U.S. Nuclear Regulatory Commission
10 CFR 31.5 (c) (9): Aircraft at "Particular Location"
Title: 10 CFR 31.5 (c) (9): Aircraft at "Particular
See the memorandum from J. R. Wolf to N. Bassin dated March
13, 1979. This OELD opinion states that under 10 CFR 31.5
(c) (9) (i), transfers to general licensees are permitted
under this provision only if "the device remains in use at
a particular location." An acceptable interpretation of
this language is that a specific airplane should be
regarded as a "particular location."
The basis for this opinion is that the "particular
location" requirement appears in the regulations "to
achieve a workable system for identifying users under the
general license" (Statement of Consideration, 39 FR 43531,
December 16, 1974). Because of the documentation
requirements applicable to aircraft, transfers between the
manufacturing company and an airline, or between subsequent
parties in possession should in no way impair the
Commission's ability to identify the users. In addition, a
report to the Commission will be required under the second
sentence of 10 CFR 31.5 (c) (9) (i).
Regulatory references: 10 CFR 31.5
Subject codes: 3.5, 3.8
Applicability: Byproduct Material