Nuclear Regulatory Commission § 70.5 section 51 of the act, determines to be intermediates, which are unsuitable for special nuclear material, but does not use in their present form, but all or include source material; or (2) any ma- part of which will be used after further terial artificially enriched by any of processing. the foregoing but does not include Strategic special nuclear material source material; means uranium-235 (contained in ura- Special nuclear material of low strategic nium enriched to 20 percent or more in significance means: the U235 isotope), uranium-233, or pluto- (1) Less than an amount of special nium. nuclear material of moderate strategic Transient shipment means a shipment significance as defined in paragraph (1) of nuclear material, originating and of the definition of strategic nuclear terminating in foreign countries, on a material of moderate strategic signifi- vessel or aircraft which stops at a cance in this section, but more than 15 United States port. grams of uranium-235 (contained in Unacceptable performance deficiencies uranium enriched to 20 percent or more mean deficiencies in the items relied in U-235 isotope) or 15 grams of ura- on for safety or the management meas- nium-233 or 15 grams of plutonium or ures that need to be corrected to en- the combination of 15 grams when com- sure an adequate level of protection as puted by the equation, grams = (grams defined in 10 CFR 70.61(b), (c), or (d). contained U-235) + (grams plutonium) + United States, when used in a geo- (grams U-233); or graphical sense, includes Puerto Rico (2) Less than 10,000 grams but more and all territories and possessions of than 1,000 grams of uranium-235 (con- the United States. tained in uranium enriched to 10 per- Uranium enrichment facility means: cent or more but less than 20 percent in (1) Any facility used for separating the U-235 isotope); or the isotopes of uranium or enriching (3) 10,000 grams or more of uranium- uranium in the isotope 235, except lab- 235 (contained in uranium enriched oratory scale facilities designed or above natural but less than 10 percent used for experimental or analytical in the U-235 isotope). purposes only; or This class of material is sometimes re- (2) Any equipment or device, or im- ferred to as a Category III quantity of portant component part especially de- material. signed for such equipment or device, Special nuclear material of moderate capable of separating the isotopes of strategic significance means: uranium or enriching uranium in the (1) Less than a formula quantity of isotope 235. strategic special nuclear material but Worker, when used in Subpart H of more than 1,000 grams of uranium-235 this Part, means an individual who re- (contained in uranium enriched to 20 ceives an occupational dose as defined percent or more in the U-235 isotope) or in 10 CFR 20.1003. more than 500 grams of uranium-233 or [21 FR 764, Feb. 3, 1956] plutonium, or in a combined quantity of more than 1,000 grams when com- EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 70.4, see the List of CFR puted by the equation, grams = (grams Sections Affected, which appears in the contained U-235) + 2 (grams U-233 + Finding Aids section of the printed volume grams plutonium); or and at www.govinfo.gov. (2) 10,000 grams or more of uranium- 235 (contained in uranium enriched to § 70.5 Communications. 10 percent or more but less than 20 per- (a) Unless otherwise specified or cov- cent in the U-235 isotope). ered under the regional licensing pro- This class of material is sometimes re- gram as provided in paragraph (b) of ferred to as a Category II quantity of this section, any communication or re- material. port concerning the regulations in this Special nuclear material scrap means part and any application filed under the various forms of special nuclear these regulations may be submitted to material generated during chemical the Commission as follows: and mechanical processing, other than (1) By mail addressed to: ATTN: Doc- recycle material and normal process ument Control Desk, Director, Office of 301 VerDate Sep<11>2014 11:05 Jun 03, 2020 Jkt 250031 PO 00000 Frm 00311 Fmt 8010 Sfmt 8010 Y:\SGML\250031.XXX 250031 rmajette on DSKBCKNHB2PROD with CFR § 70.5 10 CFR Ch. I (1–1–20 Edition) Nuclear Material Safety and Safe- for academic, medical, and industrial guards or Director, Office of Nuclear uses, with the following exceptions: Security and Incident Response, U.S. (i) Activities in the fuel cycle and Nuclear Regulatory Commission, special nuclear material in quantities Washington, DC 20555–0001. sufficient to constitute a critical mass (2) By hand delivery to the Director, in any room or area. This exception Office of Nuclear Material Safety and does not apply to license modifications Safeguards or Director, Office of Nu- relating to termination of special nu- clear Security and Incident Response clear material licenses that authorize at the NRC’s offices at 11555 Rockville possession of larger quantities when Pike, Rockville, Maryland. the case is referred for action from (3) Where practicable, by electronic NRC’s Headquarters to the Regional submission, for example, via Electronic Administrators. Information Exchange, and CD-ROM. (ii) Health and safety design review Electronic submissions must be made of sealed sources and devices and ap- in a manner that enables the NRC to proval, for licensing purposes, of sealed receive, read, authenticate, distribute, sources and devices. and archive the submission, and proc- (iii) Processing of source material for ess and retrieve it a single page at a time. Detailed guidance on making extracting of metallic compounds (in- electronic submissions can be obtained cluding Zirconium, Hafnium, Tan- by visiting the NRC’s Web site at http:// talum, Titanium, Niobium, etc.). www.nrc.gov/site-help/e-submittals.html; (iv) Distribution of products con- by e-mail to [email protected]; taining radioactive material under or by writing the Office of the Chief In- §§ 32.11 through 32.30 and 40.52 of this formation Officer, U.S. Nuclear Regu- chapter to persons exempt from licens- latory Commission, Washington, DC ing requirements. 20555–0001. The guidance discusses, (v) New uses or techniques for use of among other topics, the formats the byproduct, source, or special nuclear NRC can accept, the use of electronic material. signatures, and the treatment of non- (vi) Reviews pursuant to § 70.32(c). public information. (vii) Uranium enrichment facilities. (4) Classified communications shall (2) Submissions—(i) Region I. The re- be transmitted to the NRC Head- gional licensing program involves all quarters’ classified mailing address as Federal facilities in the region and specified in appendix A to part 73 of non-Federal licensees in the following this chapter or delivered by hand in ac- Region I non-Agreement States and the cordance with paragraph (a)(2) of this District of Columbia: Connecticut, section. Delaware, and Vermont. All mailed or (b) The Commission has delegated to hand-delivered inquiries, communica- the four Regional Administrators li- tions, and applications for a new li- censing authority for selected parts of cense or an amendment or renewal of its decentralized licensing program for an existing license specified in para- nuclear materials as described in para- graph (b)(1) of this section must use graph (b)(1) of this section. Any com- the following address: U.S. Nuclear munication, report, or application cov- Regulatory Commission, Region I, Nu- ered under this licensing program must clear Material Section B, 2100 Renais- be submitted to the appropriate Re- sance Boulevard, Suite 100, King of gional Administrator. The Administra- tors’ jurisdictions and mailing address- Prussia, PA 19406–2713; where email is es are listed in paragraph (b)(2) of this appropriate it should be addressed to section. [email protected]. (1) The delegated licensing program (ii) Region II. The regional licensing includes authority to issue, renew, program involves all Federal facilities amend, cancel, modify, suspend, or re- in the region and non-Federal licensees voke licenses for nuclear materials issued pursuant to 10 CFR parts 30 through 36, 39, 40, and 70 to all persons 302 VerDate Sep<11>2014 11:05 Jun 03, 2020 Jkt 250031 PO 00000 Frm 00312 Fmt 8010 Sfmt 8010 Y:\SGML\250031.XXX 250031 rmajette on DSKBCKNHB2PROD with CFR Nuclear Regulatory Commission § 70.5 in the following Region II non-Agree- (iv) Region IV. (A) The regional li- ment States and territories: West Vir- censing program for mining and mill- ginia, Puerto Rico, and the Virgin Is- ing involves all Federal facilities in the lands. All mailed or hand-delivered in- region, and non-Federal licensees in quiries, communications, and applica- the Region IV non-Agreement States tions for a new license or an amend- and territory of Alaska, Hawaii, Idaho, ment, renewal, or termination request Montana, South Dakota, Wyoming and of an existing license specified in para- Guam and Region IV Agreement States graph (b)(1) of this section must use of Oregon, California, Nevada, New the following address: U.S. Nuclear Mexico, Louisiana, Mississippi, Arkan- Regulatory Commission, Region I, Nu- sas, Oklahoma, Kansas, Nebraska, and clear Material Section B, 475 Allendale North Dakota. All mailed or hand-de- Road, King of Prussia, PA 19406–1415; livered inquiries, communications, and where e-mail is appropriate it should applications for a new license or an be addressed to amendment or renewal of an existing [email protected]. license specified in paragraph (b)(1) of (iii) Region III. (A) The regional li- this section must use the following ad- censing program for mining and mill- dress: U.S.