Current through Register Vol. 46, No. 39, September 25, 2024
(a) No licensee shall transfer radioactive
material except as authorized pursuant to this section.
(b) Except as otherwise provided in his
license and subject to the provisions of subdivisions (c) and (d) of this
section, any licensee may transfer radioactive material:
(1) to the department;[FN14]
(2) to the United States Nuclear Regulatory
Commission;
(3) to any person
exempt from the regulations in this Part 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 department, the United States Nuclear Regulatory Commission, or any
agreement state, or to any person otherwise authorized to receive such material
by the Federal government or any agency thereof, the department, or any
agreement state; or
(5) as
otherwise authorized by the department in writing.
(c) Before transferring radioactive material
to a specific licensee of the department, the United States Nuclear Regulatory
Commission or the licensing agency of an agreement state, or to a general
licensee who is required to register with the department, the United States
Nuclear Regulatory Commission or the licensing agency of an agreement 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) The following
methods for the verification required by subdivision (c) of this section are
acceptable:
(1) the transferor may have in
his possession, and read, a current copy of the transferee's specific license
or registration certificate;
(2)
the transferor may have in his possession a written certification by the
transferee that he 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
he 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 10
days;
(4) the transferor may obtain
other sources of information compiled by a reporting service from official
records of the department, the United States Nuclear Regulatory Commission or
the licensing agency of an agreement state as to the identity of licensees and
the scope and expiration dates of licenses and registrations; or
(5) when none of the methods of verification
described in paragraphs (1) through (4) of this subdivision 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 department, the United States Nuclear Regulatory
Commission or the licensing agency of an agreement state that the transferee is
licensed to receive the radioactive material.
(e) Preparation for shipment and transport of
radioactive material shall be in accordance with the provisions of section
16.17
of this Part.
[FN14] A licensee may transfer material to the department
only after receiving prior approval from the department.
