AUTHORITY: The provisions of this Part 70 issued under secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, as amended, 948, as amended, 953, as amended, 954; 42 U.S.C. 2071, 2073, 2201, 2232, 2233. For the purposes of sec. 223, 68 Stat. 958; 42 U.S.C. 2273, §§ 70.32 (a) (6) and 70.41 (a) issued under sec. 161b, 68 Stat. 948; 42 U.S.C. 2201 and §§ 70.51 to 70.54, inclusive, issued under sec. 161p, 68 Stat. 950; 42 U.S.C. 2201. SOURCE: The provisions of this Part 70 appear at 21 F.R. 764, Feb. 3, 1956, unless otherwise noted. (a) The regulations in this part establish procedures and criteria for the issuance of licenses to receive title to. own, acquire, deliver, receive, possess, use, transfer, import, and export special nuclear material; and establish and provide for the terms and conditions upon which the Commission will issue such licenses. (b) The regulations contained in this part are issued pursuant to the Atomic Energy Act of 1954 (68 Stat. 919). [21 F.R. 764, Feb. 3, 1956, as amended at 32 F.R. 4056, Mar. 15, 1967] the means for transporting or propelling the device (where such means is a separable and divisible part of the device), the principal purpose of which is for use as, or for development of, a weapon, a weapon prototype, or a weapon test device; (d) "Commission" means the Atomic Energy Commission or its duly authorized representatives; (e) "Common defense and security" means the common defense and security of the United States; (f) "Government agency" means any executive department, commission, independent establishment, corporation, wholly or partly owned by the United States of America which is an instrumentality of the United States, or any board, bureau, division, service, office, officer, authority, administration, or other establishment in the executive branch of the Government; (g) "License", except where otherwise specified, means a license issued pursuant to the regulations in this part; (h) "Person" means (1) any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, Government agency other than the Commission, any State or any political subdivision of, or any political entity within a State, any foreign government or nation or any political subdivision of any such government or nation, or other entity; and (2) any legal successor, representative, agent or agency of the foregoing; (i) "Produce", when used in relation to special nuclear material, means (1) to manufacture, make, produce, or refine special nuclear material; (2) to separate special nuclear material from other substances in which such material may be contained; or (3) to make or to produce new special nuclear material; (j) "Research and development means (1) theoretical analysis, exploration, or experimentation; or (2) the extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, devices, equipment, materials, and processes; (k) "Restricted Data" means all data concerning (1) design, manufacture or utilization of atomic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the production of energy, but shall not include data declassified or removed from the Restricted Data category pursuant to section 142 of the act; (1) "Source material" means source material as defined in section 11 s. of the act and in the regulations contained in Part 40 of this chapter; (m) "Special nuclear material" means (1) plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the Commission, pursuant to the provisions of section 51 of the act, determines to be special nuclear material, but does not include source material; or (2) any material artificially enriched by any of the foregoing but does not include source material; (n) "United States", when used in a geographical sense, includes all territories and possessions of the United States, the Canal Zone and Puerto Rico. (o) "Agreement State" as designated in Part 150 of this chapter means any State with which the Commission has entered into an effective agreement under subsection 274b. of the Act. "Non-agreement State" means any other State. (p) "Commission-owned special nuclear material" means special nuclear material which is the property of the United States and which is administered and controlled by the Commission as agent of and on behalf of the United States. (q) "Sealed source" means any special nuclear material that is encased in a capsule designed to prevent leakage or escape of the special nuclear material. [21 F.R. 764, Feb. 3, 1956, as amended at 29 F.R. 5884, May 5, 1964; 32 F.R. 2365, Feb. 3, 1967; 32 F.R. 2562, Feb. 7, 1967] Except where otherwise specified in this part, all communications and reports concerning the regulations in this part, and applications filed under them, should be addressed to the Director, Division of Materials Licensing, U.S. Atomic Energy Commission, Washington, D.C., 20545. Communications, reports, and applications may be delivered in person at the Commission's offices at 1717 H Street NW., Washington, D.C.; at 4915 St. Elmo Avenue, Bethesda, Md.; or at Germantown, Md. [31 F.R. 4670, Mar. 19, 1966] § 70.6 Interpretations. Except as specifically authorized by the Commission in writing, no interpre tation of the meaning of the regulations in this part by any officer or employee of the Commission other than a written interpretation by the General Counsel will be recognized to be binding upon the Commission. EXEMPTIONS § 70.11 Persons using special nuclear material under certain Atomic Energy Commission contracts. Any prime contractor of the Commission is exempt from the requirements for a license set forth in section 53 of the Act and from the regulations in this part to the extent that such contractor, under his prime contract with the Commission, receives title to, owns, acquires, delivers, receives, possesses, uses, transfers, imports or exports special nuclear material for: (a) The performance of work for the Commission at a United States Government-owned or controlled site, including the transportation of special nuclear material to or from such site and the performance of contract services during temporary interruptions of such transportation; (b) research in, or development, manufacture, storage, testing, or transportation of, atomic weapons or components thereof; or (c) the use or operation of nuclear reactors or other nuclear devices in a United States Government-owned vehicle or vessel. In addition to the foregoing exemptions, any prime contractor or subcontractor of the Commission is exempt from the requirements for a license set forth in section 53 of the Act and from the regulations in this part to the extent that such prime contractor or subcontractor receives title to, owns, acquires, delivers, receives, possesses, uses, transfers, imports or exports special nuclear material under his prime contract or subcontract when the Commission determines that the exemption of the prime contractor or subcontractor is authorized by law; and that, under the terms of the contract or subcontract, there is adequate assurance that the work thereunder can be accomplished without undue risk to the public health and safety. Any person exempt from licensing under this part prior to the effective date of this amendment who would otherwise be required by virture of this section to obtain a license shall continue to be so exempt on an interim basis. Such interim exemption shall expire 60 days from the effective date of this amendment, unless within said 60-day period either an application for a license Common and contract carriers, warehousemen and the United States Post Office Department are exempt from the regulations in this part to the extent that they transport or store special nuclear material in the regular course of carriage for another or storage incident thereto. § 70.13 Department of Defense. The regulations in this part do not apply to the Department of Defense to the extent that the Department receives, possesses and uses special nuclear material in accordance with the direction of the President pursuant to section 91 of the act. § 70.14 Specific exemptions. The Commission may, upon application of any interested person, grant such exemptions from the requirements of the regulations in this part as it determines are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest. 1 GENERAL LICENSES 1 § 70.18 Types of licenses. Licenses for special nuclear material are of two types: general and specific. Any general license provided in this part is effective without the filing of applications with the Commission or the issuance of licensing documents to particular persons. Specific licenses are issued to named persons upon applications filed pursuant to the regulations in this part. [29 F.R. 5884, May 5, 1964] § 70.19 General license for calibration or reference sources. (a) A general license is hereby issued to those persons listed below to receive title to, own, acquire, deliver, receive, possess, use and transfer, in accordance with the provisions of paragraphs (b) 129 F.R. 5884, May 5, 1964. and (c) of this section, plutonium in the form of calibration or reference sources: (1) Any person in a non-agreement State who holds a specific license issued by the Commission which authorizes him to receive, possess, use and transfer byproduct material, source material, or special nuclear material; (2) Any Government agency, as defined in § 70.4(f), which holds a specific license issued by the Commission which authorizes it to receive, possess, use and transfer byproduct material, source material, or special nuclear material; and (3) Any person in an agreement State who holds a specific license issued by the Commission which authorizes him to receive, possess, use and transfer special nuclear material. (b) The general license in paragraph (a) of this section applies only to calibration or reference sources which have been manufactured in accordance with the specifications contained in a specific license issued by the Commission to the manufacturer or importer of the sources pursuant to § 70.39 or in accordance with the specifications contained in a specific license issued to the manufacturer by an agreement State which authorizes manufacture of the sources for distribution to persons generally licensed by the agreement State. (c) The general license in paragraph (a) of this section is subject to the provisions of §§ 70.32, 70.51, 70.52, 70.55, 70.56, 70.61, 70.62, and 70.71, and to the provisions of Part 20 of this chapter. In addition, persons who receive title to, own, acquire, deliver, receive, possess, use or transfer one or more calibration or reference sources pursuant to this general license: (1) Shall not possess at any one time, at any one location of storage or use, more than 5 microcuries of plutonium in such sources; (2) Shall not receive, possess, use or transfer such source unless the source, or the storage container, bears a label which includes the following statement or a substantially similar statement which contains the information called for in the following statement: The receipt, possession, use and transfer of this source, Model Serial No. are subject to a general license and the regulations of the United States Atomic Energy Commission or of a State with which the Commission has entered into an agreement for the exercise of regulatory authority. Do not remove this label. THIS CAUTION-RADIOACTIVE MATERIAL (Name of Manufacturer or Importer) (3) Shall not transfer, abandon, or dispose of such source except by transfer to a person authorized by a license from the Commission or an agreement State to receive the source. (4) Shall store such source, except when the source is being used, in a closed container adequately designed and constructed to contain plutonium which might otherwise escape during storage. (5) Shall not use such source for any purpose other than the calibration of radiation detectors or the standardization of other sources. (d) The general license in paragraph (a) of this section does not authorize the manufacture, import, or export of calibration or reference sources containing plutonium. [29 F.R. 5884, May 5, 1964, as amended at 32 F.R. 8124, June 7, 1967] LICENSE APPLICATIONS § 70.21 Filing. (a) Applications for licenses should be filed in sextuplicate with the Director, Division of Materials Licensing, U.S. Atomic Energy Commission, Washington, D.C., 20545; except that applications for export licenses should be filed with the Director, Division of State and Licensee Relations. Applications may be filed in person at the Commission's offices at 1717 H Street NW., Washington, D.C.; at 4915 St. Elmo Avenue, Bethesda, Md.; or at Germantown, Md. Informa tion contained in previous applications, statements or reports filed with the Commission may be incorporated by reference, provided that such references are clear and specific. (b) An application for license filed pursuant to the regulations in this part will be considered also as an application for licenses authorizing other activities for which licenses are required by the act, provided the application specifies the additional activities for which licenses are requested and complies with regulations of the Commission as to applications for such licenses. (c) Any application which contains Restricted Data shall be prepared in such manner that all Restricted Data are separated from the unclassified information. (d) Applications and documents submitted to the Commission in connection with applications may be made available for public inspection in accordance with the provisions of the regulations contained in Part 2 of this chapter. [21 F.R. 764, Feb. 3, 1956, as amended at 23 F.R. 1122, Feb. 21, 1958; 31 F.R. 4670, Mar. 19, 1966] § 70.22 Contents of applications. (a) Each application for a license, other than an application for a license authorizing export only shall contain the following information: (1) The full name, address, age (if an individual), and citizenship of the applicant and the names and addresses of three personal references. If the applicant is a corporation or other entity, it shall indicate the State where it was incorporated or organized, the location of the principal office, the names, addresses, and citizenship of its principal officers, and shall include information known to the applicant concerning the control or ownership, if any, exercised over the applicant by any alien, foreign corporation, or foreign government. 251 (2) The activity for which the special nuclear material is requested, or in which special nuclear material will be produced, the place at which the activity is to be performed and the general plan for carrying out the activity. (3) The period of time for which the license is requested; (4) The name, amount, and specifications (including the chemical and physical form and, where applicable, isotopic content) of the special nuclear material the applicant proposes to use or produce; (5) [Reserved] (6) The technical qualifications, including training and experience of the applicant and members of his staff to engage in the proposed activities in accordance with the regulations in this chapter. (7) A description of equipment and facilities which will be used by the applicant to protect health and minimize danger to life or property (such as handling devices, working areas, shields, measuring and monitoring instruments, devices for the disposal of radioactive effluent and wastes, storage facilities, etc.). (8) Proposed procedures to protect health and minimize danger to life or property, including procedures to avoid accidental conditions of criticality and procedures for personnel monitoring and waste disposal. NOTE: Where the nature of the proposed activities is such as to require consideration of the applicant's financial qualifications to engage in the proposed activities in accordance with the regulations in this chapter, the Commission may request the applicant to submit information with respect to his financial qualifications. (b) Each application for a license to possess at any one time special nuclear material in a quantity exceeding 5,000 grams of contained uranium 235, uranium 233 or plutonium, or any combination thereof, and to use such special nuclear material for activities other than those involved in the operation of a nuclear reactor licensed pursuant to Part 50 of this chapter, or as sealed sources, shall contain: (1) A full description of the applicant's procedures for control of and accounting for special nuclear material which will be in his possession under license, including: (i) Procedures used in receiving, storing and shipping special nuclear material; (ii) Procedures for controlling special nuclear material during its processing or use in the facility, if appropriate; (iii) Procedures by which process losses are determined; (iv) Special nuclear material records and reporting procedures; (v) Physical inventory and measurement procedures for special nuclear material, including frequency; and (vi) Administrative controls (organization and management) for assuring appropriate implementation of the foregoing procedures.1 (2) An identification of the fundamental material controls provided in the procedures described in subparagraph (1) (i) through (vi) of this paragraph, which the applicant considers essential for assuring that special nuclear material in his possession under license will be 1 For guidance in preparing the required descriptions, an applicant may consult "A Guide for the Preparation of Procedure Manuals for Safeguards Control and Inventory Management of Nuclear Materials", which is available for inspection at the Commission's Public Document Room, 1717 H Street NW., Washington, D.C. Copies of this guide may be obtained by addressing a request to the Director of Materials Licensing, U.S. Atomic Energy Commission, Washington, D.C. 20545. adequately safeguarded. Such proposed controls will be considered by the Commission in determining the conditions to be incorporated in the license pursuant to § 70.32 (c). (c) An application for a license authorizing export only shall contain the following information: (1) The full name and address of the applicant; (2) The full name and address of the ultimate consignee, and of any intermediate consignee; (3) The chemical and physical form of the special nuclear material, including isotopic content, and the weight of contained special nuclear material; (4) A statement of end use from the consignee; and (5) Shipping and packaging procedures, to the extent required by the regulations in this chapter. (d) The Commission may at any time after the filing of the original application, and before the expiration of the license, require further statements in order to enable the Commission to determine whether the application should be granted or denied or whether a license should be modified or revoked. All applications and statements shall be signed by the applicant or licensee or a corporate officer thereof. (e) Each application and statement shall contain complete and accurate disclosure as to all matters and things required to be disclosed. [21 F.R. 764, Feb. 3, 1956, as amended at 23 F.R. 1675, Mar. 11, 1958; 32 F.R. 2365, Feb. 3, 1967; 32 F.R. 2562, Feb. 7, 1967; 32 F.R. 4056, Mar. 15, 1967] § 70.23 Requirements for the approval of applications. An application for a license, other than a license for export, will be approved if the Commission determines that: (a) The special nuclear material is to be used for the conduct of research or development activities of a type specified in section 31 of the act,1 in activities li 1 The types of research and development activities specified in section 31 are those relating to: (1) Nuclear processes; (2) The theory and production of atomic energy, including processes, materials, and devices related to such production; (3) Utilization of special nuclear material and radioactive material for medical, biological, agricultural, health or military purposes; (4) Utilization of special nuclear material, atomic energy, and radioactive material and |