ML20148H135
| ML20148H135 | |
| Person / Time | |
|---|---|
| Issue date: | 05/31/1985 |
| From: | NRC |
| To: | |
| References | |
| RULE-PR-110-MISC NUDOCS 8803290327 | |
| Download: ML20148H135 (17) | |
Text
- _ _ _ _ _ _ _ _ _ _ _ _ _
,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 54sn G-Ylesee.eas eed Infeesement b
Pmedum fee CessWeed lafeemenea la 14eednes I"
110 60 Violations.
110.120 Pxpose and scope.
1101 Purpose and secpe-11061 Nouce of violanon.
110.2 Deftrutions.
110.62 Order to shoe esuse.
110.121 Leeurity ejearances and access to 110.3 Interpretahons 110 63 Order for resocation, suspenston, of 110 m
110 4 Inquines modification.
H 0 m N e of m W M m M 110 5 tacense regarements.
i pent ty fied informauon.
110 6 Retransfers.
M 124 marrangent or suspens4n of a 110 64 I:nforcement heartng 1107 Information cdettaon requirements hearing.
110.125 Unclassified statements required OMB appros at SybpeN M-Pyblic NotiNetion end Avelleb414ty 110.126 Protecuon of clasatfied informs.
110.4 List of nuc! car equipment and malenal of Deewmeaes end Buerds h
under NRC esport bcens.ng authorit3 llo 10 Notlee of receipt of an appucation Svbeen L-avie wing 110 9 Ust of euclear equ p'nent and material Mee M Mdraw of an amea under NRC imPoft hcenseg authonty.
tion.
110 130 Intuation el rule making.
110 72 As allabihty of documents in the 110.131 Peution for rule making Subpart 5-4:emptona 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-censing authority.
110 21 Esport of spedal nuclear material 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 grat ne ll% C ni as on $$$ ' n a hearing re.
h
^^ "' ^
o 110 26 Espo't of nuclear reactor components
, uest or intenenuon peuuon.
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-
,181.182.,183.18'.189' 68 Mat 929. 930. M1' Subpart D-Appucat6one for Spectflc dit ons in a no e
- order, g,g g 97 gg 953.954.955. 95f an 110 89 Mhne and aerslet amended (42 U.S C 231. 20 3. 20?4. 20r7.
S
110 90 Computation of time.
2092-2095. 2111, 2112. 2133, 2154. 2139. 21394, 110 30 Fihng hcense appheaucns.
110el Commission consultauons.
2141.21M-2158,2201.2231-2233.2237,12391 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
!!0 101 Filing and aeruce.
- W533. 64 SML 3134 (22 U S C 2403) Sscuon
- 10 40 Comm.smn reue,.
110 102 Heansig docket.
'* 11011 also issued under see 122 68 Stat. 939 h13 4 h Entsu"s e iirrech rtst#w 110 103 Acceptance of hearing documents. [ (42 U *., C 2152) and secs. 54c. and 5?d to
):3 42 Es;. ort 1. censing cntena 110 43 54 5.csl secur:ty st"'dards lf Pres f en 3
R,
}
and ooen of W g Stat 4?3. 475 (42 U.S C. 2c74) Sect on 110 44 !ssoance oc denist of Mcerises ensiding officer in an oral hearing.
"'E Stat.142 (42 U.S C 21531 Sect on 110 51 also 110 45 ConMt readt43 in terwaton of Il0 INi Partselpation in a heving.
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 110 til Waner of a rule or regulabon.
110135 also issued under 5 U S C 553 a
110 112 fleporter snd tranacript for en oral For the purpose of sec 223. 68 Stat 958 as gg amendet 142 U.S C. 22?3). Ii 110.20-110 29.
I tu 51 Arrend ems.
)li [13 Commission ac m a
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
~
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
)
(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 export of nuclear equipment and by the square ci its enrichment ex-or nuclear explosive device, designed k
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 Control and Disarmarnent Agency,"Export" means export from the ~g for cooling aad for a Energy Act,except when the cal shock, external fittings, neutron 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 commodities solely to take advantage of Commission or the issuance oflicensing 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 "IAEA" means the International matter of discretion.
E Atomic Energy Agency.
- Person" means any individual.
z ion fa t es 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,
corporation of testimony or documen. I group. Government agency other than e
"Agreement for with another [e ing'tary matter into the record of a hear
- I the CommisCon or,with nspect to cooperation,'
means any agreement nation or group of nations concluded *
"License" means a general or spe ! State or' political entity within a State:
}
""*'O' I N ""I under section 123 of the Atomic 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 State as defmed in the Treaty on,eap' the nuclear reactor or plant specIslly de-under Executive Order 12356.
Non Proliferat'on of Nuclear 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 and exploded a nuclear aespon or slon or its duly authortred representa.
other nuclear explosive devlee prior to :, material, the separation of isotopes or th es.
"Non Proliferation Act,' means [ the chemical reprocessing of irradi January 1,196't.
"Common riefense and security" ed soaree,or special nuclear material.
means the common defense and secu.
. Public Document Room" rity of the United States.
the Nuclear Non Proliferation Act of,e means the 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
{ 110.6 Retrenefera.
atmospheres.
of the Commtaslon.
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 produced through the use of U.S. origin or prepared for use in a nuclear reactor.
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, h
p{
Department of Energy, unless the export thermal shields. baffles. core and plates 1al nu ar at 1'
to the new destination is authorized and diffuser plates specially designed or nium enriched above 0.711 percent by 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 Energy, Office of International Nuclear nudear material or hthium, and 2 also desYorr ou ds and Non Prohferation Policy, components for those plants as follows:8 n
ue E containmg trit um m which the ratio of a chington. D C. 20585.
(1) Uranium hexafluoride (LT.)
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
{,
The Nuclear Regulatory Commission isotopes of source matenal, special
- 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 follows:
diffusion plants.
Except as authorized by the Com.
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 tion by the Cornmission's General designed or prepared to contam the core components desenbed in this paragraph n
Counsel is binding upon the Commis-of a nuclear reactor and capable of
~
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 "8 "' "
I "I '
kn i e t o a Safe a ds U in an perating nuclear reactor."8 "
- i e., remotely operated equipment 8 Nuclear Regulatory Commission, I Washingtort, D C. i >555 (telephone (301)
(3) Reactor control rods. I e., rods e specially deogned or pepared to cut.
specially desiFned or prepared for the chop. or shear irradiated nuclear reactor
' 492,-45% or 492-7964).
I control of the reaction rate in a nuclear fuel assemblies bundles. or rods
, 3,3 y,,n,,,,,j,,,,ng, n ector.
Except as provided under Subpart B.
r.o person may export any nuclear
, g (44) Rea ctor pri ary c la t pumps.
.I equipment or matenal beted in i 110 8.
l p,repared for circulating the primary mponem. of a s,u une f.ee ewmeni um pumps p y
F" or import any nuclear equipment or
%,,, %,,,, m, m,% g 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
'.tions of othu Gownmut mantles or in alloys in concentrahons of r e mate i 1 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 (d) A generallicense for export may person to export urardum or thecium in Subpart B-Ezomptions 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 tion-plutonium. unless these activities are (c) A generallicense is issued to any exemfs authonsed uy law-E genencally authorized under an person to exp rt u*anium or thorium in (1)
(2)Is riot minuul to the' common j appropriate agreement for cooperation ji u o m so i g am r g
, defense and secur ty; and a (e) As specified in ll 110 21 through on ma ex m
n1 a
(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 americium 241.
and after complet on of rulemakmg country involved A key factor in this
=
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 0 0
0 0
'U
[0 Esport of IAE A safeguarda cunes t pment o O cuse er
- I
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 don not rel.ese any person from individual shipments of 0 001 effertive shipments of 1 gram or less. No person i
compl>ing with Parts 71 or 73 of this kilograms or less (6 g.1.0 gram of sna) export more than to grams per year l
chapter or any Commissior, order plutonium. U.233 or U 235. or to to any one country.
pursuant te section 201[a) of the Energ) kilograms of 1 percent ennched i
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.,
(
- (b) A general hcense is issued to any ladon.e*
Sa'd'a nwcw s,.,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.
[n one cune per shipment or 100 cur.es per
,trerand Itay Lunernteourt the Netherlands
, 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
'. exploration equipment in quantities not authorize the export of essentially for Export / import and International a
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 individus exports f c mp nents would deliver the apphcation in person to the to any one country.
amount in the aggregale to export of an Commission's offices at 1717 H Street.
{
essentially complete nuclear reactor, a NW' Washington.DC.
, >[c) A generallicente is issued to any factbty export beense is required-(b) An export license appheation
- person to export bult urdispersed (c) Persons makmJt exports under the shouid be filed on Form NRC 7 unless it
- tritium in indmdual shipments of 100 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 28 or i110 29 No person may subnut by February 1 of each year one opphcation and a production or export more than 10.000 cunes per y ear copy of a report of a!! components utahration facihty export license t
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 (c) Each person shall provide in the person to export deutenum in individual l1108;a).
heense appbcation. as appropriate, the shipments of to kilograms or less (50 (2) Approximate shipment dates.
information specified in i 110.31. The kilorams of heavy watm) to any (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 submission of additionalinformation if j No person may expor1 more than 200 t
- pecessary to complete its review.
- kilograms (1000 kilogame of heavy
- I 110.27 Importam
- rne(d) A consohdated beense application a water) pe* year to any one country.
r A general beense is issued to any y be filed covering multiple (b) A general beente is issued to any
$ person to export deutenum in individual l person to impen byproduct. source or k shipments.
6
- 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 application may be incorporated by kilograms of heavy water) to any 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 nuclear rnatenal under this eeneral (b) Name and address of suppher of 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 this chapter.
(d) Names and addresses of all 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,
^*7 of.';I "
rams or kilograrns (cunes for baroduct detailed ranchintns and other fmal steps necessary for the miended end t.se of f E *,'..
=
material) and its chemical and physical the product I {)-
e For enriched uranium, the
- l 110.24 giport of nucim reector
- m.
sea o.b e masirnum weight percentage of cochvonents.
'D~
b' W#
U,"'.
enrichment anni rnasimum m eight of
[s) A general heense is issued to an)
N7 contained U-235 person to export any nuclear reactor o.,
1, u., m (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-(4) For nuclear reactors. the name of through (a)f 9). for cse in any hght or f heavy water moderated power or O,
},7,",
the feethty and its design power lesel research reactor in any of the foHc Aing u.
tW.
(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 Subpert E-Review of Llu nse 3 production, advanced reactors or the explosive device or for research on or
~
Appiketlens a fabrication of nuclear fuel containing development of any nuclear explosne
- 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 7toduced through the use thereof.
tiously process the appbc.tton concur-Mactor.
b sical secunty measures will be rently with review by the Executive
- Branch, l7] An export to any country bsted in dee..'ed adequate if such measures i ) The Commissioners s$all review a i 110.28 or i 110.29 proviot a lesel of protection equis alent b
license application for export of the (8) An export sub}ect to special to that set forth in i 110 43 fo[Jowing.
limitations as determined by the (4) No such material or facihties (1) A productier. or utilization facihty.
,. Commission or the Executive Branch proposed to be exported. and no special 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:
U 233.
(1) Provide its judgment u to retransferred to the junsdiction of any (3)1.000 kilograrns or more of heavy shether the proposed export would be ;other country or group of countries inimical to the common defense and ; unless the prior approval of the United water or nuclear grade graphite.
(4) An ex ortinvolving assistance to g accurity, along sith supporting ratio = States is obtained for such retransfer, end uses tefated to isotope separation, nale and ini rmation.
8 (5) No such material proposed to be a (2) Where applicable, confirm that exported and no special nuclear chemical reprocessing. heavy water (the proposed export would be under,, the terms of an agreement for cooper. "
material produced through the use of productiorL advanced reactors ce the 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 such material removed from a reactor I exports approved in advance by the export criteria in section 110.42 are 8 Commission as constituting permitted met, if apphenble, and the extent to will be altered in fo m or content, unless incidental assistance.
shich the recipient country or group the prior approval of the United States is 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 alterstgn.
6ince March 10. W8 of source or special co pnauon.
(6) Ntb nspect to expens of such nuclear materiaI for nucIear end use.
(c) The Commission may request the material or f acihties to nonnuclear I
(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 kilo {sm oflow ennched uranfum:(iii) ist pomoveel as m utet carned out under the control of such nucfear's de'gIs te or(
(a) review oflicense appbcations will not be apphed if the Commission 42 tiport lic* nebs enterta state at the time of export.This critenen te 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.
under the terms of an agreement for mpone of complete n.ct.ar nectors compieie (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.
[*,h,'(([,',",'$",[*' 'o*S[*,['l,[
exports, doee not constitute en unreasonable nok to the pubhc health (2) More than one efrective kilogram wnmn w anached da.co to the rucier enut 8
r e of h:gn.ennched uranium or10 grams of
- be tatrol N iml of ow" * ** "* cia ce" and safety in the United States.
P
**""*"7"a
(b) The review of heense appbeations coruset mah er control m'a = came e dacipra.en coolant of m for the export of nuclear equipment.
' plutonium or U 233 (3) Deuterium. nuclear grade graphite.
,..ei, wieu,e.ci, p n..no e,,po ni, roductaun or utihtation other than a for deuterium and nucleer or os er 100 curies of tritium.
gec en compieie pre...re nuri enme y and facihty'repWe. u gotemed b) 6 (4) Source or special nuclear material
- PN c'at'*! '*d* *' f**f c h*'8'a8 **d grade g 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
Il0.45(b) 110.42(b)
PART 110 o EXPORT AND IMPORT GF NUCLEAR EQUIPMENT AND MATERIAL foUowing entena:
protectien comparable to that set forth explanation of the basis for the decision (1)lAEA safeguards as required by in INFCIRC/225 will be maintained and any dissenting or separate views.
Article 111(2) of the NPT wall be apphed (c) Commission determinations on the The provisions in this paragraph do not
(
with respect to such equipr.ent or adequacy of physical security programs apply to byproduct matertsi export ma terial.
in recipient countnes for exported license applications.
f acihties are made in accordance with (d) The Commission will deny-(1) Any (2) No such equipment or matenal wiU be used for any nuclear explosise desice the categones of matenal(su Appendix export license application for which the or for research on or developmer:t of any B)in use or in storage at the exported Executive Branch judgment does not nuclear explosive device.
facilities and are based on available recomrnend ap, :) val; (2) any byproduc' (3) No such equipment or material will relevant information and written material export license appbcation for be retransferred to the junsdiction of assurances from the recipient country or which the Commission la unable to any other country or group of countnes group of countries that physical security
- make the finding in paragraph (a)(1) of without the pnor consent of the United measures providing, as a minimum,
, this moru oe (3) any import Ucense 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 inimical to the common defense and (d) Commission determinations may
' (b) of this section.no applicant will be be based on a country. wide fmd ng notified in writing of the reason for e
secunty.
rather than on case by-case analysis.
denfa!.
(c) The review oflicense applications The Commission will reenamine a i t10,45 Casuct reautung Marminetton for the export of byproduct material and for source ma terial for nonnuclear end determination whenever there are of nucaear exports.
uses is goserned by the cntenon that the changed circumstances w, thin a country (s) Except as provided in parcgrah (c) proposed export is not inimical to the that might reduce the effectiveness of its of this section, no license will be issued common defense and secunty, physical security program.
to export nuclear equipment or material.
I 110.43 Phyweal secunty esanostos.
I 110 44 inavance or ental of bconaes.
other than byproduct materful, to any nonnuclear weapon state that la found (a) Commission determinations on the (a)The Commission wiu issue an adequacy of physical secunty programs export hcense if it has been notified by by the President to have, after March 10, IM in recipient ecuntnes for Category I the State Departrnent that it is the 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
- and -
- (1) Review of the physical security safegurds; (1) Finds, based upon a reasonable j (3) Materially violated an IAEA safe-a program estabhshed by the recy,ient
- country and of the implementation of a judgment of the assurances prended
- guarda agreement; or the national tequirements. as considered, and other information available to the E (4) Engaged in activities involving e
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-
{
the physical secunty measures provide are met. (If an Executise Order presides ufacture or acquisition of nuclear ex.
plosjve devlees, and f atted to take steps as a minimum, protection comparable to an exemption pursuant to section 106a thtt iet forth in International Atomic of the Atomic Energy Act. proposed gos{c h
ard 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
,'etio Nuclear Matena' ' (INFCIRC/:25). which 1110 42[a)(4) and (5)). or (e og j 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 ',0 *"M'b g g, 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-recipient cosmtr) or group of countnes Part 51 of this chapter hase been
- ture or acquistion of nuclear explosive that ph)sical security measures satisfied.
e devlees, and failed to take steps which
- 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 (b) Commission determinations on the inimical to the common defense and the transfer of reprocessing equip.
adequacy of physical secunty programs security, t}e Commissien dos s not issue ment, materials or technology to the i
in recipient countnes for Catract) !! and the proposed beense on a timely basia sovereign control of a non nuclear
!!! quantities of matenallate Appenda because it is unable to make the seapon state, except in connection B) are based on esailable relevent statutory determinations required under with an international fuel cycle esalu-ation in thlch the United States is a l
information and written assurances the Atomic Energy Act, the Commission psrticipant or pursuant to an interna-l from the recip:ent country or group of will pubhcly issue a decision to that tional agreement or understanding to I
countnes that physical secunty effect, and will submit the beense 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 responsible for compliance with the e
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 Energy Act and to all applicable rules.
o dkisions and orders of (5) A license may be transferred, dis-Qg 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.
g (ly for the purpose stated in the license
- 2) A licenser may export or import
, on
{jpplication.
i
[
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
- and International Safeguards at least 40 1
" 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
% ) 110.51 Amendment and renewal of T
right, within 20 days or other specified go,m t (b) Each licensee shall mainteln a time, to file a tritten answer and
- record of each export or import for 5 demand a hearing.
(a) Alicensee may submit en a years (2 years for byproduct material).
(b) An answer consenting to the pro-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 is submitted 30 days or more before the L ing and of all righta to seek further 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 that the violation is willful or that the (c) An amendment is not required public health, safety, or interest so re-2 for-
- (c) Each licensee shall permit the I (1) Changes in value (but not amount Commission to inspect his records, quires.
premises, and activities pertaining to I lit 63 Order for revocation, suspension.
E or quantity):
his exporta and importa when neces.
" g;gg,,gg,"'
S
- (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 (d)la acting upon license renewal and alon of the Atomic Energy act or title (2) Informing the licensee of his amendment applications, the II of the Energy Reorganization Act right, sithin 20 days or other specified Commission will use as appropriate the or of any rule, regulation, license, or time, to fue a written ansaer and same procedures and criteria it uses for order pron.ulgated under these Acta demand a hearing.
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 and imprisonment as provided by law; action will become effective and per.
(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 i1104 e ation, suspens6cn.
and violation Commission, after considering the will issue an order dismissing
" for payment of a civil penalty imposed
- the proceeding, staying the effective-pended, or modified for a condition ! pursuant to section 234 of the Atomic ! neas of the order or takin (a) A lleense may be revoked, sus-g N Energy Act.
a propriate action.
t (d) The order may be made effective require $ oc(ation, suspension. or modification ofd) A violation ma shich would warrant dental of the z with reasons stated.
original lleense application.
N ending further hearing and order, (b) The Commission may p
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 (a) Before instituting any enforce, public health, safety, or interest so re.
revoked, suspended, or modified.
ment hetton the Commission will serve
- quires, fe e and see it pub hea t on the licensee written nottee of viola
- 1 110.64 Civil penalty, and safety requires otherwise, no 11-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 modified
, formed in writing of the grounds for violation; require the lleensee to re.
Ing to impose a civil penalty under sec-a such scucn and afforded the opportu-ond in 37tting, mithin 20 days or tion 234 of the Atomic Energy Act by
{ nity to reply and be heard under pro-other specified time; and may also re.
issuing a notice to the licensee:
ceduras patterned on those in subpart (1) Stating the t!!eged violation and g
quire the lleensee to state the correc.
ttve steps taken or to be taken and the the amount of the proposed penalty; date when full compilance will be (2) Informing the licensee of his right, within 20 days or other specified achieved.
(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.
I11053 l'alted States address, records, ceived, an order to show cause may be ment for a subsequently imposed pen-and inspections, issued pursuant to i110.62 or a pro-alty may be referred to the Attorney 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-En order to show cause issued when the time specifled, the Commission Quired by the Commission till be will Lasue an order imposing the pro-the Commission deterTnines that the maintained.
violation is willful or that the public posed penalty.
(c) If a timely answer is filed, the hetl;h. safety, or interest so requires.
Cornmission, after considering the i110 of Order to show cause.
answer, will issue an order dismissing the proceeding or imposing a penalty (a) In response to an alleged viola.
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:
7 (1) Stating the alleged violation and III', 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
(
~
collection. payment of penallfes shall l the a7plicant or lleensee; (4) Spwify, when a person asserts be rnade by check, draft, or money (c) Funuu. Rscisin notices; that his interest may be affected, both 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.
amendmente and amenaments.
E l 110.83 Answen and rwes.
or presiding officer if a hearing has E (a) Unless otherwise specified by the been requested. the te ms of the set
- I 110.73 Availability of NRC records.
-3 tlement or compromise sill be em-g' Commission, en answer to a heating (a) Commission records under this E bodied in the order disposing of the 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 answ ha be n il d
$wbport 1-Public Portkipotion Prece.
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 in
- written comments from the public re e fected, the Commission will consider:
a 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 cfa t ry a na eurd t
should be ub i ed s1 thin 3 g) after public nottee of receipt of the ap.
(1) A produebon or utilization facihty.
pucation and addressed to the Secte.
(b) If a hearing request or interven-tion petition asserts an interest shich E (2) The effective kilograms or more of tary. U.S. Nuclear Regulatory Com.
- plutonium high enriched uranium or mission. Washington. D.C. 20555. At.
may be affected. the Commission will consider.
uranium 233' tention: Chief, Docketing and Sers1ce (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 (c) Pertoon lists of appliestions re-portunity for response.
(3) The possible effect of any order on that interest. Including whether eched may be obtatned upon request
( 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 (a) A person may request a hearing granting relief sould redress the al-Safeguards U.S. Nuclear Regulatory 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.
tervention petitions may be denied g
b) Hearing requests and intervention cation.
(
uniera good cause for failure to file on 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-a ing a copy of the sithdrasal request }u.
mission till also consider:
' in the Public Document Room' (1) State the narne, addreas and tele.
(1) The availability of other means P
g by thleh the requestor's or petition.
$11032 Availability of documents in the " phone number of the requestor or pe.
er's interest. If any, will be protected titioner; Public Document Room.
8 (2) Set forth the !ssues sought to be or represented by other participants in Unless exempt from disclosure under., raised; a hearing; and e
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 Room:
e intervention would assist the F (d) Before granting or denying a (as The license app!! cation and any Commission in making the
- heanng request or inten ention petition.
I the Cammission ml! review the requests for amendmen.4; (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
'" (2) The certificate or affidavit of the
.g Executive Branch's views on the license 1 110.87 Conditions in a notice or order.
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.
requester, the Commissier daff the may restrict irrelevant or duplicative cumstances warrant.
k*
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 and the last day is included. If the last day is a Saturday, Sunday or
- (el The C iss!
'111 d g !.he notice or order may limit his par. !!egal holiday at the place where the quest or peti n that pertal s lel
, ticipation secordingly.
N required action is to be accomplished.
to matters outside its jurisdiction (c) Unless authortzed by the Com- [d y which is n
the time period will end on the next (f) If an issue has been adequately explored in a previous licensin hear. g m granting of parde@auM a
not a Saturday, Sanday n
aill not broaden the hearing issues.
- or legt] holiday.
for a neu hearing in cor[n\\c 1 110.85 Authority of the Secretary.
(b) In time periode nf 1 days or less.
e ues Lion with that issue will be denied The Secretary is authorised to pre.
Saturdays. Sundays and holidays are not counted.
unless:
scribe time schedules and other proce, (1) A hearing request or intervention dural arrangements, when not covered (c) Whenever an action is required I
"P 8C l b ap petition establishes that an interest by this part, and rule on related proce.
g ant 8g g may be affected; or
, dural requests.
shall be added to the prescribed period (2) The Comminion determir.cs u...
if service is by r.ull.
changtd circumstances or new infor.
[ 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 whether the hearing will ; deposit in the mailor with a telegraph A denial nottee will set forth the rea. j be oral cr consist of written comments.
l Ph headngs.
, company.
(b) All filing and Commission notkes Hearings under this part will be sons for denial.
6
- 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.
U.S Nuclear Regulatory Commission, c I110.101 Filing and senice.
a g
sisting of 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 someone tra charge; or. If there is no e[socumenta.
person; or leaving it !n his office with I 110.103 Acceptance of hearing any hearing under this section and l 110.86 to any person who so requests.
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 ran earing tige.
cupant of suitable age and discretion;
[num to be considered, e
(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' t in the United States (4) Specify the time limit for partiel.
(3) Depositing i one original and signed by the partiel.
pants and others to indicate shether mail, properly stamped and addressed, ant or his authorized representative with his address and date of signature they sish to present viess; and Of (5) State any other instructions the (4) Any ther manner authorized by indicated. The signature is a represen-3 ation that the document is submitted t
Commission deems appropriate.
las, wh:n service etnnot be made as (b)If the Commission is not the pre, provideo m subparagraphs (1) through e, rith full authority, the signator knows its contents and that, to the l
siding offleer, the notice of oral hear.
(3L e best of his knosledge, the staternents ing will also state; N made in it are true.
(1) When the jurisdiction of the pre-(d) Proof of service stating the name (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
Il0.ll2(b) 110.103(c)
PART 110 e EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL turned sith an explanation for nonac-Commission, which may then issue its dress of the participant on whose ceptance and,if so, will not be docket.
opinion on the hearing or provide that behalf he appet s.
ed.
additional testimony be presented.
(c) A person may be excluded from a hearing for disorderly, dilatory or con-1 110.104 Presiding ofncer.
( 110.104 Participation in a hearing.
temptuous conduct, provided he is in.
(a) The full Commission will ordi-(a) Unless otherwise limited by this formed of the grounds and given an nart;y be the presiding officer at a part or by the Commission. partici.
opportunity to respond.
hearing under this part. However, the pants in a hearing may submit:
Commission may provide in a hearing (1) Initial and concluding written i 110.109 Motions and requesta.
notice that one or more Commission-statements of position on the issues; (a) Motions and requests shall be ad-ers,or any other person as provided by (2) Written questions to the presid.
dressed to the presidmg officer, and,if las, s ill preside, ing offleer; and written, also filed with the Secretary (b) A participant may submit a writ.
(3) Written responses and rebuttal and served on other participants.
ten motion for the disqualificatan of testimony to the s*stements of other (b) Other partiefpants may respond any person presiding. The motion participants.
to the snotion or request. Responses to shall be supported by affidavit setting (b) Participants in an oral hearing sritten motions or requests shall be 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 preside, in response to a motion or re-not grant the motion or the pe Rn ny.
does not disqualify himself, the Com-(c) A participant in an import licens.
Quest, the presiding officer may refer mission will decide the matter.
ing hearing establishing that hl. inter.
a ruling or certify a question to the (c) If any presiding officer designar est may be affected, may be secorded Commission for decision and notify ed by the Commission deems himself additionti procedural rights under the participants.
disqualified. he shall withdraw by Subpart G of Part 2 sith respect to (d) Unless otherntse ordered by the notice on the record after notifying resolution of domestic f tetual issues Commission, a motion or request, or the Commission.
regarding the public hetith, safety the certification of a question or refer.
(d)If a presiding officer becomes un.
and environment of the UcJted States.
ral of a ruling, shall not stay or extend available, the Commission stil desig-and the protection of the United any aspect of the hearing.
nate a replacement.
States public against domestic theft, f e) Any motion concerning the desig-diversion or sabotage to the extent 1 110.110 Defauh.
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.
All direct testimony in an ort! g i110.111 % aber of a rule or regvlation.
sion commences as designated in the (a) 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. E (a) A participant may petition that a the Commission, or when the presid g wise ordered or allowed.
E Commission rule or regulation be g
m (b) Written testimony will be re *,; salved sith respect to the license ap-ing offleer is disqualifted.
w O
Q ceived into evidence in exhibit form.
- plication under consideration.
1 110.105 Responsibiht3 and pomer of the (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 (a) The presiding officer in any oral nated as participants may testify in cumstances concerning the subject of 1
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.
(1) Take actien to avoid unnecessary
(!) Participants and witnesses will be (d) Other participt!.ts may, within i
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-(g) The presiding offleer may necept sion, shleh, in response, will grant or ticipants and witnessess; j
(4) Order consolidation of partici, written testimony from a person deny the stiver or direct any further unable to appear at the hearing, and proceedingt i
pants (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 l
(8) I mit the number of witnesses,
- dence, oral hearing.
and (a) A reporter designated by the (9) Strike or reject duplicative or ir-l 110108 Appearance in an oral hearing.
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 hearing on his own behalf or be repre-transcript.
does not preside:
(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 (b) A person appearing shall file a Public Document Room, and copies mission for deelslon; stitten notice stating nts name, Ed-myM W
tm i
(2) Any hearing order may be modi.
dress and telephone number, and if an U.S. Nuclear Regulatory Commission' 1
J fled by the Commission; and authorned representative, the oasis of Washington. D C. 20555-(3) The presiding cfficer will certify his chgibthty and the name and ad.
the completed hearing record to the 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.
and. If not classified or othersise may be needed to prepare a partici, slon prompt %ritten notice of intent privileged, the information will be pant's position on the hearing issues, and only as permitted by the Commis.
sion shen it determines that the placed in the Public Docurvent Room the Commission may issue an order and furnished to the participants.
granting access to this information to public interest will not be prejudiced.
(c) The notice of intent shall be un.
(d) The Commission may issue a 11 the participant, his authorized repte.
classifted and. to the extent consistent cense before completion of a hearing if sentative or other persons. Access will 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 the public interest, particularly the granted unless required security clear.
fdEl hlch it is anticipat.
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 secret or other)['
prosided a fair opportunity to present Cornmission will grant access to a par.
(3) When it s anticipated that the
- ticipant, his authortzed representative kinformation would be introduced. and his vieu s.
3 or such other persons as the Commis.
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 (4) Take other action as approprl.
required security clearances base been When a participant sites notlee of
- 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.
d',Iensband security; and and to declassify. to the maximum Executive Branch will, to the extent 2
di P
C I
N I^
h cl i n r ao' obligation rests on each participant agency.
( 110.121 Security clearances and access (k) Upon completion of a hearing, shether or not any other participant to classified information.
the Corr.mtssion stil terminate all se.
has the required security clearances.
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, bservance of other procedures to to the extent consistent sith classift.
u 4.
a p cation ra ess clas safeguard this information.
cation requirements submit to the sified information.
[a'n an un b (c) To the extent practicable, appll-1 810.122 Classificat6on assistance tement On the request of any hearing par-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 (2) In accordance with procedures other); the reasons for requesting 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
(
If the ornmiss on d'etermines lH n m se ru ma ns.
of which 3 are connected to scoops estanding that the unclassified statement (to.
(a) When the Commission proposes from the rotor atis towards the penphery of gether with such unclassified modifi.
to amend the regulations in this part, the rotor chamber. Also contamed withm the cations as it finds are necessary or ap-it sill normally publish a notice of vacuum enwonment are a number of entical propriate to protect the interest og proposed rulemaking in the Prntut items which do not rotate and which, although they are especially designed, are not agoggygn' tice of propcsed rulemaking difficult to fabncate nor are they fabncated other participants and the public) ade-(b) A no 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 Protec' ion of classified informa. E" tions for the conduct of the hearing.
1 110.126 (c) A notice of proposed rulemaking 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 person from safeguardmg clusi $, mission for good cause provides other-.. Howeser.the complete assembly may be fied information as required by law vise in the notice.
g delivered only partly assembled and rules. regulations or orders of any l pre (b) Rotor Tubet Especially designed or a-
, Government agency.
I 110.134 Public participation.
pared 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 submission of STitten comments-in the Footnote to this Section.
- to amend the regulations in this part (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 "'I'". a'nd manufac'ured from one of the UU**
- b**8*
convolute Washmston. D C.
205 $5. Attention:
the Commission will publish in the h:3h strength-to densay reno matenals Chief. Docketing and Service Branch.
Protut Rrcistra a notice of rule.
desenbed in the footnote to this sect 2 ort.
(b) The petition shall state the basis making whleh includes a statement of (d) Bafnes. D.sc shaped corr.ponents of for the requested amendment-its ba. sis and purpose, effective date (c) The petition may request the and, shere appropriate, any signifg, betwun ?$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 (b) If the petition is granted. ag Note -The gas centnfuge nonrially the upper beenns,(t,op cap) or to carry the l
deny the petition in s hole or in part.
g g
g g g,,
consists of a thm-wa!!ed c>linder(s) of notice of proposed rulemakmg or a beanns (bottam cap). and manuf actured from f3[s),a one of the high streng4.to-der.sq ratio a
un notice of rulemaking will be published,
n o l
in the PrDrut Rrcistra.
matenals descnbed in the Footnote to this i
(c) If the petition is denied, the peti-and spun at h1 5 penpheral speed (of the g
Q tioner sill be informed of the grounds.
order cf 300 m/per second and more) w1th the l
(di Commission action on a petition central aos sertical In order to achieve high speed the matenals of construction for the i
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 the individual centnfuses to each other to evbauembhes of such frequency changers 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 '
- 8. Iow barmonic distoruce (less than 2%).
ulumate tensile strength of 0 460 x10' N/
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
' I""*
(c) Fdamentary matenals suitable for use in using heated autodeves and is distnbuted in 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
[ to 100 Kg'm' (15 lb!m ')
T 01mml or that bomogeneity of the matenal of t Desubhmers (or 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 h h vacuum and 4
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 anis-(d) Fnquency Char:gers Frequency l
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
r,j, :
c
$. 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
l l
110 15 Dooember 31,1984