ML20205E883

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Forwards Final Rule Amending 10CFR110 Imposing More Restrictive Limits on Export of Dispersed Tritium,Contained in Luminescent Light Sources & Other Items Containing Tritium Under General License
ML20205E883
Person / Time
Issue date: 08/13/1986
From: James Shea
NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP)
To: Cochran T, Fascell D, Lugar R, Markey E, Simpson A, Udall M
HOUSE OF REP., ENERGY & COMMERCE, HOUSE OF REP., FOREIGN AFFAIRS, HOUSE OF REP., INTERIOR & INSULAR AFFAIRS, SENATE, ENVIRONMENT & PUBLIC WORKS, SENATE, FOREIGN RELATIONS, SENATE, GOVERNMENTAL AFFAIRS
Shared Package
ML19301D852 List:
References
RULE-PR-110, RULE-PR-110-MISC AC25-2-06, AC25-2-6, NUDOCS 8608190015
Download: ML20205E883 (9)


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UNITED STATES

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g NUCLEAR REGULATORY COMMISSION 7.

j WASHINGTON, D. C. 2055E

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l The Honorable Dante B. Fascell, Chaiman Committee on Foreign Affairs United States House of Representatives Washington, D.C. 20515

Dear Mr. Chaiman:

I am pleased to forward, for the infomation of the Committee on Foreign Affairs, copies of a final rule amending the Consnission's regulations in 10 CFR Part 110 pertaining to the export of tritium under a general license.

This final rule is being transmitted to the Office of the Federal Register for publication.

The revised regulations impose more restrictive limits on the amount of dispersed tritium which can be contained in luminescent light sources and other items containing tritium exoorted under the general license. The revision precludes the export of large tritium light sources under the general license unless the light source is installed in+an aircraft as a safety device. This action addresses the concern that the current general license regulations covering tritium luminescent light sources may represent a potential proliferation risk. The revised regulations also add tritium to the list of definitions. This action further clarifies the meaning of tritium to exporters and also confoms NRC's export regulations with international export control guidelines.

The Executive Branch concurs in the amendments.

The amendments are not inimical to the cocinon 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 orovisions 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,

=M h ames R. Shea, Director Office of International Programs

Enclosure:

Notice of Rulemaking cc: Rep. llilliam S. Broomfield 81 015 860813 110 tilSC PDR

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l 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:

I am pleased to forward, for the information of the Subcomittee on Energy and the Environment of the Comittee on Interior and Insular Affairs, conies of a final rule amending the Commission's regulations in 10 CFR Part 110 pertaining to the export of tritium under a general license.

This final rule is being transmitted to the Office of the Federal Register for publication.

ihe revised regulations impose more restrictive limits on the amount of dispersed tritium which can be contained in luminescent light sources and other items containing tritium exoorted under the general license.

The revision precludes the export of large tritium, light sources under the general license unless the light source is installed in an aircraft as a safety device.

This action addresses the concern that the current general license regulations covering tritium luminescent light sources may represent a potential proliferation risk.

The revised regulations also add tritium to the list of definitions. This action further clarifies the meaning of tritium to exoorters and also conforms NRC's export regulations with international export control guidelines.

The Executive Branch concurs in the amendments.

The amendments are not inimical to the comon defense and security of the l

l 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 ame6dments 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

ames R. Shea, Director

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Office of International Programs

Enclosure:

Notice of Rulemaking cc: Rep. Manuel Lujan I

k UNITE 3 STATES

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The Honorable Richard G. Lugar, Chairman Comittee on Foreign Relations United States Senate Washington, D.C. 20510

Dear Mr. Chairman:

l I am pleased to forward, for the information of the Committee on Foreign f

Relations, copies of a final rule amending the Corriission's regulations in 10 CFR Part 110 pertaining to the export of tritium under a neneral license. This final rule is being transnitted to the Office of the Federal Register for publication.

T'he revised regulations impose more restrictive limits on the amount of dispersed tritium which can be contained in luminescent light sources and other items containing tritium exported under the general license. The revision precludes the export of large tritium light sources under the aeneral license unless the light source is installed in an aircraft as a safety device.

This action addresses the concern that the current general license regulations covering tritium luminescent light sources may represent a ootential proliferation risk. The revised regulations also add tritium to the list of definitions. This action further clarifies the meaning of tritium to exporters and also conforms NRC's export regulations with international export control guidelines.

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, $ncluding the Treaty on the Non-Proliferation of Nuclear Weapons.

Sincerely,

a. A James R. Shea, Director Office of International Programs

Enclosure:

Notice of Rulemaking cc: Sen. Claiborne Pell

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UNITED STATES

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i The Honorable Alan Simpson, Chairman Subcommittee on fluclear Regulation Committee on Environment and Public Works United States Senate Washington, D.C. 20510 3

Dear fir. Chairman:

I am pleased to forward, for the information of the Subcomittee on fluclear Regulation of the Committee on Environnent and Public Works, copies of a final rule amending the Commission's regulations in 10 CFR Part 110 pertainino to the export of tritium under a general license. This final rule is being transmitted to the Office of the Federal Register for publication.

The revised regulations innose more restrictive limits on the amount of dispersed tritium which can be contained in luminescent light sources and other items containing tritium exported under the general license.

The revision precludes the export of large tritium light sources under the general ' license unless the light source is installed in an aircraft as a safety device. This action addresses the concern that the current general license regulations covering tritium luminescent light sources may represent a notential i

proliferation risk. The revised renulations also add tritium to the list of-definitions. This action further clarifies the meaning of tritium to exporters and also conforms flRC's export regulations with international exnort control guidelines.

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 oublic health and safety. The amendments also are consistent with the provisions of the Atomic Energy Act of 1954, as anended by the fluclear flon-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 1

Treaty on the Non-Proliferation of fluclear Weanons.

l Sincerely, James R. Shea, Director Office of International Programs

Enclosure:

Notice of Rulemaking cc: Sen. Gary Hart

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UNITE'3 STATES

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The Honorable Edward J. fiarkey, Chairman Subcommittee on Energy Conservation and Power Connittee on Energy and Commerce United States House of Reoresentatives Washington, D.C. 20515

Dear Mr. Chairaan:

I am pleased to fonvard, for the information of the Subcomittee on Energy Conservation and Power of the Connittee on Energy and Comerce, copies of a final rule amending the Commission's regulations in 10 CFR Part 110 pertaining to the exoort of tritium under a general license. This final rule is being transmitted to the Office of the Federal Register for publication.

The revised regulations impose more restrictive limits on the anount of dispersed tritium which can be contained in luminescent light sources and other items containing tritium exported under the ueneral license. The revision precludes the exoort of large tritium light sources under the general license unless the light source is installed in an aircraft as a safety device. This action addresses the concern that the current general license regulations covering tritium luminescent light sources may represent a potential proliferation risk. The revised regulations also add tritium to the list of definitions. This action further clarifies the meaning of tritium to exporters and also confonns NRC's export regulations with international export control guidelines.

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 dnd safety. The amendments also are consistent with the provisions of the Atomic Er.ergy Act of 1954, as anended 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, 4

James R. Shea, Director Office of International Programs

Enclosure:

Notice of Rulemaking cc: Rep. Carlos Moorhead

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i The Honorable Thad Cochran, Chairman Subcommittee on Energy, Nuclear Proliferation and Government Processes Comittee on Governmer$al Affairs United States Senate Washington, D.C. 20519

Dear Mr. Chairman:

I am pleased to forward, for the information of the Subcommittee on Enercy, j

Nuclear Proliferation and Government Processes of the Connittee on Governmental Affairs, copies of a final rule amending the Commission's reculations in 10 CFR Part 110 certaining to the export of tritium under a ceneral license. This f,inal rule is being transmitted to the Office of the Federal Reaf ster for publication.

The revised renulations inpose more restrictive limits on the amount of dispersed tritium which can be contained in luminescent licht sources and other items containing tritiun exnorted under the general license.

The revision precludes the export of larne tritium light sources under the neneral license i

unless the light source is installed in an aircraft as a safety device. This action addresses the concern that the current neneral license renulations covering tritium luminescent light sources may reoresent a potential proliferation risk. The revised reculations also add tritium to the list of definitions. This action further clarifies the meaning of tritiun to exnorters and also conforms NRC's export regulations with international export control guidelines.

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The Executive Branch concurs in the amendments.

l The amendments are not inimical to the common defense and security of the i

United States and do not constitute an unreasonable risk to the oublic 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 i.aaty on the Non-Proliferation of Nuclear Weapons.

Sincerely, i

James R. Shea, Director Office of International Programs

Enclosure:

Notice of Rulemaking cc: Sen. John Glenn

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ENCLOSURE 4

REGULATORY ANALYSIS AMENDMENTS T0 10 CFR PART 110 1.

STATEMENT OF PROBLEM The Executive Branch is concerned that the current general license provision covering the export of tritium contained in luminescent light sources may represent a potential proliferation risk. At the time the current general license was proposed, it was considered unnecessary to impose upper limits on the amounts of tritium contained in each light source because of the small amounts used. However, since the time the general license was issued, the maximum size of light sources has increased significantly.

In these larger quantities, it becomes technically easier to extract bulk tritium from the light sources and possibly divert it to proliferation sensitive end uses.

2.

OBJECTIVES NRC's objective in developing the amendments is to address any proliferation concern while at the same time continuing NRC's efforts to simplify and clarify licensing requirements for exports of minor quantities of nuclear material, including tritium. This rule imposes limits on exports of tritium light sources and other items containing dispersed tritium. The revisions will preclude the export of large light sources under the general license unless the light sources are installed in i

aircraf t as safety devices or contain less than 10 curies of tritium per light source.

3.

ALTERNATIVES There are no reasonable alternatives for achieving the stated objectives.

The NRC carefully structured the amendments in order to ensure that NRC's export controls with respect to nuclear material with potential nuclear

2 proliferation concerns are maintained while at the same time minimizing the regulatory impact on tritium exporters.

4.

CONSEQUENCES The amendments will not have an adverse effect on the Commission's responsibility for protecting the public health and safety and the common defense and security. NRC has contacted the principal exporters affected by the revision, and it is estimated that less than 10 additional export license actions per year will be necessitated by the new amendments. For legitimate end-users, the NRC is prepared to consider broad multi-year specific export licenses for large light sources and other items containing large amounts of dispersed tritium which will minimize any additional administrative burdens.

5.

DECISION RATIONALE The amendments maintain the proper balance between eliminating the regulatory burdens on the public and continuing the Commission's rigorous controls on nuclear material with potential proliferation concerns.

6.

IMPLEMErlTATION There are no constraints in implementing the amendments immediately.

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