Current through Register 1531, September 27, 2024
(A) No licensee
shall transfer radioactive material except as authorized pursuant to 105 CMR
120.140.
(B) Except as otherwise
provided in his license and subject to the provisions of 105 CMR 120.140(C) and
(D), any licensee may transfer radioactive material:
(1) to the Agency (Only after receiving prior
approval from the Agency.);
(2) to
the U.S. Department of Energy;
(3)
to any person exempt from 105 CMR 120.000 to the extent permitted under such
exemption;
(4) to any person
authorized to receive such material under terms of a general license or its
equivalent, or a specific license or equivalent licensing document, issued by
the Agency, the U.S. Nuclear Regulatory Commission, any Agreement State or any
Licensing State, or to any person otherwise authorized to receive such material
by the Federal Government or any agency thereof, the Agency, an Agreement
State, or a Licensing State; or,
(5) as otherwise authorized by the Agency in
writing.
(C) Before
transferring radioactive material to a specific licensee of the Agency, the
U.S. Nuclear Regulatory Commission, an Agreement State or a Licensing State, or
to a general licensee who is required to register with the Agency, the U.S.
Nuclear Regulatory Commission, an Agreement State or a Licensing State prior to
receipt of the radioactive material, the licensee transferring the material
shall verify that the transferee's license authorizes the receipt of the type,
form, and quantity of radioactive material to be transferred.
(D) Any of the following methods for the
verification required by 105 CMR 120.140(C) is acceptable:
(1) The transferor may possess and read a
current copy of the transferee's specific license or registration
certificate.
(2) The transferor may
possess a written certification by the transferee that the transferee is
authorized by license or registration certificate to receive the type, form,
and quantity of radioactive material to be transferred, specifying the license
or registration certificate number, issuing agency, and expiration
date.
(3) For emergency shipments,
the transferor may accept oral certification by the transferee that the
transferee is authorized by license or registration certificate to receive the
type, form, and quantity of radioactive material to be transferred, specifying
the license or registration certificate number, issuing agency, and expiration
date; provided, that the oral certification is confirmed in writing within ten
days.
(4) The transferor may obtain
other information compiled by a reporting service from official records of the
Agency, the U.S. Nuclear Regulatory Commission, an Agreement State, or a
Licensing State regarding the identity of licensees and the scope and
expiration dates of licenses and registration.
(5) When none of the methods of verification
described in 105 CMR 120.140(D)(1) through (4) are readily available or when a
transferor desires to verify that information received by one of such methods
is correct or up-to-date, the transferor may obtain and record confirmation
from the Agency, the U.S. Nuclear Regulatory Commission, or an Agreement State,
or a Licensing State that the transferee is licensed to receive the radioactive
material.
(E) Shipment
and transport of radioactive material shall be in accordance with the
provisions of 105 CMR 120.770.
