Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Authorization required.
No licensee shall transfer special nuclear material except as
authorized under this part.
Subp.
2.
Approved transfer.
Except as otherwise provided in a license and subject to
subpart 3, a licensee may transfer special nuclear material:
A. to the commissioner after approval from
the commissioner;
B. to the United
States Department of Energy;
C. to
the agency in an agreement state that regulates radioactive material according
to an agreement with the NRC, if the quantity transferred is not sufficient to
form critical mass;
D. to a person
exempt from this chapter to the extent permitted under the exemption;
E. to a person in an agreement state, subject
to the jurisdiction of that state, who has been exempted from licensing
requirements of that state, to the extent permitted under the
exemption;
F. to a person
authorized to receive such material under terms of a specific license or a
general license or their equivalents issued by the commissioner, the NRC, an
agreement state, or a licensing state; or
G. as otherwise authorized by the
commissioner in writing.
Subp.
3.
Verification for transfer.
A. Before transferring special nuclear
material to a specific licensee of the commissioner, the NRC, an agreement
state, or a licensing state or to a general licensee who is required to
register with the commissioner, the NRC, an agreement state, or a licensing
state before receipt of the special nuclear material, the licensee transferring
radioactive material must verify that the transferee's license authorizes the
receipt of the type, form, and quantity of special nuclear material to be
transferred.
B. Any of the
following methods of verification are acceptable:
(1) the transferor may possess and read a
current copy of the transferee's specific license or general license
registration certificate. The transferor must retain a copy of each license or
certificate until the next inspection;
(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 special
nuclear material to be transferred, specifying:
(a) the license or registration certificate
number;
(b) the issuing agency;
and
(c) the expiration date.
The transferor must retain the written certification as a
record for three years from the date of receipt of the certification; or
(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 special nuclear material to be transferred,
specifying:
(a) the license or registration
certificate number;
(b) the issuing
agency; and
(c) the expiration
date.
The oral certification must be confirmed in writing within
ten days. The transferor must retain the written confirmation of the oral
certification for three years from the date of receipt of the
confirmation.
Subp. 4.
Other sources of
information.
The transferor may obtain other information compiled by a
reporting service from official records of the commissioner, the NRC, or the
licensing agency of an agreement state regarding the identity of licensees or
registrants and the scope and expiration dates of the licenses and
registrations. The transferor must retain the compilation of information as a
record for three years from the date that it was obtained.
Subp. 5.
Confirmation.
The transferor may obtain and record confirmation from the
commissioner, the NRC, or the licensing agency of an agreement state or
licensing state that the transferee is licensed to receive the special nuclear
material:
A. when none of the methods
of verification described in subparts 3 and 4 are readily available;
or
B. when a transferor desires to
verify that information received by one of the verification methods is correct
or up-to-date.
The transferor must retain the record of confirmation for
three years from the date the record is made.
Statutory Authority: MS s
144.1202;
144.1203
