HPPOS-137 PDR-9111210369

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