U.S. Nuclear Regulatory Commission
Authorizations Under 10 CFR 40.22, General License
Title: Authorizations Under 10 CFR 40.22, General License
See the memorandum from J. Hickey to files dated September
3, 1986. 10 CFR 40.22 allows each facility of the same
company to possess and/or manufacture up to 15 pounds of
source material under a general license. A general
licensee does not need an exempt distribution ("E") license
to distribute exempt products. Receivers of products from
a general licensee may or may not be licensed.
On August 26, 1986, discussions were held with the Office
of General Counsel concerning the provisions of 10 CFR
Section 40.22, "Small quantities of source material", and
how it would apply to a manufacturer operating multiple
facilities. Section 40.22 allows organizations (but not
individuals) to possess up to 15 pounds of source material
(thorium or natural uranium) under general license, subject
to restrictions. A summary of the issues discussed is
1. If a company operates several facilities in several
locations, can each facility possess up to 15 pounds of
source material under general license?
Yes. NRC has normally considered separate facilities to be
separate general licensees, even if both facilities are in
different parts of the same city. By the same token, a
separate facility can be a general licensee and be covered
by the exemption in 40.22 (b), even if the same company
holds a specific Part 40 license at another facility.
2. Does Section 40.22 allow manufacturing of products
containing source material?
Section 40.22 does not appear to have originally intended
to authorize manufacturing. However, the regulation is so
broad, allowing "commercial or operational" use, that NRC
has interpreted it to allow manufacturing.
3. Do persons who receive products from a general
licensee have to be licensed?
It depends on the product. A customer can receive an
exempt product (such as a gas mantel or a lamp) without a
license, or may qualify for the general license to possess
a non-exempt product.
4. Do general licensees distributing exempt products
have to have an exempt distribution ("E") license?
No. Section 40.13 allows transfer of exempt products and
does not prohibit commercial distribution (as opposed to
30.18 (c), which prohibits unlicensed commercial
distribution of exempt quantities of byproduct material).
Although 40.13 does not appear to have been intended to
allow exempt commercial distribution, its wording allows
it. Section 40.13 does prohibit manufacturing, which must
be covered by a general (40.22) license or specific license.
Regulatory references: 10 CFR 40.22
Subject codes: 11.2, 11.6
Applicability: Source Material