ML20206E794
| ML20206E794 | |
| Person / Time | |
|---|---|
| Issue date: | 12/20/1985 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | James Shea NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| References | |
| NUDOCS 8606240009 | |
| Download: ML20206E794 (6) | |
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'l DEC 2 01125 MEMORANDUM FOR:
James Shea, Director Office of International Programs FROM:
William J. Dircks Executive Director for Operations
SUBJECT:
CONTROL OF NRC RULEMAKING By memorandum of February 13,1984, " Control of NRC Rulemaking by Offices Reporting to the EDO," Offices were directed that effective April 1, 1984, (1) all offices under EDO purview must obtain my approval to begin and/or M
continue a specific rulemaking, (2) resources were not to be expended on rule-makings that have not been approved, and (3) RES would independently review rulemaking proposals fomarded for my approval and make recommendations to me concerning whether or not and how to proceed with the rulemakings.
Relative to my direction, the following proposal concerning rulemaking has j
.been forwarded for my approval.
Proposal to initiate rulemaking (amendments of 10 CFR Part 110, Subpart C -
General Licensees 110.23, Export of Byproduct Material) to limit the export of tritium in certain quantities and form. The amendments are proposed by the Executive Branch based on a concern for potential proliferation sensitive end-uses.
(Sponsored by IP - memorandum, Shea to ED0 dated November 22,1985.)
Initiation of this rulemaking is approved.
I expect you will coordinate the rulemaking with NMSS to determine 1.
the technical basis for regulating tritium (i.e., form and min-max quantities);
2.
the scope of the rulemaking (i.e., international - import / export and national - including agreement States);
3.
whet er or not the NRC should reconsider its actions in recent years that resulted in deleting regulatory requirements for reporting transitions invc1ving tritium.
The NRC Regulatory Agenda (NUREG_0936) should be modified to reflect the status of this rulemaking.
(siged) J002 tl. Roe 8606240009 851220 h' William J. Dircks EDO RM PDR Executive Director for Operations cc:
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7 MEMORANDUM FOR: William J. Dircks e
Executive Director for Operations FROM:
James R. Shea, Director Office of International Programs
SUBJECT:
ED0 APPROVAL OF PROPOSED AMENDMENTS TO PART 110 This memorandum seeks EDO approval, in accordance with your memorandum of 2
May 30,1984, for the staff to proceed with two minor proposed amendments to Part 110. The amendments are proposed by the Executive Branch and request the amendment of NRC's export regulations in 10 CFR Part 110, Subpart C - General Licenses 110.23, Export of Byproduct Material.
The first proposed amendment would revise the general license for the export of tritium in luminescent light sources in 3110.23(a)(2). This amendment is proposed as a result of a recently completed review of tritium export controls which indicated that this general license may represent a potential proliferation concern. Currently, ll10.23(a)(2) permits individual shipments of tritium of up to 10,000 curies to any country not listed in 1110.28 with no other limitation. Since the time this tritium general license was first proposed, however, the maximum size of light sources has increased significantly. For example, tritium light; panels when used for remote airfields contain five light sources cf 60 curies each, for a total of 300 curies of tritium per panel.
In these la~.ger quantities, it becomes technically easier to extract bulk tritium from the light sources and possibly divert it to proliferation sensitive end-uses. To address this concern, the proposed revision would limit the export of tritium light sources under general license to 10 curies per source,1,000 curies per shipment, and 10,000 curies per person per year to any one country not listed in 1110.28.
-A related proposed amendment would add a new subsection to the general license to allow the export of tritium in any luminescent safety devices installed in aircraft. This amendment is required because many aircraft tritium light sources exceed 10 curies, and, therefore, would no longer be covered under theproposedrevisiontosubsection110.23(a)(2). A new subsection 110.23(a)(3) would permit all tritium light sources when installed in aircraft to continue to be exported under general license.
There are no acceptable alternatives to the rulemaking action. The proposed amendments have been coordinated with those U.S. companies which will be subject to the proposed changes, and these companies have advised that the proposed changes will have minimal impact.
In view of the foreign affairs functions involved, the amendments would be published as final rules.
The staff proposes to process the amendments on a priority basis since the State Department has requested that they be finalized as quickly as possible. A copy of two draft regulatory agenda entries is enclosed.
l William J. Dircks 2
NOV 2 2195 Recomendation:
In accordance with your memorandum of May 30,1984, your approval is requested to proceed with staff processing of the proposed amendments.
..n &
James R. Shea, Director Office of International Programs
Enclosure:
Draft Regulatory Agenda Entries J
TITLE:
Export and Import of Nuclear Equipment and Material CFR CITATION:
10 CFR 110 ABSTRACT:
This final version of revision to 10 CFR Part 110 (Export and Import of Nuclear Equipment and Material)is to amend Subpart C - General Licenses 110.23 Export of byproduct material by revising 5110.23(a)(2) and by adding a new B110.23Ka)(3) as follows:
"110.23(a)(2) Tritium in luminescent light sources not to exceed 10 curies per source, 1,000 curies per shipment and 10,000 curies per person per year to any one country."
"110.23(a)(3) Tritium contained in luminescent safety devices installed in aircraft."
The addition of new subparagrap(a)110.23(a)(3) will require that the h
other subparagraphs in 110.23 be renumbered as follows:
110.23 a will become 110.23 a 4) 110.23 a will become 110.23 a 5) 110.23 a will become 110.23 a 6 110.23 a will become 110.23 a 7 TIMETABLE: December 23, 1985 LEGAL AUTHORITY:
42 USC 2112; 42 USC 5841; 42 USC 5842 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES: None AGENCY CONTACT:
Elaine 0. Hemby Office of International Programs U.S. Nuclear Regulatory Commission Washington, D.C.
20555 (301)-492-7984
F Document Name:
GABRIEL 1593 Requestor's ID:
GABRIEL Author's Name:
Schwink Document Comments: