(v) Shall maintain records of all tests performed on the devices as required under this section, including the dates and results of the tests and the names of the specific licensees conducting the tests;

(vi) Upon the occurrence of a failure of or damage to, or any indication of a possible failure of or damage to, the shielding or containment of the radioactive material or the on-off mechanism or indicator, shall immediately suspend operation of the device until it has been repaired by the supplier or other person holding a specific license to manufacture, install or service such devices, or disposed of by transfer to a person specifically licensed to receive the byproduct material contained in the device; and

(vii) Shall be exempt from the requirements of Part 20 of this chapter, except that such persons shall comply with the provisions of §§ 20.402 and 20.403.

(3) The general license provided in this paragraph is subject to the provisions of §§ 30.32 to 30.72, inclusive: Provided, That persons who possess byproduct material pursuant to this general license shall not export such byproduct material without a specific license from the Commission authorizing such export.

[Paragraph (c) added, 24 F.R. 1089, Feb. 12, 1959]

§ 30.24 Special requirements for issuance of specific licenses.

(f) Distribution of devices to persons generally licensed under § 30.21(c). An application for a specific license to distribute certain devices of the types enumerated in § 30.21 (c) to persons generally licensed under § 30.21 (c) will be approved if:

(1) The applicant satisfies the general requirements specified in § 30.23; and

(2) The applicant submits sufficient information relating to the design, manufacture, prototype testing, quality control procedures, labelling, proposed uses and potential hazards of the device to provide reasonable assurance that:

(i) The byproduct material contained in the device will not be lost;

(ii) That no person would receive a radiation exposure to a major portion of his body in excess of 0.5 rem in a year under ordinary circumstances of use;

(iii) The device can be safely operated by persons not having training in radiological protection; and

(iv) The byproduct material within the device would not be accessible to unauthorized persons.

(3) In describing the label or labels and contents thereon to be affixed to the device, the applicant should separately indicate those instructions and precautions which are necessary to assure safe operation of the device. Such instructions and precautions must be contained on labels bearing the statement, "Removal of this label prohibited by regulations of the Atomic Energy Commission." [Paragraph (f) added, 24 F.R. 1090, Feb. 12, 1959]

(e) Each licensee authorized under § 30.24(f) to distribute certain devices to generally licensed persons:

(1) Shall report to the Director, Division of Licensing and Regulation all transfers of such devices to persons generally licensed under § 30.21(c). Such report shall identify each general licensee by name and address, the type of device transferred, and the quantity and type of byproduct material contained in the device. The report shall be submitted within 30 days after the end of each calendar quarter in which such a device is transferred to generally licensed persons; and

(2) Shall furnish to each general licensee to whom he transfers such device a copy of the general license contained in § 30.21 (c).

[Paragraph (e) added, 24 F.R. 1090, Feb. 12, 1959]

The regulations in this part provide the rules of procedure to be followed by any person making application to the Atomic Energy Commission for the determination of a reasonable royalty fee, compensation, or the grant of an award, and for the consideration of such applications pursuant to section 157 of chapter 13 of the Atomic Energy Act of 1954 (68 Stat. 947; 42 U.S.C. 2187), section 173 of chapter 15 of the Atomic Energy Act of 1954 (68 Stat. 953; 42 U.S.C. 2223), and section 1 of the Patent Act of July 19, 1952 (66 Stat. 806 and 808; 35 U.S.C. 183 and 188).

[24 F.R. 2782, Apr. 10, 1959]

(e) Any applicant, his successors, assigns or legal representatives, whose patent is withheld because of an order of secrecy issued at the request of the Commission may, beginning at the date the applicant is notified that, except for such order, his application is otherwise in condition for allowance, make application for compensation for the damage caused by the order of secrecy and/or for the use of the invention by the Government, resulting from his disclosure as provided by 35 U.S.C. 183.

[Paragraph (e) added, 24 F.R. 2782, Apr. 10, 1959]

(10) In the case of an application for compensation for the damage caused by an order of secrecy of a patent application and/or for the use of the invention by the Commission, the date of the order of secrecy, the date of the notice that the patent application is in condition for allowance, and, if known to the applicant, the date of the first use of the invention by the Commission.

[Subparagraph (10) added, 24 F.R. 2782, Apr. 10, 1959]

ADJUDICATION AND COMMISSION REVIEW1

1Centerhead amended, 24 F.R. 2782, Apr. 10, 1959.

§ 80.60 Final action.

(a) Upon the expiration of the period prescribed in § 80.51, the Board shall proceed to a final consideration of the application on the basis of the entire record, including any exceptions, and

the briefs in support filed by either party. The Board shall resolve questions of fact by what it deems to be the greater weight of the evidence and shall make its decision on the entire record. Its findings as to facts shall be supported by reliable, evidence. probative, and substantial

The Board shall render an appropriate decision, together with a statement of its reasons or basis, determining as the case may be a reasonable royalty fee, the amount of compensation, or the amount of an award, or such other disposition as its determination requires.

*

(c) The decision of the Board shall constitute the final action of the Commission sixty (60) days after the date thereof, unless any party shall within such period file a petition for review of such decision.

[Paragraphs (a) and (c) amended, 24 F.R. 2782, Apr. 10, 1959]

§ 80.61 Commission review.

(a) The petition for review shall concisely and plainly state (1) the facts upon which the petitioner bases his claims that he has been adversely affected or aggrieved by the decision of the Board or that review thereof is required in the public interest under applicable statutes and rules, and (2) the relief or disposition of the application which the petitioner seeks by review.

(b) Seven copies of the petition for review and brief in support thereof shall be filed with the Clerk of the Board, who shall forthwith serve one copy of the petition and brief upon each of the members of the Commission, together with a copy of the Board's decision. petition and supporting brief shall be accompanied by a certificate of service thereof upon the respondent.

The

(c) Within twenty (20) days after the filing of the petition for review and supporting brief, the respondent may file seven copies of an opposing brief with the Clerk of the Board, who shall forth

with serve one copy thereof upon each of the members of the Commission. The opposing brief shall be accompanied by a certificate of service thereof upon the petitioner.

(d) In their consideration of the petition for review and briefs filed with respect thereto, the members of the Commission may take into consideration, without limitation, (1) the propriety of the compensation, royalty, or award on its face or the size thereof; (2) compliance by the claimant or applicant, and the Board, with the requirements and standards of applicable statutes and the regulations of the Commission; and (3) important questions of policy or administration presented by the record in the

case.

(e) If the Commission denies the petition for review, the decision of the Board shall thereupon become the final action of the Commission. If the Commission grants the petition for review, it shall (1) direct the Clerk of the Board to forthwith certify the record of the case to the Commission, and (2) issue an order for review which shall fix a time within which the parties may submit exceptions and briefs with reference to the decision of the Board. After expiration of such time, the Commission shall proceed to a final decision in the manner provided in §§ 2.750, 2.753 (b), 2.754, and 2.756 of this chapter.

(f) No officer or employee of the Commission, other than (1) a Commissioner, (2) a member of his immediate staff, or (3) Commission personnel who have not previously been involved, directly or indirectly, in the subject matter of the proceeding, in the proceeding itself, or in a factually related case, may participate or advise in the consideration of a petition for review or in the final decision of the Commission, except as a witness or counsel in the formal proceeding.

(Sec. 161, 68 Stat. 948, 42 U.S.C. 2201) [24 F.R. 2783, Apr. 10, 1959]

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