ML20044C457

Final Rule 10CFR110, Export & Import of Nuclear Equipment & Matl Clarifying Amends, Amending Regulations Re Export & Import of Nuclear Equipment & Matl

ML20044C457
Person / Time
Issue date:	02/22/1993
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
References
FRN-58FR12999, RULE-PR-110 AD64-2, AD64-2-003, AD64-2-3, NUDOCS 9303230067
Download: ML20044C457 (31)

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NUCLEAR REGULATORY COMMISSION 10 CFR Part 110 RIN 3150 - AD64

-i Export and Import of Nuclear Equipment and Material; Clarifying Amendments i

AGENCY:

Nuclear Regulatory Comission.

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~ ACTION:

Final rule.

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SUMMARY

The. Nuclear Regulatory Comission (NRC) is amending its regulations pertaining to the export and import of' nuclear equipment and material. The revisions clarify the Commission's licensing requirements governing the export v

and import of nuclear equipment and material. The final rule makes NRC's

(

C regulations consistent with the physical security guidelines in IAEA g

INFCIRC/225, and conforms NRC's regulations for export and import to the

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ic Solar, Wind, Water, and Geothermal Power Production Ire.entives Act of 1990, j.

and U. S. Government foreign relations commitments and changing circumstances.

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1 3/5/13 EFFECTIVE DATE:. ~(Insert date of publication..in the Federal Register). The incorporation by reference of certain publications listed in the regulations S-'

is approved by the Director of the Federal Register as of fh'f 9303.t30067 930322

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2 FOR FURTHER INFORMATION CONTACT: Elaine 0. Hemby, Office of International Programs, Nuclear Regulatory Comission, Washington, DC 20555, telephone (301) 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 NRC is amending its regulations for the export and import of nuclear equipment and material in 10 CFR Part 110. Some sections are restructured and simplified to clarify the NRC's export and import licensing regulations. Some sections are amended to bring them into conformance with U.S. Government foreign relations comitments and changing circumstances, to make necessary editorial changes, and to provide additional information to aid exporters and importers. The following sumary of the changes, presented in the order in which they appear, include the reasons for the changes.

Section 110.1 is clarified and expanded to provide the exporter with a better understanding of th< scope of Part 110 and the jurisdictional lines between the NRL tnd the Department of Comerce. To correct inconsistent refercnces, the first sentence in 6110.1(a) is amended by adding the words "and $110.9" after "6110.8", as the sections that set out the nuclear equipment and material whose export is regulated by NRC, and by changing the reference "6110.9" to "5110.9a", as the section that sets out the regulations for the import of nuclear equipment and material.

Paragraph (b)(1) is amended by changing "65" to "64" to correct an erroneous reference to the Atomic Energy Act.

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3 In 5110.1, paragraph (b)(3) is redesignated as paragraph (b)(4) and amended by adding the sentence "A uranium enrichment facility is not a production facility."

In fl10.2, the definition of " production facility" is revised by adding ", other than a uranium enrichment facility," after the words "the separation of isotopes".

In fl10.9a, which covers nuclear i

equipment and material under NRC import licensing authority, paragraph (e),

' Uranium enrichment facilities", is removed. Thus, the import of a uranium enrichment facility into the United States will not require an NRC license.

This conforms NRC's import licensing regulations under Part 110 to the " Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990", P.L.

101-575, signed by the President on November 15, 1990.

Section 5 of that law amends the Atomic Energy Act to remove a uranium enrichment facility from the definition of a " production facility" for the purposes of chapter 10, " Atomic Energy Licenses," and chapter 16, " Judicial Review and Administrative Procedure" of the Act, except with respect to the exoort of a uranium enrichment facility.

i Footnote 1 in paragraph Il0.l(b)(2) is removed and incorporated in the text as paragraph (b)(3).

In 6110.2, definitions of " nuclear referral list" and " individual shipment" are added. Also, the definition of " export" is revised to clarify its meaning. After consultation with the Executive Branch, the NRC concluded that it would be appropriate to modify the definition of a utilization facility by changing the term " control rods" to " complete reactor control rod system" as one of the major components constituting a utilization facility.

The purpose of the change is to reflect more clearly the requirements of the Atomic Energy Act.

Exports of individual control rods are more appropriately m

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treated as exports of nuclear components under section 109b of the Atomic Energy Act of 1954, as amended, rather than exports of utilization facilities.

1 Editorial changes also are made in the

• utilization facility" definition. The I

reference to the Topaz 11 reactor system in the definition of a utilization facility is deleted because it is no longer necessary, as is the reference to I

the definition of utilization facility in fl10.5.

Section 110.4 is clarified and updated to reflect organizational changes within the NRC and current addressees for NRC contacts.

Section 110.6 is updated to reflect the current addressee for the Department of Energy contact.

Section 110.7, covering information collection requirements, is amended to include 6110.20 because the section contains an information collection requirement.

The list of nuclear equipment under the NRC export licensing authority in 6110.8 is restructured for clarity.

For technical clarity, plants for the separation of the isotopes of lithium and lithium processing equipment are removed from paragraph (b), which covers plants for the separation of the isotopes of source material or special nuclear material, because the two technologies are different. A new paragraph is added to cover plants for the separation of the isotopes of lithium and lithium processing equipment. A new paragraph also is added to alert an exporter that some nuclear-related commodities are under the licensing authority of the Department of Commerce.

Subpart C, regarding general licenses, and subpart D, regarding specific

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licenses, ha*>e been combined for clarification and to emphasize the distinction between general and specific licenses. The introductory titles of subparts C and D are incorporated. A new E110.19 is added to explain the distinction between general and specific licenses. Section 110.20 is

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clarified and restructured, and the section headings for 65110.21-110.27, covering general licenses, are revised for clarification. Section 110.25, concerning the export of graphite under general license, is amended to alert the exporter that some exports of graphite are under the licensing authority of the Department of Commerce. Section 110.26(a) is amended to permit a person to export under general license nuclear reactor components in semifabricated form to any country listed in 5110.26(a) for the purpose of undergoing final fabrication or repair for subsequent return to the United States for use in United States reactors. For simplification, footnote 2 in 5110.26(a) is removed and the countries listed in footnote 2 are added to the countries listed in 5110.26(a). Portugal, which is now a EURATOM member, is added to the list of countries in fl10.26(a). Section 110.27(c) is amended to direct the exporter to the definition of the term " formula quantities of strategic special nuclear material."

The list of embargoed destinations in 6110.28 is amended to indicate that Kampuchea is now known as Cambodia and to add Iran, Iraq and Libya.

Iran, Iraq and Libya are removed from the restricted destination list in -

f110.29.

Albania, Bahrain, Kuwait, Malawi, Mozambique, Qatar, Saudi Arabia, South Africa, Tanzania, Zambia, and Zimbabwe are' deleted from the list of restricted destinations in 6110.29 because these countries are adherents to t'he Non-Proliferation Treaty (NPT).

A new footnote is added to $110.29 to indicate that Argentina and Brazil will be removed from the restricted destination list following implementation of the Argentina / Brazil /1AEA full scope safeguards agreement.

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6 Because subparts C and D are combined under a revised subpart C, the heading of subpart D is removed, and the headings of subparts E, F, G, H,1, J, K, and L are redesignated.

In fl10.30, the section heading is revised for clarity and a new paragraph is added to indicate that a fee is assessed under 10 CFR Part 170 for filing an application with the NRC for a specific license for export or import. The fee was added to 10 CFR Part 170 in an earlier rulemaking (56 FR 31472; July 10, 1991). The July 10, 1991 final rule implements the Omnibus-Budget Reconciliation Act of 1990 (Public Law 101-508), which was signed into law on November 5, 1990. The Act mandates that the NRC recover approximately 100 percent of its budget autWrity in Fiscal Year 1991 (FY91) and the next four years (FY1992-1995) by assessing fees for licensing services requested by applicants and through annual fees on licenses. There is no annual fee for a general or specific export or import license.

In 5110.31, the section heading is changed for clarification.

The NRC has reviewed its processing of nuclear export license applications under the Atomic Energy Act of 1954, as amended, and has determined that certain classes of export license applications _ do not raise issues which require review by the Commissioners. Therefore, paragraphs 110.40(b)(3) and (b)(4) are amended to delegate additional authority to the NRC staff to act upon certain classes of applications without prior consultation with the Comissioners. Under the amended paragraphs, the Comissioners will no longer review a license application for an export to Canada involving heavy water or for the export to EURATOM or Japan of source-material or low-enriched uranium for enrichment up to 5 percent in the isotope.

uranium-235. The Executive Branch has also determined that these classes of

7 export license applications do not raise issues which require review by the Executive Branch. Therefore, paragraphs 110.41(a)(3) and (a)(5).are amended to indicate that the NRC staff will act upon these classes of applications without prior consultation with the Executive Branch. Section 110.40(a),

which states that the Commission will start the review of a license application immediately after receipt, is amended to add a phrase " pursuant to the regulations in this part" indicating that the required license application fee must be received before review of the application begins.

In 5110.42(a), footnote 3 is redesignated as footnote 2 and is revised to clarify those items under the licensing jurisdiction of the NRC, including the reference to " control rods" which is changed to " complete reactor control rod system", as one of the major components constituting a utilization facility.

Section 110.43 concerning physical' security standards is amended for clarification and simplification and to incorporate the update and recommendations contained in the IAEA document INFCIRC/225/Rev.2, December 1989.

In 5110.50, the name of the NRC contact referenced in paragraph (b)(3) is updated to reflect organizational changes.

In 5110.70, the NRC contact and address, concerning obtaining periodic lists of applications received, are updated in peragraph (c).

In Appendix A, paragraph (3) is amended by changing the words " reactor control rods" to " complete reactor control rod system" and by adding the phrase ", including the neutron absorbing part and the support or suspension structures therefor;" after the words " reaction rate in a nuclear reactor".

8 This is being done to be consistent with the revised definition of

" utilization facility".

Corrections are made to Appendix B, which covers gas centrifuge enrichment plant components under NRC's export licensing authority, and Appendix 0, which covers reprocessing plant components under NRC's export licensing authority.

Appendix E is redesignated as Appendix G, and a new Appendix E is added for clarification of the coverage of specially designed or prepared equipment for use in a plant for the production of heavy water, deuterium, and deuterium compounds, which are subject to NRC's licensing regulations under 10 CFR 110.8. This action will conform NRC's licensing regulations to the export control guidelines of the international Nuclear Exporters Group (the Zangger Committee), in which the United States participates. The list in Appendix E is intended to clarify administration of export controls over those items.

A new Appendix F is added that lists the byproduct materials under the r

licensing jurisdiction of the NRC. This is being done to assist exporters, importers, and customs officials in determining whether a particular isotope is under the licensing authority of the NRC.

Because this rulemaking involves a foreign affairs function of the United States, the prior notice and comment provisions of the Administrative Procedure Act do not apply, pursuant to 5 U.S.C. 553(a)(1), and good cause exists to make the amendments effective upon publication in the Federal Register, pursuant to 5 U.S.C. 553(d) of that Act.

Environmental Impact: Categorical Exclusion

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i The NRC has determined that this final. rule is-the type of. action-l described as a categorical exclusion under 10 CFR 51.22(c)(1)..Therefore,-

j neither' an environmental impact statement nor an environmental assessment has l

been prepared for this final rule.

r Paperwork Reduction Act Statement r

l This final rule does not contain a new or amended information collection r

requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).

Existing requirements were approved by the Office of Management and Budget, approval numbers 3150-0036 and 3150-0027.

Regulatory Analysis The Commission has considered alternatives to as well ~ as the costs' and benefits of the final rule. There is no alternative. to amending.the l

regulations for the export. and import of nuclear equipment.and materials. The.

l final ~ rule would not result in any. increase:or cost.toLthe public and is~

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intended to clarify the current regulations to assist ' exporters, importers,,

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and customs officials and to encourage the expanded use of general 'licences._

f The foregoing constitutes the regulatory analysis for this final rule.

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Regulatory Flexibility Certification As required by the Regulatory' Flexibility Act (5 U.S.C. 605(b)),lthe '

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-i Commission ' certifies'that this final rule does not have a significant economic" i

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10 impact on a substantial number of small entities. The effect of the final rule will be to clarify Part 110 to encourage expanded use of general licenses and to provide greater understanding of other provisions. This action will assist licensees and applicants in understanding and complying with the licensing procedures in Part 110 without increasing the economic impact on licensees and applicants.

Backfit Analysis The NRC has determined that the backfit rule,10 CFR 50.109, does not apply to this final rule b'ecause 10 CFR Part 110 applies only to export and import of nuclear facilities, materials, and equipment. Therefore, a backfit analysis is not required for this final rule.

List of Subjects in 10 CFR Part 110 Administrative practice and procedure, Classified information, Criminal penalty, 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. 552 and 553, the NRC has adopted the following amendments to 10 CFR Part 110.

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11 PART 110 - EXPORT AND IMPORT OF HUCLEAR EQUIPMENT AND MATERIAL 1.

The authority citation for Part 110 is revised to read:

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).

Sections 110.1(b)(2) and 110.1(b)(3) also issued under Pub. L. 96-92, 93 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.

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 (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.

2. In fl10.1, paragraphs (a), (b)(1), (2), and (3) are revised and paragraph (b)(4) is added to read as follows:

5110.1 Purpose and scope.

(a) The regulations in this part prescribe licensing, enforcement, and rulemaking procedures and criteria, under the Atomic Energy Act, for th'e export of nuclear equipment and material, as set out in fl10.8 and 9110.9, and the import of nuclear equipment and material,- as set out in fl10.9a. This part also gives notice to all persons who knowingly provide to any licensee,

12 contractor, or subcontractor, components, equipment, materials, or other goods 4

or-services, that relate to a licensee's activities subject to this part, that they may be individually subject to NRC enforcement action for violation of

$110.7b.

(b) *

(1) The Departments of Defense and Energy for activities authorized by sections 54, 64, 82, and 91 of the Atomic Energy Act, except when the Department of Energy seeks an export license under section 111 of the Atomic Energy Act; (2) Persons who export uranium depleted in the isotope 235 and incorporated in defense articles or comodities solely to take advantage of high density or pyrophoric characteristics. These persons are subject to the controls of the Department of State and the Department of Commerce under the Arms Export Control Act and the Export Administration Act, as authorized by.

section 110 of the International Security and Development Cooperation Act of 1980; (3) Persons who export nuclear referral list commodities subject to the licensing authority of the Department of Commerce pursuant to 15 CFR Part 799, such as bulk zirconium, plants for the conversion of uranium hexafluoride, rotor and bellows equipment, maraging steel, nuclear reactor related equipment, including process control systems and simulators; and (4) Persons who import deuterium, nuclear grade graphite, or nuclear equipment other than production or utilization facilities. A uranium enrichment facility is not a production facility.

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3. In 1110.2, definitions for individual shioment and Nuclear referral c

list are added, and the definitions for Export, Production facility, and Utilization facility are revised to read as follows:

5110.2 Definitions.

Excort means to physically transfer nuclear equipment or' material to.a person or an international organization in a foreign country, except DOE distributions as authorized in Section 111 of the Atomic Energy Act or Section 110 of the International Security and Development Cooperation Act of 1980.

Individual shioment means a shipment consisting of one lot _ of freight tendered to a carrier by one consignor at one place at one time' for delivery to one consignee on one bill of lading. This lot may consist of (1) only one item or- (2) a number of containers all listed on the same set of shipping -

documents. This one lot of freight or " distinct" shipment.can be transported on the same carrier with other distinct shipments containing the same items as long as each shipnent is covered by separate sets of shipping documents.

Nuclear Referral List (NRL) means the nuclear-related, dual-use 1!

commodities on the Commerce Control List that are subject to the nuclear non-proliferation export licensing coatrols of the Department of Commerce. They i

are contained in Supplement No. I to 15 CFR Part 799 of the Department of Commerce's Export Administration Regulations and are-designated by the symbol (NP) as the reason for control.

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Production facility means any nuclear reactor or plant specially designed or used to produce special nuclear material through the-irradiation.

of source material or spec'ial nuclear material, the chemical reprocessing of

.l irradiated source or special nuclear material, or the separation of isotopes, other than a uranium enrichment facility.

Utilization facility means (1) any nuclear reactor, other than one that is a production facility and (2) any of the following major components of a 1

nuclear reactor:

(1) Reactor pressure vessel (designed to contain the core of a nuclear reactor);

(ii) Reactor primary coolant pump; (iii) "On-line" reactor fuel charging and discharging machine; and (iv) Complete reactor control rod system.

(3) A utilization facility does not include the steam turbine generator portion of a nuclear power plant.

4. Section 110.4 is revised to read as follows:

5110.4 Communications.

Except where otherwise specified in this part, all communications and reports concerning the regulations in this part should be addressed to the Assistant Director for Exports, Security, and Safety Cooperation, Office of International Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 504-2344. Communications and reports may be delivered in person at the Commission's offices at 11555 Rockville Pike, Rockville, Maryland 20852 or at 2120 L Street NW. (Lower Level), Washington, DC 20037.

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15 f110.5 [ Amended]

5. In 9110.5, remove the words "and the definition of utilization faciitty in 6110.2 of this part".

i f110.6 [ Amended]

6. In 5110.6, paragraph (b), the phrase " Office of International Nuclear and Non-Proliferation Policy" is revised to read " Office of Arms Control and Nonproliferation Technology Support".

f110.7 [ Amended]

7. In E110.7 second sentence, add "110.20," between "ff" and "110.26".

8. Section 110.8 is revised to read as follows:

6110.8 List of nuclear facilities and equipment under_ NRC export-licensing authority.

(a) Nuclear reactors and specially designed or prepared equipment and components for nuclear reactors. (See Appendir A to this part).

(b) Plants for the separation of the isotopes _of uranium (source material or special nuclear material) including gas centrifuge plants, gaseous diffusion plants, jet nozzle plants, vortex plants, laser isotope separation plants, chemical separation plants, and specially designed or prepared assemblies and components for these plants.

(See Appendix B to this part for gas centrifuge equipment and Appendix C to this part for gaseous diffusion equipment).

16 (c) Plants for the separation of the isotopes of lithium and specially i

designed or prepared assemblies and components for these plants.

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(d) Plants for the reprocessing of irradiated nuclear reactor fuel I

elements and specially designed or prepared assemblies and components for these plants.

(See Appendix D to this part).

(e) Plants for the fabrication of nuclear reactor fuel elements and specially designed or prepared assemblies and components for these plants..

1 (f) Plants for the production, separation, or purification of heavy water, deuterium, and deuterium compounds and specially designed or prepared assemblies and components for these plants.

(See Appendix E to this part)..

(g) Other nuclear-related commodities are under the export licensing authority of the Department of Commerce.

(See 15 CFR Part 799).

l 6110.9a [ Amended)

9. In (110.9a, remove paragraph (e) " Uranium enrichment facilities."

1110.10 [ Amended)

10. In 6110.10 paragraph (b), the reference to Subpart "L" is revised to read Subpart "K".

11. The heading of Subpart C is revised to read as follows:

Subpart C-Licenses

12. A new f110.19 is added to Subpart C to read as follows:

6110.19 Types of licenses.

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Licenses for the export and import.of nuclear equipment and material in j

this part consist of two types: General and Specific. A general license is a

effective without the filing of an application with the Commission or the issuance of licensing documents to a particular person. A specific license is issued to a named person upon application filed pursuant to the regulations in l

this part.

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13. In 9110.20, the section heading and paragraphs (a), (b), and (e) are revised and a new paragraph (f) is added to read as follows:

l 5110.20 General license information.

P (a) A person may use an NRC general license as the authority to export or import nuclear equipment or material if the equipment or material to be exported or imported is covered by the NRC general licenses described in 55110.21-110.29.

If an export is not covered by these sections, a person must r

file an application with the Commission for a specific NRC license in accordance with 55110.30-110.31.

(b) In response to a pet. tion or on its own initiative, the Commission may issue a general license for export or import if it' determines that any exports or imports made under the general license will not be inimical to the common defense and security or constitute an unreasonable risk to the public health and safety and otherwise meet applicable statutory requirements. A general license is issued as a regulation after a rulemaking proceeding under Subpart K.

Issuance of a general license is coordinated with the Executive Branch.

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-(e) A person who uses an NRC general license as the authority to export or import may cite on the shipping documents the section of this.part which authorizes the described export or import under general license, as a means of expediting U.S. Customs Service's processing of the shipment.

(f) As specified in Es110.21 through 110.26, 110.28, and 110.29, only certain countries are eligible recipients of equipment or material-under NRC general licenses to export. The Comission will closely monitor these countries and may at any time remove a country from a general license in response to significant adverse developments in the country involved. A key factor in this regard is the nonproliferation credentials of the importing country.

14. In E110.21, the section heading is revised to read as follows:

9110.21 General license for the export of special nuclear material.

15. In 9110.22, the section heading is revised to read as follows:

5110.22 General license for the export of source material.

16. In 6110.23, the sectinn heading is revised to read as follows:

5110.23 General license for the export of byproduct material.

17. In 5110.24, the section heading is revised to read as follows:

6110.24 General license for the export of deuterium.

18. In 5110.25, the section heading and paragraph (b) are revised to read as follows:

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.5110.25' General license for the export of nuclear grade graphite.

(b) Unless licensed by the Department of Commerce, a general license is -

issued to any person to export nuclear grade graphite in fabricated,

.g nonnuclear-related commercial products to any country.not. listed in 1110.28, i

except that graphite electrodes weighing more-than 1 kilogram per electrode j

may not be exported to any-country listed in 6110.29 under this general j

license.

(Fabricated products are products in final manufactured-form except

[q for detailed machining and other final steps necessary for the ' intended end i

use of the product.)

19. In (110.26, the section heading and paragraph (a) are revised to j

read as follows:

t 1110.26 General license for the export of nuclear reactor components.

(a) A general license is issued to any person to export to the following

' countries any nuclear reactor component described _in paragraphs (5) through.

(9) of Appendix A to this part if--

(1) The component will be used in a light or heavy water-moderated p'ower or research reactor in those countries, or 1

(2) The component is' in'semifabricated form and will be undergoing final-l 1

fabrication ~or repair in those countries for. subsequent return to the United.

t States for use in a nuclear power or research reactor in the United States:

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Belgium Creece Luxembourg Spain' i

Canada Indonesia Netherlands Sweden

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Denmark Ireland Philippines Switzerland 1

France Italy Portugal Taiwan j

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Germany Japan South Korea United Kingdom i

20. In 5110.27, the section heading and paragraph (c) are revised to read as follows:

5110.27 General license for imports.

(c) A person importing formula quantities _of strategic special nuclear material (as defined in 573.2 of this chapter) under this general license

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shall provide advance notification of the imports as specified in 573.27 and

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673.72 of this chapter.

21. Section 110.28 is revised to read as follows:

s110.28 Embargoed destinations.

Cambodia, Cuba, Iran, Iraq, Libya, North Korea, Vietnam.

22. Section 110.29 is revised to read as follows:

i 6110.29 Restricted destinations.

Afghanistan India Algeria-Israel Andorra Mauritania Angola Niger Argentina' Oman Brazil' Pakistan Burma (Myanmar)

St. Kitts Chile Syria Comoros United Arab Emirates

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Djibouti Vanuatu Guyana Yemen Arab Republic i

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' Argentina and Brazil will be removed from the list of restricted destinations following implementation of the Argentina / Brazil /IAEA full-scope safeguards agreement.

23. Section 110.30 to Subpart 0 is redesignated as $110.30 to Subpart C and revised to read as follows:

5110.30 Application for a Specific License.

(a) A person shall file an application for a specific license to export or import with the Assistant Director for Exports, Security, and Safety Cooperation, Office of International Programs, U.S. Nuclear Regulatory Comission, Washington, DC 20555. The application may be delivered to the Comission's offices at 11555 Rockville Pike, Rockville, Maryland 20852 or at l

2120 L Street, NW. (Lower Level), Washington, DC 20037.

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(b) An application for a specific license to export or import must be accompanied by the appropr.iate fee in accordance with the fee schedule in l

l s170.21 and 1170.31 of this chapter. A license application will not be processed unless the specified fee is received.

l (c) A license application should be filed on NRC Form 7, except that an i

import license application and a production or utilization facility export license application should be filed by letter.

(d) Each person shall provide in the license application, as appropriate, the information specified in 5110.31. The Comission also may require the submission of additional information if necessary to complete its review.

(e) An application may cover multiple shipments and destinations.

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22 (f) The applicant shall withdraw an application when it is no longer needed. The Commission's official files retain all documents related to a withdrawn application.

24. Section 110.31 to Subpart D is redesignated as 5110.31 to Subpart C i

and the section heading is revised to read as follows:

5110.31 Information Required in an Application for a Specific License.

i Subpart D - [ Removed)

25. Subpart D is removed.

Subparts E, F, G, H, I, J, K, and L - [ Redesignated)

26. Subparts E, F, G, H, I, J, K, and L are redesignated as Subparts D, E, F, G, H, I, J, and K respectively.

27. In 5110.40, paragraphs (a), (b)(3), and (b)(4) are revised to read as follows:

5110.40 Commission review.

(a) Inmediately after receipt of a license application filed under the regulations in this part, the Commission will initiate its licensing review and, to the maximum extent feasible, will expeditiously process the application concurrently with review by the Executive Branch.

(b) *

(3) 1,000 kilograms or more of nuclear. grade graphite or deuterium oxide (heavy water), other than exports of heavy water to Canada.

h 23 f

(4) An export involving assistance to end uses related to isotope j

separation, chemical reprocessing, heavy water production, advanced reactors,-

l or the fabrication of nuclear fuel containing plutonium, except for exports of i

source material or low-enriched uranium to EURATOM or Japan for enrichment up to 5 percent in the isotope uranium-235, and those categories of exports which the Commission has approved in advance as constituting permitted incidental assistance.

i

28. In 9110.41, the. introductory text of paragraph (a) and paragraphs (a)(3) and (a)(5) are revised to read as follows:

'{

5110.41 Executive Branch review.

l (a) An application for a license to export the following will be promptly forwarded to the Executive Branch for review:

i (3) Nuclear grade graphite, more than 100 curies of tritium, and deuterium oxide (heavy water), other than exports of heavy water to Canada.

i l

(5) An export involving assistance to end uses related to isotope separation, chemical reprocessing, heavy water production, advanced reactors, i

or the fabrication of nuclear fuel contJning plutonium, except for exports of source material or low-enriched uranium to EURATOM and Japan for enrichment up to 5 percent in the isotope uranium-235, and those categories of exports approved in advance by the Executive Branch as constituting permit;ed i

incidental assistance.

k k

h i

k 24 29.-In 5110.42, footnote 3 is redesignated as footnote 2 and the text of the footnote is revised to read as follows:

5110.42 Export licens'ng criteria.

• Exports of nuclear reactors, reactor pressure vessels, reactor primary coolant pumps, "on-line" reactor fuel charging and discharging machines, and complete reactor control rod systems, as specified in paragraphs (1) through (4) of Appendix A to this part, are subject to the export licensing criteria in 5110.42(a).

Exports of nuclear reactor components, as specified in paragraphs (5) through (9) of Appendix A to this part, when exported separately from the items described in paragraphs (1) through (4) of Appendix A, are subject to the export licensing criteria in 5110.42(b).

30. Section 110.43 is revised to read as follows:

5110.43 Physical security standards.

(a) Physical security measures in recipient countries must provide l

protection at least comparable to the recommendations in the current version f

of IAEA publication INFCIRC/225/Rev.2, December 1989, "The Physical Protection of Nuclear Material," and is incorporated by reference in this part. This j

incorporation by reference was approved by the Director of the Federal t

Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Notice of any changes made to the material incorporated by reference will be published in i

the rederal Register. Copies of INFCIRC/225/Rev.2 may be obtained from the Assistant Director for Exports, Security, and Safety Cooperation, Office of International Programs, U.S. Nuclear Regulatory Commission, Washington, DC l

20555, and are available for inspection at the NRC library, 7920 Norfolk i

25 Avenue, Bethesda, Maryland 20814. A copy is on file at the library of the l

Office of. the Federal Register.

l (b) Commission determinations on the adequacy of physical security measures are based or--

(1) Receipt of written assurances from recipient countries that physical security measures providing protection at least comparable to the recommendations set forth in INFCIRC/225/Rev.2 will be maintained; and (2) Information obtained through country visits, information exchanges,.

or other sources.

Determinations are made on a country-wide basis and are subject to continuing review. Appendix G to this part describes the different categories of nuclear material to which physical security measures are applied.

5110.50 [ Amended)

31. In fl10.50(b)(3), " Assistant Director for International Security" which appears in the first, second, and third sentences is revised to read

" Assistant Director for Exports, Security, and Safety Cooperation".

6110.70 [ Amended)

32. In 5110.70 paragraph (c), " Assistant Director for International Security, Office of Government and Public Affairs," is revised to read "the Public Document Room,".

Appendix A to Part 110 [ Amended]

l

33. In Appendix A to Part 110, paragraph (3) is revised to read as-follows:

l k

26 Appendix A to Part 110 - Illustrative List of Nuclear Reactor Equipment Under NRC Export Licensing Authority (3) Complete reactor control rod system, i.e., rods specially designed or prepared for the control of the reaction rate in a nuclear reactor, including the neutron absorbing part and the support or suspension structures therefor; Appendix B to Part 110 [ Amended]

34. In the title of Appendix B to Part 110, the word " Illustrative" is added before the word " List".

In section 1, in sentence four of paragraph 1.2(a), the number "1.6.1" is revised to read "1.6:l" and in sentence five, the phrase "or a remanence of 98.5 percent or more," is added after the phrase "0.15 Henry / meter (120,000 in CGS units) or more,".

In section 2, paragraph f

(a)1, "100 Kg/m2 (15 lb/in.2)" is revised to read "100 kN/m3 (15 psi) and at a 2

rate of 1 kg/h or more." and in paragraph (a)2 "3 kg/m " is revised to read "3 2

kN/m.,

I Appendix 0 to Fart 110 [ Amended)

35. In Appendix D to Part 110, in sentence one of paragraph (3),

" contractors" is revised to read "contactors".

36. Appendix E to Part 110 is redesignated as Appendix G to Part 110 and a new Appendix E to Part 110 is added to read as follows:

{

i

t 27 Appendix E to Part 110 - Illustrative list of equipment and components under

^

NRC export licensing authority for use in a plant for the production of heavy water, deuterium and deuterium compounds.

Eq13 - Heavy water can be produced by a variety of processes. However, two processes have proven to be commercially viable: the water-hydrogen sulphide exchange process (GS process) and the ammonia-hydrogen exchange process.

A. The water-hydrogen sulphide exchange process (GS process) is based upon the exchange of hydrogen and deuterium between water and hydrogen sulphide within a series of towers which are operated with the top section I

cold and the bottom section hot. Water flows down the towers while the hydrogen sulphide gas circulates from the bottom to the top of the towers. A series of perforated trays are used to promote mixing between the gas and the water. Deuterium migrates to the water at low temperatures and to the hydrogen sulphide at high temperatures. Gas or water, enriched _in deuterium, is removed from the first stage towers at the junction of the hot and cold sections and the process is repeated in subsequent stage towers. The product of the last stage, water enriched up to 30 percent in deuterium, is sent to a

-distillation unit to produce reactor grade heavy water; i.e., 99.75 percent deuterium oxide.

B. The ammonia-hydrogen exchange process can extract deuterium from synthesis gas through contact with liquid amonia in the presence of a catalyst. The systhesis gas is fed into exchange towers and then to an ammonia converter.

Inside the towers the gas flows from the bottom to the top while the liquid ammonia flows from the top to the bottom. The deuterium is stripped from the hydrogen in the systhesis gas and concentrated in the i

4

h 28 ammonia. The ammonia then flows into an ammonia cracker at the bottom of the tower while the gas flows into an ammonia converter at the top..Further l

enrichment takes place in subsequent stages and reactor-grade heavy water is l

produced through final distillation. The synthesis gas feed can be provided by an ammonia plant that can be constructed in association with a heavy water

&ma.cnia-hydrogen exchange ' plant. The ammonia-hydrogen exchange process can also use ordinary water as a feed source of deuterium.

C.I.

Much of the key equipment for heavy water production plants using either the water-hydrogen sulphide exchange process (GS process) or the ammonia-hydrogen exchange process are common to several segments of the chemical and petroleum industries; particularly in small plants using the GS P

process. However, few items are available "off-the-shelf." Both processes require the handling of large quantities of flammable, corrosive and toxic fluids at elevated pressures. Thus, in establishing the design and operating standards for plants and equipment usir.g these processes, careful attention to materials selection and specifications is required to ensure long service life with high safety and reliability factors. The choice is primarily a function of economics and need. Most equipment, therefore, is prepared to customer requirements.

In both processes, equipment which individually is not especially designed or prepared for heavy water production can be assembled into especially designed or prepared systems for producing heavy water.

Examples of such systems are the catalyst production system used in'the ammonia-hydrogen exchange process and the water distillation systems used for the final concentration of he",vy water to reactor-grade in either process.

1 1

v i

29 C.2. Eq. :pment especially designed or prepared for the production of heavy water utilizing either the water-hydrogen sulphide exchange process or the ammonia-hydrogen exchange process:

(1) Water-hydrogen Sulphide Exchange Towers Exchange towers fabricated from carbon steel (such as ASTM A516) with diameters of 6 m (20 ft) to 9 m (30 ft), capable of operating at pressures

.. greater than or equal to 2 MPa (300 psi) and with a corrosion allowance of 6mm or greater.

j (ii) Blowers and Compressors Single stage, low head (i.e., 0.2 MPa or 30 psi) centrifugal blowers or:

{

compressors for hydrogen-sulphide gas circulation (i.e., gas containing more than 70 percent H S). The blowers or compressors have a throughput capacity 2

3 greater than or equal to 56 m /second (120,000 SCFM) while operating.at pressures greater than or equal to 1.8 MPa (260 psi) suction and have seals designed for wet H S service.

l z

(iii) Ammonia-Hydrogen Exchange Towers Ammonia-hydrogen exchang towers greater than or equal to 35 m (114.3 ft).

in height with diameters of 1.5 m (4.9 ft) to 2.5 m (8.2 ft) capable of operating at pressures greater than 15 MPa (2225 psi). The towers have at least one flanged, axial opening of the same diameter as the cylindrical part j

through which the tower internals can be inserted or withdrawn.

l (iv) Tower Interaals and Stage Pumps used in the ammonia-hydrogen-j exchange process.

i Tower internals include.especially designed stage contactors which promote intimate gas / liquid contact. Stage pumps include especially designed' l

a l

l,..

-,,r

I j

30 submersible pumps for circulation of liquid ammonia within a contacting stage internal to the stage towe'rs.

j i

(v) Ammonia Crackers utilizing the ammonia-hydrogen exchange process.

q Ammonia crackers with operating pressures greater than or equal to 3 MPa (450 psi).

I (vi) Infrared Absorption Analyzers i

Infrared absorption analyzers capable of "on-line" hydrogen / deuterium l

ratio analysis where deuterium concentrations are equal to or greater than 90 f

i percent.

i (vii) Catalytic Burners used in the anrnonia-hydrogen exchange process.

I Catalytic burners for the conversion of enriched deuterium gas-into heavy i

water.

37. A new Appendix F to Part 110 is added to read as follows:

i Appendix F to Part 110 - Illustrative List of Byproduct Materials Under NRC '

i Export / Import Licensing Authority Actinfun 225 (Ac 225)

Cetifornium 248 (Cf 248)

Curlum 247 (Ca 247)

Actinium 227 (Ac 227)

Californium 249 (cf 249).

Dysprosium 165 (Dy 165)-

Actinium 228 (Ac 22E)

Californium 250 (Cf 250)

Dysprosium 166 (Dy 166)

-i Americius 241 (As 241).

Californium 251 (Cf 251)-

Erbium 169 (Er 169) i Americium 242m (An 242m)

Californium 252 (Cf 252)

- Erbiun 171 (Er.171)

I Americium 242 (As 242)

Carbon 14 (C 14)

Europlun 152 (Eu 152)-

't Americium 243 (As 243)

Cerium 141 (Ce 141)

Europium 152 9.2 h Antimony 124 (sb 124)

Cerium 143 (Ce 143)

(Eu 152 9.2 h) :

Antimony 125 (sb 125)

Cerium 144 (ce 144)

Eurcelun 15213 yr -

Antimony 126 (sb 126)

Cesium 131 (Cs 131)

_ (Eu 15213 yr).

Arsenic 73 (As 73)

Cesium 134m (Cs 134m)

Europium 154 (Eu 154)

Arsenic 74 (As 74)

Cesium 134 (Cs 134)

Europius 155 (Eu 155)

Arsenic 76 (As 76)

Cesium 135 (Cs 135).

Fluorine 18 (F 18)-

l Arsenic 77 (As TT)

Cesium 136 (Cs 136)

Gadolintun 153 (Gd 153)-

Barium 131 (sa 131)

Cesium 137 (Cs 137)

Gadolinium 159 (Gd 159)

Barium 133 (Be 133) chlorine 36 (Ct 36)

Gattium 72 (Ga 72)

Berlun 140 (se 140) chlorine 38 (Ct 38)

. Genannium 68 (Ge 68)

-Bismuth 207 (81 207)

Chromium 51 (Cr 51)

Gennanium 71 (ce 71)-

Biemuth 210 (ei 210)

- Cabeit 5em (Co Sam) '

Gold 198 (Au 198).

Bromine 82 (er 82) -.

-Cobett 58 (Co 58)

Gold 199 (Au 199)

Cadalus 109 (Cd 109)

Cobalt 60 (Co 60)

Nafni a 172 (Hf 172)

Cadmium 113 (Cd 113)

Copper 64 (Cu 64)

Nefnium 181 (Mi 181)

Cadmius 115e (Cd 115m)

Curium 242 (Cm 242)

Holmium 166m (No 166m) :

t Cadalun 115 (Cd 115)

Curium 243 (Cm 243) '

Notalun 166 (no 166) -

Calcium 45 (ca 45)--

Curlan 244 (Cm 244)

Nydrogen 3 (H 3)

Catclun 47 (Cs 47)

Curfun 245 (ca 249) '

Indius 113e (In 113m) -

i v

v

h t

31 Indium 114e (In'116e)

~ Phosphorus 33 (P 33)

Tentelun 182 (Te 182)

Indlun 115e (In it$a)

Platinus 191 (Pt 191)

Technettun 96 (Tc 96) '

)

Indlun 115 (in 115)

Platinum 193m (Pt 193m)

.Technettun 9 h (Tc 97m>

Iodine 125 (I 125)

Platinum 193 (Pt 193)-

. Technetium 97 (Tc 97).

i Iodine 126 (1 126)

Plotinum 19h (Pt 19h).

-Technetium 99m (Tc 99m)

+

lodine 129 (1 129)

Plotine 197 (Pt 197)

Technetium 99. (Tc 99)-

lodine 131 (I 131)

Polonium 208 (Pe 206)

-Tetturius 125m (Te 125e) lodine 132 (I 132)

Pelenium 209 (Pe 209)

Tetturium 12h (Te 12h)K

- Iodine 133 (I 133)

Polonium 210 (Po 210)

Tetturlun 127 (Te 127) '.

todine 134 (I 134)

- Potassi a 42 (K 42).

Tellurium 129m (Te 129m)

?

Iodine 135'(I 135)

Preseedymium 142 (Pr 142)

Tetturium 129 (Te 129).

f ridlun 192 (Ir 192)

Preseedymi e 143 (Pr 143)

- Tetturium 131m (Te 131a).

Iridiun 1M (Ir 1M)

Promethium 145 (Pm 145)

' Tetturium 132 (Te 132) '

Iron 55 (Fe 55)

Promethl m 147 (Pm 147)

Terbitan 160 (Tb 160).

d Iron 59 (fe 59)-

Promethium 149 (Pm 149)

Thatli e 200 (T1~200)

Krypton SS (Kr 85)

Radi o 223 (te 223)

Thettl e 201 (T1 201)

Krypton 87 (Kr 87)

Rhenium 186 (he 186)

Thettium 202 (TL 202)-

Lenthenum 140 (Le 140) theni a 188 (se 188)

Thettlum 204 (il 204).

O Lead 210 (Pb 210) thodi m 103e (Rh 103a)

Thulium 170 (Te 170)

.l Lutetium 177 (Lu 177)

Rhodium 105 (ah 105)

Thuttum 171 (Tm 171) 1 Manonnese 52 (een 52) aihidiiss 86 (ab 86)

Tin 113 (sn 113) -

1 Manoensee 54 (een 54)

.Rubidiun 87 (ab 87)

Tin 123 (sn 123)

Mensenese 56 (een 56) ~

Rutheni m 97 (Ru 97)

Tin 125 (sn 125)

Mercury 19 h (Ng 19 h)

Ruthenium 103 (Ru 103)

Tin 126 (so 126)

Mercury 197 (Ns 197)

Rutheni a 105 (Du 105)

Titenlun 44 (Tl 4() -

Mercury 203 (les 203)i Rutheni a 106 (Ru 106)

Triti m (N3)'.

Molybdenum 99 (eso 99) seneri a 151 (em 151)

Tungsten 181. (W 181)

Neodple 147 (Nd 147) seneri e 153 (sa 153)

Tunesten 185 (W 85)..

~

Noodyalun 149 (Nd 149) scendt e 46 (sc 46)

Teosten 187 (W 187

- Neptmlum 237 (up 237) scandia 47 (Sc 47) venodl e 48 (V 48).

j[

Wicket 59 (Ni 59)

scandissa 48 (se 48)

Xenon 131e (Xe 131m)

Nicket 63 (Ni 63) setent e 75 (se 75)

~ Xenon 133 (Xe 133)

Nickel 65 (Ni 65) silican 31 (si 31).

Xenon 135 (se 135)

Niobium 93m (Nb 93a)

' sitver 105 (As 105)

Ytterblun 175 (Yb 175) i Niobium M (Nb %)

sitwer 110m (As 110m)

Yttrium 90 (Y 90)

Niobium 95 (etb 95) silver 111 (As 111)

.Yttrim 91 (T 91)

Niobim 97.(Nb 97) sodi o 22 (No 22)

- Yttrium 92 (Y 92) -

Demium 185 (os 185)

Sodium 24 (No 24)

Tttrium 93 (T 93) 7 Demium 191s (Os 191a) strontium 85 (sr 85)

Zinc 65 (Zn 65)

Demium 191 (Os 191)

Strontium 89 (sr 89)'

Zinc 69m (Zn 69m).

Deelun 193 (os 193) strontium 90 (sr 90)

Zinc 69 (Zn 69)-

t Palladi m 103 (Pd 103) strontiun 91 ($r 91)

Zirconium 93 (Zr 93)

Pettadium 109 (Pd 109) strontium 92 (sr 92)

Zirconi m 95 (Zr 95)

- ];

Phosphorus 32 (P 32) sulphur 35 (s.35)

Zirconim 97 (Zr 97)-

l 1

1. ay of b

, 1993.

h d

' Dated in Rockville, Maryland, this E2 1

[

For the Nuclear Regulatory Commission.

r

,/

b a s M. -TayJer, E cutive Director for Operations..

i S

-