ML20058N262
| ML20058N262 | |
| Person / Time | |
|---|---|
| Issue date: | 10/13/1993 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| FRN-54FR57962, RULE-PR-110 NUDOCS 9312210307 | |
| Download: ML20058N262 (10) | |
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l NUCLEAR REGULATORY COMMISSION l
10 CFR Part 110 RIN 3150- AE82 J
Export and Import of Nuclear Equipment and Material;.
Export of High-Enriched Uranium-J AGENCY:
Nuclear Regulatory Commission.
ACTION:
Final rule.
SUMMARY
The Nuclear Regulatory Con: mission' (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 export of high-enriched. uranium.
-l specified in the Energy Policy Act.
i DATES:
The rule becomes effective 30, days after the date.of-publication in.the Federal-Register.
Submit: comments within/~ 1 0Y-
-75 days after the date of publication.
ADDRESSES:
Mail written comments to: Secretary, U.S.(NuclearL Regulatory Commission, Washington, DC 20555,. Attention: Docketing 43 9312210307 931013 I PDR PR
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110 54FR57962 PDRI&
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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
(Lower' Level),
Washington, DC 20037.
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 ofithat 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 orly~-
i if, in addition to any other requirement of that Act, the j
Commission determines that:
(1) There is no alternative nuclear reactor fuelior target-1 enriched in the isotope 235 to a lesser-percent than-the proposed 4
-i export, that can be used in that reactor;_
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(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 s
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-1 that raactor.
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 nuclear reactor fuel or target' means a nuclear reactor fuel or target which:is enriched to less than 20 percent 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 Enargy, 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. "
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The Commission has adopted amendments to.S$110.2 and 110.42(a) of 10 CFR part 110 to include provisions of Section 134 i
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s 4-of the Atomic Energy Act of 1954, as amended.
The amendment to 5110.2 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 as specified in the legislation.
This rulemaking involves a foreign affairs function of the United States.
Additionally, the Atomic Energy-Act of 1954, as
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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 interpret the relevant language of the. Energy Policy'Act of 1992 into 10 CFR part 110.
The commission has.therefore found.that, for the reasons stated above, notice of proposed _rulemaking and comment thereon are not required by the Administrative Procedure Act (5 U.S.C. 553(a) (1), codified at 10 CPR S 110.132(e), and 5 U.S.C. 553 (b) (A) ).
Nevertheless, any interested member'of the-public who believes that the commission has not accurately conformed Part 110-to-Section 134 of the Atomic. Energy Act of.
i 1954, as amended, or has comments on any.other. relevant issue is invited to submit comments within 75.. days of the date of publication of this rule.
Environmental Impact Categorical Exclusion i
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i The NRC has determined that the final rule in Part 110 is i
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i 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.
Paperwork Reduction Act Statement This final rule does not contain a new or amended 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 Management 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-enriched 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 the'public.
The foregoing constitutes the regulatory analysis for this final rule.
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4 Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this final rule, and,.therefore, a backfit analysis is not required for this final rule because Part 110 applies only to the export and import of nuclear facilities, material and components, and does not deal with. domestic facilities.
List of subjects in'10 CFR Part 110 i
Administr.itive; practice and procedure,. Classified.
s infornation, Criminal penalties, Export,. Import, i
Intergovernmantal relations, Nuclear materials, Nuclear power-
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plants and reactors, Reporting and recordkeeping requirements,
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Scientific equipment.
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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 is adopting the following amendments-to 10 CFR; Part 110.
.l PART 110 - EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL, 1.
The authority citation for Part 110 is revised to read I
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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) ; 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 i 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-et seq.).
2.
In S 110.2, a definition of " target" is added to read as follows:
S 110.2 Definitions.
Tarcet means material subjected to irradiation in an' accelerator or nuclear reactor'to induce a reaction'or produce nuclear material.
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3.
In $110.42, -paragraph (a) (9) is added to read as follows:
5 110.42 Export licensing criteria.
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(a) i
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'I (9) (i)
With respect to exports of high-enriched uranium to be used as a fuel or target in a nuclear research i
or test reactor, the commission determines that::
(A) There is no alternative nuclear reactor fuel or i
I target enriched to less than 20 percentnin'the. isotope U--
l 235 that can be used in that reactor; (B) The proposed recipient of the uranium has provided assurances that, whenever an alternative-nuclear reactor fuel or target can be used in that reactor, it will'use that alternative fuel or target in lieu of highly-enriched l
l uranium; and l
(c) The United States. Government is actively developing!
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(ii) A fuel or target "can be used" in a' nuclear j
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research or test reactor if -
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l-l (A) The fuel or target has been qualified by the Reduced Enrichment Research and Test Reactor Program'of the Department of Energy; and i
(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.
f L AGE
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J 'e M. Taylog a
tive Diret: tor for Operations.
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i Acoroved for Publication l
The Commission has delegated to the Executive Dire: tor for Operations (10 CFR 1.31(c)) the authority to develop and promulgate'ntles as defined in the Administrative Procedure Act (5 U.S.C. 551(4)) suby ct to the limitations in NRC Management Directive 9.17, Organization and Functions, Office of the j
Executive Director for Operations, paragraphs 0213, 038, 039, and 0310.
4 The attached final rule entitled " Export and Import of Nuclear Equipment and Material; Export of High-Enriched Uranium," implements Section 903 of the Energy Policy Act of 1992, Public Law 102-496. Section 903 of that Act adds a 1
new Section 134 to the Atomic Energy Act of 1954, as amended, regarding the Commission's licensing requirements for the export of high-enriched uranium.
The final rule does not raise a significant question of. policy, nor does it amend regulations contained in 10 CFR Parts 7, 8, or 9 of Subpart C concerning matters of policy.
I therefore find that the final rule is within the scope of my rulemaking authority and am proceeding to issue it.
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Ja - M Taylor g '
E cut e Director for Operations.
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