ML19259D559
| ML19259D559 | |
| Person / Time | |
|---|---|
| Issue date: | 09/28/1979 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| RULE-PRM-40-22 NUDOCS 7910250090 | |
| Download: ML19259D559 (3) | |
Text
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4-NUCLEAR REGULATORY C6MMISS10h' L Docket No. PRM-40-22 /
Defense Security Assistance Agency Notice is hereby given that Lieutenant General Ernest Graves, Director, Defense Security Assistance. Agency, by petition dated August 3,1979, has requested that the Nuclear Regulatory Comission (NRC) add a new section 40.23 to the Ccenissicn's 10 CFR Part 40, Domestic Licensing of Source Material (currently effective as section 110.23 in 10 CFR Part 110, " Export and Import of Nuclear Facilities and P.aterialf).to provide:
(g) A general license is hereby issued authorizing the Department of Defense to export to any authorized country pursuant to the Ams Export Control Act or the Foreign Assistance Act of 1961 depleted j
i uranium in munitions penetrators, provided that each such export is approved by the Department of State pursuant to either Act.
The petitioner states that the Department of Defense is now seeking statutory authority to sell or grant depleted uranium munitions on a government-to-government basis by amending the Ams Export Control Act and Foreign l
Assistance Act. These acts currently do not include depleted uranium penetrators within the definition of a " defense article" which the Cepartment of Defense is authorized to sell to foreign governments. The Department of Defense believes that statutory amendments to the Ams Export and Control Act and the Foreign t
Assistance Act, which would in effect include depleted uranium penetrators within the definition of a " defense article", are about to be adopted by the Congress in HR 3173, 96th Congress, the International Security Assistance Act of l
1979.
In anticipation of this legislation, which will in effect authorize the De.partrent of Defense to sell depleted uranium munitions on a government-to-government f
basis, petition is being made at this time for a general license for the l2lJ lJl i
$010250M O
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Department of Defense to export depleted uranium contained in defense articles granted or sold on a government-to-government basis under the authority of the Foreign Assistance Act or the Ams Export Control Act.
The petitioner also states:
...'.. The Department of the Army, Navy, and Air Force have under development or have developed d3pleted uranium munitions which are designed to take advantage of the high density of depleted uranium in order to obtain desired weapons effects against heavily amored targets or for close-in airborne missiles. These munitions will also be made available to foreign governments under grant aid or military sales programs authorized by the Arms Export and Control Act and the Foreign Assistance Act.
Granting a general license to export depleted uranium penetrators i
would not be inimical to the comon defense and security or constitute f
an unreasonable risk to the public health and safety.
i Utilization of a general license for the export of depleted uranium munitions will require that the Department of Cefense secure approval for any proposed sale of such munitions from the State Department and condition any sale on agreement by the recipient foreign government not to transfer depleted uranium munitions to another country without United States Government approval, not to divert depleted uranium munitions for uses other than their intended purpose, and to comply with United States Government requirements for inventory verification.
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A copy of the petition for rule making is available for public inspection in the Comission's Public Document Rocm,1717 H Street, N.W., Washington, DC.
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3-A copy of the petition may be obtained by writing to the Division of Rules and Records, Office of Administration, U.S. Nuclear Regulatory Comission, Washington, DC 20555.
Al.1 persons who desire to submit written coments or suggestions concerning the petition for rule making should send their coments to the Secretary of the Contaission, U.S. Nuclear Regulatory Comission, Washington, DC 20555, Attention:
Docketing and Service Branch by December 4,1979.
FOR FURTHER INFORMATION CONTACT:
Joseph M. Felton, Director Division of Rules and Records, Office of Administration, U.S. Nuclear Regulatory Comission, Washington, DC 20555 Telephone: 301-492-7211 3
Dated at Washington, DC this 2{- day of h1979.
l For tQe Nuclear R latory Comission l
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SamuelJ.Silk Secretary of ths Comission 1213 133 e
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