ML20148H135

Rules & Regulations Part 110, Export & Import of Nuclear Equipment & Matl

ML20148H135
Person / Time
Issue date:	05/31/1985
From:	NRC
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References
RULE-PR-110-MISC NUDOCS 8803290327
Download: ML20148H135 (17)

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. ,t UNITED STATES NUCLEAR REGULATORY COMMISSION 1 .

' ' RULES and REGULATIONS TITLE 10. CHAPTER 1. CODE OF FEDER AL REGUI.ATCNS-ENE".GY PART EXPORT AND IMPORT OF NUCLEAR EQUIPMENT jjQ AND MATERIAL Subpart A-Ceneral Provialona b Pmedum fee CessWeed 54sn G-Ylesee.eas eed Infeesement lafeemenea la 14eednes I" 110 60 Violations.

1101 Purpose and secpe- 11061 Nouce of violanon. 110.120 Pxpose and scope.

110.121 Leeurity ejearances and access to 110.2 Deftrutions. 110.62 Order to shoe esuse.

110.3 Interpretahons 110 63 Order for resocation, suspenston, of 110 4 Inquines modification. 110 m i pent ty H 0 m N e of m W M m M 110 5 tacense regarements. fied informauon.

110 6 Retransfers. 110 64 I:nforcement heartng M 124 marrangent or suspens4n of a 1107 Information cdettaon requirements hearing.

OMB appros at SybpeN M-Pyblic NotiNetion end Avelleb414ty 110.125 Unclassified statements required 110.4 List of nuc! car equipment and malenal of Deewmeaes end Buerds 110.126 Protecuon of clasatfied informs.

h under NRC esport bcens.ng authorit3 110 9 Ust of euclear equ p'nent and material llo 10 Notlee of receipt of an appucation Svbeen L-avie wing under NRC imPoft hcenseg authonty.

Mee M Mdraw of an amea tion. 110 130 Intuation el rule making.

Subpart 5-4:emptona 110 72 As allabihty of documents in the 110.131 Peution for rule making Pubhe Document Room. 110 132 Commission action on a peuuon.

11012 Ceneral. 110.73 Asallabilsty of NRC re-ortis. 110.133 Nouce of proposed rule making.

11011 E. sport of LaLEA safeguard samples 110.134 Pubbe participation.

Sybped 6-Public PerHeipenen Procedveen 110.135 Nouce c.! rule making.

Subpart C-Ceneral Lscenses concerasas Licea** Appuce#eas Anmix A-ust of nuclear equipment 110 20 Central and material under NRC esport/tmport Il-110 21 Esport of spedal nuclear material censing authority.

110 80 Basts for heartngs.

110 21 Esport of source maienal. 110 81 Wrttten comrnent, Anm3x B-Categorizauon of nuclear 110 23 Espert of b) prod 1ct mi.tenal 110 82 Hearing request or intersenuon pe. matertal.

110 24 Esport of deuterrum. tition Arnnla C- (oeseted!

110 25 Euport of nuclear grade grath ne ^^ "' ^

ll% C ni as on $$$ ' n oa hearing re.

110 26 Espo't of nuclear reactor components , uest or intenenuon peuuon.

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11D 27 trnporis. 110 s5 Nnuce of hearing consisting of evit- Authoriri: Sec.51 53. 54. 57. 63 64. ES 81.

110 28 E:t.tiaegoed destinahone ten comments. 82.103.104 109.111.125.127.128.12A 161.

110 29 Rtitncted deshnahons 110 86 Nouce of oral heanns-Subpart D-Appucat6one for Spectflc dit ons in a no e order, ,181.182.

g ,g g ,183.18'.189' 68 Mat95f 97 gg 953.954.955. 929.an930. M1'

"'" amended (42 U.S C 231. 20 3. 20?4. 20r7.

110 89 Mhne and aerslet S 110 90 Computation of time. 2092-2095. 2111, 2112. 2133, 2154. 2139. 21394, 110 30 Fihng hcense appheaucns. 2141.21M-2158,2201.2231-2233.2237,12391 110el Commission consultauons.

11<3 31 Informhon required Fa hcense sec. 231,68 Stat.1242, as amended (42 U S C arphcations tw J-Meerlags 9437 htwrt E-Revigw of ucense App 4catus 110.100 Pubbe heart..gs. O Section 110(bH2) also issued under Pub L

• 10 40 Comm.smn reue,.  !!0 101 Filing and aeruce.  ;; W533. 64 SML 3134 (22 U S C 2403) Sscuon 110 102 Heansig docket. '* 11011 also issued under see 122 68 Stat. 939 h13 4 h Entsu"s e iirrech rtst#w

):3 42 Es;. ort 1. censing cntena 110 103 Acceptance of hearing documents. [ (42 U *., C 2152) and secs. 54c. and 5?d to Pres f en 110 43 543 5.csl secur:ty st"'dards lf R, } and ooen of W g Stat 4?3. 475 (42 U.S C. 2c74) Sect on

• * " "'E 110 44 !ssoance oc denist of Mcerises ensiding officer in an oral hearing.

110 45 ConMt readt43 in terwaton of Il0 INi Partselpation in a heving. Stat.142 (42 U.S C 21531 Sect on 110 51 also r.uticar esports 110 107 Presentauon of testimony in an issued under see 164. 68 Stat 954 as W hearing amended (42 U.S C. ?2341. Section 110 52 also 1100s Ar.r carance tr an oral he.rtng lasued under sec.186. 68 Stat. 955 (42 U.S C.

110 109 Wtecns and requesta. 2236) Sections 110 84110113 also issued (vopoet 41senne 'ee*s end to.e'ed llc 110 De f a ult. under S U.S C. 552. 554 techons 110130-Preceeam a 110 til Waner of a rule or regulabon. 110135 also issued under 5 U S C 553 110 112 fleporter snd tranacript for en oral For the purpose of sec 223. 68 Stat 958 as gg I tu 51 Arrend ems. )li [13 Commission ac m a amendet 142 U.S C. 22?3). Ii 110.20-110 29.

110 52 Resocation suppension, and neocih 110 50. e nd 110120-110129 also issued unde r ceuon secs if1ti and i. 68 Stat. 948. 949, as 110 M mied States addrass r.reerds. and amenJed (42 U $ C 22m(b) and til. and intpecttosw l 11C 53 also issved under sec 1610 68 Stat.

950. as amended (42 U.S C. 221(c))-

May 31,1985 i

1 110 1 caO3290327 OSOSM PDR PH "DR 110

I

'110,1 110,2 g

PART 110 0 EXPORT AND IMPORT CF NUCLEAR ECUIPMENT AND MATERIAL

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Subpert A-Genere! Provisions "Effective kilograms of special

• Nuclear grade graphlte" means nuclear material" means: graphite with a boron equivalent content i 110.1 Purpose end scope. For plutonium and uranium.233, ofless than 5 parts per million and )

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(a)The regulations in this part their weight in kilograms; density greater than 1.5 grams per cubic presenbe licensing. enforcement, and For uranium enriched 1 percent centimeter.

I rulemaking procedures and enteria, or greater in the isotope U.235,it.s ele- "Nuclear reactor" meus an ap-I under the Atomic Energy Act,for the ment weight in kilograms multiplied paratus, other than an atomic weapon k export of nuclear equipment and by the square ci its enrichment ex- or nuclear explosive device, designed

• pressed as a decimal weight fraction; or used to sustain nuclear fission in a material. as set out in i 110.8. and the and self supporting chain reaction, import of nuclear equipment and For uranium ertriched below 1 "Packaging" means one or more matenal as set out in i 110 9. percent in the isotope U 235, its ete- receptacles and uTappers and their (t)) The regulations m this part apply ment weight in kilograms mult'pl ed contents, excluding any special nucle.

to all persons in the United States by 0.0001. Er material, source material or byprod.

except:(1)The Dr 'artments of Defense "Executive Branch" means the uct material, but including absorbent and Energy for ac ities authorized by Departments of State Energy, De- material, spacing structures, thermal sections 54.65. 82, and 91 of the Atomic fense and Commerce and the Arms , insulat19n, radiation shielding, devices Energy Act,except when the Control and Disarmarnent Agency,"Export" cal means export from shock, external the ~gneutron fittings, for cooling aad for a DeE'rtment of Ene.rIY seeks an export United States. '

moderstors. nonflasile neutron absorb-

"Generallicense"meana an export or E ers and other supplementary equip-ergy Ac (2 pe ons o p uranium depleted in the isotope 235 and import license effective withou t e  ; ment. ,, ,,

incorporated in defense articles or fihng of a specific app ication e identified in a hearing notice or other Commission or the issuance oflicensing commodities solely to take advantage of Commission order, who takes part in a high density or pyrophoric dxuments to a particular person. hearing conducted by the Commission characteristics as authorized by section "High enriched uranlum" means under this part, including any person 110 of the International Security and uranium enriched to 20 pe: rent or to whom the Commission grants a Development Cooperation Act of 1980,i greater in the isotope uranlurn.235. hearing or leave to intervene in an "Import" means import into the export or import 11eensing hearing, 3 and (3) persons who lmport deuterium. United States. either u a matter of right or u a

nuclear grade graphite or nuclear matter of discretion.

"IAEA" means the International E z ion fa t es Atomic Energy Agency.

• Person" means any individual.

• E The phrase "introduced into a corporation, partnership, firm, I 110.2 Dennitions.  : hearing" means the introduction or in association, trust, estate. institution, As used in this par , e corporation of testimony or documen. I group. Government agency other than "Agreement for cooperation,'

means any agreement with another [e ing'tary matter into the record of a hear

• I the CommisCon or,with nspect to nation or group of nations concluded * "' ""*'O' I N ""I under section 123 of the Atomic "License" means a general or spe ! State or' political entity within a State:

Energy Act, u amended. cific export or import license issued $ any fweign gournment w pohtical }

pursuant to this part.

" Atomic Energy Act" means the "Licensee" means a person au. entity of such government; and ar.y Atomic Energy Act of 1954, u amend thorired by a specific or a general 11 authorized representative cf the ed (42 U.S C. 2011L eense to export or import nuclear foregoing.

"Byproduct materist" metro ra. equipment or material pursuant to I "Physical security" means mens-dioactive material (exceot special nu- this part. ures to reasonably ensure that source clear material) produced by exposure "Low. enriched uranium" means or special nuclear material will only be to the radiation incident to the proc- uranium enriched below 20 percent in used for authorized purposes and to ess of producing or using special nucle

• the isotope uranium 235. prevent thef t or sabotage.

Er material. "Non nuclear seapon State" "Cla ssified information" means means aro State not a nuclear weapon "Production facility" means ariy Nitional Security Information classified the nuclear reactor or plant specIslly de-under Executive Order 12356. State as defmed in of Non Proliferat'on theNuclear Treaty on,eap' w signed or used to produce special nu.

"Commission" means the United ons. "Nucicar weapon State ' means clear material thiough the irradiation States Nuclear Regulatory Commis. any State whleh hu manufactured W of source material or special nuclear slon or its duly authortred representa. and exploded a nuclear aespon or th es. other nuclear explosive devlee prior to :, material, the separation of isotopes or January 1,196't.

"Common riefense and security" means the common defense and secu.

"Non Proliferation Act,' means [ the chemical ed soaree,or reprocessing special nuclear material. of irradia the Nuclear Non Proliferation Act of ,e means the . Public Document Room" rity of the United States. place at 1717 H Street NW.,

"Deuterium" means deuterium 1978 (Pub. L. 95442)- Wuhington. D.C., uhere public rec-and any deuterium compound, includ. "Nii" meena the Treaty on the Non- ords of the Commission are ordinarily ing heavy water,in chleh the ratto of Prohferation of Nuclear Waspons (TIAS available for inspection.

deuterium atoms to hydrogen atoms 6839). "Public health and safety"

( exceeds 1:5000. "NRC records" means any docu. means the public health and safety of mentary material made by, in the pos- the United States.

session of, or under the control of the "Retransfer" means the trans-Commission undtr Federal law or in port from one foreign country to an-connection with the tranuction of other of nuclear equipment or nuclear public business as evidence of any of material previously exported from the the Commission's activities. United States, or of special nuclear Wee espons are avb,ect to de entrots of the material produced through the use of sw. Depa iment end the comerce Depa'tmeni source material or special nrelear ma-undet the sewal sulhonty of the Afff a UF0ft (gygg} ppgyjQug}y ggpQr(gd jf0m (hg Comrol Act and the bpert Admmmtat.en Act The United States.

Camme*ce Deganment steo bee emport Lcens na eethoat) es et add tional avriear related commod. ties exh se adtenced compute o tMs I tirconum and be%e August 29.1986 (reset) 110 2 l

l

110.2 110.8(c)

PART 110 0 EXPORT AND IMPORT OF NUCLEAR E2UIPMENT AND MATERIAL "Sealed source" means any spe. material listed in I 110 9, unless (5) Reactor pressure tubes,i e. tubes cial nuclear material or byproduct ma. authorized by a general or specific specially designed or prepared to tenal enca. sed in a capsule desirTied to bcense issued under this part. contain fuel elements s.nd the pnmary prevent leakage or escape of that nu- coolant in a nuclear reactor el an clear material. operstmg pressure in euess of 50 "Secretary" means the Secretary atmospheres.

of the Commtaslon. { 110.6 Retrenefera.

trnm)"Source material" means: (a) Retransfer of any nuclear (6) Zirconiam tubes. t.e, strconium Uranlum or thorium, other than equipment or material listed in l 110.8. metal and alloys in the form of tubes or

- special nuclear material; or includmg spnial nuclear matenal assembbes of tubes specially designed

• Ores ahlch contain by weight or prepared for use in a nuclear reactor.

produced through the use of U.S. origin 0 0.05 percent or more of uranium or source material or special nuclear (7) Reactor internals. e g core support a thorium, or any combination of these. material, requires authorization by the structures, control and rod guide tubes, 1al nu ar at 1' Department of Energy, unless the export thermal shields. baffles. core and plates h p{ ,

nium enriched above 0.711 percent by to the new destination is authorized and diffuser plates specially designed or s'elght in the isotope uranium 235. under a specific or generallicense or en prepared for use in a nuclear reactor.

"Specifle lleense" means an exemption from licensing requirements. (8) Reactor control rod drive export or import lleense issued to a Under certain agreements for mechanisms, including detection and named person upon an application cooperation, Departrnent of Energy measuring equipment to determine flus filed pursuant to this part. authorization is also required for the let els.

"Trarisfe " means the transfer retransfer of special nuclear material (9) Any other components specially of possession from one person to an. produced through the use of non.U.S . designed or prepared for use in a T abport" neans the physleal supplied nuclear material in U.S.. nuclear reactor orin any of the (QQ movement of material from one loca, supphed utihtation faci!ities. components described in this pragraph.

tion to another. (b) Requtsts for anthority to retransfer (b) Plants for the separation of the are processed by th. Department of isotopes of source material. special 2 also desYorr ou dsn ue

"' Energy, Office of International Nuclear and Non Prohferation Policy, nudear material or hthium, and components for those plants as follows:8 a chington. D C. 20585. (1) Uranium hexafluoride (LT.)

E containmg trit um m which the ratio of a i 110.7 Information ootection corrosion resistant vah es.

g tritium to h drogen b) atoms exceeds requirementa 0 48 approval- (2) Units capable of separating

{, isotopes of source matenal, special

" The Nuclear Regulatory Commission

• has submitted the information collection g nuclear material or bthium, such as: (i)

"United States" when used n a I requirements contained in this part to  :' Ga s centnf ages. (ii) jet nozzle geographical sense meludes Puerto Rico [ the Office of Management and Budget  ; separation units. (iii) vortea separation and all territories and possessors of the * (OMB) for approval as required by the * 'inits, and (iv) laser isotope separation United States Paperwork Reduction Act of1963(44 $ units

( U.S C. 3501 et. seg ). OMB has approved (3) Uranium hexafluoride (UF.)

"Utiltzation facility" means any .be information collection requirements corrosion resistant exial or centrifugal in H 11026.110.30.110.31.110 60 and compressors and specia!!y designed or 5 p oduc for f I and the fol

ing major components ci a nuclear re. 110.53 under control number 3154 0036. prepared seals for those compressors.

e actor: and has approved the use of Form NRC- (4) Gaseous diffusion barriers

• Pressure vessels designed to con. 7 se referenced in l 110 30. under specially designed or prepared for use in l

$ tain the core of a nuclear reactor; control nurrber 3150-0027. No other separatmg isotopes of source material.

l Primary coolant pumps. icformation collection requirements are special nuclear material or hthium.

l Puel charging or discharging ma- contained in Part 110 (5) Caseous diffuser housings chines; and specially designed or prepe ed for use in Control roda. I 110.8 Ust o* Nc6aer equipment and plants for separatmg isotopes of source A utilization fact!!ty does not include matarta' under NAC expott scenain9 ma terial. special nuclear ma terial or ti.e steam turbine generator portion of authorny. hihium.

,,a cuclear power plant. (sl Nuclear reactors and parts and (6) Heat exchangers specially l T'*l 110.3 Interpretations. components for nuclear reactors as designed or prepared for use in gaseous

'

• Except as authorized by the Com. follows: diffusion plants.

l 3 mission in stlting, no interpre tation of (1) Reactor pressure vessels. l.e., (7) Any other components speciall)

E the meaning of the regulations in this :netal vessels, as complete units or designed or prepared for use in an

[ part other than a written interpreta. major shop.fabncated parts, specially isotope separation plant or in any of the n tion by the Cornmission's General designed or prepared to contam the core components desenbed in this paragraph

• Counsel is binding upon the Commis- of a nuclear reactor and capable of

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Lalon. withstandmg the opeiating pressure of the pnmary coolant. (c) Plants fo* the reprocessing of (2) On.ime (e g , CANDU) re actor fuei irradiated nuclear rea: tor fuel elements j inquiries concerning this part should charging and discharging machines,i e., O and components for those plants as

; be addressed to the Office of the py;,, p ,p g g g [ot;ow o

" I "#*** ""'

kn i e t o a Safe a ds U # "8 "' "

in an perating nuclear reactor."8 "

" "I '

i e., remotely operated equipment 8 Nuclear Regulatory Commission, e specially deogned or pepared to cut.

I Washingtort, D C. i >555 (telephone (301) (3) Reactor control rods. I e., rods I

specially desiFned or prepared for the chop. or shear irradiated nuclear reactor

' 492,-45%

, 3 ,3 y,,n,,or 492-7964).

,,,j,,,,ng, control of the reaction rate in a nuclear fuel assemblies bundles. or rods n ector.

Except as provided under Subpart B.

r.o person may export any nuclear , g (44) Reap ctor pri y ary c la t pumps.

I equipment or matenal beted in i 110 8. pumps F" l p,repared for circulating the primary mponem.

% ,,, %of,,,, a s,u une m, f.ee m,%ewmeni g um or import any nuclear equipment or coolant in a nuclear reacter. sme ! cmne m vs. p ..rerk 110 3 August 29,1986 1

1 1

• 110.8(c) PART 110 0 EXPORT AND IMPORT CF NUCLEAR EUIPMENT AND MATERIAL (2) Criticality safe tanks. l.e., sma'l diameter, annalar or slab tanks specially I designed or prepared for the dissolution of irradiated nuclear reactor fuel.

(3) Soh ent ettraction muipment.

Especially designed or prepared solvent extractors such as packed or pulse columns, mixer settlers or centrifugal contractors for use in a plant for the reprocessing of irradiated fuel. Because sohent extractors must be resistant to the corrosive effect of nitric acid, they are normally fabrisated to extremely high standards (incleding special wield:ng and inspection and quality assurance anil quality control techn!que:J out oflow carbon stainless '

steels, titanium, sitconium or other hiah quality materials.

(4) Chemicalholdmg or storege s essels. Especially desigt.ed or prepared ho! ding or storage vessels for use in a plant for the reprocessing ofinadiated fuel. Because holding or storace vessels must be resistant to the cor me effect of nitric acid, they are normally fabricated or materials such as low carbon stainlets etcels, titanium or tirconium. or other high quahty 0 materials. Holding or storage vessels j may be designed for remote operation g and maintenance and may have the

$ following features for control of nuclear 3 criticahty:

(1) Wells or internal structures with a i boron equivalent of at least 2 percent, or (ii) A maximum diameter of 7 inches (17.78 cm) for cyhndrical vessels, or fili) A maximum width of 3 inches (7.62 cm) for either a slab or annular vessel.

(S} Plutonium nitrate to plutonium oride conversion systems. Complete s) stems especially designed or prepared for the conversion of plutonium nitrate to plutonium oxide, in particular, adapted so as to avoid enticality and radiation effects and to minimite toxicity hasards.

(G) Plutonium metalproduction systems. Complete systems especial'y designed or prepared for the production of plutonium metal. In particular adapted so as to avoid criticality tnd radiation effects and to minimize toxicity hazards.

(7) Process controlinstrumentation specially designed or prepared for monitorir3 or controlhng the processing of metenalin a reprocessing plant.

(8) Any other components specially designed or prepared for use in a r* processing plant or in any of the components desenbed in this paragraph.

110 3a May 31,1985 eest eene is tmai

I l 0.8(d; 110.23(a) -

PART 110 0 EXPORT AND IMPORT OF NUCLEAR ECUtPMENT AND MATERIAL (d) Plants for the febncation of Subpart C-General Uconoes any one country.

nuclest reactor fuel elements and (2) Special nuclear materialin facl specially designed or prepared parts and $ 110.20 Gemral elements as replacements for damaged components for 11 one phnts. (a)In response to a petition or on its or defective unireadiated fuel elements (e) Plants for the proouction of heavy own initiative, the Commission may previously exported under a specific water. deuterium and deuterium issue a generallicense for export or heense, subject to the same terms as the compounds and speciaUy designed or import if it determnes that any exports original export license and the condit on prepared parts and components for or imports made under the general that the replaced fuel elements must be those plants. license will not be inimical to the returned to tM Uruted States w. thin a (f) Special nuclear material. common defense and secunty or reasonable tirne penod.

(g) Source matenal. constitute an unreasonable nsk to the (h) B) product material. pubbe health and safety and otherwise 5 110.22 hport W aource materiet (i) Deuterium. meet apphcable statutcry requirements (a) A general bcense is issued to an)

(j) Nuclear grade grcphite. (b) All generallicertses will be person to excort the fo* lowing to any 9 110.9 Uet ohsuctear equipment and coordmated with the Executive Branch country not listed in ( *.10.28-matertal under MC import hoensing and will be eubject to rulemaking (1) Uranium or thorium in any

• • "Y - proceedings uader Subpart 1 aubstance in concentrations of less than (a) Production and utilization (c) A generallicense does not relieve 0.05 percent by weicht.

facihties. a person from complying with the (2)1}.orium in incandescer.t gas r e mate i 1 '.tions of othu Gownmut mantles or in alloys in concentrahons of agmcies apphcable to expor+s or 5 percent or less.

(d) B> product material. imports under their authority. (b) A general Lcense i. issued to any Subpart B-Ezomptions (d) A generallicense for export may person to export urardum or thecium in not be used if the exporter know6. or has ; individual shipments of10 kilograms or l 110.10 General reason to beheve. that the matenal will ( less to any country not hsted in 1110.28 (a)In response to a request or on its be used in any activity related to isotope a or i 110 29. No person may export more own initista e the Commission may separation, thentical reprocessmg.

• than 1,000 kilograms per ) ear to any one grant an exemption from the regulations heavy water production or the  ; coun g in this part. ifit determines that the fabncation of nuclear futi containir g plutonium. unless these activities are (c) A generallicense is issued to any tion- person to exp rt u*anium or thorium in exemfs (1) authonsed uy law- E genencally authorized under an (2)Is riot minuul to the' common j appropriate agreement for cooperation g ji u o m so i g am r

, defense and secur ty; and a (e) As specified in ll 110 21 through a on ma ex m n1 (3) Does not constitute an )11026. ordy certain countnes are eligible 7 , , ,

unreasonable risk to the pubhc health

• to receive unports of matenal or

and safety. equipment under NRC general beense litonhW W um i (b) An exemption from statutory The Commission will closely monitor (a) A general heeme is issued to any bcensing requirements, as authonted by these countries and may at any time Person to export the following to any sections 5?d.62.and 81 of the Atomic remose a country from its general country not listed in i 110 28.

Energy Act will be granted only after beense ehgibihty in response to (1) All byproduct material, except coordination with the Executive Branch significant adverse developments in the tritium, potordum 210 neptunlom.23?.

and after complet on of rulemakmg country involved A key factor in this =

and americium 241.

proceedings under Subpart L regard is the nonproliferation (c) The granting of en exemption does credentials of the importing country. 2) Tnhum in an) dispersed form (e g .

not reheve any person from complying luminescent hght sources. luminescent with the regulahons of other i 110.21 Esport of spected nuclear , paint. accelerator targets cahbrat on Government agencies appheable to material. g standards. labeled compounds)in exports or imports under their authont). (a) A generallicense is issued to any n quanhhu of 10 cunn m Ins pn item 0

Esport of IAE A safeguarda 0 0 0 0 'U cuse er

[0 cunes

• I

t pment o O A person is exempt from the (1) low-enriched uranium as residual 3) Tr t?om n lum scent safei) requirements for a heense to export contaminauon (17.5 parts per milhon or devices installed in aircraft special nuclear material set forth in lus)in any item a substance. -

sections 53 and 54d. of the Atomic (2) Plutonium contairung 80 percent or Inergy Act and from the regulations in more by weight of plutonium 238 to this part to the extent that the person cardiac pacemakers.

esports special nuclear matenal in (3) Special nuclear matenalin sensing

!AEA safeguards esmples.if the sam;<es components in instruments. if no more are emported in accordance with than 3 grams of enriched uranium or 0.1  !

l 75 42(e)(1) of this chapter. or a gram of plutonium or U 233 are ,

comparable Department of Energy order. contained in each sensing cornponent. 2 and are in quantibes not enceeding a (b1 A generallicense is issued to any (4) Polonium 210 in individual combined total of 100 grams of person to export the following to any ' shipments of 100 curies or less when contained plutonium. U 233 and U.235 country not hsted in i 110 28 or l 110.29 contained in static ehminators.

j per facihty per ) ear. This exemphon (1) Special nuclear matetial in (5) Neptunium 2p in indaidual i

don not rel.ese any person from individual shipments of 0 001 effertive shipments of 1 gram or less. No person l

compl>ing with Parts 71 or 73 of this sna) export more than to grams per year kilograms or less (6 g.1.0 gram of chapter or any Commissior, order plutonium. U.233 or U 235. or to to any one country.

i pursuant te section 201[a) of the Energ) kilograms of 1 percent ennched ~

i o amzation Act of 1974 (42 U.S.C. uranium) No person may export more than c.1 effective kilogram per year to August 29,1980 110 4

) 10.23( b) llo.31m PART 110 0 EXPORT AND IMPORT OF NUCLEAR EGUIPMENT AND MATERIAL c.s.s. runn.,

nwcw s,. ,a

( - (b) A general hcense is issued to any ladon.e* Sa'd'a person to export amencium 241 to any [ g, y,Y'"d ,

hi to f amenciu 21 e creding eg,;g,urrL Denmark France. Creece.

one cune per shipment or 100 cur.es per ,trerand Itay Lunernteourt the Netherlands

[n ,

, par to an) country hsted in i 110 29- the Un ted KuWom and West Germany. I 110.30 Feng bconee appbcations.

K (1) Must be contained in industrial (a) A person shaU file a hcense O process control equipment or petroleum (b) This general hcense does not application with the Assistant Director a authorize the export of essentially

'. exploration equipment in quantities not for Export / import and International exceeding 20 cunes per deuce; and complete reactors through piecemeal

" Safeguards. U.S. Nucle at Regulatory (2) Ma) not exceed 200 curies per >est exp Hs of facihty components When Commission. Washington.DC 20%55 or to any one country. individus exports f c mp nents would deliver the apphcation in person to the

- amount in the aggregale to export of an essentially complete nuclear reactor, a Commission's offices at 1717 H Street.

{

, >[c) A generallicente is issued to any factbty export beense is required-NW' Washington.DC.

person to export bult urdispersed (b) An export license appheation (c) Persons makmJt exports under the

tritium in indmdual shipments of 100 shouid be filed on Form NRC 7 unless it generallicense estabbshed by is for a license to export a production or a .cunes or less to any country not hsted in parapaph(a) of t}us section shall utibution f acil'!/. An import bcense

,3 1110 subnut by February 1 of each year one export28 or than more i11010.000 29 Nocunes person per may y ear copy of a report of a!! components opphcation and a production or t utahration facihty export license L o any one countr) shipped durmg the previous calendar application should be ided by letter.

year. This report mest inch.de: Upon request. applications may be fded

- l 110.24 Erport of sou$ecium (1) A description of the components by telegram.

(a) A general hcense is issued to any keyed to the categones listed in person to export deutenum in individual (c) Each person shall provide in the l1108;a). heense appbcation. as appropriate, the shipments of to kilograms or less (50 (2) Approximate shipment dates.

kilorams of heavy watm) to any information specified in i 110.31. The (3) A hst of recipient countnes and Commission may also require the country net hsted in i 110 26 or i 110.29 endusers keyed to the items shipped j No person may expor1 more than 200 submission of additionalinformation if t  ; pecessary to complete its review.

kilograms (1000 kilogame of heavy  ; I 110.27 Importam  ;

a water) pe* year to any one country. r A general beense is issued to any  ; rne(d) 6 (b) A general beente is issued to any y beA consohdated filed covering multiplebeense application

$ person to export deutenum in individual l person to impen byproduct. source or k shipments.

• special nuclear matenal other than 100 $ (e)Information in a previus beense shipments of i kilopam or less (5 kalegams or more of tira: bated fuel. If kilograms of heavy water) to any application may be incorporated by the consirnee to authorized to possess reference.

country hsted te i 110 29. No pe* son the matenal unden (a) A contract with (f) An applicant shall withdraw an may export rnere than 5 kilorems (2S the Department of Energy or (b) en application whenever it is no longer hi)cparns of heavy water) per year to exemptien from hcensing requtternents needed. The Commission's official files any one country. issued by the Commission or a general retain all documents related to o I1 M E4o'1 of nuc*ea' Fada FeWe [c ,,f0,fc'r a State h ich the (a) A general beense is issued to any Commission hcs entered into an i H0.31 infomation required mnu person to expnrt bolk nonfabncated agreemer,t under section 2?4b. of the apphcotsona, nuclear rede paphite in indmdual Atomic Energy Act. Importers of special (a)Name and address of appheant.

shipments of 100 kilograms or less to (b) Name and address of suppher of nuclear rnatenal under this eeneral any country not hsted tn i 110 23 No license shan provide adsar ce equiprnent or matenal

,, person ma) export more than 2 000 notificatien ofimports to the IC1 Country of ongin of equipment or g kdoFrams per year to any one country. Commission as specified in i 7327 of matenal, if known.

g [b) A general hcense ts issued to any (d) Names and addresses of all this chapter.

g person to erpori nuclear pade graphite intermediate and ultimate consignees.

! in fpbncated nonnuclear related i 110.2s Embargoed destinations. other than intermediate consignees commercial products to any country not Cube. Kampuchea. North Korca. performint, shipping services only.

hated in i 1104tt except that raphite We tna m. (e) Dates of proposed fast and last electrodes weighing more than 1  ; shipments kdogram per electrode may not be i 110.ts mestncted aestinations. (f) Descr,ption of the equipment or exported to any country hsted m c. r..m , tu, material includmg. as appropnate, the i110 29 Fabricated products are those A:.., w. . , foHowing-in fmal manufactu*ed form except br ^4^* "'m (1) Maximum quantity of matenal m, detailed ranchintns and other fmal steps = ^*7 rams or kilograrns (cunes for baroduct necessary for the miended end t.se of f E *,'.. of.';I " material) and its chemical and physical the product  ; e I {)- For enriched uranium, the l 110.24 giport of nucim reector ;m. sea o.b e masirnum weight percentage of cochvonents. 'D~ b' W# enrichment anni rnasimum m eight of

[s) A general heense is issued to an) person to export any nuclear reactor N7 o.,

U,"'.

1, u., m contained U-235 (3) For nuclear a quipment, total dollar

'*component, hsted in i 110 8 f all5) N* t a 'd A M E W s alue.

M hw-through (a)f 9). for cse in any hght or (4) For nuclear reactors. the name of f heavy water moderated power or O, '

. research reactor in any of the foHc Aing u. },7,",

tW.

the feethty and its design power lesel (5) Destnptien of end use by all countner -

consignees in suff cient detail to permit H05 August 29,1986

110.42(b) 110.31(f) ,

PART 110 o EXPORT AND IMP 3RT OF NUCLEAR EEUIPMENT AND MATERIAL 2 accur:ta esa!.a6on of tne justification to be exported under the US-IAEA exported and subject to the applicable .

for the proposed export or import. Agreement for Cooperation. agreement for cooperation. and no l including the need for shipment by the (5) An exportinvohing assistance to special nuclear matenal produced I dates speedied. _ end uses related 'oisotope separation, through the use of such matenal or

" chemical reprocessing. heavy water factht es, will be used for any nuclear

~ explosive device or for research on or Subpert E-Review of Llu nse 3 production, advanced reactors or the a fabrication of nuclear fuel containing development of any nuclear explosne Appiketlens device, I plutonium, neapt for categories of (3) Adequate physical security g i 110.40 Commiulon revie*- ' exports approsed in advance by the measures % ll be maintained with (a)Immediately after receipt of a 11 Executive Branch as constituting respect to such matenal or f acihtirs a cense application, the Commission sill permitted incidental assistance. proposed to be exported and to any b initiate its licertsing review and, to the (6) De initia3 export of nucjear spec al nuclear material used in or U maximum extent .fes.sible, sill expedt- material or equipment to a foreign tiously process the appbc.tton concur- 7toduced through the use thereof.

rently with review by the Executive Mactor. b sical secunty measures will be Branch, l7] An export to any country bsted in dee..'ed adequate if such measures

- i 110.28 or i 110.29 proviot a lesel of protection equis alent i b) The Commissioners s$all review a (8) An export sub}ect to special to that set forth in i 110 43 license application for export of the limitations as determined by the (4) No such material or facihties fo[Jowing. proposed to be exported. and no special (1) A productier. or utilization facihty. ,. Commission or the Executive Branch nuclear matenal produced through the (2) More than one effective kilogram -(b) The Executive Branch will be re. use of such matenal, wiU be of high enriched uranium, plutonium or quested to:

(1) Provide its judgment u to retransferred to the junsdiction of any U 233.

(3)1.000 kilograrns or more of heavy shether the proposed export would be ;other country or group of countries water or nuclear grade graphite. inimical to the common defense and ; unless the prior approval of the United (4) An ex ortinvolving assistance to g accurity, nale andalong sith supporting ratio = States ini rmation. is obtained for such retransfer, 8 (5) No such material proposed to be end uses tefated to isotope separation,a (2) Where applicable, confirm that exported and no special nuclear chemical reprocessing. heavy water productiorL advanced reactors ce the (the proposed export would be under,, material the terms produced through the use of of an agreement for cooper. "

such material will be reprocessed. and

- f abncation of nuclear fuel containing

• ation; and no irradiated fuel elements containing S plutonium, except for categories of (3) Address the extent to which the export criteria in section 110.42 are such material removed from a reactor I exports approved in advance by the will be altered in fo m or content, unless 8 Commission as constituting permitted met, if apphenble, and the extent to shich the recipient country or group the prior approval of the United States is incidental assistance. of ecuntries has adhered to the provt. pbtamed for such reprocessing or (5) The initial export to a country storu of any apphenble agreement for 6ince March 10. W8 of source or special alterstgn.

co pnauon. (6) Ntb nspect to expens of such nuclear materiaI for nucIear end use. (c) The Commission may request the I material or f acihties to nonnuclear (6) An export invoMng over- (i)10 Executive Branch to address specific weapon states. lAEA safeguards will be grams of plutonium.U 233 or high- concerns and provide soaitional cata an w c ac u ennched uranium. (ii) 1 effective and recommendations as necessary. g ist pomoveel as m utet carned out under the control of such kilo {sm oflow ennched uranfum:(iii) 42 tiport lic* nebs enterta state at the time of export.This critenen te nucfear's de'gIs te or( review oflicense appbcations will not be apphed if the Commission (a) 1.000 cunes of tritium, to any country f r the expart for peaceful nuclear uses . has been notified by the President in hated in i 11028 or i 110.M- of production or utilitation facilities.' writing that failure to appros e an export (7) Any export subject to special special nuclear material and source t,ecause this entenon has not been met hmitations se determmed by the staff or :,,, matenal!s governed by the following would be seriously preludicial to the

[a majority of the Commissioners  ; criteria- achievement of United States a (1)1AFA safeguards as required by nc,riprohferation ob}ectis es or otherwise f (c) If the Commission ha.s not com* ' ArtirJe !!!(2) of the NIT wd! be apphed Popardite the common defenu and g pleted action on a license application ! wM Mspect to any such facihties or secunty,in which case the prousions of matc nol proposed to be export,ed. to any Section 128 of the Atomic Energy Act Ee ie r hjd er as Dr tde such material or f acihties ptenously regardmg Congressional review will 8C for in { 110.41, or the lleerue apphea,

$ tion then an Executive Branch judg. exported and subject (c the applicable apply.

• ment is not required. it willinform the agreernent for cooperatj0n and to any (7)N proposed export of a facihty or applicant in writing of tht reason for special nuclear material vsed in or of more than 0.003 effective kilograms of delay and a.s appropriate, provide fol. produced through the use thereof. special nucjear mtenal other than

_torup reports. (2} No such material or facilities plutonium containing 80 percent or more pr p sed to be exported or previously by weight of plutonium 238. would be i t10.41 Esecutrve stanch revtew. mpone of complete n.ct.ar nectors compieie under the terms of an agreement for (a) A heense apphcation for export of ,,, ci, ,,,,,,, ,,,,i, pn.,9 c :,ni p,p, cooperataan.

the following will be promptly ntrot rad and re. cia, roei chersma and (8)The proposed export is not forwarded to the Executive Branch for d edamms sewnn a sobacN N inimical to the common defense and 3., review. compnhenon newt crum a i no 42m A security and.in the case of facihty 3 (1) A production or utsh ation facility.

8 (2) More than one efrective kilogram wnmn w anached da.co

[* ,h,'(([,',",'$",[*' 'o*S[*,['l,[

r to the rucier enut exports, doee not constitute en unreasonable nok to the pubhc health

• be tatrol N iml of ow" * ** "* cia ce" and safety in the United States.

e of h:gn.ennched uranium or10 grams of P

**""*"7"a (b) The review of heense appbeations

' plutonium or U 233 coruset mah er control m'a = came e dacipra.en for thecoolant export of of m nuclear equipment.

(3) Deuterium. nuclear grade graphite. ,..ei , wieu ,e.ci, p n. .no e,,po ni, roductaun or utihtation or os er 100 curies of tritium. gec en compieie pre...re nuri enme y other thanand a for deuterium and nucleer (4) Source or special nuclear material **** PN c'at'*! '*d* *' f**f c h*'8'a8 **d facihty'repWe.

grade g u gotemed b) 6 d.s:haas.r4 subnes) = hen eaponed uperate'y are e Aiect to the esport cniene m l 11e 424b)

December 31,1984 110 4

110.42(b) Il0.45(b)

PART 110 o EXPORT AND IMPORT GF NUCLEAR EQUIPMENT AND MATERIAL protectien comparable to that set forth explanation of the basis for the decision foUowing entena:

in INFCIRC/225 will be maintained and any dissenting or separate views.

(1)lAEA safeguards as required by (c) Commission determinations on the The provisions in this paragraph do not

( Article 111(2) of the NPT wall be apphed with respect to such equipr.ent or ma terial.

adequacy of physical security programs in recipient countnes for exported apply to byproduct matertsi export license applications.

f acihties are made in accordance with (d) The Commission will deny-(1) Any (2) No such equipment or matenal wiU export license application for which the be used for any nuclear explosise desice the categones of matenal(su Appendix B)in use or in storage at the exported Executive Branch judgment does not or for research on or developmer:t of any recomrnend ap, :) val; (2) any byproduc' nuclear explosive device. facilities and are based on available relevant information and written material export license appbcation for (3) No such equipment or material will assurances from the recipient country or which the Commission la unable to be retransferred to the junsdiction of any other country or group of countnes group of countries that physical security

• make the finding in paragraph (a)(1) of measures providing, as a minimum, , this moru oe (3) any import Ucense without the pnor consent of the United States protection comparable to that set forth { applicauon for which the Commission is in INFCIRC/225 wiU be maintained. , unable to make the finding in paragraph (4) ne proposed export is not ' (b) of this section.no applicant will be inimical to the common defense and (d) Commission determinations may be based on a country. wide fmd ng notified in writing of the reason for e secunty. denfa!.

rather than on case by-case analysis.

(c) The review oflicense applications The Commission will reenamine a i t10,45 Casuct reautung Marminetton for the export of byproduct material and of nucaear exports.

for source ma terial for nonnuclear end determination whenever there are changed circumstances w, thin a country (s) Except as provided in parcgrah (c) uses is goserned by the cntenon that the of this section, no license will be issued proposed export is not inimical to the that might reduce the effectiveness of its physical security program. to export nuclear equipment or material.

common defense and secunty, other than byproduct materful, to any I 110.43 Phyweal secunty esanostos. I 110 44 inavance or ental of bconaes.

nonnuclear weapon state that la found (a) Commission determinations on the (a)The Commission wiu issue an by the President to have, after March 10, adequacy of physical secunty programs export hcense if it has been notified by the State Departrnent that it is the IM in recipient ecuntnes for Category I -

quantities of nuclear matenal(see judgment of the Executive Branch that (1) Detonated a nuclear explosive

,,, Appendix B) are based upon the the proposed export wi!! not be inimical device-e followv4 to the common defense and security; (2) terminated or abrogated IAEA

(1) Review of the physical security

and - safegurds; a program estabhshed by the recy,ient , (1) Finds, based upon a reasonable j (3) Materially violated an IAEA safe-

country and of the implementation of a judgment of the assurances prended - guarda agreement; or e the national tequirements. as considered , and other information available to the E (4) Engaged in activities involving through country visits and other ' Federalgesemment that the applicable a source or special nuclear matertal and information exchanges. to ensure that crilena in l 110 41 or their equivalent. Q having direct algnificance for the man-are met. (If an Executise Order presides ufacture or acquisition of nuclear ex.

the physical secunty measures provide plosjve devlees, and f atted to take steps

{ as a minimum, protection comparable to an exemption pursuant to section 106a h

thtt iet forth in International Atomic of the Atomic Energy Act. proposed gos{card te su h tivt i s Energy pubhcation INFCIRC/2:5/Rev 1, exports to EURATOM countnes are not entitled "The Ph> sical Protection of required to meet the entieria in

• h Nuclear Matena' ' (INFCIRC/:25). which 1110 42[a)(4) and (5)). or (e og j ,'etio en e wil is incorporated by reference in this part. (2) Ftnds that there are no material { isand to export nuclear equipment or Th s incorporation by reference was changed circumstances associated with 0 material, other than byproduct material, approsed by the Director of the Federal an export bcense appbcation (except for a "p f un s th Register on May 3.1tr"8 Nohce of any byproduct material apphcations) from i ',0g g,*"M'b de ,her changes to the pubhcation will be those existing at the time ofissuance of 1 March 10, M pubbshed in the Federal Register a prior bcense to export tc the same L Copies ofINFCIRC/ :5 may be obtained country,if the prior beense was issued - (1) Materially violated an agreement from the Ass:stant Director for Export / under the provisions of paragraph (aM1) for cooperation with the United States import and frternational Safeguards. of this section. r the terms of any other agreement U S. Nuclear Regulator) Cornmission. (b) The Commission willissue an ' ' '"

Washington. DC 20555, and are import beense ifit finds that the t,"rt h n e ported available for inspection in the proposed import would not be inimical (2) Amststed, encouraged or induced Commission Pabhc Document Room A to the common defense and security or any non nuclear sespon state to copy is on file in the hbrary of the Ofhee constitute an uttreasonable risk to the engage in activttles Lnvoinns source or cf the Federal Register. pubhc health and safety and that any .special nuclear material and havtna (2) % ritten assurances from the applicable requirernents of Subpart A of 3 direct significance for the manufac-Part 51 of this chapter hase been  ;;ture or acquistion of nuclear explosive recipient cosmtr) or group of countnes e devlees, and failed to take steps which that ph)sical security measures satisfied.

• represent suffteient progress toward prosiding as a minimum, protection (c)If, after receiving the E.tecutive

• I comparable to that set forth in Branch iudgment that the issuance of a ntTinYueemYn r INFCIRC/225 will be maintained pr> posed export bcense vil not be (3) Entered into an agreement for inimical to the common defense and (b) Commission determinations on the the transfer of reprocessing equip.

adequacy of physical secunty programs security, t}e Commissien dos s not issue ment, materials or technology to the in recipient countnes for Catract) !! and the proposed beense on a timely basia sovereign control of a non nuclear i seapon state, except in connection

!!! quantities of matenallate Appenda because it is unable to make the with an international fuel cycle esalu-B) are based on esailable relevent statutory determinations required under the Atomic Energy Act, the Commission ation in thlch the United States is a l information and written assurances psrticipant or pursuant to an interna-from the recip:ent country or group of will pubhcly issue a decision to that tional agreement or understanding to l effect, and will submit the beense I countnes that physical secunty which the United States subscribes.

measure: prendtng as a mmimum appbcation to the Presideri The

[ '

Commission's decision willinclude an -

l 110*7 December 31,1984 1

l l

+

110.45(c) 110.50$) .

PART 110 0 EXPORT AND IMPORT OF NUCLEAR EEUlPMENT AND MATERIAL (c) Under section 129 of the Atomic equipment. A licensee f.isy not ship this Energy Act, the President may walve the material or equipment until authorized requirement for the termination of . by the Assistant Director for Export /

exports to a country described b R Import and Intemational Safeguards.

paragraph (a) or (b) of this section s'fter "The Assistant Director will not

- determining in writing that the cessation $ authorize shipment until after obtaining y of exports would seriously prejudice the - the consent of the Australian o cchievement of United States

• Covernment for Australian. origin

f. nonproliferation objectives or otherwisematerial or the Canadian Covemment

' leopardite the common defense and for Canadian. origin material.

security.lf the President makes this determination, the Commission will F (4) A licensee autho.4 red to export or issue licenses to export to that country, " import special nucl ear materialis L'other applicable statutory provisions 3 e responsible for compliance with the

- are met.

physical protection requirements of Part k 73 of this chapter, unless a domestic Subpert F-Ucense forms and $ licensee of the Commission has asaumed that responsibility and the Commission Releted Provisions has been so notified.

I i10.50 Terms.

(a) General and specific licenses.

(1) Each Ilcense is subject to all ap.

plicable provisions ' of the Atomic {

o Energy Act and to all applicable rules.

(5) A license may be transferred, dis-

", Qgdkisions and orders of posed of or assigned to another person (2) Each license is subject to amend. g only 31th the approval of the Commis-mint, suspension. revocation or incor, e slon by license amendment.3 potation of separate conditions when l required by amendments of the L.

Atomic Energy Act or other applicable la.r. or by other rules, regulations, de.

clslons or orders issued in accordance

Tith the terms of the Atomic Energy

" Act or other applicable law.

(3) Each license authorizes export or

$ 1mport only and does not authorize any person to receive title to. acquire.

" receive, possess. deliver, use or trans.

fer nuclear equipment or material.

(4) Each nuclear material license au.

thorizes the export or import of only the nuclear material and accompany.

Ing packaging and fuel element hard-Care.

(5) No nuclear equipment lleense confers authority to export or import nuclear material.

(6) Each nuclear equipment export lle:nse authorizes the export of only those items required for use in the for.

eign nuclear installation for which the lums are intended.

(7) A lleensee shall not proceed to export or import and shall notMy the Commission promptly if he knows or has reason to believe that the packag.

Ing requirements of Part 71 of this

_ chapter have not been met.

I (b) Specific licenses.

3 1) Each specific license will have an

% cx(piration date.

2) A licenser may export or import g, (ly on for the purpose stated in the license i

{jpplication.

[ k (3) Unless a license specifically g authorizes the export of foreign. origin e nuclear materialor equipment a l 2 licensee shallnotify h writing the

• Assistant Director for Export / import 1

- and International Safeguards at least 40

" dtys pnor to export of Australian origin l or Canadian. origin nuclear material or N 40 m2c 110,8 April 30.1986 3,n ,,,,ai3, w l

l.

110.51(a) 110.64(e)

PART 110 e EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL T right, within 20 days or other specified

% ) 110.51 Amendment and renewal of time, to file a tritten answer and go ,m t (b) Each licensee shall mainteln a

record of each export or import for 5 demand a hearing.

(a) Alicensee may submit en (b) An answer consenting to the pro-a years (2 years for byproduct material).

application to renew a bcense or to posed enforcement action shall consti-amend a license, e tute a 3alver by the licensee of a hear-e (b)1f an application to renew a license ing and of all righta to seek further is submitted 30 days or more before the L Commission or Judicial review, license expires, the license remains (c) The order to show cause may be valid until the Commission acts on the omitted and an order tasued to revoke, renewal application. An expired liter se suspend, or modify the license in cases is not renewable, where the Commission determines (c) An amendment is not required that the violation is willful or that the

• (c) Each licensee shall permit the public health, safety, or interest so re-2 for- quires.

Commission to inspect his records, I (1) Changes in value (but not amount E premises, and activities pertaining to I lit 63 Order for revocation, suspension.

S or quantity): his exporta and importa when neces. " g;gg,,gg,"'

(2) Changes in the mailing addresses sary to fulfill the requirementa of the (a) In response to an alleged viola-within the se r.e countries of Atomic Energy Act.

latermediate or ultimate consignees: o- tion described in i 110.60, the Commis-Subport G-Vielettens and ston may revoke, suspend, or modify a (3) The addition of intermediate Enforcement license by issuing an order:

consignees in any of the impordng (1) Stating the violation and the ef.

countries spec 2fied in the hcense (for a i 110.60 V6olations. fective date of the proposed enfcrce-nuclear equf pment license on}y). (a) A licensee who violates a prov;. ment action; and alon of the Atomic Energy act or title (2) Informing the licensee of his (d)la acting upon license renewal and right, sithin 20 days or other specified amendment applications, the II of the Energy Reorganization Act or of any rule, regulation, license, or time, to fue a written ansaer and Commission will use as appropriate the demand a hearing.

same procedures and criteria it uses for order pron.ulgated under these Acta may be guilty of a crime, and, upon (b) If an answer is not fued within

_ original hcense applications. conviction, may be punished by fine the time s>ecified, the enforcement action will become effective and per.

- and imprisonment as provided by law; (b) An injuction or other court order manent as proposed.

may be obtained to prohibit any such (c) If a tirnely answer is filed, the Commission, after considering the i1104 e ation, suspens6cn. and violation will issue an order dismissing

" for payment of a civil penalty imposed

• the proceeding, staying the effective-(a) A lleense may be revoked, sus-g t pended, or modified for a condition N Energy  ! pursuant Act. to section 234 aofpropriate the Atomic action. ! neas of the order or takin shich would warrant dental of the z (d) The order may be made effective original lleense application. require $ oc(ation, suspension. or modification with reasons ofd)andAstated.

violation may (b) The Commission may N pending further hearing order, further information from a licensee to ' a license' when the Commission determines that determine whethtr a license should be $ 110.41 Notiee or vlotation. the violation is willful or that the revoked, suspended, or modified. (a) Before instituting any enforce, public health, safety, or interest so re.

quires, pub hea t ment hetton the Commission will serve fe e and see it on the licensee written nottee of viola

• and safety requires otherwise, no 11- 1 110.64 Civil penalty, on. except as provided in paragraph cense will be revoked, suspended, or 3 before the licenpee is in- (b) The nottee will state the alleged Commission may institute a proceed-g modifiedin writing of the grounds for

, formed Ing to impose a civil penalty under sec-violation; require the lleensee to re.

a such scucn and afforded the opportu- tion 234 of the Atomic Energy Act by

ond in 37tting, mithin 20 days or issuing a notice to the licensee:

{ nity to reply and be heard under pro- other specified time; and may also re.

ceduras patterned on those in subpart quire the lleensee to state the correc. (1) Stating the t!!eged violation and g the amount of the proposed penalty; ttve steps taken or to be taken and the date when full compilance will be (2) Informing the licensee of his achieved.

right, within 20 days or other specified (c) The notice may provide that. If time, to file a written ansmer; anti (3) Advistng that a delinquent pay.

an adequate and timely reply is not re. ment for a subsequently imposed pen-I11053 l'alted States address, records, ceived, an order to show cause may be issued pursuant to i110.62 or a pro- alty may be referred to the Attorney and inspections, General for collection pursuant to sec-ceeding instituted to impose a etvil (a) Each lleensee shall have an office tion 234c. of the Atomic Energy Act.

penalty pursuant to i 110 64 in the United States where papers (d) The notlee may be omittM and (b) If an answer is not filed within may be served and there records re- the time specifled, the Commission Quired by the Commission till be En order to show cause issued when will Lasue an order imposing the pro-the Commission deterTnines that the posed penalty.

maintained. violation is willful or that the public hetl;h. safety, or interest so requires. (c) If a timely answer is filed, the Cornmission, after considering the i110 of Order to show cause.

answer, will issue an order dismissing (a) In response to an alleged viola. the proceeding or imposing a penalty tion, desertbed in i 110.60, the Com, subject to any required hearing, (d) If an order imposing a civil nen-mtssion may institute a proceeding to alty ts issue 1 the 11eensee may request revoke, suspend. or modify a license by a hearing within 20 days or other spec-issuing an order to show cause:

(1) Stating the alleged violation and III',

7 ( IE ce'pt when the matter has been 6'

proposed enforcement action; and referred to the A'torney General for (2) Informing the lleensee of his 110-8a December 31,1984 (nent paee is lis4)

c 110.64(e ) 110.84(d)

PART 110 e EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL

( ~

(4) Spwify, when a person asserts collection. payment of penallfes shall l the a7plicant or lleensee; that his interest may be affected, both be rnade by check, draft, or money (c) Funuu. Rscisin notices; order payable to the Treasurer of the sJ) The Commission letter request. the facts pertaining to his interest and United States, and mailed to the Sec. 1r4 Executive Branch views; how it may be affected, sith particu-retary. U.S. Nuclear Regulatory Com. (e) Correspondence from the State lar reference to the factors in i110.84.

mission. Washingtor, D C. 20555. Department with Executive Branch (c) Hearing requests and interven.

(f) An enforcement action to impose V:ews; tion petitions will be considered timely a elvil penalty sill not itself revoke. (f) Correspondence from foreign only if filed not later than:

modjfy or suspend any license under governments and international organi. (1) 30 days after notice of rece!pt in this part. r.ations; the FEDRAL Recisin for those appit-(g) Filings pursuant to subicart I and eations published in the FronAL Rto-l 110 65 Settlement and compromlae. Commission and Executive Branch re- Istu; At any time after issuance cf a:' sponses,if any; (2) 15 days af ter notlee of recupt in (h) If a hearing is held, the hearing the Public Document Room, for all order for any enforcement action record and decision; other applications. or ur. der this subpart, an streement may (f) A statement of staff conclusions; (3) Such other time as may be pro-be entered into for settlement of the and ,,ylded by the Commission.

nroceeding or compromise of a penal, (D The lleense, requests for license ty. Upon approval by the Commission. ,,,

or presiding officer if a hearing has amendmente and amenaments. E l 110.83 Answen and rwes.

- been requested. the te ms of the set

• I 110.73 Availability of NRC records. E (a) Unless otherwise specified by the 3 tlement or compromise sill be em-E bodied in the order disposing of the (a) Commission records under this g' Commission, en answer to a heating e enforcement action. Part will be made available to the g request or intervention petition may be a public only in accordance with part 9 , fded within 30 days after tht request or Q l 810.64 Enforcemest hearing. of this chapter. ( petition has been served.

(b) Proprietary information provide i (a) If the licensee demands a hear- under this part may be protected (b) Unless otherwise specified by the in g. the Commission sill issue an under part 9 and j 2.790 (b). (c), and Commission. a reply to an ansser may order specif> lng the time anc place. (d) of this chapter, be filed within 10 days after all timely

$wbport 1-Public Portkipotion Prece. answ ha be n il d part alli ondue ed under the pro-cedures in subpart O of Part 2. dures Concoming License Appt.co* dress the f actors in i 110.84.

Subport H-Public Notification and . fl*ns

( 110.t0 Basis for hearings, 1 110.64 Commission action on a hearing Availability of Documents and Rec.

ords The procedures in this Part will con- "9 ""' I" L''"ti'" P'titi'"-

$11030 Pubhe notice of receipt of an ap st1tute the exclusive ba. sis for hearings (a) In an expo't licensing proceed-phcation. on export lleense applications ,,, ing. M in an import licensing proceed.

• • • "**"'"""* " # * """8 "9 I I"'

I I (a) The Commission will notice the E I I tervention petition does not assert or receipt of each export or import 11. E (a) The Commission encourages & establish an interest shich may be af-eense application by placing a copy ina* written comments from the public re e .fected, the Commission will consider:

the Public Document Room' garding export and import lleense ap- (1) Whether a hesring would be in

~

7 plications. The Commission will con- Q the public interest and (b) The Commission will also pubbsh sider and if appropriate, respond to (2) Whether a hearing sould a.ssist in the Federal Regbiet a notice of these comments.

- receip f en ap tion for a license t should be ub i ed s1 thin 3 cfa t ry a na eurd t g)

- after public nottee of receipt of the ap. .

(b) If a hearing request or interven-

• (1) A produebon or utilization facihty. pucation and addressed to the Secte. tion petition asserts an interest shich E (2) The effective kilograms or more of tary. U.S. Nuclear Regulatory Com. may be affected. the Commission will

plutonium high enriched uranium or mission. Washington. D.C. 20555. At.

tention: Chief, Docketing and Sers1ce consider.

uranium 233' (1) The nature of the alleged inter.

Branch.

(3)10,000 kilograms or more of heavy (c) The Commission will provide the est:

water or nuclear grade graphite. applicant with a copy of the commenta (2) Hos that interest relates to issu-and. if appropeate, a reasonable op. anee or dental; and (3) The possible effect of any order (c) Pertoon lists of appliestions re- portunity for response.

eched may be obtatned upon request on that interest. Including whether

( 110.82 Hearing request or latervention the relief requested is within the Com-addressed to the Asstatant Director for peution.

Export / Import and International mission's authority, and if so, whether Safeguards U.S. Nuclear Regulatory (a) A person may request a hearing granting relief sould redress the al-Commission. Washington. D C. 20555. or petition for leave to intervene on a leged injury.

111011 Not6ce of withdren al of an appli. .r II ' 8' "PPI '8tl U- (c) Untimely hearing requests or in.

g tervention petitions may be denied cation. uniera good cause for failure to file on

( b) Hearing requests and intervention 3 The Commission sill notlee the time is established. In reviewing un.

E sithdrasal of an application by plac g petitions must- timely requests or petitions, the Com-mission till also consider:

'aining theaPublic copy of the sithdrasal Room' request }u.

Document g (1) State the narne, addreas and tele.

(1) The availability of other means P

by thleh the requestor's or petition.

$11032 Availability of documents in the " titioner; phone number of the requestor or pe. er's interest. If any, will be protected Public Document Room. 8 (2) Set forth the !ssues sought to be or represented by other participants in Unless exempt from disclosure under ., raised; e

a hearing; and part 9 of this chapter. the following * (2) The extent to thich the issues documents pertaining to each lleense T (3) E.xplain why a hearing or en will be broadened or action on the ap-application and lleense will be made ! Inter)ention would be in t) e pubhc ~

plication delayed.

available in the Public Document Q interest and how a heanns or .

F (d) Before granting or denying a Room: e intervention would assist the

$< (as The license app!! cation and any Commission in making the  ;* heanng request or inten ention petition.

requests for amendmen.4; ' I the Cammission ml! review the (b) Commission correspondence with t,,, determinations required by l 110 44

, g 110 9 December 31,19M

I 10.84(d) Il0.103(c)

PARY 110 o EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL 1 110.87 Conditions in a notice or order.

'" (2) The certificate or affidavit of the g Executive Branch's views on the license person making the service, r application and may request further (a) A nottee or order granting a (e) The Commission may make spe.

3 infvrmation from the petitiono. hearing or permitting intervention cial provisions for service then cir.

k requester, the Commissier daff the may restrict irrelevant or duplicative cumstances warrant.

E testimony, or require ammon inter. i lle.H Computauen of time.

L xecutive Branch or others.. ests to be represented by a single (a) In computing time, the first day spokesman. of a designated time period is not in.

(b)If a participant's interests do not extend to all the issues in the hearing.

• cluded the lastanddaythe is alast day is included.

Saturday, Sunday orIf

- (el The C iss! '111 d quest or peti n that pertal s lel g  !.he notice

, ticipation or order may limit his par. !!egal holiday at the place where the secordingly.

to matters outside its jurisdiction N required action is to be accomplished.

n the time period will end on the next (f) If an issue has been adequately (c) Unlessgranting authortzed by the Com-of parde@auM [d y which is explored in a previous licensin hear. g m .

n a not a Saturday, Sanday aill not broaden the hearing issues.

• or legt] holiday.

e ues for a neu hearing in cor[n\c 1 110.85 Authority of the Secretary. (b) In time periode nf 1 days or less.

Lion with that issue will be denied The Secretary is authorised to pre. Saturdays. Sundays and holidays are unless: scribe time schedules and other proce, not counted.

(1) A hearing request or intervention dural arrangements, when not covered (c) Whenever an action is required "P 8C l b ap petition establishes that an interest by this part, and rule on related proce. ,',I g ant 8g g may be affected; or , dural requests.

(2) The Comminion determir.cs u... shall be added to the prescribed period changtd circumstances or new infor.

if service is by r.ull.

[ 110.00 Flieng and servic*. (d) An interpretation of this section g . f er co 1 era on of factors (a) Hearing requests, intervention ja contained in 18.3 of this chapter.

covered by paragraphs (a) through (f). petitions answers, replies and g g g,, ,,,

the Cornmission will lasue a notice or accompanying documents must be filed e order granting or denying a heartrg with the Commission by delivery or by p The Commission may consult at ani request or intervention petition. Upon mail or telegram to the Secretary, U.S.  ; time on a license apphcation with the the affirmative vote of two Commis- Nuclear Regulatory Commission. 1 staff, the Executive Branch or other stoners a hearing will be ordered. A Washington. DC 20555 ATTN: Chief. 1, persons.

notice stanting a hearing will be pub.

lished !n the FutRAL Rects7tm and Docketing and Service Branch. Filing by -

mail or telegram is complete upon Subpert J-Heerings sill specify be oral whether cr consist the comments.

of written hearing will ; deposit in the mailor with a telegraph A denial nottee will set forth the rea.,jcompany. l Ph headngs.

sons for denial. 6 (b) All filing and Commission notkes Hearings under this part will be

• and orders must be served upon the j publie unless the commission directs g i110 85 Notice of hearing consisting of ' applicant; the Executive Legal Director. E otherwise.

a U.S Nuclear Regulatory Commission, g sisting of c I110.101 Filing and senice.

Weshington. DC 29555; the Executive  % Filing and service of hearing docu.

written o ments

• 1 I (1) State the issues to be considered; Sgeretary. Department of State. ' ments shall be pursuant (o 1110.89.

(2) Provide the names and addresses W a shington. DC 20520; and participants of participants; if any. Hearing requests. intervention 1 110.102 Hearing docket.

(3) Specify the time limits for par. Detitions, and answers and replies must For each hearing, the Secretary will ticipants and others to submit written be ser ed by the person filing those maintain a docket which will include viess and respond to any written com* pleadings. the hearing transertpt exhibRs and all ments; and - papers filed or issued pursuant to the (4) State any other instruct.ons the - hearing.

Commissio.1 deems appropriate. (e) Service is completed by: ,,,

(b) The Secretary will give notice of (1) Delivering the paper to the any hearing under this section and person; or leaving it !n his office with I 110.103 Acceptance of hearing l 110.86 to any person who so requests. someone tra charge; or. If there is no e[socumenta.

one in charge, leaving it in a conspicu' O (a) Each dxument filed or issued i 110.66 Notice of oral hearing. , ous place in the office; or if he ha.s no a must b clea% legible and War th (a) A r.ottee of oral hearms will: g offlee or it is closed. leaving it at his (1) State the time, place and issues g usual place of residence with some,oc g docket number, license apphcation to be considered, e cupant of suitable age and discretion; ran earing tige.

[num (2) Provide names and addresses of a (2' Depositing it with a telegraph ,,,

participants;  ; company properly addreued and with (b) Each document shall be filed in l

(3) Designate the presiding officer; charges prepaid'i t in the United States one original and signed by the partiel.

(4) Specify the time limit for partiel. (3) Depositing mail, properly stamped and addressed, ant or his authorized representative pants and others to indicate shether with his address and date of signature they sish to present viess; and Of (4) Any ther manner authorized by indicated. The signature is a represen-(5) State any other instructions the Commission deems appropriate. las, wh:n service etnnot be made as 3 tation that the document is submitted (b)If the Commission is not the pre, provideo m subparagraphs (1) through e,knows rith full authority, the signator its contents and that, to the (3L e best of his knosledge, the staternents l siding offleer, the notice of oral hear.

ing will also state; (1) When the jurisdiction of the pre- (d) Proof of service stating the name N made in it are true.

(c) A doccinent not meeting the r:-

siding officer corrmences and termi- and address of the person served and quirements of this section may be re-nates; the manner and date of service. shall be (2) The potera of the presiding offi' shown, and may be made by- *

) nstructions to the presidmg off t. { (1) Wntten acknowledgment of the eer to certify promptly the completed ; perton served or en authonsed hearing record to the Commission a representative; or )

sithout preliminary decision or fmd. I ings, unless the Commission directs '

ot herwise.

December 31,1964 110 10

110.103(c)

Il0.ll2(b)

PART 110 e EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL Commission, which may then issue its dress of the participant on whose turned sith an explanation for nonac-ceptance and,if so, will not be docket. opinion on the hearing or provide that behalf he appet s.

additional testimony be presented. (c) A person may be excluded from a ed. hearing for disorderly, dilatory or con-1 110.104 Presiding ofncer. ( 110.104 Participation in a hearing. temptuous conduct, provided he is in.

(a) Unless otherwise limited by this formed of the grounds and given an (a) The full Commission will ordi- opportunity to respond.

nart;y be the presiding officer at a part or by the Commission. partici.

hearing under this part. However, the pants in a hearing may submit: i 110.109 Motions and requesta.

Commission may provide in a hearing (1) Initial and concluding written (a) Motions and requests shall be ad-notice that one or more Commission- statements of position on the issues; ers,or any other person as provided by (2) Written questions to the presid. dressed to the presidmg officer, and,if ing offleer; and written, also filed with the Secretary las, s ill preside, and served on other participants.

(b) A participant may submit a writ. (3) Written responses and rebuttal ten motion for the disqualificatan of testimony to the s*stements of other (b) Other partiefpants may respond participants. to the snotion or request. Responses to any person presiding. The motion sritten motions or requests shall be shall be supported by affidavit setting (b) Participants in an oral hearing forth the alleged grounds for disquali- may also submit oral statementa, ques. filed within 5 days af ter servlee.

fication. If the presiding officer cNs tions, responses and rebuttal testimo. (c) When the Commission does not not grant the motion or the pe Rn ny. preside, in response to a motion or re-does not disqualify himself, the Com- (c) A participant in an import licens. Quest, the presiding officer may refer ing hearing establishing that hl. inter. a ruling or certify a question to the mission will decide the matter. Commission for decision and notify (c) If any presiding officer designar est may be affected, may be secorded additionti procedural rights under the participants.

ed by the Commission deems himself (d) Unless otherntse ordered by the disqualified. he shall withdraw by Subpart G of Part 2 sith respect to Commission, a motion or request, or notice on the record after notifying resolution of domestic f tetual issues the certification of a question or refer.

the Commission. regarding the public hetith, safety ral of a ruling, shall not stay or extend (d)If a presiding officer becomes un. and environment of the UcJted States. any aspect of the hearing.

available, the Commission stil desig- and the protection of the United nate a replacement. States public against domestic theft, diversion or sabotage to the extent 1 110.110 Defauh.

f e) Any motion concerning the desig-nation of a replacement presiding offi- that such issues are separable from When a participant fails to act eer shall be made within 5 days after the nondomestle issues associated with within a specified time, the presiding the designation. the license 6pplication. offseer may consider him in default.

(f) Uniess otherwise ordered by the issue an appropriate ruling and pro-Commission, the jurisdiction of a pre. 1 110.107 Presentation of testimony in an eeed without further notice to the de-siding offneer other than the Commis. oral hearing. f aulting participant.

sion commences as designated in the (a) All direct testimony in an ort! g i110.111 % aber of a rule or regvlation.

g hearing notice and terminates upon 3 hearing shall be filed no later than 7 g certifleation of the hearing record to g days before the hearing or as other. EE (a) A participant Commission rule may petition thatbea or regulation g the Commission, or when the presid g wise ordered or allowed.

w ing offleer is disqualifted. m (b) Written testimony will be re *,; salved sith respect to the license ap-

• plication under consideration.

O 1 110.105 Responsibiht3 and pomer of the Q ceived into evidence in exhibit form.

(c) Unless proscribed under 1 110.87, (b) The sole ground for a waiver presiding efficer in an oral hean,ng. members of groups which are desig- shall be that, because of speelal cir-i 1 (a) The presiding officer in any oral nated as participants may testify in cumstances concerning the subject of hetrms shall conduct a fair hearing, their individual espacities. the hearing, application of a rule or develop a record that will contribute (d) Participants may present their regulation would not serve the pur, to informed deetsionmaking, and, osn sitnesses. poses for which it was adopted.

Within the framework of the Commis- te) Test! mony by the Commission (c) Watter petition shall speelfy why sion's orders, bas e the poser neces- and the Executive Branch will be pre- application of the rule or regulation sary to schleie these ends, includmg sented only by persons officially desig- would not ser e the purposes for the poner to: nated for that purpose. shich it was adopted.

i (1) Take actien to avoid unnecessary (!) Participants and witnesses will be (d) Other participt!.ts may, within delay and maintain order; questioned orally or in writing and 10 days, file a response to a saber pe-(2) Dispose of procedural requests; only by the presiding officer. Ques- tition.

(3) Question participants and 311 tions may be addressed to individuals (e) When the Commission does not nesses, and entertain suggestions as to or to panels of participants or wit- preside, the presiding offleer will certi-questions ahleh may b? asked of par. nesses. fy the waiver petition to the Commis-ticipants and witnessess; (g) The presiding offleer may necept sion, shleh, in response, will grant or (4) Order consolidation of partici, written testimony from a person deny the stiver or direct any further j unable to appear at the hearing, and proceedingt pants i

(51 Establish the order of presents. may request him to respond to ques * (f) Regardless of whether a waiver is I

tions. granted or denied, a separate petition tic 5% (h) No subpoenas 5111 be granted at for rulemaking may be flied pursuant (6) Hold conferences before or the request of participants for attend- to Subpart L of this part.

- during the hearmg; ance and testimony of partiefptnts or l (7) Establish reasonable time limits; witnesses or the production of evi- 1 110.112 Reporter and tranwript for an (8) I mit the number of witnesses, l dence, oral hearing.

and (9) Strike or reject duplicative or ir- l 110108 Appearance in an oral hearing.

(a) A reporter designated by the relevant presentations- Commission will record an oral hear.

(b) Where the Commission itself (a) A participant may appear in a ing and prepare the official hearing does not preside: hearing on his own behalf or be repre- transcript.

(1) The presidmg of ficer may certify sented by an authorized representa- (b) Except for any eitssified por-questions or refer rulings to the Com. th e. tions, transcripts will be placed in the mission for deelslon; (b) A person appearing shall file a Public Document Room, and copies (2) Any hearing order may be modi. stitten notice stating nts name, Ed- myM W tm i dress and telephone number, and if an U.S. Nuclear Regulatory Commission' 1

J fled by the Commission; and authorned representative, the oasis of (3) The presiding cfficer will certify Washington. D C. 20555-the completed hearing record to the his chgibthty and the name and ad.

March 29,1985 (reset) 110 11

I10.112(c) 110,125(b)

PART 110 e EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL l

(c) Corrections of the official tran. access; the names of individuals for to advise and assist the presiding offi.

sertpt may be m6de only as specified shom access is requested; and the rea, eer or the partletpants with respect to by the Secretary, sons why access is requested for those security classification of information individuals. and the proteethe requirements to be i 110.113 Commission action. (d) The Commission will consider re. obsers ed.

(a) Upon completion of a hearing, quests for appropriate security clear.

the Commission sul issue a written anees in reasonable numbers; conduct l i10.123 Notke of intent to introduce opinion including its decision on the 11 Its review and grant or deny these in classifkd infonnation.

cense application. the reuons for the accordance with Part 10 of this chap. (a) A participant shall seek the re.

decision and any dissenting views. ter; and make a reasonable charge to quired security clearances, there nee.

(b) While the ?ommission will con. cover costs. essary, and file with the Secretary a sider fully the hearms record, the 11 (e) The Commission will not grant notice of intent to introduce classified censing decision will be bued on all security clearances for access to classi. Information into a hearing at the ear.

relevant information, includmg infor. fled information, unless it determines liest possible time after the notice of ,

mation shteh might go beyon' that in that the available unclassified infor. hearing.

the hearing record. mation is inadequate on the subject (b) If a partietpant hu not filed a (c) If the Commission considers in. matter involved. notice of intet.t in accordance with formation not in the hearing record in (f) When an application demon. this section, he may introduce classi.

reaching its licensing decision, the strates that access to clusified infor, fled information only if he gives to the heartag participants will be informed mation not introduced into a hearing other participants and the Commis.

may be needed to prepare a partici, slon prompt %ritten notice of intent and. If not classified or othersise privileged, the information will be pant's position on the hearing issues, and only as permitted by the Commis.

placed in the Public Docurvent Room the Commission may issue an order sion shen it determines that the and furnished to the participants. granting access to this information to public interest will not be prejudiced.

(d) The Commission may issue a 11 the participant, his authorized repte. (c) The notice of intent shall be un.

cense before completion of a hearing if sentative or other persons. Access will classifted and. to the extent consistent sith classification requirements, state; it finds that: be subject to the conditions in para.

(1) The subject matter of the clusi.

(1) Prompt issuance is required in graphs (e) and (J) and will not be

' hlch it is anticipat.

the public interest, particularly the granted unless required security clear. fdEl ns d common defense and security; and ances have been obtained. (2) The highest l'evel of clusification (2) A participant establishing that (g) Once clusified information hu of the information (confidential' his interest may be affected hu been been introduced into a hearing. the prosided a fair opportunity to present Cornmission will grant access to a par.

his vieu s.

secret (3) Whenor it other)['

s anticipated that the

-3 ticipant, his authortzed or such other persons asrepresentative the Commis. kinformation would be introduced. and

- se) The Commission may:

3 (1) Defer any hearing; E ston determines may be needed by the the in n to the h afin ues*

a (2) Consolidate applications for g partietpant to prepare his position on

! hearing; n the hearing issues. Access will be sub- 7 l 110.124 Rearrangement or suspension of n (3) Narros or broaden the hearing ' ject to the conditions in paragraph (e) a hearins.

' issues; and and (j) and will not be granted unless required security clearances base been When a participant sites notlee of (4) Take other action as approprl.

ste, obtained. intent to introduce clusified informa-th) For good cause, the Commission tion and other participants do not

$wbport X-Special Procedures for may postpone action upon an applica. have the required security clearances.

Classified information in Heerings tion for access to classified informa. subject to 1 110.121. the Commission tion. may:

I 110.120 Purpose and scope. (1) The Commission will grant access (a) Suspend or rearrange the normal (a) This subpart contains special to classifted information only up to order of the hearing to gise other par.

procedures concerning access to. and the lesel for thich the persons de- ticipants an opportunity to obtain the introduction of, elustfled information scribed in paragraphs (f) and (s) of required security clearances with mini-into hearings under this part, this section are cleared and only upon mum delay in the conduct of the hear.

(b) These procedures do not in any an adequate commitment by them not ing: or say apply to classif ted information ex. to disclose such information subject to (b) Take such other action as it de-char.ged betu een the Executive penalties as provided by law- termines to be in the public interest.

Branch and the Commission not intro. (j) The Commission will not in any duced into a hearing. Such informa. circumstances grant access to classi. I 110.125 l'nelassified statements required.

tion will be deciassified to the maxi. fled information: (a) It is the obligation of hearing mum extent feuible. The public stata. (1) Unless it determines that the partleipants to introduce information ments of the Commission staff and trant is not inimical to the common in unclassified form therever possible.

Executive Branch will, to the extent d',Iensband security; and di and to declassify. to the maximum 2

C I N I^ " "

h cl i n r ao' P agency. obligation rests on each participant (k) Upon completion of a hearing, shether or not any other participant

( 110.121 Security clearances and access the Corr.mtssion stil terminate all se. has the required security clearances.

to classified information.

curity clearances granted pursuant to (b) When classified information is (a) No person without a security the hearing and may require the dis offered for introduction into a hear.

clearance will have access to classified posal of classified information to ing:

information' shich access hu been granted or the (1) The participant offering it shall, u a p cation ra ess bservance of other procedures to to the extent consistent sith classift.

4. clas safeguard this information. cation requirements submit to the sified information. ' '

(c) To the extent practicable, appll-1 810.122 Classificat6on assistance On the request of any hearing par-

[a'n an un b tement sertbing the substance of the classified m sh 11 ese t fo matto ticipant or the presiding offleer (if information as accurately and com-to thich access is desired and its level other than the Commluion), the Com- pletely as possible;

)

of classif tention (confidential, secret or missi n stil designate a representattse other); the reasons for requesting (2) In accordance with procedures March 29,1985 (reset) 110 12

?

110.125(b) App.A(e)

PART 110 e EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL k agreed upon by the partleipants or will normally follos, shenener appro. rotatm3 rotor assembly, and hence its prescribed by the presiding officer, priate, receipt and evaluation of Ex. indmdual components. have to be and after notice to all participants and eeutive Branch views, manufactured to eery c. low tolerances in opportunity to be heard on the nottee, (e) The Commission, in exercising order to nunimate the unbalance. In contrast the presiding officer will determine the discretion authorized by section to othet centnfuges tie gss centnfuge for s hether an unclassified statement 4(aMI) of the Administrative Proce. uranium ennchment is charactensed by may be substituted for the classified dure Act (5 U.S.C. 553(a x 1)), will hasing within the rotor chamber a rotating information in the hearing record decide s hat, if any, public rulemaking disc shaped baffle (s) and a stationary tube sithout prejudice to the interest of procedures will be follos ed. arrangement for feedmg and estractmg LT.

. gas and featunna at least 3 separate channels lH n m se ru ma ns. of which 3 are connected to scoops estanding

( If the ornmiss on d'etermines from the rotor atis towards the penphery of that the unclassified statement (to. (a) When the Commission proposes to amend the regulations in this part, the rotor chamber. Also contamed withm the gether with such unclassified modifi. vacuum enwonment are a number of entical cations as it finds are necessary or ap- it sill normally publish a notice of proposed rulemaking in the Prntut items which do not rotate and which, propriate to protect the interest og although they are especially designed, are not other participants and the public) ade- agoggygn' (b) A no tice of propcsed rulemaking difficult to fabncate nor are they fabncated quately sets forth information in the will include: out of unique matenals. A centnfuge facihty.

classified matter s hich is relevant and (1) The authority for the proposed howeser, requires a large number of these material to the issues in the hearmg.11 rule; components so that quantities can provide an will dirset that the classified matter be (2) The substinee and purpose of important indication of end ne.

excluded from the record of the hear

• the proposed rule; 11 Rotows Components ing; and (3) Directions for public participa. (a) Comp?ete Rotor Assembles Th n-t() The Commission may postpone tion; waued cylmders. or a number of any of the procedures in this section (4) The time and pitee of any public mterconnected thm walled c)lmders.

until all other evidence has been re- hearing; and manufactured from one of the bah strength.

ceived. However. a participant shall f5) If a hearing Ls to be held by to-density rauo matenals desenbed in the not postpone service of any unclasst* other than the Cornmission, designat. Footnote to tNs Section fled statement required in this section. ing of a presiding officer and instrue. Ifinte' connected. the eyhnders are loined together by fleuble bellows or nns as 1 110.126 Protec' ion of classified informa. (c)E" Ations forofthe notice conductrulemaking proposed of the hearing.descnbed m i 11(c). The rotor is fitted with U* "' a will be published not less than 15 days an intemal bafte(s) and end caps as Nothing in this subpart shall relieve e before any hetring, unless the Com. desenbed in i 11 (d) and (e). if in fmal form any fiedperson from safeguardmg information as requiredclusi $, mission for good cause provides other- .. Howeser.the by law g deliveredcomplete only partlyassembly assembledmay be vise in the notice.

and rules. regulations or orders of any a- Especially designed or

, Government agency. I 110.134 Public participation. l prepared(b) Rotor Tubet thm.wal.ed cylmders with i 3 Subport L-Rulomoking (a) The Commission may hold an w thickness of 12mm ( 50 in j or less. e diamete K oral hearing on & proposed rule or y of between 75mm (3 ins ) and 400mm (16 ins ).

m l 110.130 Initiation of rulemaking permit any person to participate in a and manufactured from one of the high

$ The Commission may initiate action rulemaking proceedmg through the strength-to-density rstio matenals descnbed

• to amend the regulations in this part submission of STitten comments- in the Footnote to this Section.

(b) When it is in the public interest (c) Rangs or Bellows Components on its osn initiatne or in response to a and is authorized by law, public rule- especially designed or prepared to gae petition' making procedures may be omitted locahted support to the rotor tube or to join and a notice of rulemaking published together a number of rotor tubes The bellowe l 110.131 Petition for rulemaking.

II I II I - in a short cyhnder of wall thickness 3mm (al A petition for rulemaking should be addressed to the Secretary. U.S. l 110.135 Nouce of rulemaking. (1:5 in ) or less. a diameter of betw een ?5mm Nuclear Regulatory Commission. (a) Upon approval of an amendment U UU** *b**8*

Washmston. D C. 205 $5. Attention: the Commission will publish in the

"'I'". a'nd manufac'ured from one convolute of the Chief. Docketing and Service Branch. h:3h strength-to densay reno matenals Protut Rrcistra a notice of rule. desenbed in the footnote to this sect 2 ort.

(b) The petition shall state the basis making whleh includes a statement of for the requested amendment- (d) Bafnes. D.sc shaped corr.ponents of its ba. sis and purpose, effective date (c) The petition may request the and, shere appropriate, any signifg, betwun ?$mm (3 ins ) and scorra (16 ins }

Commission to suspend all or part of cant variations from the amendment d.ameter especially designed or prepared to any licensmg proceedmg under this as proposed in any notice of proposed be mounted inside the centnfuge rotor tube, part pendmg disposttion of the pett- rulemaking. in order to isolate the take-off chamber from tion. (b) The effective date of an amend. the main separauon chamber and. M some (d) The Secretary will a.ssign a ment will tiormally be no earlier than cases. to assist the UFs gas circulanon withm docket number to the petition, place a 30 days after publication of the notice the main separation chamber of the rotor copy in the Public Document Room of rulemaking, unless the Commission tube. and manufactured from one of the h:gh and nottee its receipt in the Protut for good cause provides otherwise in strength to dens:ty rstao matenala desenbed Rrcistra the notice. in the Footnote to this Section l (e) Publication may be limited by (e) Top Caps / Bot'om Cape D.sc shaped order of the Commission to the extent Appendia A-Ust of gas centrifuge components of between 75mm (3 ms ) and required by sectton 181 of the Atomie annchment plant componecta under NRC's 400mrn (16 ins } d.ameter especially des:gned Energy Act. esport bcenses authonty. or prepared to fit to the ends of the rotor

1. Assemblies codcomponents especea//y tube. and so centein the LTs wtthin the rotor l l 110132 Commission acuon on a petit 6cn. 7 des! ped orpreparedfor we m ges tube, and in some cases to sopport. retain or (a) The Commission may grant or p centrifuges contain as an integrated part, an element of l deny the petition in s hole or in part. *

(b) If the petition is granted. ag Note -The gas centnfuge nonrially the upper g g beenns,(t,op g cap) g gor ,,

to carry the notice of proposed rulemakmg or a consists of a thm-wa!!ed c>linder(s) of beanns (bottam cap). and manuf actured from un a notice of rulemaking will be published , f3[s),a n o one of the high streng4.to-der.sq ratio l in the PrDrut Rrcistra. and spun at h1 5 penpheral speed (of the matenals descnbed in the Footnote to this i (c) If the petition is denied, the peti- g order cf 300 m/per second and more) w1th the Q tioner sill be informed of the grounds.

(di Commission action on a petition central aos sertical In order to achieve high l

i speed the matenals of construction for the l

110 13 December 31,1984 l

App.A APP.A PART 110 e EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL Fumote ennchmeni plant sae the systems of the lent supply motor stators as dehned under i needed to feed LT.to the centnfuses to nk Section 15d), or parta, components and The enaterials used for centnfuse rotating evbauembhes of such frequency changers the individual centnfuses to each other to components are- form cascades (or stages) to allow for having all of the follomns charactensuca:

(al Marag ng steel capable of an u!umate crogressnely higher ennchments and to 1. A muluphoe output of e00 Hz to 2000Hz.

tensile attength of 2 050 x10' N/m'(KO.ON eattact the product and tails of UF. from the I L Hash stabibty (with frequency control Ib/m ' ] or more. centnfuges together with the equipment C bettrr than 01%).

(b) Alummium allo)s capable of an r, quired to dnve the centnfuses or to control '

ulumate tensile strength of 0 460 x10' N/ 8. Iow barmonic distoruce (less than 2%).

the plant. E 4 An efficiency of greater than act m' (6?.000 lb/tn ' ) or more Normany LT. is esaporsted from the sohd sa (c) Fdamentary matenals suitable for use in using heated autodeves and is distnbuted in ' I""*

composite structures and having a specif.c gaseous form to the centnfuges by way of Waterials meistant to corrosion by UF.

modulus of 12 3 x10' or g' ester and a specific cascade header pipewoi The "product" and include stainless steel sluminum aluminum ultimate tensile strength of 0 3 x10' or g eatec

• tails"of LT. gaseous streams flowing from aUoys suckel or alloys contauwg 80% or

("Specific Modulus"is the Yrucs's Modulus the cenmfuges an a!so passed by way of mon euchel.

in N/m' divided by the density in kgIm'. cascade header pipework to cold treps "Speci c Ulumate Tensile Strength"is the (operating at about -70 *C where they are ultima'e tensile strength in N/m' dmded by condensed prior to onward transfer into the density m Kg/M* )- suitable coctainers for transportauon or 1.2 Stche Compontats- storage. Because an ennchment plant consista (a) Magnenc Suspension Beanng' of many thousands of centnfuges arranted in EspecialJy des:gned or prepared beanr4 cascades, there are many kilometers of assemblies cons. sung of an annular magnet ce,tade hesder pipework incorporsung suspended withm a housms contaming a thousands of welds with a substantial amount damptng melum The housing mll be of re;etibon of layout. The equipment.

manufactured from a LT. resistart material component and piping systems are fabr6cated (see footnote to sechon 2) The magnet to very h!sh vacuum and deanhries:

couples with a pole piece or a second magnet standards fitted to the top cap desenbed in Section The following items either come into direct 1.1(e). The magnet may be negahaped with a contact mth UF. process gas or daectly nlabon between outer and inner diameter control the centnfuge and the passage of the smaner or equal to 161. The magnet rnay be gas from centnfute to centnfuge and cascade in a form having an inihal permeabiloy of to cascade o il Henry /rneter (120.000 in CGS grats) or (a) Feed S) stems / Product and Tai!s more, or an eneasy product of greater than Withdre w al Sy stems 80 No joules /m' (10 r 10' gauss.oersteds )in Especially designed or prepand process addstion to the usual matenal propert.es it is ~ s) stems induding.

e prerequisite that the deviabon of the 1. Feed autodases (or stations) used for

,, magnetic anes from the geometncal sies is ' passes LT.to the centnfuse cascades at up a hmited to sery small tolerances { loner than T 01mml or that bomogeneity of the matenal of [ to 100 Kg'm' (15(orlb!m t Desubhmers cold ')trape) used to

the magnet is speciairy cabed for e rernove LT. from the cascades up to 3 E (b) Beanngs/ Dampers EspeciaDy designed

• Kg /m'10 S iblini pressun ne desubbmera g or prepared beant gs corrpnstra e pnot/ cup em capable of bemg challed to -70 *C and assemb!) rnounted on a damoer The pivot is heated to ?0 *C.

normaD) a hardened steel shafi pol.shed into 3. Product and tails stabons und for a hemis;here at one end w.th a means of trapping UF.4nto contamers.

ettschment to the bottom cap descnbed m This plant equiprnent and pipework are Stenon 11(e) at the other The shaft ins). w houy ina de of or Lned mth LT. resistant howeser, base a hydrodynamic beanr4 matenals (see Footnote to this Section) and attached ne cup is peDet-shaped mth are fabncated to very h4h vacuum and hemisphencel indentaton in one surface. deenhness standards.

These componen's a e often su;phed (b) Machme Header Pipirs Systems.

separatch to the dampt EspeciaUy des:gned or prepared pipes (c) Molecular Pumps EspeciaDy des'sned systems and header systerns for handhng LT.

or prepared cyhtiders hasmg interrab withm the centnfuge cascades.

rnathmed or entruded hebcal gwes and 'this piptng network La normaUy of the intemally machmed bores Typira. "triple" header system with each centnfuse dimensions are as follows 7mm 10 3 ins 1 to connected to each of the beeders There is 4aomm (16 tns ) tnte:nal diameter.10mm (0 4 thus a substannel amount of repenben inits tr6 ) or enore ws!! tbch ness 1 to l length to form. It is wholly made of UF. resistant d:ameter rabo The g ooses are typically matenals (see Note to this Section) erd is r,etangular in cross section and 2mm (0 06 fabncated to very hob vacuum and i t ) or more in depth deantmesa standards.

(d) Motor Stato, EspeciaUy designed or (c) LT. Mass Spectrometers /loe Sources-p*epared rug shaped stato s for high speed Espec aDy designed or prepared magneuc or snulu. phase AC hysteres:s (or reluctance) quadrepole man spectrometers capable of motors for spichronous opersbon within a taking *on hne" sample of fee <L product or vocuum in the frequency renge of 80420t0 tails from LT. gas streams and having au of Hz and a power range of 50-100 volte emps the follomns charactensbca:

The stators corisist of multephase windmgs 1 Urut resoluboo for mass greater than am on a laminated low loss iron core compnsed 1 lon sources constructed of or Lned mth of thin la)ers typcally 1cmm (0.06 m ) thtch suchrorne, monel or suckel-plate.

orle s 3 Electron bombardment nontsstion L E.specnolly designed or prepared source s.

owhery systems. epipment and 4 Hasing a collector system suitable for cor ponents forgas cent;fuge ennchment isotope anal)eis.

P lanis- (d) Fnquency Char:gers Frequency l Note -The ausiha > e) stems equipment changers (also known as converters or and components for a gas centnfuge tasenors) upec any designed or prepared to December 31,1984

c r ,j, :

. a

$. A' '

PART 110 o EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL

(

l J

Appendix s-catesertiation of awJ ,

anatorial M atertal Form Category a u n-1

t. Piutenluma Unirrsdate a as or more toes than a as but snore than 800 e or neen ,

too a Uruuumnas. Uturrseated

• Uranium entsched to 30 pet U= w som a u or more tese than s Es but more than i i u or nees as 5 Urs.ntum enriched to 10 pet Um but nees than 30 le ts or more - Loss than 10 ks

- pet.

I UrsMum enriched above naturat but less than le le as or more

, pet U .

E e, s Uranum 2n Unirrseated

• a ta or more tems than t ta but more than so0 s or iana.

' boo e

• All plutotuum enarpt that atth biotopic conceatrsuon exceedans to pet in plutoruum 238

• wstena) not irrss:sted in a resetor or matenal arrseated in a rewter but with a rseauen leni equal to or nous than 300 rd/b at i e unahunded 8 Natural utanfus depleted uraniarn.thorwn and quanuties of uranlum enttched to less than 1M not falhng into Category W should h protected in accordance with prudent management practice.

nrrseated twl should be protected u estesory 1.11. or !!! nuc> ear matenal dependtns on the estesory of the trash tvet newewr, fuel which by strtue of its ortsm&J f asue matenal corunt is included u estesory I or !! before arraesuon should orup be reduced ore category neetL Whue the rednauon level from the fuel exceeds 100 rdth at I m unsPwided.

rhymesi munty determmaiens atu not be reavired ror is or sem et piutoruum. urardarn us or hishwiched urnatum, or ror a as or nees et uruuum with an enrichment betseen le and 20 pet m ursiuurn 22:

Appensin c tseiotedl as on 472,1 i

l l

l I

i l

l l

t l

l l

l l

1 1

l 1

\.4 -

l l

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110 15 Dooember 31,1984