§ 30.3 Activities requiring license.
(a) Except as provided in paragraphs
(b)(2), (b)(3), (c)(2), and (c)(3) of this
section and for persons exempt as
provided in this part and part 150 of
this chapter, no person shall
manufacture, produce, transfer, receive,
acquire, own, possess, or use byproduct
material except as authorized in a
specific or general license issued in
accordance with the regulations in this
chapter.
(b)(1) The requirements, including
provisions that are specific to licensees,
in this part and parts 19, 20, 21, and 71
of this chapter, as well as the additional
requirements for specific broad scope,
industrial radiography, irradiator, or
well logging uses in 10 CFR parts 33, 34,
36, or 39, respectively, shall apply to
Government agencies or Federally
recognized Indian Tribes on November
30, 2007, when conducting activities
under the authority provided by
paragraphs (b)(2) and (b)(3) of this
section.
(2) A specifically licensed Government agency or Federally recognized Indian Tribe that possesses and uses accelerator-produced radioactive material or discrete sources of radium-226 for which a license amendment is required to authorize the activities in paragraph (a) of this section, may continue to use these materials for uses permitted under this part until the date of the NRC's final licensing determination, provided that the licensee submits an amendment application on or before June 2, 2008.
(3) A Government agency or Federally
recognized Indian Tribe that possesses
and uses accelerator-produced
radioactive material or discrete sources
of radium-226 for which a specific
license is required in paragraph (a) of
this section, may continue to use such
material for uses permitted under this
part until the date of the NRC's final
licensing determination provided that
the agency or Indian Tribe submits an
application for a license authorizing
activities involving these materials on or
before December 1, 2008.
(c)(1) The requirements, including
provisions that are specific to licensees
in this part and parts 19, 20, 21, and 71
of this chapter, as well as the additional
requirements for specific broad scope,
industrial radiography, irradiator, or
well logging uses in 10 CFR parts 33, 34,
36, or 39, respectively, shall apply to all
persons, other than those included in
paragraph (b)(1) of this section, on
August 8, 2009, or earlier as noticed by
the NRC, when conducting activities
under the authority provided by
paragraphs (c)(2) and (c)(3) of this
section.
(2) Except as provided in paragraph
(b)(2) of this section, all other licensees,
who possess and use accelerator-produced
radioactive material or
discrete sources of radium-226 for
which a license amendment is required
to authorize the activities in paragraph
(a) of this section, may continue to use
these materials for uses permitted under
this part until the date of the NRC's final
licensing determination, provided that
the person submits an amendment
application within 6 months from the
waiver expiration date of August 7, 2009
or within 6 months from the date of an
earlier termination of the waiver as
noticed by the NRC, whichever date is
earlier.
(3) Except as provided in paragraph (b)(3) of this section, all other persons, who possess and use accelerator-produced radioactive material or discrete sources of radium-226 for which a specific license is required in paragraph (a) of this section, may continue to use such material for uses permitted under this part until the date of the NRC's final licensing determination, provided that the person submits a license application within 12 months from the waiver expiration date of August 7, 2009 or within 12 months from the date of an earlier termination of the waiver as noticed by the NRC, whichever date is earlier.
(d) If a person or licensee is required to file an application for a license or amendment in accordance with paragraphs (b)(2), (b)(3), (c)(2), and (c)(3) of this section, but does not file for the license or amendment within the required time, the authority provided by paragraphs (b)(2), (b)(3), (c)(2), and (c)(3) of this section to receive or use the accelerator-produced radioactive material or discrete sources of radium-226 shall expire with respect to the person's or licensee's authority to receive and use such byproduct material. This authority shall not expire with respect to the responsibility of the person or licensee regarding the possession of such byproduct material, the decommissioning (including financial assurance) of facilities, or the disposal of such byproduct material.
[30 FR 8185, June 26, 1965, as amended at 43 FR 6921, Feb. 17, 1978; 72 FR 55924, Oct. 1, 2007]