ML19296C901
| ML19296C901 | |
| Person / Time | |
|---|---|
| Issue date: | 04/20/1979 |
| From: | James Shea NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| To: | |
| Shared Package | |
| ML19296C882 | List:
|
| References | |
| REF-10CFR9.7 SECY-79-283, NUDOCS 8002290039 | |
| Download: ML19296C901 (22) | |
Text
A SECY-79-283 Acril 20,1979 vuirso svares NUCLEAR REGULATORY CoMMisslON CONSENT CALENDAR ITEM For:
The Comissioners From:
James R. Shea, Director Office of International Programs Thru:
Lee V. Gossick, Executive Director for Operations
[
Subject:
EXPORT OF CERTAIN MINOR QUANTITIES OF NUCLEAR MATERIAL
Purpose:
To obtain Commission approval for publication in effective form of amendments to 10 CFR Part 110.
Category:
This paper presents for consideration by the Comission amendments to Part 110 that would simplify licensing requirements for export of certain quanti-ties of nuclear material which do not have signifi-cance from a nuclear proliferation standpoint.
Discussion:
Following the Comission consideration of SECY 78-143, the Comission published in the Federal Register of May 9,1978 proposed amendments to Part 110. The proposed amendments would establish a new general license for the export of up to 3 grams of SNM when contained in sensing components installed in instru-ments (except that the amount of plutonium and uranium-233 in each instrument would be restricted to.1 gram because of the possible national security concerns over the use of these materials), or plutonium-238 when contained in cardiac pacemakers.
In addition, authority would be provided for the issuance of specific licenses to export plutonium-238, up to 3 grams of any other SNM, and 100 grams or less of special nuclear material which is diluted so that it is no longer usable for any nuclear activity relevant from the point of view of safeguards and is practicably irrecoverable, without the need to bring such exports under an agreement for cooperation.
The existing general license for source material would be revised to (1) conform to the metric system (3 CONTACT:
Joanna M. Becker, ELD 49-27630 Marvin R. Peterson, IP 8 0 0 2 e 9 oo'5c 49-28155
The Commissioners pound limit changed to 1 kilogram) and (2) eliminate, where possible, the more restrictive application of general licenses with respect to exports to communist countries.
Because of the national security concern over the possible use of americium-241 and polonium-210 as neutron sources, the existing general licenses for these materials would be revoked.
The public was encouraged to comment on the impact of the proposed revocations and to suggest possible revisions of the general license.
The existing general license for byproduct material with an atomic number between 3 and 83 would be broadened to encompass exports to most communist countries.
The existing exemptions from export licensing requirements for commodities containing byproduct material would be eliminated, since these exemptions would no longer be needed to permit exports to those communist countries not allowed to receive exports under the existing general license.
Elimination of.the byproduct material exemption would also preclude the export of exempted material to countries as to which the United States has a comprehensive trade embargo (Cuba, Vietnam, Cambodia, North Korea, and Southern Rhodesia).
Finally, the cumulative limits on the export under general license of certain forms of tritiva and polonium-210 would be eliminated.
Interested persons were given until June 23, 1978 to comment.
The comment period was subsequently extended to July 22, 1978.
Twenty comments were received (Enclo-sure B).
The comments generally supported the proposed amendments, except for the deletion of the general license to export americium-241.
The commenters opposed the deletion of the general license to export americium-241 on the ground that a requirement for a specific license would make it very difficult to export radioactive sources containing this material for commercial uses and that such sources have no utility as neutron sources for nuclear-explosive-related applications.
Suggestions were made for revision of the general license for americium-241 to limit the curies and form.
The notice of proposed rulemaking recognized that there is a broad range of commercial applications for
s The Commissioners %
americium-241 and polonium-210 neutron sources,' and for americium-241 in general, and indicated that revision, rather than deletion, of the general licenses to export these materials would be considered.
The staff believes that the matter deserves further consideration and recommends that the general license for americium-241 be retained pending study of alterna-tives for permitting export of americium-241 under a simplified procedure, taking into account non-prolif-eration concerns.
Executive Branch representatives on the Subgroup on Nuclear Export Coordination agree.
Minor changes to reflect other comments, primarily for clarificatii n, are discussed in the notice of rulemaking (Enclosure A).
Suggestions for additional general licenses by one commentor (Westinghouse) could be considered in a separate rulemaking proceeding.
Uganda has been added to the schedule of embargoed destinations in 5110.28.* This prohibition is necessitated by the enactment of Public Law 95-435 which, among other things, amended Section 4 of the Export Administration Act of 1969 to provide:
(m) No article, material, or supply, including technical data or other information, other than cereal grains and additional food products, subject to the jurisdiction of the United States or exported by any person sub-ject to the jurisdiction of the United States, may be exported to Uganda until the President determines and certifies to the Congress that the Government of Uganda is no longer committing a consistent pattern of gross violations of human rights.
Public Law 95-435 also prohibits import of any article grown, produced or manufactured in Uganda until the Presidential determination is made.
Part 110 has not been amended to reflect this prohibition since no nuclear commodities produced or manufactured in Uganda are imported.
The general license to export tritium contained in labeled organic compounds in individual shipments of 100 curies or less (fl10.24(c )(2 )) has been changed to include tritium in any compound.
The Executive Branch has pointed
- The staff will advise the Commission of any official changes in the Ugandan embargo situation as a result of recent developments in that country.
The Commissioners out that tritium in inorganic compounds is of no greater significance to the common defense and security than tritium in organic compounds.
Regulations involving the foreign affairs function of the United States, including amendments to Part 110, are not required to be published for comment.
- Thus, the two amendments described above may se published in final form at this time.
In any event, since the addition of Uganda to the embargoed destinations conforms the Commis-sfon's regulations to a statutory prohibition and the amend-ment to the gene _ral license for tritium is a minor amendment, they may be issued without notice of proposed rule making.
The question as to whether the Commission has statutory authority to permit export of special nuclear material (except plutonium-238) other than under the terms of an agreement for cooperation, unless it has been exempted from the requirement to be licensed in section 57 of the Atomic Energy Act of 1954, as amended, has been considered.
The proposed amendments were premised on the interpretation that sections 54 and 57 of the Act, when read together, gave the Commission authority to exempt special nuclear material sought to be exported from the requirement for an agreement for cooperation without exempting the material from domestic licensing requirements.
- However, these sections are also susceptible of the interpretation that only material that has been exempted from the requirement to be licensed can be licensed for export without an agreement for cooperation.
As the enclosed legal analysis (Enclosure C) indicates, because of the ambiguity of the statutory language and the legislative history, either interpretation is supportable.
Policy considerations favor the adoption of the provisions pemitting issuance of export licenses for some categories of special nuclear material without an agreement for cooperation.
The new provisions pertaining to special nuclear material in the notice of rule making (Enclosure A), which will allow licensing the export of (1) up to 3 grams of special nuclear material and (2) 100 grams of such material which is diluted so as to be no longer usable for any nuclear activity relevant from the point of view of safeguards and is practicably irrecoverable, without bringing it under an agreement for cooperation, will considerably _ expedite the processing of export license applications for such material.
Presently,
The Commissioners even exports of microgram quantities of such material cannot be licensed without undergoing the time-consuming process of contacting the government of the importing country and obtaining an official assurance that the export would be subject to the terms and con-ditions of the applicable agreement for cooperation.
For exports of greater than gram amounts, of course, this step is necessary to assure that IAEA safeguards will be applied.
The IAEA, however, does not require safeguards to be applied to gram quantities of special nuclear material.
Further, the agreement for cooperation requirement essentially precludes the export of small quantities of special nuclear material to countries not having an agreement for cooperation with the United States.
Such exports can only be authorized pursuant to a special trilateral supply agreement between the United States, the IAEA and the recipient country.
The IAEA has resisted entering into such agreements for gram quantities of special nuclear material.
The elimination of the agreement for cooperation requirement does not imply that there is no proliferation concern regarding small quantities of special nuclear material.
While such quantities are of no direct utility in a nuclear explosive device, they can significantly benefit certain nuclear research activities (e.g., as calibration sources, standard samples,etc.).
Case-by-case licensing of minor exports by the staff, subject to a non-inimicality finding, will provide adequate assurance against exports involving proliferation-sensitive end-uses or countries.
Since the proposed amendments were presented to the Commission for consideration on March 8,1978, prior to enactment of the Nuclear Non-Proliferation Act, the Executive Branch in its review and the staff in its analysis did not evaluate the proposed general licenses for source and special nuclear material under the criteria of that Act.
In their review of the amendments recommended for adoption in this paper, the Executive Branch again did not analyze the general licenses in terms of the criteria in sections 127 and 128 of the Act.
It concurred in the amendments on the
The Commissioners basis that the materials covered by the general licenses belonged to a category which would not be inimical to the common defense and security because the category lacks significance for nuclear explosive purposes.
The Executive Branch is of the view that the law does not require such exports to meet section 127 criteria (Enclosure G).
Most, but not all, of the general licenses are for non-nuclear end uses, which are not required to be evaluated under section 127.
In any event, the criteria in sections 127 and 128 seem inappropriate for application to general licenses for export.
In the absence of any explicit statutory exception of general licenses from the statutory criteria, the staff has prepared a brief analysis of the general licenses in Enclosure A in terms of the criteria in sections 127 and 128 (Enclosure D).
Recommendation:
That the Commission:
1.
Approve publication in the Federal Register in effective form of the amendments to Part 110 set forth in Enclosure A.
2.
Note:
a.
The Executive Branch has concurred in the amendments in Enclosure A.
b.
The amendments of Part 110 set forth in Enclosure A will be published in the Federal Register, effective thirty days after publication.
c.
No environmental impact statement, negative declaration, or environmental impact appraisal need be prepared in connection with the amend-ments becauce the amendments will not signifi-cantly affect the quality of the human environ-
- ment, d.
Since the amendments will not result in any increased requirements or expense to the public, the Commission has not prepared a separate value-impact analysis.
Based on past licensing actions, the amendments should reduce the number of specific export licenses issued by the Commission by approximately 5 to 10 percent.
The Comissioners.
e.
A public announcement, to be included as Enclosure E, will be prepared by the Office of Public Affairs, as soon as possible.
f.
The Subcommittee on Energy and the Environment of the House Committee on Interior and Insular Affairs, the Subcomittee on Energy and Power of the House Committee on Interstate and Foreign Conmerce, the House Cormittee on Foreign Affairs, the Subcommittee on Nuclear Regulation of the Senate Committee on Environment and Public Works, the Sub-committee on Arms Controi, Oceans and International Environment of the Senate Comittee on Foreign Relations and the Subcommittee on Energy, Nuclear Proliferation and Federal Services of the Senate Committee on Governmental Affairs and ranking minority members of those subcomittees will be informed by letter such as that in Enclosure F.
3.
Find that the exemption of exports of (1) plutonium-238; T2)-~up to three grams of other special nuclear material; and (3) 100 grams or less of special nuclear material which is diluted so that it is no longer usable for any nuclear activity relevant from the point of view of safeguards and is practicably irrecoverable, from the requirement for an agreement for cooperation vould not be inimical to the common defense and securicy and would not constitute an unreasonable risk to the health and safety of the public.
Coordination:
The Office of NMSS concurs in the recommendation.
OELD has no legal objection.
Its detailed legal analysis is set forth in Appendix C.
.f Ja R. Shea, Director Office of International Programs
Enclosures:
1.
A - Notice of Rule Making 2.
B - Coments on Notice of Proposed Rule Making Published May 9,1978 3.
C - ELD Legal Analysis 4.
D - Staff Analysis
- der Sections 127 and 128 a# ".i e Atomic Energy Act of 1954, as amended 5.
E - Draft Public Announcement 6.
F - Draft Congressional Letter 7.
G - Letter of January 30, 1979 from the Department of State to J.R. Shea
F
, Commissioners' comments 9~ consent should be provided directly to the Of fice of the Secretar; _, c.o.b. Thursday, May 3,1979.
Commission Staff Office comments, if any, should be submitted to the Commissioners NLT April 27, 1979, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expressed.
This paper is tentatively scheduled for affirmation at an Open Meeting during the Week of May 7,1979.
P'. ease refer to the appropriate Weekly Commission Schedcle, when publistad, for a specific date and time.
DISTRIBUTION:
Commissioners Commission Staff Offices Exec. Dir. for Opers.
Secretariat
4 06\\
i ij h
! @b 6U i, Oi
!M
\\,
l}Q@
/
e t. CLOS &4~ 4 c
F Enclosure A Title 10 - Energy CHAPTER I - U.S. NUCLEAR REGULATORY COMt1ISSION PART 110 - EXPORT AND IMPORT OF NUCLEAR EQUIPt1ENT AND MATERIAL Export of Certain Minor Quantities of Nuclear Material AGENCY:
U.S. Nuclear Regulatory Commission ACTION:
Final rule.
SUMMARY
The Nuclear Regulatory Commission is amending its regulations by simplifying its licensing requirements for the e. port of certain quantities of nuclear material which do not have sigt ificance from a nuclear proliferation perspective.
The amendments es ablish or expand general licensing provisions for gram quantities of sr cial nuclear material (SNti) and certain kinds cf scurce and byproduct material.
The amendments, which reflect public comments, are the result of an extensive review by the Commission and t? e Executive Branch aimed at updating and streamlining NRC regulations to permit the expedited export of nuclear material where no significant nuclear proliferation risks are involved.
This final rule leaves unchanged the general license for the export of americium-241.
Revisions to that general license will be proposed in a separate rule making proceeding.
EFFECTIVE DATE:
FOR FURTHER INFORMATION CONTACT:
Joanna M. Becker, Office of the Executive Legal Director, U.S. Nuclear Regulatory Commission, Washington, D. C.
20555, telephone 301/492-7630 or Marvin R. Peterson, Office of International Programs, U.S. Nuclear Regulatory Commission, Washington, D. C. 20555, telephone 301/492-8155.
SUPPLEMENTARY INFORtiATION:
On May 9,1979, NRC published in the FEDERAL REGISTER (43 FR 19861) a proposal to amend 10 CFR Part 110.
The proposed amendments would simplify licensing requirements for the export of Insert 30 days after publication in FEDERAL REGISTER.
. certain minor quantities of nuclear material.
The proposed amendments would establish a new general license for the export of up to 3 grams of SNM when contained in sensing components installed in instruments, or plutonium-238 when contained in cardiac pacemakers.
In addition, authority would be provided for the issuance of specific licenses to export plutonium-238, up to 3 gra:as of any other SNM and 100 grams or less of SNM diluted so as to be unusable for any nuclear activity relevant from the point of view of safeguards'.and practi; ably irrecoverable, other than under the terms of an agreement for cooperation with another nation.
The existing general licenses for source material would be revised to (1) conform to the metric system (3 pound limit changed to 1 kilogra'n) and (2) eliminate, where possible, the more restrictive application of general licenses with respect to exports to communist countries.
Because of the national security concern over the possible use of americium-241 and polonium-210 as neutron sources, the existing general licenses for these materials would be revoked.
The existing general license fer byproduct material with an atomic number between 3 and 83 would be broadened to encompa;s exports to most communist countries.
The existing licensing exemptions for commodities containing byproduct material would be eliminated, since these exemptions would no longer be needed to permit exports to those communist countries not allowed to received exports under the existing general license.
Elimination of the byproduct material exemption would also preclude
' the export of any material to countries as to which the United States then had a comprehensive trade embargo (Cambodia, Cuba, North Korea, Southern Rhodesia and Vietnam).
Finally, the cumulative limits on the export under general license of certain forms of tritium and polonium-210 would be eliminated.
Twenty letters of comments from the public were ieceived in response to the proposed rule.
Copies of these comments have been placed in the Commission's Public Document Room at 1717 H Street, N.W., Washington, D.C.
Except for the proposed deletion of the general license for americium-241, the comments were generally in support of the proposed amendments.
Of the 20 commentors,14 objected to the proposed deletion of the americium-241 general license and requested retention of at least a portion of that license.
Several recommendations were also made to revise NRC's export regulations to provide general licenses for additional items.
In addition to the public cocinents, the Executive Branch requested that the proposed general license for.SNM contained in instruments be revised to restrict the amount of plutonium and uranium-233 in each instrument to.1 gram because of the possible national security concerns over the use of these materials.
In view of these comments, the Conrnission has decided on a two stage approach.
First, it has adopted those portions cf the proposed amendments which were not the subject of significant criticism.
- Second,
. it will address the issue of the americium-241 general license in a revised proposed amendment to be publishad at a later date.
The requests for additional general licenses will also be considered in this separate rule making proceeding.
With respect to the amendments which follow, the resolution of the comments received is as follows:
1.
6110.21 Exports of byproduct material (renumbered 3110.24).
As noted above, the general license for americium-241 has not been revoked (5110.24(c)).
2.
5110.23 Export of special nuclear material (renumbered 5110.22).
The quantity limit for plutonium and uranium-233 has been reduced to.1 gram per instrument. This general license has also been clarified to specify that (a) the 3 gram and.1 gram limitations apply to the quantity of SNM contained in each instrument and not to indivi-dual shipments and (b) that there it no quantity limitation for plutonium-238 contained in cardiac pacemakers.
3.
The general license for tritium in luminous safety devices installed in aircraft has been retained.
The proposed amend-ments would have inadvertently required a specific license for 100 curies or more of tritium in such devices on a single aircraft.
4 5110.26 Reporting requirements (renumbered @l10.29).
The reporting requirement has been limited so that it applie; only to exports to the countries listed in 6110.27.
' 5.
One commentor requested clarification to the effect that'an export license could be issued authorizing sev7ral shipments over a period of a year or more.
Paragraph 110.30(d) if Part 110 speaks clearly to this matter.
6.
In addition, editorial amendments or corrections have been made in 55110.22 through 110.29 and 5110.44.
It should also be noted that 5110.13 is deleted.
This deletion was discussed in the statement of considerations accompanying the proposed rule but was inadvertently not included in the text of the proposed amendments.
Section 110.28 has been amended to include Uganda in the list of embargoed destinations, as required by Public Law 95-435.
That law, among other things, amends Section 4 of the Export Administration Act of 1969 to prohibit the export to Uganda of any ar ticle, material, or supply, including technical data or other information, other than cereal grains and additional food products, by any person subject to the jurisdiction of the United States, until the President determines and certifies to the Congress that the Government of Uganda is no longer committing a consistent pattern of gross violations of human rights.
Also, the general license to export tritium contained in labeled organic compounds in 8110.24 has been changed to include tritium in inorganic compounds as well.
The Commission has concluded that the amendments, including the exemption in ll10.44(a)(1), are not inimical to the common defense and security, do not constitute an unreasonable risk to the public health and safety, and will not result in any activity that adversely affects the environment.
Furthermore, the amendments are consistent with the provisions of the Atomic Energy Act of 1954, as amended by the Nuclear Nonproliferation Act of 1978, and do not conflict with the safeguards criteria of the International Atomic Energy Agency.
The amendments are not inconsistent with the obligations of the United States under any treaty or international arrangement, including the Treaty on the Non-Proliferation of Nuclear Weapons.
Since the amendments will not result in any increased requirements or expense to the public, the Commission has not prepared a separate value-impact analysis.
Based on past licensing actions, the amendments should reduce the number of specific export licenses issued by the Commission oy approximately 5 to 10 percent.
Accordingly, the following amendments to Title 10, Chapter 1, Code of Federal Regulations, Part 110 are published as a document subject to codification.
1.
Section 110.13 is deleted and reserved.
(Secs. 81, 82, Pub.L.83-703, 68 Stat. 935 (42 USC 2111, 2112)).
. 2.
A new 5110.22 is added to read as follows:
5110.22 Export of special nuclear material.
General licenses are hereby issued authorizing any person to export to any country, except those listed in 5110.28, the following:
(a)
Special nuclear material contained in sensing components installed in instruments, if no more than 3 grams of enriched uranium or.1 gram of plutonium or uranium-233 are contained in each instrument.
(b)
Plutonium containing 80 percent or more by weight of plutonium-238 in cardiac pacemakers.
(Sec. 5, Pub. L.88-489, 78 Stat. 602; Sec. 2, Pub. L.93-377, 88 Stat. 473 (42 U.S.1073, 2074)).
3.
Section 110.23 is revised to read as follows:
1110.23 Export of source material.
(a )
General licenses are hereby issued authorizing any person to export to any country, except those listed in 5110.28, the following:
(1 )
I kilogram or less per shipment of thorium or uranium other than special nuclear material,
excet that no person may export more than 100 kilograms per year to any one country; (2)
Thorium in incandescent gas mantles; and (3)
Depleted uranium in the form of shielding contained in radiographic exposure or teletheraphy devices, or radioactive thermoelectric generators, if individual shipments do not exceed 1,000 kilograms.
(b) General licenses are hereby issued authorizing any person to export to any country, except those listed in 59110.27 and 110.28 the following:
(1 )
Depleted uranium in the form of counterweights installed in aircraft, rockets, projectiles, or missiles, if the counterweights have been manufactured in accordance with a specific license issued under Part 40 of this chapter.
(2)
Thorium in finished aircraft engine parts, if the thorium is dispersed, in concentrations of 4 percent or less by weight, in nickel-thoria alloy and is in the form of finely divided thoria (thorium dicxide);
and
. (3)
Depleted uranium in the form of shielding con-tained in X-ray units or packaging for the transporta-tion of radioactive materials.
(Secs. 63 and 64, Pub. L.83-703, 68 Stat. 933 (42 USC 2093, 2094)).
4.
Section 110.24 is revised to read as follows:
ll10.24 Export of byproduct material.
General licenses are hereby issued authorizing any person to export to any country, except those listed in 5110.28, the following:
(a)
Byproduct material with an atomic number from 3 to 83.
(b)
Tritium contained in luminous safety devices installed in aircraft as generally licensed items under 631.7 of this chapter.
(c)
Tritium and polonium-210 in individual shipments of 100 curies or less, contained in:
(1 ) Tritium activated luminous paint; (2) Tritium labeled compounds; (3) Tritiated accelerator targets;
(4)
Polonium-210 static eliminators; (5)
Calibrafion standards; (6)
Luminescent, light sources; (7)
Tritium sources for chromatography instruments; (8)
Electron tubes; (9)
Gas and aerosol detectors; or (10) T-itium in helium-3 in a concentration of 2.5 millicuries or less per liter of helium-3.
(d) Americium-241.
(Secs. 81 and 82, Puo. L.83-703, 68 Stat. 935 (42 USC 2111, 2112)).
5.
Section 110.25 is revised to read as follows:
1110.25 Export of deuterium.
A general license is hereby issued authorizing any person to export 100 liters or less per shipment of deuterium at standard temperature anc pressure (90 grams of heavy water) to any country except those listed in !il10.28.
. 6.
Section 110.26 is revised to read as follows:
5110.26 Export of nuclear grade graphite.
A general license is hereby issued authorizing any person to export 100 kilograms or less per shipment of nuclear grade graphite to any country except those listed in 5100.28:
Provided, that no person shall, pursuant to this general license, export more than 2,000 kilograms per year to any one country.
(Sec. 309, Pub. L.95-242, 92 Stat. 141 (42 USC 2139)).
7.
Section 110.27 is revised and new 55110.28 and 110.29 are added to read as follows:
5110.27 Restricted destinations.
(a) Albania, (b) Bulgaria, (c) Czechoslavakia, (d) German Democratic Republic (including East Berlin), (e) Hungary, (f) Mongolia, (g) Poland, (h) Romania, (i) Peoples Republic of China, and (j) Union of Soviet Socialist Republics.
5110.28 Embargoed destinations.
(a) Cambodia, (b) Cuba, (c) North Korea, (d) Southern Rhodesia, (e) Uganda, (f) Vietnani.
. (Sec.1611, Pub. L.83-703, 68 Stat. 948 (42 USC 2201(1);
Sec. 5, Pub. L.95-435, 92 Stat.1052 (50 USC App. 2403)).
5110.29 Reporting requirements.
Each person exporting source material or tritium to countries listed in 5110.27, under the authority of 5110.23(a)(1) and (a)(3) and 5110.24(c)(1) and (c)(3),
shall submit 1 copy of each Shippers' Export Declaration to the Assistant Director for Export / Import and International Safeguards, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555.
(Secs. 82,164., Pub. L.83-703, 68 Stat. 935, 948 (42 USc 2095, 2112)).
9.
In 5110.44, paragraph (a)(1)(iii) is revised to read as follows:
5110.44 issuance or denial of licenses.
(a )
(1 )
(iii) The proposed export of a production or utilization facility or of more than three grams of special nuclear material would be under the terms of an agreement for cooperation, except for proposed experts of plutonium containing 80 percent
ppp'"
, or more by weight of plutonium-238; or 100 grams or less of special nuclear material which is diluted so that it is no longer usable for any nuclear activity relevant from the point of view of safeguards and is practicab?y irrecoverable.
(Secs. 2, 3, Pub. L. 91 '77, 88 Stat. 473 (42 USC 2077)
(Sec. 1611, Pub. L.83-703, 68 Stat. 948 (42 USC 2201(1);
Sec. 201, Pub. L.93-438, 88 Stat.1243 (42 USC 5481)).
Dated at Washington, D. C. this day of
, 1979.
For the U.S. Nuclear Regulatory Commission.
For the U.S. Nuclear Regulatory Commission Samuel J. Chilk Secretary of the Commission
O 6
6 P
i lf J
ti!<
l#
Il
~
I'!.
w ~..
,r$u
-: s
- \\ e b.w e 4' C i O S U R E 8
,