---
kind: "section"
citation: "10 C.F.R. § 74.41"
title: "10"
number: "74.41"
heading: "Nuclear material control and accounting for special nuclear material of moderate strategic significance."
url: "https://uscodex.org/cfr/10/74.41"
---

# §74.41. Nuclear material control and accounting for special nuclear material of moderate strategic significance.

- (a) **General performance objectives.** Each licensee who is authorized to possess special nuclear material (SNM) of moderate strategic significance or SNM in a quantity exceeding one effective kilogram of strategic special nuclear material in irradiated fuel reprocessing operations other than as sealed sources and to use this material at any site other than a nuclear reactor licensed pursuant to [part 50](/cfr/10/part50.md) or [part 53](/cfr/10/part53.md) of this chapter; or as reactor irradiated fuels involved in research, development, and evaluation programs in facilities other than irradiated fuel reprocessing plants; or an operation involved with waste disposal, shall establish, implement, and maintain a Commission-approved material control and accounting (MC&A) system that will achieve the following performance objectives:
  - (1) Maintain accurate, current, and reliable information on, and confirm, the quantities and locations of SNM in the licensee's possession;
  - (2) Conduct investigations and resolve any anomalies indicating a possible loss of special nuclear material;
  - (3) Permit rapid determination of whether an actual loss of a significant quantity of SNM has occurred, with significant quantity being either:
    - (i) More than one formula kilogram of strategic SNM; or
    - (ii) 10,000 grams or more of uranium-235 contained in uranium enriched up to 20.00 percent.
  - (4) Generate information to aid in the investigation and recovery of missing SNM in the event of an actual loss.
- (b) **Implementation schedule.** Each applicant for a license, and each licensee that, upon application for modification of its license, would become newly subject to the requirements of [paragraph (a)](#a) of this section shall:
  - (1) Submit a fundamental nuclear material control (FNMC) plan describing how the performance objectives of [§ 74.41(a)](#a) will be achieved, and how the system capabilities required by [§ 74.41(c)](#c) will be met; and
  - (2) Implement the NRC-approved FNMC plan submitted pursuant to [paragraph (b)(1)](#b-1) of this section upon the Commission's issuance or modification of a license or by the date specified in a license condition.
- (c) **System capabilities.** To achieve the performance objectives specified in [§ 74.41(a)](#a), the MC&A system must include the capabilities described in §§ [74.43](/cfr/10/74.43.md) and [74.45](/cfr/10/74.45.md), and must incorporate checks and balances that are sufficient to detect falsification of data and reports that could conceal diversion of SNM by:
  - (1) A single individual, including an employee in any position; or
  - (2) **Collusion between two individuals, one or both of whom have authorized access to SNM.**

## Notes

### Amendments

[67 FR 78146, Dec. 23, 2002, as amended at 91 FR 15878, Mar. 30, 2026]

### Authority

Authority: Atomic Energy Act of 1954, secs. 53, 57, 161, 182, 223, 234, 1701 (42 U.S.C. 2073, 2077, 2201, 2232, 2273, 2282, 2297f); Energy Reorganization Act of 1974, secs. 201, 202 (42 U.S.C. 5841, 5842); 44 U.S.C. 3504 note.

### Source

Source: 50 FR 7579, Feb. 25, 1985, unless otherwise noted.

### Amendments

[67 FR 78146, Dec. 23, 2002, as amended at 91 FR 15878, Mar. 30, 2026]