ML20044C432
| ML20044C432 | |
| Person / Time | |
|---|---|
| Issue date: | 02/22/1993 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| FRN-58FR14344, RULE-PR-110 AE31-1, AE31-1-003, AE31-1-3, PR-930222, NUDOCS 9303230026 | |
| Download: ML20044C432 (18) | |
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3, NUCLEAR REGULATORY COMMISSION 10 CFR Part 110 RIN 3150 - AE31 Specific Licensing of Exports of Certain Alpha-Emitting Radionuclides and Byproduct Material AGENCY:
Nuclear Regulatory Comission.
ACTION:
Proposed rule.
SUMMARY
- The Nuclear Regulatory Comission (NRC) is proposing to amend its general licenses for the export of special nuclear material, source material, and byproduct material. The amendments are necessary to conform the export controls of the United States to international export control guidelines and treaty obligations. The NRC also is proposing that Appendix A to Part 110 be restructured for clarification and to emphasize the distinction between nuclear reactor equipment controlled by the NRC and the Department of Commerce.
4Jul93 DATE: Coment period expires f 30 days after oublication in the Federal Reaisterl. Comments received after this date will be considered if it is practical to do so, but the Comission is able to assure consideration only
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'g(\\{Ch for coments received on or before this date.
9303230026 930222 PDR PR N
g9 110 5BFR14344 PDR e
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t ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory:
Comission,' Washington, DC 20555, Attention: Docketing and Service Branch.
Deliver coments to: 11555 Rockville Pike, Rockville, Maryland, 20852 j
l between 7:45 'am and 4:15 pm Federal workdays.
-l Copies of coments received may be examined at:: the NRC Public Document'
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r Room, 2120 L Street, NW. (Lower Level), Washington,-DC, 20037.
i FOR FURTHER INFORMATION CONTACT: Elaine 0. Hemby, Office of International i
Programs, Nuclear Regulatory Comission, Washington, DC 20555, telephone..(301)
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's 504-2341, or Joanna M. Becker, Office of the General Counsel, Nuclear Regulatory Comission, Washington, DC 20555, telephone (301) 504-1740.
SUPPLEMENTARY INFORMATION:
INTRODUCTION The Nuclear Regulatory Comission (NRC) is _ proposing-to amend.its export d
licensing regulations to conform with the export control guidelines of_ the -
international Nuclear Suppliers Group (NSG), the International Atomic Energy List of the Coordinating Comittee for Multilat'eral Export Controls (C0COM),
and a' treaty obligation between the United States and Canada. The NRC would:
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amend its general-licenses for the export of dispersed tritium,;; bulk tritium (
americium-242m, califorr.ium-249, californium-251, curium-245, curium-247',cand -
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the following ' alpha-emitting. radionuclides: special nuclear material---
f plutonium-238; source material--thorium-227, thorium-228, uranium-232;cand
. byproduct material--actinium-225, actinium-227, californium-248, californium-L E
250, californium-252, curium-242, curium-243, curium-244, polonium-208, _
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polonium-209, polonium-210, radium-223, including compounds and mixtures containing these radionuclides with a total alpha activity of I curie per kilogram or greater. The alpha-emitting radionuclides when contained in devices in quantities of less than 100 millicuries of alpha activity per device would continue to be generally licensed for export. Export of the f
alpha-emitting radionuclides to member states of the NSG would continue to be generally licensed, but export to other countries would require a specific license.
Each exporter covered by these regulations would have to meet the new requirements, as well as existing regulations.
The NRC also proposes revision of Appendix A to Part 110, which covers the nuclear reactor equipment under the NRC export licensing authority. The proposed revision would aid exporters and U.S. agencies regulating exports in determining the reactor equipment under the NRC jurisdiction.
The following is a summary of the proposed changes and the reasons for the changes:
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[1] In the spring of 1992, the international Nuclear Suppliers Group (NSG), in which the United States participates, established common export control guidelines applicable to nuclear-related, dual-use commodities to prevent the proliferation of nuclear weapons. The NRC has licensing authority over two items on the NSG control list, alpha-emitting radionuclides and tritium. The remaining items are subject to the licensing controls of the Department of Commerce and are contained on a list referred to as the Nuclear j
Referral List. The proposed rule would conform U.S. controls for exports of alpha-emitting radionuclides and tritium to the NSG control list.
To reduce additional requirements imposed on U.S. exporters resulting from the general license revisions, the NRC proposes new general licenses to
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4 permit (1) exports of small quantities of alpha-emitting radionuclides to most countries, (2) exports of any quantity of alpha-emitting radionuclides to the member states of the NSG, and (3) exports of dispersed tritium when contained in a product or device in quantities of not more than 40 curies of tritium to i
the member states of the NSG. The following changes are proposed
..g In 1110.21, which describes the general licenses for the export of-special nuclear material, paragraphs (a)(3) and- (b)(1) would be revised to
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remove plutonium-238 and new paragraphs would be added. for the export of plutonium-238 under general license when contained.in devices in quantities. of j
less than 100 millicuries of alpha activity per device.
In 1110.22, which describes the general licenses for the export of j
source material, paragraphs (a)(1), (a)(2), (b), and (c) would be revised to remove uranium-232, thorium-227, and thorium-228 and new paragraphs would be.
added for the export of uranium-232, thorium-227, and thorium-228 under f
general license when contained in devices in quantities of less than' 100 i
millicuries of alpha activity per device.
In 6110.23, which describes the general licenses for the export of i
byproduct material, paragraph (a)(1) would be revised to add' actinium-225,.
actinium-227, californium-248, californium-250, californium-252,- curium-242, curium-243, curium-244, polonium-208, polonium-209, and radium-223 to the list of byproduct material which may not be exportedLunder general license'except as ' authorized in that section. The general license for polonium-210, an--
alpha-emitting radionuclide, would b'e revised to clarify that polonium-210
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when contained in static eliminators may not exceed 100 millicuries per device j
l or a total of 100 curies per individual shipment. The general license in ll paragraph (c) covering the export of bulk tritium would be removed. A new.
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general license would be added as paragraph (c) for the export of tritium in.
dispersed form to NSG member states, not to exceed 40 curies per item. The i
general license for tritium in luminescent safety devices installed in aircraft would be changed to specify a limit of 40 curies per light source for i
this purpose. Some changes would be made of an editorial nature to the j
general licenses for americium-241, neptunium-237, and tritium in dispersed form to present the provisions in a clear manner.
A new 5110.30 to Subpart C would be established that is comprised of the member states of the NSG. The NSG member countries would continue to be eligible recipients under the general licenses for alpha-emitting radionuclides in any quantity and for dispersed tritium when contained in a i
product or device in quantities of not more than 40 curies of tritium.
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[2] Because a new fl10.30 would be added, some changes would be required in other sections of Part 110.
Sections 110.30 and 110.31 would be redesignated as 6110.31 and 6110.32, and the references to 55110.30 and 110.31 in 5110.7 would be changed to 5110.31 and $110.32 to be consistent, as would the reference to 6110.31 in 5110.30. In 9110.20, the references in paragraphs (a) and (f) to general license sections would be revised to add 5110.30.
[3] Section 110.22(b) would be revised further to reduce the total l
quantity of Canadian-origin natural uranium which can be exported under general license to any one country from 1,000 kilograms to 500 kilograms per year. The reduced quantity would provide assurances against inadvertent violation of the U.S.-Canada Agreement for Cooperation.
[4] Section 110.23(a)(1) would be amended to conform the NRC's export regulations with the export guidelines of the Coordinating Committee for Hultilateral Export Controls (C0COM), in which the United States participates.
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The amendment would add americium-242m, californium-249, californium-251,
-i curium-245 and curium-247 to the list of byproduct material which may not be j
exported under general license except as authorized in that section.
[5] Appendix A to Part 110 would be amended to clarify. the nuclear reactor equipment subject to the NRC licensing authority.
Paragraphs (8) and (9) would be redesignated as paragraphs (9) and (10), and a new paragraph (8)
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would be added to cover " reactor. control rods", as specific nuclear reactor j
equipment under the licensing authority of the NRC, but not constituting.a utilization facility. Paragraph (10), covering other specially designed or' prepared equipment and components controlled by the NRC, would be revised by adding the phrase "that are especially relevant from the standpoint of export
.j control, as determined by the Commission, except for the items licensed by the.
Department of Commerce pursuant to 15 CFR Part 799." The revision is intended ~
to call attention to the licensing interface with the Department of Commerce-in respect to exports of incidental' reactor equipment and dual-use. items.
[6]
Ir 5110.26(a), the reference to paragraph (9) of Appendix A.would be changed to paragraph (10) of Appendix A, as would the reference to paragraph (9) of Appendix A in the footnote to l'110.42.
The provisions of the Administrative Procedure Act (5 U.S.C.'553),
requiring notice of proposed rulemaking and opportunity for public-l 5
participation, do not apply, pursuant to 5 U.S.C. 553(a)(1). because' the j
amendments which follow involve a foreign' affairs function of the United
-States. However, because of the importance of the requirements on affected exporters, this proposed rule is being issued and comments received will be-considered in the development of th'e final rule. Accordingly, the NRC
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7 encourages interested persons who wish to comment to do so at the earliest possible time to permit the fullest consideration of their views.
1 Environmental Impact:
Categorical Exclusion The NRC has determined that this proposed rule is the type of action described as a categorical exclusion under 10 CFR 51.22(c)(1) and (c)(2).
Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed rule.
Paperwork Reduction Act Statement This proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This rule has been submitted to the Office of Management and Budget for review and approval of the paperwork requirements.
The public reporting burden for this collection of information is estimated to average less than 3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br /> per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this f
burden, to the Information and Records Management Branch (MNBB-7714), U.S.
Nuclear Regulatory Commission, Washington, DC 20555; and to the Desk Officer, Office of Information and Regulatory Affairs, NE0B-3019, (3150-0036 and 3150--
0027) Office of Management and Budget, Washington, DC 20503.
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1 Regulatory Analysis The Commission has considered alternatives to as well as the costs and benefits of the proposed rule and has concluded that the rule would have a minimum impact on the affected exporters. The export controls of the international Coordinating Committee for Multilateral Export Controls (C0COM) i and the international Nuclear Suppliers Group (NSG) list certain alpha-emitting radioisotopes, bulk tritium compounds, and the byproduct material americium-242m, californium-249 and -251, and curium-245 and -247.
The NRC has regulatory authority under the Atomic Energy Act over these materials, and its current regulations permit a person to export these materials to.most countries under general license provisions. To implement the export controls of COCOM and the NSG, in which the United States participates, it is necessary for the NRC to amend the general license regulations in 66110.21 through 110.23 for the export of special nuclear material, source material, and byproduct material. This will mean that a person previously using these general license provisions as providing authority to export may be required to submit specific export license applications. There are no alternatives for achieving the stated objective. The proposed rule would satisfy the U.S.
Government's international and treaty obligations.
7 Based on data obtained from the Department of Energy's national laboratories and industry sources, the proposed general license changes should i
have a minimal impact on the public since most commercial activity for alpha-l i
emitting radionuclides could continue under general licenses that would be developed to permit' exports.in small quantities to most countries and in any 1
9 quantity to the twenty-six eligible countries. The NRC is not aware of any appreciable U.S. export traffic in alpha-emitting radionuclides that would not be covered by the proposed general licenses. Likewise, laboratory personnel indicate that the effect of deleting the bulk tritium general license should 3
be minimal because tritium in bulk form is typically exported in large quantities which already require specific licenses. The foregoing discussion constitutes the regulatory analysis for this proposed. rule.
Regulatory Flexibility Certification Based upon the information available at this stage of the rulemaking proceeding and in accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the Commission certifies that this rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. This proposed rule would not affect the export of alpha-emitting radionuclides to those countries where the principal commercial activity exists or to other countries in de minimis quantities. Likewise, the effect of the proposed rule on small shipments of bulk tritium should be minimal.
In all, the proposed amendments of the general licenses contained in Part 110 are expected to result in fewer than ten new export licenses per year.
Any small entity subject to this regulation which determines that, because of its size, it is likely to bear a disproportionate adverse economic 4
impact should notify the Commission.
10 Backfit Analysis The NRC has determined that a backfit analysis is not required for this proposed rule because these amendments do not include any provisions that would require backfits as defined in 10 CFR 50.109(a)(1).
List of Subjects in 10 CFR Part 110 Administrative practice and procedure, Classified information, Criminal penalties, Export, Import, Incorporation by reference, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements', Scientific equipment.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC is proposing to adopt the following amendments to 10 CFR Part 110.
PART 110 - EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL
- 1. The authority citation for Part 110 is revised to read as follows:
AUTHORITY: Secs. 51, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104, 109, Ill, 126, 127, 128, 129, 161, 181, 182, 183, 187, 189, 68 Stat. 929, 930,.931, 932, 933, 936, 937, 948, 953, 954, 955, 956, as amended (42 U.S.C. 2071, 2073, 2074,.2077, 2092-2095, 2111, 2112, 2133, 2134, 2139, 2139a, 2141, 2154-2158, 2201, 2231-2233, 2237, 2239); sec. 201, 88 Stat. 1242, as amended (42 U.S.C.
5841); sec. 5, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243).
11 Sections 110.l(b)(2) and 110.1(b)(3) also issued under Pub. L. 96-92, 93 i
Stat. 710 (22 U.S.C. 2403). Section 110.11 also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152) and secs. 54c and 57d., 88 Stat. 473, 475 (42 U.S.C. 2074). Section 110.27 also issued under sec. 309(a), Pub. L.99-440.
Section 110.50(b)(3) also issued under sec.123, 92 Stat.142 (42 U.S.C.
1 2153). Section 110.51 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 110.52 also issued under sec. 186, 68 Stat. 955 4
(42 U.S.C. 2236). Sections 110.80-110.113 also issued under 5 U.S.C. 552, 554. Sections 110.130-110.135 also issued under 5 U.S.C. 553.
6110.7 [ Amended]
2.
In 5110.7, second sentence, the reference to "f110.30", where it appears twice, and the reference to "$110.31" are revised to read "5110.31" and "f110.32".
[110.20 [ Amended)
- 3. In 5110.20, paragraph (a), the reference to "110.29" is revised to read "110.30" and the reference to "55110.30-110.31" is revised to read "66110.31-110.32", and in the first sentence of paragraph (f), the phrase "5fl10.21 through 110.26, 110.28, and 110.29" is revised to read "S9110.21 through 110.26, 110.28, 110.29, and 110.30".
- 4. In 5110.21, paragraphs (a)(3) and (b)(1) are revised and new paragraphs (a)(4) and (c) are added to read as follows:
5110.21 General license for the export of special nuclear material.
(a)
- 12 (3) Special nuclear material, other than plutonium-238, in sensing components in instruments, if no more than 3 grams of enriched uranium or 0.1 gram of plutonium or U-233 are contained in each sensing component.
(4) Plutonium-238 when contained in devices in quantities of less than 100 millicuries of alpha activity per device.
1 (b) *
(1) Special nuclear material, other than plutonium-238, in individual shipments of 0.001 effective kilograms or less (e.g.,1.0 gram of plutonium, U-233 or U-235, or 10 kilograms of 1 percent enriched uranium), not to exceed -
0.1 effective kilogram per year to any one country.
(c) A general license is issued to any person to export plutonium-238 to.
any country listed in 6110.30 in individual shipments of I gram or less, not to exceed 0.1 effective kilogram per year to any one country.
- 5. In 5110.22, paragraphs (a)(1), (2), (b), and (c) are revised and new paragraphs (a)(3), (4), and (d) are added to read as follows:
5110.22 General license for the export of source material.
(a) *
(1) Uranium or thorium, other than uranium-232, thorium-227, and thorium-228, in any substance in concentrations of less than 0.05 percent by weight.
(2) Thorium, other than thorium-228. in incandescent gas mantles or in-alloys in concentrations of 5 percent or less.
(3) Thorium-227 and thorium-228 when contained in devices in quantities of less than 100 millicuries of alpha activity per device.
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13 (4) Uranium-232 when contained in devices in quantities of less than 100 millicuries of alpha activity per device.
(b) A general license is issued to any person to export uranium or thorium, other than uranium-232, thorium-227, or thorium-228, in individual shipments of 10 kilograms or less to any country not listed in fl10.28 or 5110.29, not to exceed 1,000 kilograms per year to any one country or 500 kilograms per year to any one country when the uranium or thorium is of Canadian origin.
(c) A general license is issued to any person to export uranium or thorium, other than uranium-232, thorium-227, or thorium-228, in individual shipments of 1 kilogram or less to any country listed in 5110.29, not to exceed 100 kilograms per year to any one country.
(d) A general license is issued to any person to export uranium-232, thorium-227 and thorium-228 in individual shipments of 10 kilograms or less to any country listed in 5110.30, not to exceed 1,000 kilograms per year to any one country or 500 kilograms per year to any one country when the uranium or thorium is of Canadian origin.
- 6. Section 110.23 is revised to read as follows:
5110.23 General license for the export of byproduct material.
(a) A general license is issued to any person to export the following to any country not listed in 9110.28:
(1) All byproduct material (see Appendix F to this part), other than actinium-225, actinium-227, americium-241, americium-242m, californium-248, californium-249, californium-250, californium-251, californium-252, curium-242, curium-2/3, curium-244, curium-245, curium-247, neptunium-237, polonium-
I 14 208, polonium-209, polonium-210, radium-223, and tritium, unless authorized in the general licenses in paragraphs (a)(2) through (a)(10), (b), and (c) of 1
this section.
(2) Americium-241, except that exports exceeding one curie per shipment or 100 curies per year to any country listed in 5110.29 must be contained in industrial process control equipment or petroleum exploration equipment in quantities not to exceed 20 curies per device or 200 curies per year to any one country.
(3) Actinium-225 and actinium 227 when contained in devices in quantities of less than 100 millicuries of alpha activity per device.
(4) Californium-248. californium-250, and californium-252 when contained in devices in quantities of less than 100 millicuries of alpha activity per device.
l (5) Curium-242, curium-243, and curium-244 when contained in devices in quantities of less than 100 millicuries of alpha activity per device.
(6) Neptunium-237 in individual shipments of I gram or less, not to exceed 10 grams per year to any one country.
(7) Polonium-208 and polonium-209 when contained in devices in quantities of less than 100 millicuries of alpha activity per device.
(8) Polonium-210 when contained in devices in quantities of less than 100 millicuries of alpha activity per device, except that exports of polonium-210 when contained in static eliminators must not exceed 100 millicuries of alpha activity per eliminator or 100 curies per individual shipment.
(9) Tritium in any dispersed form (e.g., luminescent light sources, luminescent paint, accelerator targets, calibration standards, labeled
15 compounds) when in quantities of 10 curies or less per item, not to exceed 1,000 curies per shipment or 10,000 curies per year to any one country.
(10) Tritium in luminescent safety devices installed in aircraft when in quantities of 40 curies or less per light source.
(b) A general license is issued to any person to export to any country listed in 5110.30, actinium-225, actinium-227, californium-248, californium-250, californium-252, curium-242, curium-243, curium-244, polonium-208, polonium-209, polonium-210, and radium-223, except that polonium-210 when contained in static eliminators must not exceed 100 curies per individual shipment.
(c) A general license is issued to any person to export to any country listed in 5110.30, tritium in any dispersed form (e.g., luminescent light sources, luminescent paint, accelerator targets, calibration standards, labeled compounds) when in quantities of 40 curies or less per item, not to exceed 1,000 curies per shipment or 10,000 curies per year to any one country.
6110.26 [ Amended)
- 7. In fl10.26(a), the reference to " paragraphs (5) through (9) of Appendix A" is revised to read " paragraphs (5) through (10) of Appendix A".
9110.30 and 0110.31 [ Redesignated]
- 8. Sections 110.30 and 110.31 are redesignated as $110.31 and $110.32.
- 9. A new 6110.30 is added to read as follows:
5110.30 Countries that are Member States of the Nuclear Suppliers Group.
Australia Japan Austria Luxembourg s
16 Belgium Netherlands Bulgaria Norway Canada Poland Czech Republic Portugal Denmark Romania Finland Russia France Slovak Republic Germany Spain Greece Sweden Hungary Switzerland Ireland United Kingdom Italy 9110.31 [ Amended)
- 10. In fl10.31, in paragraph (d), the reference to "fl10.31" is revised to read "fl10.32".
fl10.42 [ Amended)
- 11. In 9110.42, in the second sentence of footnote 2, the reference to
" paragraphs (5) through (9) of Appendix A" is revised to read " paragraphs (5) through (10) of Appendix A".
- 12. Appendix A to Part 110 is revised to read as follows:
Appendix A to Part 110 - Illustrative List of Nuclear Reactor Equipment under NRC Export Licensing Authority.
(1) Reactor pressure vessels - metal vessels, as complete units or as major shop-fabricated parts therefor, specially designed or prepared to _
contain the core of a nuclear reactor and capable of withstanding the operating pressure of the primary coolant; (2) Reactor primary coolant pumps - pumps specially designed'or prepared for circulating the primary coolant in a nuclear reactor; s
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(3) On-line reactor fuel charging and discharging machines
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e manipulative equipment specially designed for inserting or removing fuel in 'a-nuclear reactor ' capable of on-load operation (CANDU. type);.
f (4) Complete reactor control rod system - rods: specially designed or-
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prepared for the control of the reaction rate in' a nuclear l reactor, including-the neutron absorbing part and the support or suspension structures therefor; (5) Reactor pressure tubes - tubes specially designed or prepared to:
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contain fuel elements and the primary coolant in a nuclear reactor at an operating pressure in excess of 50 atmospheres; (6) Zirconium tubes - zirconium metal and alloys in the' form of tubes.or j
assemblies of tubes specially designed or prepared for use.in a nuclear reactor; (7) Reactor internals - core support structures, control and rod guide-J tubes, thermal shields, baffles, core grid plates and diffuser plates specially designed or prepared for use in a. nuclear reactor; q
(8) Reactor control rods - exported' separately from.those described in-
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paragraph (4) of this appendix; (9). Reactor control rod drive mechanisms. including detection and,
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measuring equipment to determine l flux levels; and (10) Other specially designed or prepared items within or attached-l
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directly to the reactor vessel, the equipment which controls the level of power in the core, and the components which normally contain or'come in direct; contact with or control the primary coolant of the reactor core that are 3
especially relevant from the standpoint of export control, as determined by t
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the Commission,' except for items licensed by the Department of Commerce L j
pursuant-to 15 CFR Part 799.
.i Dated in Rockville, Maryland, this S
day'of'
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,, 1993.
For the' Nuclear Regulatory #
Commission.
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j fyesM.Taylp, ecutive Director for 0perations.-
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