A general license is hereby issued to receive title to and own special nuclear material without regard to quantity. Notwithstanding any other provision of this chapter, a general licensee under this section is not authorized to acquire, deliver, receive, possess, use, transfer, import, or export special nuclear material, except as authorized in a specific license. [33 FR 9810, July 9, 1968] Sec. 70.20a General license to possess special nuclear material fortransport.
(a) A general license is issued to any person to possess formula quantities of strategic special nuclear material of the types and quantities subject to the requirements of Sec. Sec. 73.20, 73.25, 73.26 and 73.27 of this chapter, and irradiated reactor fuel containing material of the types and quantities subject to the requirements of Sec. 73.37 of this chapter, in the regular course of carriage for another or storage incident. Carriers generally licensed under Sec. 70.20b are exempt from the requirements of this section. Carriers of irradiated reactor fuel for the United States Department of Energy are also exempt from the requirements of this section. The general license is subject to the applicable provisions of Sec. Sec. 70.7 (a) through (e), 70.32 (a) and (b), and Sec. Sec. 70.42, 70.52, 70.55, 70.91, 70.81, 70.82 and 10 CFR 74.11.
(b) Notwithstanding any other provision of this chapter, the general license issued under this section does not authorize any person to conduct any activity that would be authorized by a license issued pursuant to parts 30 through 36, 39, 40, 50, 72, 110, or other sections of this part.
(c) Notwithstanding any other provision of this chapter, the duties of a general licensee under this section while in possession of formula quantities of strategic special nuclear material or irradiated reactor fuel in the regular course of carriage for another or storage incident thereto shall be limited to providing for the physical protection of such material against theft or sabotage. Unless otherwise provided by this section, a general license under this section is not subject to the requirements of parts 19, 20, 70 and 73.
(d) Any person who possesses formula quantities of strategic special nuclear material under this general license:
(1) Shall have submitted and received approval of a transportation security plan. The security plan shall outline the procedures that will be used to meet the requirements of Sec. Sec. 73.20, 73.25, 73.26, 73.27 and 73.70(g) of this chapter including a plan for the selection, qualification, and training of armed escorts, or the specification and design of a specially designed truck or trailer as appropriate.
(2) Shall assure that the transportation is in accordance with the applicable physical protection requirements of Sec. Sec. 73.20, 73.25, 73.26, 73.27 and 73.70(g) of this chapter and the applicable approved transportation security plan.
(3) Shall be subject to part 26 and Sec. 73.80 of this chapter.
(e) Any person who possesses irradiated reactor fuel under this general license shall:
(1) Assure or receive certification from the shipper that the transportation is in accordance with the applicable physical protection requirements of Sec. 73.37 of this chapter; and
(2) Comply with the reporting requirements of Sec. 73.71 of this chapter. [44 FR 26851, May 8, 1979, as amended at 44 FR 68186, Nov. 28, 1979; 46 FR 12696, Feb. 18, 1981; 47 FR 30458, July 14, 1982; 53 FR 31682, Aug. 19, 1988; 58 FR 7737, Feb. 9, 1993; 58 FR 31471, June 3, 1993; 67 FR 78142, Dec. 23, 2002; 72 FR 35145, June 27, 2007] Sec. 70.20b General license for carriers of transient shipments offormula quantities of strategic special nuclear material, special nuclear material of moderate strategic significance, special nuclearmaterial of low strategic significance, and irradiated reactor fuel.
(a) A general license is hereby issued to any person to possess transient shipments of the following kinds and quantities of special nuclear material:
(1) A formula quantity of special nuclear material of the types and quantities subject to the requirements of Sec. Sec. 73.20, 73.25, 73.26, and 73.27 of this chapter.
(2) Special nuclear material of moderate and low strategic significance of the types and quantities subject to the requirements of Sec. 73.67 of this chapter.
(3) Irradiated reactor fuel of the type and quantity subject to the requirements of Sec. 73.37 of this chapter.
(b) Persons generally licensed under this section are exempt from the requirements of parts 19 and 20 of this chapter and the requirements of this part, except Sec. Sec. 70.32 (a) and (b), 70.52, 70.55, 70.91, 70.81, and 70.82.
(c) Persons generally licensed under this section to possess a transient shipment of special nuclear material of the kind and quantity specified in paragraph (a)(1) of this section shall provide physical protection for that shipment in accordance with or equivalent to Sec. Sec. 73.20(a), 73.20(b), 73.25, and 73.71(b) of this chapter from the time a shipment enters a United States port until it exits that or another United States port.
(d) Persons generally licensed under this section to possess a transient shipment of special nuclear material of moderate or low strategic significance of the kind and quantity specified in paragraph (a)(2) of this section shall provide physical protection for that shipment in accordance with or equivalent to Sec. 73.67 of this chapter and shall comply with the requirements of Sec. 73.71(b) of this chapter.
(e) Persons generally licensed under this section to possess a transient shipment of irradiated reactor fuel of the kind and quantity specified in paragraph (a)(3) of this section shall provide physical protection for that shipment in accordance with or equivalent to Sec. 73.37 of this chapter and shall comply with the requirements of Sec. 73.71(b) of this chapter.
(f)(1) Persons generally licensed under this section, who plan to carry transient shipments with scheduled stops at United States ports, shall notify in writing the Director, Division of Security Policy, Office of Nuclear Security and Incident Response, using an appropriate method listed in Sec. 70.5(a). Classified notifications shall be sent to the NRC headquarters classified mailing address listed in appendix A to part 73 of this chapter.
(1) Persons generally licensed under this section, who plan to carry transient shipments with scheduled stops at United States ports, shall notify in writing the Director, Division of Security Policy, Office of Nuclear Security and Incident Response, using an appropriate method listed in Sec. 70.5(a). Classified notifications shall be sent to the NRC headquarters classified mailing address listed in appendix A to part 73 of this chapter.
(2) A person generally licensed under this section shall assure that:
(i) The notification will be received at least 10 days before transport of the shipment commences at the shipping facility;
(ii) The NRC Headquarters Operations Center shall be notified by telephone at least 2 days before commencement of the shipment at the numbers listed in appendix A to part 73 of this chapter. Classified notifications shall be made by secure telephone.
(iii) The NRC Headquarters Operations Center shall be notified by telephone of schedule changes greater than 6 hours at the numbers listed in appendix A to part 73 of this chapter. Classified notifications shall be made by secure telephone.
(3) Persons who are generally licensed under paragraph (a)(1) of this section must include the information listed in paragraphs (f)(3)(i) through (ix) of this section. Persons who are generally licensed under Sec. 70.20b(a)(2) and Sec. 70.20b(a)(3) must include the information listed in paragraphs (f)(3) (i) through (viii) of this section.
(i) Location of all scheduled stops in United States territory;
(ii) Arrival and departure times for all scheduled stops in United States territory;
(iii) The type of transport vehicle;
(iv) A physical description of the shipment (elements, isotopes, and enrichments);
(v) The number and types of containers;
(vi) The name and telephone number of the carrier's representative at each stopover location in United States territory;
(vii) The estimated time and date that shipment will commence and that each country (other than the United States) along the route is scheduled to be entered;
(viii) For shipments between countries that are not party to the Convention on the Physical Protection of Nuclear Material, provide assurances, as far as is practicable, that this nuclear material will be protected during international transport at levels described in Annex I to that Convention (see appendices E and F of part 73 of this chapter); and
(ix) A physical protection plan for implementing the requirement of Sec. 70.20b(c), which will include the use of armed personnel to protect the shipment during the time the shipment is in a United States port.
(g) Persons generally licensed under this section making unscheduled stops at United States ports, immediately after the decision to make an unscheduled stop, shall:
(1) Provide to the Director, Division of Security Policy, Office of Security Policy and Incident Response, the information required under paragraph (f) of this section.
(2) In the case of persons generally licensed under paragraph (a)(1) of this section, arrange for local law enforcement authorities or trained and qualified private guards to protect the shipment during the stop.
(3) In the case of persons generally licensed under paragraph (a)(2) of this section, arrange for the shipment to be protected as required in Sec. 73.67(e) of this chapter.
(4) In the case of persons generally licensed under paragraph (a)(3) of this section, arrange for the shipment to be protected as required in Sec. 73.37(e) of this chapter.
(5) Implement these arrangements within a reasonable time after the arrival of the shipment at a United States port to remain in effect until the shipment exits that or another United States port. [52 FR 9652, Mar. 26, 1987, as amended at 60 FR 24552, May 9, 1995; 67 FR 3585, Jan. 25, 2002; 68 FR 14529, Mar. 26, 2003; 68 FR 23575, May 5, 2003; 68 FR 58817, Oct. 10, 2003; 72 FR 35145, June 27, 2007; 74 FR 62683, Dec. 1, 2009]