ML20212K257
| ML20212K257 | |
| Person / Time | |
|---|---|
| Issue date: | 09/03/1999 |
| From: | Paperiello C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| Shared Package | |
| ML20212K209 | List: |
| References | |
| NUDOCS 9910060191 | |
| Download: ML20212K257 (2) | |
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4* UNITED STATES j NUCLEAR REGULATORY COMMISSION If WASHINGTON, D.C. 20665 0001
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- p September 3, 1999 l
l MEMORANDUM TO: Nuclear Regulatory Commission Regions . /J, i .
J'V 1 FROM: Carl J. Paperiello, Director l
Office of Nuclear Material Safety l and Safeguards
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SUBJECT:
MEMORANDUM OF UNDERSTANDING PCTWEEN THE NATIONAL SCIENCE FOUNDATION AND NRC CONCERNING MANAGEMENT OF RADIOACTIVE MATERIAL UNDER THE ANTARCTIC TREATY This memorandum provides guidance to NRC staff regarding the procedures to be used in effectuating transfers to and from Antarctica under the Memorandum of Understanding (MOU) between the NRC end the National Science Foundation (NSF).
BACKGROUND:
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The MOU between the NRC and the NSF clarifies the respective jurisdiction of the NRC and the NSF over radioactive materials transferred from the United States for use in Antarctica. The MOU acknowledges that, pursuant to the Antarctic Conservation Act of 1978, which implements the Antarctic Treaty and the Protocol on Envi:onmental Protection to the Antarctic Tresty, and Presidential Memorandum #6646 (Feb. 2,1982), the NSF has management responsibility for ja the United States Antarctic Program. The MOU accordingly recognizes the NSF's regulatory oversight, as described in 45 C.F.R. Part 671 and NSF policies, and reflects the agencies' understanding that the NRC will not exercise any authority under the AEA to regulate the use of byproduct, source, or special nuclear materialin Antarctica. The MOU specifies that the NRC or the Agreement States, as appropriate, will resume regulatory authority over any byproduct, source, or special nuclear material that is regulated by the NSF in Antarctica if and when such material re-enters the United States or its territories.
Staff Guidance and imolementation Procedures:
The NSF will usually grant permits for use of radioactive materials in Antarctica consistent with activities authorized under the NRC license for the same materials. However, as reflected in the MOU, the NSF has sole authority and discretion to grant permission for activities in Antarctica that could not be authorized under the NRC license.
Effective as of the date of this letter, NRC license reviewers will no longer license radioactive materials for use in Antarctica. NRC license reviews will only encompass facilities and use of radioactive materials within the NRC's jurisdiction and will not include, or reference, use of such materials in Antarctica. Upon renewal or amendment of any license that currently contains provisions for use of rsd:oactive materials in Antarctica, the NRC license reviewer will eliminate such references and notify the licensee of the removal.
9910060191 990916 PDR STPRO ESOOEN PDR
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Transfer of radioactive material from the United States to' Antarctica will be treated as transfers under 10 C.F.R. 30.41(b)(7) The transfer must be recorded as '1o Aritarctica, through (common carrier), per MOU w/NSF." I should note that,in light of the definition of the term
' " export" in 10 C.F.R.110.2, no export license (specific or general) is required for NSF shipments of byproduct materials to and from Antarctica because the shipments will not be transferred to a foreign sovereign.
l Radioactive material re-entering the United States from Antarctica will take the form either of radioactive waste or of radioactive materia for use. Return by NSF of either form of material to
' the United States from Antarctica will be effectuated by general import license pursuant to 10 C.F.R.110;.;7. In the case of radioactive waste material, the Office of International Programs has waived the specific license requirement for radioactive waste imports under Section 110.27(c) in order to allow the NSF to effectuate return shipments under the general .
. import license regulations (agg Attachment). Return shipments under general import license of
- . both radioactive waste or radioactive material for use must satisfy the requirements of 10 C.F.R.110.27, including the requirement in Section 110.27(a)(3) that the consignee be
. auth or ized to possess the material under a general or specific license issued by the NRC or an Agreement State.' An NRC licensee cannot exceed its possession limits in order to receive material from Antarctica. This MOU does not override any of the requirements regarding -
receipt or transfer of the items covered under 10 CFR Sections 31.3, 31.5,31.7,31.8, and
.31.10 Attachmentsi (1) MOU with the NSF f(2) Import L! cense Exemption ec: OGC OIP OSP e
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