N.Y. Comp. Codes R. & Regs. tit. 12 § 38.12

Current through Register Vol. 46, No. 50, December 11, 2024

Section 38.12 - Conditions of specific licenses

(a) It is hereby made a condition of each specific license:

(1) that the licensee shall confine his possession and use of licensed radioactive material to such location or locations and for such purpose or purposes as the license may authorize; provided, however, that except as otherwise provided in such license or this Part, such license shall be deemed to authorize the licensee to transfer the material covered by such license to any other person authorized to receive it by the commissioner, the State Department of Health, the New York City Department of Health, the United States Nuclear Regulatory Commission or any agreement state;

(2) that the licensee shall notify the commissioner by letter within 30 days if an authorized user or radiation safety officer permanently discontinues performance of duties under the license;

(3) that any license covering the use of special nuclear material in the course of which licensed use additional special nuclear material is produced, shall be deemed to cover any such special nuclear material so produced; provided, however, that the total quantity of special nuclear material possessed by the licensee is not sufficient to form a critical mass;

(4) each person who possesses any radiation source shall secure such source against its unauthorized removal from its place of storage or use. The following additional restrictions apply to noncontrolled areas:

(i) radiation sources stored in a noncontrolled area shall be stored in a locked facility in the original shipping container, or a container providing equivalent radiation protection. Such a facility may be a cabinet, a safe or a room, provided that the facility is locked at all times when no activities are in progress relating to the use of the radiation sources;

(ii) radiation sources in a noncontrolled area and not in storage shall be tended under the constant surveillance and immediate control of the licensee or registrant.

(b) The commissioner may at any time set forth in any license or incorporate by reference therein, additional conditions, restrictions or requirements applicable to the licensee's transfer, receipt, possession or use of the radioactive material covered by such license in order to protect health and safety and to minimize danger to life and property from radiation hazards.

(c) Licensees required to submit emergency plans by section 38.6(d) of this Part (rule) shall follow the emergency plan approved by the commissioner. The licensee may change the approved plan without the approval of the commissioner only if the changes do not decrease the effectiveness of the plan. The licensee shall furnish the change to the commissioner and to affected offsite response organizations within six months after the change is made. Proposed changes that decrease, or potentially decrease, the effectiveness of the approved emergency plan may not be implemented without prior application to and prior approval by the commissioner.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 38.12