Historic 10 CFR 40 excerpts, 3-31-47 through 1960 Part 40 -- Control of Source Material

AUTHORITY: 40.1 to 40.62 issued under sec. 161, 68 Stat. 948, as amended; 42 USC 2201. Interpret or apply secs. 61-69, 68 Stat. 932-934; 42 USC 2091-2099.

SOURCE: 40.1 to 40.62 appear at 12 FR 1855, March 20, 1947, except as otherwise noted.


40.1 Basis and purpose. The regulations in this part, for the control of source material essential to the production of fissionable material, are promulgated by the United States Atomic Energy Commission pursuant to the Atomic Energy Act of 1946 (60 Stat. 755) in order to assure adequate source material for production, research, and development activities and to prevent the use of such material in a manner inconsistent with the national welfare.

40.2 Definitions.

(a) As used in this part, the term "source material" means any material, except fissionable material, which contains by weight one-twentieth of one percent (0.05%) or more of (1) uranium, (2) thorium, or (3) any combination thereof.

(b) "Fissionable material" means fissionable material as defined in section 5 of the Atomic Energy Act of 1946 and regulations which may be issued pursuant to that act by the Commission.

(c) "Raw source material" means (1) source material which has not been chemically processed in any manner and (2) source material in the form of residues or tailings.

(d) "Refined source material" means source material other than raw source material.

(e) "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, the United States or any agency thereof, any government other than the United States, any political subdivision of any such government, and any legal successor, representative, agent, or agency of the foregoing, or other entity, but shall not include the Commission or officers or employees of the Commission in the exercise of duly authorized functions.

(f) "The United States," when used in a geographical sense, includes all territories and possessions of the United States and the Canal Zone.

(g) "Commission" means the Atomic Energy Commission created by the Atomic Energy Act of 1946, or its duly authorized representative.


40.10 Restriction in transfers. Unless authorized by a license issued by the Commission, no person may transfer or deliver, receive possession of or title to, or export from the United States, any source material after removal from its place of deposit in nature. This includes the disposition of raw source material (including residues or tailings) by dumping into streams or sewers, or disposition in such other manner that recovery cannot be made. The restriction of this section does not apply to any transfer, delivery, or receipt of possession or title exempted by $ 40.11. ...

40.12 Exemption for persons acquiring or transferring source material under contract with and for the account of the Commission. The regulations in this part do not apply to any person to the extent that such person receives possession of (but not title to) source material owned by the Atomic Energy Commission, or transfers, delivers, or exports such source material, under and in accordance with a contract with and for the account of the Commission. In any such case, such person's obligations with respect to the source material are governed by the applicable contract between such person and the Commission. [22 FR 1318, Mar. 2, 1957]

40.21 Issuance of licenses. Upon a determination that an application meets the requirements of the Atomic Energy Act of 1946 and of the regulations of the Commission, the Commission will issue a license in such form and upon such conditions as it deems appropriate and in accordance with law.

40.22 Standards for issuance of licenses. In making the determination mentioned in $ 40.21, the Commission will be guided by the following standards:

(a) Assurance of the common defense and security; X (b) Assurance of adequate source materials for production, research and development;

(c) Prevention of the use of source materials in a manner inconsistent with the national welfare;

(d) Preservation of health and safety.

So far as consistent with these standards, license will be granted upon conditions that will not interfere with the conduct of normal business activities. No license will be issued to any person if to do so would, in the opinion of the Commission, be inimical to the common defense and security.


40.40 Penalties for violations. A violation of the regulations in this part shall be deemed to be a violation of the Atomic Energy Act of 1946 and shall subject the violator to the penalties therein prescribed. In addition, the Commission may take such action with respect to source material involved in any violation as it deems appropriate and in accordance with law.