ML19344D149
| ML19344D149 | |
| Person / Time | |
|---|---|
| Issue date: | 02/12/1980 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| Shared Package | |
| ML19344D147 | List: |
| References | |
| REF-10CFR9.7 NUDOCS 8003110425 | |
| Download: ML19344D149 (3) | |
Text
.-
'~'.
1
[7590-01]
Title 10 -
Energy CHAPTER 1--NUCLEAR REGULATORY COMMISSION PART 110 -- EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL Commission Review of Export License Applications AGENCY:
U.S. Nuclear Regulatory Commission ACTION:
Final Rule
SUMMARY
The Nuclear Regulatory Commission has revised its regulations to narrow those classes of export applications which will require Commissioner review.
FOR FURTHER INFORMATION CONTACT:
James B. Devine, Office of Policy Evalustion, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555 (202-634-3302.)
SUPPLEMENTARY INFORMATION:
The Nuclear Regulatory Commission has reviewed its processing of nuclear export license applications under the Atomic Energy Act of 1954, as amended, and the Nuclear Non-Proliferation Act of 1978 and determined that certain classes of nuclear export license applications do not raise issues which require. review by the Commissioners.
Therefore, the Commission has revised its regulations to, delegate cuthority to the NRC staff to act upon certain classes of applications-without prior consultation with the Commissioners.
Under the revised regulations, the Commissioners will continue to review all applications seeking a license to export production and utill:ation facilities.
In addition, the Commissioners will review all exports of one effective
-zilogram er more of high enriched uranium and plutonium (except for plutonium ccmprised of 80% or more of Pu-238), all exports. of 1000 kilograms e003ilo9s?5
h
. or more of heavy water or nuclear grade graphite, and any NRC-licensed components destined for use in a reprocessing, enrichment or heavy water production facility.
The Commissioners will also review any proposed export of any material or equipment, including Section 109 components, items and substances to a country to which the Commissioners have not previously authorized an export pursuant to the Nuclear Non-Proliferation Act of 1978.
Other license applications will be reviewed i
by-the Commissioners if either the NRC staff or a majority of the Commissioners determines the application should be reviewed by I
Commissioners.
i Under the revised regulations the Commission will continue to review i
applications raising major policy or legal issues.
By providing the NRC i
staff with more authority to act on routine applications without prior Commissioner consultation, the export licensing process will be expedited.
This modification furthers the policy set forth in Section 2 of the Nuclear Non-Proliferation Act that the U.S. be"a timely and reliable supplier of nuclear commodities to countries which have sdopted effective non-proliferation policies.
}
Because these amendments relate solely to matters of internal agency procedures, and effective utilization of agency personnel, good cause cxists for omitting notice of propos.ed rulemaking, and publ1c procedure thereon, as unnecessary and for making the amendment effective upon publication in the FEDERAL REGISTER.
Pursuant to section 2201 (p) of Title 42 of the United States Code, and sections 552 ana 553 of Title 5 of the United States Code, the
. following amendments to Title 10, Chapter 1, Code of Federal Regulations, Part 110, are published as a document subj ect to codification, to be offective February 20.19R0 1.
Il0.40(b) is revised to read as follows:
License applications for export of the following will be reviewed by the Commissioners.
(1) production and utill:ation facilities; (2) one effective kilogram or more of high enriched uranium and plutonium (except for plutonium comprised of 80% or more of Pu-238);
(3) 1000 kilograms or more of heavy water or nuclear grade graphite; (4) NRC licensed components intended for use in a reprocessing, enrichment, or heavy water production facility; (5) any proposed export of any material or e'quipment, including
'Section 109 components, items anc substances to a country to which the Commissioners have not previously authorised an export pursuant to the Nuclear Non-Proliferation Act of 1978; (6) any other, license application determined by the staff or a majority of the Commissicners to warrant review by the
~
Commission.
For the Commission
'N a _'
SAMUEL J.lCHILK Secretary of tlje Commission Dated at Washington, D.C.,
thisI dayk 1980.