708 



recall of any distributed material from any licensee, 

 who is not equipped to observe or who fails to observe 

 such safety standards to protect health as may be 

 established by the Commission or who uses such ma- 

 terial in violation of law or regulation of the Com- 

 mission or in a manner other than as disclosed in the 

 application therefor or approved by the Commission. 

 The Commission is authorized to establish classes 

 of byproduct material and to exempt certain classes 

 or quantities of material or kinds of uses or users 

 from the requirements for a license set forth in this 

 section when it makes a finding that the exemption 

 of such classes or quantities of such material or such 

 kinds of uses or users will not constitute an unrea- 

 sonable risk to the common defense and security 

 and to the health and safety of the public. (Aug. 

 1, 1946, ch. 724, § 81, as added Aug. 30, 1954, ch. 1073, 

 § 1,68 Stat. 935.) 



Cross References 



Nonprofit educational Institution exempt from finan- 

 cial protection requirement, see section 2210 (k) of this 

 Utle. 



Section Referred to in Other Sections 



This section Is referred to In sections 2121, 2183. 2201, 

 2210, 2202 of this title. 



* J(- * x- * 



SUBCHAPTER IX.— ATOMIC ENERGY LICENSES 

 Pkior Provisions 

 Provisions similar to those comprising this subchapter 

 were contained In section 7 of act Aug. 1, 1946, ch. 724, 

 60 Stat. 764 (formerly classified to section 1807 of this 

 title) prior to the complete amendment and renumber- 

 ing of act Aug. 1, 1946 by act Aug, 30. 1954, ch. 1073, 68 

 Stat. 921. 



§ 2131. License required. 



It shall be unlawful, except as provided in section 

 2121 of this title, for any person within the United 

 States to transfer or receive in interstate commerce, 

 manufacture, produce, transfer, acquire, possess, use. 

 import, or export any utilization or production fa- 

 cility except under and in accordance with a license 

 issued by the Commission pursuant to section 2133 

 or 2134 of this title. (Aug. 1, 1946, ch. 724, § 101, as 

 added Aug. 30, 1954, ch. 1073, § 1. 68 Stat. 936, and 

 amended Aug. 6, 1956, ch. 1015, § 11, 70 Stat. 1071.) 



Amendments 

 1958 — Act Aug. 6, 1956, inserted the word "use." between 

 the words "possess," and "Import". 



Section Referred to in Other Sections 

 This section Is referred to In sections 2122, 2139, 2272. 

 2282 of this title. 



§2132.. Utilization and production facilities for in- 

 dustrial or commercial purposes. 



(a) Except as provided in subsections (b) and (c) 

 of this section, or otherwise specifically authorized 

 by law, any license hereafter issued for a utilization 

 or production facility for industrial or commercial 

 purposes shall be issued pursuant to section 2133 

 of this title. 



(b) Any license hereafter issued for a utilization 

 or production facility for industrial or commercial 

 purposes, the construction or operation of wliich 

 was licensed pursuant to section 2134(b) of this 

 title prior to enactment into law of this subsection, 

 shall be Issued under section 2134(b) of this title. 



(c) Any Ucense for a utilization or production 

 facility for industrial or commercial purposes con- 

 structed or operated under an arrangement with 

 the Commission entered into under the Cooperative 

 Power Reactor Demonstration Program shall, except 

 as otherwise specifically required by applicable law, 

 be issued under section 2134(b) of this title. (Aug. 1, 

 1964, ch. 724, § 102, as added Aug. 30, 1954, ch. 1073, 

 § 1, 68 Stat. 936, and amended Dec. 19, 1970, Pub. L. 

 91-560, § 3, 84 Stat. 1472.) 



Amendments 



1970 — Pub. L. 91-560 substituted provisions authorizing 

 the Commission to Issue licenses for a utilization or pro- 

 duction facility for Industrial or commercial purposes 

 under section 2133. except that license may be Issued 

 under section 2134(b). for such utilization or production 

 facility, the construction or operation of which was li- 

 censed under section 2134(b) before December 19, 1970 

 or constructed or operated under an arrangement with 

 the Commission entered into under the Cooperative Power 

 Reactor Demor^tratlon Program, for provlslonB authoriz- 

 ing the Commission to Issue licenses pursuant to section 

 2133 of this title on a determination that such utilization 

 or production facility has been sufficiently developed to 

 be of practical value for Industrial or commercial 

 purposes. 



Section Referred to in Other Sections 

 This section Is referred to In sections 2133, 2134, 2201 of 

 this title. 



§ 2133. Commercial licenses. 



(a) Conditions. 



The Commission is authorized to issue licenses to 

 persons applying therefor to transfer or receive in 

 interstate commerce, manufacture, produce, trans- 

 fer, acquire, pwssess, use, import, or expwrt under 

 the terms of an agreement for cooperation arranged 

 pursuant to section 2153 of this title, utilization or 

 production facilities for industrial or commercial 

 purposes. Such licenses shall be issued in accord- 

 ance with the provisions of subchapter XV of this 

 chapter and subject to such conditions as the Com- 

 mission may by rule or regulation establish to effec- 

 tuate the purposes and provisions of this chapter. 



(b) Nonexclusive basis. 



The Commission shall issue such licenses on a 

 nonexclusive basis to persons applying therefor (1) 

 whose proposed activities will serve a useful purpose 

 proportionate to the quantities of special nuclear 

 material or source material to be utihzed; (2) who 

 are equipped to observe and who agree to observe 

 such safety standards to protect health and to mini- 

 mize danger to life or property as the Commission 

 may by rule establish; and i3) who agree to make 

 available to the Commission such technical informa- 

 tion and data concerning activities under such 

 licenses as the Commission may determine necessary 

 to promote the common defense and security and to 

 protect the health and safety of the public. All such 

 information may be used by the Co;nmission only 

 for the purposes of the common defense and security 

 and to protect the health and safety of the public. 



(c) License period. 



Each such license shall be issued for a specified 

 period, as determined by the Commission, depend- 

 ing on the type of activity to be licensed, but not 

 exceeding forty years, and may be renewed upon the 

 expiration of such period. 



