[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR40.25]

[Page 650-651]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL--Table of Contents
 
Sec. 40.25  General license for use of certain industrial products or 
devices.

    (a) A general license is hereby issued to receive, acquire, possess, 
use, or transfer, in accordance with the provisions of paragraphs (b), 
(c), (d), and (e) of this section, depleted uranium contained in 
industrial products or devices for the purpose of providing a 
concentrated mass in a small volume of the product or device.
    (b) The general license in paragraph (a) of this section applies 
only to industrial products or devices which have been manufactured or 
initially transferred in accordance with a specific license issued 
pursuant to Sec. 40.34 (a) of this part or in accordance with a 
specific license issued by an Agreement State which authorizes 
manufacture of the products or devices for distribution to persons 
generally licensed by the Agreement State.
    (c)(1) Persons who receive, acquire, possess, or use depleted 
uranium pursuant to the general license established by paragraph (a) of 
this section shall file NRC Form 244, ``Registration Certificate--Use of 
Depleted Uranium Under General License,'' with the Director of the NRC's 
Division of Industrial and Medical Nuclear Safety, by an appropriate 
method listed in Sec. 40.5, with a copy to the appropriate NRC Regional 
Administrator. The form shall be submitted within 30 days after the 
first receipt or acquisition of such depleted uranium. The registrant 
shall furnish on Form NRC 244 the following information and such other 
information as may be required by that form:
    (i) Name and address of the registrant;
    (ii) A statement that the registrant has developed and will maintain 
procedures designed to establish physical control over the depleted 
uranium described in paragraph (a) of this section and designed to 
prevent transfer of such depleted uranium in any form, including metal 
scrap, to persons not authorized to receive the depleted uranium; and
    (iii) Name and/or title, address, and telephone number of the 
individual duly authorized to act for and on behalf of the registrant in 
supervising the

[[Page 651]]

procedures identified in paragraph (c)(1)(ii) of this section.
    (2) The registrant possessing or using depleted uranium under the 
general license established by paragraph (a) of this section shall 
report in writing to the Director, Division of Industrial and Medical 
Nuclear Safety, with a copy to the Regional Administrator of the 
appropriate U.S. Nuclear Regulatory Commission Regional Office listed in 
appendix D of part 20 of this chapter, any changes in information 
furnished by him in the Form NRC 244 ``Registration Certificate--Use of 
Depleted Uranium Under General License.'' The report shall be submitted 
within 30 days after the effective date of such change.
    (d) A person who receives, acquires, possesses, or uses depleted 
uranium pursuant to the general license established by paragraph (a) of 
this section:
    (1) Shall not introduce such depleted uranium, in any form, into a 
chemical, physical, or metallurgical treatment or process, except a 
treatment or process for repair or restoration of any plating or other 
covering of the depleted uranium.
    (2) Shall not abandon such depleted uranium.
    (3) Shall transfer or dispose of such depleted uranium only by 
transfer in accordance with the provisions of Sec. 40.51 of this part. 
In the case where the transferee receives the depleted uranium pursuant 
to the general license established by paragraph (a) of this section, the 
transferor shall furnish the transferee a copy of this section and a 
copy of Form NRC 244. In the case where the transferee receives the 
depleted uranium pursuant to a general license contained in an Agreement 
State's regulation equivalent to this section, the transferor shall 
furnish the transferee a copy of this section and a copy of Form NRC 244 
accompanied by a note explaining that use of the product or device is 
regulated by the Agreement State under requirements substantially the 
same as those in this section.
    (4) Within 30 days of any transfer, shall report in writing to the 
Director, Division of Industrial and Medical Nuclear Safety, with a copy 
to the Regional Administrator of the appropriate U.S. Nuclear Regulatory 
Commission Regional Office listed in appendix D of part 20 of this 
chapter, the name and address of the person receiving the source 
material pursuant to such transfer.
    (e) Any person receiving, acquiring, possessing, using, or 
transferring depleted uranium pursuant to the general license 
established by paragraph (a) of this section is exempt from the 
requirements of parts 19, 20 and 21 of this chapter with respect to the 
depleted uranium covered by that general license.

[41 FR 53331, Dec. 6, 1976, as amended at 42 FR 28896, June 6, 1977; 43 
FR 6923, Feb. 17, 1978; 43 FR 52202, Nov. 9, 1978; 52 FR 31611, Aug. 21, 
1987; 60 FR 24551, May 9, 1995; 68 FR 58807, Oct. 10, 2003]