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4731.3105 TRANSFER OF RADIOACTIVE MATERIAL.

Subpart 1.

Authorization required.

No licensee shall transfer radioactive material except as authorized under this chapter.

Subp. 2.

Approved transfer.

Except as otherwise provided in a license and subject to subpart 3, a licensee may transfer radioactive material:

A.

to the commissioner;

B.

to the DOE or an agency in an agreement state that regulates radioactive material;

C.

to any person exempt from the licensing requirements of parts 4731.3000 to 4731.3245, to the extent permitted under the exemption;

D.

to a person in an agreement state subject to the jurisdiction of that state or the NRC who has been exempted from the licensing requirements of that state or the NRC, to the extent permitted under the exemption;

E.

to a person authorized to receive radioactive material under terms of a specific license or a general license or their equivalents issued by the Atomic Energy Commission, the NRC, or an agreement state; or

F.

as otherwise authorized by the commissioner in writing.

Subp. 3.

Verification for transfer.

A.

Before transferring radioactive material to a specific licensee of the NRC or an agreement state, or to a general licensee who is required to register with the NRC or an agreement state before receipt of the radioactive material, the licensee transferring the material must verify that the transferee's license authorizes the receipt of the type, form, and quantity of radioactive 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;

(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 radioactive material to be transferred, specifying:

(a)

the license or registration certificate number;

(b)

the issuing agency; and

(c)

the expiration date;

(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 radioactive 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; or

(4)

the transferor may obtain other information compiled by a reporting service from official records of 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 or registrations.

Subp. 4.

Confirmation.

The transferor may obtain and record confirmation from the NRC or the licensing agency of an agreement state that the transferee is licensed to receive the radioactive material:

A.

when none of the methods of verification described in subpart 3 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.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

Official Publication of the State of Minnesota
Revisor of Statutes