[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR40.64]

[Page 644-645]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL--Table of Contents
 
Sec. 40.64  Reports.

    (a) Except as specified in paragraphs (d) and (e) of this section, 
each specific licensee who transfers, receives, or adjusts the 
inventory, in any manner, of uranium or thorium source material of 
foreign origin by 1 kilogram or more or who imports or exports 1 
kilogram of uranium or thorium source material of any origin shall 
complete a Nuclear Material Transaction Report in computer-readable 
format in accordance with instructions (NUREG/BR-0006 and NMMSS Report 
D-24 ``Personal Computer Data Input for NRC Licensees''). Copies of the 
instructions may be obtained from the U.S. Nuclear Regulatory 
Commission, Division of Fuel Cycle Safety and Safeguards, Washington, DC 
20555-0001. Each licensee who transfers the material shall submit a 
Nuclear Material Transaction Report in computer-readable format in 
accordance with instructions no later than the close of business the 
next working day. Each licensee who receives the material shall submit a 
Nuclear Material Transaction Report in computer-readable format in 
accordance with instructions within ten (10) days after the material is 
received. The Commission's copy of the report must be submitted to the 
address specified in the instructions. These prescribed computer-
readable forms replace the DOE/NRC Form 741 which has been previously 
submitted in paper form.
    (b) Except as specified in paragraphs (d) and (e) of this section, 
each licensee authorized to possess at any one time and location more 
than 1,000 kilograms of uranium or thorium, or any combination of 
uranium or thorium, shall submit to the Commission within 30 days after 
September 30 of each year a statement of its foreign origin source 
material inventory. This statement must be submitted to the address 
specified in the reporting instructions (NUREG/BR-0007), and include the 
Reporting Identification Symbol (RIS) assigned by the Commission to the 
licensee. Copies of the reporting instructions may be obtained by 
writing to the U.S. Nuclear Regulatory Commission, Division of 
Safeguards and Transportation, Washington, DC 20555.
    (c) Except as specified in paragraph (d) of this section, each 
licensee who is authorized to possess uranium or thorium pursuant to a 
specific license 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 15 pounds of such material at any one time or 
more than 150 pounds 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. A copy of 
such written report shall be sent to the Director, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555. Subsequent to the submission of the

[[Page 645]]

written report required by this paragraph, the licensee shall promptly 
inform the Director, Office of Nuclear Material Safety and Safeguards 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 source material.
    (d) The reports described in paragraphs (a), (b), and (c) of this 
section are not required for:
    (1) Processed ores containing less than five (5) percent of uranium 
or thorium, or any combination of uranium or thorium, by dry weight;
    (2) Thorium contained in magnesium-thorium and tungsten-thorium 
alloys, if the thorium content in the alloys does not exceed 4 percent 
by weight;
    (3) Chemical catalysts containing uranium depleted in the U-235 
isotope to 0.4 percent or less, if the uranium content of the catalyst 
does not exceed 15 percent by weight; or
    (4) Any source material contained in non-nuclear end use devices or 
components, including but not limited to permanently installed 
shielding, teletherapy, radiography, X-ray, accelerator devices, or 
munitions.
    (e) Any licensee who is required to submit inventory change reports 
and material status reports pursuant to part 75 of this chapter 
(pertaining to implementation of the US/IAEA Safeguards Agreement) shall 
prepare and submit such reports only as provided in Secs. 75.34 and 
75.35 of this chapter (instead of as provided in paragraphs (a) and (b) 
of this section).

[35 FR 12195, July 30, 1970, as amended at 36 FR 10938, June 5, 1971; 38 
FR 1272, Jan. 11, 1973; 38 FR 2330, Jan. 24, 1973; 40 FR 8787, Mar. 3, 
1975; 41 FR 16446, Apr. 19, 1976; 45 FR 50710, July 31, 1980; 49 FR 
24707, June 15, 1984; 51 FR 9766, Mar. 21, 1986; 52 FR 31611, Aug. 21, 
1987; 59 FR 35620, July 13, 1994]