597 Part 74—Material Control and Accounting of Special

Pt. 74 10 CFR Ch. I (1–1–21 Edition)

TABLE H–1—MINIMUM DAY FIRING CRITERIA 1—Continued [see footnotes at end of Table H–1]

Number Weapon Stage String 2 3 Distance of rounds Timing Position Scoring

46 1 100 yards 4 25 seconds...... Standing in low ready position, move to prone (weapon in half- load configuration) two maga- zines each loaded with 2 rounds, fire 2 rounds, reload with 2nd magazine and fire 2 rounds. Footnotes: 1 This day firing qualifications course is to be used by all TRT members, armed response personnel, and guards. 2 A string is one of the different phases within a single stage. 3 Security personnel will be timed as shown. 4 Stages 5 and 6 are to be used for .30 caliber or larger rifles.

TABLE H–2—MINIMUM NIGHT FIRING CRITERIA

Weapon Stage Distance No. of rounds Timing Position Scoring Lighting

Handgun 1 7 yds ...... 12 ...... 35 seconds ...... Standing-no ar- Minimum quali- For all courses (Rev.). tificial support. fying = 70%. 0.2 foot- candles at center mass of target area. 2 15 yds ...... 12 ...... 45 seconds. Handgun 1 7 yds ...... 2 + clip ...... 30 seconds ...... Standing-no ar- (Semi- tificial support. ). 2 15 yds ...... 2 + clip ...... 40 seconds. Shotgun 1 25 yds ...... 2 rifled slugs .. 30 seconds Standing-strong Rifled slug hits = (Load 2 shoulder. strike area on slugs—cham- target (10, 9, 7). ber empty— Time starts— Commence firing). 1 15 yds ...... 5 Double 0 10 seconds Standing-strong Double 0 Buck- buckshot. (Load 5rds shoulder. shot: Hits in Buckshot— black = 2 pts chamber, (5rds × 9 pel- empty—Time lets/rd × 2 pts = starts—Com- 90) Minimum mence firing). qualifying = 70%. Rifle ...... 1 25 yds ...... 1–5rd mag ..... 45 sec ...... Standing-barri- Minimum quali- cade. fying = 70%. 2 25 yds ...... 1–5rd mag ..... 45 sec ...... Standing. 3 25 yds ...... 1–5rd mag ..... 45 sec ...... Kneeling. 4 25 yds ...... 1–5rd mag ..... 45 sec ...... Prone. Note. All firing is to be done only at night. Use of night simulation equipment during daylight is not allowable. Use of site specific devices (i.e., laser, etc.) should be included in the licensee amended security plan for NRC approval.

[58 FR 45785, Aug. 31, 1993]

PART 74—MATERIAL CONTROL 74.7 Specific exemptions. 74.8 Information collection requirements: AND ACCOUNTING OF SPECIAL OMB approval. NUCLEAR MATERIAL Subpart B—General Reporting and Subpart A—General Provisions Recordkeeping Requirements

Sec. 74.11 Reports of loss or theft or attempted 74.1 Purpose. theft or unauthorized production of spe- 74.2 Scope. cial nuclear material. 74.4 Definitions. 74.13 Material status reports. 74.5 Interpretations. 74.15 Nuclear material transaction reports. 74.6 Communications.

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74.17 Special nuclear material physical in- nificance, special nuclear material of ventory summary report. moderate strategic significance, and 74.19 Recordkeeping. formula quantities of strategic special nuclear material are included. Require- Subpart C—Special Nuclear Material of ments for the control and accounting Low Strategic Significance of source material at enrichment fa- 74.31 Nuclear material control and account- cilities are also included. ing for special nuclear material of low (b) The general conditions and proce- strategic significance. dures for the submittal of a license ap- 74.33 Nuclear material control and account- plication for the activities covered in ing for uranium enrichment facilities au- this part are detailed in § 70.22 of this thorized to produce special nuclear material of low strategic significance. chapter. [50 FR 7579, Feb. 25, 1985, as amended at 56 Subpart D—Special Nuclear Material of FR 55998, Oct. 31, 1991; 67 FR 78144, Dec. 23, Moderate Strategic Significance 2002]

74.41 Nuclear material control and account- § 74.2 Scope. ing for special nuclear material of moderate strategic significance. (a) The general reporting and record- 74.43 Internal controls, inventory, and keeping requirements of subpart B of records. this part apply to each person licensed 74.45 Measurements and measurement con- under this chapter who possesses spe- trol. cial nuclear material in a quantity of Subpart E—Formula Quantities of Strategic one gram or more of contained ura- Special Nuclear Material nium-235, uranium-233, or plutonium; or who transfers or receives a quantity 74.51 Nuclear material control and account- of special nuclear material of one gram ing for strategic special nuclear mate- or more of contained uranium-235, ura- rial. nium-233, or plutonium. The general re- 74.53 Process monitoring. porting and recordkeeping require- 74.55 Item monitoring. 74.57 Alarm resolution. ments of subpart B of this part do not 74.59 Quality assurance and accounting re- apply to licensees whose MC&A report- quirements. ing and recordkeeping requirements are covered by §§ 72.72, 72.76, and 72.78 of Subpart F—Enforcement this chapter. 74.81 Inspections. (b) In addition, specific control and 74.82 Tests. accounting requirements are included 74.83 Violations. in subparts C, D, and E for certain li- 74.84 Criminal penalties. censees who: (1) Possess and use formula quan- AUTHORITY: Atomic Energy Act of 1954, secs. 53, 57, 161, 182, 223, 234, 1701 (42 U.S.C. tities of strategic special nuclear mate- 2073, 2077, 2201, 2232, 2273, 2282, 2297f); Energy rial; Reorganization Act of 1974, secs. 201, 202 (42 (2) Possess and use special nuclear U.S.C. 5841, 5842); 44 U.S.C. 3504 note. material of moderate strategic signifi- SOURCE: 50 FR 7579, Feb. 25, 1985, unless cance; otherwise noted. (3) Possess and use special nuclear material of low strategic significance; Subpart A—General Provisions or (4) Possess uranium source material § 74.1 Purpose. and equipment capable of producing (a) This part has been established to enriched uranium. contain the requirements for the con- (c) As provided in part 76 of this trol and accounting of special nuclear chapter, the regulations of this part es- material at fixed sites and for docu- tablish procedures and criteria for ma- menting the transfer of special nuclear terial control and accounting for the material. General reporting require- issuance of a certificate of compliance ments as well as specific requirements or the approval of a compliance plan. for certain licensees possessing special [67 FR 78144, Dec. 23, 2002, as amended at 73 nuclear material of low strategic sig- FR 32463, June 9, 2008]

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§ 74.4 Definitions. Beginning inventory (BI) means the book inventory quantity at the begin- As used in this part: ning of an inventory period, and is the Abrupt loss means a loss occurring in reconciled physical inventory entered the time interval between consecutive into the books as an adjusted inven- sequential performances of a material tory at the completion of the prior in- control test which is designed to detect ventory period. anomalies potentially indicative of a Bias means the deviation of the ex- loss of strategic special nuclear mate- pected value of a random variable from rial from a specific unit of SSNM (i.e., the corresponding correct or assigned a quantity characterized by a unique value. measurement) introduced into a process. Calibration means the process of de- termining the numerical relationship Accessible location means a process lo- between the observed output of a meas- cation at which SSNM could be ac- urement system and the value, based quired without leaving evidence of the upon reference standards, of the char- acquisition, i.e., without tools or other acteristic being measured. equipment to obviously violate the integrity of the containment. Category IA material means SSNM di- rectly useable in the manufacture of a Act means the Atomic Energy Act of nuclear explosive device, except if: 1954 (68 Stat. 919), including any amendments thereto. (1) The dimensions are large enough (at least two meters in one dimension, Active inventory means the sum of ad- greater than one meter in each of two ditions to inventory, beginning inven- dimensions, or greater than 25cm in tory, ending inventory, and removals each of three dimensions) to preclude from inventory, after all common hiding the item on an individual; terms have been excluded. Common terms are any material values which (2) The total weight of an encap- appear in the active inventory calcula- sulated item of SSNM is such that it tion more than once and come from the cannot be carried inconspicuously by same measurement. one person (i.e., at least 50 kilograms gross weight); or Additions to material in process means: (1) Receipts that are opened, except for (3) The quantity of SSNM (less than receipts opened only for sampling and 0.05 formula kilograms) in each con- subsequently maintained under tam- tainer requires protracted diversions to per-safing; (2) opened sealed sources; accumulate five formula kilograms. and (3) material removed from process Category IB material means all SSNM for nonconformance with chemical or material other than Category IA. physical specifications that is subse- Commission means the Nuclear Regu- quently reprocessed, measured for con- latory Commission or its duly author- tained SSNM, and reintroduced to ized representatives. process. Continuous process means a unit proc- Alarm Threshold means a predeter- ess in which feed material must be in- mined quantity of SSNM calculated troduced in a systematic manner in from the specified probability of detec- order to maintain equilibrium condition for a given loss and the standard tions. deviation associated with a material Controlled access area means any tem- control test. An alarm threshold serves porarily or permanently established to trigger a response action. area which is clearly demarcated, ac- Batch means a portion of source ma- cess to which is controlled, and which terial or special nuclear material han- affords isolation of the material or per- dled as a unit for accounting purposes sons within it. at a key measurement point and for DOE means the U.S. Department of which the composition and quantity Energy or its duly authorized rep- are defined by a single set of measure- resentatives. ments. The source material or special Effective kilograms of special nuclear nuclear material may be in bulk form material means: or contained in a number of separate (1) For plutonium and uranium-233 items. their weight in kilograms;

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(2) For uranium with an enrichment mined). Thus mathematically, ID = (BI in the isotope U235 of 0.01 (1 percent) + A¥R) ¥EI or ID = BI + A¥R¥EI and above, its element weight in kilo- Item means any discrete quantity or grams multiplied by the square of its container of special nuclear material enrichment expressed as a decimal or source material, not undergoing weight fraction; and processing, having an unique identity (3) For uranium with an enrichment and also having an assigned element in the isotope U235 below 0.01 (1 per- and isotope quantity. cent), its element weight in kilograms License, except where otherwise spec- multiplied by 0.0001. ified, means a license issued pursuant Element means uranium or pluto- to part 70 of this chapter. nium. Low enriched uranium means uranium Estimate means a specific numerical enriched below 20 percent in the iso- value arrived at by the application of tope uranium-235. an estimator. Material means special nuclear material. Estimator means a function of a sam- Material access area means any loca- ple measurement used to estimate a tion which contains special nuclear population parameter. material, within a vault or a building, Fissile isotope means: (1) Uranium U– the roof, walls, and floor of which con- 233, or (2) uranium-235 by enrichment stitute a physical barrier. category, (3) plutonium-239, and (4) plu- Material balance means the deter- tonium–241. mination of an inventory difference Formula kilogram means SSNM in any (ID). combination in a quantity of 1000 MC&A alarm means a situation in grams computed by the formula, grams which there is: (1) an out-of-location = (grams contained U–235) + 2.5 (grams item or an item whose integrity has U–233 + grams plutonium). been violated, (2) an indication of a Formula quantity means strategic spe- flow of SSNM where there should be cial nuclear material in any combina- none, or (3) a difference between a tion in a quantity of 5,000 grams or measured or observed amount or prop- more computed by the formula, grams erty of material and its corresponding = (grams contained U235) + 2.5 (grams predicted or property value that ex- U233 + grams plutonium). ceeds a threshold established to pro- Government agency means any execu- vide the detection capability required tive department, commission, inde- by § 74.53. pendent establishment, corporation, Material control test means a compari- wholly or partly owned by the United son of a pre-established alarm thresh- States of America, which is an instru- old with the results of a process dif- mentality of the United States, or any ference or process yield performed on a board, bureau, division, service, office, unit process. officer, authority, administration, or Material in process means any special other establishment in the executive nuclear material possessed by the li- branch of the Government. censee except in unopened receipts, High enriched uranium means ura- sealed sources, measured waste dis- nium enriched to 20 percent or greater cards, and ultimate product main- in the isotope uranium-235. tained under tamper-safing. Inventory difference (ID) means the Measurement includes sampling and arithmetic difference obtained by sub- means the determination of mass, vol- tracting the quantity of SNM tab- ume, quantity, composition or other ulated from a physical inventory from property of a material where such de- the book inventory quantity. Book in- terminations are used for special nu- ventory quantity is equivalent to the clear material control and accounting beginning inventory (BI) plus additions purposes. to inventory (A) minus removals from Measurement system means all of the inventory (R), while the physical in- apparatus, equipment, instruments and ventory quantity is the ending inven- procedures used in performing a meas- tory (EI) for the material balance pe- urement. riod in question (as physically deter- Person means:

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(1) Any individual, corporation, part- manufacture, make, produce, or refine nership, firm, association, trust, es- special nuclear material; (2) to sepa- tate, public or private institution, rate special nuclear material from group, Government agency other than other substances in which such mate- the Commission or the Department of rial may be contained; or (3) to make Energy, except that the Department of or to produce new special nuclear ma- Energy shall be considered a person terial. within the meaning of the regulations Random error means the deviation of in this part to the extent that its fa- a random variable from its expected cilities and activities are subject to the value. licensing and related regulatory au- Receipt means special nuclear mate- thority of the Commission pursuant to rial received by a licensee from an off- section 202 of the Energy Reorganiza- site source. tion Act of 1974 (88 Stat. 1244), any Reconciliation means the process of state or any political subdivision of or evaluating and comparing licensee re- any political entity within a state, any ports required under this part to the foreign government or nation or polit- projected material balances generated ical subdivision of any such govern- by the Nuclear Materials Management ment or nation, or other entity; and and Safeguards System. This process is (2) Any legal successor, representa- considered complete when the licensee tive, agent, or agency of the foregoing. resolves any differences between the Physical inventory means determina- reported and projected balances, in- tion on a measured basis of the quan- cluding those listed for foreign obli- tity of special nuclear material on gated materials. hand at a given time. The methods of Reference standard means a material, physical inventory and associated device, or instrument whose assigned measurements will vary depending on value is known relative to national the material to be inventoried and the standards or nationally accepted meas- process involved. urement systems. This is also com- Plant means a set of processes or op- monly referred to as a traceable stand- erations (on the same site, but not nec- ard. essarily all in the same building) co- Removals from inventory means meas- ordinated into a single manufacturing, ured quantities of special nuclear ma- R&D, or testing effort. A scrap recov- terial contained in: ery operation, or an analytical labora- (1) Shipments; tory, serving both onsite and offsite (2) Waste materials transferred to an customers (or more than one onsite onsite holding account via a DOE/NRC manufacturing effort) should be treat- Form 741 transaction; ed as a separate plant. (3) Measured discards transported off- Power of detection means the prob- site; and ability that the critical value of a sta- (4) Effluents released to the environ- tistical test will be exceeded when ment. there is an actual loss of a specific Removals of material from process (or SSNM quantity. removals from process) means measured Process difference (PD) means the de- quantities of special nuclear material termination of an ID on a unit process contained in: level with the additional qualification (1) Effluents released to the environ- that difficult to measure components ment; may be modeled. (2) Previously unencapsulated mate- Process yield means the quantity of rials that have been encapsulated as SSNM actually removed from a unit sealed sources; process compared with the quantity (3) Waste materials that will not be predicted (based on a measured input) subject to further onsite processing to be available for removal. Process and which are under tamper-safing; yield differs from a process difference (4) Ultimate product placed under in that holdup and sidestreams are not tamper-safing; and measured or modeled. (5) Any materials (not previously des- Produce when used in relation to spe- ignated as removals from process) cial nuclear material, means: (1) To shipped offsite.

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Research and development means: (1) cent or more, but less than 20 percent Theoretical analysis, exploration, or in the U235 isotope); or experimentation; or (2) the extension of (3) 10,000 grams or more of uranium- investigative findings and theories of a 235 contained in uranium enriched scientific or technical nature into above natural, but less than 10 percent practical application for experimental in the U235 isotope. and demonstration purposes, including Special nuclear material of moderate the experimental production and test- strategic significance means: ing of models, devices, equipment, ma- (1) Less than a formula quantity of terials, and processes. strategic special nuclear material but Scrap means the various forms of spe- more than 1,000 grams of uranium-235 cial nuclear material generated during (contained in uranium enriched to 20 chemical and mechanical processing, percent or more in the U235 isotope) or other than recycle material and nor- more than 500 grams of uranium-233 or mal process intermediates, which are plutonium or in a combined quantity of unsuitable for continued processing, more than 1,000 grams when computed but all or part of which will be con- by the equation, grams = (grams con- verted to useable material by appro- tained U235) + 2 (grams U233 + grams priate recovery operations. plutonium); or Sealed source means any special nu- (2) 10,000 grams or more or uranium- clear material that is physically en- 235 (contained in uranium enriched to cased in a capsule, rod, element, etc. 10 percent or more but less than 20 per- that prevents the leakage or escape of cent in the U235 isotope). the special nuclear material and that Standard Error of the Inventory Dif- prevents removal of the special nuclear ference (SEID) means the standard de- material without penetration of the viation of an inventory difference that casing. takes into account all measurement Source material means source mate- error contributions to the components rial as defined in section 11z. of the Act of the ID. and in the regulations contained in Standard Error of the Process Dif- part 40 of this chapter. ference means the standard deviation of Special nuclear material means: a process difference value that takes (1) Plutonium, uranium-233, uranium into account both measurement and enriched in the isotope U233 or in the nonmeasurement contributions to the isotope U235, and any other material components of PD. which the Commission, pursuant to the Strategic special nuclear material provisions of section 51 of the Atomic means uranium-235 (contained in ura- Energy Act of 1954, as amended, deter- nium enriched to 20 percent or more in mines to be special nuclear material, the U235 isotope), uranium-233, or pluto- but does not include source material; nium. or Tamper-safing means the use of de- (2) Any material artificially enriched vices on containers or vaults in a man- by any of the foregoing, but does not ner and at a time that ensures a clear include source material. indication of any violation of the in- Special nuclear material of low strategic tegrity of previously made measure- significance means: ments of special nuclear material with- (1) Less than an amount of special in the container or vault. nuclear material of moderate strategic Traceability means the ability to re- significance, but more than 15 grams of late individual measurement results to uranium-235 (contained in uranium en- national standards or nationally ac- riched to 20 percent or more in the U235 cepted measurement systems through isotope) or 15 grams of uranium-233 or an unbroken chain of comparisons. 15 grams of plutonium or the combina- Ultimate product means any special tion of 15 grams when computed by the nuclear material in the form of a prod- equation, grams = grams contained U235 uct that would not be further processed + grams plutonium + grams U233; or at that licensed location. (2) Less than 10,000 grams but more Unit process means an identifiable than 1,000 grams of uranium-235 (con- segment or segments of processing ac- tained in uranium enriched to 10 per- tivities for which the amounts of input

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and output SSNM are based on meas- NRC can accept, the use of electronic urements. signatures, and the treatment of non- Unopened receipts means receipts not public information. opened by the licensee, including receipts of sealed sources, and receipts [50 FR 7579, Feb. 25, 1985, as amended at 53 opened only for sampling and subse- FR 4112, Feb. 12, 1988; 53 FR 43422, Oct. 27, quently maintained under tamper- 1988; 68 FR 58821, Oct. 10, 2003; 74 FR 62685, Dec. 1, 2009; 80 FR 74981, Dec. 1, 2015] safing. Vault means a windowless enclosure § 74.7 Specific exemptions. with walls, floor, roof and door(s) designed and constructed to delay pene- The Commission may, upon applica- tration from forced entry. tion of any interested person or upon its own initiative, grant such exemp- [50 FR 7579, Feb. 25, 1985, as amended at 52 FR 10039, Mar. 30, 1987; 56 FR 55998, Oct. 31, tions from the requirements of the reg- 1991; 67 FR 78144, Dec. 23, 2002; 73 FR 32463, ulations in this part as it determines June 9, 2008; 80 FR 45844, Aug. 3, 2015] are authorized by law and will not en- danger life or property or the common § 74.5 Interpretations. defense and security, and are otherwise Except as specifically authorized by in the public interest. the Commission in writing, no interpretations of the meaning of the regu- § 74.8 Information collection require- lations in this part by any officer or ments: OMB approval. employee of the Commission other (a) The Commission has submitted than a written interpretation by the the information collection require- General Counsel will be recognized as ments contained in this part to the Of- binding on the Commission. fice of Management and Budget (OMB) § 74.6 Communications. for approval as required by the Paper- work Reduction Act (44 U.S.C. 3501 et Any communication or report con- seq.). The NRC may not conduct or cerning the regulations in this part and sponsor, and a person is not required to any application filed under these regulations may be submitted to the Com- respond to, a collection of information mission as follows: if it does not display a currently valid (a) By mail addressed to: ATTN: Doc- OMB control number. OMB has ap- ument Control Desk, Director of Nu- proved the information collection re- clear Material Safety and Safeguards, quirements contained in this part U.S. Nuclear Regulatory Commission, under control number 3150–0123. Washington, DC 20555–0001. (b) The approved information collec- (b) By hand delivery to the NRC’s of- tion requirements contained in this fices at 11555 Rockville Pike, Rock- part appear in §§ 74.7, 74.11, 74.13, 74.15, ville, Maryland. 74.17, 74.19, 74.31, 74.33, 74.41, 74.43, 74.45, (c) Where practicable, by electronic 74.51, 74.57, and 74.59. submission, for example, via Electronic (c) This part contains information Information Exchange, or CD-ROM. collection requirements in addition to Electronic submissions must be made those approved under the control num- in a manner that enables the NRC to ber specified in paragraph (a) of this receive, read, authenticate, distribute, section. These information collection and archive the submission, and proc- requirements and the control numbers ess and retrieve it a single page at a under which they are approved are as time. Detailed guidance on making follows: electronic submissions can be obtained by visiting the NRC’s Web site at http:// (1) In § 74.15, DOE/NRC Form–741 is www.nrc.gov/site-help/e-submittals.html; approved under Control No. 3150–0003. by e-mail to [email protected]; (2) In § 74.13, DOE/NRC Form–742 is or by writing the Office of the Chief In- approved under Control No. 3150–0004. formation Officer, U.S. Nuclear Regu- (3) In § 74.13, DOE/NRC Form–742C is latory Commission, Washington, DC approved under Control No. 3150–0058. 20555–0001. The guidance discusses, among other topics, the formats the

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(4) In § 74.17, NRC Form 327 is ap- (c) Reports required under § 73.71 need proved under Control No. 3150–0139. not be duplicated under requirements of this section. [50 FR 7579, Feb. 25, 1985, as amended at 52 FR 10040, Mar. 30, 1987; 52 FR 19305, May 22, [52 FR 21659, June 9, 1987; 52 FR 23257, June 1987; 56 FR 55998, Oct. 31, 1991; 62 FR 52189, 18, 1987, as amended at 56 FR 55998, Oct. 31, Oct. 6, 1997; 67 FR 78144, Dec. 23, 2002; 85 FR 1991, 81 FR 86910, Dec. 2, 2016] 65664, Oct. 16, 2020] § 74.13 Material status reports. Subpart B—General Reporting and (a) Each licensee, including nuclear Recordkeeping Requirements reactor licensees as defined in §§ 50.21 and 50.22 of this chapter, possessing, or § 74.11 Reports of loss or theft or at- who had possessed in the previous re- tempted theft or unauthorized pro- porting period, at any one time and lo- duction of special nuclear material. cation, special nuclear material in a (a) Each licensee who possesses one quantity totaling one gram or more of gram or more of contained uranium- contained uranium-235, uranium-233, or 235, uranium-233, or plutonium shall plutonium shall complete and submit, notify the NRC Operations Center in computer-readable format Material within 1 hour of discovery of any loss Balance Reports concerning special nu- or theft or other unlawful diversion of clear material that the licensee has re- special nuclear material which the li- ceived, produced, possessed, transferred, consumed, disposed, or lost. censee is licensed to possess, or any in- This prescribed computer-readable re- cident in which an attempt has been port replaces the DOE/NRC form 742 made to commit a theft or unlawful di- which has been previously submitted in version of special nuclear material. paper form. The Physical Inventory The requirement to report within 1 Listing Report must be submitted with hour of discovery does not pertain to each Material Balance Report. This measured quantities of special nuclear prescribed computer-readable report material disposed of as discards or in- replaces the DOE/NRC Form 742C ventory difference quantities. Each li- which has been previously submitted in censee who operates an uranium en- paper form. Reports must be submitted richment facility shall notify the NRC for each Reporting Identification Sym- Operations Center within 1 hour of dis- bol (RIS) account including all holding covery of any unauthorized production accounts. Each licensee shall prepare of enriched uranium. For centrifuge en- and submit the reports described in richment facilities the requirement to this paragraph as specified in the in- report enrichment levels greater than structions in NUREG/BR–0007 and that authorized by license within 1 NMMSS Report D–24 ‘‘Personal Com- hour does not apply to each cascade puter Data Input for NRC Licensees.’’ during its start-up process, not to ex- Copies of these instructions may be ob- ceed the first 24 hours. tained from the U.S. Nuclear Regu- (b) This notification must be made to latory Commission, Division of Fuel the NRC Operations Center via the Management, Washington, DC 20555– Emergency Notification System if the 0001, or by e-mail to licensee is party to that system. If the [email protected]. Each licensee Emergency Notification System is in- subject to the requirements of § 74.51 operative or unavailable, the licensee shall compile a report as of March 31 shall make the required notification and September 30 of each year and file it within 30 days after the end of the via commercial telephonic service or period covered by the report. Licensees other dedicated telephonic system or subject to the requirements of any other method that will ensure that §§ 74.19(c), 74.31(c)(5), 74.33(c)(4), or a report is received by the NRC Oper- 74.43(c)(6) shall submit a report within ations Center within one hour. The ex- 60 calendar days of the beginning of the emption of § 73.22(f)(3) applies to all tel- physical inventory. All other licensees ephonic reports required by this sec- shall submit a report no later than tion. March 31 of each year. The Commission

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may permit a licensee to submit the re- computer-readable format in accord- ports at other times for good cause. ance with instructions within ten (10) Each licensee required to report mate- days after the material is received. rial balance, and inventory informa- This prescribed computer-readable for- tion, as detailed in this part, shall re- mat replaces the DOE/NRC Form 741 solve any discrepancies identified dur- which has been previously submitted in ing the report review and reconcili- paper form. ation process within 30 calendar days (b) Each licensee who receives 1 gram of notification of a discrepancy identi- or more of contained uranium-235, ura- fied by NRC. nium-233, or plutonium from a foreign (b) Any licensee who is required to source shall: submit routine Material Status Re- (1) Complete in computer-readable ports pursuant to § 75.35 of this chapter format both the supplier’s and receiv- (pertaining to implementation of the er’s portion of the Nuclear Material US/IAEA Safeguards Agreement) shall Transaction Report; prepare and submit these reports only (2) Perform independent tests to as- as provided in that section (instead of sure the accurate identification and as provided in paragraph (a) of this sec- measurement of the material received, tion). including its weight and enrichment; [67 FR 78144, Dec. 23, 2002, as amended at 73 and FR 32463, June 9, 2008; 79 FR 75741, Dec. 19, (3) Indicate the results of these tests 2014; 84 FR 65646, Nov. 29, 2019] on the receiver’s portion of the form. § 74.15 Nuclear material transaction (c) Each licensee who ships special reports. nuclear material in a quantity of one gram or more of contained uranium- (a) Each licensee who transfers or re- 235, uranium-233, or plutonium to for- ceives special nuclear material in a eign recipient shall complete in com- quantity of one gram or more of con- puter-readable format the supplier’s tained uranium-235, uranium-233, or portion of the Nuclear Material Trans- plutonium shall complete in computer- action Report. The licensee shall com- readable format a Nuclear Material plete the receiver’s portion of the Nu- Transaction Report. In addition, each clear Material Transaction Report only licensee who adjusts the inventory in if a significant shipper-receiver dif- any manner, other than for transfers ference as described in §§ 74.31, 74.43, or and receipts, shall submit a Nuclear 74.59, as applicable, is identified. Material Transaction Report, in computer-readable format, to coincide with (d) Any licensee who is required to the submission of the Material Balance submit inventory change reports pur- report. This shall be done as specified suant to § 75.34 of this chapter (per- in the instructions in NUREG/BR–0006 taining to implementation of the US/ and NMMSS Report D–24, ‘‘Personal International Atomic Energy Agency Computer Data Input for NRC Licens- (IAEA) Safeguards Agreement) shall ees.’’ Copies of these instructions prepare and submit these reports only NUREG/BR–0006 and NMMSS Report D– as provided in that section (instead of 24, ‘‘Personal Computer Data Input for as provided in paragraphs (a) and (b) of NRC Licensees’’ may be obtained ei- this section). ther by writing the U.S. Nuclear Regu- [59 FR 35621, July 13, 1994, as amended at 68 latory Commission, Division of Fuel FR 58821, Oct. 10, 2003; 73 FR 32464, June 9, Management, Washington, DC 20555– 2008; 79 FR 75741, Dec. 19, 2014; 84 FR 65646, 0001, or by e-mail to Nov. 29, 2019] [email protected]. Each licensee who transfers the material shall sub- § 74.17 Special nuclear material phys- mit a Nuclear Material Transaction ical inventory summary report. Report in computer-readable format as (a) Each licensee subject to the re- specified in the instructions no later quirements of §§ 74.31 or 74.33 of this than the close of business the next part shall submit a completed Special working day. Each licensee who re- Nuclear Material Physical Inventory ceives the material shall submit a Nu- Summary Report on NRC Form 327 not clear Material Transaction Report in later than 60 calendar days from the

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start of each physical inventory relation or license condition, the licensee quired by §§ 74.31(c)(5) or 74.33(c)(4). shall retain the record until the Com- Using an appropriate method listed in mission terminates the license that au- § 74.6, the licensee shall report the in- thorizes the activity that is subject to ventory results by plant and total fa- the recordkeeping requirement. cility to the Director of the NRC’s Of- (3) Each record of receipt, acquisi- fice of Nuclear Material Safety and tion, or physical inventory of special Safeguards. nuclear material that must be main- (b) Each licensee subject to the retained pursuant to paragraph (a)(1) of quirements of § 74.41(a) of this part this section must be retained as long as shall submit a completed Special Nu- the licensee retains possession of the clear Material Physical Inventory material and for 3 years following Summary Report on NRC form 327 not transfer or disposal of the material. later than 60 calendar days from the (4) Each record of transfer of special start of each physical inventory re- nuclear material to other persons must quired by § 74.43(c)(7). Using an appro- be retained by the licensee who trans- priate method listed in § 74.6, the li- ferred the material until the Commis- censee shall report the inventory re- sion terminates the license authorizing sults by plant and total facility to the Director of the NRC’s Office of Nuclear the licensee’s possession of the mate- Material Safety and Safeguards. rial. (c) Each licensee subject to the re- (b) Each licensee that is authorized quirements of § 74.51 shall submit a to possess special nuclear material in a completed Special Nuclear Material quantity exceeding one effective kilo- Physical Inventory Summary Report gram at any one time shall establish, on NRC form 327 not later than 45 cal- maintain, and follow written material endar days from the start of each phys- control and accounting procedures that ical inventory required by § 74.59(f). The are sufficient to enable the licensee to licensee shall report the physical in- account for the special nuclear mate- ventory results by plant and total fa- rial in its possession under license. The cility to the Director, Office of Nuclear licensee shall retain these procedures Material Safety and Safeguards, U.S. until the Commission terminates the Nuclear Regulatory Commission, license that authorizes possession of Washington, DC 20555–0001. the material and retain any superseded portion of the procedures for 3 years [67 FR 78145, Dec. 23, 2002, as amended at 68 FR 58821, Oct. 10, 2003] after the portion is superseded. (c) Other than licensees subject to § 74.19 Recordkeeping §§ 74.31, 74.33, 74.41, or 74.51, each li- (a) Licensees subject to the record- censee who is authorized to possess keeping requirements of §§ 74.31, 74.33, special nuclear material, at any one 74.43, or 74.59 of this part are exempt time and site location, in a quantity from the requirements of paragraphs greater than 350 grams of contained (a)(1) through (4) of this section. Other- uranium-235, uranium-233, or pluto- wise: nium, or any combination thereof, (1) Each licensee shall keep records shall conduct a physical inventory of showing the receipt, inventory (includ- all special nuclear material in its pos- ing location and unique identity), ac- session under license at intervals not quisition, transfer, and disposal of all to exceed 12 months. The results of special nuclear material in its posses- these physical inventories need not be sion regardless of its origin or method reported to the Commission, but the li- of acquisition. censee shall retain the records associ- (2) Each record relating to material ated with each physical inventory until control or material accounting that is the Commission terminates the license required by the regulations in this that authorized the possession of spe- chapter or by license condition must be cial nuclear material. maintained and retained for the period (d) Records that must be maintained specified by the appropriate regulation pursuant to this part may be the origi- or license condition. If a retention pe- nal or a reproduced copy or a riod is not otherwise specified by regu- microform if the reproduced copy or

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microform is duly authenticated by au- tivities being addressed in paragraph thorized personnel and the microform (a) of this section, or by the date speci- is capable of producing a clear and leg- fied in a license condition. ible copy after storage for the period (c) System capabilities. To meet the specified by Commission regulations. general performance objectives of para- The record may also be stored in elec- graph (a) of this section, the material tronic media with the capability for control and accounting system must producing legible, accurate, and com- include the capabilities described in plete records during the required reten- paragraph (c) (1) through (8) of this section period. Records such as letters, tion. The licensee shall: drawings, or specifications must in- (1) Establish, document, and main- clude all pertinent information such as tain a management structure which stamps, initials, and signatures. The li- assures clear overall responsibility for censee shall maintain adequate safe- material control and accounting func- guards against tampering with and loss tions, independence from production of records. responsibilities, separation of key re- [67 FR 78145, Dec. 23, 2002] sponsibilities, and adequate review and use of critical material control and ac- Subpart C—Special Nuclear Ma- counting procedures; terial of Low Strategic Signifi- (2) Establish and maintain a measurement system which assures that all cance quantities in the material accounting § 74.31 Nuclear material control and records are based on measured values; accounting for special nuclear ma- (3) Follow a measurement control terial of low strategic significance. program which assures that measure- (a) General performance objectives. ment bias is estimated and significant Each licensee who is authorized to pos- biases are eliminated from inventory sess and use more than one effective difference values of record; kilogram of special nuclear material of (4) In each inventory period, control low strategic significance, excluding total material control and accounting sealed sources, at any site or contig- measurement uncertainty so that uous sites subject to control by the li- twice its standard error is less than the censee, other than a production or uti- greater of 9,000 grams of U–235 or 0.25 lization facility licensed pursuant to percent of the active inventory, and as- part 50 or 70 of this chapter, or oper- sure that any measurement performed ations involved in waste disposal, shall under contract is controlled so that the implement and maintain a Commission licensee can satisfy this requirement; approved material control and ac- (5) Unless otherwise required to sat- counting system that will achieve the isfy part 75 of this chapter, perform a following objectives: physical inventory at least every 12 (1) Confirm the presence of special months and, within 60 days after the nuclear material; start of the inventory, reconcile and (2) Resolve indications of missing adjust the book inventory to the re- material; and sults of the physical inventory, and re- (3) Aid in the investigation and resolve, or report an inability to resolve, covery of missing material. any inventory difference which is re- (b) Implementation. Each applicant for jected by a statistical test which has a a license, and each licensee that, upon 90 percent power of detecting a discrep- application for modification of its li- ancy of a quantity of uranium-235 es- cense, would become newly subject to tablished by NRC on a site-specific the performance objectives of para- basis; graph (a) of this section, shall submit a (6) Maintain current knowledge of fundamental nuclear material control items when the sum of the time of ex- (FNMC) plan describing how the re- istence of an item, the time to make a quirements of paragraph (c) of this sec- record of the item, and the time nec- tion will be met. The FNMC plan shall essary to locate the item exceeds 14 be implemented when a license is days. Store and handle, or subse- issued or modified to authorize the ac- quently measure, items in a manner so

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that unauthorized removals of substan- § 74.33 Nuclear material control and tial quantities of material from items accounting for uranium enrichment will be detected. Exempted are items facilities authorized to produce spe- individually containing less than 500 cial nuclear material of low strategic significance. grams of U235 up to a total of 50 kilograms of U235, solutions with a con- (a) General performance objectives. centration of less than 5 grams of U235 Each licensee who is authorized by this per liter, and items of waste destined chapter to possess equipment capable for burial or incineration; of enriching uranium or operate an en- (7) Resolve, on a shipment basis and richment facility, and produce, possess, when required to satisfy part 75 of this or use more than one effective kilo- chapter, on a batch basis, shipper/re- gram of special nuclear material of low strategic significance at any site or ceiver differences that exceed both contiguous sites, subject to control by twice the combined measurement the licensee, shall establish, imple- standard error for that shipment and ment, and maintain a NRC-approved 235 500 grams of U ; and material control and accounting sys- (8) Independently assess the effec- tem that will achieve the following ob- tiveness of the material control and ac- jectives: counting system at least every 24 (1) Maintain accurate, current, and months, and document management’s reliable information of and periodically action on prior assessment rec- confirm the quantities and locations of ommendations. source material and special nuclear (d) Recordkeeping. (1) Each licensee material in the licensee’s possession; shall establish records that will dem- (2) Protect against and detect pro- onstrate that the requirements of para- duction of uranium enriched to 10 per- graph (c) of this section have been met cent or more in the isotope U235; and maintain these records for at least (3) Protect against and detect unau- 3 years, unless a longer retention time thorized production of uranium of low is required by part 75 of this chapter. strategic significance; (2) Records which must be main- (4) Resolve indications of missing tained pursuant to this part may be the uranium; original or a reproduced copy or a (5) Resolve indications of production microform if such reproduced copy or of uranium enriched to 10 percent or microform is duly authenticated by au- more in the isotope U235 (for centrifuge thorized personnel and the microform enrichment facilities this requirement is capable of producing a clear and leg- does not apply to each cascade during ible copy after storage for the period its start-up process, not to exceed the specified by Commission regulations. first 24 hours); The record may also be stored in elec- (6) Resolve indications of unauthor- tronic media with the capability for ized production of uranium of low stra- producing legible, accurate, and com- tegic significance; plete records during the required reten- (7) Provide information to aid in the tion period. Records such as letters, investigation of missing uranium; drawings, specifications, must include (8) Provide information to aid in the all pertinent information such as investigation of the production of ura- stamps, initials, and signatures. nium enriched to 10 percent or more in 235 The licensee shall maintain adequate the isotope U ; and safeguards against tampering with and (9) Provide information to aid in the loss of records. investigation of unauthorized production of uranium of low strategic sig- [50 FR 7579, Feb. 25, 1985, as amended at 53 nificance. FR 19262, May 27, 1988; 56 FR 55998, Oct. 31, (b) Implementation dates. Each appli- 1991; 67 FR 78145, Dec. 23, 2002] cant for a license who would, upon issuance of a license pursuant to any part of this chapter, be subject to the requirements of paragraph (a) of this section shall:

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(1) Submit a fundamental nuclear ments of paragraphs (c)(3) (i) and (ii) of material control plan describing how this section; the performance objectives of § 74.33(a), (4) A physical inventory program the system features and capabilities of that provides for: § 74.33(c), and the recordkeeping re- (i) Performing, unless otherwise requirements of § 74.33(d) will be met; and quired to satisfy part 75 of this chap- (2) Implement the NRC approved plan ter, a dynamic (nonshutdown) physical submitted pursuant to paragraph (b)(1) inventory of in-process (e.g., in the en- of this section prior to: richment equipment) uranium and U235 (i) The cumulative receipt of 5,000 at least every 65 days, and performing grams of U235 contained in any com- a static physical inventory of all other bination of natural, depleted, or en- uranium and total U235 contained in riched uranium or natural, depleted, and enriched ura- (ii) NRC’s issuance of a license to nium located outside of the enrichment test or operate the enrichment facility; processing equipment at least every 370 whichever occurs first. calendar days, with static physical in- (c) System features and capabilities. To ventories being conducted in conjunc- meet the general performance objec- tion with a dynamic physical inventory tives of paragraph (a) of this section, of in-process uranium and U235 so as to the Material Control and Accounting provide a total plant material balance (MC&A) system must include the fea- at least every 370 calendar days; and tures and capabilities described in (ii) Reconciling and adjusting the paragraphs (c) (1) through (8) of this book inventory to the results of the section. The licensee shall establish, static physical inventory and resolv- document, and maintain: ing, or reporting an inability to re- (1) A management structure that en- solve, any inventory difference that is sures: rejected by a statistical test which has (i) Clear overall responsibility for a 90 percent power of detecting a dis- MC&A functions; crepancy of a quantity of U235, estab- (ii) Independence of MC&A manage- lished by NRC on a site-specific basis, ment from production responsibilities; within 60 days after the start of each (iii) Separation of key MC&A respon- static physical inventory; sibilities from each other; and (5) A detection program, independent (iv) Use of approved written MC&A of production, that provides high assur- procedures and periodic review of those ance of detecting: procedures; (i) Production of uranium enriched to (2) A measurement program that en- 10 percent or more in the U235 isotope, sures that all quantities of source ma- to the extent that SNM of moderate terial and special nuclear material in strategic significance could be pro- the accounting records are based on duced within any 370 calendar day pe- measured values; riod; (3) A measurement control program (ii) Production of uranium enriched that ensures that: to 20 percent or more in the U235 iso- (i) Measurement bias is estimated tope; and and minimized through the measure- (iii) Unauthorized production of ura- ment control program, and any signifi- nium of low strategic significance; cant biases are eliminated from inven- (6) An item control program that en- tory difference values of record; sures that: (ii) All MC&A measurement systems (i) Current knowledge is maintained are controlled so that twice the stand- of items with respect to identity, ura- ard error of the inventory difference, nium and U235 content, and stored loca- based on all measurement error con- tion; and tributions, is less than the greater of (ii) Items are stored and handled, or 5,000 grams of U235 or 0.25 percent of the subsequently measured, in a manner so U235 of the active inventory for each that unauthorized removal of 500 grams total plant material balance; and or more of U235, as individual items or (iii) Any measurements performed as uranium contained in items, will be under contract are controlled so that detected. Exempted from the require- the licensee can satisfy the requirements of paragraph (c)(6) (i) and (ii) of

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this section are licensed-identified Subpart D—Special Nuclear Mate- items each containing less than 500 rial of Moderate Strategic Sig- grams U235 up to a cumulative total of nificance 50 kilograms of U235 and items that exist for less than 14 calendar days; § 74.41 Nuclear material control and (7) A resolution program that ensures accounting for special nuclear ma- that any shipper-receiver differences terial of moderate strategic signifi- are resolved that are statistically sig- cance. 235 nificant and exceed 500 grams U on: (a) General performance objectives. (i) An individual batch basis; and Each licensee who is authorized to pos- (ii) A total shipment basis for all sess special nuclear material (SNM) of source material and special nuclear moderate strategic significance or material; SNM in a quantity exceeding one effec- (8) An assessment program that: tive kilogram of strategic special nu- (i) Independently assesses the effec- clear material in irradiated fuel re- tiveness of the MC&A system at least processing operations other than as every 24 months; sealed sources and to use this material (ii) Documents the results of the at any site other than a nuclear reac- above assessment; tor licensed pursuant to part 50 of this (iii) Documents management’s find- chapter; or as reactor irradiated fuels ings on whether the MC&A system is involved in research, development, and currently effective; and evaluation programs in facilities other (iv) Documents any actions taken on than irradiated fuel reprocessing recommendations from prior assess- plants; or an operation involved with ments. waste disposal, shall establish, imple- (d) Recordkeeping. (1) Each licensee ment, and maintain a Commission-ap- shall establish records that will dem- proved material control and account- onstrate that the performance objec- ing (MC&A) system that will achieve tives of paragraph (a) of this section the following performance objectives: and the system features and capabili- (1) Maintain accurate, current, and ties of paragraph (c) of this section reliable information on, and confirm, have been met and maintain these the quantities and locations of SNM in records in an auditable form, available the licensee’s possession; for inspection, for at least 3 years, un- (2) Conduct investigations and re- less a longer retention time is required solve any anomalies indicating a pos- by part 75 of this chapter. sible loss of special nuclear material; (2) Records that must be maintained (3) Permit rapid determination of pursuant to this part may be the origi- whether an actual loss of a significant nal or a reproduced copy or a quantity of SNM has occurred, with microform if such reproduced copy or significant quantity being either: microform is duly authenticated by au- (i) More than one formula kilogram thorized personnel and the microform of strategic SNM; or is capable of producing a clear and leg- (ii) 10,000 grams or more of uranium- ible copy after storage for the period 235 contained in uranium enriched up specified by Commission regulations. to 20.00 percent. The record may also be stored in elec- (4) Generate information to aid in the tronic media with the capability for investigation and recovery of missing producing, on demand, legible, accu- SNM in the event of an actual loss. rate, and complete records during the (b) Implementation schedule. Each ap- required retention period. Records such plicant for a license, and each licensee as letters, drawings, and specifications that, upon application for modification must include all pertinent information of its license, would become newly sub- such as stamps, initials, and signa- ject to the requirements of paragraph tures. (a) of this section shall: (3) The licensee shall maintain ade- (1) Submit a fundamental nuclear quate safeguards against tampering material control (FNMC) plan describ- with and loss of records. ing how the performance objectives of [56 FR 55999, Oct. 31, 1991] § 74.41(a) will be achieved, and how the

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system capabilities required by fectiveness of the MC&A system are § 74.41(c) will be met; and trained to maintain a high level of (2) Implement the NRC-approved safeguards awareness and are qualified FNMC plan submitted pursuant to to perform their duties and/or respon- paragraph (b)(1) of this section upon sibilities. the Commission’s issuance or modifica- (5) The licensee shall establish, docu- tion of a license or by the date speci- ment, and maintain an item control fied in a license condition. program that: (c) System capabilities. To achieve the (i) Provides current knowledge of performance objectives specified in SNM items with respect to identity, § 74.41(a), the MC&A system must in- element and isotope content, and clude the capabilities described in stored location; and §§ 74.43 and 74.45, and must incorporate (ii) Assures that SNM items are checks and balances that are sufficient stored and handled, or subsequently to detect falsification of data and re- measured, in a manner such that unau- ports that could conceal diversion of thorized removal of 200 grams or more SNM by: (1) A single individual, including an of plutonium or uranium-233 or 300 employee in any position; or grams or more of uranium-235, as one (2) Collusion between two individ- or more whole items and/or as SNM re- uals, one or both of whom have author- moved from containers, will be de- ized access to SNM. tected. (6) Exempted from the requirements [67 FR 78146, Dec. 23, 2002] of paragraph (b)(5) of this section are items that exist for less than 14 cal- § 74.43 Internal controls, inventory, and records. endar days and licensee-identified items each containing less than 200 (a) General. Licensees subject to grams of plutonium or uranium-233 or § 74.41 shall maintain the internal con- 300 grams or more of uranium-235 up to trol, inventory, and recordkeeping ca- a cumulative total of one formula kilo- pabilities required in paragraphs (b), gram of strategic SNM or 17 kilograms (c), and (d) of this section. of uranium-235 contained in uranium (b) Internal controls. enriched to 10.00 percent or more but (1) A management structure shall be less than 20.00 percent in the uranium- established, documented, and main- 235 isotope. tained that assures: (i) Clear overall responsibility for (7) Conduct and document shipper-re- material control and accounting ceiver comparisons for all SNM re- (MC&A) functions; ceipts, both on an individual batch (ii) Independence from production basis and a total shipment basis, and and manufacturing responsibilities; ensure that any shipper-receiver dif- and ference that is statistically significant (iii) Separation of key responsibil- and exceeds twice the estimated stand- ities. ard deviation of the difference esti- (2) The overall planning, coordina- mator and 200 grams of plutonium or tion, and administration of the MC&A uranium-233 or 300 grams of uranium- functions for special nuclear material 235 is investigated and resolved; and (SNM) shall be vested in a single indi- (8) Perform independent assessments vidual at an organizational level suffi- of the total MC&A system, at intervals cient to assure independence of action not to exceed 18 months, that assess and objectiveness of decisions. the performance of the system, review (3) The licensee shall provide for the its effectiveness, and document man- adequate review, approval, and use of agement’s action on prior assessment written MC&A procedures that are recommendations and identified defi- identified in the approved FNMC plan ciencies. These assessments must in- as being critical to the effectiveness of clude a review and evaluation of any the described system. contractor who performs SNM account- (4) The licensee shall assure that per- ability measurements for the licensee. sonnel who work in key positions (c) Inventory control and physical in- where mistakes could degrade the ef- ventories. The licensee shall:

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(1) Provide unique identification for be shut down, cleaned out, and/or re- each item on inventory and maintain main static; inventory records showing the iden- (iii) Identify the basis for accepting tity, location, and quantity of SNM for previously made measurements and these items; their limits of error; and (2) Document all transfers of SNM be- (iv) Designate measurements to be tween designated internal control made for physical inventory purposes areas within the licensee’s site; and the procedures for making these (3) Maintain and follow procedures measurements. for tamper-safing of containers or (7) Conduct physical inventories of vaults containing SNM, if tamper-safe all possessed SNM for each plant at in- seals are to be used for assuring the va- tervals not to exceed 9 calendar lidity of prior measurements, which in- months; and clude control of access to, and distribu- (8) Within 60 calendar days after the tion of, unused seals and to records start of each physical inventory re- showing the date and time of seal ap- quired by paragraph (c)(7) of this sec- plication; tion: (4) Maintain and follow procedures (i) Calculate, for the material bal- for confirming the validity of prior ance period terminated by the physical measurements associated with inventory, the inventory difference unencapsulated and unsealed items on (ID) and its associated standard error ending inventory; of inventory difference (SEID) for both (5) Maintain and follow physical in- element and isotope; ventory procedures to assure that: (ii) Reconcile and adjust the book (i) The quantity of SNM associated record of quantity of element and iso- with each item on ending inventory is a measured value; tope content, as appropriate, to the results of the physical inventory; and (ii) Each item on ending inventory is listed and identified to assure that all (iii) Investigate and report to the Di- items are listed and no item is listed rector, Office of Nuclear Material Safe- more than once; ty and Safeguards, any occurrence of (iii) Cutoff procedures for transfers SEID exceeding 0.125 percent of active and processing are established so that inventory, and any occurrence of ID ex- all quantities are inventoried and none ceeding both three times SEID and 200 are inventoried more than once; grams of plutonium or uranium-233 or (iv) Cutoff procedures for records and 300 grams of uranium-235 contained in reports are established so that only high enriched uranium, or 9000 grams transfers for the inventory and mate- of uranium-235 contained in low en- rial balance interval are included in riched uranium. The report shall in- the records for the material balance clude a statement of the probable rea- period in question; sons for the excessive inventory dif- (v) Upon completion of the physical ference and the corrective actions inventory, all book and inventory taken or planned. records, for total plant and individual (d) Recordkeeping. The licensee shall: internal control areas, are reconciled (1) Maintain records of the receipt, with and adjusted to the results of the shipment, disposal, and current inven- physical inventory; and tory associated with all possessed (vi) Measurements will be performed SNM; for element and isotope content on all (2) Maintain records of the quantities quantities of SNM not previously of SNM added to and removed from measured. process; (6) Conduct physical inventories ac- (3) Maintain records of all shipper-recording to written instructions for ceiver evaluations associated with each physical inventory which: SNM receipts; (i) Assign inventory duties and re- (4) Retain each record pertaining to sponsibilities; receipt and disposal of SNM until the (ii) Specify the extent to which each Commission terminates the license; internal control area and process is to and

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(5) Establish records that will dem- (2) Maintain and follow a program for onstrate that the performance objec- the development and use of written tives of § 74.41(a)(1) through (4), the sys- procedures that includes documented tem capabilities of paragraphs (b) and review and approval of these proce- (c) of this section and § 74.45(b) and (c) dures, and any revisions thereof, before have been met, and maintain these use, for: records in an auditable form, available (i) Preparing or acquiring, maintain- for inspection, for at least 3 years, un- ing, storing, and using reference stand- less a longer retention time is specified ards; by § 74.19(b), part 75 of this chapter, or (ii) Calibrating measurement sys- by a specific license condition. tems, performing bulk mass and vol- [67 FR 78146, Dec. 23, 2002] ume measurements, conducting non- destructive assay measurements, ob- § 74.45 Measurements and measure- taining samples, and performing lab- ment control. oratory analyses for element con- (a) General. Licensees subject to centration and isotope abundance; and § 74.41 of this part shall establish and (iii) Recording, reviewing, and re- maintain the measurement and meas- porting measurements. urement control capabilities required (c) Measurement control. To maintain by paragraphs (b) and (c) of this sec- measurement quality and to estimate tion. measurement uncertainty values, the (b) Measurements. The licensee shall: licensee shall: (1) Establish, maintain, and use a (1) Assign responsibility for planning, program for the measurement of all developing, coordinating, and admin- SNM received, produced, transferred istering a measurement control pro- between internal control areas, on in- gram to an individual who has no di- ventory, or shipped, discarded, or oth- rect responsibility for performing erwise removed from inventory, except measurements or for SNM processing for: or handling, and who holds a position (i) Sealed sources that have been de- at an organizational level which per- termined by other means to contain mits independence of action and has less than 10 grams of uranium-235, ura- adequate authority to obtain all the in- nium-233, or plutonium each; formation required to monitor and (ii) Samples received, transferred be- evaluate measurement quality as re- tween internal control areas, or on in- quired by this section. ventory that have been determined by other means to contain less than 10 (2) Ensure that any contractor who grams of uranium-235, uranium-233, or performs MC&A measurements services plutonium each; conforms with applicable requirements (iii) Receipt of sealed sources, of any in paragraphs (c)(5), (6), (7), (10) and (11) quantity, previously manufactured and of this section. Conformance must in- shipped by the licensee and which are clude reporting by the contractor of returned to the licensee, provided the sufficient measurement control data to unique identity and encapsulation in- allow the licensee to calculate bias cor- tegrity have not been compromised, rections and measurement limits of and the booked receipt quantity equals error. the previously shipped quantity for the (3) Ensure that potential sources of involved sealed sources; and sampling error are identified and that (iv) Heterogeneous scrap that cannot samples are representative by per- be accurately measured in its as re- forming process sampling tests using ceived form, provided this scrap is well characterized materials to estab- measured after dissolution within 18 lish or verify the applicability of uti- months of receipt. The after dissolu- lized procedures for sampling SNM and tion measurement must include meas- for maintaining sample integrity dur- urement of both the resulting solution ing transport and storage. These sam- and any undissolved residues, before pling tests or sample integrity tests, as any co-mingling with other scrap solu- appropriate, shall be conducted when- tions or residues. ever:

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(i) A new sampling procedure or tech- (iii) Replicate volume measurements nique is used, or new sampling equip- of bulk process batches; ment is installed; (iv) Replicate weight measurements (ii) A sampling procedure, technique, of process items and bulk batches, or or sampling equipment is modified to alternatively, the use of data generated the extent that a systematic sampling from the replicate weighings of control error could be introduced; and standard weights as derived from the (iii) Sample containers, sample control standard program; and transport methods, or sample storage (v) Replicate NDA measurements of conditions are changed or modified to individual process containers (items), the extent that a systematic sampling or alternatively, the use of data gen- error could be introduced. erated from the replicate measure- (4) Establish and maintain a meas- ments of NDA control standards as de- urement control program so that for rived from the control standard pro- each inventory period the SEID is less gram. than 0.125 percent of the active inven- (8) Use all measurements and meas- tory, and assure that any MC&A measurement controls generated during the urements performed under contract are current material balance period for the controlled so that the licensee can sat- estimation of the SEID. isfy this requirement. (9) Evaluate with appropriate statis- (5) Generate current data on the per- tical methods all measurement system formance of each measurement system data generated in paragraph (c)(5) of used during each material balance period for the establishment of measured this section to determine significant values and estimated measurement un- contributors to the measurement uncertainties, including estimates of certainties associated with inventory bias, variance components for calibra- differences and shipper-receiver dif- tion, sampling, and repeat measure- ferences, so that if SEID exceeds the ments. The program data must reflect limits established in paragraph (c)(4) of the current process and measurement this section, the cause of the excessive conditions existing at the time the SEID can be identified for corrective control measurements are made. action with respect to controlling the (6) Use standards on an ongoing basis standard error within applicable limits. for the calibration and control of all (10) Establish and maintain a statis- measurement systems used for SNM tical control system, including control accountability. Calibrations shall be charts and formal statistical proce- repeated whenever any significant dures, designed to monitor the quality change occurs in a measurement sys- of each measurement device or system. tem or when program data indicate a Control chart limits must be estab- need for recalibration. Calibrations and lished to be equivalent to levels of sig- control standard measurements shall nificance of 0.05 and 0.001. be based on standards whose assigned (11) Promptly investigate and take values are traceable to certified ref- any appropriate corrective action erence standards or certified standard whenever a control datum exceeds an reference materials. Additionally, con- 0.05 control limit, and whenever a control standards shall be representative trol datum exceeds an 0.001 control of the process material or items being limit, the measurement system that measured by the measurement system in question. generated the datum shall immediately be placed out-of-service with respect to (7) Conduct control measurements to provide current data for the determina- MC&A measurements until the defi- tion of random error behavior. On a ciency has been corrected and the sys- predetermined schedule, the program tem brought into control within the shall include, as appropriate: 0.05 control limits. (i) Replicate analyses of individual [67 FR 78146, Dec. 23, 2002] samples; (ii) Analysis of replicate process samples;

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Subpart E—Formula Quantities of that, upon application for modification Strategic Special Nuclear Material of a license, would become newly subject to paragraph (a) of this section, shall submit a fundamental nuclear SOURCE: 52 FR 10040, Mar. 30, 1987, unless material control (FNMC) plan describ- otherwise noted. ing how the MC&A system shall satisfy § 74.51 Nuclear material control and the requirement of paragraph (b) of accounting for strategic special nu- this section. The FNMC plan shall be clear material. implemented when a license is issued (a) General performance objectives. or modified to authorize the activities Each licensee who is authorized to pos- being addressed in paragraph (a) of this sess five or more formula kilograms of section, or by the date specified in a li- strategic special nuclear material cense condition. (SSNM) and to use such material at (d) Inventories. Notwithstanding any site, other than a nuclear reactor § 74.59(f)(1), licensees shall perform at licensed pursuant to part 50 of this least three bimonthly physical inven- chapter, an irradiated fuel reprocessing tories after implementation of the NRC plant, an operation involved with approved FNMC Plan and shall con- waste disposal, or an independent spent tinue to perform bimonthly inventories fuel storage facility licensed pursuant until performance acceptable to the to part 72 of this chapter shall estab- NRC has been demonstrated and the lish, implement, and maintain a Com- Commission has issued formal approval mission-approved material control and to perform semiannual inventories. Li- accounting (MC&A) system that will censees who have prior experience with achieve the following objectives: process monitoring and/or can dem- (1) Prompt investigation of anoma- onstrate acceptable performance lies potentially indicative of SSNM against all Plan commitments may re- losses; quest authorization to perform semi- (2) Timely detection of the possible annual inventories at an earlier date. abrupt loss of five or more formula [52 FR 10040, Mar. 30, 1987, as amended at 63 kilograms of SSNM from an individual FR 26963, May 15, 1998; 67 FR 78148, Dec. 23, unit process; 2002] (3) Rapid determination of whether an actual loss of five or more formula § 74.53 Process monitoring. kilograms occurred; (a) Licensees subject to § 74.51 shall (4) Ongoing confirmation of the pres- monitor internal transfers, storage, ence of SSNM in assigned locations; and processing of SSNM. The process and monitoring must achieve the detection (5) Timely generation of information capabilities described in paragraph (b) to aid in the recovery of SSNM in the of this section for all SSNM except: event of an actual loss. (1) SSNM that is subject to the item (b) System capabilities. To achieve the loss detection requirements of § 74.55; general performance objectives speci- (2) Scrap in the form of small pieces, fied in § 74.51(a), the MC&A system cuttings, chips, solutions, or in other must provide the capabilities described forms that result from a manufac- in §§ 74.53, 74.55, 74.57 and 74.59 and must turing process, held in containers of 30 incorporate checks and balances that gallons or larger, with an SSNM con- are sufficient to detect falsification of tent of less than 0.25 grams per liter; data and reports that could conceal di- (3) SSNM with an estimated measure- version by: ment standard deviation greater than (1) An individual, including an em- five percent that is either input or out- ployee in any position; or put material associated with a unit (2) Collusion between an individual that processes less than five formula with MC&A responsibilities and an- kilograms over a consecutive three- other individual who has responsibility month period; and or control within both the physical (4) SSNM involved in research and protection and the MC&A systems. development operations that process (c) Implementation dates. Each appli- less than five formula kilograms dur- cant for a license, and each licensee ing any seven-consecutive-day period.

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(b) Unit process detection capability. (1) Tamper-safed or placed in a vault For each unit process, a licensee shall or controlled access area that provides establish a production quality control protection at least equivalent to tam- program capable of monitoring the sta- per-safing; or tus of material in process. The program (2) Sealed such that removal of shall include: SSNM would be readily and perma- (1) A statistical test that has at least nently apparent (e.g., encapsulated). a 95 percent power of detecting an ab- (b) The licensee shall verify on a sta- rupt loss of five formula kilograms tistical sampling basis, the presence within three working days of a loss of and integrity of SSNM items. The sta- Category IA material from any acces- tistical sampling plan must have at sible process location and within seven least 99 percent power of detecting calendar days of a loss of Category IB item losses that total five formula material from any accessible process kilograms or more, plant-wide, within: location; (1) Thirty calendar days for Category (2) A quality control test whereby IA items and 60 calendar days for Cat- process differences greater than three egory IB items contained in a vault or times the estimated standard deviation in a permanently controlled access of the process difference estimator and area isolated from the rest of the mate- 25 grams of SSNM are investigated; and rial access area (MAA); (3) A trend analysis for monitoring (2) Three working days for Category and evaluating sequences of material IA items and seven calendar days for control test results from each unit Category IB items located elsewhere in process to determine if they indicate a the MAA, except for reactor compo- pattern of losses or gains that are of nents measuring at least one meter in safeguards significance. length and weighing in excess of 30 (c) For research and development op- kilograms for which the time interval erations exempt from the requirements shall be 30 days; of paragraph (b) of this section, the li- (3) Sixty calendar days for items in a censee shall: permanently controlled access area (1) Perform material balance tests on outside of an MAA; or a lot or a batch basis, as appropriate, (4) Sixty calendar days for samples in or monthly, whichever is sooner, and a vault or permanently controlled ac- investigate any difference greater than cess area and 30 calendar days for sam- 200 grams of plutonium or U–233 or 300 ples elsewhere in the MAA for samples grams of U–235 that exceeds three each containing less than 0.05 formula times the estimated standard error of kilograms of SSNM. the inventory difference estimator; (c) Items containing scrap in the (2) Evaluate material balance results form of small pieces, cuttings, chips, generated during an inventory period solutions, or in other forms that result for indications of measurement biases from a manufacturing process, held in or unidentified loss streams and inves- containers of 30 gallon or larger, with tigate, determine the cause(s) of, and an SSNM concentration of less than institute corrective action for cumu- 0.25 grams per liter are exempt from lative inventory differences generated the requirements of paragraph (b) of during an inventory period that exceed this section. three formula kilograms of SSNM. [52 FR 10040, Mar. 30, 1987, as amended at 80 FR 45844, Aug. 3, 2015] § 74.55 Item monitoring. (a) Licensees subject to § 74.51 shall § 74.57 Alarm resolution. provide the detection capability de- (a) Licensees subject to § 74.51 shall scribed in paragraph (b) of this section provide the MC&A alarm resolution ca- for laboratory samples containing less pabilities described in paragraphs (b) than 0.05 formula kilograms of SSNM through (f) of this section. and any uniquely identified items of (b) Licensees shall resolve the nature SSNM that have been quantitatively and cause of any MC&A alarm within measured, the validity of that meas- approved time periods. urement independently confirmed, and (c) Each licensee shall notify the that additionally have been either: NRC Operations Center by telephone of

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any MC&A alarm that remains unre- counting capabilities described in para- solved beyond the time period specified graphs (b) through (h) of this section. for its resolution in the licensee’s fun- (b) Management structure. The li- damental nuclear material control censee shall: plan. Notification must occur within 24 (1) Establish and maintain a manage- hours except when a holiday or week- ment structure that includes clear end intervenes in which case the notifi- overall responsibility for planning, co- cation must occur on the next sched- ordinating, and administering material uled workday. The licensee may con- control and accounting functions, inde- sider an alarm to be resolved if: pendence of material control and ac- (1) Clerical or computational error is counting functions from production re- found that clearly was the cause for sponsibilities, and separation of func- the alarm; or tions such that the activities of one in- (2) An assignable cause for the alarm dividual or organizational unit serve as is identified or it is substantiated that controls over and checks of the activi- no material loss has occurred. ties of others; and (d) If a material loss has occurred, (2) Provide for the adequate review, the licensee shall determine the approval, and use of those material amount of SSNM lost and take correc- control and accounting procedures that tive action to: are identified in the approved FNMC (1) Return out-of-place SSNM, if pos- plan as being critical to the effective- sible, to its appropriate place; ness of the described system. (2) Update and correct associated (c) Personnel qualification and train- records; and ing. The licensee shall assure that per- (3) Modify the MC&A system, if ap- sonnel who work in key positions propriate, to prevent similar future oc- where mistakes could degrade the ef- currences. fectiveness of the material control and accounting system are trained to main- (e) The licensee shall provide an abil- tain a high level of safeguards aware- ity to rapidly assess the validity of al- ness and are qualified to perform their leged thefts. duties and/or responsibilities. (f) If an abrupt loss detection esti- (d) Measurements. The licensee shall mate exceeds five formula kilograms of establish and maintain a system of SSNM: measurements sufficient to: (1) Material processing operations re- (1) Substantiate the plutonium ele- lated to the alarm must be suspended ment and uranium element and isotope until completion of planned alarm res- content of all SSNM received, pro- olution activities, unless the suspen- duced, transferred between areas of sion of operations will adversely affect custodial responsibility, on inventory, the ability to resolve the alarm. Oper- or shipped, discarded, or otherwise re- ation of continuous processes may con- moved from inventory; tinue for 24 hours from the time of the (2) Enable the estimation of the occurrence of the alarm during which standard deviation associated with time checks shall be made for mistakes each measured quantity; and in records or calculations that could (3) Provide the data necessary for have caused the alarm. performance of the material control (2) Within 24 hours, the licensee shall tests required by § 74.53(b). notify the NRC Operations Center by (e) Measurement control. The licensee telephone that an MC&A alarm resolu- shall assure that the quality of SSNM tion procedure has been initiated. measurement systems and material [52 FR 10040, Mar. 30, 1987, as amended at 54 processing practices is continually con- FR 6877, Feb. 15, 1989; 55 FR 5979, Feb. 21, trolled to a level of effectiveness suffi- 1990; 60 FR 24553, May 9, 1995; 67 FR 78148, cient to satisfy the capabilities re- Dec. 23, 2002] quired for detection, response, and accounting. To achieve this objective the § 74.59 Quality assurance and account- licensee shall: ing requirements. (1) Perform engineering analyses and (a) Licensees subject to § 74.51 shall evaluations of the design, installation, provide the quality assurance and ac- preoperational tests, calibration, and

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operation of all measurement systems performance is so controlled that the to be used for MC&A purposes; SEID estimator is less than 0.1 percent (2) Perform process and engineering of active inventory. tests using well characterized mate- (6) Apply bias corrections by an ap- rials to establish or to verify the appli- propriate procedure whereby: cability of existing procedures for mix- (i) Bias corrections are applied to in- ing and sampling SSNM and maintain- dividual items if for any measurement ing sample integrity during transport system the relative bias estimate ex- and storage. Tests must be repeated at ceeds twice the standard deviation of least every three years, at any time its estimator, the absolute bias esti- there is a process modification that al- mate exceeds 50 grams of SSNM when ters the physical or chemical composi- applied across all affected items, and tion of the SSNM, or whenever there is the absolute bias estimate on an indi- a change in the sampling technique or vidual item basis exceeds the rounding equipment; and error of affected items; and (3) Generate current data on the per- (ii) All biases (regardless of signifi- formance of measurement processes, cance) that are not applied as correc- including, as appropriate, values for tions to individual items are applied as bias corrections, uncertainties on cali- a correction to the inventory dif- bration factors, and random error ference. standard deviations. The program must (7) Investigate and take corrective include: action, as appropriate, to identify and (i) The onging use of standards for reduce associated measurement biases calibration and control of all applica- when, for like material types (i.e., ble measurement systems. Calibrations measured by the same measurement must be repeated whenever any change system), the net cumulative shipper/re- in a measurement system occurs which ceiver differences accumulated over a has the potential to affect a measure- six-month period exceed the larger of ment result or when program data, one formula kilogram or 0.1 percent of generated by tests performed at a pre- the total amount received. determined frequency, indicate a need (8) Establish and maintain a statis- for recalibration. Calibrations and tical control system designed to mon- tests must be based on standards with itor the quality of each type of pro- traceability to national standards or gram measurement. Control limits nationally accepted measurement sys- must be established to be equivalent to tems; and levels of significance of 0.05 and 0.001. (ii) A system of control measure- Control data exceeding the 0.05 limits ments to provide current data for the must be investigated and corrective ac- estimation of the standard deviations tion taken in a timely manner. When- that are significant contributors to the ever a single data point exceeds the measurement uncertainties associated 0.001 control limit, the measurement with shipper/receiver differences, in- system in question must not be used ventory differences, and process dif- for material control and accounting ferences. purposes until it has been brought into (4) Utilize the data generated during control at the 0.05 level. the current material balance period for (f) Physical inventory. The licensee the estimation of the standard error of shall: the inventory difference (SEID) and the (1) Except as required by part 75 of standard error of the process dif- this Chapter, perform a physical inven- ferences. Calibration and measurement tory at least every six calendar months error data collected and used during and within 45 days after the start of immediately preceding material bal- the ending inventory: ance periods may be combined with (i) Calculate the inventory difference current data provided that the meas- (ID); estimate the standard error of the urement systems are in statistical con- inventory difference (SEID); and inves- trol and the combined data are utilized tigate and report any SEID estimate of in characterizing the unknowns. 0.1 percent or more of active inventory, (5) Evaluate all program data and in- and any ID that exceeds both three formation to assure that measurement times SEID and 200 grams of plutonium

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or uranium-233, or 300 grams of ura- measured for element and isotope, as nium-235 contained in high enriched appropriate, and remeasurement of ma- uranium. terial previously measured but whose (ii) If required to perform an inves- validity has not been assured by tam- tigation pursuant to paragraph (f)(1)(i) per-safing or equivalent protection; of this section, evaluate the signifi- and cance of the inventory difference rel- (ix) Written instructions for con- ative to expected performance as deter- ducting physical inventories that de- mined from an analysis of an appro- tail assignments, responsibilities, and priate sequence of historical inventory preparation for and performance of an differences; inventory. (iii) Investigate and report, by an ap- (g) Accounting. The licensee shall es- propriate method listed in § 74.6, to the tablish auditable records sufficient to Director, Office of Nuclear Material demonstrate that the requirements of Safety and Safeguards, any difference §§ 74.53, 74.55, 74.57, and 74.59 have been that exceeds three times the standard met and retain those records for at deviation determined from the sequen- least three years unless a longer reten- tial analysis; tion period is required by part 75 of (iv) Perform a reinventory if directed this Chapter. to do so by the Commission; and (h) Internal control. The licensee (v) Reconcile and adjust the plant shall: and subsidiary book records to the re- (1) Establish procedures for shipping sults of the physical inventory. and receiving SSNM that provide for: (2) Implement policies, practices, and (i) Accurate identification and meas- procedures designed to ensure the qual- urement of the quantities shipped and ity of physical inventories. These must received; include: (i) Development of procedures for (ii) Review and evaluation of shipper/ tamper-safing of containers or vaults receiver differences on an individual containing SSNM not in process that container or lot basis, as appropriate, include adequate controls to assure the on a shipment basis, and on a batch validity of assigned SSNM values; basis when required by part 75 of this (ii) Maintenance of records of the Chapter; quantities of SSNM added to and re- (iii) Investigation and corrective ac- moved from process; tion when shipper/receiver differences (iii) Requirements for signed docu- exceed twice the estimated standard mentation of all SSNM transfers be- deviation of the difference estimator tween areas with different custodial re- and the larger of 0.5 percent of the sponsibility that reflect all quantities amount of SSNM in the container, lot, of SSNM transferred; or shipment, as appropriate, or 50 (iv) Means for control of and account- grams of SSNM; and ing for internal transfer documents; (iv) Documentation of shipper/re- (v) Cutoff procedures for transfers ceiver difference evaluations, inves- and processing so that all quantities of tigations, and corrective actions. SSNM are inventoried and none are (2) Establish a scrap control program inventoried more than once; that assures that: (vi) Cutoff procedures for records and (i) Internally generated scrap and reports so that all transfers for the in- scrap from other licensees or contrac- ventory and material balance interval tors is segregated until accountability and no others are included in the is established; and records; (ii) Any scrap measured with a stand- (vii) Inventory procedures for sealed ard deviation greater than five percent sources and containers or vaults con- of the measured amount is recovered so taining SSNM that assure reliable that the results are segregated by in- identification and quantification of ventory period and recovered within contained SSNM; six months of the end of the inventory (viii) Inventory procedures for in- period in which the scrap was gen- process SSNM that provide for meas- erated except where it can be dem- urement of quantities not previously onstrated that the scrap measurement

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uncertainty will not cause noncompli- the inspector both visual and acoustic ance with § 74.59(e)(5). privacy. (3) Incorporate checks and balances (2) For a site with a single fuel facil- in the MC&A system sufficient to con- ity licensed pursuant to part 70 of this trol the rate of human errors in mate- chapter, the space provided shall be rial control and accounting informa- adequate to accommodate a full-time tion. inspector, a part-time secretary, and (4) Perform independent assessments transient NRC personnel. It will be at least every 12 months that assess generally commensurate with other of- the performance of the MC&A system, fice facilities at the site. A space of 250 review its effectiveness, and document square feet either within the site’s of- management’s action on prior assess- fice complex or in an office trailer or ment recommendations. Assessments other on-site space is suggested as a must include an evaluation of the guide. For sites containing multiple measurement control program of any fuel facilities, additional space may be outside contractor laboratory per- requested to accommodate additional forming MC&A measurements for a li- full-time inspector(s). The office space censee, unless the contractor is also that is provided shall be subject to the subject to the requirements of § 74.59(e). approval of the Director, Office of Nu- (5) Assign custodial responsibility in clear Material Safety and Safeguards a manner that ensures that such re- or the appropriate NRC Regional Ad- sponsibility can be effectively executed ministrator. All furniture, supplies, for all SSNM possessed under license. and communication equipment will be furnished by the Commission. [52 FR 10040, Mar. 30, 1987, as amended at 54 FR 6878, Feb. 15, 1989; 55 FR 5979, Feb. 21, (3) The licensee shall afford any NRC 1990; 60 FR 24553, May 9, 1995; 67 FR 78148, resident inspector assigned to their Dec. 23, 2002; 68 FR 58822, Oct. 10, 2003] site, or other NRC inspectors identified by the Director of the Office of Nuclear Subpart F—Enforcement Material Safety and Safeguards as likely to inspect the facility, imme- § 74.81 Inspections. diate unfettered access, equivalent to access provided regular plant employ- (a) Each licensee shall afford to the ees, following proper identification and Commission at all reasonable times op- compliance with applicable access con- portunity to inspect special nuclear trol measures for security, radiological material and the premises and facili- protection, and personal safety. ties wherein special nuclear material is (d) At a facility using and possessing used, produced, or stored. a formula quantity of strategic special (b) Each licensee shall make avail- nuclear material in unirradiated form, able to the Commission for inspection, the licensee may not announce or oth- upon reasonable notice, records kept erwise communicate to its employees by the licensee pertaining to its re- or site contractors the arrival or pres- ceipt, possession, use, acquisition, im- ence of an NRC safeguards inspector port, export, or transfer of special nu- unless specifically requested to do so clear material. by the safeguards inspector. (c)(1) In the case of fuel cycle facilities where nuclear reactor fuel is fab- [50 FR 7579, Feb. 25, 1985, as amended at 52 ricated or processed, each licensee FR 31613, Aug. 21, 1987; 54 FR 6878, Feb. 15, shall upon request by the Director, Of- 1989; 55 FR 5979, Feb. 21, 1990; 58 FR 29522, fice of Nuclear Material Safety and May 21, 1993] Safeguards or the appropriate NRC Re- § 74.82 Tests. gional Administrator, provide rent-free office space for the exclusive use of Each licensee shall perform, or per- Commission inspection personnel. mit the Commission to perform, any Heat, air conditioning, light, electrical tests that the Commission deems ap- outlets, and janitorial services shall be propriate or necessary for the adminis- furnished by each licensee. The office tration of the regulations in this part, shall be convenient to and have full ac- including tests of: cess to the facility, and shall provide (a) Special nuclear material;

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(b) Facilities where special nuclear are as follows: §§ 74.1, 74.2, 74.4, 74.5, material is utilized, produced, or 74.6, 74.7, 74.8, 74.83 and 74.84. stored; and [57 FR 55079, Nov. 24, 1992] (c) Other equipment and devices used in connection with the production, uti- lization, or storage of special nuclear PART 75—SAFEGUARDS ON NU- material. CLEAR MATERIAL—IMPLEMENTA- TION OF SAFEGUARDS AGREE- § 74.83 Violations. MENTS BETWEEN THE UNITED (a) The Commission may obtain an STATES AND THE INTERNATIONAL injunction or other court order to pre- ATOMIC ENERGY AGENCY vent a violation of the provisions of— (1) The Atomic Energy Act of 1954, as GENERAL PROVISIONS amended; Sec. (2) Title II of the Energy Reorganiza- 75.1 Purpose. tion Act of 1974, as amended; or 75.2 Scope. (3) A regulation or order issued pur- 75.3 Exemptions. suant to those Acts. 75.4 Definitions. (b) The Commission may obtain a 75.5 Interpretations. court order for the payment of a civil 75.6 Reporting requirements for facilities, penalty imposed under section 234 of locations, and nuclear material outside the Atomic Energy Act: facilities. 75.7 Notification of IAEA safeguards. (1) For violations of— 75.8 IAEA inspections (i) Sections 53, 57, 62, 63, 81, 82, 101, 75.9 Information collection requirements: 103, 104, 107, or 109 of the Atomic En- OMB approval. ergy Act of 1954, as amended; (ii) Section 206 of the Energy Reorga- INFORMATION FOR FACILITIES, LOCATIONS, AND nization Act; NUCLEAR MATERIAL OUTSIDE FACILITIES (iii) Any rule, regulation, or order 75.10 Facilities. issued pursuant to the sections speci- 75.11 Locations. fied in paragraph (b)(1)(i) of this sec- 75.12 Nuclear material outside facilities. tion; 75.13 Communication of information to the International Atomic Energy Agency (iv) Any term, condition, or limita- (IAEA). tion of any license issued under the sections specified in paragraph (b)(1)(i) MATERIAL ACCOUNTING AND CONTROL of this section. 75.15 Facility attachments. (2) For any violation for which a li- 75.21 General requirements. cense may be revoked under section 186 75.22 Accounting records. of the Atomic Energy Act of 1954, as 75.23 Operating records. amended. 75.24 Retention of records.

[57 FR 55079, Nov. 24, 1992] IAEA NUCLEAR MATERIAL EXEMPTIONS AND TERMINATIONS § 74.84 Criminal penalties. 75.26 Exemption from IAEA safeguards. (a) Section 223 of the Atomic Energy 75.27 Requirements for facilities, locations, Act of 1954, as amended, provides for and nuclear material outside facilities criminal sanctions for willful violation after issuance of IAEA exemptions. of, attempted violation of, or con- 75.28 Termination from IAEA safeguards. spiracy to violate, any regulation 75.29 Requirements for facilities, locations, issued under sections 161b, 161i, or 161o and nuclear material outside facilities after termination from IAEA safeguards. of the Act. For purposes of section 223, all the regulations in part 74 are issued REPORTS under one or more of sections 161b, 161i, 75.31 General requirements. or 161o, except for the sections listed in 75.32 Initial inventory report. paragraph (b) of this section. 75.33 Accounting reports. (b) The regulations in part 74 that 75.34 Inventory change reports. are not issued under sections 161b, 161i, 75.35 Material status reports. or 161o for the purposes of section 223 75.36 Special reports.

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