N.Y. Comp. Codes R. & Regs. tit. 10 § 16.111

Current through Register Vol. 46, No. 45, November 2, 2024

Section 16.111 - Transfer of radioactive material

(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.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 16.111