[27 FR 1352, Feb. 14, 1962, as amended at 31 FR 15145, Dec. 2, 1966; 40 FR 8794, Mar. 3, 1975; 44 FR 55327, Sept. 26, 1979; 45 FR 18906, Mar. 24, 1980; 46 FR 44152, Sept. 3, 1981]

§ 150.4 Communications.

Except where otherwise specified in this part, all communications and reports concerning the regulations in this part should be addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555. Communications and reports may be delivered in person at the Commission's offices at 1717 H Street NW., Washington, D.C. 20555 or at 7920 Norfolk Avenue, Bethesda, Maryland.

[40 FR 8794, Mar. 3, 1975]

§ 150.5 Interpretations.

Except as specifically authorized by the Commission in writing, no interpretation of the meaning of the regulations in this part by an officer or employee of the Commission other than a written interpretation by the General Counsel will be recognized to be binding upon the Commission.

CONTINUED COMMISSION REGULATORY AUTHORITY IN OFFSHORE WATERS

§ 150.7 Persons in offshore waters not exempt.

Persons in offshore waters are not exempt from the Commission's licensing and regulatory requirements with respect to byproduct, source, and special nuclear materials.

[46 FR 44152, Sept. 3, 1981]

EXEMPTIONS IN AGREEMENT STATES

§ 150.10 Persons exempt.

Except as provided in §§ 150.15, 150.16, 150.17, 150.17a, 150.18, and 150.19, any person in an Agreement State who manufactures, produces, receives, possesses, uses, or transfers byproduct material, source material, or special nuclear material in quantities not sufficient to form a critical mass is exempt from the requirements for a license contained in Chapters 6, 7, and 8

(a) For the purposes of this part, special nuclear material in quantities not sufficient to form a critical mass means uranium enriched in the isotope U-235 in quantities not exceeding 350 grams of contained U-235; uranium-233 in quantities not exceeding 200 grams; plutonium in quantities not exceeding 200 grams; or any combination of them in accordance with the following formula: For each kind of special nuclear material, determine the ratio between the quantity of that special nuclear material and the quantity specified above for the same kind of special nuclear material. The sum of such ratios for all kinds of special nuclear materials in combination shall not exceed unity. For example, the following quantities in combination would not exceed the limitation and are within the formula, as follows: (175 (grams contained U-235/350)+(50 grams U-233)/200)+(50 grams Pu/ 200)=1

(b) To determine whether the exemption granted in § 150.10 applies to the receipt, possession or use of special nuclear material at any particular plant or other authorized location of use, a person shall include in the quantity computed according to paragraph (a) of this section the total quantity of special nuclear material which he is authorized to receive, possess or use at the plant or other location of use at any one time.

[27 FR 1352, Feb. 14, 1962, as amended at 30 FR 12069, Sept. 22, 1965]

90-029 0-82-49

CONTINUED COMMISSION REGULATORY AUTHORITY IN AGREEMENT STATES

§ 150.14 Commission regulatory authority for physical protection.

Persons in Agreement States possessing, using or transporting special nuclear material of low strategic significance in quantities greater than 15 grams of plutonium or uranium-233 or uranium-235 (enriched to 20 percent or more in the U-235 isotope) or any combination greater than 15 grams when computed by the equation grams=grams uranium-235+grams plutonium+grams uranium-233 shall meet the physical protection requirements of § 73.67 of 10 CFR Part 73.

(Sec. 53, 161i, Pub. L. 83-703, 68 Stat. 948, Pub. L. 93-377, 88 Stat. 475; sec. 201, Pub. L. 93-438, 88 Stat. 1242-1243, Pub. L. 94-79, 89 Stat. 413 (42 U.S.C. 2073, 2201, 5841))

[44 FR 43285, July 24, 1979, as amended at 44 FR 68199, Nov. 28, 1979]

§ 150.15 Persons not exempt.

(a) Persons in agreement States are not exempt from the Commission's licensing and regulatory requirements with respect to the following activities:

(1) The construction and operation of any production or utilization facility. As used in this subparagraph, "operation" of a facility includes, but is not limited to (i) the storage and hanIdling of radioactive wastes at the facility site by the person licensed to operate the facility, and (ii) the discharge of radioactive effluents from the facility site.

(2) The export from or import into the United States of byproduct, source, or special nuclear material, or of any production or utilization facility.

(3) The disposal into the ocean or sea of byproduct, source, or special nuclear waste materials, as defined in regulations or orders of the Commission. For purposes of this part, ocean or sea means any part of the territorial waters of the United States and any part of the international waters.

(4) The transfer, storage or disposal of radioactive waste material resulting from the separation in a production facility of special nuclear material from irradiated nuclear reactor fuel. This subparagraph does not apply to

the transfer, storage or disposal of contaminated equipment.

(5) The disposal of such other byproduct, source, or special nuclear material as the Commission determines by regulation or order should, because of the hazards or potential hazards thereof, not be so disposed of without a license from the Commission.

(6) The transfer of possession or control by the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing source material or byproduct material whose subsequent possession, use, transfer, and disposal by all other persons are exempted from licensing and regulatory requirements of the Commission under Parts 30 and 40 of this chapter.

(7) The storage of spent fuel in an independent spent fuel storage installation (ISFSI) licensed pursuant to Part 72 of this chapter.

(b) Notwithstanding any exemptions provided in this part, the Commission may from time to time by rule, regulation, or order, require that the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing source, byproduct, or special nuclear material shall not transfer possession or control of such product except pursuant to a license or an exemption from licensing issued by the Commission.

(Secs. 11e(2), 81, 83, 84, 161b, 174, Pub. L. 83-703; 68 Stat. 948 et seq. (42 U.S.C. 2014e(2), 2111, 2113, 2114, 2201b, 2021; sec. 22, Pub. L. 96-106))

[27 FR 1352, Feb. 14, 1962, as amended at 34 FR 7369, May 7, 1969; 45 FR 12377, Feb. 26, 1980; 45 FR 74712, Nov. 12, 1980; 45 FR 80271, Dec. 4, 1980]

§ 150.15a Continued Commission authority pertaining to byproduct material. (a) Prior to the termination of any Agreement State license for byproduct material as defined in § 150.3(c)(2) of this part, or for any activity that results in the production of such material, the Commission shall have made a determination that all applicable standards and requirements pertaining to such material have been met.

(b) After November 8, 1981, the Commission reserves the authority to establish minimum standards regard

ing reclamation, long term surveillance (i.e., continued site observation, monitoring and, where necessary, maintenance), and ownership of byproduct material as defined in § 150.3(c)(2) of this part and of land used as a disposal site for such material. Such reserved authority includes:

(1) Authority to establish such terms and conditions as the Commission determines necessary to assure that, prior to termination of any license for byproduct material as defined in § 150.3(c)(2) of this part, or for any activity that results in the production of such material, the licensee shall comply with decontamination, decommissioning, and reclamation standards prescribed by the Commission; and with ownership requirements for such materials and its disposal site;

(2) The authority to require that prior to termination of any license for byproduct material as defined in § 150.3(c)(2) of this part, or for any activity that results in the production of such material, that title to such byproduct material and its disposal site be transferred to the United States or the State in which such material and land is located, at the option of the State (provided such option is exercised prior to termination of the license);

(3) The authority to permit use of the surface or subsurface estates, or both, of the land transferred to the United States or a State pursuant to paragraph (b)(2) of this section in a manner consistent with the provisions of the Uranium Mill Tailings Radiation Control Act of 1978, provided that the Commission determines that such use would not endanger the public health, safety, welfare, or the environment;

(4) The authority to require, in the case of a license for any activity that produces such byproduct material (which license was in effect on November 8, 1981) transfer of land and material pursuant to paragraph (b)(2), of this section, taking into consideration the status of such material and land and interests therein, and the ability of the licensee to transfer title and custody thereof to the United States or a State.

(5) The authority to require the Secretary of the Department of Energy,

other Federal agency, or State, whichever has custody of such property and materials, to undertake such monitoring, maintenance and emergency measures as are necessary to protect the public health and safety and other actions at the Commission deems necessary to comply with the standards promulgated pursuant to the Uranium Mill Tailings Radiation Control Act of 1978; and

(6) The authority to enter into arrangements as may be appropriate to assure Federal long term surveillance (i.e., continued site observation, monitoring, and where necessary, maintenance) of such disposal sites on land held in trust by the United States for any Indian tribe or land owned by an Indian tribe and subject to a restriction against alienation imposed by the United States.

(Secs. 11e(2), 81, 83, 84, 161b, 1610, 161x, 274; Pub. L. 83-703 as amended by Title II of Pub. L. 95-604, 68 Stat. 919 et seq., 92 Stat. 3021 et seq. (42 U.S.C. 2014e(2), 2111, 2113, 2114, 2201b, 2201x, 2021)

[45 FR 65536, Oct. 3, 1980]

CONTINUED COMMISSION AUTHORITY IN AGREEMENT STATES

§ 150.16 Submission to Commission of nuclear material transfer reports.

(a) Each person who transfers and each person who receives special nuclear material pursuant to an Agreement State license shall complete and distribute Nuclear Material Transaction Reports on Form NRC-741, in accordance with printed instructions for completing the form, whenever he transfers or receives a quantity of special nuclear material of 1 gram or more of contained uranium-235, uranium-223, or plutonium. Each person who transfers such material shall submit a copy of Form NRC-741 to the U.S. Department of Energy, P.O. Box E, Oak Ridge, Tennessee 37830, and three (3) copies to the receiver of the material promptly after the transfer takes place. Each person who receives special nuclear material shall submit a copy of form NRC-741 to the U.S. Department of Energy and to the shipper of the material within ten (10) days after the special nuclear material is received.

(b) Each person who, pursuant to an Agreement State License, possesses 1 gram or more of contained uranium235, uranium-233, or plutonium shall report immediately to the Director of the appropriate Inspection and Enforcement Regional Office, listed in Appendix A of Part 73 of this chapter, by telephone, any theft or other unlawful diversion of special nuclear material which he is licensed to possess or any incident in which an attempt has been made, or is believed to have been made, to commit a theft or unlawful diversion of such material. The initial report shall be followed within a period of fifteen (15) days by a written report submitted to the appropriate NRC Regional Office shown in Appendix A of Part 73 of this chapter, which sets forth the details of the incident. Copies of such written report shall be sent to the Director of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555. Subsequent to the submission of the written report required by this paragraph, each licensee shall promptly inform the Director of the appropriate Inspection and Enforcement Regional Office by means of a written report of any substantive additional information which becomes available to such person concerning an attempted or apparent theft, or unlawful diversion of special nuclear material.

[39 FR 39559, Nov. 8, 1974, as amended at 41 FR 16447, Apr. 19, 1976; 42 FR 43966, Sept. 1, 1977]

§ 150.17 Submission to Commission of source material reports.

(a) Except as specified in paragraph (d) of this section, each person who, pursuant to an Agreement State License, transfers or receives at any one time 1,000 kilograms or more of uranium or thorium, or any combination thereof, shall complete and distribute a Nuclear Material Transaction Report on Form NRC-741, in accordance with the printed instructions for completing the form. Each person who transfers such material shall submit a completed copy of Form NRC-741 to the U.S. Department of Energy, P.O. Box E, Oak Ridge, Tennessee 37830, and three (3) copies to the receiver of the material promptly after the trans

fer takes place. Each person who receives such material shall submit a completed copy of Form NRC-741 to the U.S. Department of Energy and to the shipper of the material within ten (10) days after the material is received.

(b) Except as specified in paragraph (d) of this section, each person who is authorized to possess at any one time and location, pursuant to an Agreement State license, more than 1,000 kilograms of uranium or thorium, or any combination thereof, shall submit to the Commission within thirty (30) days after September 30 of each year, a statement of his source material inventory. The reports shall be submitted to the U.S. Department of Energy, Post Office Box E, Oak Ridge, Tennessee 37830, and shall include the Reporting Identification Symbol (RIS) assigned by the Commission to such person.

(c) Except as specified in paragraph (d) of this section, each person who is authorized to possess uranium or thorium pursuant to a specific license from an Agreement State shall report promptly to the appropriate NRC Regional Office shown in Appendix D of Part 20 of this chapter by telephone and telegraph, mailgram, or facsimile any incident in which an attempt has been made or is believed to have been made to commit a theft or unlawful diversion of more than 15 pounds of such material at any one time or more than 150 pounds of such material in any one calendar year. The initial report shall be followed within a period of fifteen (15) days by a written report submitted to the appropriate NRC Regional Office which sets forth the details of the incident and its consequences. Copies of such written report shall be sent to the Director of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555. Subsequent to the submission of the written report required by this paragraph, each person subject to the provisions of this paragraph, shall promptly inform the appropriate NRC Regional Office by means of a written report of any substantive additional information, which becomes available to such person, concerning an attempted or apparent theft or unlawful diversion of source material.

(d) The reports described in paragraphs (a), (b), and (c) of this section are not required for

(1) Processed ores containing less than five (5) percent of uranium or thorium, or any combination thereof, by dry weight;

(2) Thorium contained in magnesium-thorium and tungsten-thorium alloys, provided that the thorium content in the alloys does not exceed 4 percent by weight; or

(3) Chemical catalysts containing uranium depleted in U235 isotope to 0.4 percent or less, provided that the uranium content of the catalyst does not exceed 15 percent by weight.

[35 FR 12196, July 30, 1970, as amended at 36 FR 10938, June 5, 1971; 38 FR 2330, Jan. 24, 1973; 41 FR 16448, Apr. 19, 1976; 42 FR 33266, June 30, 1977]

§ 150.17a Compliance with requirements of US/IAEA safeguards agreement. (a) For purposes of this section, the terms "effective kilogram", "ore processing", "installation", and "United States eligible list" have the meaning set forth in § 75.4 of this chapter.

(b) Each person who, pursuant to an Agreement State License, is authorized to possess source material in amounts greater than one effective kilogram (except in ore processing) is subject to the provisions of Part 75 of this chapter and shall comply with its applicable provisions. However, with respect to such persons, the Commission will issue orders under section 274m. of the Act instead of making license amendments; and, to the extent Part 75 refers to license amendments and license conditions, such references shall be deemed, for purposes of this paragraph, to refer to orders under section 274m. of the Act.

(c) An applicant for an Agreement State License authorizing possession of source material in amounts greater than one effective kilogram (except in ore processing) shall file with the Commission, at least 9 months prior to the date when the applicant desires to receive such source material or earlier upon request by the Commission, the installation information described in § 75.11 of this chapter (except that in the case of applicants who desire to reIceive the source material within 9 months after the effective date of this

section, the installation information shall be submitted as soon as possible) and the applicant shall permit verification 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, 75.11 through 75.14 of this chapter. The Commission will grant an exemption from this requirement, upon application, if it determines that the installation will not be included on the United States eligible list.

[45 FR 50718, July 31, 1980]

§ 150.19 Submission to Commission of tritium reports.

(a) [Reserved]

than

(b) Except as specified in paragraph (d) of this section, each person who, pursuant to an Agreement State license, is authorized to possess at any one time and location more 10,000 curies of tritium shall submit to the Commission within thirty (30) days after March 31 and September 30 of each year, a statement of his tritium inventory to the nearest hundredth of a gram calculated at 10,000 curies per gram. The reports shall be submitted to the U.S. Department of Energy, Post Office Box E, Oak Ridge, TN 37830, and shall include the Reporting Identification Symbol (RIS) assigned by the Commission to such person.

(c) Except as specified in paragraph (d) of this section, each person who, pursuant to an Agreement State license, is authorized to possess tritium shall report promptly to the appropriate NRC Regional Office as shown in Appendix D of Part 20 of this chapter by telephone and telegraph, mailgram, or facsimile any incident in which an attempt has been made or is believed to have been made to commit a theft or unlawful diversion of more than 10 curies of such material at any one time or 100 curies of such material in any one calendar year. The initial report shall be followed within a period of fifteen (15) days by a written report submitted to the appropriate NRC Regional Office which sets forth the details of the incident and its consequences. Copies of such written report shall be sent to the Director of