pertaining to the retention period for the same type of record, the retention period specified in the regulations in this part and Parts 31 through 35 of this chapter for such records shall apply unless the Commission, pursuant to § 30.11, has granted a specific exemption from the record retention requirements specified in the regulations in this part or Parts 31 through 35 of this chapter.

[41 FR 18301, May 5, 1976, as amended at 43 FR 6922, Feb. 17, 1978; 48 FR 32328, July 15, 1983]

§ 30.52 Inspections.

(a) Each licensee shall afford to the Commission at all reasonable times opportunity to inspect byproduct material and the premises and facilities wherein byproduct material is used or stored.

(b) Each licensee shall make available to the Commission for inspection, upon reasonable notice, records kept by him pursuant to the regulations in this chapter.

§ 30.53 Tests.

Each licensee shall perform, or permit the Commission to perform, such tests as the Commission deems appropriate or necessary for the administration of the regulations in this part and Parts 31 through 35 of this chapter, including tests of:

(a) Byproduct material;

(b) Facilities wherein byproduct 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 byproduct material.

[30 FR 8185, June 26, 1965, as amended by 43 FR 6922, Feb. 17, 1978; 48 FR 32328, July 15, 1983]

§ 30.55 Tritium reports.

(a) [Reserved]

(b) Except as specified in paragraph (d) and (e) of this section, each licensee who is authorized to possess at any one time and location more than 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 Department of Energy, Post Office Box E, Oak Ridge, Tennessee 37830, and shall include the Reporting Identification Symbol (RIS) assigned by the Commission to the licensee.

(c) Except as specified in paragraph (d) of this section, each licensee who is authorized to possess tritium shall report promptly to the appropriate NRC Regional Office listed 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 more than 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 Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555. Subsequent to the submission of the written report required by this paragraph, the licensee shall promptly inform the Office of Inspection and Enforcement by means of a written report of any substantive additional information, which becomes available to the licensee, concerning an attempted or apparent theft or unlawful diversion of tritium.

(d) The reports described in this section are not required for tritium possessed pursuant to a general license provided in Part 31 of this chapter or for tritium contained in spent fuel.

(e) The reports described in paragraph (b) of this section are not required for (1) tritium produced or possessed within a production or utilization facility incidental to the operation of the facility, other than tritium intentionally produced by or recovered from a production or utilization facility for any subsequent use.

[37 FR 9208, May 6, 1972, as amended at 38 FR 1271, Jan. 11, 1973; 38 FR 2330, Jan. 24,

(a) A licensee may perform well-logging operations with a sealed source only after the licensee executes a written agreement with the well owner or operator that, within thirty (30) days after a well-logging source has been classified as irretrievable, the following requirements will be implemented:

(1) Each irretrievable well-logging source must be immobilized and sealed in place with a cement plug.

(2) A whipstock or other deflection device must be set at some point in the well above the cement plug, unless the cement plug and source are not accessible to any subsequent drilling operations.

(3) A permanent identification plaque, constructed of long lasting material such as stainless steel, brass, bronze, or monel, must be mounted at the surface of the well, unless the mounting of the plaque is not practical. The plaque must contain:

(i) The word "CAUTION";

(ii) A radiation symbol (the color requirement need not be met);

(iii) The date the source was abandoned;

(iv) The name of the well owner or well operator;

(v) The well name and well identification number(s) or other designation; (vi) An identification of the sealed source(s) by radionuclide and quantity of activity;

(vii) The depth of the source and depth to the top of the plug; and

(viii) An appropriate warning. (b) When a well-logging source becomes irretrievable, the licensee shall:

(1) Notify the Regional Administrator of the appropriate NRC Regional Office listed in Appendix D of Part 20 of this chapter of the circumstances of the loss by telephone; and

(2) Obtain approval to implement abandonment procedures.

(c) The licensee shall, within 30 days after a well-logging source has been classified as irretrievable, make a report in writing to the appropriate NRC Regional Office listed in Appen

dix D of Part 20 of this chapter. The licensee shall send a copy of the report to each appropriate State agency that has authority over the particular welldrilling operation. The report must contain the following information: (1) Date of occurrence.

(2) A description of the irretrievable well-logging source involved, including radionuclide, quantity, and chemical and physical form.

(3) Surface location and identification of well.

(4) Results of efforts to immobilize and seal the source in place.

(5) Depth of source.

(6) Depth of the top of the cement plug.

(7) Depth of the well.

(8) Any other information (e.g., warning statement) contained on the permanent identification plaque.

(9) Notifications made to State agencies.

(10) A brief description of the attempted recovery efforts.

(d) Any licensee or applicant for a license may apply to the Commission for approval of proposed procedures to abandon an irretrievable well-logging source in a manner not otherwise authorized in paragraph (a) of this section.

[48 FR 39038, Aug. 29, 1983]

(a) The terms and conditions of each license issued pursuant to the regulations in this part and Parts 31 through 35 of this chapter shall be subject to amendment, revision or modification by reason of amendments to the Act, or by reason of rules, regulations and orders issued in accordance with the terms of 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 li

cense on an original application, or for violation of, or failure to observe any of the terms and provisions of the Act or of any rule, regulation or order of the Commission.

(c) Except in cases of willfulness 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 proceedings 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 an opportunity to demonstrate or achieve compliance with all lawful requirements.

[30 FR 8185, June 26, 1965, as amended at 35 FR 11460, July 17, 1970; 43 FR 6922, Feb. 17, 1978; 48 FR 32328, July 15, 1983]

§ 30.62 Right to cause the withholding or recall of byproduct material.

The Commission may cause the withholding or recall of byproduct material from any licensee who is not equipped to observe or fails to observe such safety standards to protect health as may be established by the Commission, or who uses such materials in violation of law or regulation of the Commission, or in a manner other than as disclosed in the application

§ 30.70 Schedule A-exempt concentrations.

therefor or approved by the Commission.

[30 FR 8185, June 26, 1965, as amended at 40 FR 8785, Mar. 3, 1975]

§ 30.63 Violations.

An injunction or other court order may be obtained prohibiting any violation of any provision of the Atomic Energy Act of 1954, as amended, or Title II of the Energy Reorganization Act of 1974, or any regulation or order issued thereunder. A court order may be obtained for the payment of a civil penalty imposed pursuant to section 234 of the Act for violation of section 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109 of the Act, or section 206 of the Energy Reorganization Act of 1974, or any rule, regulation, or order issued thereunder, or any term, condition, or limitation of any license issued thereunder, or for any violation for which a license may be revoked under section 186 of the Act. Any person who willfully 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.

[40 FR 8785, Mar. 3, 1975]

SCHEDULES