ML20203B404
| ML20203B404 | |
| Person / Time | |
|---|---|
| Issue date: | 04/01/1986 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20198A175 | List: |
| References | |
| RULE-PR-110-MISC AC20-2-05, AC20-2-5, NUDOCS 8607180202 | |
| Download: ML20203B404 (20) | |
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's Anoroved for Publication The Connissicn delegated to the EDO (l' CFR 1./1(c) and (d)) the authority to develon and nrenulcate rules as defined in tbc AP" (5 U.S.C. C;1(3)) subject to the liritations in NPC "anual Chanter ol*l, Arcanization and Functions, C#fice of tSe Executive Director for rrerations, caracranhs 0211, 939, ^10, and 0310 The enclosed rule will anend Part lla reculations nertainine to tbe exonrt of nuclear r.aterials and eouinnent Sy inecsino noti #icaticn reouirerents with respect to certain excorts of Canadian-orinin nuclear naterials er couianent Sv exrandinn the ceneral license for the exrort of arericiun-2fl contained in industrial rrocess control equipment; and bv undatino the list of countries in 8110.29, Restricted destinations, to renovo recent adherents to the Nuclear Non-Proliferation Treaty ("PT).
The Connission will note that no backfit analvsis has been done fer the arendrents te Part lin, althouah the St?ff Peauirenents "encrandun on SECV-05-163/lF1f of Decerher 31, l'95, statei that rules wculd he subject to the backfit rule. The backfit orovisions in 10 CFR sc0.ln9 acoly to domestic facilities, while the provisions o' Part 110 arnly only to exnort and innort of nuclear facilities, raterial and ccrnonents.
Accordinnly, af ter discussion with, and acreenent o' OGC, we have concluded that the backfit rule was not intended to aonly to the reculations in Part llo, or activities subject to that nart.
The final rule does not constitute a sinnificant question of nolicy, nor does it arend renulations contained in lo CFR Parts 7, P., or o Subpart C cencerning matters of colicy. I therefore find that this rule is within the scone of my rulemakinq authority oursuant to 10 CFR 1.41(d)(2) and an nroceeding to issue it.
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Date Victor Stello, Jr?
Actino Executive Director for Onerations 8607180202 860714 PDR PR MISC PDR
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ENCLOSURE 1 4
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NUCLEAR REGULATORY COMMISSION 10 CFR Part 110 Licensing Requirements for the Export of Nuclear Eauipment and Material AGENCY: Nuclear Regulatory Comission.
ACTION: Final rule.
SUMMARY
- The Nuclear Regulatory Comission (NRC) is amendino its regulations pertaining to the exoort of nuclear equipment and material: (l) to require certain holders of export licenses to notify the Comission in writing at least 40 days prior to exoorting Canadian-oriain nuclear material or equinment; (2) to expand the general license for byproduct material to cover the export of i americium-241 contained in industrial process control equipment; and (3) to update the list of countries in the provisions setting out restricted destinations (5110.29) by deletina from the list certain countries that recently
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- have adhered to the Nuclear Non-Proliferation Treaty (NPT). This action is necessary to implement portions of the U.S./ Canada Aareement for Cooperation, to correct an oversight in the current regulations, and to continue the policy of fa'cilitating nuclear cooperation with countries sharing the non-proliferation goals of the United States.
EFFECTIVE DATE:
FOR FURTHER INFORMATION CONTACT: Elaine 0. Hemby, Office of International Programs, U.S. Nuclear Regulatory Comission, Washington, DC 20555,(301) 1 492-7984 or Joanna Becker, Office of the Executive Legal Director, U.S. Nuclear Regulatory Comission, Washington, DC 20555,(301)492-7630.
SUPPLEMENTARY INFORMATION: The Executive Branch has requested the NRC to amend its regulations in ll10.50(b)(3) concerning the notification of the export of foreign-origin nuclear material or equipment so that it will include
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t Caaadian-origin nuclear material and equipment in addition to Australian-origin nuclear material and equipment. This action will carry out Article XII, paragrapn D of the U.S./ Canada Agreement for Cooperation which requires the consent of Canadian authorities before the Canadian-origin nuclear material and equipment may be exported from the United States. In most cases, Canadian authorities have given their orior consent for retransfer at the time the material is imported into the United States. In other cases, where the country of origin is not known at the time NRC issues the license, the license holder or applicant must notify NRC in writing at least 40 days orior to actual export of the material or equipment in order to obtain United States Government Luthorization should the nuclear material or equipment be determined to be Canadian origin. The NRC will consult with the Executive Branch to obtain Canadian consent for the shipment. During this ceriod, the licensee may not ship the nuclear material or equioment until authorized by NRC. Consultations normally will be completed well within 40 days.
The NRC is also amending its regulations concerning the restrictions on exoorts of byproduct material under the general license set out in fl10.23(b). This amendment will allow the export of americium-241 contained in industrial nrocess control equipment. This amendment corrects an oversight in the current general license regulations covering americium-241 which now prohibit the export of americium-241 exceeding one curie oer shipment or 100 curies oer year to countries listed in 5110.29 unless it is contained in oetroleum exploration equipment. Because it was never the intention of the Commission to crohibit exports of americium-241 for legitimate commercial use, the regulation will be amended to correct this oversight.
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The NRC is also amending its regulations in 5110.29, the list of restricted destinations for exporting nuclear materials and equipment under general licenses, in order to delete the following countries: Belize, Bhutan, Equatorial Guinea, Kiribati, St. Vincent and the Grenadines, and Seychelles.
These countries are recent adherents to the NPT. This amendment removes soecial restrictions on the export of nuclear material and equipment to certain countries which have adhered to the NPT, thereby continuing the United States Government policy of facilitating nuclear cooperation with countries sharing U.S non-oroliferation goals. Because these amendments involve a foreign affairs function of the United States, the Administrative Procedure Act orovisions governing rulemaking do not apply to this action (5 U.S.C. 553 (a)(1)).
Therefore, a notice of pronosed rulemak'ng is not required for this action and the final rule may be made effective upon oublication in the Federal Register.
ENVIRONMENTAL IMPACT: CATEGORICAL EXCLUSION:
The NRC has determined that the amendments to Part 119 in this regulation are the type of action described in 10 CFR Sl.22(c)(1). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this regulation.
PAPERWORK REDUCTION ACT STATEMENT This final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget approval number 3150-0036.
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REGULATORY ANALYSIS The Commission has prepared a regulatory analysis of this final regulation.
The analysis examines the costs and benefits of the alternatives considered by the Commission. The analysis is available for inspection in the NRC Public Document Room, 1717 H Street, NW, Washington, DC. Single copies of the analysis may be obtained from Elaine Hemby, Office of International Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-7984.
BACKFIT The NRC has determined that the backfit provisions in 10 CFR 850.109 do not apply to amendments to 10 CFR Part 110 rule changes, since the regulations in Part 110 apply only to the export and import of nuclear facilities, material, and components and have no impact on domestic facilities. Therefore, a backfit analysis has not been prepared for these amendments.
LIST OF SUBJECTS IN 10 CFR PART 110 Administrative practice and procedure, Classified information, Export, Import, Incorporation by reference, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Penalty, Reoorting and recordkeeping requirements, Scientific equipment.
Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 552 and 553 the following amendments to 10 CFR Part 110 are published as a document subject to codification.
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PART 110 - EXP0RT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL
- 1. The authority citation for Part 110 continues to read as follows:
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AUTHORITY: Secs. 51, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104, 109, 111, 126, 127, 128, 129, 161, 181, 182, 183, 187, 189, 68 Stat. 929, 930, 931, 932, 933, 936, 937, 948, 953, 954, 955, 956, as amended (42 U.S.C. 2071, 2073, 2074, 2077, 2092-2095, 2111, 2112, 2133, 2134, 2139, 2139a,2141,2154-2158,2201,2231-2233,2237,2239);
sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).
Section 110.1(b)(2) also issued under Pub. L.96-533, 94 Stat. 3138 (42 U.S.C. 2403). Section 110.11 also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152) and secs. 54c. and 57d., 88 Stat. 473, 475 (42 U.S.C. 2074).
Section 110.50(b)(3) also issued under sec. 123, 92 Stat.
142 (42 U.S.C. 2153). Section 110.51 also issued under sec. 184, 68 Stat. 354, as amended (42 U.S.C. 2234). Section 110.52 also issued under sec.186, 68 Stat. 955 (42 U.S.C. 2236). Sections 110.80-110.113 also issued under 5 U.S.C. 552, 554. Sections 110.130-110.135 also issued under 5 U.S.C. 553.
For the purpose of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); 99110.20-110.29, 110.50, and 110.120-110.129 also issued under secs.161b. ar d 1., 68 Stat.
948, 949, as amended (42 U.S.C. 2201(b) and (i)); and
$110.53 also issued under sec. 1610., 68 Stat. 950, as i amended (42 U.S.C. 2201(o)).
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- 2. In 5110.23, paragraph (b) is ravised to read as follows:
5110.23 Export of byproduct material.
W" (b) A general license is issued to any oerson to export americium-241 to any country not listed in $110.28, except that exports of americium-241 exceeding one curie ner shipment or 100 curies per year to any country listed in 9110.29 -
(1) Must be contained in industrial process control equipment or petroleum exploration equipment in quantities not exceedinq l
20 curies per device; and (2) May not exceed 200 curies per year to any one country.
- 3. Section 110.29 is revised to read as follows:
5110.29 Restricted destinations.
Afghanistan Guyana Pakistan Albania India Qatar Algeria Iran Saudi Arabia Andorra Iraq South Africa Angola Israel St. Kitts Argentina Kuwait Syria Bahrain Libya Tanzania Brazil Malawi United Arab Emirates Burra Mauritania Vanuatu Chile Mozambique Yeman Arab Rep.:blic Comoros Niger Zambia Djibouti Oman Zimbabwe l
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- 4. In 9110.50, paragraph (b)(3) is revised to read as follows:
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!j 5110.50 Term _s_.
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(3) Unless a license specifically authorizes the export of foreign-origin nuclear material or equipment, a licensee shall notify in writing the Assistant Director for Export / Import and International j Safeguards at least 40 days prior to export of Australian-origin or Canadian-origin nuclear material or equipment. A licensee may not ship this materia' or equipment until authorized by the Assistant Director for Export / Import and International Safeguards. The Assistant Director will not authorize shipment until after obtaining the consent of the Australian Government for Australian-origin material or the Canadian Government for Canadian-origin material.
Dated at Bethesda, Maryland, this day of ,1986.
For the Nuclear Regulatory Commission.
Victor Stello, Jr.
Acting Executive Director for Operations
'+m s ENCLOSURE 2 9
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.i DAILY STAFF NOTES OFFICE OF INTERNATIONAL PROGRAMS i
Final Rule to be Signed by the ED0 Cn , 1986, the Acting Executive Director for Ooerations apnroved a final rule which amends 10 CFR Part 110. This rule amends the ceneral license for the exoort of small quantities of americium-241, removes cer2ain countries which have recently adhered to the Nuclear Non-Proliferation Treaty from the list of restricted destinations in 10 CFR 9110.29, and imposes a notification requirement-on certain exporters of Canadian-origin nuclear material or equipment.
The Commission will note that a backfit analysis has not been provided for this rule change although the Staff Requirements Memorandum in SECY-85-163/163A of December 31, 1985 stated that rules would be subject to the backfit rule. The backfit provisions in 10 CFR 959.109 annly to domestic facilities, while the provisions in 10 CFR Part 119 annly only to the exoort and import of nuclear facilities, material, and components. After discussion with, and agreement of 09C, we have concluded that the backfit rule was not intended to acoly to the regulations in Part 110, or activities subject to that Part.
This constitutes notice to the Commission that, in accordance with the rulemaking authority delegated to the EDO, the EDO has signed this rule and proposes to forward it on to the Office of
! the Federal Register for publication, unless otherwise directed by the
. Commission.
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The, Honorable " orris K. -Udall, Cheiraan Subconnittee on Energv and the Environnent Comnittee on Interior ad Ins'ilar "ffairs United States House of Representatives
'!ashington, D.C. 20:15 Ocar '*r. Chairman-The TC is transmitting to the Of fice of the Federal Reoister for nublication a final rule amendinc the Comission's regulations in 10 CFR Part 110 nertaininq to the licensinc of nuclear exports. This rule further simplifies the Part 11" licensing requirements for the exoort of certain reinnr cuantities of nuclear material which do not have significance from a nuclear proliferation nersoective.
The amendments 1) expand the peneral license for byproduct material to allow the export of ancricium-211 contained in industrial orocess control eouipment, 2) undate the list of countries in the orovisions setting out restricted destinations, and 3) require certain holders of exoort licenses to notify the Commission in writing at least 40 days prior to reexnorting C;nadian-origin nuclear material or equipment. The rule is necessary to correct an oversight in the current regulations, to continue the colicy of facilitatino nuclear cooperation with countries sharing non-proliferation goals of the United States, and to implement nortions of the United States / Canada Agreement for Cooneration.
The Executive Branch concurs in the amendments.
The amendments are not inimical to the common defense and security of the United States and do not constitute an unreasonable risk to the public health and safety. Tha amendments also are consistent with the provisions of the Atomic Energy Act of 1954, as anended by the Nuclear Non-Proliferation Act of 1973. Further, the amendments are not inconsistent with the oblications of the United States under any treaty or international arrangement, including the Treaty on the Non-Proliferation of Nuclear tleapons.
Sincerely, James R. Shea, Director Office of International Programs cc: Rep. Pfanuel Lujan
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The Honorable Edward J. Markey, Chairman Subcomittee on Energy Conservation and Power Comittee on Energy and Commerce United States House of Representatives Washington, D.C. 20515
Dear Mr. Chairman:
The NRC is transmitting to the Office of the Federal Reqister for publication a final rule amending the Comission's regulations in 10 CFR Part 110 pertaining to the licensing of nuclear exports. This rule further simplifies the Part 110 licensing requirements for the export of certain minor quantities of nuclear material which do not have significance from a nuclear proliferation perspective.
The amendments 1) expand the general license for byproduct material
' to allow the export of americium-241 contained in industrial process control equipment, 2) update the list of countries in the provisions setting out restricted destinations, and 3) require certain holders of export licenses to notify the Commission in writing at least 40 days prior to reexporting Canadian-origin nuclear material or equipment. The rule is necessary to correct an oversight in the current regulations, to continue the policy of facilitating
- nuclear cooperation with countries sharing non-proliferation goals of the United States, and to implement portions of the United States / Canada Agreement l for Cooperation.
The Executive Branch concurs in the amendments.
The amendments are not inimical to the comon defense and security of the United States and do not constitute an unreasonable risk to the public health and safety. The amendments also are consistent with the provisions of the Atomic Energy Act of 1954, as amended by the Nuclear Non-Proliferation Act of 1978. Further, the amendments are not inconsistent with the obligations of the United States under any treaty or international arrangement, including the
- Treaty on the Non-Proliferation of Nuclear Weapons.
Sincerely, i
James R. Shea Director Office of International Programs cc: Rep. Carlos Moorhead c=> .................. ..................... ..................... ..................... ............. ~ .. - ..................... ......
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TC35;~ R D52 C ED.X M.C+2 Pi% %,TGG5E M A The Honorable Thad Cochran, Chairman Subcornittee on Energy, Nuclear Proliferation and Government Processes Conmittee on Governmental Affairs United States Senate Washington, D.C. 20510
Dear Mr. Chairman:
The NRC is transmitting to the Office of the Federal Register for oublication a final rule amending the Commission's regulations in 10 CFR Part 110 pertaininn to the licensing of nuclear e"oorts. This rule further simplifies the Part 110 licensing requirements for the export of certain minor ouantities of nuclear material which do not have significance from a nuclear proliferation perspective.
The amendments 1) expand the general license for byproduct material to allow the export of americium-241 contained in industrial orocess control equipment, 2) update the list of countries in the provisions setting out restricted destinations, and 3) require certain holders of export licenses to notify the Conmission in writing at least 40 days prior to reexoortino Canadian-origin nuclear material or equipment. The rule is necessary to correct an oversight in the current regulations, to continue the policy of facilitating nuclear cooperation with countries sharing non-proliferation coals of the United States, and to implement portions of the United States / Canada Agreement for Coooeration.
The Executive Branch concurs in the amendments.
The amendments are not inimical to the corinon defense and security of the United States and do not constitute an unreasonable risk to the public health and safety. The amendments also are consistent with the provisions of the Atomic Energy Act of 1954, as amended by the Nuclear Non-Proliferation Act of 1978. Further, the amendments are not inconsistent with the obitgations of the United States under any treaty or international arrangement, including the Treaty on the Non-Proliferation of Nuclear Weapons.
Sincerely.
James R. Shea, Director Office of International Programs cc: Sen. John Glenn
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4gi .5% g M2&&f MMnqZu5E The Honorable Morris K. Udall, Chairman Subcomittee on Energy and the Environment Comittee on Interior and Insular Affairs United States House of Representatives Washington, D.C. 20515
Dear Mr. Chairman:
The NRC is transmitting to the Office of the Federal Register for publication a final rule amending the Comission's regulations in 10 CFR Part 110 pertaining to the licensing of nuclear exports. This rule further simplifies the Part 110 licensing requirements for the export of certain minor quantities of nuclear ,
material which do not have significance from a nuclear proliferation oerspective.
The amendments 1) expand the general license for byoroduct material to allow the export of americium-241 contained in industrial process control equipment, 2) update the list of countries in the provisions setting out restricted destinations, and 3) require certain holders of export licenses to notify the Commission in writing at least 40 days prior to reexporting Canadian-origin nuclear material or equipment. The rule is necessary to correct an oversight in the current regulations, to continue the policy of facilitating nuclear cooperation with countries sharing non-proliferation goals of the United States, and to implement portions of the United States / Canada Agreement for Cooperation.
The Executive Branch concurs in the amendments.
The amendments are not inimical to the comon defense and security of the United States and do not constitute an unreasonable risk to the public health
. and safety. The amendments also are consistent with the provisions of the Atomic Energy Act of 1954, as amended by the Nuclear Non-Proliferation Act of 1978. Further, the amendments are not inconsistent with the obligations of the United States under any treaty or international arrangement, including the Treaty on the Non-Proliferation of Nuclear Weapons.
! Sincerely, 1
James R. Shea, Director Office of International Programs ,
cc: Rep. Manuel Lujan 1
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l The Honorable Richard G. Lugar, Chairman Comittee on Foreign Relations United States Senate Washington, D.C. 20510
Dear Mr. Chairman:
The NRC is transmitting to the Office of the Federal Register for publication a final rule amending the Comission's -regulations in 10 CFR Part 110 pertaining to the ifcensing of nuclear exports. This rule further simplifies the Part 110 licensing requirements for the export of certain minor quantities of nuclear material which do not have significance from a nuclear proliferation perspective.
The amendments 1) exoand the general license for byproduct material to allow the export of americium-241 contained in industrial process control equipment, 2) update the list of countries in the provisions setting out restricted destinations, and 3) require certain holders of export licenses to notify the Comission in writing at least 40 days prior to reexporting Canadian-origin nuclear material or equipment. The rule is necessary to correct an oversight in the current regulations, to continue the policy of facilitating nuclear cooperation with countries sharing non-proliferation goals of the United States, and to implement portions of the United States / Canada Agreement for Cooperation.
The Executive Branch concurs in the amendments.
The amendments are not inimical to the comon defense and security of the United States and do not constitute an unreasonable risk to the public health and safety. The amendments also are consistent with the provisions of the Atomic Energy Act of 1954, as amended by the Nuclear Non-Proliferation Act of 1978. Further, the amendments are not inconsistent with the obligations of the United States under any treaty or international arrangement, including the Treaty on the Non-Proliferation of Nuclear Weapons.
Sincerely, James R. Shea, Director Office of International Programs cc: Sen. Claiborne Pell
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C 5i M 2 3 W Q3MW &Q5 2Xiff D:m i:M AW M The Honorable Dante 8. Fascell, Chairman Committee on Foreign Affairs United States House of Representatives Washington, D.C. 20515
Dear Mr. Chairman:
The NRC is transmitting to the Office of the Federal Register for oublication a final rule amending the Comission's regulations in 10 CFR Part 110 pertaining to the licensing of nuclear exports. This rule further simolifies the Part 110 licensing requirements for the export of certain minor quantities of nuclear material which do not have significance from a nuclear proliferation perspective.
The amendments 1) expand the general license for byproduct material to allow the export of americium-241 contained in industrial process control equipment 2) update the list of countries in the provisions setting out restricted destinations, and 3) require certain holders of export licenses to notify the Comission in writing at least 40 days prior to reexporting Canadian-origin nuclear material or equipment. The rule is necessary to correct an oversight in the current regulations, to continue the policy of facilitating nuclear cooperation with countries sharing non-proliferation goals of the United States, and to implement portions of the United States / Canada Agreement for Cooperation.
The Executive Branch concurs in the amendments.
The amendments are not inimical to the comon defense and security of the United States and do not constitute an unreasonable risk to the puialic health and safety. The amendments also are consistent with the provisions of the Atomic Energy Act of 1954, as amended by the Nuclear Non-Proliferation Act of 1978. Further, the amendments are not inconsistent with the obligations of the United States under any treaty or international arrangement, including the Treaty on the Non-Proliferation of Nuclear Weapons.
Sincerely, l
i James R. Shea, Director Office of International Programs cc: Rep. William S. Broomfield l
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1 REGULATORY ANALYSIS A'1E!1D'iENTS T010 CFR PART 110
- 1. STATEMENT OF PROBLE'4 The nurpose of this rule is- to continue NRC's efforts to sinnlify and clarify .the Part 110 licensing requirenents for the export of certain ninor j quantities of nuclear naterial, without connronising the Connission's j rigorous nuclear oroliferation controls as required by the Atomic Energy Act 3 of 1954, as anended.
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- 2. OBJECTIVES
{ NRC focused on the following objectives in develonino the anendments:
i 2.1 To imnlenent arrangements to carry out the U.S./ Canada Acreenent for Cooperation with regard to a required notification to NRC by certain
, licensees before exportino Canadian-oriqin nuclear naterial or ecuinnent; 2.2 To correct an oversight in the current regulations to renove
, restrictions on the exnort of americium-?Al under aeneral license; and 2.3 To renove certain countries fron the current list of restricted destinations 1n 9110.29 which recently~have adhered to the Muclear l Non-Proliferation Treaty (NPT). This action continues the U.S.
1 Government's policy of facilitating nuclear cooneration with countries sharing U.S. non-proliferation goals.
l 3. ALTERNATIVES There are no reasonable alternatives for achieving the stated objectives.
The amendments have been carefully structured by the NRC and appropriate Executive Branch agencies to ensure that-there will be no relaxation in controls with resoect to nuclear material and equipment with ootential nuclear proliferation concerns.
- 4. CONSEQUENCES None of these anendnents will have an adverse effect on the Commission's resoonsibility for orotectino the public health and safety and the common defense and security. The imoact of the first rulemaking action on NRC exoort licenses is ex9ected to be mininal. MRC believes that less than 10 3 holders of export licenses ner year will be affected. The other two anendments would exnand the exDorter's authority to exnort certain minor quantities of nuclear material under general license, thereby reducinq the number of actions required by excorters and the administrative burden on 3
the NRC.
- 5. CECISION RATIONALE In the Connission's judoment, the amendments maintain the nroner balance between the elimination of regulatory burdens on the nublic and the continuation of the Commission's rigorous controls on nuclear naterial and equipment with significant notential proliferation concerns.
- 6. IMPLEMENTATION There are no constraints ir '.iolementing the amendments innediately.
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