore from its natural state. Processing does not include sieving or encapsulation of ore or preparation of samples for laboratory analysis.
DHS 157.03 ((419m) "Well-logging Well logging assistant" means any individual who, under the personal supervision of a well logging supervisor, handles sources of radiation that are not in logging tools or shipping containers or who performs surveys required by s. DHS 157.55. SECTION 10. DHS 157.09 (1) (a) (intro.), and (1) (a) 5. a. and b. are amended to read:
DHS 157.09 (1) (a) A person is exempt from this subchapter subch. III and X if the person receives, possesses, uses, owns or transfers any of the following types and forms of source material:
DHS 157.09 (1) (a) 5. a. Glazed ceramic tableware manufactured before August 27, 2013, provided that the glaze contains not more than 20% by weight source material.
DHS 157.09 (1) (a) 5. b. Glassware containing not more than 102% by weight source material, or for glassware manufactured before August 27, 2013, 10% by weight source material; but not including commercially manufactured glass brick, pane glass, ceramic tile or other glass or ceramic used in construction.
SECTION 11. DHS 157.09 (1) (a) 8. a. is repealed.
SECTION 12. DHS 157.09 (1) (a) 8. b., c., and d. are renumbered DHS 157.09 (1) (a) 8. a., b., and c.
SECTION 13. DHS 157.09 (1) (a) 10. (intro.) is amended to read:
DHS 157.09 (1) (a) 10. (intro.) Thorium or uranium contained in or on finished optical lenses, provided that a lens does not contain more than 3010% by weight of thorium or uranium or for lenses manufactured before August 27, 2013, 30% by weight of thorium and that this exemption is not deemed to authorize either of the following:
SECTION 14. DHS 157.09 (1) (a) 11. and 12. are repealed and recreated to read:
DHS 157.09 (1) (a) 11. Thorium contained in any finished aircraft engine part containing nickel-thoria alloy, provided that the thorium is dispersed in the alloy in the form of finely divided thoria, and the thorium content in the nickel-thoria alloy does not exceed 4% by weight.
DHS 157.09 (1) (a) 12. Only persons authorized by a license issued under 10 CFR 40.52, may initially transfer for sale or distribution such products containing source material to a person exempt under this subsection. SECTION 15. DHS 157.09 (1) (a) 13. is created to read:
DHS 157.09 (1) (a) 13. Persons authorized by an agreement state to manufacture, process, or produce materials or products containing source material, and persons who import finished products or parts for sale or distribution, shall be licensed for distribution only under 10 CFR 40.52, and are exempt from s. DHS 157.13 (2) (a) and (b), and subch. III and X. SECTION 16. DHS 157.09 (2) (c) 7. is amended to read:
DHS 157.09 (2) (c) 7. Electron tubes, including 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, provided that the radiation dose rate from each electron tube containing radioactive material does not exceed 10 uGy microgy (1 millirad) per hour at one centimeter from any surface when measured through 7 milligrams per square centimeter of absorber and that each tube does not contain more than one of the following specified quantities of radioactive material:
SECTION 17. DHS 157.09 (2) (c) 9., 10., and 11. are created to read:
DHS 157.09 (2) (c) 9. Static elimination devices which contain, as a sealed source or sources, radioactive material consisting of a total of not more than 18.5 MBq (500 microcuries) of polonium-210 per device.
DHS 157.09 (2) (c) 10. Ion generating tubes designed for ionization of air that contain, as a sealed source or sources, radioactive material consisting of a total of not more than 18.5 MBq (500 microcuries) of polonium-210 per device or of a total of not more than 1.85 GBq (50 mCi) of hydrogen-3 (tritium) per device.
DHS 157.09 (2) (c) 11. Devices authorized before October 23, 2012 for use under the general license then provided in DHS 157.11 (2) (a) and equivalent regulations of agreement states, and manufactured, tested, and labeled by the manufacturer in accordance with the specifications contained in a specific license issued by the NRC.
SECTION 18. DHS 157.09 (2) (d) 1. and (e) 1. are amended to read:
DHS 157.09 (2) (d) 1. Except for persons who manufacture, process, produce, or initially transfer for sale or distribution of self-luminous products containing tritium, krypton-85 or promethium-147, and except as provided in subd. 3., any person is exempt from this subchapter to the extent that such person receives, possesses, uses, transfers, owns or acquires tritium, krypton-85 or promethium-147 in self-luminous products manufactured, processed, produced or initially transferred under a specific license issued by the NRC according to 10 CFR 32.22, which authorizes the initial transfer of the product for use under this subdivision. DHS 157.09 (2) (e) 1. Except for persons who manufacture, process, produce or initially transfer for sale or distribution gas and aerosol detectors containing radioactive material, a person is exempt from this subchapter if the person receives, possesses, uses, transfers, owns or acquires radioactive material in gas and aerosol detectors designed to protect life or property from fires and airborne hazards provided that the detectors containing radioactive material have been manufactured, processed, produced or initially transferred for sale or distribution under a specific license issued by the NRC under 10 CFR 32.26, a licensing state, other agreement state or the department under s. DHS 157.13 (4) (c), which authorizes the transfer of the detectors to persons who are exempt from regulatory requirements. This exemption also covers gas and aerosol detectors manufactured or distributed before November 30, 2007 in accordance with a specific license issued by an agreement state under comparable provisions under 10 CFR 32.26 authorizing distribution to persons exempt from regulatory requirements. SECTION 19. DHS 157.09 (2) (g) and DHS 157.09 (3) are created to read:
DHS 157.09 (2) (g) Industrial use devices containing exempt quantities or disturbed under a general license. 1. Except for persons who manufacture, process, produce or initially transfer for sale or distribution of industrial devices designed and manufactured for the purpose of detecting, measuring, gauging or controlling thickness, density, level, interface location, radiation, leakage, or qualitative or quantitative chemical composition, or for producing an ionized atmosphere containing radioactive material, a person is exempt from this subchapter if the person receives, possesses, uses, transfers, owns or acquires radioactive material in these certain detecting, measuring, gauging, or controlling devices and certain devices for producing an ionized atmosphere have been manufactured, processed, produced or initially transferred for sale or distribution under a specific license issued by the NRC under 10 CFR 32.26, a licensing state, other agreement state or the department under s. DHS 157.13 (4) (c), which authorizes the transfer of the detectors to persons who are exempt from regulatory requirements. This exemption does not cover sources not incorporated into a device, such as calibration and reference sources. 2. Industrial devices previously manufactured and distributed to general licensees under the specific license issued by an agreement state shall be considered exempt under this subdivision provided that the device is labeled under the specific license authorizing distribution of the generally licensed device and provided further that they meet the requirements of s. DHS 157.13 (4) (c). DHS 157.09 (3) EXEMPTIONS OF CATEGORY 1 OR CATEGORY 2 QUANTITIES OF RADIOACTIVE WASTE. A licensee that possesses radioactive waste that contains category 1 or category 2 quantities of radioactive material, other than waste that contains discrete sources, ion-exchange resins, or activated material that weighs less than 2,000 kg (4,409 lbs), is exempt from the requirements of ss. DHS 157.100 to 157.122 and shall implement all the following requirements to secure the radioactive waste: (a) Use continuous physical barriers that allow access to the radioactive waste only through established access control points.
(b) Use a locked door or gate with monitored alarm at the access control point.
(c) Assess and respond to each actual or attempted unauthorized access to determine whether an actual or attempted theft, sabotage, or diversion occurred.
(d) Immediately notify the LLEA and request an armed response from the LLEA upon determination that there was an actual or attempted theft, sabotage, or diversion of the radioactive waste that contains category 1 or category 2 quantities of radioactive material.
SECTION 20. DHS 157.10 (3) is repealed and recreated to read:
DHS 157.10 (3) FEE SCHEDULE. The following is the schedule of application, annual, amendment and reciprocity fees for specific radioactive material licenses.
