Current through all regulations passed and filed through March 18, 2024
(A) No licensee shall transfer
radioactive material except as authorized by this
rule.
(B) Except as otherwise
provided in the license and subject to the provisions of paragraph (C) of this
rule, any licensee may transfer radioactive
material:
(1) To the United States department of energy;
(2) To the agency in any agreement state
which regulates radioactive material pursuant to an agreement under section 274
of the "Atomic Energy Act", as amended;
(3) To any person exempt from the licensing
requirements of the act and regulations in this chapter, to the extent
permitted under such exemption;
(4) To any person in an agreement state,
subject to the jurisdiction of that state, who has been exempted from the
licensing requirements and regulations of that state, to the extent permitted
under such exemption;
(5) To any
person authorized to receive such
radioactive
material under terms of a specific license or a general license or their
equivalents issued by the United States atomic
energy commission, the United States nuclear regulatory commission,
or an agreement
state; or
(6) As otherwise
authorized by the director in writing.
(C) Before transferring
radioactive material to an entity specified in
paragraph (B) of this rule, 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. The licensee may verify the transferee's authorization to accept
the material by possessing one of the following:
(1) A current copy of the transferee's
specific license or registration certificate specifying the type, form, and
quantity of radioactive material to be transferred;
(2) A written certification by the
receiving licensee certifying that the licensee is authorized by license or
registration certificate to receive the type, form, and quantity of
radioactive material to be transferred, and
further specifying the license or registration certificate number, issuing
agency, and expiration date;
(3)
In the case of an emergency shipment, the transferring licensee may accept oral
certification by the receiving licensee that the licensee is authorized by
license or registration certificate to receive the type, form, and quantity of
radioactive material to be transferred, and
further, specifying the license or registration certificate number, issuing
agency and expiration date. The transferring licensee shall obtain written
confirmation detailing the oral certification within ten days of the emergency
transfer; or
(4) The transferor
may obtain other sources of information compiled by a reporting service from
official records of the department, United States nuclear regulatory
commission, or the licensing agency of an agreement state
as to the identity
of the receiving licensee, whether the licensee is authorized by license or
registration certificate to receive the type, form, and quantity of
radioactive material to be transferred, and the
expiration date of the receiving licensee's license or registration.
Five Year Review (FYR) Dates:
04/08/2015 and
04/01/2020
Promulgated
Under: 119.03
Statutory
Authority: 3748.02,
3748.04
Rule
Amplifies: 3748.04
Prior
Effective Dates: 7/22/2001, 8/15/05,
10/4/10