ML20148G770
| ML20148G770 | |
| Person / Time | |
|---|---|
| Issue date: | 03/29/1988 |
| From: | NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| FRN-52FR47207, RULE-PR-110 NUDOCS 8803290220 | |
| Download: ML20148G770 (8) | |
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.;d NUCLEAR REGULATORY COMMISSI(N 10 CFR Part 110 Imports of Uranium from South Africa AGENCY: Nuclear Regulatory Comis sion.
ACTION:
Fi nal rule.
SUMMARY
- The Nuclear Regulatory Comission (NRC) is amending its regulations
.concerning the import of uranium from South Africa under general license.
This action is necessary to implement the provision of the Comprehensive Anti-Apartteid Act of 1986, enacted October 2,1986, which prohibits the import "nto the United States of uranium ore and uranium oxide produced 6r manufactured i
in South Africa.
The amendment revises the general license regulations to delete the general imprt license with ms'pect to such material.
EFFECTIVE DATE:
Decen:ber 31, 1986 FOR FURTHER INFORMATION CONTACT:
Elaine 0. Hemby, Office of International Programs, U.S. Nuclear Regulatory Comission, Washington, DC 20555, (301) 492-7984 or Joanna M. Becker, Office of the General Counsel, U.S. Nuclear Regulatory Comission, Washington, DC 20555, (301) 492-7630.
SUPPLEMENTARY IllFORMATION:
1.
BACKGROUND On October 2,1986, Public Law 99-440, the Comprehensive Anti-Apartheid Act of 1986 ("the Act"), was enacted to establish a framework to guide the efforts of the United States to help to end the apartheid system in South Africa and to 8803290220 080329 PDR PR 110 PDR
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assis t in the establishment of a nonracial, democratic form of government in that country. The Act imposes a wide range of measures against South Africa to undermine apartheid including a ban on the importation of uranium ore and oxide "produced or manufactured" in South Africa. The Treasury Department, in
- Executive Order 12571 of October 27, was delegated authority in the Executive Branch to implement the Act's provisions on the importation of uranium (Section 309(a)).
The NRC, which has independent regillatory authority under the Atomic Energy Act over the import of uranium, must also implement provisions in its regulations to conform with the requirements of the Act and ensure these provisions are parallel to the provisions of the Treasury Department's regulations.
South Africa, as used in the Act, includes the Republic of South Africa; any territory under the administration, legal or illegal, of Suuth Africa (including Namibia); and the "bantustans" or "homelands", to which South African blacks are assigned on the basis of ethnic origin, including the Transkoi, Bophuthatswana, Ciskei, and Venda.
PR0HIBITION ON IMPORTS l
Section 309(a) of the Act prohibits the importation into the United' States of
. uranium ore and uranium oxide that is preduced or manufactured in South Africa.
l The NRC's import regulations in 10 CFR 110.27 currently permit a person to l
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import byproduct material or unirradiated source or special nuclear material, including uranium ore and uranimi oxide, from any country under general license if the consignee in the United States is authorized to possess the material. To implement section 309(a), the NRC is anending its regulations in 5110.27 to delete the general license with mspect to the import of uranium ore and uranium oxide produced or nanufactured in South Africa. The NRC has interpreted Section 309(a), as it pertains to uranium, to mean only that uranium mined in South Africa and that uranium oxide manufactured in South Africa.
Further, NRC has concluded Section 309(a) does not prohibit the import into the Ur.i ted States of other forms of uranium produced in South Africa, including uranium hexafluoride (UF6), or any other uranium of South African origin which has been "substantially transformed" in a third country.
For example, the importation of South African origin uranium which has-been isotopically enriched or converted to UO2.. metal in a third country would not be prohibited from import under the general license.
Accordingly, a person may continue to import thesecategoriesofuraniumunderthegenerallicensein$110.27.
The NRC's revised general license regulations do rot relieve a person from complying with any other applicable laws or regulations.
A person wishing to import South African origin uranium which is no longer permitted for import under the general license in 110.27 may submit a specific l'.ense request to im;Drt such material to the NRC for consideration.
Because this rulemaking action involves a foreign affairs function of the United States, notice of proposed rulemaking, public procedure, and delay in effective date thereon are not required by the Administrative Procedure Act (5 U.S.C.
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~d553(a)(1)). Because no notice of proposed rulemaking'is required for this rule, the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., does not apply.
The Act requires that the rule must be made effective December 31, 1986.
ENVIRONMENTAL IMPACT:
CATEGORICAL EXCLUSION The NRC has determined that the final rule in Part 110 is the type of action described in 10 CFF. 51.22(c)(1). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared.
PAPERWORK REDUCTION ACT STATEMENT The NRC has determined that the amendments to Part 110 in this regulation drethetypeofactiondescribedin10CFR51.22(c)(1).
Therefore, neither an environmental impact statement nor an environmental assessment has been prepared-l for this regulation.
f REGULATORY ANALYSIS j
The Commission has prepared a regulatory analysis of this final regulation.
The analysis examines the costs and benefits of the regulation. The analysis is available for inspection in the NRC Public Document Room, 1717 H Street, NW, Washington, DC.
Single copies of the analysis may be obtained from Elaine Hemby, Office of International Programs, U.S. Nuclear Regulatory Commission.
l Washington,DC20555, telephone (301)492-7984.
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BACKFIT The NRC has determined that the backfit analysis provisions'in 10 CFR t
50.109 do not apply to amendments to 10 CFR Part -110 because Part 110 applies only to the export and import of nuclear facilities, material and components and does not deal with domestic facilities. Therefore, a backfit analysis has
-not been prepared for this amendment.
t LIST OF SUBJECTS IN 10 CFR PART 110 Administrative practice and pro'cedure, Classified information, Export, import, Incorporation by reference, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Penalty, Reporting and i
recordkeeping requirements, Scientific equipment.
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.Pursuar;t to Section 309(a) of Public' Law 09-440, 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 following amendment'to 10 CFR Part 110 is published as a document subject to codification.
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6 PART 110 - EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL 1.
The authority citation for Part 110 continues to read as follows:
AUTHORITY: Secs. 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).
Section 110.1(b)(2) also issued under Pub. L.96-533, 94 Stat. 3138 (42 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) of Public Law 99-440.
Sectior 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 'ander l
l 5 U.S.C. 552, 554.
Sections 110.130-110.135 also issued l
under 5 U.S.C. 553.
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7 Section 110.27 is revised to read as follows:
1110.27 Imports,.
(a) Except as noted in paragraph (b) of this section, a general license is issued to any person to import byproduct, source, er special nuclear material if the consignee is authorized to possess the material under:
(1) A cortract with the Department of Energy; (2) An exemption from licensing requirements issued by the Commission; or (3) A general or specific licenst issued by the Commission or a State with which the Commission has entered into an agreement under Section 274b. of the Atomic Energy Act.
(b) The general license in paragraph (a) of this section does not authorize:
(1) The import of source or special nuclear material in the form of irradiated fuel that exceeds 100 kilograms per shipment; or (2) The import of uranium ore and uranium oxide produced or manufactured in South Africa. As used in this section, "South I
Africa" includes the Republic of South Africa; any territory under the administration, legal or illegal, of South Africa (including Namibia); and the "bantustans" or "homelands",
to which South African blacks are assigned on the basis of ethnic origin, including the Transkei, Bophuthatswana Ciskei, 1
and Venda.
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8 (c) Any person importing special nuclear material under this general license shall provide advance notification of imports to the Commission as specified in 73.27 of this chapter.
Dated at Washington, D.C, this day of
, 1986, For the Nuclear Regt,atory Comission, Samuel J. Chilk Secretary for the Comission 9
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