ML20043D169

Package of Documents Consisting of Nuclear Nonproliferation Act of 1978, 780609 Fr & NRC Rules & Regulations Re Export & Import of Nuclear Equipment & Matl

ML20043D169
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Issue date:	03/10/1978
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FOIA-90-4 NUDOCS 9006070214
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Text

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PUBUC LAW 95442-MAR.10,1978 -

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NUCLEfR NdN PROLIFERATION ACT OF 1978

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9h STAT.142 PUBUC LAW S242-MAR.10,1978 be,' Li used for other than.thoma foe which the esport is latended, hens procedures shall provide for prior consultations, eson for nuclear ernlosive purp of t

t ut the Department of Commerce with the rtment of St th,e Control and Disarmament Agency, the

ission, the artment of Energy, and the Department of Defense.

Sering

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amendments to section 109 of the 1954 Act made by this pec see on shall not afect the approral of espods contracted for pnor to 42 USC 2139 November 1,1977, which are made within one year of the date of ena&

jy" p,gg, ment of such amendments.

TITLE IV-NEGOTIATION OF' FURTIIER EXPORT CONTROLS cooramanow wrrst arRER NaMoNs 42 USC 2153.

Sec.401. Section 128 of the 1954 Act is amended to read as follows:

"Sec.123. Coortaanow Wrrn Ontza NaMoNo.-

"No cooperat.lon with any nation, group of nations or regional de-42 USC 2073, fenne o ntration ursuant to section 58,54 a.,67,64,82,91,108, he, 2074.2077 or 144 all le un ertaken until-2M4, 2112-

"a. the proponed agreement for cooperation has been submitted y2 which proponed agnement shall include the to the President, duration, nature, and scope of the cooperation; terms, conditions, P*l*

and shall include the following requirements :

,,t,,an.i i.

"(1) a guaranty by the coopersting party that safeguards President.

as set forth in the agnement for cooperation will be main-Co iesa.

tained with respect to all nuclear materials and equipment transferred pursuant thereto, and with respect to all special nuclear material used in or prulueed through the use of such nuclear ma'erials and equipment, so long as the material or equipment remains under the jurisdiction or control of the cooperating party, irrespective of the duration of other prori-sione in the agnement or whether the agreement is termi.

nated or suspended for any reason;

"(9) in the case of non nuclear weapon states, a require.

ment, as a condition of continued United States nuclear i

supply under the agreement for cooperstion, that I AEA safe.

guards be maintained with respect to all nuclear materials in all peaceful nuclear activities within the territory of such state, under its jurisdiction, or carried out under its control any(whers;8) except in the case of those ente for cooperation arrsnged pursuant to subsection 1 c., a guaranty y the j

coopersting pa y that no nuclear materials and eq pment or sensitive nuc ear technol to be trsnsferred ursuant to coch agreement, and no spec al nuclear materia produced through the use of. y nuclear materials and equipment or f.

M sensitive nuclear t(

dogy transfernd pursuant to such will be useo for any nuclear explosive device, or agreement,h on or development of any nuclear erplosin

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for researc 4 -

device, or for any other military purpose; "h

"(4) except in the case of those agnetnents for cooperatico arran pursaant to subsection 91 c. and ents for ee

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coo rat on with nuclear-wes.

states, a et ulation that the nited States shall have t right to require the ntura J*' 4 C M.b '.'.

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3 a PUBLIC 1AW 95 242-MAR.10,1978 92 STAT.141 u

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• (9 with full recognition of the constitutional riaht of either Houes) to change the rules (so far as relating to tfie proemdure AT -

Y 4

4 of that Ilouse) at any time,in the same manner and to the same

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extent as in the case of any other rule of that House.".

comfoNENT aWD OrMEa ralrr9 or Pacnmas k

Sec. 309. (a) Section 109 of the 19H Act is amended to read as 42 USC2139.

follows :

"Sec.109. CoucoxtNT awn Ornra Pam or Facn.rrrma.-

. 'S "a. With respect to those utilization and production facilities which Domane sit so determined by the Commission pursuant to subsection 11 v. 2 aconu" or 11 cc. (2) the Commission may issue general licenses for domes (ti)c E

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i setivities required to be licensed under section 101,if the Commission *[p"3c 2$'

i determines in writing that such general licensing will not renstitute an unreasonable risk to the common defense and security.

l "b. After consulting with the Secretaries of State Energy and Esport licemese.

Commerce and the Director,the Commission is authorize,d and dir,ected to determine which component parts as defined in subsection 11 v. 2 or 11 cc. (2) and which other items or substances are especially re(le)-

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vant from the standpoint of export control because of their significance for nuclear explosive purposes. Except as provided in section 126 b.

(2), no such component, substance, or item which is so determined by Aaan. P.131.

the Commission shall be exported unless the Commission issues a general or s ific license for its export after finding based on a reasonable j gment of the assurances provided and o:ber informa-tion availsb e to the Federal Government,includhig the Commission, that the following criteria or their e.quivalent are met: (1 IAEA safeguards as required by Article III (2) of the Treaty willbe) applied with respect to such component, substance, or item; 2 no such component, substance or item will be used for any nucle (ar) explosive device or for research on or development of any nuclear explosive devlee; and (8} no such component, substance, or item will be retrans-ferred to the lurisdiction of any other nation or gmup of nations unless the prior consent of the United States is obtained for such retransfer; and after determining in writing that the issuance of es,ch such general or specific license or catego7 of liceness will not be l

I inimical to the common defense and security :1 rovided, That a specific license shall not be required for an export pursuant to this sectson if the component, item or substance is covered by a facility license issued pursuant to section 126 of this Act.

"c. The Commission shall not issue an export license under the authority of subsection b. if it is advised by the executive branch,in accordance with the procedures established under subsection 126 a.,

that the export would be inimical to the common defense and security l

I of the United States.".

1 (b) The Commission, not later than one hundred and twenty days Regulat oss.

1 efter the date of the enactment of this Act, shall publish regulations to 42 USC 2139a.

y implement the provisions of sub%ctions b. and c of section 109 of the l

19M Act Among other things, these regulations shall provide for the Sars prior consultation by the Commission with the Department of Stata, j

j the Department of Energy, the Department of Defense, the Depert-ment of Commerce, and the Arms Control and Disarmament Agency.

(c The President, within not more than one hundred and twenty Esport control days)after the date of enactment of this Act, shall publish proce i

Prwedum.

l regarding the control by the Department of Commerce over all Praidanal export items, other than those licensed by the Commission, which could @g,,

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' 'Q FRIDAY, JUNE 9,1978 f

PART Vil j?

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DEPARTMENT OF 2

DEPARTMENT OF STATE i

ENERGY j

DEPARTMENT OF L

COMMERCE s

e Procedures Established Pursuan't to t!1e Nuclear Non-Proliferation Act I

of 1978 t,

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k ' ' (4710 49) '

e. These procedures have been tional Security Cruncil (NSCJ Ad Hoc.

dtPARTMENT CF sfAff agreed to by the Secretarles of State. Group on Non.Proliferat!on shall.

Energy. Defense, and C:rnroerce, the rlth ut prejudice to its auth!rity to DEPARTMENT OF INit0Y Directtr cf the Arms C ntrol and D>

carry cut sther functions, monitor and trvetment Agency and the Nuclear facilitate the interagency processtna i

Rerulatory Commission, or by the nu. of the acth1tles referred to in section 1 DEPAtfMENT OF COMMitCE thorts.ed desfrnet acting on behalf of PeoefDutts tsfAtttssto PutsVANT fo THE any of the foregoing.

(b). and serve as a fo' rum for exchang.

ing and coordinating viers. This Sub NVettAt NON.Ps0tpitAfl0N ACT oe ssCT!ok s. RtsPoNstSt.K ort!CtAM rroup shdl rneet as frequently as noe.

l e&sary. norratUy (sice a sDonth. Thls

a. Department o! State. Wuhington. Subtroup thtll establish such proce.

The follosing procedures hate been D.C.

20520-The Deputy Assistant dures as are necesstr; ior its effecure ratab!!shed pursuant to the Nuclear Secretary for Nuclear Energy and functioning, NoreProlifetstlon Art of 1978 (Pub. I.

Energy Technology Affstrs in the j

95 242).These procedures estabush re. Bureau of Oceans and International section s. assott'rson or arrenActwey

1 qutrements solely appilcable to agen. Emironmental and Scientific Affaba.

DisAchttutzts eles of the United States rather than

b. Departrnent of Energy. Washing

• individuals. Accordingly, ther tre not ton. D.C. 20545-For sections 67b and

t. IL after appropriate consultation, rules s1 thin the resaning of the Ad.

126a of the Atomic Energy Act and any agency listed in section 2 does not sninistrative Procedure Act. Any com, section 309(c) of the Act. the Assistant Stree tith a proposed Executive i

ments on these procedures should be Secretary for Defense Programs. Ftr branch action pursuant to section 64 Il directed to the appropriate responsible sections 64. 64.111b and 131. of the 67b(2). 64,109,111btl),126a or 131 oj the Atomic Energy Act or sectio tificiallisted in secuon 2 of Part A.

e Aet Dated: June 1.1978, g

eput

'a 309tc) or 402(a) of the A'et. the step I

ce.

tuy for International Prograrns, set forth belos' may be foHoted, not.

14 cts V.Noscxzo*

c. Department of Defense. Wuhing. maDy in the order indicated. to facili.

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Deputy Assutant Secretary of ton, D.C. 20301-The Assistant Secre. tate resolution of the disarreement:

pj State for Nuclear Energy and tary for International Security Af.

(D Consideration in the Subgroup on p.

Energy Technology A//cfra fairs.

Nuclear Export Coordination of the t

Eureau of Ocecns and Interna',

d. Department of Commerce. Wuh. NSC Ad Hoc Group on Non. Prolifera.

(fonal Entironmental cnd Seg.

ington. D.C. 20230-The Deputy As.

130 0' ent(fsc A//cfrs.

ist nt Secretuy for Trade Regula.

3 g 0 ou o Pr lif tstl n

'I don Atn M. KrxA.

,,' Arms Control and Disarmament

( 111 ) Any other procedures of the Acting Assistant Secretary of Energy for Defense Proproms.

Agency. Wuhington. D.C. 20451-The NSC that tre appropriate:

p Aaststant Director for Non Prolifera.

(lv) Referral to the President.

7 1

Nc:. son F. SarvrAINo. Jr tion.

b. Recourse to the steps in this sec.

[

Deputy Assistant Secretary '*of

f. The Nuclear Regulatcry Commis. tion shall be taken expeditiously. An Energy for /nternational Pro, sfon. Washington. D.C. 20bSS-The DI.

agency s'ishing to have recourse to

pratna, rector. Office of International Pro. any of the steps above shall so indl.

Stort.rv J. MARCUEs, l cate immediately to the offices spect.

trams.

fjed in section 3. The agency con.

Deputy Assurant Secretary of

. sacrioM s. crr cts rom cooADDAT!oM Cerned sh&U norm &My (jve fjve days f of*

a. Department of State-The Office

, ggh3',$)ttng action under of Export and Import Control in the,

Nuclear Energy and Energy Technol.

c. Nothing in this s'ection shall dero.

PAA7 A. OENERAL PRovistoNs 1

t stCT!oN s. AUTHoRrTY AND scort ory Division of the Bureau of Oceans gate from the statutory authority of

[

and International Enytronmental and a y age ey. If any agency considers he procedures hersin tre estab.

Scuntific Affairs-that EU statutory requirements have of Encry-For Puu. been net and sishes to proceed sith (1) The' Department of Energy pur. ! B. D. and F of these procedures. the an action sithin its jurisdiction cov.

suant to sections 54. 57b!2). 64 Office of the Assistant Secretary for ered by these procedures nots 1th.

111b(1), and 131 of the Atomic Energ) Defense Programs.'Por Parts C and E standing the existence of an inter.

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Act of 1954, as unended, bereinafter of these procedures. the Office of Nu.

agency disarreement. it thali normtuy refe.r. red to as "the Atomic Energy clekt Affairs. In the Office of Interna. ! provide EU other concerned agencies

geg, Uonal Afftirs.

sith five s'orking days notice.

til) The Department of State pursu.

c.

Department of Defense-The l

ant to section 126a(1) of the Atomic i Offlee of the Assistant Secretary for sterroN s. cowrtx7 or ivocutxts, Energy Act; International Security Afftirs, rixDINos AND coNstDtRAT!oNs UNDER (111) The Department of Commerce

d. Department of Commerce-The.

rumst raocuments pursuant to section 309(c) of the Nu.

Office of Export Administration in the Judgments, findings and determina.

I cle*r Non. Proliferation Act of 1973 Bureau of Trade Regulations.

tions under these procedures shall ad.

hereinafter referred to as "the Act"f Agency-The Nuclear Exports DMseu dress the matters required by the

e. Arms Control and Disarmament and the general policies and proce pilcable sect.on of the Atomic Energy i

dures set forth in the Expert Adminis of the Bureau of Non Proliferation.

Act.

tration Act of 1969. as amended.

[

f. Nuclear Regulatory Comrnission-

b. These procedures apply to trency

[The Offlee of International Prorruns, sac 7 tow t itexNicAt rRoV!sloNs I

activities sith respect to the matters Assistant Director for Export /ImpNt l

dealt sith by sections 54. 57b(2) 64. A and International Safeguards.

a. These procedures take effect on

['

June 'l.1978.

100, 111b(1). 126a and 131 of the e

Atomic Energy Act and sections 309(c) arcTIoW 4. cooRDWArroN AND

b. The processing of any action sub.

b and 402(a) of the Act, and the Export ject to these procedures shtU not be i..

delayed because of the entry into C

Administration Act of 1969. u amend.

The Interstency Subgroup on Nu. effect of these procedures. Clearances 7

ed.

clear Export Coordination of the Ns. obtained or rnatters resolved under f"

1 I

PIDitAt Rf ot$rfa, Vol. 43, NO.112-FalDAY. JUNE 9, left

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a NOTICE 8 h3r*

Frutdercs previously in effect need (111) 0f theh preliminary ylers an energy shall prepare an analysis of the nit tee rectnsidered.!It the sole pur. the lleense app!Pstlan. tf so riquested technical and econtmic justifiestion

• pote cf cornplying tith new procedur. by the Office gf Export and import ftr the use of such material. including

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al teoutrementa.

Control.

whether the quantitles requested are

c. Nothing in these procedures shnu If the Department of Energy is the necessary for the efflelent and con.

affect the ability of any agency to pro. lleense applicant pursuant to section ttnuous operation of the facility in.

tect clustfled or proprietary informa. 1116 of the Atomic Energy Act, the volved. This analysis sha!! be prosided tion pursuknt to applicable law.

designet of the Secretary of Energy to the Office of Export and Import i

d. These procedures may be amend. shau not be required to advise the Control of the Deputment of State i

ed at any time subject to agreement Office of Export and Import Control a1 thin 30 days after rectlpt by the De.

~

arnons the agencies specified in sec. of its views pursue,nt to this para. partment of Energy of its copy of the tion 1(c).

graph, export license appucation or as soon hRr B. McNe BaAxcw Arocusxts

e. No later than five working days thereafter as possible. This analysis after receipt of its copy of a license ap. shall be provided to concerned agen.

UNDra Section 126a(11 or m A70Mic Extacy Act plication from the Nuclear Regulatory cles and shall be taken into conalders.

?

Comrnission. the Department of tion in preparing the Executive srction 3.noesot' ass Energy shall. as appropriate, if the branch judgment.

proposed export appears to be consist.

f. As promptly sa possible folloning nam m.m rirev!ded in meetion 2 of ent e1th the appilcable agreetnent fos receipt of the information in part.

2

.t h a Pu t.

the x tm.ar xen intor" cooperation, request confirmation in graph b, and no later than 30 days

.Commtmon shah orompt y transmf ; arlting from the nation or group of after its receipt of the lleense applion.

any ere era comojetec ex sort acerm natform under the agreetnent for coop. tion, proposed general license or pro.

mation ce credosee ceneraiocr = erstion of which the export is to take posed exemption.the Office of Export er orocesed exemphon rom acerams place. that among other things:

and Import Control shaU prepare and

. remre-ent.s to t r e ou ci mrc m (D The export a1D be subject to the transmit to the offices listed in para.

mr am a thrown e oi tne secum 3 " P "'

• terms and conditions of the agreement graphs b through e of section 3 of Part for cooperation:

A. a proposed Executive branch judg.

b. As promptly as possible, but in no fil) The consirnee is authorized to ment on the appljestion, proposed event later than 15 days after the re.

celpt of each lleense application or receive the export; and generallicense or proposed exemption.

(111) Physical security measures will !! additional information has beec re.

proposed general license or proposed be maintained alth respect to the quested from the Nuclear Regulatory exemption, the offices listed in para.

graphs b through e of section 3 of Part export that as a minumum provide Comtnission pursuant to paragraph A shall review the submission and protection comparable to that set b(1), or if actions are pending pursuant a all ad he the Office of Export and forth in document INFCIRC 225/Rev. to paragraphs b(U). d or e. this shall be por trol.

1 of the International Atomic Energy noted in transmitting the proposed (D Whether that agency believes Agency, entitled. "The Physical Pro. Executive branch judcment.

that an) additional information is re.

tection of Nuclear Material."

g, No later than ten days after the (red co ection aith preparatio Such confirmation shall, as appro. date of receipt of a proposed Execu.

priate, be requested aith respect to tive branch judgment, the destrnees of the even that tueft o a n i re. any intermediate destinations and the the Secretaries of Energy, Defense.

Quired. the Office of Export and ultimate destination of the export and Commerce, and the Director of Import Control shall seek to obtain that are identified in the !! cense appil. the Arms Control and Disarmament cation. If any such confirmation is not Agency, shall each provide the Office and provide the information as promptly as possible. If additional in.

received sithin ftfty.!!ve days after re. of Export and Irnport Control their formation recuired is essential to fur. ceipt of the license app!jcation by the written views on the proposed Execu.

ther Executive branch processing the Office of Export and Import Control tive branch judgment transmitted pur.

Office of Export and Import Control in the Department of State, the Office suant to paragraph f. When presiding may return the appilcation, proposed rnay return the application to the Nu. Its views, the Departrnent of Energy general license, or proposed exemption clear Regulatory Comtniaslon. in shall transtnit a copy of any confirma.

to the Nuclear Regulatory Commis, which event the schedule of tetions tion obtained pursuant to paragraph c slon. In which event the schedule of and deadlines set out herein shall re. and, if applicable, any approval or con.

cetions and deadlines set out herein commence after recefpt of the confir. firmation obtained pursuant to para.

shall recornmence upon receipt by the mation and return to the Office by the graph d. If a required confirmation or -

Office of a substantively complete ap.

Nuclear Regulatory Cornmission of approval is not available at that time.

plication. proposed general license or the application, the Department of Energy shall so proposed exemption from the Nuclear

d. Upon receipt of its copy of the 11 advise the Offlee of Export and Regulatory Coinmission:

cense application from the Nuclear Import Control. Upon receipt of the (11) Whether that agency believes a. Regulatory Commission, the Depart. required confirmation, the Depart.

license application appears to raise ment of Energy shall determine ment of Energy shall forward it as ex.

lasues which will require more exten. 'whether the proposed export involves peditiously as possible to the Offlee of sive censide stion than is normally, material sith respect to which the Export and Import Control and shall necessary irrExecutive branch process. United States has agreed to consult simultaneously advise the Nuclear ing or similar license applications. U aith or obtain the approval of any Regulatory Commission so that the i

sT:h issues appear to be present, the other nation or group of nations prior procedures in paragraph c above may Offlee of Export and import Control to its export. If such an undertaking be undertaken. In the event of any dis.

will normally schedule consideration exists, the Department of Energy shall agreement which cannot be resolved of these issues at the earliest possible promptly inferrn the Department of between agencies. the provisions in meeting of the Subgroup on Nuclear State so that appropriate action ms; ection 5 of Part A shall be followed.

Export Coordination and shall as be taken.

h. An Executive branch judgment L

promptly as possible initlate approprl.

e. If the license application is for an shall normally address the matters re.

ate steps, including those required to export of high enriched uranium, plu. quired by section 126a(1) of the etteln eny nececsary polley decisions tonturn or uranium.233. equal to or ex. Atomic EnerMy Act sith respect to and to Initiate necessary diplomatic ceeding formula quantitles (as defined both any intermediate destinations b

const;ltations:

in 10 CFR 73.30) the Department of and the final destination of the export i

FEDERAL RIGisitt. VOL 43. No.112-FtIDAY, JUNE e.1970

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i that :.re identified in the lleense appil. he shall e:tify the C:mmittee on Ftr. tinent informati:q and a r3 commend.

catien. Nguce gf any transfer Cf the eign Relatlins gf the Senate, the Com. ed course (I action. The snuysis wiu I'

export bette:n int:rinediate destina. ] mittee c3 Internatirnal Relati:ns ci specify 0hether the priposed distribu.

4 tions and the final destination sht!! be the House of Representatives, and the uon appeus to raise issues which till receited by the Deputment of offices listed in pungraphs b through require roote extensive considerstion Energy. Any action required under i of section 3 of Part A, of such exten. than is normally hecessary for Execu.

)

Part E for approval of transfers be. ston.

tive branch processing of similar re.

l ts een it.termediate and final destina.

n. The Offlee of Export and Import quests and the Offlee of Nuclear Af.

[l 1:or.s specified in an application for an Control shall mainLain for at leut five fairs sin initiate as promptly as possi.

rj npcirt !!cerae and which are expected years records of steps set forth above ble appropriate steps, including those b

to occur within one year of issuance of and the dates on which they were required in order to obtain any necesa li '

a license, normally will be tocom. taken, stry policy decisions and to in!titte I!i plished sithout unnecessary duplica.

any necessary diplomatic consulta.

tion of procedural steps during the /

sscTroM s. sMAl.1, GUANTITIs3

ggng, review of the license appucation, and -

s. Pursuant to the authority in sec.

b. No later than 30 days following re.

pubheation in the Fxpiart, RectsTra tion 126a(1) of the Atomle Energy Act ceipt of the analysis, the designees of will take place as soon as possible after to determine that any export in a cate. the Secretaries of State and Defense, Fl issuance of the export !! cense. If anF gory would not be inimical to the the Director of the Arms Control and Q'l e

such transfer does not occur sithin common defense and security because. Disarmament Agency and the Nuclear 1

one year foUowing issuance of the it lacks significance for nuclear explo. Regulatory Commlulon aball provide export Ucense, an appropriate request s!ve purposes, the following categories the Office of Nucleu Affairs with i'

for appront of the transfer shan be of exports shall not normany require their 371tten concurrence or such i

submitted to the Department of case.by. case Executive branch review other views, comments or proposed r

3 Energy for e.ction pursuant to the pro. a onder these prpcedures:

c; courses of tetion which they consider k

cedures in Part E.

(1) Byproduct material: EU types and appropriate. In the event of any dis.

i

• gteement which cannot be resolved

1. A single Executive branch.judg.

Quantitles, exceptifitium in quantitles. *between trencies, the provisions in ment may address rnore than a single

.xceeding 1000 curies.

application to the extent that they in' et-S5UYce tnatertal: tu exports for section 5 of Part A shall be followed.

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solve exports of similar equipment or nonnuclear end uses, and exports of

c. No later than 30 days following i

the expiration of the time lirnit set roster!al to the sune country, in the less than 250 kflerrams 'for nuclear / orth in puarraph b, the Office of Nu.

sarr.e general time frune. of similar end uses; -

significance for nuclear explosive pur.

(3) Low.enriebed uranium: one kilo.v cleu Affairs shan determine whether E

poses and under reasonably similu cir* grain or less of contained uranium.2351 to authorize the proposed distribution:

y cumstances.

(4) High. enriched urtnlunu 0.040 ef.. Protided That if recourse is made to i

J. An Executive brsach judgment fective kuograms or less; the procedures in section 5 of Part A, may address the matters required by (5) Plutonium and urtnlum.233: 10 this period shall be 60 days.

1:

section 126t(1) of the Atomic Energy grams or less;

d. Any time period in this section E

Act by expressing the view that there (6) Deuterium: m kilorr-of may be extended by the Deputy As.

j is no rnaterial changed circumstance heavy water or its equivaJent ceuter. sistant Secretary for International associated aith a new license applica. lurn content in any other form; Propams or his designee.

tion from those existing at the time of (7) Nuclear grade graphite: 100 kilo, stcTIox s. sMAI.L GCANTrTsas issuance of a previous Ucense for an grarns or less; r

export to the sarne country, where the (8) Nuclear equipment: an exports The Department of Energy, without i

previous license was subject to full with a value under $10A000, further interagency concurrence or analysis by the Executive branch.

I

b. This section shall not apply to ex. consultation may, to the extent au.

I

k. An Executive branch judgment ports sith end uses related to isotope thorized in sections 54, 64 and 82 of

.t may address any or EU of the matters separation, chemical reprocessing, the Atomic Energy Act, distribute i

required by section 126M1) of the heavy water production, plutonium such quantitles of material as are spec.

t l

Atomic Energy Act by reference to En handling, such types of advanced tech. ified in pungraph a of section 2 of i

analysis previously submitted to the nology reactors a.s may be agreed by Part B, subject to the Qualifications i

Nucleu Regulatory Commission if the the agencies listed in section 1(c) of and conditions contained in paragraph

+

offlees in paragraphs a through e of Part A, and initial exports of nuclear b of that section.

section 3 of Part A agree that there is equipreent to foreign nucleu facilities.

. no material changed circumstance and is subject to other limitations PAmt D. Drazer on luotRzer Paoppe.

With respect to such matter or mat.

which the Executive branch or the T!oN or SrsC:n Noct. ara mrrate ters.

Nuclear Regulatory Commission may, AnnoAn PUnseANT to Sserton 57b or

1. No later than 60 days after receipt 'from tirne to time, deem necessary.

Twr Atoute Extacy Aer of a license application, proposed gen *.

eral license or proposed exemption by Pant C. Fonttox Disintsvrtons Unorm sectioN :a rRocEDUREa the Department of State, the Deput.

Sectioxs 54 awn 64 or rur Atoute

a. Following receipt by the Depart.

reent shall transmit to the Nuclear ENEacT Ac7 ment of Energy of 'any app!! cation Regulatory Commission the Executive' (which is properly submitted under 10 stcrtex t,raocenUmts branch judstnent on the license appu.

CFR, Pr.rt 810) for specific authoriza.

cation, proposed general lleense or

a. The Office of Nuclear Affairs of tion, the Office of Defense Programs proposed exemption.

the Department of Energy shall pre-of the Deputment of Energy shall

m. Any time period in this section pare an analysis of proposed distribu. submit the application. En analysis, mey 1 e extended by the Deputy As.

tions of source and speeltl nuclear ma. And a preliminary staff recornmenda.

s:stant Secretary of State for Nucleu terial. The Office shall transmit the tion to the offices listed in paragraphs Energy and Energy Technology: Pro. analysis to the offlees listed in part. a and c through ! of section 3 of Part r.

tided, That the time period in part. graphs a. c e, and i of section 3 of A.

5 graph ! may be extended only if in the Part A. The analysis shtU include a

b. The analysis provided for in part.

view of the Secretary of State or his statement of the purpose of the distri. graph E shall specify whether the ap.

designee it is in the national interest buton, reference to the applicable plication appeus to rtise issues which to allow additional time, in which case agreernents for cooperation, other per. will require enore extensive consider.

FIDit.At elGllTIt, YOL 43, NO.112-FLIDAY, JUNE 9,1970

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ation4 than is nirmally necessary for grsphs a and c thr: ugh i Si secti:n 3 Energy Act. The transmittal may slao*

Exteutite bra.nch processing Cf airn!!st af.Part A together with any support. include an analysis chere necessary in 1

appllettions. Cnd the Assistant Secto. ing documtnts. AU references to the the Judgment tf the Office cf Nuclear tary for. Defense Programs or his des. terrn subsequent trrangement" shall. Affairs to facilitate review. Upon the it'nte shall as prornptly as posalble int. for purposes of this Part, be deemed to written request of any recipient offlee 11 14 appropriate steps, including include an enrichment authorisation.

• tithin 10 days after receipt of a those required in order to obtain any

b. As promptly as possible, but no propsed subsequent arrancement, the necessary polley decisions and to tratti. later than 15 days titer receipt of Office of Nucleu Aff airs shall prepare Ele t.ny necessary diplomatic consulta. each request. the offlees listed in part. and transmit an analysis of the pro-tions.

graphs 6. and c through ! of section 3 posed subsequent arrangement.

t

c. No later than 30 days af14r receipt of Part A shall review the request and

d. No later thEn 20 days Efter receipt I.1 gf the analysia, the designess of the shall 6dvise the Office of Nuclear Af. of the proposed subsequent arrange.

f' l

Secretary of State. Defense. Com. falta.

ment pursuant to persgraph c. the meret the Director of the Arms Ccn.

(1) Whether that agency believes designees of the Secretary of State.

trol and Disarmament Agency, a.nd that any additional information is re. the Secretary of Defense, the Secre.

the Nuclear Regulatory Commission

' quired. In the event that such infor. 'tary of Commerce the Director of the shan provide the Office of Defense mation is required, the Office of Nu. Arms Control and Disarmament Programs of the Depa.ttment of clear Affairs shall seek to obtain and Agency, and the Nuclear Regulatory Energy with written concurrence in provide the information as promptly. Comminston shall provide the Office cr such other views, cornments or pro.

' as possible; of Nuclear Affairs with their written the preliminary staff recommendation (11) Whether that agency believes concurrences or such other views. com.

Posed courses of action which they the request appears to raise issues ments, or proposed courses of action consider appropriate. including such which will require more extensive con. which they consider appropriate. The analysis as may be needed to support sideration than is normtuy necessary response of the designee of the Direc.

their position. In the event of any dis. in Executive branch processing of sim. tot of the Arms Control and Disarma.

agreement which cannot be resolved liar requests. If such issues appear to ment Agency shtU tiso include a dec.

Among the agencies, the provisions in be present, the Office of Nuclekt Af.

larttlon of any intention of the Direc.

section 5 of Part A shall be followed.

fairs will normany schedule considers. ter to prepare a Nuclear Proliferstion

d. No later than 30 days foDowing re. tion of these issues at the etruest pos. Assessment Statement pursuant to ceipt of the concurrence or views as afble Inteting of the Subgroup on Nu. section 131a of the Atomic Energy Act, provided in paragraph c the Offlee of clear Export Coordination and shall as Any such statement shall be prepared i

Defense Programs shall provide the promptly s.s possible initiate appropri. sithin 60 days of the receipt by the L

Secretary of Energy with a recommen-ate steps including those required to Director or his designee of a copy of n

dation, including the views of the obtain any necessary policy decisions the proposed subsequent arrangement.

trencies listed in paragtf.ph c. con. and to beg'in any necessary djplomatic In the event of any disagreement cerning his action on the application: consultations; and which cannot be resolved between Protided. That if recourse is made to - '(111) Of their preliminary view. if so agencies, the provisions of section 6 of the procedures in section 5 of Part A.

requested by the Office of Nuclear Af.

Part A shall be foDowed.

this period shall be 60 days.

Itira.

a. No later than 30 days after the ex.

e. Any time period in this section

c. The Office of Nuclear Affairs piration of the time limit set forth in j

inty be extended by the Assistant Sec. shall (if a request for a subsequent nr. paragrsph d. but, if the Director of i

e retary for Defense Programs or his rangement is invohed, no later than the Arms Control and Disarmtroent designeet.

15 days after the expiration of the Agency has declared his intention to i

time limit set forth in paragraph b)*

prepare a Nuclear Proliferation As.

stcrloNs.cowTIxvtc rrrscT or prepare and transmit to the offices sessment Staternent, only af ter receipt evansm raoew.nts listed in paragraphs a, and c through ! of the Statement or the expiration of

a. Pursuant to section 603 of the Act, of section 3 of Part A. a proposed sub. the tirne authorized in section 131c of k 10 CFR Part 810, Unclassified Acth1 sequent arrangement, proposed denial. the Atomic Energy Act for the prepa.

ties in Foreign Atomic Energy Pro-or other proposed course of tetion. In ration of the Statement, whichever trams continues in effect, this transtnittal, the Office of Nucles.r occurs first, the Secretary of Energy.

b. Any amendment of Part 810 Affairs shall advise the Office of or his designee, after making the de.

which involves a determination by the Export and Import Control of the De.

termination required by section Secretary of Energy regarding gener. partment of State if,in the view of the 131a(1) of the Atomic Energy Act and ally authorized activities shall be Department of Energy, a proposed pursuant to any required judgment.

{

made in accordance with these proce. subsequent arrangement is likely to in.

under section 131b(2) of the Atomic

dures, volve negotiations of a policy nature Energy Act, shall decide whether to pertaining to arrangernents for the enter into the proposed subsequent ar.

PART E. Susstectxt AnnAxcrxtxts storage or disposition of irradiated rangement: Prot 4ded. That if recourse /

UNDen Stettox 131 or tus AToute fuel elements or approvals for the is rnade to the provisions in section 5 ENncy Ac7 transfer, for which prior approval is of Part A, this period shall be 60 days,

. required under an agreement for coop.

f. After discharging'the Department stertow.raoctments erttion, by a rec!plent of source or spe. of Energy's responsibilltles under i

s. Any request from a nation or cla) nucJear material, production or these procedures, the Secretary of croup of nations for a subsequent ar-utilization facilities, or nuclear tech. Energy or his designee shall cause to rtmngernent as defined in section nology. This transmittal shall also be published in the FrntKAt Rectstra 131a(2) of the Atomic Energy Act or specify any steps deemed appropriate notlee of any proposed subsequent tr.

resest for an enrichment author 124 to expedite a proposed subsequent tr.

rangement together with his written j tion under section 402(a) of the Act rangement in the instances specified determinatlon that the arrangement shall if it appears consistent with ap-in section 131a(3) of the Atomic will not be inimlcal to the common de.

plicable law and agreernents 'ana if fense and security. He shall also submitted in appropriate forrn be

'A subeecuent arraneement may be inits. report to Congress with respe:t to any transmitted promptly by the O!!!ce of sted in certain circumstances by the Depart. proposed subsequent arrangement of Nuclear Affairs of the Departroent of ment of Enerrr Ln which case paragraphs a the types specified in section 131b(1)

Energy to the offices listed in para. and b are not splicable, of the Atomic Energy Act. No subse.

FEDf aAL R10t$rit, YOt. 43, NO.112.-FRIDAY, NNg 9,19t$

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unt ft.e apphcable time penod or Pt.

s w a e such Cornmerce. Dagreements shr.li be han.

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ct'.s m sectlin 131 cf the Attinic Quintitles Cf n*terial as are specified d!ed in accordance *1th the pt Visions Energy Act have einpaed.

in parstraph a of sectt:n 3 Cf Part 3

?!sectlin A cf Part A,

g. Except f t the time limits for the subject to the gutilficati:ns and condi, e, yteriering treneles shall pro Lions contained in pararraph b cf th:t' ly, but n:t later than 30 days aftefpt.

Prep; ration Cf a Nuclear Pro!!ferstlO sectlin.

Assessment Statement. any ttrne

c. The Department of Energy shall ceipt from the Departroent of Com.

ro.

period In'this section may be extended by'the Deputy Assisttnt Secrttary for provide the offices set forth in phra. merce of an application. protide their graphs a. and c through I of section 3 vitts thereon to the Departrnent of International Prograrns or his dests. of Part A tith a copy of the executed Commerce.1!. hot ever. It is not possi.

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I Ipotvixc AtTausrtRs wrrxtF TMg I' 130 0*

petra that final action on an ap, piloa.

'E scort or an Exroar tictws ao cra.

tion will not be completed tithin 60 TAtx sMAtt GUANTrTrts Past y, expoar !rtus Uxten Stetton days of receipt by the Department of 309c or tur Act Cornmerce, any agency which requires

[h

t. The Department of Enerry with*

additional tirne sht!) inform the Do.

rut further interagency concu,rrence Secrtow 3. PaoctDtrats i

partment of Cornmerce at the eartlest or consultation and after complying

a. A !!st of cernmodities licensed by possible time of the issues involved with any other teoutrements, rety ap. the Department of Commerce which, and provide an estimate of the time i-prove any request for a subsequent ar. if used for purposes other than those needed to complete its review. The De.

rangement which is limited to a re. for rhich the erport is intended. could partinent of Cornmerce viu th A

'I transfer where an applicable export 11 be of significance for nuclear explosive Edvise the exporter in t'riting as r'e.

cense has authorised transfer of the purposes, shall be developed and main. qu! red by section 4(gX1) of the Export j1 material involved for the same pur. tained by the Departments of Com.

Adtntrdstration Act of 1969, as amend.

a j pose and to the skme destination for merce and Energy in consultation tith g'.

g;!

thleh the retransfer is to be made, the Departments of State and De.

s d If the Subtroup recommends Fi unless:

fense. the Arms Control and Disarma. denial of an application. the reasons E

(D The Departrnent of Energy deter. rnent Agency, and the Nuclear Regula. therefor shall be articulated for the rnines there has been a materitt tory Commission, record. If the Department of Com.

k.

change in circumstances since the istu.

b. Export license applications for merce ag7ees with the recommenda.

E Ence of the export lleense:

(11) The retransfer does not occur in commodities on the list referred to in tion, that Department. In accordance j

l the same general time period as con.

paragraph 1. as well a.s any other ap.

tith section 4(gX2XA) of the Export ir plications which may involve possible Administration Act of 1969. as amend.

E ternplated by the export license; nuclear uses, shall be revleted by the ed. shtU notify the applicant in trit.

(110 The retransfer is for any of the purposes set forth in paragraph b of Department of Commerce in consulta. Ing of the negative considerations

![. 3 section of Part B; tion with the Department of Energy. raised 31th respect to such license ap.

E)

(19) The retransfer involv When either the Departmerit of Com. plication. Before fin ] action is taken iF th " " " M* O llorram o merce or the Departrnent of Energy on the application, the applicant aht11 3 'j tI5I235 in utanfuzzt.gariched to treater believes that-because of the proposed be afforded the opportunity to re.

urst.

5-man 20 percent in the notee 235. or. or other relevantdestination of the export its timing, :/.spond *1 thin 15 days to such considerations-a.. considerations. If appropriate. the ap.

u, 4m mransfer iniohes more particular application should be re.. plicant's response will be made avalla.

than $00 rrsms of clutenlum er urtnl.

um Ytesed by other agencies. or denied, ble to the Subtroup for further resiew

• %p,,e Department of Energy, with. such applicatlon shall be referred to and advice. In the event of any dis.

[

.n the SubgToup on Nuclear Export Co.

agreement which cannot be resolved out obtaining interagency concurrence ordination.

The Subgroup shall betseen agencies. the provisions in I:

or consultation and after complytng promptly consider any such appilca, section 5 of Part A shall be followed.

.'9 with any other requirements, may tion and provide its advice and recom.

g entar into a proposed subsequent ar. rnendations to the Department of (TR Doc.18161s4 Pued 6 418: 8-45 aml f

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a ft l UNITED STATES NUCLEAR REGULATORY COMMISSION RULES and REGULATIONS TITLE 10. CHA,TER 1. CODE OF FEDERAL R40UI.ATl0888-E8dERGY PART EXPORT AND IMPORT OF NUCLEAR EQUIPMENT jQ AND MATERIAL

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- 110.2 Definitions.

110.82 Order to show eause.

tititt Seatts eturuces and esemos to 0.3 interpretahans.

110 de r revocation. auspenalen er M

"']88 '88' a

n..lPd,n,o,m,an,eme, e, su,en en e u*l, un um u,e,*emeni..

nta eml penan,.

u n Reirer ics.

i

:: =,a;ge r-110.7 Information callectica requirements heartas.

5 OMB approval.

se6pe,t M-Pubais esseenemmen and Avenskapy 116.136 Uncleastfied stateinents required.

110.7e Completeness and accuracy of of peau nes d sees d, 130.134 Protaeuen of classtfled Infonna.

informeteerL taon..

I 110J 1.ist of nuclear eqelpment and material 110.70 Mouce of receipt of an applicouen.

w tice of witherneral of an appues.

Gebpart W.4ete Mattiiig under NRC export licensing authority.

110 11 o

110.9 Lit: of euclear equipment and material ggy, Avanability under NRC Import hcensing authority.

of documente in the uuNor t Pubue Documem Reem.

.lle.13 r ---"

eeuco en a peuuen.

L gubportD tsenveens 11413 Aranabutty of NRC recoret 130.133 Mouse of propeerd rule makms.

lle.!H Puhue perucileuen.

HD10 Ceneral Sehpare 6-Puhdis panampeonen P,esodesee

$14.188 Nouse of rule man. ins.

11411 Eagert of LAEA safeguard samples Ceaseeming usease Awesenses Artemens A-lJet of nuclear equissneat SubpptC Genweiuseness and matettal under NRC espert/ Import 16 1

110.40 Seats for heartnes.

osastne authenty.

1144 Oemret lie el Wrttien cesaments.

A'rismas bCatasertsauen of nuetear 110 21 Emport of epecialnucleat meterial.

110.33 Hearing request or Intervention pe-

• • 88'i&L 110.22 Empert of source malertal, uuen.

A.Presress C- (eetenes) -

l 110 23 Export of byproduct metenal lie sa Answers and replies.

110.24 Eaport of deutertwo.

110.84 Commlassen acuen en a heartas to.

110.25 Export of sucteer ede ephite quest or Intervenuen peuuort M M of eenottles of wru.

A T Sea St. 53. R 87. 81 R 46. 81.

110 38 Export of nuclear actor compiments t

um ime=

no.e.n eenasment,s.

81103,104,10,0 U,.1.136.1,27.1,2,E 1,2,0 101.

ouer o eran ea,in,.

mm1 17

. S et m

1112e Embergoed daunetiene.

Ile.st f endsuens in a muce w ereer, 110.2e Restncted destinahone.

lle.es Authority of the secretary.

n12. su s3t s37.Ma es3.364.355.ess. es amended 142 U.S C 3071. 3073s 307t 3077 Subpert D--Apptcetone for SpeesRe lf u-~~

n.0.. Ce. pu eene.ma.

nu m a12112.2133.2134.2138.21 hts, u e.

D192-2005. 211

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$ t im.e e-udin esc

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nuo nun.ucense e,,nc.uo

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last information requird h ucanoe Section natiblis) else issued i.nskt Puk t.

arpuceuens.

llll3jfPu"*

en.42. es Stet.

tas USC 24 1.Secuen rtuns and wrvine.

Subpart E-Aevise of usense Appeaseene 110.183 Heartas desset, d 1?a11 also endu sec.122. es heat. ese ng 3 e,,,gg,,,,,,,,-

' !!e.las Acceptance of heertne documents. $ 142 UAC 2132) and esca. Sec and 3?d. 88 lie.!N Presadans offieer.

er Saat 4?3.478 (42 UAC 304). Sects n na27 Hael Executive Branch rute".

H442 Esport kcensing critene.

utles Respenstaany and snow of use ** houd edw acmpn M pres 6 dins offneer m an oral heartas 7 &ct on 1143c(bil3) also issued under sec, 11443 Physical security atendards, lle. lee Paruessauen h a hures 1.:3. 92 Stat 142142 USC M53I Section oc in t lon of 1Itu eleo.nW unde sec. W$ M Stel M muclear esports.

!!e led 15Fearance In an oral heartsig -

es ameMed (42 U.S C 22341 Section H042 lie.100 Mouens and rege also issued unde sec.106. et Stat. 454 (42 Subpert p-usense feeves anal sets,ed lle.!!0 Default.

1: AC. 2230l. Sectione n0 0S-u0 H3 also Previeneas lle.Ill Walver of a rule er regulauen.

I'sved ander & U.S C 551 SM Secteene L

lie 113 R.eporter and transertpt for an egal

.it+a vm-110JG,,15041 also issued under.& USC.S&3.

he-in ro,,e,v-of eem S:.t.

as n 13 ComanAssion actiest 1-1 0.82 voca i s'uspewton. and modif1 e.nended (42 U.S nem aw noi C 22 3r.11&20110.18.

.uon.

ni.i.oiss.ed.we, 110.63 Unite <! States address, records. and sacs.181 b a'nd L es Stat. 944.949. as

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I 1101 Notetther 30,1984 h

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110.2 Il0.8(b)

PART 12 o EXPORT AND IMPORT OF NUCLEAR ROUIPM'!NT AND MATERIA!.

"8ealed source" meens any spe.

e!al nuclear material or b) product ma.

ofimpwt any nuclear equ!pment er defense end security. Notincation shall terial encased in a capsule destened to meteriellieted la l 110.8,unine be provided to the Admnistrator of the a appropriale Rrgunel Ofhce ethin ko prevent leatase or escape of that nu.

authorhed b eref er speclAc 3

clear material.,

heense leeue thle part.

$ workmg days of identifying the information. This requirement is not I

4 4 e'elefe*

f apphc4ble to information which is of h C w

"Bource material" means:

(6)Retraneler of any nucleat g already require 6 to be provided to the _

(1) Uransum or thorium, other than eqW af ormeteriallistedlal144, Committion by other reporting or

- apecial nuclest matettat or inc! ine 1 puc! ear maternal updallns requirements.

(2) Oree t'hich contain by weight produced ugh the use of U.S..eeigla

=

, 0.06 permnt o' more of uranlurn c'r touN;e meterial or speciel nucleet

] gg y,q g gay,,,,, gg,,,,, g g thorium, or any combination of th ee; material, requtru setherteauon by the metertalunder IdeC espert gemeng Pamnt M

, anisse the expwt sup W I means pluto

. urts 23 or W the nm ksPamm h etMed '

nium enriebed above 0.'r11 percent by wetsht in the isotope urantum.236.

UndsF e 8Pecffic or $rnerallicense er en (e) Nuclear teactere and parte and -

compoMnte for sockar reactore es "8pectile license" mr:ans an exemption fromlicenslag utremente.

g,y,.

export or import license laaued to a Unde 7 certeln agreemente named person upon an application cooperation. Deparbosat of Eoergy N E**Cl*' P'*"" "*"I'd'"

fued pursuant to this part.

authorir.auon is also re ukred for the -

"8'*I ***Ibrice M' '#8

" Transfer" means the trsnsfer Mtransfer olopec8el oc lett nieterial mejor shop.fe part speede"y of posseselon from one person to an-1

(-

h" D' *"-

prodoud thmshb me Mne.UL dulgned or propend to esotein the core L

Transport.. means the phyateal supphed acclear meterialin UL da sueleer mcw and upable d movemert of maternel frotn one locs.

suppWd nube facilliin-

withstanding the opereung preneure of

-i r

tion to another.

(bjltequest6 for authority to rwtransfer ~ G e primary coolant.

i ch(argi2) Onane (e, CAW) nettw fuel are procened by the Department of and & herglag machinode, i

.Trittum., muns not only tritium but Energy, Office of International Nuctsar

= also includes compounds and mixtNes and NorrProhfaretion Pol.i manip atin equipment specially dulgned for or removing fuel y containing tritium m which the retic of Wuh,ington, D C. 30645,.,,

in an aparettag nu er reactw, gg

,g g tritium to hydrogen by atoms exceeds reWomente: 00s0 opprenL (3) Reactor control rods, Le, rode 1" I' l

I,,, "# E'

'!be Nuclear Rnguletory Commiesion spciaD desigwd et prepared for the o

i

• has evbmitted the informstion collecuon 2 'outrol f b menos utela a n l

"tinited Sistes" when used in e I mquire6enu contained in this to geographical sense. includes Puerto luco ! the Office of M ment and deet H)Rucw eeolent pumpe, t

end all territories and possessans of the *q (OMB) for approv as mquired by b El L'- P ePociaD e

er United States.

k Reductica Act of1980(44 i

simuleueig pr W ay Lt. f/ 3601 et. seg). OMR has approved le a reelear mester.

"Ututsauan fecunJ" ennas any the InformeUon collection requirernente (6)Raector peceoum tubes, Ladubes -

fr.aclear reactor.bther than one that ts in ll 110.2P.110.30.130.31.11940 tad 8PedaHy or to k Ing mafor com nt's 110.53 under control aumber 3150 0036, cantale fuel to the primary a uc a a actor

and ha approved the cae ofIr tu NRC-coolant la a nuclear reester at sa o

(th Preasure vessels designed to ton.

F. as referenced in i 11dL30, andet oPere presoun la excess of 40

$ tain the core of anuclear reactor; control number 3ue4027.No okt a

(2) Primary coolant pumpe; information collection requiremente are (6) Zircoales tubes,14 eimenium -

(n Puel charons or discharstas me-Jonteined in Part un metil med alle le abo form of tubes or chines:and aneedles of bee specieDy deciped (s1 control rok g i,ey, compi,.,,,,,,,,,ecy se or prettered for aos la e susteer seester.

A utulsatis faculty does not include intormaton.

p) Reacter laternale, sore support the eter.m turbtne generetot portion of (e)Informationprovided to the structures, sentrol and gelde tsbee, 4 nuclear power plant.

Commission by en oppbcant for in thermal shiek b.Else, com plates

[*4114.3 Interyntetkne.

license or by e hcansee or lefortnation and d6flueur plates speclety er Except be anthorteed by the Com.

. required by stoute or by the PMPered for su is e nucleaneseter.

l the meanins of the regultuons An thle

.mleston in wrf ttriguno interpretation of Commission's regulations. ordere, or

( Iteactor eestrelmd dries 9

bcense conditions to be maintaine( be m nienne, including detscasa and a

g part other than a written interpreta-the opphcant or the licenne shall be measurist equipment to determine Sex Lion by the Cenmisston's General! cornplete and occurate in all matulef

)pels.

g Counsel le binding upon the Commlei respects.

(s) othes :

M spesseDy (b)Each applicant or licensee shou d'

8'PMPered for use in a s

~ g noji in,uwesu

?! notify the Commission ofinformation nuclear moeter er in ofthe=

g In uiries concernir's this part should identified b the apphcent or licensee se esmponente described Ibie peregraph.

be e dressed to the Assistant Director having for i e regulated activity e (b) Plants for the esperation of the a for laternetional Security, Office of significani implication for pu%c health lootepu of sonros meterlet spoWal

% Covernmental and Pubhc Affairs. US,.

and urety or r,ommon defense and neclear metenf a! er htblem, and acu, y appli

[

eompoesnie for those plante es le50wn:8

• . Nuclear Regulatory Commission.

i (1)Ursales hexafhserlde corrosloa meletant velne. (UFe) violates lhis L.

Wa shington. DC 20555 (Telephone.wl-

,pp ;,,,,,, Qregraph only if the j

nsee fe:Is to notify the I:

A2%

Commission ofinformation bt b (2) Unite capable of esperstles 5"4 uc.s usens%

s e mtu amme8-apphcant er heensee has identified as Jeowpes of ecum meMel spuie)

• - Encept a.1 provided under Subpert B, heving a significant implicetion for e se,4,,sema a en a m, og g,e p no person may export any nucleet pubhc heelth end safety or common s equipment or meterial lieled in i 110.8, Wst beve tness many,etamos entsasism sempaaeaw er e ses emn i

ese is he es,e, #

e.

g eenevelasesse se ese pe,esreset 110-3 November 30, itse

1% *[

l; 7

3 a.

110.8(d).

I* #

PART 110 o EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL (d) Plants for the febncebon of Subpart C-4eneral Usenees any em oovatry, j) nucleet ructor fusl elements and (2) Special nuclear materialin fuel

=

specially designed or prepared parts and i110.30 6eneret.

elements as replacements for damaged components for those plants.

(alin response to e petition or on its or defective unirrediated fuel elements

~<

le) plants for the production of heavy own initiatae. the Commission may previously exported ander e specific water deuteriore and deuterium issue a peneral bcense for export or hcense. subject to the ame terms as the.

compounds.und specially deogned or import if at determines that an) exports original export heenn and the condition prepared parts and components for or imports made under the general that the replaced fuel elemente must be those plants.

heense will not be triimical to the returned to the United States within a i

Speciul nuclear materiel common defense and secunty or renonable tisme period.

Source material, constuute an unreasonable risk to the Byproduct.ma teres).

pubhc health and sefety and otherwise I "828 E8P8'W seem metenet (O Deuterium.

meet oppheable statutory requirements (a) A generallicense le losued to any Ul Nuclear 31ade sisphhe, (b) All generallicensea will be person to export the following to any

$ tie.9 ust of nutteer equipment and coordinated with the Executive Branch country not hated in i 110.28:

metertet under et import scensing and will be subject to rulemakms (1) Urenium er thonum in any W

88**'"V proceedings under Subpert L substance in contentrations of less then s

(a) Yaction and utthtation facihm (c) A general heense does not rehese 0.05 percent by weight, (b Sp9clet nuclear materi61-a person from complying with the (2) Thorium in incandescent gas regulations of other Gosernment mantles or in elloys in concentrations of I

(c Source ma cria -

(d) B)prothect material.

Wes oppheable to exports or 8 percent or less.

Imports under their euthority.

Subpart 3--Esemptiene id) A generallicense for export may (b) A generallicense la issued to any i

not be used if the exporter knows. or has person to export uretuum or thonum in l,

• individu al shipments gf 10 kilograme or l 110.10 General.

reenon to believe. that the material will j less to any country not hated in i 110.28 (e)In response to e request or on its be used in any setivity related to isotope ovra initiatne. the Commission may separation. cherdical reprocessmg.

s or i110.29 No person may export more grant en exemption from the regulat ons hean water production or the

.

• than 1.000 kilograms per year to any one in this part. If H determines that the febncaton of nuclear fuelcontaining country.

exemphon-plutonsm.utsess their activities are g

gy g

g (1)Is euthonted by lawe

• genencally auJhorized under an person to esport venium or thorium in.

individual shipmente of 1 kilogram or,,

[ defense end securityand (2)!s not antaucal to the common

appropriete agreement for cooperslion.

gg g gg g

s (e) As specified in il 100.21 through s (3) Does tiot conshtute an

• 11046 anJy cerram counWs are ehgible fj,oon may emport m,,ere than 100 r

unrenonable risk to the pubhc health a to receive reports of matenal or

,,,,,,,,y,,,

,,,,,,,,,,g,y, end safety, egoipment undet NRC gent rol beense g g y, m

L (b) An exemptive from statutcry Yhe Comoussion will closely monitor (a) A generalliconee is leeued to any heensing requirements. as authocized"oy these countries and may at any time person to export the following to any sections 5'd. 62. and el of the Atamic remove a country from its general country not listed in l 110 Jet Energy Act. will be granted only afier bcense ehgibility in response to (1) All b reduct material, except coordmation with the Executive Branch significant advern developments in the truium, po onium 210. neptunium-237 and eMclum-2R and after enmpletion of rulemaking country involved A key factor in this proceedmg: under Subpart L reptd is the nonproliferation (c)The granting of an exemption dws credentists of the importing caustry.

(2) Tritium in any dispernd form (e.g..

not relieve any person from complying luminescent light sources, lummescent with the reguist one of other i 110J1 gavert et spoetet nueeser

, paint. ecceletetor targets. calibretion Government agencies apphcable to

mewed, y standards. labeled compounds)in exports or imports under their authontre.

(e) A cr erollicense is issued to any

= quantuin M 10 cunn w Ins per Hem.

3 f tto.t1 gsport of IAEA easeguersa r n 6e g,gg,,

to any a No person may export more than 1.000 sempte

• cunes per shipment or 10.000 curies per A person fe exempt from the (Illow enriched uranium as ruidual a year to any ora country..

(3) Tritium in luminescent ufety requirements for a heense to export

'contaminst oo (17.5 parts per rollhon o' devices installed in aircraft.

special nuclear ma teriai set forth ist luslin any Not es absWee.

sections 53 and add. of the Atomic (2) plutonham ccmaining rio percent or Q(4) Polonium 210in individual g

g Energy Act and from the Mgulahons in more.by weight of plutomm 236 to W h Mc shhh this part to the extent that the person cardiac pacemakers.

, (5) Neptunium 237 in individual enorte special nudeer maur.e,I 5 (3) Sputat nuclear materia'l in ichsing

• shipmento of t gram or less. No person IAEA safeguards umples. If the sarQtes components in instrumente, if no more e may export more than 10 greme per year are exported in accordance with than 3 grams of enriched cranium or 0,1 (to any one country.

6 75.42(e 1)of this chapter,or e gram of pluton;uin or U 2331re compara le Departzwnt of Energy orbr.

contained in each sersing component,

- (b) A generallicense is issued to sn) person to export americium 241 to any and are in quantitiu not exceed.ng a ib) A generallicense is issued to any combined total of 100 grant of country not listed in i 110.23 except person to export the followmg to any conteiried plutonium. U 233 erid Ucl country net hsted in i tio_ts of i 110.2t :that expurts el americium.241 exceedmg per facility per ) ear. This enempt on une curie per shipment or too curies per it) $pecial nudear maticalin b ear to any country listed in l 110.29--

,,",ph; {'p,nY Pye son to indu al shipmena of 0.001 effective 8

7 p,

s (11 Must be contained in industrial chapter or any Commission order kucm Wus hg,12 gram M

procns control equipment or petroleum

1. '

• P "# '"" '4"I P **"I I" 4"'"Ii" "

I pursuant to section 201(4) of the Energy 1

Reorganisahon Act of1974 (42 U'S C.

kiles ams of I percent ennched I exceedmg 20 curies per device; and g g' utenaml. No person niay espo" more (21Ma3 noi exceed 200 curies per year then 0141fect we kilog*sm per yest to do any one country.

110 6 November 30,1984 J

e w

r m

..m

110 31(fl

1. M PART 110 e EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL 5 occurate evaluation of the justafication to be exported under b US4AEA exported and subject to the apphcable I for the proposed export or import.

Agreement for Cooperatiot aareement for cooperation. and no

• including the need for ehlpment by the (5) An export involving eselstance to special nuclear meterial produced dates speedied.

. end uses related to lootope separation, through the use of such material or 2 chemical reprocessing, beavy weter facihbee, will be need for any anclear

~

Subpert E-teview of unnse

% production, advanced reactors or the egplosive device er for research on or Appliestions a febncetion of nuclear fuel containing kePeent of aar noclear exploive IC'-

I plutonjum, except for categories of

, I i16.40 Comm6 mien rotee.

3 exports approved in advanca by the (5) Adequate physical security 5

(a) Irnmediately after receipt of a 11 Executive Branch as constituting measuru will be maintained with a cenae appl 6eation. the Commission artir permitted incidental assistance.

rupect to such material or faciuties 7 trMir.te 6ta licensing review and. to the iI maximum extent feasible, wiu expedi.

he initial exP rt of nuclear special nuclear material used in of l

tlously process the application concur.

metenal or equipment to e foreign uced through the use thereof, rently with rev)<* by the Executive n actor.

i. ysical secwily measures will be

. Branch

17) An export to any country listed in

teemed adequate Lf such measures

.b) N Commissioners aball review e i11048 or 3110Je provide a level of protecton eqalvelect bcense appbcation for expor1 of the ts) An esport subject to rpecial to that set forth in i 110M following.

Itmitations as determined by the (4) No such material or facilities (1) A production or utlhzation facihty.

Jommission or the Executive Branch.

proposed to be exported, and no special (2) Mom ti an one effective kilogram

-(b) The Executive Branch will be re, nucint matenal produced through the of high ennched uranium, plutonium ot quested to:

use of euch matenal, will be U 233 (1) Provide sta Judgment as to r*trenafstred to the lunedicuon of any (3) 1.003 kilograms or more of heavy whether the proposed export would be g other country or group of countnee water or nuclear grade graphite.

Inimical to the common defense and g anless the pnor approval of the United (4) An ex ort involving assistance to hsecurtly. along with su; porting ratio-e Statw te obtained for such retransfer, end uses re led to isotope separetion.

^ 2) here ppil a le. confirm that n rted and pecia uc chenucai reprocessing. heavy water

[ the proposed export would be under production, advanced reactors of the the tenna of an agreernent for cooper.

' meterial produd through tho use of

- fabrication of nuclear fuel contaming Iation and meMel

• W mpmcd and 1 plutonium. except for categones of (3) Address the extent to which the me irradiated fuel clements contatning

% exporta approved in advance by the export criteria in section 110 42 are such material removed from e ree': tor 8

ComnJssion as constituting permitted met. if applicable, and the extent to will be altered in form or content unless I incidentalassistanct which the rectplent country or group the priot approval of the United Statee le (5) N initial export to e country of countries has adhered to the provt.

obtained for such reprocessing or 4tnce March 10.1978 of ocurce or special slons of any applicable agreement for alteretton, nuclear meterial for nuclear end use.

cooper.ation.

(6) With rupect to suporta of such ge3,he Commission may request the material or facihties to sonnuclear (6) An export Lavolving over-(1)10 Executive Branch to addresa specific grams of plutonium. U 233 or high-concerns and provide adotttonal anta wnP" sta us. MFA ufePords wdl be ennched utentum:(ii)1 effective and recommendations as necessary snaintaMed we mopect to au peaceful kilogram of low enriched uranium. (iii)

"To) 9 moveel ao ea met activities in, under the jurisdiction of, or carried out under the control of such 250 kilograms of ocurce matenal, heavy yH0A8 Emp sceneng ermetta sta'e et the time of export his chrion weter or nuclear grade graphite: or (iv) 1.000 curies of tritium, to any country (a) review oflicense op heations will not be e lied if the Commtesion r

peaceM nuc nr van has bun so wd by b hsident in heted la 5110.24 or 8110.29' of production or utilisation facilities.*

writing that falkre to approve en amport (7) Any export oubject to special limitatione as determined by the staff or., special nuclear material and source because thle criterion has not been snet

• matenalla governed by the following would be seriously prejud6cist to the

,e majority of the Commissionere Q cntene:

echievement of United Statee (1)1AEA safeguarde es required by a

,r (c) If the Commission has not comj Article DI(2)of the NPT will be oppbednonproliferation objectives or otherwise leopardise the comunon defenes and I

thin ys er rece pt f th

, with respect to any such facihtsee or security, in wh6ch ease the provtesome of ecutive Branch judgment. as provided meal prop eed a be exported to any Sechon las of the Atomic % Act a

• for in i110 41. or the license applica-such material or facilities previously regardtag r% "' review wel 8

tion when an Executive Branch Juda, exported and subject to the applicable apply.

ment le not required. It will inform the agreement for cooperation, and to any (7) & proposed export of a facility se applicant in writing of the reason for special nuclear material used in of of more than ILOCO effective me of dCay and, as appropriate provide fol.

produced through the use thereof.

e al Ducinar material other

.lowup reporta.

(2) No such material or facilities utonium containing 80 percent er more g nw % % m proposed to be exported or previously y weiaht of plutonium 236 would be (a) A heense application for export of a gay, g

,se.ecaem

,ie.e under the terms of an agrument for

,,,,e,, eemet m esosaw pean cooperation.

the following will be promptly senw, ode end rousse feel saaryg and (s) The proposed export le act forwarded to the Executive Branch for oudsmae medmee we esbesei m b 4 review:

ini:rJce! to the coaunon atefense and

• • arrdas'" asad snuas = i na'g*k ^

E escurity and in the case of lacotty (1) A production or utilization facihty. Oy,$*Q7,g j

exporta, don not constitute na

( (2) More than one effective kilogram wiem e eenched e=th = ew emise nemt unreasonable risk to the public health g of high enriched uranium or to grams of

'wima aaeed e* lent d re-w te me.seew, c.,

and safety in the United States.

plutonium or U 233.

• wtun wmb eenie= === m d=s (b) ne myter of heense applicatione seauu**

• as==*l Se pneer, adead of he for the export of nuclear equipment.

(3) Deuterium, nuclear grade graphite.

.%,,,,,,,,,,,e,,.

or over 100 curtes of tritium.

teme eu sempice preuve wesek presary (4) Ssurce or special nucleat material emin, pwnpa unW mis a 9ml chegne end IaCMy,and dMMum and Suclear eacheyne medaneel when upwwd es,cewer grade graphite, La governed by the are ear.cs es me upwi cniaw m e nacy 110 7 November 30, 1988

t 110A5(c)

II W PART 110 e EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL'

~ Ic)Under action lasof the Atoede licensee may not oHp this meterial or Energy Act, the President may wolve the equipment undi sothorhed by the aquuement for the teredneuen of Asustent Duecter for Interneuonal g

exporte to e country descrbd in,

Secvitty, The Assistant Director fee paragraph (e) or (b) of thle esction after. ; internadonal Security will not authortse determining in writing that the cesseUoo a shipment until eftin' obtaining the a

I of esporte would eertously pejudice the a consent of the Australian Covernment tchievement of United States for Austrellen. origin material or the

[jnonproliferation objectives or eGemlee Cenadian Gourt. ment for Canadien.

g eopardiae the common defena, eed -

ongm matenot security If the President makes this glL determinatina, the Comminion will

14) A licensee authorized to export or leave beenne to export to that country,

( linport nuclear materfalle reps ible

., for complience with applicane if othee applicable etefutory provieloua are met.

I requirementa of Parts M and ya of j this chapter, unless e domestic bcensee sub,s.., p_ucense re,ms e.d

I arise commi. io h eaumed ihai

.. r.n,ew.ione gl,=tigyd ** co==i ' a h -

f ile.as TermsJ tal General and specific licenses.

II) Each license la subject to all ap. {

pitonble provisions of the Atomic Energy Act snd to all app!! cable rules.' %

regulations, decisions and orders ofi A Heense may k transm.W, d8-the Comtnission.

a posed of cr assigned to another person (2) Each license la subject to amend. g only with the approval of the Commis-ment, suspension, revocation or incor, = alon by license amendment.3 poration of separate conditions when l required by arnendments of the L.

Atomic Energy Act or other applicable law, or by other rules, regulations, de.

enstors or orders lashed in accordance

with the terms of the Atomic Energy y, Act er other applicable law.

(3)Each license authortzes export or

~

[ import orJy and does not authortae a any person to receive title to, acquire,

' receive, possess, deliver, use or trate fer nuclear equipment or material.

)

I (4) Each nuclear material Itcense au.

thorises the esport or import of only l

the nuclear material and accompany.

ins packaging and fuel element hard.

wartw

_W No nuclear equipment license confers authority.to export or import nuclear material.

(3) Each nuclear :4quipmer t export license authortnes the export of only those items required for use in the for-eten nuclear ins ellatto_njor which the items are intended.

(1) A incensee shall not proceed ta esport or import and shall notify the Commiasion promptly if he knows or I

has reason to believe that the packas-s i/

Ing requirementa of Part 'f! of this

,, chapter have not been met.

(b) Specific licensee.

(1) Each specific license will have an tian date.

g A acensee may export or im

(, application.

ar for the purpose stated in the (3) Unless e license specifically t

L

, authorites the export of foreign. origin 2 nuclear materftf oc equipment. e

licensee shall notify in writing the i

s Assistent Director for Intemational 7 Securfly at least 40 days prior to export of Australian o-igin or Canadian.origm nuclear material or equipment. A 15ee 40.Sc.20 1-1104 46erember M 1988

,.4 i

j l~

i

.~

u q

L

.t 110.64(el ll0.84(d)

PART 110 e EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL collection, gyment of penalties shall the applicant or lleenaet, (4) Specify, when a person asserts be made by check, draft', or nEney (c) PensaAL Rensetua nottoss; that his interest raay be affected, both i

order payable to the Treasunt of the (d) The Commission letter request, the facta pertaining to his interest and United States, and mailed to the Soc, ins Executive Branch views; how it may be affected. with particu.

l' 7

retary UA. Nuclear Regulatory Coen.

(e) Correspondence from the State ht reference to the factors in i110.84.

t minston, Washington, D.C. 30666.

Department with Executive Branch (c) Hearing requesta and interven.

i 3

(!) An enforcement action to impose views; tion petitions will be considered timely a civu penalty wtU not Itaelf revoke (f) Correspondence from foreign only if fDed not !ater them:

modify, or suspend any licenae under govervisnenta and international organi.

(1) 30 days after notlee of receipt in this pan, antions:

the Fuosaat Racisran, for those appil.

(s) Filings pursuant to subpart I and cations published in the Femann Rao-Illem Settlement and compromies.

Commission and Executive Branch re-isTen; At any time after lasuance of ar sponses,if any; (3) 15 days after notice of receipt in order for any enforcement action, (M If a hearing is held, the hearing the Public Document Room, for all under this subpart, an agreement ma,,

record and dectston:

Other applications; or be entered into for settlement of th' (1) A statement of staff conclusions; (3) Such other time as may be pro-and proceeding or compromise of a. penal

@ N Heense, Nguesta for Hoense

.vided by the Cott. mission.

ty. Upon approval by the Comm aston i

g.

l or presiding officer if a heartna has amedmeta and amedmonts.

e l M83 Answers and sgees.

been reques'ed. the terans of the set.

Cho(nu)niselos, en anmr to a bearinga Un I 180.4 Avellebility of Mtc twerds.

in th rder d p f

e' (a) Commission records under this s enforcement action.

part w1U be made available to the '; toquest or intervention petition may be public only in accordance with part 9 o filed within 30 days after thq Iequest or m

9 8 110.04 Enfortement hearing.

of this chapter, jetition has been served.

(a) If the licensee demands a hear-(b) Proprietary information provided

(.-

Ins, the Commission will lasue an under this part may be protectog (b) Unless otherwise specified by the order spectlying the time and place.

under part 9 and i2.700 (b), (c), and.

Commission a reply to an answer may (d)of tMs chaplet'PerHelpeh p be fued within 10 days after all timely (b) A hearing pursuant to this sub-Skbpert l-pM

ree, answers have been fDed.

part wlU be conducted under the pro-cecures ;rtsubpart O offart 2.

Avres Concerning Deense Appsee.

(c) Answers and replies should ad-Sub ert H-public Notificeh and H*fte dress the factors in i 110.H.

t Avellebility of De<uments end get.

(Ilm Basis fw hearings f ilm Cemmission setles on a buring j

i-ord,,

stltute the exclusive beats for heartnes (4) In an esport Heensing proceed.

The procedures in this Part will con.

ngent w latenenden prouse-l i 110.70 Pubtle nouce of rmipt of an op.

puceuen, on export lleensejpplications.

ing, or in an import Heensing proceed-gilleJI Written somments.

, Ing in which a hearing request or in-te[e n,,pe l n p no asse n jr r elp of etc rt i

rt U. co (a) The Commisrion encourages cense application by placing a copy in [ written comments froen the pubHe re. E fechd.the hmm

.the Public Document Room, wel m.

g sport and Isaport Isamaan ap g tu Whether a hearing would be h (b)The Commisalon will also publieb

=

in the Federal Register e notice of sider and, if appropriate, respond to the pubHe interest; and thue commenta.

(2) Whether a hearing would eastst receipt of an appbcauon for a license to (b) If possible, these comments the Commission in making the statu.

l export the following-should be submitted within 30 days tory determinations required by the (1) A Preduction or utilisation facillty' after public notice of receipt of the ap.

AWale hsy Act, o

(b> If a heartna neuest or interven-

[ lutonium.high<nriched urenlum o'(2) F1ve effecuve kilograms or more of pucation and addromed to the secre, tion petition assetta an Interest which e

tary, UE. Nuclear Regulatory Cosa 4 p mlaston Washfngton, D.C. 30666. An-may be affected, the Coaunission wtH

• seraulum 223.

tention: Chief. Docketing and Servlee consider:

(3)10,000 kilograms or more of heavy Branch.

(D The nature of the alleged inter.

"wstor or nuclear grade graphite.

(c) The Commienton wn! provide the est:

(c) Pen. dic lats of applications applicant with a copy of the aa== mats (2) How that interest relates to lesu-o c.

g recewed me) be obtained upon reqs.est and, if approprmE a numabk op,.

anee or denial: and portunity for response (3) The possible effect of any order

addressed to the Assistant Director for

$ 116.82 New d s post w W neenen en that laterest. Inchseng whether a International Securuy. OfLce of the reuet requested is withm the Com.

• Cos ernrnent and Pubhc Affairs. U.S.

mission's authority, and,if so, whether uclear Regulatory Commirsion.

t tlUnYo IEveE

'"I 114 78 of thdrawal of an seen. -

$M" uel wald mdres the al-or ierve. Untimely heartas.n,euesta.or in.

to a petitions s a be saled The ommlaston will notice the Mea 4 mquata and Inhen8ea

& W enum for h to fDe en withdrawal of an application by plac. I etitions must-

.t me is established. In mvlewha un-a p

ing a copy of the withdrawal request g{Q or Llaas, the Com-g in the Pubuc Document Room.

- (1) State the name, address and tele-(1) The availabuity of' ether.noans

) IIIG.72 AvailabHuy of documents in the *, phone number of the requestor or pe, by which the requestor's er petitson-PubHe Document Room.

tit!oner; er's interest, if any, wGl be protested

Unless exempt from disclosure under 8et forth the issues sought to be or nted by other partielpanta in part 9 of this chapter, the following L a

(3) The extent to which the lasues documenta pertaining to each Ucense I (3) Explain why a bearing or en WG1 he broadened or action ca the ap, application and license will be made *. Atervention would be in the pubhc available in the Public Document 5 interest and how a heed s or

[ placation delayed.

Room:

e intervention would soebt the (d)Before granting or denying a e

(a) The license application and any' h Commission in making the E bearing request or interventl4 petition.

• U)N $1Eo'n"Iu"[r"spendence wtth8"**"* "W"d by I la t

bMNd**

110 11 Novernher 30,1988

i 10.103ic i 110.1lhbt PART 110 e EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL turned u tth ar explanation for nonac.

Commission, thKh may then tasue its dress of the partiespant on t hose ceptance and if so mill not be docket, opmion on the heatmg or proside that behalf he appears.

ed additional testimon) be presented.

Ic) A person may be excluded from a hearms for disorderly, dilatory or cotv 1 110 104 Preudins officer i 110 les Participation in a hearing temptuous conduct. provnoed he is m.

(a) The f uli Commission mill ordF tai Unless othervIse limited by this formed of the grounds and given an riartly be the presiding officer at a part or by the Commission, partici.

Opportunity to respond.

hearing under this part Hosever, the pants in a hearms may submit Commission may proside m a hearms (1) Initial and concluding t ritten l l HM Wouses and nguests.

notice that one or more Commission.

statements of position on the Lasues.

tal Motions and requests shall be ad.

ers. or any of her person u provided b) s2) Wrntlen questions to the presid.

dressed to the presiding officer, and, if lau. s til preside.

mg officer. and written. also filed with the Secretary (b) A participant ma) submit a writ.

(3) Written resportses and rebuttal and sersed on other participants.

ten motion for the disquahfication of testimony to the statements of other (b> Other participants may respond any person presidmg The motion participanta.

to the motion or request. Responses to shall be supported b) af fidssit setting (b) Participants in an oral hearing written motions or requests shall be forth the alleged grounds for disquah-man also submit oral statements, ques.

filed within 6 days after service.

fication If the presiding of ficer does tions. responses and rebuttal testimo.

(c) When the Commission does not not grant the motion or the person ny preside. m response to a motion or re.

does not disqualif> himself. the Com.

ic) A participant in an import bcens, quest, the presiding officer may refer mission wtl1 decide the matter ing hearing establishing that his inter.

a ruling or certify a question to the (c) If any presiding officer designat.

est may be affected. may be accorded Commission for dectaton and nottf/

ed by the Commission deems himself additional procedural rig h t.s under the participante.

disquahfied he shall sithdras b)

Subpart O of Part 2 with respact to (d) Unless otherwise ordered by the notice on the record af ter notifying resolution of domestic factual issues Commission. a motion or request, or the Commission regarding the public health, safety the certification of a question or refer.

(d)If a presiding officer becomes urb and environment of the United States.

ral of a ruling, shall not stay or extend as atlable. the Commission mill desig.

and the protection of the United any aspect of the hearing.

nate a replacemen'.

States publ6e agagut domestic thef t.

(e) An) motion concernms the desig.

daeruon or sabotage. to the extent

$ 180.110 Default nation of a replacement presiding of fi.

that such issues are separable from When a partbetpant falls to act cer shall be made within 5 days after the nondomestic issues associated with within a specified time. the presiding the designation the beense appheation.

off6cer may consider him in default.

(f) Unless otherstse ordered b) the Lasue an appropriate ruling and pro.

Commission. the jurisdiction of a pre.

I lie it? Presenistion of testirnomy in an ceed without further notice to the de.

siding officer other than the Commis.

oral hearing faulting participant.

. sion commences as designated e the. (r i All direct testimony in an oral 3 hearing notice and termmates upon 3 hearing shall be filed no later chan 't k i 110.181 % aner of a rule se regulation.

g certification of the hearing record to ;; days before the hearms or as other-N (a) A parttenpant may petition that a the Commission, or s hen the preud g stse ordered or allowed.

a Commission rule or regulation be g

ing officer is disqua'afied

• (b) Written testimony will be re-

• walved alth respect to the license ap.

9 ll10.105 Respons &.lsi.s and poser of the Q ceived into evidence m exhibit form.

I plication under consideration.

(c) Unless proscribed under (110.87.

(b) The sole groursd for a waiver presiding officer in an oral hearms members of groups thich are desig-shall be that. because of special etr.

tal The presidmg of ficer m any aral nated as participants may testify m cumstances concerning the subject of hearing shall conduct a f air hearing.

their Individual capaetties the hearing, application of a rule or deselop a record that sill contribute id) Participants may pruent their regulation would not serve the pur, to informed decisionmaking. and.

own witnesses poses for which I't was adopted.

sithm the framesork of the Commis.

te) Testimont b) the Commission (c) Waner petition shall specify why sion s orders have the pouer neces-and the Executne Branch will be pre.

application of the rule or regulation sary to schlese these ends. includmg sented only by persons officially desig-would not serve the purposes for the poser to nated for that purpose.

which it was adopted.

(1) Take action to asoid unnecessary (fi Participants and witnesses will be (d) Other participants may. within delay and mamtam oder.

questioned orally or m writing and 10 days, file a response to a walver pe.

(2) Dispose of procedural requests, only by the prestding officer. Ques.

tttton.

(3) Question participants and u tt.

Lions may be addressed to individuals (e) When the Cornmaaston does not nesses. and entertain sugens as to or to panels of participants

<>r wit.

preside, the presiding officee will certs.

questions shich may Le uked of par.

nesses fy the waher petition to the Commis, ticipants and mitnessess is t The presiding off.cer may accept sion which. in response, will grant or (4) Order consolidation of partici.

u ritten testimony from a person pants.

unable to appear at the hearing. and deny the valver or direct any further proceedings.

(S) Establish the order of presenta.

ma) request him to respond to ques.

(f) Regardless of whether a walver is L10h.

Uons (6) Hold conferences before or th e No subpoenas will be granted at granted or denied, a separate petition during the hearms.

the request of participants for attend.

for rulemaatng may be filed purauant (7) Estabhsh reasonable time hmits, ance and testimony of participants or to Subpart L of this part.

(8) Limit the num')er of sttnesses mitnesses or the production of evi-

$ 110.111 Reporter and traneertet fee an and dence oral beartag.

(91 Strike or reject duplicatne or it.

gla (a) A reporter dulpted by LM Commission will record an oral hear.

b) re th Commission itself

'a > A participant ma) appear in a does not preside hearing on his own behalf or be repre.

f and prepare the nffletal hearing

,T""

a an authorized represents.

(1) Th' presidmg of f w i -

(b) EEept for any clasalfled Ja.

m inod an non appearing shall file a tions. truertpts will be placed Lt !

(2) AM hear % bder Pubhc Document Room, and c<. A

<re stating his name ad.

fled b) the Commrulon i

lephone number. and if an may ba purchased from the Secretary, (3) The preside of N i*.5

..epresentain e. the basis of US Nuclear Regulatory Commission.

the completed t.. ring anaty and the name and ad-Wa.shington. D.C. 20$55.

110-13 Novernber 30, t964 l

l

gC 110,125(bl App.Af e)

PART 110 e EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL agreed upon by the participants or will normally follow. whenever appro, mating rotor aswably. sed bence ito preacttbed by the presiding officer.

prlate. receipt and enaluation of Ea.

Indmdual components, have to be and after notice to all partletpants and ecutive Branch views.

manufactured to very close wierances in opportunity to be heard on the notice, tel The Commission in exercising orde to munimise lhe embelence. In contreet the presiding offteer will determine the discretton authortaed by section to other centrifuges, the ses ces for j

ahether an uncleasified statement 4(aN1) of the Administrative Proce, arenfum entschment is che by may be substituted for the class!Ded dure Act (6 U f 4. S$3 tan H). will herms withis the roter chamber a rotating information in the hearms record decide s' hat,if any, public rulemaking disc obaped be8Rs(el and a etationary tube without prejudice to the Interest of procedures will be folloted.

arrangement for feeding and outractaeg W.

any participant or the pubtle'.

pas and foetunne et least 3 pparew channele (3) If the Commtssica determines 1 M Mn of pmped dea %

W wbch 3 am esanecwd to scoeps enknding that the unclassified statement t to, ta) When the Commission proposes fme the rotor sale towards the peHphery of gether ntth such unclassified modifl.

to amend th

• regulations in this part, the rotw chamber. Also contained within the cations as it finds are necessary of ap.

it will normally publish a notice og muum environmat are e number of citical propriate to protect the interest of proposed rulemakmg in the TEDERAL I4me which do hot retou and which.

Rtctstta' ttee of proposed rulemaking ehhough thy am especially designed. are not other participants and the public) ade.

(b) A no difficult to febricate rior em they febncated quately *et.s forth information in the c!assified matter ahich is relevant and will include.

out e'.:ni maternal to the tasues in the hearing. it t1) The a'uthority for the proposed however,que matenais. A contnfuse feelhty.

requires a large number of these rule; mill direct that the cle.ssified matter be -

components so that quantmos can provide en excluded from the record of the hear.

(2) The substance and purpose of important toda:etion of end use.

Ing; and the proposed rule; 3.1 Aasesmt cestponense.

(4) The Commtaslon may postpone (3) Directions for public participa.

(el Complete Roter Assemblies: Thia.

tion; any of the procedures in this section walled cyhndere. et e number of (4) The time and place of any public interconnected thia-welled cylinders.

until all other evidence has bean re-hearing; and cetted. Homeser, a participant shall manufactund from one of the high strength.

(5) If a hearing la to be held by to.densby muo meurtele ducreed in the not postpone service of any uncleast.

fled statement required in this section.

Other than the Commission, designat.

Footnow to &ls Seenon.

Ins of a prestding officer and instruc.

Ifinterconnected. the cylinders are loined Protection of riassined informe. E" tions for the conduct of the hearing. together by fleaible bellows or rt se i 110 124 tc) A notice of proposed rulemaking described 6n i 1.1(ck The rotoris med with N will be published not less than 15 days 140 thing in this subpart shall relieve et before any hearing, unless the Com.

an iniemel beffle(s) and end caps. es desenbed in i 1.3 (d) and (4),if in fhal form any person from safeguardmg classi. $ misalon for good cause provides other.

However, the complete assentdy may be fled information as required by law I wise in the notice.

• dehvered only partly aseembioqL and rules, regulations or orders of any

pre (b)RotorTubes Repecially designed er

. Government agency.

9 Ilt.lH Publie participaties pared thin-welled cyhndere wsth W

Subpert L-Rulemebing ia) The Commission may hold an a thickness of12mm(Join.lerlees,e diameter ore.1 hearing on a proposed rule or { andmanufactwedfreesoneof theh s i 110.130 lattiation of rulemaking.

permit any person to partietpate in a rulemaking I The Commission may initiate action proceeding through the to amend the regulations in this part submtsemn of wNtten cornmente.

streng4te density rette meterials described In the Fwenote w eis teenes on its own initiatise or m response to a (b) When it le in the public interest petitson and to authorised by law, public rule.

(c) ging, er gellows, Components making procedures may be omitted especially deWyed w prepared W give 6 110.131 Petioon for rulemaking.

and a notice of rulemaking published lucehsed support to the reser tube er te loin hythe a wmbe of mur tuba The klion (a) A petition for rulemaking should in a short cyhnder of well tecknees 3mm be addressed to the Secretary. U.S.

I the.las Notice et rulemakles.

[123 al w luo, e diamela of betwwa 7sem Nuclear Regulatory Commission.

tal Upon approval of an amendment naland emme Was4 % e Washmaton D.C. 20$$$. Attentton:

Chief. Docketing and Settice Branch.

the Commission will publish in t)N

"' 8 **"*'**

O**

4 '

"*"*A' Prota4L Racistsa a notice of aJte.

ducnbod in he hw tie wches tW The petttton shall state the basis for the requested amendment.

mating which meludes a statement of Its baste and purpose, effective date (d) Deffles: Dioc ehapod eempenents ef (c) The petition may request the Commission to suspend all or part of and, where appropriate, any signift kwnn fles [3 hs.l sed h (1g ins) any licensing proceeding under this cant vartations from the amendraent eemewe wrecteay dudgud er pmpend to part pending disposition of the pett-as proposed in any notnee of proposed be mounted assede to someHhy swer tuk, (lon.

{ rulemaking.

ht order to testow to takeoff chamber from (b) The effective date of an amend.

Ib m'in espuettoe chesiber end. le some idi The Sectetary will assitn a l ment will normally he no eattler than coeer -.eenet the UF. pas circulation withis docket number to the petition, place a g 30 days after publication of the notice j then

.eparettee chamber of the roter copy in the Pubisc Document Rocm i of rulemaking, unless the Commiselon I tebe e a menefactured from one of es high and notice its receipt in the ProtaAL i for good cause provides otherwise in str. 4 ' 'Saleneity sette meterials described Recastra.

["the notice.

le 4 ;otnote to thi6 SecesseL tel Publication may be limited by Ippeneka A-List of gee contrifuge (el rer Caps /Sotten Cepe: D6sc shaped order of the Commission to the extent required by section 131 of the Atomte eart6bment pleet campeneste ueder NRCe

,aaraaaats of betwwe 75mm (3 halend Energr Act.

esport licensieg authority.

400mm (1g ine.) diametet oeper.neDy designed er propered to St to the ende of the roter 1 Assembhes andcomponents e i 110.132 Commiss.on action en a petition.

Ial TM Commission may grant or ;:cenmfuges.g,g%ggg,,wecially tube. ead 00 centeie he (!Fewithis he roter

,oww %,,m,,,g m,

centem se en inteersied part. en elemens of deny the petition m whole or in part.

e ib) If the petition is granted, a a Note 4 gas conmfuge normeUy the upper beenne tiep coel er to carry the notice of proposed rulemaking or a a conaists of a tbm. welled cyhnderte)of roteung elemente of the meter and lower beenne (bottom cap). and manufectured from notice of rutetaaking w1!! be pubhahed $ tQn m

)*^

ene of the high strength to.denety rette in the ProtRat Racistra.

(c)If the petition is denied, the petl, l and spun et high penpheral speed (of the metenele desenbed a the Footnow to tio sv tiener will be informed of the grounds.

der of 300 m/per second and more) with the g

id) Commission action on a petition central aus verticel. In order to schreve high speed. the me tenals of construction for the 4

110-15 November 30,1988

g ;<-- -

PART 110 e EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL Appendin B-Cetegodssties of sucJear Sheleflal MateriaJ Perm Catevery i

i It III

• i PlutentumL Ururtseated*

3 kg er mem Laes than 3 as but man than 800 s or lees eso a 1 Urandum 336' Untrradaated

• Uranium enruhed to 30 nt U" e' more 8 ts er move less than 5 44 but amore than i I kg er teen ta Uransum enriched to 16 p:t U" but 6em than 30 19 kg er meM 1sesthanlekg pet.

I Uranaum entwhed above Estural but less than 19 le h4 er more g

met U=

-E

• a Ursnaum ass -

Unstromated' ks or men taas than a as but ante uian soo 3 er seen see s

• An piuteruum eseeps that with eteen eencentraten enre+4es so pei in piutonium ase

• wawnas not irneswd in a rewter er maiensi treadiaud in a muter but otta a vseaten te=+i equal to er seis than les ed,h at i = unshwided

• Nature' uranjum depleted nirafdum.thortum and quantities of utenlum enriched to less then IM not fallms into Celepory !!! should be protected an accorddnce with prudent management practice.

'tr7totaud fues sneuld be protected as esteeery I.18. er lit nuclear material dependtag en tne esteeery of the fresh fuel Heeeeer. fuel theeh by otrtue of its ertemal flassle matensJ eontent la included as category I or II before ernesuon sLvuld enJy be neuced one enweery nevel. ehale the radiaten Mvel freen the fuel escoeds Leo ed/h at I m unshielded

'PhyssenJ eefurtly determinations eul not be required for il a er lees el eiutomum. uranaum 333 or high<mrtched uratuum er for i kg er tres of uransum with an eastehment betoeen 10 and 30 pct in urtnsum 134 Appendia C (de'eted) 49 F 8t 43198 i

110 17 November 30,1988

i t

y 4

t November 16, 1979' SNEC PROCEDURES To enhance the efficiency and usefulness of the Subgroup on Nuclear Export Coordination, the following procedures will be followed:

1.

Each SNEC member agency will prepare its own submission of items for the SNEC agenda on forms provided by the Secretariat and deliver the completed forms, with any necessary background material, to the Secretariat by COB on the Thursday of the week before the next SNEC meeting.

2.

The Secretariat will prepare the agenda and deliver copies to the member agencies by COB. on the Friday before the meeting.

3.

At the close of SNEC discussion of En item on the agenda the Chairman will ask the senior representative of each member agency to state briefly the agency's position. The Chairman then will summarize the SNEC's action on the item (recommendation of approval, denial or deferral of decision, reasons, assigned, actions and suspense dates, etc.).

4.

The Secretariat will prepare minutes of the meeting based largely va tha Chairman's summary on each item. Minutes will be factual and avoid points subject to interpretation.

The Secretariat will check the minutes with the Chairman before sending them to member agencies. Minutes of the last meeting will be available before or at the next meeting so that member agencies can request any additions or corrections immediately.

4 5.

An agency assigned a follow-up action on a SNEC case (edditional information, letter of assurance, technical analysis, guidance from superiors, etc.) will inform the Secretariat when the action has been completed. The Secretariat then will update the SNEC file on the case, scheduling it for reconsideration at the next SNEC meeting if appropriate.

6.

SNEC member agencies will send the Secretariat a copy of signif.1-cant or final action taken on SNEC cases for which their agency has the approval / denial authority.

b Backgrc,,nd Paper-NRC Consultat_jons on Department of Connerce-licensed Supercomputer Export Cases

-The Interagency Subgroup on Nuclear Export Coordination (SNEC) serves as a foruw

'3 for exchanging views on those Department of Cossnerce (DOC)-licensed export items that are controlled ft,r nuclear proliferation reasons. The SNEC provides coordinated advice and recommendations to DOC and establishes export control guidelines for those export items that could be, if used for purposes other than-for which the export is intended, of significance for nuclear explosive purposes.

Under the Nutiear Non-Proliferation Act of 1978 (MNPA), DOC is required to-

" consult' with NRC and other relevant agencies on these exports. During the past year, an increasing number of 00011 censed supercom> uter applications for-exporttosensitivecountries(e.g.,BrazilandIsrael)iavebeenreferredto SNEC. Despite the-increasing civil end uses for supercomputers, their export remains a controversial matter because of the risk of diversico or misuse for nuclear explosive purposes. As a result, these cases, including the applications referred to in DOC's February 16, 1989 letters, have been some of the most difficult cases for the SNEC agencies to deal with.and to provide a consensus view and recomendation to DOC.

J W

L 14 Canfd informaten hed bm Remwed fmm this Doowent.

kf 3

r f-The interagency review procedures established pursuant to the NNPA for SNEC L

{U}

cases call for formal higher level review, including referral to the NSC, when there is a disagreement. However, 000 has the statutory authority to proceed j~

with action on these cases notwithstanding the existence of-an interagency g f disagreement if it considers all statutory requirements have been met.

e k

Vb f the current practice for the NRC SNEC member, acting under the Connis l

R l-OE delegation of authority to the staff, is to defer to the consensus of the I

L

y j

! Executive Branch since NRC has no substantive information to add, i.e., we are' w a not intelligence or foreign policy analysts, nor do we have the special-technical MC i expartise in these areas necessary to assess these cases or the resources to E $N (/developsuchexpertise. While the NRC staff historically has deferred to other n s i fFagencies on supercomputer and other related requests, it should be noted that

?E the staff has requested DOC to coordinate with us formally on other DOC-licensed 2 N S"h' export items which have direct relevance to nuclear end-use export itens such as 9 fl reactors, reprocessing, enrichront, and heavy water production facilities, and

^ '

$ if U,'

fuel fabrication-related items, The staff's proposed letter to DOC regarding the gaMa5 three supercomputer cases woula conform with the NRC's past consultative practices.

1. 542 If, however, the Connission wishes to take positions on these cases, the staff would to provide the relevant background information for making such decisions.

4 mem M W:c.....

C

._