U.S. Nuclear Regulatory Commission

10 CFR 31.5 (c) (9): Aircraft at "Particular Location"

HPPOS-137 PDR-9111210369

Title: 10 CFR 31.5 (c) (9): Aircraft at "Particular

Location"

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