[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR32.51a]

[Page 522-523]
 
                            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.

    (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

[[Page 523]]

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 Sec. Sec. 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 
Sec. Sec. 31.5, 31.2, 30.51, 20.2201, and 20.2202 of this chapter or a 
copy of Sec. Sec. 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 February 19, 2002 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).

[65 FR 79189, Dec. 18, 2000; 65 FR 80991, Dec. 22, 2000]