CAUTION--RADIOACTIVE MATERIAL THIS SOURCE CONTAINS PLUTONIUM. DO NOT TOUCH RADIOACTIVE PORTION OF THIS SOURCE.

(Name of Manufacturer or Initial

Transferor)

(3) Shall not transfer, abandon, or dispose of such source except by transfer to a person authorized by a license from the Commission or the Atomic Energy 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.

(Sec. 161, as amended, Pub. L. 83-703, 68 Stat. 948 (42 U.S.C. 2201); sec. 201, as amended, Pub. L. 93-438, 88 Stat. 1243 (42 U.S.C. 5841))

[29 FR 5884, May 5, 1964, as amended at 32 FR 8124, June 7, 1967; 38 FR 22221, Aug. 17, 1973; 40 FR 8792, Mar. 3, 1975; 42 FR 28896, June 6, 1977; 43 FR 6924, Feb. 17, 1978]

§ 70.20 General license to own special nuclear material.

A general license is hereby issued to receive title to and own special nuclear material without regard to quantity. Notwithstanding any other provision of this chapter, a general licensee under this section is not authorized to acquire, deliver, receive, possess, use, transfer, import, or export special nuclear material, except as authorized in a specific license.

[33 FR 9810, July 9, 1968]

§ 70.20a General license to possess special nuclear material for transport.

(a) A general license is hereby issued to any person to possess formula quantities of strategic special nuclear material of the types and quantities subject to the requirements of § § 73.20, 73.25. 73.26 and 73.27 of

this

chapter, and irradiated reactor fuel containing material of the types and quantities subject to the requirements of $73.37 of this chapter, in the regular course of carriage for another or storage incident thereto. Carriers generally licensed under § 70.20b are exempt from the requirements of this section. Carriers of irradiated reactor fuel for the Untied States Department of Energy are also exempt from the requirements of this section. The general license is subject to the applicable provisions of §§ 70.32 (a) and (b), 70.42, 70.52, 70.55, 70.61, 70.62, and 70.71.

(b) Notwithstanding any other provision of this chapter, the general license issued under this section does not authorize any person to conduct any activity that would be authorized by a license issued pursuant to Parts 30 through 35, 40, 50, 110, or other sections of this part.

(c) Notwithstanding any other provision of this chapter, the duties of a general licensee under this section while in possession of formula quantities of strategic special nuclear material or irradiated reactor fuel in the regular course of carriage for another or storage incident thereto shall be limited to providing for the physical protection of such material against theft or sabotage. Unless otherwise provided by this section, a general license under this section is not subject to the requirements of Parts 19, 20, 70 and 73.

(d) Any person who possesses formula quantities of strategic special nuclear material under this general license:

(1) Shall have submitted and received approval of a transportation security plan. The security plan shall outline the procedures that will be used to meet the requirements of §§ 73.20, 73.25, 73.26, 73.27 and 73.70(g) of this chapter including a plan for the selection, qualification, and training of armed escorts, or the specification and design of a specially designed truck or trailer as appropriate.

(2) Shall assure that the transportation is in accordance with the applicable physical protection requirements of §§ 73.20, 73.25, 73.26, 73.27 and 73.70(g) of this chapter and the applicable approved transportation security plan.

90-029 0-82--33

(3) Shall be subject to § 73.80 of this chapter.

(e) Any person who possesses irradiated reactor fuel under this general license shall:

(1) assure or receive certification from the shipper that the transportation is in accordance with the applicable physical protection requirements of § 73.37 of this chapter; and

(2) comply with the reporting requirements of § 73.71 of this chapter.

[44 FR 26851, May 8, 1979, as amended at 44 FR 68186, Nov. 28, 1979; 46 FR 12696, Feb. 18, 19811

§ 70.20b General license for carriers of transient shipments of formula quantities of strategic special nuclear material.

(a) A general license is hereby issued to any person to possess transient shipments of formula quantities of special nuclear material of the types and quantities subject to the requirements of §§ 73.20, 73.25, 73.26, and 73.27 of this chapter from the time the shipment enters a United States port until it exits that port.

(b) Persons generally licensed under this section are exempt from the requirements of Parts 19 and 20 of this chapter, and the requirements of this part, except §§ 70.32 (a) and (b), 70.52, 70.55, 70.61 70.62, and 70.71.

(c) Persons generally licensed under this section shall provide physical protection for transient shipments of strategic special nuclear material, as defined in § 73.2(aa) of this chapter, in accordance with or equivalent to §§ 73.20(a), 73.20(b), and 73.25 of this chapter and comply with the requirements of §§ 73.70(g) and 73.71(b) of this chapter.

(d) Persons generally licensed under this section, who plan to carry transient shipments with scheduled stops at United States ports, shall notify the Director of the appropriate Nuclear Regulatory Commission Inspection and Enforcement Regional Office listed in Appendix A of Part 73 by U.S. Mail. The notification is to be received by the appropriate Director's office at least seven (7) calendar days before the first scheduled stop in the United States. The Director of the appropri

ate Nuclear Regulatory Commission Inspection and Enforcement Regional Office shall also be notified by telephone 7 days in advance of the shipping date that an advance shipping notice has been sent by mail, and of any changes to the shipment itinerary prior to the shipment date. The written notification must include the following information:

(1) Location of all scheduled stops in Unites States territory.

(2) Arrival and departure times for all scheduled stops in United States territory.

(3) The type of transport vehicle.

(4) The special nuclear material in the shipment (elements, isotopes, enrichments, etc.).

(5) The number and types of containers.

(6) The name and telephone number of the carrier's representative at each stopover location in United States territory.

(7) A physical protection plan for of implementing the requirements § 70.20b(c), which will include the use of armed personnel to protect the shipment during the time the shipment is in a United States port.

(e) Persons generally licensed under this section making unscheduled stops at United States ports, immediately after the decision to stop, shall:

(1) Provide to the Commission the information required under paragraph (d) of this section; and

(2) Arrange for local law enforcement authorities or trained and qualified private guards to protect the shipment during the stop.

(3) Implement these arrangements within a reasonable time after the arrival of the shipment at a United States port to remain in effect until the shipment exits the port. [46 FR 12194, Feb. 13, 1981]

LICENSE APPLICATIONS

§ 70.21 Filing.

(a) Applications for licenses should be filed in sextuplicate, provided that 25 copies of an application for a license to possess and use special nuclear material in a plutonium processing

and fuel fabrication plant shall be filed with the Director of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555. Applications may be filed in person at the Commission's offices at 1717 H. Street N.W., Washington, D.C.; or at 7920 Norfolk Avenue, Bethesda, Md. Information 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.

(e) Each application for a special nuclear material license, other than a license exempted from Part 170 of this chapter, shall be accompanied by the fee prescribed in § 170.31 of this chapter. No fee will be required to accompany an application for renewal or amendment of a license, except as provided in § 170.31 of this chapter.

(f) An application for a license to possess and use special nuclear material for processing and fuel fabrication, scrap recovery or conversion of uranium hexafluoride, commercial waste disposal by land burial or for the conduct of any other activity which the Commission determines will significantly affect the quality of the environment shall be filed at least 9 months prior to commencement of construction of the plant or facility in which the activity will be conducted,

and shall be accompanied by an Environmental Report required under Part 51 of this chapter.

(g) An applicant for a license to possess and use more than one effective kilogram of special nuclear material should file with the Commission the installation information described in § 75.11 of this chapter; and the applicant shall permit verification thereof by the International Atomic Energy Agency and take such other action as may be necessary to implement the US/IAEA Safeguards Agreement, in the manner set forth in §§ 75.6 and 75.11 through 75.14 of this chapter. The Commission will grant an exemption from the requirements of this paragraph, upon application, if it determines that the installation will not be included on the United States eligible list. The installation information should be filed at least 9 months prior to the date when the applicant desires to receive the special nuclear material (or earlier upon request by the Commission). Applicants who desire to receive the special nuclear material within 9 months after the effective date of this paragraph should submit the installation information as soon as possible.

[21 FR 764, Feb. 3, 1956, as amended at 23 FR 1122, Feb. 21, 1958; 31 FR 4670, Mar. 19, 1966; 33 FR 10924, Aug. 1, 1968; 34 FR 19546, Dec. 11, 1969; 36 FR 146, Jan. 6, 1971; 36 FR 12732, July 7, 1971; 37 FR 5749, Mar. 21, 1972; 38 FR 1272, Jan. 11, 1973; 39 FR 26286, July 18, 1974; 40 FR 8791, Mar. 3, 1975; 45 FR 50711, July 31, 1980]

§ 70.22 Contents of applications.1

(a) Each application for a license 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 citi

'The requirements contained in § 70.22 have been approved by GAO under B180225 (RO061). The approval expires on May 5, 1977.

zenship 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;

(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 effluents and wastes, storage facilities, criticality accident alarm systems, etc.);

(8) Proposed procedures to protect health and minimize danger to life or property (such as procedures to avoid accidental criticality, procedures for personnel monitoring and waste disposal, post-criticality accident emergency procedures, etc.).

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 and location special nuclear material in a quantity exceeding one effective kilogram of special nuclear material and to use such special nuclear material except those uses involved in the operation of

a nuclear reactor licensed pursuant to Part 50 of this chapter and those involved in a waste disposal operation, and as sealed sources, shall contain a full description of the applicant's program for control of and accounting for special nuclear material which will be in his possession under license, to show how compliance with the requirements of § 70.58 will be accomplished.

(c) [Reserved]

(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.

(f) Each application for a license to possess and use special nuclear material in a plutonium processing and fuel fabrication plant shall contain, in addition to the other information required by this section, a description of the plantsite, a description and safety assessment of the design bases of the principal structure, systems, and components of the plant, including provisions for protection against natural phenomena, and a description of the quality assurance program to be applied to the design, fabrication, construction, testing and operation of the structures, systems, and components of the plant.2

(g) Each application for a license that would authorize the transport or delivery to a carrier for transport of special nuclear material in an amount specified in § 73.1(b)(2) of this chapter shall include: (1) A description of the plan for physical protection of special nuclear material in transit in accordance with §§ 73.20, 73.25, 73.26, 73.27, and 73.67(a), (e) and (g) for 10 kg or

"The description of the quality assurance program should include a discussion of how the criteria in Appendix B of Part 50 of this chapter will be met.

more of special nuclear material of low strategic significance, and § 73.70(g) of this chapter including, as appropriate, a plan for the selection, qualification and training of armed escorts, or the specification and design of a specially designed truck or trailer, and (2) a licensee safeguards contingency plan or response procedures, as appropriate, for dealing with threats, thefts, and industrial sabotage relating to the special nuclear material in transit. Each application for such a license involving formula quantities of strategic special nuclear material shall include the first four categories of information contained in the applicant's safeguards contingency plan. (The first four categories of information, as set forth in Appendix C to 10 CFR Part 73, are Background, Generic Planning Base, Licensee Planning Base, and Responsibility Matrix. The fifth category of information, Procedures, does not have to be submitted for approval.)

=

(h) Each application for a license to possess or use at any site or contiguous sites subject to control by the licensee uranium-235 (contained in uranium enriched to 20 percent or more in the uranium-235 isotope), uranium233, or plutonium alone or in any combination in a quantity of 5,000 grams or more computed by the formula, grams (grams contained U-235)+2.5 (grams U-233+grams plutonium), other than a license for possession or use of such material in the operation of a nuclear reactor licensed pursuant to Part 50 of this chapter, shall include a physical security plan, consisting of two parts. Part I shall address vital equipment, vital areas, and isolation zones, and shall demonstrate how the applicant plans to meet the requirements of §§ 73.20, 73.40, 73.45, 73.46, 73.50, 73.60, 73.70, and 73.71 of this chapter in the conduct of the activity to be licensed including the identification and description of jobs as required by § 11.11(a) of this chapter. Part II shall list tests, inspections, and other means to demonstrate compliance with such requirements.

(i) Each application for a license to possess and use special nuclear material for processing and fuel fabrication, scrap recovery, or conversion of uranium hexafluoride shall contain, in addi

tion to the other information required by this section, plans for coping with emergencies.3

(j) Each application for a license to possess or use at any site or contiguous sites subject to control by the licensee uranium-235 (contained in uranium enriched to 20 percent or more in the uranium-235 isotope), uranium233, or plutonium alone or in any combination in a quantity of 5,000 grams or more computed by the formula, grams = (grams contained U-235) + 2.5 (grams U-233 + grams plutonium) other than a license for possession or use of such material in the operation of a nuclear reactor licensed pursuant to Part 50 of this chapter, shall inIclude a licensee safeguards contingency plan for dealing with threats, thefts, and industrial sabotage, as defined in Part 73, relating to nuclear facilities licensed under Part 50 or to the possession of special nuclear material licensed under Part 70 of this chapter. Each application for such a license shall include the first four categories of information contained in the applicant's safeguards contingency plan. (The first four categories of information, as set forth in Appendix C to 10 CFR Part 73, are Background, Generic Planning Base, Licensee Planning Base, and Responsibility Matrix. The fifth category of information, Procedures, does not have to be submitted for approval.

(k) Each application for a license to possess or use at any site or contiguous sites subject to control by the licensee special nuclear material of moderate strategic significance or 10 kg or more of special nuclear material of low strategic significance as defined under § 73.2 (x) and (y) of this chapter, other than a license for possession or use of such material in the operation of a nuclear power reactor licensed pursuant to Part 50 of this chapter, shall include a physical security plan which shall demonstrate how the applicant plans to meet the requirements of § 73.67 (d), (e), (f) and

3 Emergency plans shall contain the elements that are listed in Section IV, "Content of Emergency Plans," of Appendix E to Part 50 of this chapter.