RE: Question regarding transfer of a generally licensed RAM

["Caines, Gary (GA44)" <Gary.Caines@IAC.honeywell.com>]

Myung,

A Generally Licensed device can only be transferred from one General   
Licensee to another General Licensee if the location of the device is   
unchanged, such as is the case in the sale of a plant or facility to a   
third party and the device has remained in use.  To transfer the device   
as a Generally Licensed device requires the aid of the legal distributor   
of the device.  This is clear from NRC regulations 10CFR31.5.  You are in   
an Agreement State which has the same requirements.  In a case where a   
device is registered to be distributed either as a Specifically Licensed   
or Generally Licensed device, your regulatory authority can issue a   
Specific License to possess the device and source as Specifically   
Licensed.

I would highly recommend that you discuss what you want to do with your   
regulators in Nevada.  They can answer all of your questions and help you   
avoid problems.

(From 10CFR31.5)
(8) Except as provided in paragraph (c)(9) of this section, shall   
transfer or dispose of the device containing byproduct material only by   
transfer to persons holding a specific license pursuant to parts 30 and   
32 of this chapter or from an Agreement State to receive the device and   
within 30 days after transfer of a device to a specific licensee shall   
furnish to the Director of Nuclear Material Safety and Safeguards, U.S.   
Nuclear Regulatory Commission, Washington, DC 20555 a report containing   
identification of the device by manufacturer's name and model number and   
the name and address of the person receiving the device. No report is   
required if the device is transferred to the specific licensee in order   
to obtain a replacement device;
   

(9) Shall transfer the device to another general licensee only:
(i) Where the device remains in use at a particular location. In such   
case the transferor shall give the transferee a copy of this section and   
any safety documents identified in the label of the device and within 30   
days of the transfer, report to the Director of Nuclear Material Safety   
and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555,   
the manufacturer's name and model number of device transferred, the name   
and address of the transferee, and the name and/or position of an   
individual who may constitute a point of contact between the Commission   
and the transferee; or
(ii) Where the device is held in storage in the original shipping   
container at its intended location of use prior to initial use by a   
general licensee.
Regards,
Gary Caines
Radiological Operations Manager,
Honeywell Inc.  IAC
gary.caines@iac.honeywell.com
404-248-2350

 -----Original Message-----
From: mjo@scs.unr.edu
Sent: Monday, March 09, 1998 7:15 PM
To: radsafe@romulus.ehs.uiuc.edu
Subject: Question regarding transfer of a generally licensed RAM


A few years ago, we received a device which contained 300 mCi of H-3.
We were not allowed to receive directly from the doner because the
donating company did not possess a general license to (manufacture)
distribute. I was a bit confused about that because I thought they could
send it directly to us. The instrument was sent to
the original manufacturer and we received from the manuacturer.

We are about to receive an EC detector (head assembly only) and we have
RAM license to possess this instrument. Can an end-user donate
this instrument directly to us without a (distribution) license?
So far everyone I spoke have stated YES. I want to be certain to
protect this doner. Regulations I read did not make real clear to
me. After completion of my data collection, I plan to approach our
regulators. All comments regarding this subject will be appreciated.
Thanks. M. Jo


Myung Chul Jo, RSO <mjo@scs.unr.edu>
EH&S/MS 328
University of Nevada, Reno
Reno, NV 89557
(702) 784-4540(voice)
(702) 784-4553(fax)