10 C.F.R. Subpart C—General Licenses
Title 10 - Energy
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 FR 5884, May 5, 1964] (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) 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 or the Atomic Energy 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 that holds a specific license issued by the Commission that authorizes it to receive, possess, use, or 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 or the Atomic Energy 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 or initially transferred in accordance with the specifications contained in a specific license issued pursuant to §70.39 or in accordance with the specifications contained in a specific license issued 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, 70.50, 70.55, 70.56, 70.61, 70.62, and 70.71; the provisions of §§74.11, and 74.19 of this chapter; and to the provisions of parts 19, 20, and 21 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:1 1 Sources generally licensed under this section prior to January 19, 1975 may bear labels authorized by the regulations in effect on January 1, 1975.
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 Nuclear Regulatory 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. 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. [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; 48 FR 32329, July 15, 1983; 56 FR 40769, Aug. 16, 1991; 57 FR 33428, July 29, 1992; 67 FR 78142, Dec. 23, 2002] 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] (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 United States Department of Energy are also exempt from the requirements of this section. The general license is subject to the applicable provisions of §§70.7(a) through (e), 70.32(a) and (b), and §§70.42, 70.52, 70.55, 70.61, 70.62, 70.71, and 10 CFR 74.11. (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 36, 39, 40, 50, 72, 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. (3) Shall be subject to part 26 and §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, 1981; 47 FR 30458, July 14, 1982; 53 FR 31682, Aug. 19, 1988; 58 FR 7737, Feb. 9, 1993; 58 FR 31471, June 3, 1993; 67 FR 78142, Dec. 23, 2002] (a) A general license is hereby issued to any person to possess transient shipments of the following kinds and quantities of special nuclear material: (1) A formula quantity 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. (2) Special nuclear material of moderate and low strategic significance of the types and quantities subject to the requirements of §73.67 of this chapter. (3) Irradiated reactor fuel of the type and quantity subject to the requirements of §73.37 of this chapter. (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 to possess a transient shipment of special nuclear material of the kind and quantity specified in paragraph (a)(1) of this section shall provide physical protection for that shipment in accordance with or equivalent to §§73.20(a), 73.20(b), 73.25, and 73.71(b) of this chapter from the time a shipment enters a United States port until it exits that or another United States port. (d) Persons generally licensed under this section to possess a transient shipment of special nuclear material of moderate or low strategic significance of the kind and quantity specified in paragraph (a)(2) of this section shall provide physical protection for that shipment in accordance with or equivalent to §73.67 of this chapter and shall comply with the requirements of §73.71(b) of this chapter. (e) Persons generally licensed under this section to possess a transient shipment of irradiated reactor fuel of the kind and quantity specified in paragraph (a)(3) of this section shall provide physical protection for that shipment in accordance with or equivalent to §73.37 of this chapter and shall comply with the requirements of §73.71(b) of this chapter. (f)(1) Persons generally licensed under this section, who plan to carry transient shipments with scheduled stops at United States ports, shall notify in writing the Director, Division of Nuclear Security, Office of Nuclear Security and Incident Response, using an appropriate method listed in §70.5(a). Classified notifications shall be sent to the NRC headquarters classified mailing address listed in appendix A to part 73 of this chapter. (2) A person generally licensed under this section shall assure that: (i) The notification will be received at least 10 days before transport of the shipment commences at the shipping facility; (ii) The NRC Headquarters Operations Center shall be notified by telephone at least 2 days before commencement of the shipment at the numbers listed in appendix A to part 73 of this chapter. Classified notifications shall be made by secure telephone. (iii) The NRC Headquarters Operations Center shall be notified by telephone of schedule changes greater than ±6 hours at the numbers listed in appendix A to part 73 of this chapter. Classified notifications shall be made by secure telephone. (3) Persons who are generally licensed under paragraph (a)(1) of this section must include the information listed in paragraphs (f)(3)(i) through (ix) of this section. Persons who are generally licensed under §70.20b(a)(2) and §70.20b(a)(3) must include the information listed in paragraphs (f)(3) (i) through (viii) of this section. (i) Location of all scheduled stops in United States territory; (ii) Arrival and departure times for all scheduled stops in United States territory; (iii) The type of transport vehicle; (iv) A physical description of the shipment (elements, isotopes, and enrichments); (v) The number and types of containers; (vi) The name and telephone number of the carrier's representative at each stopover location in United States territory; (vii) The estimated time and date that shipment will commence and that each country (other than the United States) along the route is scheduled to be entered; (viii) For shipments between countries that are not party to the Convention on the Physical Protection of Nuclear Material, provide assurances, as far as is practicable, that this nuclear material will be protected during international transport at levels described in Annex I to that Convention (see appendices E and F of part 73 of this chapter); and (ix) A physical protection plan for implementing the requirement of §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. (g) Persons generally licensed under this section making unscheduled stops at United States ports, immediately after the decision to make an unscheduled stop, shall: (1) Provide to the Director, Division of Nuclear Security, Office of Nuclear Security and Incident Response, the information required under paragraph (f) of this section. (2) In the case of persons generally licensed under paragraph (a)(1) of this section, arrange for local law enforcement authorities or trained and qualified private guards to protect the shipment during the stop. (3) In the case of persons generally licensed under paragraph (a)(2) of this section, arrange for the shipment to be protected as required in §73.67(e) of this chapter. (4) In the case of persons generally licensed under paragraph (a)(3) of this section, arrange for the shipment to be protected as required in §73.37(e) of this chapter. (5) 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 that or another United States port. [52 FR 9652, Mar. 26, 1987, as amended at 60 FR 24552, May 9, 1995; 67 FR 3585, Jan. 25, 2002; 68 FR 14529, Mar. 26, 2003; 68 FR 23575, May 5, 2003; 68 FR 58817, Oct. 10, 2003]
Title 10: Energy
PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
Subpart C—General Licenses
§ 70.18 Types of licenses.
§ 70.19 General license for calibration or reference sources.
§ 70.20 General license to own special nuclear material.
§ 70.20a General license to possess special nuclear material for transport.
§ 70.20b General license for carriers of transient shipments of formula quantities of strategic special nuclear material, special nuclear material of moderate strategic significance, special nuclear material of low strategic significance, and irradiated reactor fuel.
