re: hand carries, 71.5(b)

[Lester.Slaback@nist.gov]

71.5(a) refers to transport "...outside ... place of use", and 71.5(b)
refers to "...shipment by rail, highway, or water" and to "..by air...",
and then imposes 49CFR on licensees regardless of exemptions within 49CFR.

I do not see how this imposes 49CFR for hand carried items within a
building, or for that matter between buildings on private property, even
if it involves a transfer between licensees.  This does not preclude a
specific license condition imposing 49CFR. [Question: Has  anyone ever
seen such a condition?]

There have been several opposing opinions on the interpretation of
10CFR71.5 recently on RADSAFE.  Question:  Aside from attempting to
personally interpret 71.5 does anyone have a NRC reference or direct words
from a reputable (on this topic) NRC authority that would add gravity to
this topic?

More personal interpretations will just clog RADSAFE so I am looking for
an authoritative response.  If 49CFR does apply for the situation 
described then think about this - how many of you have multiple licenses
at your organization and move material from the scope of one license to
another?  Are you going to do a 49CFR transfer for each of those?  For
instance, movement of RAM from an reactor to a research lab in an attached
building?



-- 
the above are the personal musing of the author,
and do not represent any past, current, or future
position of NIST, the U.S. Government, or anyone else
who might think that they are in a position of authority.
NBSR Health Physics
NIST
Gaithersburg, MD 20899
301 975-5810
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Lester.Slaback@nist.gov
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