ML20059N428

Forwards 900713 Fr Notice Approving Final Rule 10CFR110 Re Export of Components for Use in Gaseous Diffusion Enrichment Plants,For Fr Publication

ML20059N428
Person / Time
Issue date:	07/19/1990
From:	James Shea NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA)
To:	Meyer D NRC OFFICE OF ADMINISTRATION (ADM)
Shared Package
ML20058K542	List: ML20058K537 ML20059N426 ML20059N427 ML20059N428 ML20059N429 ML20059N430 ML20059N431 ML20059N432 ML20059N433 ML20059N439 ML20059N449 ML20059N450 ML20059N675
References
FRN-55FR30449, RULE-PR-110 AD59-2-03, AD59-2-3, NUDOCS 9010150137
Download: ML20059N428 (9)

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JUL 191993 MEMORANDUM: David L. Meyer, Chief Regulatory Publications Branch Division of Freedom of Information and Publications Services Office of Administration

'l FROM:

ames R. Shea, Director International Programs t

Office of Governmental and Public Affairs

SUBJECT:

PUBLICATION OF FINAL RULE:

10 CFR PART 110 EXPORT OF COMPONENTS FOR USE IN GASEOUS DIFFUSION ENRICHMENT PLANTS By the enclosed July 13,1990 notice, the Executive Director for Operations (EDO) approved the enclosed final rule pertaining to the export of components for use in gaseous diffusion entienment plants.

Please implement th, ED0's action by arranging for publication of the rule in the Federal Register.

The rule is effective upon publication. A notice of this action has been submitted to EDO for the Daily Information Report.

Enclosed are Congressional letters for transmittil to Office of Governmental and Public Affairs, Congressional Affairs.

Enclosures:

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Approved for Publication Notice dtd 7/13/90 2.

Federal Register Notice (5) 3.

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Aneroved for Publication i

The Commission has delegated to the Executive Director for Operations (10 CFR 3.40(c) and (d)) the authority to develop and promulgate rules as defined in the APA (5 U.S.C. 55)(4)) subject to the limitations in NRC Manual Chapter i

0103, Organization and Functions, Office of the Executive Director for Operations, paragraphs 0213, 038, 039, and 0310.

The enclosed final rule entitled ' Export of Components for Use in Gaseous Diffusion Enrichment Plants,' amends 10 CFR Part 110 regulations pertaining to the export of gaseous diffusion enrichment plant components. A new Appendix C to Part 110 is added to clarify the coverage of specially designed or prepared r.eclear assemblies and components for use in gaseous diffusion enrichment plants. This action is necessary to implement the decision of the multilateral Non Proliferation Treaty Nuclear Exporters Group (Zangger r

Committee) to add new definitions to its international export control ' Trigger List" covering gaseous diffusion enrichment components.

This action is responsive to the Zangger Committee's concern to improve the administration of international export controls over these components because they represent a potential proliferation risk.

The rule also restructures portions of the Part 110 regulations in order to present the provision in a clear manner.

The final rule does not constitute a significant question of policy, nor does it amend regulations contained in 10 CFR Parts 7, 8, or 9 Subpart C concerning matters of policy.

I therefore find that this rule is within the scope of my rulemaking authority pursuant to 10 CFR 1.40(d)(2) and am proceeding to issue it.

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U.S. NUCLEAR REGULATORY COMMIS$10N i

10 CFR PART 110 i

RIN: 3150 ADS 9

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Cxport of Components for Use in Gaseou: Diffusion Enrichment Plants AGENCY:

U.S. Nuclear Regulatory Commission.

ACTION:

Final rule, j

$UW.ARY:

The U.S. Nuclear Regulatory Commission (NRC) is amending its export l

licensing regulations to clarify the coverage of specially designed or prepared nuclear assemblies and components for use in gaseous diffusion enrichment plants. This action is necessary to implement the decision of the multilateral Non Proliferation Treaty Nuclear Exporters Group (Zangger i

Committee) to add new definitions to its international export control ' Trigger List" covering gaseous diffusion enrichment components.

The NRC also is 3

restructuring portions of its regulations in order to present the provision in a clear manner.

3 EFFECTIVE DATE:

(Upon publication in the Federal Register)

FOR FURTHER INFORMATION CONTACT:

Elaine 0. Hemby, Office of Governmental and Public Affairs, U.S. Nuclear Regulatory Commis:; ion, 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.

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2 SUPPLEMENTARY INFORMATION: During the past several years, the United States and other nuclear supplier governments have engaged in discussions within the framework of the International Atomic Energy Agency's (IAEA) Zangger Committee to clarify the coverage of the international nuclear export control " Trigger List" for specially designed or prepared assemblies and components for use in gaseous diffusion enrichment plants. The purpose of the clarification is to improve the administration of export controls over these items. Recently Zangger Committee members have agreed to specify certain additional components in its control list for these nucleer components.

Currently, all specially designed or prepared gaseous diffusion enrichment assemblies and components are subject in the United States to export licensing by the NRC under its export / import licensing regulations provisions of 10 CFR 110.8(b). As a result of the Zangger Committee's action, the Department of State, as the responsible U.S. Government agency for undertaking the Zangger Committee negotiations, has requested the Commission to implement the Zangger Committee's decision by publishing an interpretative rule in the federal Register listing the new specified assemblies and components in 10 CFR Part 110.

In support of the decision to add new definitions of gaseous diffusion enrichment components, the Zangger Committee also prepared an introductory note which further clarifies the basis for exercising export controls over the equipment specified. This note reads as follows:

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l Note - Gaseous Diffusion Trigger List l

i In the gaseous diffusion method of uranium isotope separation, the main i

technological assembly is a special porous gaseous diffusion barrier, heat l

l exchanger for cooling the gas (which is heated by the process of compression),

seal valves and control valves, and pipelines.

Inasmuch as gaseous diffusion technology uses uranium hexafluoride (UFg), all equipment, pipeline and instrumentation surfaces (that come in contact with the gas) must be made of materials that remain stable in contact with Ur. A gaseous diffusion g

3 facility requires a number of these assemblies, so that quantities can provide an important indication of end use.

1 The auxiliary systems, equipment and components for gaseous diffusion enrichment plants are the systems of plant needed to feed UF, to the gaseous diffusion assembly to link the individual assemblies to each other to form cascades (or stages) to allow for progressively higher enrichments and to i

extract the " product" and ' tails" UF from the diffusion cascades. Because of g

the high inertial properties of diffusion cascados, any interruption in their operation, and especially their shut-down, leads to serious consequences.

Therefore, a strict and constant maintenance of vacuum in all technological systems, automatic protection from accidents, and precise automated regulation of the gas flow is of importance in a gaseous diffusion plant. All this leads to a need to equip the plant with a large number of special measuring, regulating, and controlling systems.

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Normally UFg is evaporated from cylinders placed within autoclaves and is i

d..tributed in gaseous form to the entry point by way of cascade header pipework.

The ' product

• and ' tails' UFs gaseous streams flowing from exit points are passed by way of cascade header pipework to either cold traps or to compression stations where the UF, gas is liquified prior to onward transfer into suitable containers for transportation or storage. Because a gaseous diffusion enrichment plant consists of a large number of gaseous diffusion assemblie arranged in cascades, there are many kilometers of cascade header l

pipework, incorporating thousands of welds with substantial amounts of repetition of layout.

The equipment, components and piping systems are fabricated to very hign vacuum and cleanliness standards.

The items listed below either ccme into direct contact with the UFs process gas or directly control the flow within the cascade. All surfaces which come into contact with the process gas are wholly made of, or lined with, UFs resistant materiais.

For the purposes of this annex the materials resistant to corrosion by UF, include stainless steel, aluminum, aluminum alloys, aluminum oxide, nickel or alloys containing 60 percent or more nickel, and UF, resistant fully fluorinated hydrocarbon polymers.

1 Waiver of Notice and Comnent Because this amendment involves a foreign affairs function of the United States, the notice and comment provisions of the Administrative Procedure Act do not apply pursuant to 5 U.S.C. 553(a)(1). The amendments are effective upon publication in the Federal Register. Good cause exists to dispense with n.

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the usual 30 day delay in the effective date because the State Department has j

requested expeditious action on this amendment in order to meet international commitments.

I Environmental Impact: Categorical Exclusion The NRC has determined that this final rule in Part 110 is the type of action described as a categorical exclusion under 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 f

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 apprend by the Office of Management and Budget under approval number 3150 0036.

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Regulatory Analysis NRC already controls exports of gaseous diffusion enrichment plants and specially designed assemblies and components thereof. The amendments are necessary in order for the nuclear export controls of the United States to be l

consistent with United States supported international nuclear export control l

guidelines. The clarification will clearly reflect the nature of the enhanced multilateral export controls of the United States for this category of

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6 equipment. No other NRC regulatory actions or alternative actions by other agencies address this matter nor are any alternative courses of action feasible. While tiie amendments impact all potential exporters of gaseous diffusion enrichment components, they are nct expected to result in any increased regulatory burden since they essentially clarify the scope of existing NRC export licensing controls. To date, NRC has neither received an application to export any gaseous enrichment componehts nor are any such applications expected in the foreseeable future.

Regulatory Flexibility Certification 1

As required by the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Commission certifies that this rule does not have a significant economic impact on a substantial number of small entities. The final rule is an interpretative rule only and, as such, does not, of itself, impose additional obligations on the pubile.

i Backfit Analysis 1

j 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 these amendments do not involve any provisions i

which would impose backfits as defined in 10 CFR 50.10g(a)(1).

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List of Subjects in 10 CFR Part 110 Admini>u elive p.actice and procedures, Classified information, Criminal penalty, Export, import, Incorporation by reference, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Scientific equipment.

J 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.

PART 110 - EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL 1.

The authority citation for Part 110 continues 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, 2074, 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).

Section110.l(b)(2)alsoissuedunderPub.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).

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i Section 110.27 also issued under sec. 309(a), Pub.L. 99 440.

Section i

110.50(b)(3)alsoissuedundersec.123,92 Stat.142(42U.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 110.30 110.35 also issued under 5 U.S.C. 553.

For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C.

2273); secs. 110.20 110.29, 110.50, and 110.120 110.129 also issued under secs. 161 b and i, 68 Stat. 948, 949, as amended (42 U.S.C. 2201 (b) and (i)); and secs.110.7a and 110.53 are also issued under sec.161(o), 68 Stat. 950, as amended (42 U.S.C. 2201(o)).

1 2.

Section 110.8 is revised to read as follows:

6110.8 List of fluclear equipment under f4RC export licensing authority.

(a) Nuclear reactors.

(b) Plants for the separation of the isotopes of source material, special nuclear material or lithium, including gas centrifuge plants, gaseous diffusion plants, jet nozzle plants, vortex plants, laser isotope separation plants, and chemical separation plants.

(c) Plants for the reprocessing of irradiated nuclear reactor fuel elements.

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(d) Plants for the fabrication of nuclear reactor fuel elements.

(e) Plants for the production of heavy water, deuterium, and deuterium compounds.

(See paragraph (f) of this section.)

(f) Any specially designed or prepared assemblies and components for nuclear reactors (see paragraph (a) of this section) and for the plants listed in paragraphs (b) through (e) of this section.

(See Appendices A, B, C, and D to Part 110 for an illustrative listing of specially designed or prepared equipment for a nuclear reactor and gas centrifuge, gaseous diffusion, and reprocessing plants.)

li10.9 (Redesignated) 3.

Section 110.9 is redesignsted as 6110.9a.

4.

A new 9110.9 is added to read as follows:

6110.9 List of Nuclear Material under NRC export licensing authoriS.

s, (a) Special Nuclear Material (b)SourceMaterial (c) Byproduct Material (d) Deuterium (e)Nucleargradegraphite

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10 Appendix B (Redesignated) t 5.

Appendix'? is redesignated as Appendix E.

Appendix A (Redesignated) 6.

Appendix A is redesignated as Appendix B.

7.

A new Appendix A is added to read as follows:

APPENDIX A'- ILLUSTRATIVE LIST OF NUCLEAR REACTOR EQUIPMENT UNDER NRC

. EXPORT LICENSING AUTHORITY.

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' Note - A nuclear reactor basically includes the items within or attached directly to the reactor vessel, the equipment which controis-the level of power in the core, and the components which normally contain"or' come in direct contact with or control the prirary coolant of the reactor I

core.

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(1) Reactor pressure vessels, i.e., metal vessels, as complete units l

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. or major shop-fabricated parts, specially designed or prepared to contain

. the core of a 'neclear reactor and capable of withstanding the operating-pressure of the primary coolant.

(2);-On-line (e.g., CANDU) reactor fuel charging and discharging

. machines, i.e., manipulative equipment specially designed for inserting or removing. fuel.in an operating. nuclear reactor.

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o (3)I Rea'ctor control rods, i.e., rods scecially designed or prepared '

for the-control of. the reaction rate in.' nuclepe reactor.

(4)

Reactor primary coolant ;m. css, d.e, pumps specially designed or f

prepared for circulating the primary cooid. n a nuclear reactor, (5) Reactor pressure tubes, i.e., tubes ',pecially designed or I

prepared to contain fuel elements and the primary coolant in a nuclear f

reactor at an operating pressure in excess of 50 atmospheres.

(6) Zirconium tubes, i.e., zirconium metal and alloys in tiie form of tubes or assemblies of tubes specially designed or prepared for use in a f

nuclear reactor.

(7) Reactor internals, e.g., core support structures, control and

,j rod guide tubes, thermal shields, baffles, core grid plates and diffuser plates specially designed or prepared for use:in a nuclear reactor.

(8) Reactor control rod drive mechanisms, including detection and

't measuring equipment to determine flux levels, o

8.

A new Appendix C is added to read as follows:

APPENDIX C - ILLUSTRATIVE LIST OF GASEOUS DIFFUSION ENRICHMENT PLANT.

ASSEMBLIES AND' COMPONENTS UNDER NRC EXPORT LICENSING AUTHORITY.

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Note - In the gaseous ciffusion method of uranium isotope separation, the main technological assembly is a special porous gaseous diffusion barrier, heat exchanger for cooling the gas (which is heated by the l-y process of compression), seal valves and control valves, and pipelines.

Inasmuch as gaseous diffusion technology uses uranium hexafluoride (UF ),

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12 all equipment, pipeline and instrumentation surfaces (that come in contact with the gas) must be made of materials that remain stable in contact'with UF,.

A gaseous diffusion facility requires a number of these assemblies,-

so that quantitfes can provide an important indication of end use.

The auxiliary systems, equipment and components for gaseous diffusion enrichment plants are the systems of plant needed to feed UF, to the gaseous diffusion assembly to link the individual assemblies to each other 1

to form cascades (or stages) to allow-for progressively higher enrichments and to-extract the " product" and " tails" UF, from the diffusion cascades.

Because of the high inertial properties of diffusion cascades, any interruption in their operation, and especially their shut-down, leads to serious consequences. Therefore, a strict and constant maintenance of vacuum in all technological systems, automatic protection from accidents, and precise automated regulation of the gas flow is of importance in a gaseous diffusion plant.

All this leads to a need to equip the plant with a large number of special measuring, regulating, and controlling systems.

Norme fly UF, is evaporated from cylinders placed within autoclaves and is distributed in gaseous form to the entry point by way of cascade header pipework. The " product" and " tails" UF, gaseous streams flowing from exit points are passed by way of cascade header pipework to either cold traps or to compression stations where the UF, gas is liquifi6d prior-to onward transfer into suitable containers for transportation or storage.

Because a gaseous diffusion enrichment plant consists of a large number of gaseous diffusion assemblies arranged in cascades, there are many a

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13 kilometers of cascade header pipework, incorporating' thousands of welds with substantial amounts of repetition of layout. The equipment,

-components and piping systems are fabricated to very high vacuum and cleanliness standards.

The items listed below either come into direct contact with the UF, process gas or directly control the flow within the cascade. All surf aces which come into contact with the process gas are wholly made of, or lined with, UF, resistant materials.

For the purposes of this appendix the materials resistant to corrosion by UF, include stainless steel, aluminum, aluminum alloys, aluminum oxide, nickel or alloys coataining 60 percent or more nickel, and UFcresistant fully fluorinated hydrocarbon polymers._

1.

Assemblies and components especially designed or prepared for use in gaseous diffusion enrichment.

1.1 Gaseous Diffusion Barriers.

Especially designed or prepared thin, porous filters, with a pore size of 100-1000 A (angstroms), a thickness of 5 mm or less, and for tubular forms, a diameter of 25 mm or less, made of metallic.

polymer or ceramic materiais resistant to corrosion by UF, and especially prepared compounds or powders for the manufacture of such filters. Such compounds and powders include nickel or alloys containing 60 percent or more nickel, aluminum oxide, or UF,-

resistant fully fluorinated hydrocarbon polymers having a purity of 9

i 14 99.9 per' cent or more, a particle size less than' 10 microns, and a high degree of particle size uniformity, which are especially prepared for the manufacture of gaseous diffusion barriers.

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1.2 Diffuser Housings.

Especially designed er prepared hermetically sealed cylindrical vessels greater than-30 in diameter and greater than 90 cm in length, or rectangular vess,.

-# comparable dimensions,'which have an inlet connection and two outlet co; nections all of which are t

greater than 5 cm in diameter, for containing the gaseous dif,asion barrier,.made of or lined with UF, resistant materials and designed 1

for horizontal or vertical installation.

l' 3 Compressors and Gas Blowers.

Especially designed or prepared axial, centrifugal, or positive displacement compressors, or gas blowers with a suction volume 3

capacit'y of 1 m / min _or more of UF,, and with a discharge pressure of up to several hundred kN/m8 (100 PSI), designed for long term -

operation in the UF, environment with or without an electrical motor of appropriate power, as well as separate assemblies of such compressors and gas blowers. These compressors and gas blowers have a pressure ratio between 2/1 and 6/1 and are saade of, or lined with, materials resistant to UF,.

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15 1.4 Rotary Shaft Seals.

'l Especially designed or prepared vacuum seals, with seal feed and seal exhaust connections, for sealing the shaft connecting the compressor or the gas blower rotor.with the driver motor so as to ensure a reliable seal against in leaking of air into the inner chamber of the compressor or gas blower which is filled with UFp Such seals are normally designed for a buffer gas in leakage rt.e of 3

less than 1000 cm / min.

1.5 Heat Exchangers for Cooling UF,.

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Especially designed or prepared heat enchangers made of-or lined l

l with UF, resistant materials (except stainless steel) or with copper L

or any combination of those metals, and intended for a leakage pressure change rate of less than 10 N/m' (0.0015 PSI)' per hour under L

a pressure difference of 100 kN/m' (15 PSI).

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2.

Auxiliary systems, equipment and components especially designed or prepared for use in gaseous diffusion enrichment.

2.1 Feed Systems / Product and Tails Withdrawal Systems.

Especially designed or prepared process systems, capable of operating at. pressures of 300 kN/mr (45 PSI) or less, including:

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Feed autoclaves (or systems), used for passing UF, to the-gaseous diffusion cascades; f

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Desublimers (or cold traps) used to remove UF, from diffusion Cascadesi 1

3.

Liquefaction stations where UF, gas from the cascade is-compressed and cooled to form liquid UF ;

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" Product" or " tails" stations used for transferring UF, into containers.

2.2 HeaderPipingSystems.

Especially designed or prepared piping systems and header systems for handling UF, within the gaseous diffusion cascades. This piping. network is normally of the " double" header system with each cell connected to each of the headers..

2;3 Vacuum Systems.

(a) Especially designed or prepared large vacuum manifolds, 3

vacuum headers and vacuum pumps having a suction capacity of 5 m / min or more.

I (b) Vacuum pumps especially designed for service in' UF,-bearing atmospheres made of, or lined with, aluminum, nickel, or alloys a

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I 17 bearing'more than 60 percent nickel. These pu'nps may be.either rotary or positive' displacement, may have fluorocarbon seals, and may 5

have special working fluids present.

2.4 Special Shut Off and Control Valves.

Especially designed or prepared manual or automated shut-off and t

control bellows valves made of UF, resistant materials with a diameter of 4 cm to 1.5 m for installation in main and auxiliary systems of gaseous diffusion enrichment plants.

2.5 UF, Mass Spectrometers /lon Sources.

Especially designed or prepared magnetic or quadruple mass spectrometers capable of taking "on-line" samples of feed, product or L

tails, from UF gas streams and having all of the followo.g 6

characteristics:

l (a) unit resolution for mass greater than 320; l

(b) ion sources constructed of or lined with nichrome or monel or nickel plated; L

(c)'electronbombardmentionizationsources; (d) having 'a collector system suitable for isotopic analysis.

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A new Appendix D is added to read as follows:

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18 APPENDIX D - ILLUSTRATIVE LIST OF REPROCESSING PLANT COMPONENTS UNDER NRC:

EXPORT LICENSING AUTHORITY.

1 Note - Reprocessing irradiated nuclear fuel separates plutonium and 3

uranium from intensely radioactive fission products and other transuranic elements.

Different technical processes can accomplish this separation.

However, over the years Purex has become the most commonly used and accepted process.

Purex' involves the dissolution of irradiated nuc1 car i

l fuel in nitric acid, followe'd by separation of the uranium, plutonium, and fission product's by solvent extraction using a mixture of tributyi phosphate in an organic diluent.

l Purex facilities have process functions similar to each other, including:

irradiated fuel element chopping, fuel dissolution, solvent extraction,-and process liquor storage. There may also be. equipment for thermal denitration of uranium nitrate, conversion of plutonium nitrate to oxide metal, and treatment of fission product waste liquor.to a form suitable for long term storage or disposal. However, the specific type and configuration of the equipment performing these functions may differ between Purex facilities for several reasons, including the type and

. quantity of irradiated. nuclear fuel to be reprocessed and the intended disposition of the recovered materials, and the safety and' maintenance.

philosophy incorporated into th6 design of the facility. A plant of the reprocessing of irradiated fuel elements, includes the equipment and components which normally come in direct contact with and directly control the irradiated fuel and the major nuclear material and fission product

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19 processing st' reams.

(1) Fuel element chopping machines, i.e., remotely operated equipment specially designed or prepared to cut, chop, or shear irradiated nuclear reactor fuel assemblies, bundles, or rods.

1 (2) Critically safe tanks, i.e., small diameter, annular or slab.

tanks specially designed or prepared for the dissolution of irradiated ~

nuclear reactor fuel.

(3) Solvent extraction equipment.

Especially designed or prepared solvent extractors such as packed or pulse columns, mixer settlers or centrifugal contactors for use in a plant 1

for the reprocessing of irradiated fuel.

Because solvent extractors must be resistant to the corrosive effect of nitric acid, they are normally-fabricated to extremely high standards (including special welding and inspection and quality assurance and quality control techniques) out of low carbon stainless steels, titanium, zirconium or other high quality materials.

(4) Chemical holding or storage vessels.

Especially designed or prepared holding or storage vessels for use in a plant for the reprocessing of irradiated fuel. Pecause holding or storage vessels must be resistant to the corrosive effect of nitric acid, Lthey are normally fabricated of materials such as low carbon stainless-steels, titanium or zirconium, or other high quality materials. Holding-or storage vessels may be designed for remote operation and maintenance and may have the following features for control of n clear criticality:

-(i) Walls or internal structures with a boron equivalent of at least k

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'1 20 2 percent, or (ii) A maximum diameter of 7 inches (17.78 cm) for cylindrical vessels, or (iii) A maximum width of 3 inches (7.62 cm) for either a slab or annular vessel.

(5) Plutonium nitrate to plutoniun oxide conversion systems.

0;..nplete systems especially designed or prepared for the conversion of ~

_ plutonium nitrate to plutonium oxide, ir, particular adapted so as to avoid criticality and radiation effects and to minimize toxicity hazards.

(6) Plu*.nium metal production systems.

Complete systems especially designed or prepared for the production of plutonium metal, in particular adapted so as to avoid criticality and radiation effects and to minimize-toxicity hazards.

(7) Process control instrumentation specially designed or prepared for monitoring or controlling the processing of material in a reprocessing plant.

Dated at Rockville, Maryland, this 13ttday of July,1990.

For the Nuclear Regulatory Commission.

/

W.,_ MD m s M. Taylor //

E cutive Director for Operations.

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NUCLEAR REGULATORY COMMISSION o

5 WASHING TON, D. C. 20655 A.....J The Honorable Bob Graham, Chairman Subcomittee on Nuclear Regulation Committee on Environment and Public Works Unites States Senate Washington, DC 20510'

Dear Mr. Chairman:

4 The U.S. Nuclear Regulatory Commission (NRC) has sent.to the Office of the Federal Register for publication the enclosed amendments to the Commission's export regulations in 10 CFR Part 110.

Recently the members of the multilateral NPT Nuclear Exporters Group (the Zangger Committee) accepted a clarification to the international export control " Trigger List" regarding the coverage of gaseous diffusion technology.

As a-result, the Department of State, as-the= responsible U.S. Government agency for undertaking the Zangger Committee negotiations, requested the Commission to implement the Zangger Committee's decision by publishing an interpretative rule in the Federal Register listing the new specified p

components in 10 CFR Part 110.

Accordingly, the Commission has added to the NRC export regulations new L

definitions for specially designed components for use in a gaseous diffusion enrichment plant to reflect this clarification. The purpose of the l

l clarification is to improve the administration of export controls over these i

items. The rule is an interpretative rule only.

I:

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'The Executive Branch concurs in the amendments.

The amendments are not inimical to the common defense and security of the United States, do not constitute an unreasonable risk to the public health and safety, and are consistent with the provisions of the Atomic-Energy Act of 1954, as amended by the Nuclear Non Proliferation Act of 1978.

Further, the amendments are not inconsistent with the obligatiens of the United States under any treaty or international arrangements, including the Treaty on the

' Non-Proliferation of Nuclear Weapons.

Sincerely,

/

Harold R. Denton, Director Office of Governmental' and Public Affairs

Enclosure:

As: stated i

cc w/ enclosure:

The Honorable Alan K. Simpson

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The Honorable Morris K. Udall, Chairman.

, Subcommittee on Energy and the Environment Committee on Interior and Insular Affairs United States House of Representatives

-Washington, DC' 20515

Dear Mr. Chairman:

i The U.S. Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal Register for publication the enclosed amendments to the Commission's export regulations in 10 CFR Part 110.

L

'Recently the members of the multilateral NPT Nuclear Exporters Group (the

(

Zangger Committee) accepted a clarification to the international export L

control " Trigger List" regarding the coverage of gaseous diffusion technology.

i-

. As a result, the Department of State, as the responsible U.S. Government l.

agency for undertaking the Zangger Committee negotiations, requested the L

Commission to implement the Zangger Committee's decision by publishing an interpretative rule in the Federal Register lis.ing the new specified L

components in 10 CFR Part 110.

Accordingly, the Commission has added to the NRC export regulations new

'def.initions for specially designed components for use in a gaseous diffusion enrichment plant to reflect this clarification. The purpose of the clarification is to improve the administration of export controls over these items. The rule is an interpretative rule only.

1 The Executive Branch concurs in the amendments, o

Lo The amendments are not inimical. to the sommon defense and murity of the United States, do r.at constitute an unreasonable risk to the. pu.'lic health and safety, and are consistent with the provisions of the Atomic energy Act of 1954, as amended by the Nuclear Non-Proliferation Act of 1978.

Further, the amendments are not inconsistent with the obligations of the United States R

under any treaty or international arrangements, including the Treaty on the.

I Non Proliferation of Nuclear Weapons.

Sincerely,

/Y Harold R. Denton, Director Office of Governmental and Public Affairs L

Enclosure:

As stated cc w/ enclosure:

The Honorable James V. Hansen

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UNITED STATES

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. NUCLE AR REGULATORY COMMISSION 5

W ASHINGTON, D. C. 20555 i

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The Honorable Philip Sharp, Chairman Subcommittee on Energy and Power Committee on Energy and Commerce United States House of Representatives Washington, DC 20515-

Dear Mr. Chairman:

The U.S. Nucl ar Regulatory Commission (NRC) has sent to the Office of the-Federal Register for publication the enclosed amendments to the Commission's export regulations in 10 CFR Part 110.

Recently the members of the multilateral NPT Nuclear Exporters Group (the Zangger Committee) accepted a clarification to the international exp;rt control ' Trigger List" regarding the coverage of gaseous diffusion technology.

A: a result, the Department of State, as the responsible U.S. Government

@ ncy for undertaking the Zangger Committee negotistions, requested the Comission to implement the Zangger Committee's decision by publishing an W3 interpretative rule in the Federal Register listing the new specified components in 10 CFR Part 110.

Accordingly, the Commission has added to the NRC export regulations new definitions for specially designed components for use in a gaseous diffusion enrichment plant to reflect this clarification. The purpose of the clarificat!on is to improve the administration of export controls over these items. The,ule is an interpretative rule only.

The Executive branch concurs in the amendments.

The amendments are not inimical to the common defense and security of the United States, do not constitute an unreasonable risk to the public health and safety, and are consistent with the provisions of the Atomic Energy Act.of 1954, as amended by the Nuclear Non-Proliferation Act of 1978.

Further, the amendments.are not inconsistent with the obligations of the United States under any treaty or international arrangements,-including the Treaty on the Non-Proliferation of Nuclear Weapons.

Sincerely,

/k Harold R. Denton, Director Office of Governmental and Public Affairs

Enclosure:

As~ stated cc w/ enclosure:

The Honorable Carlos Moorhead

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