Current through all regulations passed and filed through March 18, 2024
(A) No licensee shall transfer special
nuclear material except as authorized pursuant to this rule.
(B) Except as otherwise provided in the
license and subject to the provisions of paragraphs (C) and (D) of this rule,
any licensee may transfer special nuclear material:
(1)
To the
agency in any agreement state which regulates radioactive materials pursuant to
an agreement with the United States nuclear regulatory commission, if the
quantity transferred is not sufficient to form a critical mass;
(2)
To any person exempt from the licensing
requirements of the Chapter 3701:1-40 of the Administrative Code and rules in
this chapter, to the extent permitted under such exemption;
(3)
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;
(4)
To any person
authorized to receive such special nuclear material under terms of a specific
license or a general license or their equivalents issued by the United States
nuclear regulatory commission or an agreement state; or
(5)
As otherwise authorized by the
director in writing.
(C) When transferring special nuclear
material:
(1) The licensee transferring the
material shall verify that the transferee's license authorizes receipt of the
type, form, and quantity of special nuclear material to be transferred, before
transferring special nuclear material to a specific licensee of the
director, the United States nuclear regulatory
commission or an agreement state; or
(2) The licensee transferring the material
shall verify that the transferee's license authorizes receipt of the type,
form, and quantity of special nuclear material to be transferred, prior to
receipt of the special nuclear material by a general licensee who is required
to register with the director, the United States nuclear regulatory
commission or with an agreement state.
(D) The following methods for the
verification required by paragraph (C) of this rule are acceptable:
(1) The transferor may have in his or her
possession, and read, a current copy of the transferee's specific license or
registration certificate. The transferor shall retain a copy of each license or
certificate for three years from the date that it was obtained;
(2) The transferor may have in its possession
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 the license or
registration certificate number, issuing agency, and expiration date. The
transferor shall retain the written certification as a record for three years
from the date of receipt of the certification;
(3) For emergency shipments the transferor
may accept oral certification by the transferee that he or she is authorized by
license or registration certificate to receive the type, form, and quantity of
special nuclear 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. The
transferor shall retain the written confirmation of the oral certification for
three years from the date of receipt of the confirmation;
(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. The transferor shall retain the
compilation of information as a record for three years from the date that it
was obtained; or
(5) When none of
the methods of verification described in paragraphs (D)(1) to (D)(4) of this
rule are readily available or when a transferor desires to verify that
information received by one of these 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 special nuclear material.
The transferor shall retain the record of confirmation for three years from the
date the record is made.
Five Year Review (FYR) Dates:
06/07/2016 and
06/01/2021
Promulgated
Under: 119.03
Statutory
Authority: 3748.04
Rule
Amplifies: 3748.04
Prior
Effective Dates: 4/14/2003, 9/1/12