ML20059N427
| ML20059N427 | |
| Person / Time | |
|---|---|
| Issue date: | 08/10/1990 |
| From: | James Shea NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA) |
| To: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20058K542 | List: |
| References | |
| FRN-55FR30449, RULE-PR-110 AD59-2-02, AD59-2-2, NUDOCS 9010150120 | |
| Download: ML20059N427 (26) | |
Text
-
AD59-2 F-Ig
. UNITED STATES PDR r
NUCLEAR REGULATORY COMMISSION i
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AUG 101990-MEMORANDUM FOR: James M. Taylor Executive Director for Operations FROM:
/JamesR.Shea, Director International Programs j Office of Governmental and Public Affai sr 1
SUBJECT:
APPROVAL OF FINAL RULE CORRECTION:
EXPORT OF COMPONENTS FOR USE IN A GASEOUS DIFFUSION PLANT-10 CFR PART 110 This memorandum requests your approval to publish the enclosed final rule to l-correct the rule published in the July 26, 1990 Federal Register which amended l
l NRC's export licensing requirements to clarify the coverage of specially designed or prepared nuclear as'semblies and components for use in a gaseous i
diffusion enrichment plant.
A, part of the recently published rule, portions of NRC's regulations were restructured. However, the amendments necessary to s
L change the references in Part 120 to these restructured provisions were l-inadvertently omitted. As a result, parts of the export licensing regulations D
now contain erroneous references.
This action is required to correct the inconsistent references to reflect the restructured portions of the export regulations.
l' This final rule has been-coordinated with the Office of the General Counsel and the Offices of Administration, Information Resources Management, Nuclear Material Safety and Safeguards, Nuclear Reactor Regulation, and Nuclear Regulatory Research.
Enclosure:
L As stated-i
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L 9010150120 901002 L
PDR PR l
110 55FR30449 PDR m.
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r AUG 1 0 1990 MEMORANDUM FOR:
James M. Taylor Executive Director for Operations FROM:
James R. Shea, Director International Programs Office of Governmental and Public-Affairs
SUBJECT:
APPROVAL OF FINAL RULE CORRECTION:
EXPORT OF COMPONENTS FOR USE IN A GASEOUS DIFFUSION PLANT-i 10 CFR PART 110 This memorandum requests your approval to publish the enclosed final rule to correct the rule published in the July 26, 1990 Federal Register which amended-NRC's export licensing requirements to clarify the coverage of specially designed or presared nuclear assemblies cnd components for use in a gaseous diffusion enricament plant. As part of tne recently published rule, portions of NRC's regulations were restructured. However, the amendments necessary to change the references in Part 110 to these restructured provisions were inadvertently omitted.. As a result, parts of the export. licensing regulations now contain erroneous references.
This action is required to correct the inconsistent references to reflect the restructured portions of the export regulations.
L l
l This final rule has been coordinated with the Office of the Genercl Counsel and'the Offices of Administration, Information Resources Management, Nuclear Material Safety and Safeguards, Nuclear Reactor Regulation, and Nuclear Regulatory Research.
Enclosure:
As stated a: correct ~
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x NUCLEAR REGULATORY COMMISSION 10 CFR PART 110 r
l_
RIN: 3150 AD59 l;
Export of Components for Use in Gaseous Diffusion Enrichment Plants: Correction AGENCY:-
Nuclear Regulatory Commission.
ACTION:
Final rule:
Correction.
SUMMARY
In the Federal Register on July 26,1990(55FR30449),theNuclear Regulatory Commission issued a final rule which clarifies the coverage of specially designed or prepared nuclear assemblies and components for use in a gaseous diffusion enrichment plant. As part of the final rule, portions of NRC's export regulations were restructured. However, the amendments'necessary to change the references to these restructured provisions were< inadvertently omitted.
As a result, parts of the export licensing regulations now contain erroneous references. This action is necessary to correct the inconsistent references and reflect the restructured portions of the export regulations.
EFFECTIVE'DATE: July 26, 1990.
l FOR FURTHER INFORMATION CONTACT: Elaine 0. Hemby, Office of Governmental. and Public Affairs, U.S. Nuclear Regulatory Commission, Washington, DC 20555,
' telephone 301-492-0341, or Joanna M. Becker, Office of the General Counsel,
.U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone 301-492-1740.
s
t h
1.-
'In $110'.1, paragraph (a).is revised to read as follows:
$11
0.1 Purpose and Scope
Y
_ (a) The regulations in this part prescribe licensing, enforcement, and rulemaking procedures and criteria, under the Atomic Energy Act, for the export of nuclear equipment and material, as set out-in $110.8 and $110.9, and the import of nuclear equipment and material, as set out in $110.9a.
y 2.
Section 110.5 is revised to read as follows:
l 6110.5 License requirements.
Except as provided under Subpart B, no person may-export any nuclear equipment or material listed in 5110.8 and $110.9, or import any nuclear equipment or material listed in fl10.9a, unless authorized by a general or specific license issued under this part.
3.-
In $110.6, paragraph-(a) is revised to read as folicws:
^
^
6110.6 Retransfers.
(a) Retransfer of any nuclear equipment or material listed in 9110.8 and $110 9., -including special nuclear material produced through-the n
use of U.S.-origin source material or special nuclear material, requires authorization by the Department of. Energy, unless the export to the new destination is authorized under a specific or general license or an exemption t
from licensing requirements.
Under certain agreements for cooperation, Department of Energy authctization also is required for the retransfer of special nuclear material produced through the use of non-U.S.-supplied nuclear material in U.S.-supplied utilization facilities.
1 4.
In 5110.26, paragraphs (a) and (c)(1) are revised to read as follows:
$110.26 Export of nuclear reactor components.
(a) A general license is issued to any person to export any nuclear-reactor component listed in Appendix A (5) through (9) for use in any light or heavy water-moderated power or research reactor in any of the following countries:
Canada Philippines EURATOM 8 Spain Indonesia Sweden Japan Switzerland South Korea Taiwan
' Belgium, Denmark, France, Greece, Ireland, Italy, Luxembourg, the 3
b.
,o 4
i Netherlands, the United Kingdom and West Germany.
(c) * - * *
(1) A description of the components keyed to the categories listed in Appendix A.
5.
In 9110.42,-Footnote 4 is redesignated as Footnote 3 and the text of Footnote 3 is revised to read as follows:
j
$110.42 Export licensing criteria.
i 1
l 8Exports of complete nuclear reactors, complete reactor pressure L
vessels, primary coolant pumps, control rods, and reactor fuel charging and discharging machines are subject to the comprehensive export criteria in 6110.42(a). A complete nuclear reactor includes those parts and components, as specified in Appendix A, which are within or attached d'rectly to the reactor vessel, which control the level of power in the' reactor core or which normally contain or come in direct contact with or 1
control the primary coolant of the reactor. Nuclear reactor parts and components (other than complete pressure vessels, primary coolant pumps, l
4 1..
D 1:
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4
., 5 control rods, or fuel charging and discharging machines) when exported separately are subject to the export criteria in ll10.42(b).
6.
In-fl10.43, the introductory text of paragraph (a) and paragraphs (b) and (c) are revised to read as follows:
$110.43 Physical security standards.
(a) Commission determinations on the adequacy of physical secJrity programs in recipient countries.for Category 1 quantities of nuclear material (see' Appendix E) are based upon the following:
(b) Commission determinations on the adequacy of physical security programs in recipient countries for Category II and III quantities of material (see Appendix E) are based-on available relevant information and written assurances from the recipient country or group of countries that physical security measures providing, as a minimum, protection comparable to that set forth in INFCIRC/225 will be maintained.
(c) Commission determinations on the adequacy of physical securf ty programs in recipient countries for exported facilities are made in accordance with the categories of material (see Appendix E) in use or in storage at the exported facilities and are based on available relevant information and written assurances from the recipient country or group of 5
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i.
countries that physical security measures providing, as a minimum, protection
. comparable to'that set forth in INFCIRC/225 will be maintained.
7.
In Appendix A, a new paragraph (9).is added to read as follows:
Appendix A - Illustrative List of Nuclear Reactor Equipment Under NRC Export Licensing Authority (9) Any other components specially designed or prepared for use in a nuclear reactor or in any of the components described in this Appendix.
Dated at Rockville, Maryland, this day of
, 1990.
For the Nuclear Regulatory Commission James M. Taylor Executive Director for Operations 6
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m NUCLEAR REGULATORY COMMISSION-10 CFR PART 110 RIN: 3150-AD59
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Export of components for Use in Gaseous Diffusion Enrichment Plants: Correction f
l'
\\Y AGENCY:-
Nuclear Regulatory Commission, b
'I
.b' ACTION:
Final rule:
Correction.
~
SUMMARY
In the Federal Register on July 26, 1990 (55 FR 30449) the Nuclear Regulatory Commission issued a final rule which clarifies the coverage of.
specially designed or prepared nuclear assemblies and components for use in a-gaseous-diffusion enrichment plant. As part. of the final rule,. portions of.
1
- NRC's export regulations were restructured. However, the amendments necessary to change the references to these restructured provisions were inadvertently
- omitted. As a result, parts of the export licensing regulations now contain erroneous references. This action is necessary to correct the inconsistent references and reflect the restructured portions of the export regulations.
..s EFFECTIVE DATE: July 26, 1990.
- FOR FURTHER INFORMATION CONTACT:
Elaine 0. Hemby, Office of Governmental and Public Affairs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone 301-492-0341, or Joanna M. Becker, Office of the General Counsel, U.S. Nuclear
.attory Commission, Washington, DC 20555, telephone 301-492-1740, t
_,1
4 3
)
- 1.
Section 110.1 is revised to read as follows:
- $11
0.1 Purpose and Scope
(a)_ The' regulations in this part prescribe licensing, enforcement, and rulemaking procedures and criteria, under the Atomic Energy Act, for the export of nuclear equipment and material, as set out in 9110.8 and $110.9, and the import of nuclear equipment and material, as' set out in 9110.9a.
s s
+
l 2.
Section 110.5 is revised to read as follows:
L
$110.5 License Requirements.
i.
l Except as provided under-Subpart B, no person may export any nuclear equipment or material listed in s110.8 and 6110.9, or import any nuclear equipment or material listed in 9110.9a, unless authorized by a general or specific license issued under this part.
L l
t l
3.
In 9110.6, paragraph (a) is revised to read as follows:
l U
$110.6 Retransfers.
(
i (a) Retransfer of any nuclear equipment or material listed in 6110.8 and 6110.9, including special nuclear material produced through the use of U.S.-origin source material or special nuclear material, requires h
m
i i
l authorization by the Department of Energy,: unless the export to the new L
i l
destination is authorized under a specific or general license or an exemption from licensing requirements. Under certain agreements for cooperation, Department of Energy authorization also is required for the retransfer of
.special nuclear' material produced through the use of non-U.S.-supplied nuclear j
material in U.S.-supplied utilization facilities.
7 1
4 f.
In 9110.26, caragraphs (a) and (c)(i) are revised to read as follows:
s110.26 Exportf of nuclear reactor components.
=l (a) A general license is issued to any person to export any nuclear
]
reactor component listed in Appendix A (5) through (9) for use in any light or heavy water moderated power or research reactor in any of the following l
countries:
\\
Canada Philippines 2
EURATOM Spain Indonesia Sweden Japan Switzerland South Korea Taiwan Belgium, Denmark, France, Greece, Ireland,. Italy, Luxembourg, The i
Netherlands, the United Kingdom and West Germany, l
i 1
i use of U.S.-origin sobree material or special nuclear material, requires
}
authorization by the Department of Energy, unless the export to the new destination is authorized under a specific or general license or an exemption f 9m licensing requirements.
Under certain agreements for cooperation, Department of Energy authorization also is required for the retransfer of special nuclear material produced through the use of non U.S.. supplied nuclear material in U.S. sucolied utilization facilities.
5 4.
In 5110.26, paragraphs (a) and (c)(1).are revised to read as follows:
h
[]!0.26 Export of nuclear reactor components.
(a) A general license is issued to any person to export any nuclear reactor component listed in Appendix A (5) through (9) for use in any light or heavy water moderated power or research reactor in any of the following countrias:
Ouda Philippines EUkATOM e Spain Indonesia Sweden Japan Switzerland 1
South Korea Taiwan
' Belgium,. Denmark, france, Greece, Ireland, Italy, Luxembourg, the 3
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?-
Netherlands, the United Kingdom and West Germany.
l i
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(c)*
(1)Adescriptionofthecomponentskeyedtothecategorieslistedin Appendix A.
.i i
i 5.
In 6110.42, Footnote 4 is redesignated as Footnote 3 and the text of Footnote 3 is revised to read as follows:
6110.42 Export licensing criteria, c
t t
8Exports of complete nuclear reactors, complete reactor pressure t
vessels, primary c nnt pumps, control rods, and reactor fuel charging and discharging machines are subject to the comprehensive export criteriainfl10.42(a). A complete nuclear reactor includes those parts and components, as specified in Appendix A, which are within or attached directly to the reactor vessel, which control tne level of power in the l
l reactor core or which normally contain or come in direct contact with or control the primary coolant of the reactor. Nuclear reactor parts and components (other than complete pressure vessels, primary coolant pumps, 4
L-
q-control rods, or fuel charging and discharging machines) when exported separatelyaresubjecttotheexportcriteriainll10.42(b).
f 6.
In 5110.43, the introductory text of paragraph (a) and paragraphs (b) and (c) are revised to read as follows:
$110.43 Physical security standards.
l (a) Commission determinations on the adequacy of physical security i
programs in recipient countries.for Category 1 quantities of nuclear material (see Appendix E) are based upon the following:
l t
(b) Commission determinations on the adequacy of physical security programs in recipient countries for Category !! and III quantities of material
+
(see Appendix E) are based on available relevant information and written assurances from the recipient country or group of countries that physical security measures providing, as a minimum, protecti.a comparable to that set forth in INFCIRC/225 will be maintained, i
(c) Commission determinations on the adequacy of physical security programs in recipient countries for exported facilities are made in accordance with the categories of material (see Appendix E) in use or in storage at the exported facilities and are based on available r, levant information and written assurances from the recipient country or group of 5
w
i countries that physical security measures providing, as a minimum, protection f
comparable to that set forth in INFCIRC/225 will be maintained.
I i
7.
In Appendix A, a new paragraph (9) is added to read as follows:
Appendix A - Illustrative List of Nuclear Reactor Equipment Under NRC Export Licensing Authority l
(9) Any other components specially designed or prepared for use in a nuclear reactor or in any or the components described in this Appendix.
i J
Dated at Rockville, Maryland, this day of.
,1990.
For the Nuclear Regulatory Commission Usiaes M. Taylor Executive Director for Operations 6
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[759001)
NUCLEAR REGULATORY COMMISSION l
10 CFR PART 110 i
RIN: 3150-AD59 Export of Components for Use in
~
Gaseous Diffusion Enrichment Plants: Correction h) >i '
t AGENCY:
Nuclear Regulatory Commission.
/
1 ACTION:
Final rule:
Correction.
r
~. -
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i
SUMMARY
In the Federal Register on July 26, 1990 (55 FR 30449) the Nuclear Regulatory Commission issued a final rule which clarifies the coverage of specially designed or prepared nuclear assemblies and components for use in a gaseous diffusion enrichment plant. As part of the final rule, portions of NRC's export regulations were restructured. However, the amendments necessary to change the references to these restructured provisions were inadvertently omitted. As a result, parts of the export licensing regulations now contain erroneous references. This action is necessary to correct the inconsistent i
references and reflect the restructured portions of the export regulations.
EFFECTIVE DATE: July 26, 1990.
FOR FURTHER INFORMATION CONTACT:
Elaine 0. Hemby, Office of Governmental and Public Affairs, U.S. Nuclear Regulatory Commission, Washington, DC 20555 telephone 301-492 0341, or Joanna M. Becker, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone 301 492 1740, i
I-I I
j
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w
1.
Section 110.1 is revised to read as follows:
611
0.1 Purpose and Scope
(a) The regulations in this part prescribe licensing, enforcement, and rulemaking procedures and criteria, under the Atomic Energy Act, for the l
export of nuclear equipment and material, as set out in $110.8 and $110.9, and the import of nuclear equipment and material, as set out in fl10.9a.
s e
s 2.
Section 110.5 is revised to read as follows:
$110.5 License Requirements.
t Except as provided under Subpart B, no person may export any nuclear equipment or material listed in 6110.8 and $110.9, or import any nuclear equipment or material listed in 6110.9a, unless authorized by a l
general or specific license issued under this part.
3.
In $110.6 paragraph (a) is revised to read as follows:
6110.6 Retransfers.
(a)Retransferofanynuclearequipmentormateriallisted in 6110.8 and 6110.9, including special nuclear material produced through the use of U.S.-origin source material or special nuclear material, requires r----
authorization by the Department of Energy, enless the export to the new destination is authorized under a specific or ger.eral license or an exemption from licensing requirements. Under certain agreements for cooperation, Department of Energy authorization also is required for the retransfer of special nuclear material produced through the use of non U.S.-supplied nuclear material in U.S.-supplied utilization facilities.
4 I.
In 6110.26, paragraphs (a) and (c)( ) are revised to read as follows:
I
$110.26Exportfofnuclearreactorcomponents.
(a) A general license is issued to any person to export any nuclear reactor component listed in Appendix A (5) through (9) for use in any light or heavy water moderated power or research reactor in any of the following cpuntries:
Canada Philippines i
EURATOM Spain Indonesia Sweden Japan Switzerland South Korea Taiwan
' Belgium, Denmark, France, Greece, Ireland, Italy, Luxembourg, T'he Netherlands, the United Kingdom and West Germany.
(c) *
(1) A description of the components keyed to the categories listed in 1
Appendix A.
i e
i f
h in $110.42 he text of footnote fis revised to end as follows:
6110.42 Export licensing criteria.
i 3
Exports of complete nuclear reactors, complete reactor pressure vessels, complete primary coolant pumps, complete control rods, and complete reactor fuel charging and discharging machines are subject to thecomprehensiveexportcriteriainll10.42(a). A complete nuclear reactor includes those parts and components, as specified in Appendix A, which are within or attached directly to the reactor vessel, which control the level of power in the reactor core or which normally contain or come in direct contact with or control the primary coolant of the reactor. Nuclear reactor parts and components (other than complete pressure vessels, primary coolant pumps, control rods, or fuel charging i
and discharging machines) when exported separately are subject to the l
export criteria in $110.42(b).
i
d 7.
In 5110.43 the introductory text of paragraph (a) and paragraphs (b) and (c) are revised to read as follows:
l l
$110.43 Physical security standards.
(a) Commission determinations on the adequacy of physical security programs in recipient countries for Category 1 quantities of nuclear material (see Appendix E) are based upon the following:
1 4
J I
(b) Commission determinations on the adequacy of physical security I
programs in recipient countries for Category 11 and III quantities of material i
(see Appendix E) are based on available relevant information and written assurances from the recipient country or group of countries that physical security measures providing, as a minimum, protection comparable to that set forth in INFCIRC/225 will be maintained.
(c) Commission determinations on the adequacy of physical security programs in recipient countries for exported facilities are made in accordance with the categories of mats-ini (see Appendix E) in use or in storage at the exported facilities and are based on available relevant information and written assurances from the recipient country or group of countries that physical security measures providing, es a minimum, protection comparable to that set forth in INFCIRC/225 will be maintained.
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8, In Appendix A, a new paragraph (9) is added to read as follows:
Appendix A - Illustrative List of Nuclear Reactor Equipment Under NRC l
Export Licensing Authority I
(9) Any other components specially designed or prepared for use in a nuclear reactor or in any of the components described in this Appendix.
Dated at Rockville, Maryland, this day of 1990.
^
For the Nuclear Regulatory Commission l
James M. Taylor Executive Director for Operations i
5
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re.tra g A.. reevit, party,0f m esport lisensing regulatitne new contain erro sous reference.. Th[ action is l
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stes Mr M.!!M, y ye f4> a espoo,ey pe)wie 1 /,M e!# 8 Oe M t FORFWRTHERIkP0ANAft0NCONTACT flai's 0, Hesby, Office of Governmental and Public Affairs, U.S. Husleer Regulatory Ceseission Washington, DC 80888, telephone 801 498 0341, or deshna M. Int'er, Office of the teneral Cevnsel i i!.8. Nuclear Angulatory Cosmission, Wai/11heten. DC tellt 301 498 1740.
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Section110.1isrevised follwas l
$/NsJ Appare f.t t'*/t e avne JP (4) The regulations in this part prescribe licensing, enforcement,
_ tad rulemaking precedures and criteria, under the Atomic Energy Act, for the expert of nuclear equipment art atterial, as set out in 3110.4 end B
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o 4110.6, and th6 import of nuelese equipment and materiai, as set out in
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/ tsoept ta prevised under tubpart 4, no pereer. sg expert any (nMlearstulpD0nterMteriallidtAin$130.8Andlite.8,erisperteny y.
/enitere,vi,.nter=$.ri.1it.winstie.sa,oni..sotheriodmya geMral er spesific lio6nse issue:: under this part.
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.JD (a) Attransfer of av nusisar ety'rar.t er meterial listed
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in 5110.4 and 51.10.8, including vecial nuclear storial produced throulh the use tf U.S.. origin se a s s torial er speatal nuclear
// M satorini, requims authoritation tr the Department of Energy, imiese t
-f empert to the nw destination is authorised under e specific or gepral lictue er an extaption fYa licenJ1ag requirements. Under eartein agressents for stoparation, Deport.'ait of energy authorisation also is required for the retransfer of oper'141 nuclear material produced through
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the koa of non W.8..supp1ted nuclete etterial in U.S..eupplied stilitation fatt11 ties.
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s f (4) A general license is issued to any person to export any L
nuclear retet e eseposer,t lister in Appendix A (8) through (9) for Woe I
in any light er hoevy water modratted power er research roteter in any i
of the following tauntrisa Canada att11ppines 8MATON 8 QMn Indonesis teeden y
49tti seitserland I
levthNores
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'selgius, Denmark, France,treesi, Ireland, Italy, Luxembourg,the Netherlands, the United Kingdes rM West tomany.
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f g M (1) A deteription of the comp n(nts keyed to the categories listed in-AppendiaA.
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7 atuperts of esoplete nuslear en:ters, eenplete reaeter pressure vessels, seaplete priary seelani pumps, semplete centrol reds, and eenplate reteter fuel charging a'c' discharging aschines are subject to j
the segrehensive expert critert in ll10.4t(s). A complete nusleer L
roaster inelades thoet parts and components, as specified in Append which are itMn er attached (tNctly to the reactor vessel, which centre) the lesel of power in the enster core or which normally spritain er some in direct contact with as ocntre) the primary seelent of the reteter. Nuclear reacter parts u d components (other then eenplete L
pretourt vessels, pristry coolant prmps, control reds, or fuel therging anddiethargingmachinsi)whenerurtedseparatelyaresubjecttothe experteritert6inI!!0,4t(b).
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[(a) Comission Watereinstions en Os adequacy of physis
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i 8(b) Commission determinations en the adequacy of physic progress in recipient eeuntries far Category !! and !!! quantities of l
g material (see Appendix t) are basad on avaitable relevant informatten 7 end.r m en assur.. es free.he,e.1,4.nt te,or pre., of eeu irie, that physiaal security sensures providing, as a mir,1eum, prettetion comparable to that set forth in !NPC!AC/tts will be saintained.
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{seturity progests in recipient c:Leries for egerted feellities are ande in tesordance with the estejortes of meterial (ese Appendix t) in N
ese er in eie,tos
.a eweenstie, to are woe en mnme i releveet inforestien end written 666ureness from the roeipient stuntry or group of toontries that physical security asasures providing, 64 4 ainiega, protection eesparable to that set forth in !NFlint/tti vill to 1
safattined, e
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e pew h f
- pde,'.[,er e
8.
%98004NS & Appendix A,4hq.49%;;,; i.;., st?; a'a+ M added 1A
- $ th: r.re,... n ;;.:, w H t+ de te e e r = :
4 e,/ c1 W4=
[ (9) Av ether esapenents specially designed er prepared for 88e in a
/ {nuelear teetter er in any of the components desertbed in this Appendix.
e a
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e Dated at Aeckville, Narplend, this,
day of _ -
__ 1960.
For the Nuslaar O ulatory Commission T
JamesM.T$1erlarforoperations fxecutive rec (4 edix 4 - sywh, A;,. 4:rt & Nw/e.w fewhe 9&re M/ro A,de myoas daow>> Addowdy
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