(a) Source material;

(b) Facilities wherein source material is utilized or stored; (c) Radiation detection and monitoring instruments; and (d) Other equipment and devices used in connection with the utilization or storage of source material.

MODIFICATION AND REVOCATION OF LICENSES

$40.71 Modification, revocation and termination of licenses. (a) The terms and conditions of each license shall be subject to amendment, revision, or modification by reason of amendments to the Act, or by reason of rules, regulations, or orders issued in accordance with the Act.

(b) Any license may be revoked, suspended, or modified, in whole or in part, for any material false statement in the application or any statement of fact required under Section 182 of the Act, or because of conditions revealed by such application or statement of fact or any report, record, or inspection or other means which would warrant the Commission to refuse to grant a license on an original application, or for violation of, or failure to observe any of, the terms and conditions of the Act, or the license, or of any rule, regulation or order of the Commission.

(c) Except in cases of wilfulness or those in which the public health, interest or safety requires otherwise, no license shall be modified, suspended, or revoked unless, prior to the institution of proceeding therefor, facts or conduct which may warrant such action shall have been called to the attention of the licensee in writing and the licensee shall have been accorded opportunity to demonstrate or achieve compliance with all lawful requirements.

(d) The Commission may terminate a specific license upon request submitted by the licensee to the Commission in writing.

ENFORCEMENT

§ 40.81 Violations. An injunction or other court order may be obtained prohibiting any violation of any provision of the Act or any regulation or order issued thereunder. Any person who wilfully violates any provision of the Act or any regulation or order issued thereunder may be guilty of a crime and, upon conviction, may be punished by fine or imprisonment or both, as provided by law.

E. PART 50-LICENSING OF PRODUCTION AND UTILIZATION FACILITIES (Sections which have been reprinted in whole or in part are indicated in the index by an asterisk)

CLASSIFICATION AND DESCRIPTION OF LICENSES

Sec.

*50.20 Two classes of licenses.

*50.21 Class 104 licenses; for medical therapy and research and development

facilities.

*50.22 Class 103 licenses; for commercial and industrial facilities.

*50.23 Construction permits.

*50.24 Effect of finding of practical value upon licenses previously issued.

APPLICATIONS FOR LICENSES, FORM, CONTENTS, INELIGIBILITY OF CERTAIN APPLICANTS

*50.30 Applications for licenses, oath or affirmation.

*50.31 Combining applications.

*50.33 Contents of applications; general information.

*50.34 Contents of applications; technical information hazards summary report. *50.35 Extended time for providing technical information. *50.36 Designation of technical specifications. 50.37

50.38

Agreement limiting access to restricted data.

Ineligibility of certain applicants.

*50.39 Public inspection of applications.

STANDARDS FOR LICENSES AND CONSTRUCTION PERMITS

*50.40 Common standards.

*50.41

Additional standards for class 104 licenses.

*50.42 Additional standards for class 103 licenses.

*50.43 Additional standards and provisions affecting class 103 licenses for commercial power.

50.44 Standards for licenses authorizing export only.

*50.45 Standards for construction permits.

ISSUANCE, LIMITATIONS, AND CONDITIONS OF LICENSES AND CONSTRUCTION PERMITS

*50.50 Issuance of licenses and construction permits.

*50.51 Duration of license, renewal.

*50.52

*50.53

Combining licenses.

Jurisdictional limitations.

*50.54 Conditions of licenses.

*50.55 Conditions of construction permits.

*50.56 Conversion of construction permit to license; or amendment of license. *50.57

Provisional operating license.

*50.58 Hearing and reports of the Advisory Committee on Reactor Safeguards.

ALLOCATION OF SPECIAL NUCLEAR MATERIAL

50.60 Allocation of special nuclear material.

INSPECTIONS, RECORDS, REPORTS

*50.70 Inspections. *50.71

Maintenance of records, making of reports.

TRANSFER OF LICENSES-CREDITORS' RIGHTS: SURRENDER OF LICENSES

[§§ 50.80 to 50.89 reserved]

AMENDMENT OF LICENSE OF CONSTRUCTION PERMIT AT REQUEST OF HOLDER *50.90 Application for amendment of license or construction permit. *50.91 Issuance of amendment.

REVOCATION, SUSPENSION, MODIFICATION, AMENDMENTS OF LICENSES AND CONSTRUCTION PERMITS, EMERGENCY OPERATIONS BY THE COMMISSION

*50.100 Revocation, suspension, modification of licenses and construction permits for cause.

50.101 Retaking possession of special nuclear material.

50.102 Commission operation after revocation.

50.103 Suspension and operation in war or national emergency.

ENFORCEMENT

Sec.

50.110 Violations.

§ 50.1 Basic purpose, and procedure applicable. The regulations in this part are promulgated by the Atomic Energy Commission, pursuant to the Atomic Energy Act of 1954 (68 Stat. 919), to provide for the licensing of production and utilization facilities.

50.2. Definitions. As used in this part,

(a) "Production facility" means:

(1) Any nuclear reactor designed or used primarily for the formation of plutonium or uranium 233: or

(2) Any facility designed or used for the separation of the isotopes of uranium or the isotopes of plutonium, except laboratory scale facilities designed or used for experimental or analytical purposes only;

or

(3) Any facility designed or used for the processing of irradiated materials containing special nuclear material, except laboratory scale facilities designed or used for experimental or analytical purposes

only.

(b) "Utilization facility" means any nuclear reactor other than one designed or used primarily for the formation of plutonium or U-233.

[NOTE: Pursuant to sections 11p and 11v, respectively, of the Act, the Commission may from time to time add to, or otherwise alter, the foregoing definitions of production and utilization facility. It may also include as a facility an important component part especially designed for a facility, but has not at this time included any component parts in the definitions.]

(c) "Act" means the Atomic Energy Act of 1954 (68 Stat. 919) including any amendments thereto.

(d) "Agreement for cooperation" means any agreement with another nation or regional defense organization, authorized or permitted by sections 54, 57, 64, 82, 103, 104, or 144 of the act, and made pursuant to section 123 of the act.

(e) "Atomic energy" means all forms of energy released in the course of nuclear fission or nuclear transformation.

(f) "Atomic weapon" means any device utilizing atomic energy, exclusive of 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.

(g) "By-product material" means any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.

(h) "Commission" means the Atomic Energy Commission or its duly authorized representatives.

(i) "Common defense and security" means the common defense and security of the United States.

(j) "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.

(k) "Nuclear reactor" means an apparatus, other than an atomic weapon, designed or used to sustain nuclear fission in a self-supporting chain reaction.

(1) "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.

(m) "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.

(n) "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.

(o) "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.

(p) "Source material" means source material as defined in section 11s of the act and in the regulations contained in Part 40 of this chapter.

(q) "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. (r) "United States," when used in a geographical sense, includes all Terrorities and possessions of the United States, the Canal Zone, and Puerto Rico.

REQUIREMENT OF LICENSE, EXCEPTIONS

§ 50.10 License required. (a) Except as provided in § 50.11, no person within the United States shall transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, possess, use, import, or export any production or utilization facility except as authorized by a license issued by the Commission.

(b) No person shall begin the construction of a production or utilization facility on a site on which the facility is to be operated until a construction permit has been issued. As used in this paragraph, the term "construction" shall be deemed to include pouring the foundation for, or the installation of, any portion of the permanent facility on the site; but does not include:

(1) Site exploration, site excavation, preparation of the site for construction of the facility and construction of roadways, railroad spurs and transmission lines;

(2) Procurement or manufacture of components of the facility; (3) Construction of non-nuclear facilities (such as turbo-generators and turbine buildings) and temporary buildings (such as construction equipment storage sheds) for use in connection with the construction of the facility; and

(4) With respect to production or utilization facilities, other than testing facilities, required to be licensed pursuant to section 104 a. or section 104 c. of the Act, the construction of buildings which will be used for activities other than operation of a facility and which may also be used to house a facility. (For example, the construction of a college laboratory building with space for installation of a training reactor is not affected by this paragraph.)

§ 50.11 Exceptions and exemptions from license. Nothing in this part shall be deemed to require a license for:

(a) The manufacture, production, or acquisition by the Department of Defense of any utilization facility authorized pursuant to section 91 of the act, or the use of such facility by the Department of Defense or by a person under contract with and for the account of the Department of Defense;

(b) The processing, fabricating, or refining of special nuclear material, or the separation of special nuclear material, or the separation of special nuclear material from other substances, under contract with and for the account of the Commission;

(c) The construction or operation of production or utilization facilities under contract with and for the account of the Commission;

or

(d) The transportation or possession of any production or utilization facility by a common or contract carrier or warehouseman in the regular course of carriage for another or storage incident thereto.

CLASSIFICATION AND DESCRIPTION OF LICENSES

$ 50.20 Two classes of licenses. Licenses will be issued to named persons applying to the Commission therefor, and will be either class 104 or class 103.

§ 50.21 Class 104 licenses; for medical therapy and research and development facilities. A class 104 license will be issued, to an applicant who qualifies, for any one or more of the following: to transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, possess, use, import, or export under the terms of an agreement for cooperation:

(a) A utilization facility for use in medical therapy; or

(b) A production or utilization facility involved in the conduct of research and development activities leading to the demonstration of the practical value of the facility for industrial or commercial purposes; or

(c) A production or utilization facility, which is useful in the conduct of research and development activities of the types specified in