ML23156A392

PR-110 - 58FR57962 - Export and Import of Nuclear Equipment and Material; Export of High-Enriched Uranium

ML23156A392
Person / Time
Issue date:	10/28/1993
From:	Taylor J NRC/EDO
To:
References
PR-110, 58FR57962
Download: ML23156A392 (1)

Text

ADAMS Template: SECY-067 DOCUMENT DATE: 10/28/1993 TITLE: PR-110 - 58FR57962 - EXPORT AND IMPORT OF NUCLEAR EQUIPMENT ANDMATERIAL; EXPORT OF HIGH-ENRICHED URANIUM CASE

REFERENCE:

PR-110 58FR57962 KEYWORD: RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete

STATUS OP RULEMAXING PROPOSED RULE: PR-110 OPEN ITEM (Y/N) N RULE NAME: EXPORT AND IMPORT OP NUCLEAR EQUIPMENT AND MATERIAL; EXPORT OP HIGH-ENRICHED URANIUM PROPOSED RULE PED REG CITE: 58FR57962 PROPOSED RULE PUBLICATION DATE: 10/28/93 NUMBER OF COMMENTS:

ORIGINAL DATE FOR COMMENTS: I I EXTENSION DATE: I I FINAL RULE FED. REG. CITE: FINAL RULE PUBLICATION DATE: I I NOTES ON ISSUED AS FINAL RULE. SIGNED BY EDO. FILE LOCATED ON Pl.

STATUS F RULE TO FIND THE STAFF CONTACT OR VIEW THE RULEMAKING HISTORY PRESS PAGE DOWN XEY HISTORY OF THE RULE PART AFFECTED: PR-119 RULE TITLE: EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL; EXPORT OF HIGH-ENRICHED URANIUM ROPOSED RULE PROPOSED RULE DATE PROPOSED RULE SECY PAPER: SRM DATE: I I SIGNED BY SECRETARY: 10/13/93 FINAL RULE FINAL RULE DATE FINAL RULE SECY PAPER: SRM DATE: I I SIGNED BY SECRETARY: 12/18/93 STAFF CONTACTS ON THE RULE CONTACTl: ELAINE HEMBY MAIL STOP: 3-H-5 PHONE: 504-2341 CONTACT2: MAIL STOP: PHONE:

DOCKET NO . PR-110 (58FR57962)

In the Matter of EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL; EXPORT OF HIGH-ENRICHED URANIUM DATE DATE OF TITLE OR DOCKETED DOCUMENT DESCRIPTION OF DOCUMENT 10/ 14/93 10/13/93 FEDERAL REGISTER NOTICE - FINAL RULE

CK[lEO (7590.l.Je~ P) 1 1

• 93 OCT 14 \1 :O 7 NUCLEAR REGULATORY COMMISSION 10 CFR Part 110 RIN 3150-AE82 Export and Import of Nuclear Equipment and Material; Export of High-Enriched Uranium AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulations pertaining to the export and import of nuclear

- equipment and material to implement Section 903 of the Energy Policy Act of 1992. The final rule augments NRC regulations to include the criteria for the export of high-enriched uranium specified in the Energy Policy Act.

DATES: The rule becomes effective 30 days after the date of/ ft o/q J./

publication in the Federal Register. Submit comments within 75 days after the date of publication.

ADDRESSES: Mail wri tten comments to: Secretary, u.s. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Docketing

and Service Branch.

Deliver co1111D.ents to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:45 am and 4:15 pm Federal workdays.

(Telephone 301-504-1966.)

Copies of co1111D.ents received may be examined at: the NRC Public Document Room at 2120 L street NW (Lower Level),

Washington, DC 20037.

FOR FURTHER INFORMATION CONTACT: Elaine Hemby, Office of International Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone (301) 504-2341.

SUPPLEMENTARY INFORMATION: The Energy Policy Act of 1992 (Pub.L.

102-496), was enacted on October 24, 1992. Section 903 of that Act added a new Section 134 to the Atomic Energy Act of 1954, as

- amended. The new Section 134 provides that the NRC may issue a license for the export of high-enriched uranium to be used as a fuel or as a target in a nuclear research or test reactor only if, in addition to any other requirement of that Act, the Commission determines that:

(1) There is no alternative nuclear reactor fuel or target enriched in the isotope 235 to a lesser percent than the proposed export, that can be used in that reactor; (2) The proposed recipient of that uranium has provided assurances that, whenever an alternative nuclear reactor fuel or target can be used in that reactor, it will use that alternative

in lieu of highly enriched uranium; and (3) The United States Government is actively developing an alternative nuclear reactor fuel or target that can be used in that reactor.

Section 134 b. of the Atomic Energy Act of 1954, as amended, defines the operative terms as follows:

b. As used in this section --

• n (1) the term 'alternative nuclear reactor fuel or target' means a nuclear reactor fuel or target which is enriched to less than 20 percent in the isotope U-235; (2) the term 'highly enriched uranium' means uranium enriched to 20 percent or more in the isotope U-235; and (3) a fuel or target 'can be used' in a nuclear research or test reactor if--

(A) the fuel or target has been qualified by the Reduced Enrichment Research and Test Reactor Program of the Department of Energy, and (B) use of the fuel or target will permit the large majority of ongoing and planned experiments and isotope production to be conducted in the reactor without a large percentage increase in the total cost of operating the reactor. "

The Commission has adopted amendments to ss110.2 and 110.42(a) of 10 CFR part 110 to include provisions of Section 134

of the Atomic Energy Act of 1954, as amended. The amendment to

§110.2 adds a definition of the term "target" as used in the statute. The amendment to Sll0.42 adds a new paragraph (a)(9) that sets forth the criteria for export of high-enriched uranium as specified in the legislation.

This rulemaking involves a foreign affairs function of the United States. Additionally, the Atomic Energy Act of 1954, as amended, directs the Commission to impose the limitations on the issuance of licenses to export high-enriched uranium as described above. The changes to Commission regulations incorporate and interpret the relevant language of the Energy Policy Act of 1992 into 10 CFR part 110. The Commission has therefore found that, for the reasons stated above, notice of proposed rulemaking and comment thereon are not required by the Administrative Procedure Act (5 u.s.c. 553(a) (1), codified at 10 CFR S 110.132(e), and 5 u.s.c. 553(b)(A)). Nevertheless, any interested member of the public who believes that the Commission has not accurately conformed Part 110 to Section-134 of the Atomic Energy Act of 1954, as amended, or has comments on any other relevant issue is invited to submit comments within 75 days of the date of publication of this rule.

BnviroDllental Im.paot1 categorical Bxolusion The NRC has determined that the final rule in Part 110 is

- 5 -

the type of action described in 10 CFR 51.22(c) (1). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.

Paperwork Re4uction Act stat-8Dt 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.

Regulatory Analysis The commission has considered alternatives to as well as the costs and benefits of the final rule. There is no alternative to amending NRC's regulations in 10 CFR 110 because the Energy Policy Act of 1992 directs the Commission to impose limitations on the issuance of licenses to export high-enriched uranium.

NRC's regulations already provide strong regulatory control over the export of high-enriched uranium by strictly limiting its supply; therefore, the rule will have minimal impact on affected exporters. The final rule will not result in any increase or cost to the public. The foregoing constitutes the regulatory analysis for this final rule.

- 6 -

Backf'it Analysis The NRC has determined that the back.fit rule, 10 CFR 50.109, does not apply to this final rule, and, therefore, a back.fit analysis is not required for this final rule because Part 110 applies only to the export and import of nuclear facilities, material and components, and does not deal with domestic facilities.

List of SUbjects in 10 CJ'R Part 110 Administrative practice and procedure, Classified information, criminal penalties, Export, Import, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and record.keeping requirements, Scientific equipment.

For the reasons set out in the preamble and under the authority of 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 NRC is adopting the following amendments to 10 CFR Part 110.

I PART 110 - EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL

1. The authority citation for Part 110 is revised to read

as follows:

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); sec. 5, Pub. L. 101-575, 104 Stat. 2835 (42 u.s.c. 2243).

Sections 110.l(b) (2) and 110.l(b){3) also issued under Pub.L. 96-92, 93 Stat. 710 (22 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 110.27 also issued under sec. 309(a), Pub. L.99-440. Section 110.SO{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.

954, 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.so-110.113 also issued under s u.s.c. 552, 554. Sections 110.130-110.135 also issued under 5 u.s.c. 553. Sections 110.2 and 110.42(a) (9) also issued under sec. 903, Pub.L. 102-496 (.2 U.S.C. 2151 et seq.).

2. In S 110.2, a definition of "target" is added to read as follows:

S 110.2 Definitions.

Target means material subjected to irradiation in an accelerator or nuclear reactor to induce a reaction or produce nuclear material.

3. In Sll0.42, paragraph (a) (9) is added to read as follows:

S 110.42 Export licensing criteria.

(a)

(9) (i) With respect to exports of high-enriched uranium to be used as a fuel or target in a nuclear research or test reactor, the Commission determines that:

(A) There is no alternative nuclear reactor fuel or target enriched to less than 20 percent in the isotope U-235 that can be used in that reactor; (B) The proposed recipient of the uranium has provided assurances that, whenever an alternative nuclear reactor fuel or target can be used in that reactor, it will.use that alternative fuel or target in lieu of highly-enriched uranium; and (C) The United States Government is actively developing an alternative nuclear reactor fuel or target that can be used in that reactor.

(ii) A fuel or target "can be used" in a nuclear research or test reactor if -

(A) The fuel or target has been qualified by the Reduced Enrichment Research and Test Reactor Program of the Department of Energy; and (B) Use of the fuel or target will permit the large majority of ongoing and planned experiments and isotope production to be conducted in the reactor without a large percentage increase in the total cost of operating the reactor.

-,/(

Dated at Rockville, MD, this p-day of 0~ 1993.

For the Nuclear Regulatory Commission.

Operations.

)

Approved for Publication The Con111ission has delegated to the Executive Director for Operations (10 CFR l.3l(c)) the authority to develop and promulgate rules as defined in the

.* Administrative Procedure Act (5 U.S.C. 551(4)) subject to the limitations in NRC Management Directive 9.17, Organization and Functions, Office of the Executive Director for Operations, paragraphs 0213, 038, 039, and 0310.

The attached final rule entitled *Export and Import of Nuclear Equipment and Material; Export of H'igh-Enriched Uranium,* implements Section 903 of the Energy Policy Act of 1992, Public Law 102-496. Section 903 of that Act adds a new Section 134 to the Atomic Energy Act of 1954, as amended, regarding the r-Co11111ission's licensing requirements for the export of high-enriched uranium.

The final rule does not raise a significant question of policy, nor does it amend regulations contained in 10 CFR Parts 7, 8, or 9 of Subpart C concerning matters of policy. I therefore find that the final rule is within the scope of my rulemaking authority and am proceeding to issue it.

Date ' '

for Ope,rations.