[Federal Register Volume 63, Number 203 (Wednesday, October 21, 1998)]
[Page 56237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28192]



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).

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. 98-28192 Filed 10-20-98; 8:45 am]