[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2001] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR32.51a] [Page 510-511] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 32--SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL--Table of Contents Subpart B--Generally Licensed Items Sec. 32.51a Same: Conditions of licenses. Each person licensed under Sec. 32.51 shall: (a) Furnish a copy of the general license contained in Sec. 31.5 of this chapter to each person to whom he directly or through an intermediate person transfers byproduct material in a device for use pursuant to the general license contained in Sec. 31.5 of this chapter. (b) Furnish a copy of the general license contained in the Agreement State's regulation equivalent to Sec. 31.5 of this chapter, or alternatively, furnish a copy of the general license contained in Sec. 31.5 of this chapter, to each person to whom he directly or through [[Page 511]] an intermediate person transfers byproduct material in a device for use pursuant to the general license of an Agreement State. If a copy of the general license in Sec. 31.5 of this chapter is furnished to such person, it shall be accompanied by a note explaining that use of the device is regulated by the Agreement State under requirements substantially the same as those in Sec. 31.5 of this chapter. [39 FR 43533, Dec. 16, 1974] Effective Date Notes: 1. At 65 FR 79189, Dec. 18, 2000, Sec. 32.51a was revised, effective Feb. 16, 2001. For the convenience of the user, the revised text is set forth as follows: Sec. 32.51a Same: Conditions of licenses. (a) If a device containing byproduct material is to be transferred for use under the general license contained in Sec. 31.5 of this chapter, each person that is licensed under Sec. 32.51 shall provide the information specified in this paragraph to each person to whom a device is to be transferred. This information must be provided before the device may be transferred. In the case of a transfer through an intermediate person, the information must also be provided to the intended user prior to initial transfer to the intermediate person. The required information includes-- (1) A copy of the general license contained in Sec. 31.5 of this chapter; if paragraphs (c)(2) through (4) or (c)(13) of Sec. 31.5 do not apply to the particular device, those paragraphs may be omitted. (2) A copy of Secs. 31.2, 30.51, 20.2201, and 20.2202 of this chapter; (3) A list of the services that can only be performed by a specific licensee; (4) Information on acceptable disposal options including estimated costs of disposal; and (5) An indication that NRC's policy is to issue high civil penalties for improper disposal. (b) If byproduct material is to be transferred in a device for use under an equivalent general license of an Agreement State, each person that is licensed under Sec. 32.51 shall provide the information specified in this paragraph to each person to whom a device is to be transferred. This information must be provided before the device may be transferred. In the case of a transfer through an intermediate person, the information must also be provided to the intended user prior to initial transfer to the intermediate person. The required information includes-- (1) A copy of the Agreement State's regulations equivalent to Secs. 31.5, 31.2, 30.51, 20.2201, and 20.2202 of this chapter or a copy of Secs. 31.5, 31.2, 30.51, 20.2201, and 20.2202 of this chapter. If a copy of the NRC regulations is provided to a prospective general licensee in lieu of the Agreement State's regulations, it shall be accompanied by a note explaining that use of the device is regulated by the Agreement State; if certain paragraphs of the regulations do not apply to the particular device, those paragraphs may be omitted. (2) A list of the services that can only be performed by a specific licensee; (3) Information on acceptable disposal options including estimated costs of disposal; and (4) The name or title, address, and phone number of the contact at the Agreement State regulatory agency from which additional information may be obtained. (c) An alternative approach to informing customers may be proposed by the licensee for approval by the Commission. (d) Each device that is transferred after (insert date 1 year after the effective date of this rule) must meet the labeling requirements in Sec. 32.51(a)(3) through (5). (e) If a notification of bankruptcy has been made under Sec. 30.34(h) or the license is to be terminated, each person licensed under Sec. 32.51 shall provide, upon request, to the NRC and to any appropriate Agreement State, records of final disposition required under Sec. 32.52(c). 2. At 65 FR 80991, Dec. 22, 2000, Sec. 32.51a(d), was corrected be removing ``(insert date 1 year after the effective date of this rule)'' and adding ``February 19, 2002'', effective Feb. 16, 2001.