ML20058L237
| ML20058L237 | |
| Person / Time | |
|---|---|
| Issue date: | 10/13/1993 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| Shared Package | |
| ML20058K896 | List: |
| References | |
| FRN-58FR14344, FRN-58FR57962, RULE-PR-110 AE82-2-009, AE82-2-9, CCS, NUDOCS 9312160202 | |
| Download: ML20058L237 (9) | |
Text
[7590-01-P) 1 NUCII.AR REGULATORY COMMISSION 10 CFR Part 110 RIN 3150-AE82 Export and Import of Nuclear Equipment and Naterial; Export of High-Enriched Uranium i
AGENCY:
Nuclear Regulatory Commission.
ACTION:
Final rule.
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SUMMARY
The Nuclear Regulatory Commission (NRC) is amending its regulations pertaining to the export and import of nuclear equipment and material to implement Section 903 of the Energy Policy Act of 1992.
The final rule augments NRC regulations to include the criteria for the arport of high-enriched uranium specified in the Energy Policy Act.
DATES:
The rule becomes effective 30 days after the date of publication in the Federal Registar.
Submit comments within 75 days after the date of publication.
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ADDRESSES:
Mail written comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Docketing 9312160202 931103 E
PDR PR
~
110 5BFR14344 PDR a
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- and Service Branch.
Deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:45 an and 4:15 pm Federal workdays.
(Telephone 301-504-1966.)
Copies of comments received may be examined at:
the NRC Public Document Room at 2120 L Street NW (Lower Level),
Washington, DC 20037.
t FOR FURTHER INFORMATION CONTACT:
Elaine Hamby, Office of International Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone (301) 504-2341.
SUPPLEMENTARY INFORMATION:
The Energy Policy Act of 1992 (Pub.L.
102-496), was enacted on October 24, 1992.
Section 903 of that Act added a new Section 134 to the Atomic Energy Act of 1954, as amended.
The new Section 134 provides that the NRC may issue a license for the export of high-enriched uranium to be used as a fuel or as a target in a nuclear research or test reactor only if, in addition to any other requirement of that Act, the Commission determinee that:
(1) Thare is no alternative nuclear reactor fuel or target enriched in the isotope 235 to a lesser percent than the proposed
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export, that can be used in that reactor; (2) The proposed recipient of that uranium has provided assurances that, whenever an alternative nuclear reactor fuel or target can be used in that reactor, it will use that alternative j
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. in lieu of highly enriched uranium; and (3) The United States Government is actively developing an alternative nuclear reactor fuel or target that can be used in that reactor.
Section 134 b. of the Atomic Energy Act of 1954, as amended, defines the operative terms as follows:
b.
As used in this section --
(1) the term ' alternative nuc1r ar reactor fuel or target' means a nuclear reactor fuel or target which is enriched to less than 20 parcent in the isotope U-235; (2) the term ' highly enriched uranium' means uranium enriched to 20 percent or more in the isotope U-235; and (3) a fuel or target 'can be used' in a nuclear research or test reactor if--
(A) the fuel or target has been qualified by the Reduced Enrichment Research and Test Reactor Program of the Department of Energy, and (B) use of the fuel or target will permit the large majority of ongoing and planned experiaants and isotope production to be conducted in the reactor without a large percentage increase in the total cost of operating the reactor. "
The Commission has adopted amendments to $5110.2 and 110.42(a) of 10 CFR part 110 to include provisions of Section 134 i
i of the Atomic Energy Act of 1954, as amended.
The amendment to
$110.2 adds a definition of the term " target" as used in the statute.
The amendment to $110.42 adds a new paragraph (a) (9) that sets forth the criteria for export of high-enriched uranium I
as specified in the legislation.
This rulemaking involves a foreign affairs function of the United States.
Additionally, the Atomic Energy Act of 1954, as amended, directs the Commission to impose the limitations on the issuance of licenses to export high-enriched uranium as described above.
The changes to Commission regulations incorporate and l
interpret the relevant language of the Energy Policy Act of 1992
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into 10 CFR part 110.
The Commission has therefore found that, for the reasons stated above, notice of proposed rulemaking and j
comment thereon are not required by the Administrative Procedure Act (5 U.S.C. 553 (a) (1), codified at 10 CFR $ 110.132 (e), and 5 l
U.S.C.
553 (b) (A) ).
Nevertheless, any interested menbar of the public who believes that the Commission has not accurately conformed Part 110 to Section 134 of the Atomic Energy Act of 1954, as amended, or has comments on any other relevant issue is i
invited to submit comments within 75 days of the date of publication of this rule.
kavironmental Impacts categorical Esclusion The NRC has determined that the final rule in Part 110 is f
the type of action described in 10 CFR 51.22 (c) (1).
Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.
t Paperwork Reduction not Statement I
i This final rule does not contain a new or amended i
l information collection requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C.
3501 et seq.).
Existing requirements were approved by the office of Mansgament and Budget, approval number 3150-0036.
)
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 NRC's regulations in 10 CFR 110 because the Energy Policy Act of 1992 directs the Commission to impose limitations on the issuance of licenses to export high-enriched uranium.
NRC's regulations already provide strong regulatory control over the export of high-anriched uranium by strictly limiting its supply; therefore, the rule will have minimal impact on affected exporters.
The final rule will not result in any increase or cost to tho' public.
The foregoing constitutes the regulatory analysis for this final rule.
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I J i Backfit Analysis i
The NRC has determined that the backfit' rule, 10 CFR 50.109, l
does not apply to this final rule, and, therefore, a backfit
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analysis is not required for this final ~ rule because Part 110 i
applies only to the export and import of nuclear facilities, i
material and components, and does not deal with domestic facilities.
h List of subjects in 10 CPR Part 110 c
Administrative practice and procedure, Classified i
information, Criminal penalties, Export, Import, s
Intergovernmental relations, Nuclear materials, Nuclear' power plants and' reactors, Reporting and recordkeeping requirements, l
4 Scientific equipment.
i I
i For the reasons set out in the preamble and under the j
authority of the Atomic Energy Act of 1954, as amended, the l
i Energy Reorganization-Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10'CFR q
Part 110.
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PART.110 - EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL i
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The authority citation for Part 110 is revised to read-l 4
m
. as follows:
Authority: Sacs. 51, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104, 109, 111, 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); sac. 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 sac. 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.
Sections 110.2 and 110.42 (a) (9) also issued under sec. 903, Pub.L. 102-496 (42 U.S.C. 2151 at seq.).
2.
In S 110.2, a definition of " target" is added to read as follows:
$ 110.2 Definitions.
e e
e e
Tarcat means material subjected to irradiation in an accelerator or nuclear reactor to induce a reaction or produce nuclear material.
3.
In 5110.42, paragraph (a)(9) is added to read as follows:
S 110.42 Export licensing criteria.
(a)
(9) (i)
With respect to exports of high-enriched uranium to be used as a fuel or target in a nuclear research-or test reactor, the Commission determines that:
(A) There is no alternative nuclear reactor fuel or target enriched to less than 20 percent in the isotope U-235 that can be used in that reactor; (B) The proposed recipient of the uranium has provided assurances that, whanever an alternative nuclear reactor fuel or target can be used in that reactor, it will use that altarnative fuel or target in lieu of highly-enriched uranium; and (C) The United States Govarnment ins actively developing an alternative nuclear reactor fuel or target that can be used i'n that reactor.
(ii) A fuel or target "can be used" in a nuclear research or test reactor if -
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(A) The fuel or target has been qualified by.the Reduced Enrichment Research and Test Reactor Program of-the=
Department of Energy; and (B) Use of the fuel or target will permit the large.
majority of ongoing and planned experiments and isotope production to be conducted in the reactor without a large percentage increase in the total cost of operating the reactor.
I Dated at Rockville, MD, this g-day of j 1993.
For the Nuclear Regulatory Commission.
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% - f-FJ M. Taylof)~
e tive Dirst: tor for Operations.-
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a 1
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CONGRESSIONAL CORRESPONDENCZ SYSTEM DOCUMENT PREPARATION CHECKLIST This checklist is be submitted with each document (or group of Q3/As) sent for +
ing into the CCS.
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1.
BRIEF DESCRIPTION OF DOCUMENT (S)
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d I b' i '" r /E
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2.
TYPE or DON
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Isaringer (Qs/As);
i Correspondense.
,x f
3.
DOCUXENT CONTROL sensitive (NRC caly)N Non-sensitive 4.
CONGRESSIONAL COMMITTEE and SUBCOXMITTEES (if applicable)
Congressional Committee Subcommittee t
5.
SUBJECT CODES (a)
(b)
(c) 6.
SOURCE OF DOCUMENTS (a) 5520 (document name
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(b)
Scan.
(c)
At'tachments (d)
Rakey (e)
Other 7.
SYSTEX LOG DATES l
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Date OCA sent document to CCS (a)
(b)
Date CCS. Zeceivesa document (c)
Data returned to OCA for additional information (d)
Data resubmitted by-OCA to CCS
~
r (a)
Data entered into CCS by (f)
Date OCA notified that document is in CCS 8.
CCMMENTS