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PART 40—DOMESTIC LICENSING OF SOURCE MATERIAL

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General Provisions

Sec.

40.1 Purpose.

40.2 Scope.

40.2a Coverage of inactive tailings sites.

40.3 License requirements.

40.4 Definitions.

40.5 Communications.

40.6 Interpretations.

40.7 Employee protection.

40.8 Information collection requirements: OMB approval.

40.9 Completeness and accuracy of information.

40.10 Deliberate misconduct.

Exemptions

40.11 Persons using source material under certain Department of Energy and Nuclear Regulatory Commission contracts.

40.12 Carriers.

40.13 Unimportant quantities of source material.

40.14 Specific exemptions.

General Licenses

40.20 Types of licenses.

40.21 General license to receive title to source or byproduct material.

40.22 Small quantities of source material.

40.23 General license for carriers of transient shipments of natural uranium other than in the form of ore or ore residue.

40.24 [Reserved]

40.25 General license for use of certain industrial products or devices.

40.26 General license for possession and storage of byproduct material as defined in this part.

40.27 General license for custody and long-term care of residual radioactive material disposal sites.

40.28 General license for custody and long-term care of uranium or thorium byproduct materials disposal sites.

License Applications

40.31 Application for specific licenses.

40.32 General requirements for issuance of specific licenses.

40.33 Issuance of a license for a uranium enrichment facility.

40.34 Special requirements for issuance of specific licenses.

40.35 Conditions of specific licenses issued pursuant to § 40.34.

40.36 Financial assurance and recordkeeping for decommissioning.

40.38 Ineligibility of certain applicants.

Licenses

40.41 Terms and conditions of licenses.

40.42 Expiration and termination of licenses and decommissioning of sites and separate buildings or outdoor areas.

40.43 Renewal of licenses.

40.44 Amendment of licenses at request of licensee.

40.45 Commission action on applications to renew or amend.

40.46 Inalienability of licenses.

Transfer of Source Material

40.51 Transfer of source or byproduct material.

40.52 Certain items containing source material; requirements for license to apply or initially transfer.

40.53 Conditions for licenses issued for initial transfer of certain items containing source material: Quality control, labeling, and records and reports.

40.54 Requirements for license to initially transfer source material for use under the 'small quantities of source material' general license.

40.55 Conditions of licenses to initially transfer source material for use under the 'small quantities of source material' general license: Quality control, labeling, safety instructions, and records and reports.

40.56 Restrictions on the use of Australian-obligated source material.

Records, Reports, and Inspections

40.60 Reporting requirements.

40.61 Records.

40.62 Inspections.

40.63 Tests.

40.64 Reports.

40.65 Effluent monitoring reporting requirements.

40.66 Requirements for advance notice of export shipments of natural uranium.

40.67 Requirement for advance notice for importation of natural uranium from countries that are not party to the Convention on the Physical Protection of Nuclear Material.

Modification and Revocation of Licenses

40.71 Modification and revocation of licenses.

Enforcement

40.81 Violations.

40.82 Criminal penalties.

Appendix A to Part 40—Criteria Relating to the Operation of Uranium Mills and the Disposition of Tailings or Wastes Produced by the Extraction or Concentration of Source Material From Ores Processed Primarily for Their Source Material Content

Authority: Atomic Energy Act secs. 11(e)(2), 62, 63, 64, 65, 81, 161, 181, 182, 183, 186, 193, 223, 234, 274, 275 (42 U.S.C. 2014(e)(2), 2092, 2093, 2094, 2095, 2111, 2113, 2114, 2201, 2231, 2232, 2233, 2236, 2243, 2273, 2282, 2021, 2022); Energy Reorganization Act secs. 201, 202, 206 (42 U.S.C. 5841, 5842, 5846); Government Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. No. 109–59, 119 Stat. 594 (2005).

Section 40.7 also issued under Energy Reorganization Act sec. 211, Pub. L. 95–601, sec. 10, as amended by Pub. L. 102–486, sec. 2902 (42 U.S.C. 5851). Section 40.31(g) also issued under Atomic Energy Act sec. 122 (42 U.S.C. 2152). Section 40.46 also issued under Atomic Energy Act sec. 184 (42 U.S.C. 2234). Section 40.71 also issued under Atomic Energy Act sec. 187 (42 U.S.C. 2237).

Source: 26 FR 284, Jan. 14, 1961, unless otherwise noted.

[72 FR 63973, Nov. 14, 2007; 73 FR 63570, Oct. 24, 2008; 76 FR 35568, Jun. 17, 2011; 76 FR 69122, Nov. 8, 2011; 76 FR 78805, Dec. 20, 2011; 77 FR 39906, Jul. 6, 2012; 78 FR 32340, May 29, 2013]

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