ML20236F364
| ML20236F364 | |
| Person / Time | |
|---|---|
| Issue date: | 05/07/1987 |
| From: | Harold Denton NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA) |
| To: | |
| Shared Package | |
| ML20236F271 | List: |
| References | |
| FOIA-87-288, TASK-PINV, TASK-SE SECY-87-116, SECY-87-116-01, SECY-87-116-1, NUDOCS 8708030313 | |
| Download: ML20236F364 (13) | |
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.tay _ 1987 POLICY leci v o.:
NO' At ;- SICY-87-116 79 For: The Commission - -
From: Harold R. Denton, Director Office of Governmental and Public Affairs
Subject:
EXISTING LICENSES AUTHORIZING IMPORT OF URANIUM OF SOUTH AFRICAN ORIGIN
Purpose:
To (1) provide the Comission an analysis of the issues related to the possible amendment of existing NRC licenses authorizin r of South African-orioin uranium and i Sunmary: . The Executive Branch has recently reached an interim conclusion that the Anti-Apartheid Act (the Act) of 1986 l bans only the import of South African-origin uranium are and !
oxide for domestic consumption, i.e., imports for further 1 processing and reexport would be allowed. The Executive Bratich position conflicts with the analysis of that Act by NRC's General Counsel .which concludes that all imports of South African ore and. oxide are barred by Section 309.
Several Congressmen and others have petitioned NRC to amend ;
its existing import lice to bar incerts of all uranium i of South African orioin
(
Contact:
R. Neal Moore, IP 49-27984 Information in this record was deleted in accordance Act, exemptions #with -- the freedom of Information Folk. . Y 7-Z$$_
)
970B030313 070730 PDR FOIA TROSTEN87-200 PUR -- ~ ~ ~ ~ . . . . _ . . _ . - - - - - - - - - ~ ~
ff ~
The Commission
Background:
On October 2, 1986, Congress enacted the Comprehensive Anti-Apartheid Act of 1986 (the Act). Section 309 of that Act prohibits the import into the United States of (1) uranium ore and (2) uranium oxide that is produced or manufactured in South Africa, i i
The staff has submitted three papers for Comission consideration since passage of the Act. In November, the ,
staff advised the Commission (SECY-86-336), that a revision i to NRC regulations at 10 CFR 110 was necessary in order to satisfy NRC responsibilities under the Act. This was followed in December with a proposed revision to J 10 CFR 110 (SECY-86-336A). Appended to this paper was a !
l copy of the General Counsel's legal analysis that had previously been provided to the Commission. The legal analysis concluded that imports of uranium hexafluoride or other non-oxide fonns of uranium and uranium which have been l
substantially transformed are not barred by Section 309 of l the Act, but that the bar does extend to imports of South African uranium ore or uranium oxide into the U.S. whether intended for use domestically or for further processing and subsequent reexport.
As an interim step to comply with the statutory deadline, l the Commission promulgated an amendment to 10 CFR 110, which I was published on December 31, 1986, that requires a specific license for all imports of South African origin uranium. ,
The Commission did not make a decision on the scope of the uranium import bar, and gave no guidance as to what uranium import licenses, if any, wculd be issued. (
i 4
With respect to the Executive Branch's consideration of these matters, Executive Order 12571 delegated authority within the Executive Branch to the Secretary of the Treasury to implement most of the Act's provisions affecting imports from South Africa, including uranium imports. The Treasury Department promulgated two sets of regulations on March 10, 1987. These regulations are attached at Enclosure A.
The first (52 Fed. Reg. 7273) is a final rule which prohibits the import of South African uranium ore and !
uranium oxide without reference to its proposed end use.
l According to the rule, material such as uranium hexafluoride, which is produced from uranium ore or uranium oxide and which the Customs Service determines to have been substantially transformed outside the United States, does not fall within the import ban (31 CFR 6545.425).
I I
l l
l l
The Commission !
The second is an interim regulation, which will expire on July 1, 1987 (52 Fed. Reg. 7274), which would, notwithstanding the regulations discussed above, permit South African-origin uranium are or uran'um oxide to be imported solely for processing in the United States and subsequent reexport. Treasury has requerted Congressional and public comments on this interim rule. If Treasury does not extend these regulations beyond July 1, the broader import ban (which accords with the OGC analysis) would take effect.
In early February, the staff advised the Commission (in SECY-87-33) that eight new license applications have been received for the import of South African uranium. The staff also advised the Commission that 11 previously issued and unexpired licenses might be used as authority to import South Africa uranium. Staff stated that it had written to these licensees requesting them to inform the staff before importing South African uranium.
On February 17, a petition for leave to intervene and request for a hearing in opposition to' the istuance of the eight new license applications was filed Or. behalf of seven Congressmen and four organizations. In a separate petition, the same petitioners requested that existing licenses be revoked to the extent they permit the import of any South African origin uranium. The petition to intervene and request for a hearing regarding the new license applications is presently befor s filed on March 1
h l~
k- Harold P. Denton, Director Office of Governmental and Public Affairs Encicsures:
A. Treasury Dept regulations dtd 3/10/87 B. State Dept Ttr dtd 3/17/87 C. 00E ltr to 005 dtd 3/20/87
10 i l
Commissioners' comments or consent should be provided directly to the Office of the Secretary by c.o.b. Thursday, May 21, 1987.
Commission Staff Office comments, if any, should be submitted to the Commissioners NLT Thursday, May 14, 1987, with an inf.or-mation copy to the Office of the Secretary. If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should ,
be apprised of when comments may be expected. j 1
DISTRIBUTION:
Commissioners OGC (H Street)
SECY
.i l
m____ _ _ -_ . - _ _ - _ _ - _-____ _ _ _ _
9
' )
9
.)
N ENCLOSURE A 4
'Fedtral Rsgistir / Vol 52. No. 46 / Tutsday March 10, 1987 / Rules and Regulations 7273 l (3) The financing or funding of any l AcTiow: Final rule. In addition, an interim rule is published direct or Indirect sale, shipment or {
suuuAny:This rule amends the South elsewhere in this issue of the Federal 6
transfer referred to in paragraph (a)(1)
African Transactions Regulations 31 Register permitting the temporary or (2) of this section: importation into the United States of (4) The diversion of the proceeds from CFR Part 545 ("the Regulations"), to any transaction descrrbed in paragraph mplement Section 309 of the South African uranium ore and oxide for I Comprehensive Anti-Apartheid Act of processing and immediate exportation. i I
(a)(1) or (2) of this section to or for any These regulations also contain an person, organiza tion, foreign 1986 ("the Act"). Pub. L 99-440,100 Stat.
1086, as amended by H.J. Res 756, Pub. interpretation indicating that U.S.. origin government. or any faction or body of L 99431.100 Stat. 3515, and to add an goods mported temporanly from South insurgents in any foreign country, African parastatal organizations for including, but not limited to Nicaragua: mterpretation relating to Section 303 of i (5) The provision or coordination of the Act. Section 309 of the Act, which repair or servicing in the United States !
, are not goods marketed or otherwise l support for persons or entities engeged became effective at 12:01 a.m. Eastern l t as military insurgents in arnied conflict Standard Time December 31,1988 exported by a parastatal organization I within the meaning of Section 303 of the
' with the Government of Nicaragua since prohibits the importation in,to the United Act. and therefore are exempt from the 1984.
' States of uranium ore. uratuum oxide. prohibition of 1545208. The U.S.
(b) The Independent Counsel Iran / coal, or textiles produced or Contra shall ha ve jurisdiction and Customs Service will allow such .
manufactured in South Africa. The rule importations to be made under bond.
authority to investigate other allegations also includes a clarifying amendment The Treasury Department is also or evidence of violation of any federal under Section 303 with respect to U.S.- amending the Regulations to reflect
, criminallaw by Oliver L North, and any origin goods imported temporarily from person or entity heretofore referred to. approval by the Office of Management
- South African parastatal orgamzations and Budget of the information collection
- developed during the Independent for servicing or repair. 1 i Counsel's investigation referred to provisions contained in il 545.603 and l arrscTrvs DATE
- 12:01 a.m. Eastern $45.604 of the Regulations.
above, and connected with or arising out Standard Time. December 31,1986, Since these regulations involve a
- of that investigation. and to seek except that i 545.428 is effective as of r ndictments and to prosecute any foreign affairs function, the pmvisions of October 2.1986, and the amendment to persons of entities involved in any of the Administrative Procedure Act.5 I
f 545.901 is effective as of January 27. U.S.C. 553, requiring notice of proposed the foregoing events or transachons who 1987.
are reasonably beheved to have rulemaking. opportunity for public a committed a violation of any federal ron runTwen wrones47 ton CONTACT: participation, and delay in effective Marilyn L Muench Chief Counsel, date, are inapplicable. Because no crimmallaw (other than a violation Office of Foreign Assets Control.
constituting a Class B or C notice of proposed rulemaking is misdemeanor, or an infraction, or a Department of the Treasury,1331 G required for this rule, the Regulatory i petty offense) arising out of such events, Street. NW., Washington, DC 20220 Flexibility. Act. 5 U.S.C. 601 et seq., does mcluding persons or entities who have (telephone: 202/376-0408). not apply. Because these regulations are engaged in an unlawful conspiracy or suretaENTAny mromsArtow: In issued with respect to a foreign affairs w o have aided or abetted any enmmal Executive Order 12571 of October 27 function of the Umted States, they are 1986. 51 FR 39505 (Oct. 29.1986), the not subject to Executive Order 12291 of (c 5e Independent Counsel Iran / President delegated authority to the February 17.1981, dealing with Federil Contra shall have prosecutorial Secretary of the Treasury to implement regulations.
jurisdiction to initiate and conduct the Act's prohibitions ora Irnports of List of Subjects in 31 CFR Part 545 i
prosecutions in any court of competent certam products from South Africa.
g ,g p g 6 of e oYth nite ates ee oN ct e r t e '
Code, or any obstruction of the due 1986, and were implemented pursuant to ha y I{- gg t 1 R1 In add i n. h ct pma e. M M Part m b amW ma e al al t timon o : atement in as (o ows j
. violation of the federal criminallaws,in continued restrictions on loans to the connection with the investigation South African Government, which were li e e te in the o mber PART 545-SOUTH AFRICAN authorized by Part Boo of this chapter.
g , TRANSACTIONS REGUL.ATIONS
, Dated March 5.1987.
investment in South Africa (inclading 1. The Authority citation for Part 545 Edwin Muse (IL loans to the private sector) and a 4ttorney Ceneral continues to recd as follows:
prohibition on South African (m Doc. 87-5064 Filed M.67; 8 45 aml Authority: 50 U.S.C.1701 et seq.: E.O.
Government bank accounts in U.S. 12532, 50 m 38ael. Sept. 10.1985; E.O.12.535, see coot me-es-a depository institutions, effective 50 m 403r.5. Oct. 3.1965; Pub. L 99-440.100 November 16,1988, were implemented Stat.1088: Pub. L 99 431.100 Stat. 3515; EO.
in a final rule published on December 12571. 51 m 39505, oct. 29.1986.
DEPARTMENT OF THE TREASURY 29,1988, at 51 FR 46853.
Guidelines are published today tn a
- 2. Section 545.211 is added to read as Office of Foreign Assets Control separate notice related to this final rule goi; *'.
31 CFR Part 545 delineating the pmducts subject to the 5 545.211 ProNtWtion on importation of ban on importation into the United South African urantum ore, uranium oxide.
South African Transactions States of uranium ore, uranium oxide, coal, and textees.
Rgh textiles, and coal. The U.S. Customs (a) Notwithstanding any other Service will determine whether provision oflaw, no (1) uranium ore,(2)
. notwCv: Office of Foreign Asaets particular merchandise is subject to uranium oxide. (3) coal, or (4) textiles Control. Treasury. exclusion pursuant to these guidelines' that are produced or manufactured in
= ! i 7254 Fed:rtl Registst / Vol. 52 No. 46 / Tuesday. March to.1987 / Rules and Regulations f' Street NW., Washington, DC 20:20 tel: .
South Afnca may be imported into the 31 CFR Part 545 202/3?6-0408 United States.
(b) For purposes of this section. the South African Transactions SU5%EMENT ARY INFORMATION:
term " textiles" does not include any Regulations Amendments to the Regulations, article provided for in item 812.10 or implementing 8 provisions of the Act that j acENcv: Office of Foreign Assets i 813.10 of the Tariff Schedules of the became effective on enactment or 45 Controg, Treasury. days thereafter, were published on United States.19 U.S.C.1202. ACTION: Interim rule. November 19,1986 (51 FR 41906) and
SUMMARY
- This rule, effective through December 29,1986 (51 FR 40853). A final l j 545.203 [ Amend edl i July 1,1987, amends the South African rule containing amendments
- 3. Section 545.203lf)is added to read implementing section 309 of the Act, .
as follows: Transactions Regulations. 31 CFR Part effective December 31,1986, is published i
. * * . . 545 (the " Regulations"), to interpret the elsewhere in this issue of the Federal (f) The effective date of the prohibition on importation of South ,de Register.The amendment published m ,
Afncan uranium ore and uranium oxi this interim rule interprets the South prohibition in 5 545.211 is 12:01 a.m.
Eastern Standard Time. December 31, contained in section 309(a) (1) and (2) of the Comprehensive Anti Apartheid Act Afncan uranium ore and oxide ggge importation prohibitions in section 309 of 1986 Pub. L 99-440,100 Stat.1088, as
- 4. Section M5.425 is added to read as amended by H.J. Res. 756. Pub. L 99-631, of the Act, effective December 31,1986. l ggg0 **. 100 Stat. 3515 ("the Act"), as If not published as a final rule on or [
implemented in i 545.211 of the beforcs July 1,1987, this interim rule will t 545.425 Substantial transformation of Regulations. lapse at midnight on that date.
uranium ore and onlde.
The uranium ore and oxide import Section 309(a)(1) and (2) of the Act , ! '
Articles such as uranium prohibition in section 309 of the Act was Il 545.211 of the Regulations) prohibits hexafluoride, which are produced from the importation of uranium ore and !
accompanied by certain legislative uranium ore or uranium oxide and history, not accepted by all Senators, uranium oxide produced or f i which the U.S. Customs Service indicatmg a Congressionalintent to manufactured in South Africa, effective . ;
determines to have been substantially December 31,1988. On August 15,1986, 8
perrnit the temporary importation into transformed outside the United States, Senate floor debate took place on an are not subject to the import prohibition the United States of South African uranium ore and oxide for processm, g unsuccessful amendment (No. 2766) to of i 54531. and immediate exportation. Because of section 311 of Senate bill S. 2701 (which
- 5. Section 545.426 is added to read as the uncertainty concernina became section 309 of the Act) to gggy.,.
mterpretation of this section, and the remove this ban on uranium substantial, irrevocable har n that importation. Congressional / Record, l 545.426 Repair of U.S.-origin 9oods parties in the United States might suffer S11851-52 (daily ed., Aug.15,1988). A esported by South African parastatais, thr ugh a potentidly mistaken portion of this debate was not reported The temporary return from South pr hibition. Treasury has determined to n the daily edition of the Congressional Africa to the Umted States of U.S.. origin publish this interim rule. The interim Record, but w as : ster furnished by goods for repair or servicing and re. 1ule all ws temporary importation of Senator McConnell to the Treasury export is not considered an exportation uramum re and uranium oxide subject Department, and by Senator Lugar to the by a parastatal organization of South t certain c r.ditions. Simultaneously- State Department in the form of galley Afr.ca pursuant to i 545.208 of this part. '" " 'fr e anent of the P diti,o
. Section 545.901 is revised to read as a d pub co en o pp ica g ows. of section 309 to imports of uranium ore In the course of this debate. Senator d xd .p essmg and McConnell noted the employment i 545.901 Paperwork Reduction Act exportation to third countries. impact of the bill on industries which DATES:This interim rule is effective as import. process, and reexport natural The talormation collection of 12:01 a.m. Eastern Standard Time resources from South Africa. Senator requirements in i1545.503. 545.504. [EST) December 31,1988. The interim Lugar. Chairman of the Foreign I
545.601, and 545.002 have been approved rule will lapse at 12:00 a.m. Eastern Relations Committee, responded to this by the Office of Management and Daylight Time, July 1,1987. Comments concern, stating:" . .The billis not !
i Dodget (OMB) and have been assigned on the interim rule must be received by designed to have any punitive impact I control number 1505-0091. ~11e 5:30 p.m. EST, May 11.1987 except on products which are imported informa: ion collection requireinents of into the United States for consumption !
Aeonesses: Comments on this intenm l 545.807 have been approved by OMB rule should be addressed to Unit SA427, in the United States.1 think economists !
Office of Foreign Assets Control, have defined a distinction between l e fnf r ainc et n qu r n Department of the Treasury,1331 C temporary imports and imports for :
h b Street, NW., Washington, DC 20220. consumption. It is the latter that we are l pP e B and asi ed control Comments received will be available for targeting when we refer to imports in I I
number 1505-0098 public inspection on working days this bill." Senator Ford then stated to Dated- February 13.1987. between the hours of 9:30 a.m. and 4:30 Senator Lugar:". . . I have had )
R. Richard Newcomb, p.m. at the Office of Foreign Assets discussions with the leadership on my Control.1331 G Street NW., side of the aisle and we share your l Director. C$ce of foreign Assets control Washington, DC: tel.: 202/37 H 395. interpretation of the bill's intention." .
Approved: February 28.1987.
FOR FURTHER INFORM ATION CONTACT: The interpretation of the section 309 !
Fr ncia A. Keating it. uranium import ban contained in the 1 Assistant Secretary /&forcement/. Marilyn L Muench, Chief Counsel, Office of Foreign Assets Control colloquy among Senators Lugar, (F R Doc. 87-5072 Filed M-87: 12:29 pml Department of the Treasury,1331 G McConnell and Ford was disputed by
% co, ,m
" ~ - - - - - - - - - - - . _ - . _ _ . _ _ _ , . _ _ _ _ _ _ _ _ _ _ _ _ _ _
Federal Registir / Vol. 52. No. 46 / Tuesday. March 10. 1987 / Rules and Regulations 7275 other Senate members after passage of function of the United States, they are 31 CFR Part 545 the Act. See, for example. Congressiono/ not subject to Executive Order 12291 of Reco.~d. S17319 (daily ed. Oct. 18,1988). February 17.1981. dealing with Fedetal South Afr6can Transactions Therefore, the Treasury Department has regulations. Regulations--Product Guidelines determmed to seek clanfication of the List of Subjects in 31 CFR Part 545 AoENcV: Office of Foreign Assets i mtended scope of the uranium import Control. Treasury, i ban through publication of this interim Exports, imports. Namibia. South rule, and a request for written comments Africa. Uranium. AcT1oec Notice of Interpretation. I
= '
from interested parties by May 11.1987.
SUMMARY
- Notice is hereby given that The domestic uraniurn conversion PART 545-4 AMENDED) the guidelines set forth below will be i industry and the Federal Government's used by the U.S. Customs Service of the enrichment industry could be senously 1.The Authority citation for Part 545 continues to read as fo11ows Department of the Treasury m injured in a manner unintended by the detemining which products are subject Congress if the section 309 import ban Authority: 50 U.S C.1701 et seq.: E.O. to the ban imposed by section 309 of the on uranium ore and oxide were 1:532. 50 FR 36801. Sept.10.1985: EO.1:535.
Comprehensive Anti. Apartheid Act of ,
implemented to bar imports for 50 FR 40325. Oct. 3,1985; Pub. L 9S-440.100 Stat.1086: Pub. L 94-631. too Stat. 3515: EO. 1988. Pub. L 9}-440.100 Stat.1088 ("the processing and export through a Act"), as amended by H.J. Res. 758, Pub.
mistaken interpretation of the Act. If 1:571. 51 FR 39505. Oct. 29.1986. !
L 99-631,100 Stat. 3515, on importations imports for processing ar.d reexport 2. Interim 9 545.427 is added to read from South Africa of uranium ore.
were prohibited, foreign electric utilities as follows: uranium oxide, coal. and textiles. l.
might divert their South African origin Section 309 of the Act is implemented in I uranium ore and oxide to other 6 545.427 Temporary importa in bond of the South African Transactions countries, including the Soviet Union. uranium ore and oxide for proceulng and Regulations (" Regulations"). 31 CFR Part for conversion, enrichment. or other exPortadon. 545, at 1545.211 as set forth in a final processing. Uranium processing is (a) The prohibition is 9 545.211 does rule regarding South Africa that is being normally dona under long. term contract, not apply to importation in bond of published in conjunction with this so that the trade lost due to an uranium ore or uranium oxide produced notice. i erroneous interpretation of the Act or manufactured in South Africa, when '
might be foreclosed to the domestic ErritcT:vE DATit: 12:01 a.m. Eastern such importation is made solely for industry wellinto the future. During the Standard Time. December 31.1988.
processing in the United States and comment period and Treasury exportation of the products of that Acontssrs: Copies of this notice and consideration of comments received, the processing, provided that the following the u cant snsac o Treasury Department will preserve the requiremer:ts are met: p gu ,y }, , e Office position of the pubhc and private (1) The importation of the uranium ore En Aum Nd M domestic industry with respect to contracts covering uranhtm processing or oxide has been authorized by license issued by the U.S. Nuclear Regulatory
(, "
8o
- l for export. Commission (NRC), satisfactory Fon runt 1 ten INronunow CONTACT:
Under interim section 545.427. South evidence of which is presented to the Harrison C Feese or Louis Alfano. U.S.
African uranium ore or oxide may be U.S. Customs Service prior to or at the Customs Service. Office of Commercial imported in bond for processing and time of importation: Operations.1301 Constitution Avenue J
reexport pursuant to item No. 864.05 of (2) The importation is properly NW Washington. DC 20229 (telephone: j the Tariff Schedules of the United classified under item No. 864.05 of the 202/5 N 4 <
States provided that the imported ore or Tariff Schedules of the United States as sUPet EMENTAAY ENFoRMAT10ac Section oxide is accompamed by a license for an importation in bond for processing 309 of the Act (Regulations. I 545.211) importation issued by the Nuclear and reexport: and prohibits the importation of uranium ore.
Regulatory Commission (the "NRC"). uranium oxide, coal, and textiles i (3)If the uranium ore or oxide was produced or manufactured in South l See 10 CFR 110.27(b)(2). 51 FR 47207 pr duced, marketed or otherwise (Dec. 31.1986). In the case of uranium *xp ' 0" Africa. A final rule implementing section I ore or oxide produced. marketed or g h ca $e i p ta 11 309 of the Act. as delegated to the otherwise exported by a parastatal Secretary of the Treasury pursuant to organization of South Africa, the pursuant to a contract entered into prior A s 5.1986, and occurs no later Executive Order 12571 of October 27, impodation must be pursuant to a contract entered into prior to August 15.
(t p ,
- 1988. 51 FR 39505 (Oct. 29,1986). is published elsewhere in this issue of the 1986, and occur by April 1.1987. See 31 (b) This interim rule shalllapse at Federal Register. This notice is CFR 545.208(a)(2). 51 FR 41907 (Nov.19, midnight on July 1.1987, except with published in conjunction with that final 1986k respect to importations made prior to rule to inform interested persons of the Since these regulations involve a that time pursuant to this interim mle*
guidelines to be employed by the U.S.
foreign affairs function. the provisions of which shall continue to be subject to its Customs Service in determining which the Administrative Prc,cedure Act. 5 requirements.
products are subject to the ban of U.S.C. 553. requiring notice of proposed Dsted. February 13.1987. section D9.The guidelines are drawn rulemaking. opportunity for public R. Richan! Newcomb, from the Tariff Schedules of the United participation, and delay in effective afactor, offfe, ofrof,j gn A,,,c, contfof. States ("TSUS") 19 U.S.C.1202, and date, are mapplicable. Because no include the appropriate TSUS numbers notice of proposed miemaking is APPmd hbmary 28,1987.
for each prohibited item. persons with required for this rule, the Regulatory Francis A. Keatms 11. questions concerning product Flexibility Act. 5 U.S.C. 601 et seq., does AssistantSecretary(Enfon:ementA classifications should contact the local ,
not apply. Because these regulations are [FR Doc. 87-5073 Filed 3-647: 12:29 pm) U.S. Customs Service district office or I issued with respect to a foreign affairs sumo coos asis.as.u the office indicated above. In addition, i
l 1
6 727s Federal Rargistee / Vol. 52. No. 48 / Tuesd.::y, March 10. 1987 / Rules and Reguhtions _.
an intenm rule is published elsewhere in AcnoN: Final regulations: correction, sus %EMENTARY INFOnatADO9C This is a this issue of the Federal Register summuy of the Commission's Report senswutn In the Federal Registar of . and Order. MM Docket No.86-338.
permittmg the temporary importation Friday. February 27,1967. (52 FR h ints the Umted States of South African adopted February 4.1987, and released uranium ore and oxide for processing b964). the VA (Veterans Administration) March 3.1987.The inu text of this adopted a rule ccacerning educational Commission decision is available for and imrnedf ate exportation..
' nspection and dunng normal (Sectfon 300 of the Comprehensive And. d f ul s no7ce co t p viously ***" "" * '*
Aparthed Act of 1986. Pub. I.90-440, too published information.
St:t.1080. as amended by H.J. Res. 756, Pub, Branch (Room 230).1919 M Street NW.,
L 99-e31.100 seat. 3515]
EFFECTIVE DATE:De ember 11.1988. Washington. DC.The complete text of f FOA FURTNER INFORMATION CONTACT: this dccision may also be purchased g Pmduct Gh June C. Schaeffer (27:5). Assistant from the Conunission's copy contractors. ,
- 1. Uranium Ore and Uronium Oxide Director for Education Policy and International Transcription Service. ,
Program Administration. Vocational (202) 857-3000. 2200 M Street NW., Suite ;
The categories uranium ore and 140. Washmgton. DC 20037.
urar.ium oxide include the followmg: Rehabilitation and Education Service. .
Department of Veterans Benefits. IJst of Subjects in 47 CFR Part 73 1.TSUS 60L57-uranium ore.
2.TSUS 422 50-uranium oxide. Vetcrans Adminstration. 810 Vermont e Avenue NW. Washington, DC 2042.0. Radio broadcastmg.
fl. Coal (202) 233-2092.
This category includes the following: SUS %EuCNTARY INFonuATION: In 38 PART 73--(AMENDED) i
- 1. EUS 517.51. CFR 21.4504(d) the last sentence should 1. The authority citation for Part 73
- 2. TSUS 521.31. read: A default may only be rescinded continues to read as follows:
when the VA has been led to create the r
- I' ##
default as a result of a mistake of fact or Authority: 47 U.S.C.154. 301 This category includes the following- law. [38 U.S.C.1798(e)(1)) [
$ 73.202(b) [ Amended!
- 1. Allmerchandise classifiedin U*d; M*h 4* 1887-Scheduh 3 orthe TSUS. 2. Section 73J.02(b). the Table of FM PrinciBa Carey. Allotmenta is amended by adding
- 2. Schedu/c 6c a.TSUS 696.1510-.
AC'in8 Chiel Direc'ive8 Mono 8emen' Channel 278A to the entry for Lancaster.
Stils. DiV'O*n'
- 3. Schedule 7: Ohio.
- e. TSUS 700J2-700.80--Footwear with [FR Doc. 87-4994 Filed 3-9-87: 8 45 am) Bradley P. Holmaa.
Uppers of fiber. 'M CC** '"***
- Chief. Policy and Rules Division. Moss Media b.TSUS 7c2.06 '03.16-Headweat. _-
Burean
- c. TSUS 703.80-703.95-Headweaf. [FR Doc. 87-4940 Filed 3-047; 8.45 am)
- d. BUS 704.05-704.9bGloves. FEDERAL COMMUNICATIONS
- e. TSUS 7DS.8505-7052525-Gloves. COMMtSSION
- f. TSUS 708.32-706.41--Luggege, etc.
- g. TSUS 706.47-Luggage, etc. 47 CFR Part 73 47 CFR Part 73
- h. TSUS 72712-Cotton pillows.
[MM Dodet No.86-338 RM-5506)
- 1. TSUS 74tL45-748.5bWearing [uM Docket No. 86-2s7; Rus-6280,5553, 8PP:rel. Radio Broadcasting Services; 5556)
). EUS 772.3115-772.3140-Wearing Lancaster, OH appzrel Radio Broadcasting Services; Canton,
- k. TSUS 790.57-Toys for pets. ACEhr'Y: Federal Communications T1ogs and Utysses, PA
- 1. TSUS 79134-Wearmg apparel. Commission. ,
- 4. Schedule a of the TSUS and the Action: Final rule. AGENCY: Federal Communications .
Appendix: Commission.
suuuany:This document auocates All textiles and textile articles Channel 278A to Lancaster. Ohio, as the ACTION: Final rule. .
classified in Schedule 8 and the Apprndix except TSUS numbers 812.10 community's second local FM service, at suuuAny:This document substitutes and 813.10. the request of John Carber and Channel 282B1 for Channel 281A at Associates. The Commission, in Canton, Pennsylvania, and modifies the ,
Dst 2d: February 13.1987.
allocating the channel, also waived license of Station WKAD-FM to specify I
~ *' P Director. OPrce of Forergn Asseto Contml. WP h M efne h ies gy y Approved; February 26.1987. within Zone 1. as requested. Therefore. and adocates Channel 227A to Tioga. i Francis A. Kastins, n. Channel 278A can be allocated in Pennsylvania. at the request of Amta L. !
Assistant secretary (Enforcement. compliance with the Commission's Clark. Channel 262B1 can be allocated !
[FR Doc. 87-5071 Filed 3-6 87:12.29 pm) minirnum distance separation anton and used at Station WKAD- I
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requirements without the imposition of a to pgC.s present transmitter site in !
site restriction. Canadian concurrence in compliance with the Commission's i
_ the allotment has been received. minimum distance separation l VETERANS ADMIN!STRAT10N EFFEcT1YE DATES: April 17,1987:The requirements. Channel 227A can be i window period for filing applications for allocated to Tioga in compliance with 1 38 CFR Part21 open on Apnl 20.1987, and close on the Commission's minimum distance !
ay 18.198E Separation requirement without a site f V3t:rans Educationi Education Loans FOR FURTHER INFORMATION CONTACT: restriction. The request of Donna M. j in N e A C e @ n Leslie K.She iro. Mass Media Bureau. Venetz to allocate a first local FM i AtEs.cy: Veterans- Administration. (202) 634-6530. channel tb Ulysses. Pennsylvania, will l l
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ENCLOSURE B I
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e a United States Department of State i t y @A Rg _ }f Washingon. D.C. 205:0 v
BURF AO OF OCEANS AND INTERNATIONAL j ENVIRONMENTAL AND SCIENTIFIC AFFAIRS '
March 17, 1987 i Mr. James R. She a '
D i r ec t or of In ter r.a t ional Prog ram s l Ur.;ted States Nu cle ar Re gula tor y Commis s ion Bethesda, Maryland
Dear Mr . 5 h,
e a :
s This le t t e r is in re sponse to th e letter fr om yo ur 1 of f ice dated January 27 1987, r eque :su i ng Executive Branc h views regarding po s s !ble impor ts of South Af rican or igin nuclear ma ter ial under existing valid licenses issued ;
prior to th e re cen t am endmen t of NRC Impor t regulations s u bs e qu e n t to the passage of the Comprehensive Anti-Apar theid Ac t of 19 86. )
I It is th e view of the Execu tive Br anch th a t impor ts of nuclear material in to the Uni ted S ta tes under these previously-issued li censes ma y be made if in ac co rdance w i th the provisions of Comprehensive Anti-Apar theid Act o f 1936 an d re gula tions pr omulga ted pu r suan t to th a t Ac t .
Ac co rd ing ly, the .NRC may wish to amend those licenses to preclude their us e fo r impor ts which would be co n t ra ry th e the Comprehensive An ti- Apar theid Act of 1986.
S in ce re ly, Kh k r. L5kr4 Fred Mc Gold r ic k , Acting D epu ty As sis tan t Se cre tar y Nuclear Energy & Energy Technology Programs
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