ML20133A123

Responds to Requesting Clarification of Exemption in 10CFR30.13 for Carriers & Warehouseman as Applies to Customers

ML20133A123
Person / Time
Issue date:	12/26/1996
From:	Steven Baggett NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Stevens R SPECTRUM TECHNOLOGIES, INC.
Shared Package
ML20133A128	List: ML20133A123 ML20133A142
References
SSD, NUDOCS 9612300074
Download: ML20133A123 (2)

Text

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] g g UNITED STATES J j.. g j NUCLEAR REGULATORY COMMISSION 1 WASHINGTON, D.C. 20008-0001 \\,e / j en* December 26, 1996 1 i i Mr. Ro0er K. Stevens, President l Spectrum Techniques, INC. i l 182 Midway Lane j Oak Ridee, TN 37830 j i 1 l

Dear Mr. Stevens:

j i am respondmg to your letter of June 24,19g6, in which you requested clarification of the j exemption in 10 CFR 30.13 for camers and warehousemen as it applies to some of your j customers and the October 31,19g6, telephone conversation between Mr. Stephen Holmes of this office and Mr. Larry Webb of Spectrum. j ) 4 l The regulations in 10 CFR 30.13 provide an exemption from the regulations in Parts 30 through 36 and 3g, and the requirements for a license in Section 81, to carriers, freight forwarders, and l the U.S. Postal Service to the extent that the transport or storage of byproduct material occurs in the regular course of camage for another or storage incident thereto. ' This exemption is valid only dunng transportahon of radioactive material and applies only to those entities who provide j 1 j the transportation or storage along the way as part of their regular business or occupation. l As to your first question concoming your customers exporting exerr,pt quantity sources, the requwements for a license in Part 30 are only for domestic distribution and use. Accordingly, i l your customers could receive exempt material under $30.18 and e tpost them without a license i under $32.18. Subsequently, an exemphon under $30.13 would im irrelevant. 1 i in answer to your question concoming shipment and sales for domestic customers, as stated j above, the exemption in 10 CFR 30.13 is valid only during trarisportation of radioactive material i and apphes only to those enhhes who provide the transportation or storage along the way as part of their regular busmess or -W. However, a company, such as a scientific catalog i company, that purchases sources from Spectrum and then relabels the packages or consolidates I several pedages into a single shipmerd with other products before forwarding the items on to the final customer would be schng as a commercial re-distributor and not as a warehouse in the course of transportation Therefore, the company would not be exempt from the requirements for i a leoense as provided in $30.13 or $30.18. In order to distribute exempt quantity sources i A,a::M";, to persons exempt from licensing, the catalog company must obtain an exempt di.iribuison ic.ns.. i 4 Please note that $30.18(d) prohituts a persons from commercially distributing exempt quantities of byproduct matenal, knowmg or having reason to believe that such quantities will be transferred to persons exempt from licensing except in accordance with a license issued under 10 CFR 32.18 or i 1 bocou NRC FF.E CENTER COPY M 97 j 9612300074 961226 4, -! ~/ [a 1 j PDR RC / SSD PDR

., _. _. _. _.... ~. _ _ _.__ _ i i i t. J i R. Stevens 2 any equivalent Agreement State regulabons. Licensees with such knowledge or belief are expected to cease d6stnbubon until the appropriate distnbution license has been obtained by the i receiving entity. Again, this restnchon does not apply to commercial transfers that are non-domembc. l I j If you have any further questions, please feel free to contact Stephen Holmes of this offue at l (301) 415-5799. i i l Sincerehr, l OriginalSignedBy: StevenLBaggett j Steven L. Baggett, Ashng Section Leader Medical, Academic, and Commercial i Use Safety Branch l Division of Industrial and i j Medical Nuclear Safety 1 Office of Nuclear Material Safety and Safeguards cc: Johnny Graves, State of Tennessee 1 i 9 l DISTRIBUTION: 1 License File f NMSS r/f IMNS c/f IMAB r/f LWCamper SLBaggett Docket No. 030-34126 NEo2 33b-7 -{sb. (qaum sveo c.- C:UMNS5437.SWH C= COPY E= COVER / ENCLOSURE N=NO COPY OFFICIAL RECORD COPY o OGC h OFC IMAB IMAB b IMAB6 i NAME SM// SLGro N 4 SLBaggett SATreby DATE 12/P/96 12/[h/96 12M/96 12h96 .}}