[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: 10CFR40.35]

[Page 658-659]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL--Table of Contents
 
Sec. 40.35  Conditions of specific licenses issued pursuant to Sec. 40.34.

    Each person licensed pursuant to Sec. 40.34 shall:
    (a) Maintain the level of quality control required by the license in 
the manufacture of the industrial product or device, and in the 
installation of the depleted uranium into the product or device;
    (b) Label or mark each unit to: (1) Identify the manufacturer or 
initial transferor of the product or device and the number of the 
license under which the product or device was manufactured or initially 
transferred, the fact that the product or device contains depleted 
uranium, and the quantity of depleted uranium in each product or device; 
and (2) state that the receipt, possession, use, and transfer of the 
product or device are subject to a general license or the equivalent and 
the regulations of the U.S. NRC or of an Agreement State;
    (c) Assure that the depleted uranium before being installed in each 
product or device has been impressed with the

[[Page 659]]

following legend clearly legible through any plating or other covering: 
``Depleted Uranium'';
    (d)(1) Furnish a copy of the general license contained in Sec. 
40.25 and a copy of Form NRC 244 to each person to whom he transfers 
source material in a product or device for use pursuant to the general 
license contained in Sec. 40.25; or
    (2) Furnish a copy of the general license contained in the Agreement 
State's regulation equivalent to Sec. 40.25 and a copy of the Agreement 
State's certificate, or alternately, furnish a copy of the general 
license contained in Sec. 40.25 and a copy of Form NRC 244 to each 
person to whom he transfers source material in a product or device for 
use pursuant to the general license of an Agreement State. If a copy of 
the general license in Sec. 40.25 and a copy of Form NRC 244 are 
furnished to such person, they shall be 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 Sec. 40.25; and
    (e)(1) Report to the Director of the Office of Nuclear Material 
Safety and Safeguards, by an appropriate method listed in Sec. 40.5, 
all transfers of industrial products or devices to persons for use under 
the general license in Sec. 40.25. Such report shall identify each 
general licensee by name and address, an individual by name and/or 
position who may constitute a point of contact between the Commission 
and the general licensee, the type and model number of device 
transferred, and the quantity of depleted uranium contained in the 
product or device. The report shall be submitted within 30 days after 
the end of each calendar quarter in which such a product or device is 
transferred to the generally licensed person. If no transfers have been 
made to persons generally licensed under Sec. 40.25 during the 
reporting period, the report shall so indicate;
    (2) Report to the responsible Agreement State Agency all transfers 
of industrial products or devices to persons for use under the general 
license in the Agreement State's regulation equivalent to Sec. 40.25. 
Such report shall identify each general licensee by name and address, an 
individual by name and/or position who may constitute a point of contact 
between the Agency and the general licensee, the type and model number 
of device transferred, and the quantity of depleted uranium contained in 
the product or device. The report shall be submitted within 30 days 
after the end of each calendar quarter in which such product or device 
is transferred to the generally licensed person. If no transfers have 
been made to a particular Agreement State during the reporting period, 
this information shall be reported to the responsible Agreement State 
Agency;
    (3) Keep records showing the name, address, and a point of contact 
for each general license to whom he or she transfers depleted uranium in 
industrial products or devices for use pursuant to the general license 
provided in Sec. 40.25 or equivalent regulations of an Agreement State. 
The records must be retained for three years from the date of transfer 
and must show the date of each transfer, the quantity of depleted 
uranium in each product or device transferred, and compliance with the 
report requirements of this section.
    (f) Licensees required to submit emergency plans by Sec. 40.31(i) 
shall follow the emergency plan approved by the Commission. The licensee 
may change the plan without Commission approval if the changes do not 
decrease the effectiveness of the plan. The licensee shall furnish the 
change to the Director of the Office of Nuclear Material Safety and 
Safeguards, by an appropriate method listed in Sec. 40.5, and to 
affected offsite response organizations, within six months after the 
change is made. Proposed changes that decrease the effectiveness of the 
approved emergency plan may not be implemented without application to 
and prior approval by the Commission.

[41 FR 53332, Dec. 6, 1976, as amended at 43 FR 6924, Feb. 17, 1978; 52 
FR 31611, Aug. 21, 1987; 53 FR 19248, May 27, 1988; 54 FR 14062, Apr. 7, 
1989; 68 FR 58807, Oct. 10, 2003]