ML20198A173

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Concurs W/Intl Programs Director Recommendation That Effort on Proposed Rulemaking 10CFR110, Export & Import of Nuclear Equipment & Matl, Should Continue.Complete RES Independent Review Package Forwarded to EDO
ML20198A173
Person / Time
Issue date: 09/18/1985
From: Minogue R
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To: Dircks W
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20198A175 List:
References
RULE-PR-110-MISC, RULE-PR-MISC AC20-2-14, NUDOCS 8509270159
Download: ML20198A173 (3)


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j MEMORANDUM FOR:

William J. Dircks Executive Director for Operations FROM:

Robert B. Minogue, Director Office of Nuclear Regulatory Research

SUBJECT:

CONTROL OF NRC RULEMAKING: RES INDEPLADENT REVIEW 0F ONGOING RULEMAKING SPONSORED BY IP Based on our independent review of the proposed rulemaking, " Export and Import of Nuclear Equipment and Material" (10 CFR Part 110), RES agrees with the recommendation of the Director, IP that this rulemaking effort should continue.

The basis for our recommendation is as follows:

The first part of the proposed rulemaking, an amendment to fl10.8(c), has already been approved and published. The remainder of the proposed rulemaking involves the amendment of NRC's export regulations in the following areas:

1.

To amend the foreign-origin nuclear material or equipment export notification requirement for licensees in $110.50(b)(3) so that it applies not only to Australian-origin material and equipment but also to Canadian-origin material and equipment. This amendment was initiated by a request from Canada and requires the con'sent of the Canadian Government for a U.S. licensee to export Canadian-origin nuclear material or equipment, unless the license specifically authorizes its export.

2.

To amend the list of restricted destinations for exporting nuclear materials in 5110.29 to delete those countries which have recently ratified the Nuclear Nonproliferation Treaty (NPT). This amendment removes special restrictions on the export of nuclear material or equipment to countries which have not ratified the NPT.

3.

To amend the restrictions on export byproduct material in 9110.23(b) to allow export of americium-241 contained in industrial process control equipment. This amendment corrects an oversight in the i

current regulation which prohibits export of americium-241 exceeding one curie per shipment or 100 curies per year to countries listed in

$110.29, unless it is contained in petroleum exploration equipment.

Since it was never the intention to prohibit export of americium-241 for legitimate comercial use, the proposed amendment corrects this oversight.

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  • f William J. Dircks 2

It is judged that this rulemaking will have no impact upon the general public and minimal impact on the industry and the NRC.

i The scheduling for this rulemaking confoms with your June 12, 1985 directive on timeliness and is judged to be reasonable.

The Director of IP reconnends that this rulemaking continue.

The com lete RES independent review package has been sent to OEDO (Attn:

i DEDROGR and to the Director, IP.

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Robert B. Minogue, Director Office of Nuclear Regulatory Research i

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JustHr asaannas We are at step III.C.2, "RIRB deliberations," of.the RES independent review procedures for the attached specific ongoing rulemaking sponsored by y_(p Please evaluate the. attached dra'ft independent review package and provide RAf1RB with your voting sheet i

indicating your. position on the rulemaking.

Your response by c.o.b. %9 34-n \\3gs will assist in RES' making independen,t recomendations to the EDO in a timely manner.

Do poor ese this sann es e Recono et approvens, senearveness, amepasses, ensooness, and anneer eeniens PROnL pdesng erg. sym6ef, Agency /PesQ Asem W.

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