ML23156A413

PR-110 - 58FR14344 - Specific Licensing of Exports of Certain Alpha-Emitting Radionuclides and Byproduct Material

ML23156A413
Person / Time
Issue date:	03/17/1993
From:	Taylor J NRC/EDO
To:
References
PR-110, 58FR14344
Download: ML23156A413 (1)

Text

ADAMS Template: SECY-067 DOCUMENT DATE: 03/17/1993 TITLE: PR-110 - 58FR14344 - SPECIFIC LICENSING OF EXPORTS OF CERTAIN ALPHA-EMITTING RADIONUCLIDES AND BYPRODUCT MATERIAL CASE

REFERENCE:

PR-110 58FR14344 KEYWORD: RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete

STATUS OF RULEMAICING PROPOSED RULE: PR-110 OPEN ITEM (Y/N) N RULE NAME: SPECIFIC LICENSING OF EXPORTS OF CERTAIN ALPHA-EMITTING RADIONUCLIDES AND BYPRODUCT MATERIAL PROPOSED RULE FED REG CITE: 58FR14344 PROPOSED RULE PUBLICATION DATE: 03/17/93 NUMBER OF COMMENTS: 6 ORIGINAL DATE FOR COMMENTS: 04/16/93 EXTENSION DATE: I I FINAL RULE FED. REG. CITE: 59FR48994 FINAL RULE PUBLICATION DATE: 09/26/94 NOTES ON PROPOSED RULB SIGNED BY EDO. SEB COMSECY-93-006 DTD 2/3/93; MEMO STATUS WROM EDO (ii.TAYLOR). FILE LOCATED ON Pl.

F RULE -

TO FIND THE STAFF CONTACT OR VIEW THE RULEMAKING HISTORY PRESS PAGB DOWN KEY HISTORY OF THE RULE PART AFFECTED: PR-110 RULE TITLE: SPECIFIC LICENSING OF EXPORTS OF CERTAIN ALPHA-EMITTING RADIONUCLIDES AND BYPRODUCT MATERIAL

-OPOSED RULE PROPOSED RULE DATE PROPOSED RULE SECY PAPER: SRM DATE: 02/03/93 SIGNED BY SECRETARY: 02/22/93 FINAL RULB FINAL RULE DATE FINAL RULE SECY PAPER: 94-196 SRM DATE: 09/14/94 SIGNED BY SECRETARY: 09/16/94 STAFF CONTACTS ON THE RULE CONTACT1: ELAINE O. HEMBY MAIL STOP: 3-H-S PHONE: 504-2341 CONTACT2: MAIL STOP: PHONE:

DOCKET NO. PR-110 (58FR14344)

In the Matter of SPECIFIC LICENSING OF EXPORTS OF CERTAIN ALPHA-EMITTING RADIONUCLIDES AND BYPRODUCT MATERIAL DATE DATE OF TITLE OR DOCKETED DOCUMENT DESCRIPTION OF DOCUMENT

- 03/12/93 02/22/93 FEDERAL REGISTER NOTICE - PROPOSED RULE 04/02/93 04/02/93 REQUEST FOR EXTENSION OF TIME SUBMITTED BY JOHN DARKE. THE REQUEST IS FOR A 60 DAY EXTENSION OF THE COMMENT PERIOD.

04/19/93 04/16/93 COMMENT OF WESTINGHOUSE ELECTRIC CORPORATION (WILLIAMS. HUDEC) ( l) 10/28/93 05/18/93 COMMENT OF FRONTIER TECHNOLOGY CORPORATION (DR. EDWARD F. JANZOW, PRESIDENT) ( 2) 10/28/93 05/20/93 COMMENT OF GAMMA-METRICS (E . A. CORTE/J . E. MILLER) ( 3) 10/28/93 05/20/93 COMMENT OF NATIONAL NUCLEAR CORPORATION (KINICHI KUSUMOTO, V. P.) ( 4) 10/28/93 05/21/93 COMMENT OF ABB COMBUSTION ENGINEERING NUCLEAR POWER (C. B. BRINKMAN) ( 5) 10/28/93 05/21/93 COMMENT OF GAMMA-METRICS (ROBERT KLATT) ( 6) 09/19/94 09/16/94 FEDERAL REGISTER NOTICE ON FINAL RULE PUBLISHED ON 9/26/94 AT 59 FR 48994 .

DOCKET NUMBER PROPOSED RULE II pn // 0 = DOCKETED JS .R C (5f--PR. l'-13'-IL/) [7590-01-P]

• 94 EP 19 P2 :49 NUCLEAR REGULATORY COMMISSION or~-:{

10 CFR Part 110 RIN 3150 - AE31 Specific Licensing of Exports of Certain Alpha-Emitting Radionuclides and Byproduct Material AGENCY: Nuclear Reaulatory Commission.

ACTION: Final rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulations to (1) establish specific licensing controls on the export of bulk tritium, transuranic isotopes americium-242m, californium-249, californium-251, curium-245, curium-247, and certain specified alpha-emitting radionuclides; (2) revise and establish new general licenses for tritium and the specified alpha-emitting radionuclides which are keyed to the recipient country's membership in the Nuclear Suppliers Group; (3) remove Argentina, Brazil, and Chile from the list of restricted destinations; and {4) revise the general license for exports of Canadian-origin uranium. The amendments are necessary to conform the export controls of the United States to international export control guidelines and a treaty obligation of the U.S. under the U.S.-Canada Agreement for Cooperation.

2 EFFECTIVE DATE: (45 days from date of publication in the Federal Register).

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

SUPPLEMENTARY INFORMATION:

I. Background On March 17, 1993 (57 FR 14344), the NRC published in the Federal Register a proposed rule that would amend NRC's regulations in 10 CFR Part 110 pertaining to the export of nuclear material and equipment. The proposed amendments would revoke the current general licenses for bulk tritium and alpha-emitting radionuclides having an alpha half-life of 10 days or greater but less than 200 years to conform NRC's regulations to the export control guidelines of the Nuclear Suppliers Group (NSG) for nuclear-related, dual-use items contained in IAEA INFCIRC/254/Revision I/Part 2 and approved in 1992. 1 The alpha-emitting radionuclides subject to this rule are plutonium-236, plutonium-238, thorium-227, thorium-228, uranium-230, uranium-232, actinium-225, actinium-227, californium-248, californium-250, californium-252, curium-240, curium-241, curium-242, curium-243, curium-244, einsteinium-252, einsteinium-253, einsteinium-254, einsteini'um-255, fermium-257, gadolinium-148, mendelevium-258, polonium-208, polonium-209, polonium-210, and radium-223 1

Tritium and reactor produced alpha-emitting radionuclides are the two convnodities on the NSG dual-use list whose exports are regulated by the NRC.

The other items identified on this list, including alpha-emitting radionuclides produced with nuclear particle accelerators, are subject to Department of Commerce export controls, and are contained on a list referred to as the Nuclear Referral List.

3 (specified alpha-emitting radionuclides). Consistent with the NSG guidelines, new general licenses would be established to permit the export of the specified alpha-emitting radionuclides and dispersed tritium to countries which are members of the NSG dual-use guidelines and to permit the export of the specified alpha-emitting radionuclides to most other countries when in a device, or a source for use in a device, containing less than 100 millicuries (3.7 GBq) of alpha activity per device (10 CFR Part 71, Appendix A, provides

- specific activities in curies per gram).

The current general license for source material in§ 110.22(b} would be revised to reduce the annual limit of Canadian-origin natural uranium that can be exported to any single country from 1,000 kilograms to 500 kilograms to help assure U.S. compliance with provisions of the U.S.-Canada Agreement for Cooperation.

The current general licenses for transuranic isotopes americium-242m, californium-249, californium-251, curium-245, and curium-247 would be revoked to conform NRC's regulations to the International Atomic Energy List of the Coordinating Committee on Multilateral Export Controls (COCOM). Although COCOM was dissolved in March 1994, the NRC is placing specific licensing controls on these isotopes because the U.S. and other COCOM member countries agreed to retain export controls on the existing COCOM list of items. Steps are now being taken by former COCOM member countries to propose that the NSG control most, if not all, of the nuclear commodities on the COCOM list.

The proposed amendment to restructure Appendix A, which describes the nuclear reactor equipment subject to NRC licensing authority, will be addressed in a separate rulemaking proceeding.

II. Co111nents on the Proposed Rule

4 The Commission received six letters co11111enting on the proposed rule.

Copies of the letters are available fer public inspection and copying for a fee at the Convnission's Public Document Room, located at 2120 L Street, NW (Lower Level), Washington, DC. Five of the letters, two of which were from the same company, came from U.S. manufacturers that utilize sources containing the specified alpha-emitting radionuclides. These co11111enters strongly objected to the revocation of the general licenses for the specified alpha-s~itting radionuclides, particularly californium-252 (Cf-252). The commenters indicated that the specific licensing requirements could result in serious economic disadvantage to their export busi~ess.  : tis their ~i ew that specific licenses would be disruptive to their businesses and cause them to lose potential business because of the higher expenses of license application fees, the additional paperwork burden, time delays, and uncertainties in delivery. One commenter believed the current general license regulations in Part 40 provided sufficient documentation to identify the supplier, quantity exported, and end user/end use. Several commenters argued that the revisions were unnecessary and were without any benefit to the stated objective of nonproliferation of nuclear weapons.

In view of these adverse comments, the NRC asked the companies to provide specific sales data on their exports to better understand the implications of the new regulation. After reviewing the responses, the NRC continues to believe that the economic impact on these companies is not significant because of the steps we have taken to address their concerns .

First, the new general licenses permit the export of the specified alpha-emitters in quantities up to 100 millicuries to most countries, even when they are shipped separately from the equipment in which they are to be used. This

5 understanding, in itself, reduced much of their concerns. The final rule was revised to clarify this point. Other new general licenses permit the export of unlimited quantities (except as limited by existing general licenses) of the specified alpha-emitting radionuclides to NSG member countries. These new general licenses will allow the companies to export a significant quantity of their Cf-252 sources, including replenishment sources, without obtaining specific licenses. Also the companies are encouraged to apply for broad,

- long-term licenses to export their Cf-252 sources. These kinds of applications could include customers in a number of friendly, non-NSG countries and in sufficient quantities to cover replenishment sources for six years.

Several commenters questioned whether a source containing less than 100 millicuries (186 micrograms) of Cf-252, if shipped separately from the device in which it is to be used, could be exported under the proposed new general license. One commenter noted that in the NRC materials licensing regulations.

a "source" is not defined as a "device". As stated above, the NRC considers, for the purpose of Part 110, that the export of a Cf-252 source for use in a specified device qualifies for this general license. The new general licenses are revised to clarify this point.

One commenter requested that the effective date of the rule be delayed or that exports under contract be exempted by a "grandfather" clause to avoid possible forced Jefaults in currently existing contracts that are now subject to specific licensing controls. In response to this concern, the effective date of this rule is 45 days after publication. This should be sufficient time for exports that are "in process" to be accomplished without default.

The NRC did not consider a "grandfather" clause in the rule to cover committed

6 contracts. One connnenter has conrnitted contracts to deliver Cf-252 sources to the year 1997. The NRC believes these sources should not be excluded from the new regulation for more than another few weeks. The applicable export control guidelines were agreed to by the U.S. and other NSG member countries in 1992 and should be implemented by the NRC without an extended delay.

A commenter representing a major U.S. vendor stated that the proposed restructuring of Appendix A and the new language still did not clearly delineate which minor reactor components required NRC licenses and which fall within the jurisdiction of the Department of Convnerce. The convnenter believed that the proposed amendment could result in increased confusion for exporters .

In view of this convnent, the Convnission defers consideration of the revision of Appendix A to a future rulemaking.

The same convnenter was concerned that service tooling contaminated with residual byproduct, source, or special nuclear material may be subject to specific licensing controls under the proposed rule. It is not the intent of the NRC to place new controls on these types of nuclear materials in this rulemaking.

III. The Final Rule Under current NRC regulations, bulk tritium in quantities up to 100 curies, the specified alpha-emitting radionuclides in unlimited quantities, and transuranic isotopes americium-242m, californium-249, californium-251, and curium-245 in unlimited quantities can be exported to most countries under general licenses. The final rule amends the general license provisions in

§§ 110.21-110.23 for the export of special nuclear, source, and byproduct material to revoke the general licenses for these materials. Specific licensing controls are established on the above materials. Although some of

7 the specified alpha-emitting radionuclides inadvertently were not specifically identified in the proposed rule, they are included in the general license revocation implemented by this rule.

Argentina, Brazil, and Chile are removed from the list of restricted destinations in§ 110.29. Since publication of the proposed rule, Argentina and Brazil have ratified and begun implementation of the Argentina/Brazil/lAEA full-scope safeguards agreement and Chile has waived into force the Treaty of Tlatelolco.

Section 110.30 is a list of the other member countries of the NSG.

Exports of the specified alpha-emitting radionuclides in unlim~ted quantities (except as limited by the existing general licenses) and dispersed tritium in quantities up to 40 curies per device are permitted to NSG member countries under the new general licenses established for them. Subsequent to the publication of the proposed rule, Argentina has become a member of the NSG and is included in the list.

Three items covered in this final rule were not specifically identified in the proposed rule: (1) the general licenses in§ 110.23 for einsteinium-252

-253 -254 -255, fermium-257, gadolinium-148, and mendelevium-258 are revoked; (2) Argentina, Brazil, and Chile are removed from the restricted destination list in§ 110.29; and (3) Argentina is added to the NSG member list in

§ 110.30. Although the NRC did not publish these changes for comment in the proposed rule, the NRC is merely codifying international obligations of the United States. The NRC is proceeding to final rule because these changes involve a foreign affairs function of the United States. Therefore, solicitation of public comment is not required under the Administrative Procedure Act (5 U.S.C. § 553(a)(l)) and 10 CFR 110.132(e) and 110.134. Here

8 solicitation of public co111nents would delay U.S. conformance with its international obligations and therefore would not be in the public interest.

Environmental Impact: Categorical Exclusion The NRC has determined that this final rule is the type of action described as a categorical exclusion under 10 CFR 51.22(c)(l) and (c)(2).

Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.

Paperwork Reduction Act Statement This final rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).

These requirements were approved by the Office of Management and Budget, approval numbers 3150-0036 and 3150-0027.

The public reporting burden for this collection of information is estimated to average less than 3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br /> per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. SP.nd comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Information and Records Management Branch (T-6F33), U.S.

Nuclear Regulatory Commission, Washington, DC 20555, and to the Desk Officer, Office of Information and Regulatory Affairs, NEOB-10202, (3150-0036, 3150-0027), Office of Management and Budget, Washington, DC 20503.

9 Regulatory Analysis See the discussion in the Regulatory Flexibility Certification for the final regulatory analysis for this rule.

Regulatory Flexibility Certification As required by the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Commission certifies that this rule does not have a significant economic impact on a substant~~l number of small entities.

Based on the information available to the Commission at the time the proposed rule was published, the Commission previously certified that the proposed rule, if adopted in final form, would not have a significant economic impact on a substantial number of small entities. The information to support this was obtained from the Department of Energy's national laboratories and some industry sources. The Commission also invited any small entity that determined that it is likely to bear a disproportionate economic impact because of its size to notify the Commission.

The Commission received four comments on the proposed rule from U.S.

manufacturers that utilize radioactive sources containing Cf-252. Two of the companies qualify as small entities. Through their comments, the Commission became aware of the potentially detrimental economic impact that the revocation of the general licenses under which they were permitted to export Cf-252 would have. In view of these adverse comments, the NRC asked the companies to provide sales data on their exports to better reflect the implications of the new regulation. Based on a review of this summary data,

10 the N~C, in cooperation with the companies, found that the impact of the rule changes on future sales will be much less than they had feared.

First, new general licenses are established to permit the export of CF-252 sources in quantities up to 100 millicuries to most countries, even when they are shipped separately from the equipment in which they are to be used. This understanding, in itself, reduces much of their concerns. Further, other new general licenses are established to permit the export of unlimited quantities (except as limited by existing general licenses) of Cf-252 sources to NSG member countries. These new general licenses will allow the companies to export a significant quantity of their Cf-252 sources, including replenishment sources, without obtaining specific licenses. In addition, the companies may submit broad, long-term licenses to export their Cf-252 sources to their medical, scientific, industrial, and reactor-related customers in friendly, non-NSG countries, thereby eliminating case-by-case review . Such licenses could authorize exports of Cf-252 sources in sufficient quantities to cover startup sources and replenishment sources for Taiwan and South Korean power reactor s for a number of years. The anticipated value of the exports under such licenses would range from $260,000 to over $2 million. Other such licenses could authorize exports of Cf-252 sources and replenishment sources to medical, industrial, and scientific customers, with total export values under such licenses ranging from $100,000 to over $500,000. The current fee would be $1300 for each specific license application submitted. These steps will greatly reduce the financial burden of the license application fees and the additional paperwork. The processing of an export license application of this type normally takes less than 45 days for final action. The annual burden imposed by the rule is estimated to average less than 3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br /> for an

11 exporter for each specific application. The staff expects less than ten new applications a year as a result of this rule.

As an additional step to address the concerns of the exporters, the NRC consulted with the Department of Energy technical specialists to determine if any adjustments could be made to the proposed amendments for the specified alpha-emitting radionuclides, particularly Cf-252, to lessen the burden on U.S. exporters that export these materials to non-NSG member countries (exports to NSG countries would still be under general licenses). However, no acceptable adjustments were identified. We confirmed with U.S. nuclear weapons design experts that all of the specified alpha-emitting radionuclides, including Cf-252, could have some utility in nuclear explosive devices and that the 100 millicurie threshold for control was appropriate for the specified alpha-emitting radionuclides.

There are no alternatives for achieving the stated objective. This rule is necessary to conform NRC's export controls to the international export guidelines of the NSG. The United States and other NSG member countries have formally agreed to control these materials because of their utility in nuclear explosive weapons. Thus, the regulation is required to satisfy an interna-tional obligation of the United States. The foregoing discussion constitutes the regulatory flexibility analysis and the regulatory analysis for this final rule.

Backfit Analysis

12 The NRC has determined that a backfit analysis is not required for this final rule because these amendments do not include any provisions that would require backfits as defined in 10 CFR 50.109(a)(l).

List of Subjects in 10 CFR Part 110 Administrative practice and procedure, Classified information, Criminal penalties, Export, Import, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping 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.

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

13 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 ll0.50(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 110.80-110.113 also issued under 5 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 (42 U.S.C. 2151 et seq.).

2. In§ 110.2, a definition for Specific Activity is added to read as follows:

§ 110.2 Definitions.

Specific Activity (mill~curies per gram) equals 3.575 x 108 divided by (the atomic weight times the half life in years)

§§ 110.4 [Amended]

3. In 110.4, fir~t sentence, remove the words "Assistant Director for Exports, Security, and Safety Cooperation", and add in their place the words "Director for N~nproliferation, Exports, and Multilateral Relations".

§ 110.7 [Amended]

14

4. In§ 110.7, s~cond sentence, the reference tJ "§ 110.30", where it appears twice, is revised to read"§ 110.31" and the reference to"§ 110.31" is revised to read"§ 110.32".

§ 110.20 [Amended]

5. In§ 110.20, paragraph (a), the reference to "110.29" is revised to read "110.30" and the reference to "§§ 110.30-110.31" is revised to read

"§§ 110.31-110.32", and in the first sentence of paragraph (f), the phrase

"§§ 110.21 through 110.26, 110.28, and 110.29" is revised to read"§§ 110.21 through !10.26, 110.28, 110.29, and 110.30".

6. In§ 110.21, paragraphs (a)(3) and (b)(l) are revised and new paragraphs (a)(4) and (c) are added to read as follows:

§ 110.21 General license for the export of special nuclear material.

(a)* * *

(3) Special nuclear material, other than Pu-236 and Pu-238, in sensing components in instruments, if no more than 3 grams of enriched uranium or 0.1

• gram of Pu or U-233 are contained in each sensing component.

(4) Pu-236 and Pu-238 when contained in a device, or a source for use in a device, in quantities of less than 100 millicuries of alpha activity (189 micrograms Pu-236, 5.88 milligrams Pu-238) per device or source.

(b) * * *

(1) Special nuclear material, other than Pu-236 and Pu-238, in individual shipments of 0.001 effective kilograms or less (e.g., 1.0 gram of plutonium, U-233 or U-235, or 10 kilograms of 1 p:rcent enriched uranium), not to exceed 0.1 effective kilogram per year to any one country.

15 (c) A general license is issued to any person to export Pu-236 or Pu-238 to any country listed in§ 110.30 in individual shipments of 1 gram or less, not to exceed 100 grams per year to any one country.

7. In§ 110.22, paragraphs (a)(l), (2), (b), and (c) are revised and new paragraphs (a)(3) and (d) are added to read as follows:

9 § 110.22 General license for the export of source material.

(a)* * *

(1) Uranium or thorium, othe~ than U-230, U-232, Th-227, and Th-228, in any substance in concentrations of less than 0.05 percent by weight.

(2) Thorium, other than Th-227 and Th-228, in incandescent gas mantles or in alloys in concentrations of 5 percent or less.

(3) Th-227, Th-228, U-230, and U-232 when contained in a device, or a source for use in a device, in quantities of less than 100 millicuries of alpha activity (3.12 micrograms Th-227, 122 micrograms Th-228, 3.7 micrograms U-230, 4.7 milligrams U-232) per device or source.

(b) A general license is issued to any person to export uranium or thorium, other than U-230, U-232, Th-227, or Th-228, in individual shipments of 10 kilograms or less to any country not listed in§ 110.28 or§ 110.29, not to exceed 1,000 kilograms per year to any one country or 500 kilograms per year to any one country when the uranium or thorium is of Canadian origin.

(c) A general license is issued to any person to export uranium or thorium, other than U-230, U-232, Th-227, or Th-228, in individual shipments of 1 kilogram or less to any country listed in§ 110.29, not to exceed 100 kilograms per year to any one country.

16 (d) A general license is issued to any person to export U-230, U-232, Th-227, or Th-228 in individual shipments of 10 kilograms or less to any country listed in§ 110.30, not to exceed 1,000 kilograms per year to any one country or 500 kilograms per year to any one country when the uranium or thorium is of Canadian origin.

8. Section 110.23 is revised to read as follows:

§ 110.23 General license for the export of byproduct material.

(a) A general license is issued to any person to export the following to any country not listed in§ 110.28:

(1) All byproduct material (see Appendix F to this part), except actinium-225, actinium-227, americium-241, americium-242m, californium-248, californium-249, californium-250, californium-251, californium-252, curium-240, curium-241, curium-242, curium-243, curium-244, curium-245, curium-246, curium-247, einsteinium-252, einsteinium-253, einsteinium-254, einsteinium-255, fermium-257, gadolinium-148, mendelevium-258, neptunium-237, polonium-208, polonium-209, polonium-210, radium-223, and tritium unless authorized in paragraphs (a)(2) through {a){6), {b), or {c) of this section.

(2) Actinium-225, _actinium-227, californium-248, californium-250, californium-252, curium-240, curium-241, curium-242, curium-243, curium-244, einsteinium-252, einsteinium-253, einsteinium-254, einsteinium-255, fermium-257, gadolinium-148, mendelevium-258, polonium-208, polonium-209, polonium-210, and radium-223 when contained in a device, or a source for use in a device, in quantities of less than 100 millicuries of alpha activity {see

§ 110.2 for specific activity) per device or source, except that exports of

17 polonium-210 when contained in static eliminators may not exceed 100 curies (22 grams) per individual shipment.

(3) Americium-241, except that exports exceeding one curie (308 milligrams) per shipment or 100 curies (30.8 grams) per year to any country listed in§ 110.29 must be contained in industrial process control equipment or petroleum exploration equipment in quantities not to exceed 20 curies (6.16 grams) per device or 200 curies (61.6 grams) per year to any one country.

(4) Neptunium-237 in individual shipments of less than 1 gram, not to exceed 10 grams per year to any one country .

(5) Tritium in ?ny dispersed form (e.g., luminescent light sources and paint, accelerator targets, calibration standards, labeled compounds) in quantities of 10 curies (1.03 milligrams) or less per item, not to exceed 1,000 curies (103 milligrams) per shipment or 10,000 curies (1.03 grams) per year to any one country. This general license does not authorize exports for tritium recovery or recycle purposes .

(6) Tritium in luminescent safety devices installed in aircraft when in quantities of 40 curies (4.12 milligrams) or less per light source.

(b) A general license is issued to any person to export to the countries listed in§ 110.30 tritium in any dispersed form (e.g., luminescent light sources and paint, accelerator targets, calibration standards, labeled compounds) in quantities of 40 curies (4.12 milligrams) or less per item, not to exceed 1,000 curies (103 milligrams) per shipment or 10,000 curies (1.03 grams) per year to any one country. This general license does not authorize exports for tritium recovery or recycle purposes.

18

{c) A general license is issued to any person to export to the countries listed in§ 110.30 actinium-225, actinium-227, californium-248, californium-250, californium-252, curium-240, curium-241, curium-242, curium-243, curium-244, einsteinium-252, einsteinium-253, einsteinium-254, einsteinium-255, fermium-257, gadolinium-148, mendelevium-258, polonium-208, polonium-209, polonium-210, and radium-223, except that polonium-210 when contained in static eliminators must not exceed 100 curies {22 grams) per individual shipment.

§ 110.29 [Amended]

9. In§ 110.29 remove footnote 1 and the countries of "Argentina",

"Brazil", and "Chile".

§§ 110.30 and 110.31 [Redesignated]

10. Sections 110.30 and 110.31 are redesignated as§ 110.31 and

§ 110.32.

11. A new§ 110.30 is added to read as follows:

§ 110.30 Members of the Nuclear Suppliers Group.

Argentina Italy Australia Japan Austria Luxembourg Belgium Netherlands Bulgaria Norway Canada Poland Czech Republic Portugal Denmark Romania Finland Russia France Slovak Republic Germany Spain Greece Sweden Hungary Switzerland Ireland United Kingdom

19

§110.31 [Amended]

12. In§ 110 . 31, paragraph (a), remove the words "Assistant Director for Exports, Security, and Safety Cooperation", and add in their place the words "Director for Nonproliferation, Exports, and Multilateral Relations",

paragraph {d), the reference to"§ 110.31" is revised to read"§ 110.32".

13. In§ 110.43, paragraph {a) is revised to read as follows:

§ 110.43 Physical security standards.

(a) Phj*~ical security measures in recipient countries must provide protection at least comparable to the recommendations in the current version of IAEA publication INFCIRC/ 225/ Rev.2, December 1989, "The Physical Protection of Nuclear Material," and is incorporated by reference in this part. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C . 552(a) and 1 CFR part 51. Notice of anv changes made to the material incorporated by reference will be published in 4t the Federal Register . Cop i es of INFCIRC/225/Rev.2 may be obtained from the Director for Nonproliferation, Exports, and Multilateral Relations, Office of International Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and are available for inspection at the NRC library, 11545 Rockville Pike, Rockville, Maryland 20852-2738. A copy is on file at the library of the Office of the Federal Register, 800 N. Capitol Street, NW, suite 700, Washington, DC 20001.

§ 110.50 [Amended]

14. In§ 110.50, paragraph {b){3), sentences one, two, and three, remove the words "Assistant Director for Exports, Security, and Safety

20 Cooperation", and add in their place the words "Director for Nonproliferation, Exports, and Multilateral Re13tion ~".

Appendix F [Amended]

15. Appendix F to Part 110 is amended to add, in alphabetical order, curium-240, curium-241, einsteinium-252, einsteinium-253, einsteinium-254, einsteinium-255, fermium-257, gadolinium-148, and mendelevium-148.

I _/ .

Du ied in Rockville, Maryland, this - - - - - aay of ....k/,~ ,;ri.: , 1994 .

/

For the Nuclear Regulatory Commission .

John v(:H

///'/-./.,

oyle~ 7 1

/

Actµ(g Secretary of the Commission .

'I ,

05-21-93 09:53AM TO 913015042395 POOl/002 TELECOPY 1619) 4Sl*tlSO

• 93 OCT 28 l ff ~1 1~11912 "93 NAY 21 P1 :20

• F *' EXP GK -; WiP f '.

fJL hi. l

• t

! ~

IHT'L SAFEGU.l\f~C May 21 , 1993 U.S. Nuclear Regulatory Commission Attn: Ms. E1ain Hemby Office of International ProgiaDJ:.

Ref: Proposed amendment to lOCFlUlO (RIN 31SO-AE31) as published in the Fedet2l Register Volume S8, No. SO March 17, 1993

Dear Ms. Hemby:

The proposed changes to 10CFRll0 could be very damaging to economic health of GAMMA-METRICS and potentially cause shipment Califomium-252 source., in a manner less saf'o then currently employed.

Tbe Analytical Instrumentation side of GAMMA-MEilUCS produces on-line and laboratory instruments for the coal, cement. phosphate, bauxite, and other mining and buJk material industries. These instruments perform elemental analysis using Prompt Gamma Neuaon Activation Analysis (PGNAA). The principal of PGNAA is that each element found in the maierial responds differently t.o a neutron bombardment and emits a unique set of pmma nys energies. GAMMA-METRICS insttuments use a source of radioactive califomium-252 to pn,dUce neutrons and tbe resultant spea:rum, which is then dcc:omposed into its elemental. parts.

The per instzument califomium-252 requirement varies from 40 to 170 micrograms (21 to 91 mCi). The proposed changes would exempt quantities less than 100 mCi if they arc contained within the device. However, for safety and tnnsp011ation :reuons the califomium sources are not usually shipped within the GAMMA-METRICS device. Cummt1y all sources are shipped sepamtely in DOT approved shipping containers. 'Ibis ia usually Rquircd by tn.Dsportation laws and is the safest way to ship radioactive somces. The p.ropoaed 100 .mCi exclusion would not help GAMMA-MBTRICS and may not help other companies citbcr.

MAY 1 0 19941 --

Acknowledged by card**--...........

' l' lti,S. ~:ur1. 1: * ,.:** ; . ;;_(; , 1.nmlY COM:.~iJSIOl'-t ov:.'!~~1 :., ~~~ ~1 ~:t:r,'/ CE St":CT!ON Or i* 1::,,: o:= Ti:C. C-[O\t.:TA!iY OF rnE cow.:\il5S!0N

05-21-93 09:53AM FROM GAMMA-METRICS TO 913015042395 P002/002 Due to the short half life of Californium, GAMMA-METRICS instruments must have sources added every 2 yean to continue operation at acceptable levels. This would require specific licenses to be acquired and cause unnecessary extra paperwork and potentially delay customer use of our instruments. The alternative would be for the customers to purchase the sources from another supplier outside of the United States. We currently have instruments in Mexico, Brazil, Colombia, Korea, India, Israel. Turkey, Indonesia, Senegal, Saudi Arabia, Venezuela., Taiwan, and Thailand. These instruments cost from $300,000 to $800,000 each and are very necessary to the survival of GAMMA-)WTRICS and provide dgnificant money to the US balance of payments. We expect to make $4,000,000 in sales to these countries witbjn the next 9 months.

Any delays in obtaining nuclear sources could delay future sales and possibly eliminate sales when fast deliveries are required. Californium-252 is not known to be of \l&e in the production of nuclear weapons, but is the best source of neutrons for PGNAA instruments. We request that you remove Califomium-2S2 (special fonn type) from the list of materials requiring specific export licenses.

Sincerely,

~o+-ett /<(I~

Robert Klatt Alternate Radiation Safety Officer for Analytical Product line

j 2032855203 ABB CE t-l.JCLEAR PCJ.JER DOCKET u.*l -702 P-002/003 MAY 21 '93 13:19

.PROPOSED RULE PR t} t)

(Fr FP- /'--/3'-/'--/ _,,. r.i. LL' All ASEA BROWN BOVERI

• U'.:> Nf C Kay 21, 1gg3

• 93 OCT 28 P7 :43 LD-93-081 Ms. Elaine Hemby .

Office of riiternational PrograJla u.s. Nuc1ear Regulatory COJIDliaaion Washington, D.C. 20555

Subject:

10CPR110, "Elq,ort and Import of Nuclear Equipment and, Material,* Federal Regietar, Vol. 58 No. 50, 3/17/93, pgs 14344 - , 14348 oaar Ms. Hemby:

ABB-CE has just l:>ecom.e a;,.re of changes proposed to 10CFR110. The proposed amendJDent to 1~CFIU10 concerninq apacitic licenses for export of *pecial nuclear aaterial, source material, and byp.roduct

material, has been proposed as a further check on the proliferation ot nuclear weapons sourced from nuclear-related dual-use commodities.

ABB-CE is concerned that such changes may:

. disadvantage certain small us bUsinesses tbat are part of the fragile nuclear pawer-infrastructure by requirinq specific export 1icensea, *

. disrupt existing tra4e by 1-posing specific rather than general licenses, and ,

• create contusion and* extra expense

• for import/ export companies and control agencies when attempting to implement the amended rulings.

Pacific rim countries, specifically Korea and Taiwan, are areas where dava1oping energy need* eupport the installation of nuclear power electrical generating faciliti*** Permitting the export of nuclear power plant equipment to* these countries remains consistent with existing 10CFR110. 2 6 specj.f ic licensing requirements. Theretore, the support o~ these power . production facilities through export of ancil1ary devices that not possess characteristics amenable to .

proliferation, such as ~li~ornium-252, should not be bU.rdened with additional expensive export-specific licensing requirements."

Existing general export regulationa have provided sufficient documentation to identify the suppliers of such uteriala, the quantity of such materials and their recipients, the material destination, and its actual usage. ABB-CE believes that equipment containing very I.ow quantities of special nuclear, source, and ABB Combustion Engineering Nuclear Power Combllldon Engineering, lno. 1000 Proapect HIii Road Telephona (203) ee&-1911

. Po9I Ollice Box 500 Fu (203) 285-8512 Windeor, Connlccfcut 06095-0500 Ttlelt 99297 COMBEN WSOR

• - MAY101~

Acknowledged by card ....___,.,t'"""""'*

.l;is,. N1..* ** ~~ .. * .. _. *. ~.-Ji . {,.Tci:l\' c":.1*1 1~:s:o,,

I.Yi:.:, . . , .* .* ::~.'! ! ~-'= ~.-: *:* r:oN

(;;, * .";E ** * .: 1:~ ~ ~ :*-:E. f hRY or* 1~r.. ,; *,/:d;ss:o:~

2032855203 ABB CE 1-1.JCLEAR PCltER F-263 T-702 P-003/003 r-,:iy 21'9313:19 Ms. Elaine Haaby LD-93-081 May 21, 1993 Page 2 byproduct materials useable excluaivaly tor monitoring power plant operation, for inatruaentation and coqtrol equiPJl&nt inatalled in such plants, for cora aourc** and neutronic monitoring, for trace and contaminant 111aterial *onitoring, ancl for health physics racliological uaaga, should ~ontinua to ba under th* control of a general nc .

export/import licenaa.

Thank you tor conaidering th-* late comaenta.

Very truly youra,

C. B. Brinkman

Acting Director Nuclear system* Licensing vap/lw

- (41S) 967-059S - Created: Friday, May 21 , 1993 3: 18 AM - Page 1 of 2

-~-~--------------------------------------------------------------------------------------

DOCKET NUMBER nn PROPOSED RULE ~al t0--..,

CS-8'r R. l'13 44) 7 G)

May 20, 1993 *93 OCT 28 P7 :49 From:

National Nuclear Corporation t",f;,.:i: t >- t f.._t I 1275 Hammerwood Avenue DOC!\[ T,N  : '* ' I '1:.f

i\ !.N i(

Sunnyvale, CA 94089 Phone (408)745-6650 Fax (408)745-6775 To:

Office of International Programs Nuclear Regulatory Commission Washington, DC 20555 Phone (301 )504-2341 Fax (301 )504-2395

- For the attention of: Ms. Elaine 0. Hemby

Subject:

Comments on Proposed Rules Change to 10 CFR Part 110 (RIN 3150-AE31)

Sir, National Nuclear Corporation is a manufacturer of radiation detection monitors, special nuclear material assay equipment and nuclear safeguards instruments. Although we are a small company with less than 50 employees, our customers are located worldwide. Our export sales constitute approximately 35 o/o of the annual revenue and its share is steadily increasing. In our judgement, the proposed rules change to 1o CFR Part 11 O (RN 3150-AE31) can significantly affect our export business, and therefore we would like to request that NRC's considerations be given to exclude Califomium-252 from the isotopes which would require a specific license to export to non-Member States of the Nuclear Suppliers Group.

The majority of our export revenue comes from the sale of nuclear fuel rod scanners and Cslifornium-252 sources to foreign customers. The fuel rod scanner utilizes a large (500 mCi to 1000 mCi) Cslifornium-252 source to cause a small amount of nuclear fission inside the commercial nuclear fuel rods. Delayed gamma rays and neutrons emitted by the resultant fission products are then counted with radiation detectors built in the fuel rod scanner. The amount a delayed gamma rays and neutrons is proportional to actual enrichment of the Uranium or Plutonium material in fuel rods. Fuel rod scanners are used by the world's commercial nuclear fuel manufacturers to verify the total amount and distribution of fissile material in the finished fuel rods before they are shipped to nuclear reactor site for loading. Therefore the accuracy of the measurements performed by the fuel rod scanner is critical to the safety of the operation of commercial nuclear reactors. As far as we know, the fuel rod scanner based on the principle c:J induced nuclear fission with a large Cslifornium-252 neutron source is the most sensitive instrument available for the non-destructive inspection of nuclear fuel rods. We deliver each new fuel rod scanner to the customer with a Californium-252 source. We also frequently sell replenishment Califomium-252 sources to the existing customers of our fuel rod scanners.

At present, all of our existing customers for fuel rod scanners and Californium-252 sources are In the Member States of the Nuclear Suppliers Group with one exception, which is Korea. We recently delivered a large (over 800 mCi) Cslifornium-252 to Korea as a replenishment neutron source for a fuel rod scanner there. With a steady increase of investment in commercial nuclear energy industry in non-Member States, we expect to have more business for fuel rod scanner coming from those States in the near future. For example, we are already starting discussions with a Chinese customer and a customer in the former Soviet Union (not Russian) on the sale of a fuel rod scanner.

It seems to us that a part of the proposed rules change to 10 CFR Part 11 O (RN 3150-AE31) would adversely affect the business of US exporters of Californium-252 sources and instruments that utilizes MAY 1 0 1994, Acknowledaed bv card ......,,,,,,,,,,,,.ee,....wwv

tJ . S. r*lt( * :.-* *: .* **. ~: "- **~r,:~'.' r" (',i: S3i011 D*~ ;*_:**;:  :*:~* .1  :-:~_ 1,:*:\..1N er;=-***: :-* 1;, .. :..i:r .::";1_;ft{

Ci* *: ,;: c. . . *~ :-, .

.:s:~JN

- (41S) 961-059S - Created: Friday, May 21, 1993 3:18 AM - Pagel of2

-, *~--------------------------------------------------------------------------------------

4 Californium-252 source(s) such as our fuel rod scanner, without any benefits to the stated objective of non-proliferation of nuclear weapons. The followings are our specific concerns and comments:

1) Objection to the Philosophy We are not aware at all that Califomium-252 can contribute in any way to the proliferation of nuclear weapons. Therefore it should not be considered an item requiring a specific license.

2) Longer Order to Delivery Time Scale Applying for and obtaining a license requires a longer lead time to delivery of Califomium-252 sources. We could lose potential business.

3) Higher Expense NAC charges $ 4,000 per license application and the fees are reviewed and usually increased each year.

For us to make a profit from the sale of C&lifornium-252 sources, we have to pass the licensing cost to our customers. The customers have already paid a large sum of money for fuel rod scanners. Since the fuel rod scanner works to help increase the reactor safety, the customer's acquisition and continued use of this type of instruments should be encouraged especially in the non-Member States of the Nuclear Suppliers Group, where the reactor safety may be in question and the customer may be more sensitive to the price.

4) Increased Paperwork Applying for a license merely creates more paperwork for no particular benefit It is counter to the Federal paperwork reduction act.

We would appreciate your attention to the above concerns and comments. If you require further explanations or background information on the issues we have raised, please contact us any time. Thank you for providing this opportunity to comment.

Sincerely, Kinichi Kusumoto Vice President

DOCKET NUMBER rmn ~ ..* **,

PROPOSED RULE If'~! LtY:J***-, ....

( S 8-F-Yl 143 '!'-/)

DOCKETED TELECOPY (619) 452-9250 USNRC TELEX 5101011912 5768 PACIFIC CENTER BLVD.

SAN DIEGO, CA 92121 (619) 450-9811

• 93 OCT 28 P7 :~3 "93 MAY 21 All :29 EX POf, T i ~

• INT'L SAFEG UARD _

May 20, 1993

u. s. Nuclear Regulatory Commission 11555 Rockville Pike Tel: 301 504-2341 Rockville, MD 20852 Fax: 301 504-2395 Attn: Ms. Elaine o. Hemby Office of International Programs Ref: Proposed Amendment to 10CFRll0 (RIN 3150-AE31) as published in the Federal Register Vol 58, No. 50 Dear Ms. Hemby.

GAMMA-METRICS is a California Corporation located in San Diego, CA.

Our primary business is in the manufacture of two product lines, neutron flux monitoring instrumentation and Bulk Materials Elemental Analyzers. The neutron flux monitoring instrumentation for reactor power monitoring is sold world-wide and primarily utilizes high sensitivity fission chambers as part of the source range and wide range monitoring systems. The Bulk Materials Elemental Analyzers contain Californium-252 neutron sources to perform activation analysis of bulk materials. GAMMA-METRICS operates under a license from the State of California, No. 3775-80.

The high sens i tivity fission chambers which we use in our neutron flux monitoring system contain 3.56 gms. of enriched uranium-235.

Under 110.42, the regulations continue to allow a general license for sensing components in instruments containing no more than 3 gms. of enriched Uranium-235 in each sensing element. This requires GAMMA-METRICS to obtain an export license for each system which is sold to a foreign customer. Our estimate for the cost associated with this exercise is that it adds an extra $8000 to the price of each system sold to a foreign customer. The added time required to obtain an export license has taken from 4 weeks to 6 months from the date of submittal. In some instances, this has had a significant negative impact on future sales to a customer, based upon past performance and delays. These additional burdens have greatly hampered our ability to compete with foreign suppliers of neutron flux monitoring instrumentation.

The bulk materials analyzers manufactured by GAMMA-METRICS contain from 60 micrograms (33 millicuries) to 200 micrograms (108 millicuries) of Californium-252. However, because of the size and difficulties in shipping and installation of these large pieces of

'MAY 1 o 1994 Acknowledged by cardNIM""IIIIUIUUlllllU11,a . . . .

o~:~~ .,. ,**;, -. : . *F~v:c~ SEC~()N

(. ;  ;:, *.:,  :-: s:::c~ETAfff

instrumentation, sources have generally been shipped separately in appropriate DOT or IATA approved shipping containers. These source shipments of Californium-252 generally do not take place at the same time as the shipment of the analyzer, and are actually delayed from two to four months to allow for physical installation of the analyzer into a monitoring system in a coal plant or cement plant.

Since the sources are shipped separately, the general license for export of byproduct material under 10CFRll0.23, apparently would not apply.

Californium-252 has a half-life of approximately 2.6 years, and installed sources have to be changed or replenished at least every three years. New sources for an existing installation in a foreign country would require GAMMA-METRICS to obtain an export license for each shipment.

The additional expense for obtaining licenses for the sources for our products is estimated to cost us an additional $4000 to $7000 per analyzer, as well a s the additional cost associated with export licenses for additional sources every three years. The added time estimated to obtain an export license for these sources is from 4 weeks to 6 months from the date of submittal. In some instances ,

this will have a significant negative impact on potential sales to a customer, based upon anticipated delays. At present, there is a significant competition from a foreign supplier of bulk materials elemental analyzers. These additional burdens will greatly hamper our ability to compete with foreign suppliers, because of the additional costs and delays which will be attached to this product.

The Regulatory Analysis provided by the Nuclear Regulatory Commission, as stated in the Federal Register, states that the amended rule would have a minimum impact on affected exporters.

The NRC further states that it is not aware of any appreciable US export traffic in alpha-emitting radionuclides that would not be covered by the proposed general license. GAMMA-METRICS produces systems costing from $300,000 to $700,000 each and presently exports approximately $10, ooo, ooo annually. GAMMA-METRICS believes that the proposed rule, as stated, would add a substantial burden on our ability to export our devices to foreign countries: it will have direct cost in export license fees, time, and manpower to file, track, and follow the course of all appropriate paperwork and required forms and obtaining the export license, and it will have a significant indirect cost associated with the delays and added expense involved in export of any additional sources to service an existing device, once installed. The burden associated with these additional regulations will directly impact our ability to compete on large contracts with foreign countries, simply because of the additional time delays in installation and servicing.

Since there are no known uses for Californium-252 or any decay products in nuclear weapons production, and the fact that Californium-252 must be considered as a unique material because of the spontaneous fission and neutron emission properties, the arbitrary inclusion of Californium-252 with all other alpha

emitters will serve no real purpose in curtailing nuclear proliferation.

We request that your proposed amendment to 10CFRll0 be modified to remove Californium-252, at least in the form of sealed Special Form sources, from the list of materials requiring specific export licenses.

We apologize that, because of the short time available for comment, that our statements of concern are brief and that our explanations are incomplete. Our concerns, however, are real and we believe this proposed amendment to 10CFRll0 will have significant impact on our ability to compete with our Bulk Materials Elemental Analyzers in the world markets available to us. We will be pleased to answer ant and all questions you may have to the best of our ability, and to provide any additional information which you request.

Sincerely, Ernesto A. Corte James F. Miller President Corporate Scientist Attachments:

<i) Letter from GAMMA-METRICS to NRC of August 31, 1989

© Product Information Neutron Flux Monitoring Instrumentation

@ Product Information Bulk Materials Elemental Analyzer

z: (T'l

~ >< ~

'°"

u, O l>  ::::0 $

C ::::o r./) rr, c-,

-,,-1

!"Tl N

rn --,

C">

c: -*

~--

J c;* -

a N

\0

A #o.dJ. I

( 'HJ ~/40/93 I!. "

~-~

.Q * ~~"-"

qN~ AMMA-METRICS 5788 PACIFIC CENTER BLVD.

SAN 0IECO. CA 9?n1

(& 191 ~50-9811 rcuco~* ,.,, ....n~-*Hs,,

r£L!\ ;:1,1IUII"' !

August 31, 1989 Mr. Marvin R. Peterson Assistant Director for International Security United States Nuclear Regulatory Commission Washington, DC 20555 RE: Proposed Changes to 10CFR110.2l(a) (3), Licensing of Special Nuclear Material for Export

Dear Mr. Peterson:

The purpose of this letter is to propose changes in the Code of Federal Regulations, Title 10, Part 110, regarding the licensing of Special Nuclear Material (SNM).

BACKGROUND 10CFR110.2l(a) (3) permits, under a general license, export of SNM in sensing components in instruments, provided no more than 3 grams of enriched uranium or 0.1 gram of plutonium or U-233 are contained in each sensing component. The intent of this section appears to be to limit the burden of issuing specific licenses for these devices while at the same ti.me protecting the common defense and security, limiting risk to the public health and safety, and guarding against proliferation. Sensing devices that commonly meet the criteria of 10CFR110.2l(a)(J) include fission chambers, used for detecting neutrons.

DISCUSSION Most fission chambers used in test, research, and training reactors use small amounts of enriched uranium, well below the J-gram limit in 10CFRll0.2l(a)(J). In-core neutron flux detec-tors in boiling water power reactors (BWRs) also use small amounts of enriched uranium. Until the early 1980s, fission chambers were not commonly used for ex-core neutron flux detec-tors in pressurized water power reactors (PWRs), except for those manufactured by Combustion Engineering (C-E). The fission chambers in the C-E PWRs typically contained less enriched ura-

Mr. Marvin R. Peterson August 31, 1989 Page 2

. nium than the limit in 10CFR110.2l(a) (3). These fission chambers were used to monitor neutron flux throughout the top ten decades of reactor power. Other types of detectors (typically B10 or BF3 proportional counters) were used to monitor neutron flux in the source range.

In 1980 GAMMA-METRICS developed a neutron flux monitoring system that used fission chambers exclusively to cover the entire range of reactor power, including the source range. To achieve the necessary detector sensitivity, the system was designed with an amount of enriched uranium between 3 and 4 grams per sealed fission chamber.

The system was environmentally qualified for post-accident monitoring (per NRC Regulatory Guide 1.97). Since 1981 the system has been installed in over 55 PWRs in the United States ,

and the system has also been shipped to and is awaiting installa-tion in several other PWRs. A similar ex-core system has also been installed in some BWRs in the United States. The system has also been used to replace original equipment in several of these plants. Most of the neutron flux monitoring systems installed in the United States since 1981 have included fission chambers with more than 3 grams of enriched uranium.

Recently, nuclear power plants in foreign countries have begun to replace original neutron flux monitoring systems and/or meet the post-accident monitoring requirements of NRC Regulatory Guide 1.97. These plants expect to install fission chambers from the United States or elsewhere. Without a change in the regulation, the NRC and United States manufacturers will be faced with a considerable task of licensing the detectors for export.

REQUEST In view of the above, we request that 10CFR110.2l(a)(3) be revised to allow up to (and including) 4 grams of enriched uranium to be contained in each sensing component. This change will eliminate the burden of issuing specific licenses for these devices. In addition, the amount of SNM exportable in this form under a general license will remain small, thus continuing to protect the common defense and security, to limit risk to the public health and safety, and to guard against proliferation of nuclear weapons.

... (

Mr. Marvin R. Peterson August 31, 1989 Page 3 Thank you for your consideration. Should you need additional information, please do not hesitate to contact me.

Sincerely,

{-hGzk H. Gordon Shugars Manager, Power Reactor Instrumentation CONCUR:

Jams F. Miller Ra i ati on Safety Officer CONCUR: ~~' ~

Clinton L. L i n g r ~ - - - - -

Vice President, Reactor Instrumentation

..,,.: ,.- ii*

~*"""

'i

--~ ... *.

K

.~ ]_~~~:;

"'" .-. ..,.f....

-~tTI

~ ~ -, ' .._',J..***,,;!.~.

~ ~ .....

It i~ time to upgrade when equipment

• Each of the four channels includes: RCS-1000 Reliability obsolescence and safety concerns - Logarithmic signal range from Simple, modular design and selection of demand excessive time to maintain the neutron source level to full reactor quality components along with proper reliability and qualification of your power with highly reliable, long life de-rating defines RCS-1000 reliability.

reactor instrumentation. Upgrade your fission chambers All components, from the detectors to Nuclear Instrumentation System now - Start-up rate of change and the outputs, are selected for extended to the new technologies of the latest associated safety trips signal operation. GAMMA-METRICS' proven generation neutron flux monitoring design and quality assurance program system, the GAMMA-METRICS - Linear power range measurement of upper and lower flux levels and flux guarantee a premium product which will RCS-1000. Since 1981, GAMMA- retain its 40-year qualified life with METRICS has installed the majority deviation calculations minimal maintenance.

of neutron flux monitoring systems in Every part of the RCS-1000 System, from Pressurized Water Reactors throughout GAMMA-METRICS' proven technology the detector to the coincidentor meets in neutron flux measurement elimi-the United States. GAMMA-METRICS' high standards nates the use of noisy and failure prone for Reliability, Maintainability and RCS-1000 FEATURES Survivability.

BF3 and boron lined detectors. Long life

• 4 channels with full separation and fission chambers are used exclusively.

isolation Your entire Nuclear Instrumentation RCS-1000 Maintainability

• Fission chamber detectors used for Syst~m can be replaced by the RCS-1000 System design is based on failure mode for about the cost of two outage days.

long life, low maintenance and and maintainability analyses. Built-in minimized man rem exposure By installing the RCS-1000 Reactor test circuits reduce maintenance time Instrumentation System, peace of mind and eliminate maintenance difficulties.

• High noise immunity provides is achieved from higher reliability, lower optimum performance Reducing the required maintenance also maintenance costs, better accuracy and extends equipment lifetime by avoiding

• Compact design significantly reduces satisfying all pertinent regulatory guides. induced failures. Because all electronics space required Post-accident monitoring and 10CFRSO, are located outside of reactor containment,

• No high voltage in the control room Appendix R channels are included as an maintenance and repairs can be accom-eliminates electrical safety hazards integral part of the RCS-1000 system. plished while the reactor is operating.

• No special coaxial cables in the control room to cause spurious failures

• LOCA and Seismic Qualification per IEEE 323/IEEE 344

• Field proven neutron flux monitoring technology with over 60 reactor installations

• Fewer components ensures higher reliability, simplified installation and reduced maintenance a PROTECT YOUR INVESTMENT FOR APPROXIMATELY

• THE COST OF TWO OUTAGE DAYS DETECTOR TO AMPLIFIER The detector provides excellent sensi-tivity to monitor the neutron source .

range, is rugged enough to operate through a design basis event and has the wide range capabilities needed to monitor up to 200% reactor power.

The junction box and cable protect the ,

detector signal from electro-magnetic -:

interference and design basis enviro..n,::_..:;.,_

mental conditions. The amplifier.can :.r be located up to 300 meters from the ,.

detector for efficient instal_latiQn. -*. ~-,..;__

-:>:' J: ~-.. :.1;/--:::

~ ... -.-.c.w...._.~.~_.u~ ~ --

AUDIBLE

- COUNT RATE POWER RANGE t--i===~::::::::  : : *===t----

=:~ DEVIATION I *~ .;:..- ..JF.: .......

1 - .. ~

~.. - ,4 t'  : * *** _..

/:t- .., :*,

CUSTOM PANEL L ~ t : : . : f~ ~ ~ ~~ tr - -c~ustom assemblies such as a Rod Disconnect Panel Diagram illustrates one of can be designed and the multi-detector channels. installed in the RCS-1000 instrumentation rack.

SHUTDOWN MARGIN WIDE RANGE POWER RANGE MONITOR ISOLATOR MONITOR MONITOR Measures the neutron count- Isolation of class 1-E signals is Replaces both the Source Provides an absolute mea-rate. The Shutdown Margin provided in the Power Range Range and Intermediate surement of the neutron llux Monitor provides an alarm Monitor, the Wide Range Range channels of older sys- at the upper/lower fission that identifies a statistically Monitor and in a separate tems. The Source Range sig- chambers and allows the re-significant increase in the isolator chassis. Isolated out- nal covers a range of 10- 1 to actor operator to easily ad-countrate that would indicate puts are separated according 10* ' counts per second. The just the average to indicate a loss of reactor shutdown to their class 1-E or non-class Wide Range signal covers a 100% reactor thermal power.

margin. The alarm set point 1-E designation. range of ten decades, 10- 11 to Simplicity in display of in*

is a fixed ratio of the min* 200% reactor power. Two as- formation, and the proper imum countrate as the sociated start-up rate signals arrangement of test and cali-countrate changes. It assists are provided in units of brate functions optimizes o~

operators with reactor start- D.P.M. (other units of mea- erator efficiency. Axial offset up by calculating normalized sure available). is also provided.

inverse countrate (1/M).

t f

,:~-I

• t' I*:.:* .

SPECIFICATIONS SERVICE CONDITIONS CONTROL BOARD ASSEMBLY Normal ~ating Conditions Dimensions Weight Electronic (HxWxD)

Assemblies 0 to 60°C, 10% to 95% RH Bare Rack .......... 89" x 71" x 30" ........ .600 lbs Detector 0 to 150°C, 10% to 95% RH 226 cm x 180 cm x 76cm 272 kg Completed Rack ... .89" x 71" x 30" ......... 1,250 lbs POWER REQUIREMENTS 226 cm x 180 cm x 76 cm 567 kg Local power sources equivalent to WR Signal Proc . .... .7' x 19" x 22" ......... .40 lbs 117 VAC ::!:: 10%, 60 Hz, lA/unit 18 cm x 48 cm x 56 cm 18 kg 220 VAC ::!:: 10%, 50 Hz, O.SA/unit PR Signal Proc ... . ... 9" x 19" x 20" ... . ..... .35 lbs 23 cm x 48 cm x 51 cm 16 kg MECHANICAL Isolator Drawer . . . . .7' x 19" x 22" ... ... ... .30 lbs 18 cm x 48 cm x 56 cm 14 kg DETECTOR

• Audible countrate .. .7' x 19" x 12".......... . 21 lbs Dimensions Weight 18 cm x 48 cm x 30 cm 10 kg Housing ........... 581/,&" x 5% 0.0 *****.* .80 lbs PR Deviation ...... .7' x 19" x 11" .......... .25 lbs 149 cm x 14.2 cm 36 kg 18cmx48cmx28cm 11 kg Cables ............ . As required Shutdown Margin 7' x 19" x 11" ........... IO lbs Monitor ............ 18 cm x 48 cm x 28 cm 5 kg NEMA-U ENCLOSURE OR WALL-MOUNTED (WM) ASSEMBLIES Coincidentor ....... 14" x 19" x 20" ......... .SO lbs 36cmx48cmx51cm 23kg (HxWxD)

Timer/Scaler ........ 10" x 19" x 10" . . ........ 10 lbs Amplifier ......... .24" x 20 x IO ...... . . .80 lbs 25 cm x 48 cm x 25 cm 5 kg 70cmx51 cmx2Scm 36kg WM Isolator ....... .20 x 16" x 9" ......... .60 lbs 51 cmx41 cmx23cm 27kg WM Signal Proc . .... 24" x 20" x 10" ...... . . .80 lbs 70cmx51cmx2Scm 36kg Specifications subject to change without notice.

<<:-:- !i"i::=::-:;u:-::t: :,:::::-~ 1

t::.:,*:t-:;; @Mt:=e-- w:*:-: '::::.-; :A :r::::;::: .

POWER RANGE

t: -ia

.\UDIBLE COUNT RATE DEVIATION COINCIDENTOR TIMER/SCALER rhe isolated pulse signal Measures the difference be- Provides dual redundant Provides three high speed from any of the Wide Range tween the highest and the logic functions for the final counting channels and a crys-

\fonitors can be selected for lowest of up to four Power alarm and trip relay outputs. tal controlled timer which 1udible tone-burst annuncia- Range signals. The deviation Monitors alarm and trip sig- can be used as a fourth

ion in both the containment is displayed in units of per- nals from all Power Range counting channel.

,uilding and the control cent power. An alarm signal and Wide Range channels.

• oom. The ranges, selected is provided when the devia- Allows for manual bypassing nanually, do not depend on tion exceeds an adjustable and tripping of any input my other equipment. Be- set point. channel and full testing of in-

ause each range emits a dif- dividual logic functions at erent tone, each of five power without having to by-iivision ranges can be pass a safety train.

,udibly identified .

~

t r . -~--.- ~

• n*: **** ill

• . ] _,l I- -

~ . -w

~

---

.,_~._.~-.*

/\~

t* ........ l~*..*:J

RCS-1000 Human Facton SYSTEM ALTERNATIVES Operators will appreciate the simple and The RCS-1000 is a complete system. Par-functional controls along with carefully tial upgrades can be implemented to take displayed information that avoids full advantage of this latest technology.

ambiguities and ensures comprehension Our engineers can assist you in selecting in times of stress. Maintenance the best system configuration to meet technicians will appreciate the accessible your specific requirements. Some test points and ease of adjustments. alternatives are:

RCS-1000 Survivability Source Range and Intermediate Range The detectors, cables and electronics are chaMels - Replace old Source Range designed and qualified to survive a and Intermediate Range channels with design basis event. The ruggedness our Wide Range Monitor, which required to satisfy the post-accident operates from a single long-life detector.

requirements of the United States Modem technology and components Nuclear Regulatory Commission (NRC), now combine several functions into Regulatory Guide 1.97 allows the one unit, or, at your option, plug-RCS-1000 to achieve longer life and lower compatible, original equipment, maintenance under normal operation. "look-alike" drawers.

RCS-1000 Replacement Parts Availability Power Range channel - Replace an old Power Range channel with our GAMMA-METRICS solves one of the Power Range Monitor that minimizes major problems of earlier systems: the maintenance and cable interface non-availability of replacement parts. problems. A new Power Range channel Our engineers emphasize the selection provides better accuracy, less drift and of mature, rigorously proven fewer maintenance adjustments.

components. These practices guarantee that all parts have met demonstrated Detector/preamplifier replacement -

performance and reliability standards, Eliminate frequent replacement of the and will be commercially available for an Source Range detector and pre-extended period of time. Furthermore, amplifiers without being forced to the System's modular design makes it replace the electronics in the control easy to replace portions of the electronics room. The rugged detector and amplifier as required. have high noise immunity and satisfy Regulatory Guide 1. 97.

Corporate Profile GAMMA-METRICS develops, produces, markets and services measurement and control instru-mentation for the power, process and mining industries. The company is a pioneer in monitoring instru-ments used to ensure the safe operation of nuclear power plants.

GAMMA-METRICS is also a leader in the field of Bulk Material Ana-lyzers measuring continuously on-line and in real time the elemental composition of bulk materials in industrial processes.

GAMMA-METRICS' broad range of capabilities includes design, manu-facture, installation, maintenance and training. The company supports its world-wide customers through an extensive, readily available inventory of spare and replacement parts and timely field service.

Research & development, administration, and manufacturing facilities in San Diego, California.

q~

~AMMA-METRICS *

. *. 5788 Pacific Center Boulevard

,, San Diego, CA 92U1-9751 USA (619) 450-9811 FAX (619) 452-9250 TELEX 510-101-19U (GAMMA-METRICS)

AH-~. 3

'to ti"/2. e>/ q 3 On--Line Elemental Analyzer ~ ~

For Bulk Materials c.,\GAMMA-METRICS

-~ .,., *..,. t

.* ~:. ..,

~ -$".*

. ¥AF.

. .u a ..,a '*1

.iJ a*

-6fifil.J CoAL CoAL CoAL-FlRED CEMENT MINES PREPARATION PLANTS POWER PLANTS PLANTS

Improve Process Control In Coal l Coal Combustion, And Cement Pr.

ON-LINE ANALYSIS GIVES CoAL ANALYSIS BATCH AVERAGE YOU THE INFORMATION T1ll Anal,ter automaticall, a,mputts lot awrage anal,sa fur arr, rime YOU NEED FOR inrenalitltx:ted.

BLENDING, SORTING, ANDPROCESS OPTIMIZATION Cement producers, coal producers, and coal-fired power plants have experi-mented with various on-line determine calorific value, a elemental analysis techniques moisture, total ash, lbs ~

for more than a decade. Until MBtu, and ash fusion. In recently, these attempts at cement raw material, the on-line analysis have been AnalY?,er can compute l.01, deficient in speed, accuracy, lime saturation factor, 1/2S, and mechanical reliability. Activation Analysis (PGNAA) Although the Analyier is c,A, silica ratio, and A/F The GAMMA-METRICS with a safe and reliable fundamentally an elemental ratio from the four major Continuous Flow-Thru1111 Bulle industrial design, the Analyier analY?,er, its capabilities extend oxides (c.a, Si, Al and Fe).

Material Analyier has ushered can produce accurate and to other variables which relate in a new era in on-line reliable elemental analysis - to elemental content. In coal, USE THE ANALYIER analysis of solid materials. each minute - on coal flows in addition to full ultimate FOR PRECISE BLENDING Combining the technology of up to 500 tph and cement raw (including sulfur) and mineral OF MATERIALS Prompt Gamma Neutron material up to 1000 tph. ash analyses, the AnalY?,er can Facilities with blending capability can achieve a more consistent product if they A CoAL PREPARATION PLANT APPLICATION install a GAMMA-MFfRlllll' Raw Coal Stockpiles AnalY?,er downstream of the blend point. By comparing actual material composition Clean Coal Silos with target composition, the Preparation Plant AnalY?,er can direct changes in 00 feeder rates to keep the blended quality constantly near specification.

Heavy In a cement plant, the Media AnalY?,er can hold the key to Control more consistent kiln feed, yielding extended brick life, Blendin better clinker quality, longer Signals filter bag life, increased Loadout Mure conswnt dam ooal can ht odaia.el b, usm, IN Anal:Yter to monitor IN quaiu, of IN ooal a11M11 out of IN p,q, plant.

rung,

• luction.

CEMENT CURRENT ANALYSIS may be used to separate one

~ Anal~ generates /vll donmtal type of limestone from another analyses todt minMre on OJlltinuolul,

• Tai - -- - ,. upstream of the raw mill.

SllllllS IIIIUII tllft.ft IIIIUII -. IIIOlling ,aw material sireams.

-~---  : ' ,;-?.",

. ;:I ~ -~- USE THE ANALVZER FORONGOING PROCESS OPTIMIZATION Real,time composition analysis offers opportunities downstream diverter to in process optimization which segregate product based on were not previously possible.

elemental content. The coal By installing an Analyzer producer may be able to use on the clean coal side of the Analyzer to sort out a a preparation plant, the compliance coal or direct a operator can use its results throughput, and reduced fuel can be safely met while portion of the raw coal to to adjust circuit gravities for consumption. Such benefits minimizing the fraction of bypass the preparation plant. a more consistent ash content.

can quickly pay back the low sulfur coal required. Equally important is the At a coal,fired power plant, investment in an Analyzer. ability to separate a high knowledge of real,time coal Dynamic blending allows SoRT MATERIAL BY GRADE quality coal from a lower quality in the boiler feed can the coal producer to meet The GAMMA,METRICS quality coal to facilitate facilitate adjustment in the contract specifications with Bulle Material Analyzer can be subsequent blending. In a boiler control parameters to confidence. The Analyzer used in conjunction with a cement plant, the Analyzer improve oombustion efficiency.

allows the supplier to achieve qualities closer to specifi,

.on limits, thus reducing CEMENT PLANT RAW MIX APPUCATION

• wide and expensive safety margins which are customary. Hi Low Iron Clay Ume Ume Raw Material Real-time blending with Component Silos an Analyzer offers other advantages:

Train or barge shipments t

will be more consistent throughout.

• Coal cleaning can be improved by blending feedstoclcs to a more consistent quality ahead of the prep plant. Raw Mill

• Ar. a utility, emission limits Feedback =

. ~

~

i

.

Signal More am.sisrau lci1n f<<d azn be

~ by l&Allf die A ~ t.o aut.omatialll, p,q,o,tio,l die ,aw mix a,mponent.s.

Get An Accurate Analysis Every M, On Material Flows Up To 1000 tph GAMMA-METRICS *** PRoMPr GAMMA NEUTRON BRINGS PGNAA PGNAA is a nuclear phoiomenon ACTIVATION ANALYSIS (PGNAA) iniiiatai b, a neMtTon wliidi TECHNOLOGY TO THE generatt:s gamma ra,s charaaaistic INDUSTRIAL SE'ITING of rhe aaiuatt.d tlement.

1  : l  : 3 The GAMMA-METRICS *

• Bulle Material Analyzer utilizes 1°HERMAL  : ExcrrED : STABLE GAMMA NEUTRON NUCLEUS* NUCLEUS* NUCLEUS RAY a technique known as PGNM ** **

(Prompt Gamma Neutron Activation Analysis) to

.*o:

measure raw material respects. Some elements are .- * -

elemental composition. This more likely to activate than  : / I I\" :

nuclear phenomenon has only others: iron, sulfur and ** **

recently become viable for chlorine, for example, being ** **

controlling industrial processes. very active; and carbon and The PGNM phenomenon oxygen being very inactive.

is based on a subatomic The other key distinction and 6.42 MeV. ing equipment, a gamma ray reaction between a neutron among elements is that each PGNAA, therefore, requires spectrum can be built (shown and the nucleus of any atom. one emits, with known proba- a means of detecting gamma at right). The spectrum, When a thermalized, or slow, bility, a unique set of gamma rays and identifying their in turn, can be decomposed neutron approaches close ray energies. Calcium, for energy. This can be achieved into its constituent parts enough to a nucleus, it will be example, produces gamma by using a scintillation (clements) by using a miao-absorbed by that nucleus. rays with several different detector. With this detector pr~r and sophisticated This absorption process energies, most notably 4.42 and additional signal proces&- analytical software.

causes the nucleus to become excited, a condition which is relieved by the nearly instan*

taneous release of a gamma ray.

Each element responds differently to the neutron activation process in two A cement plant in &ope uses rhe GAMMA-METRICS Anal~er ro cxmzrol raw mix p,opo,tioning.

-1ute Bun.T FOR TIIE ***

SPECIAL NEEDS OF The combination of GAMMA- CoNVENTIONAL CONTROL VS. ANALYlER CONTROL METRJCS' C.oa1 Anal,ter and ils TIIE COAL, CEMEN:t aMtOmaled blending program COBOS AND ELECTRICAL has led to mapr ~ in product CXIIISUf01CJ*

UTILITY INDUSTRIES Through careful attention to design, GAMMA-METRICS has been able to apply the

.-,romise of PGNM to the 9hallenge of process control in modular steel housing requires the industrial setting. The only simple structural support finished product (see cutaway and is easy to handle during view) combines ease of instal- installation.

lation, personnel radiation The GAMMA-METRICS Analyzer contains extensive GAMMA-RAY shielding for both neutron Analyzer is not in use, the analysis. As a result, equip-SPECTRUM and gamma radiation. There is neutron sources automatically ment uptime is maximi7.ed.

Neutron Activation Of Coal no need to establish restricted retract to a safe, shielded Furthermore, plug-free radiation areas or to post position. operation has been assured warning signs. Personnel Because no mechanical through careful chute design safety is assured without any sampling takes place in the and use of an extremely low i-t .... need to monitor individual radiation exposure. When the Analyzer, no moving parts are required to perform the friction, abrasion resistant, replaceable liner.

• i E-v, The Anal,ter separaus the Gunma Ra, Speanan into its constituent elements.

Enllil'Olllllel'llal Endome Cur-AWAY VIEW OF ANALYlER Input Hopper*

safety, mechanical reliability, and ease of operation.

With its patented environ- Signal Procasing mental enclosure, the Bulle Eltmonics Material Analyzer does not require any additional pro-tection from extreme weather Neutron Sotm:e Assembl, or dusty conditions. The Length= 14 ft (427cm)

Radiation Shidd Assembl, Width = 8 ft (243cm)

Height = 8.5 ft (259an)

• • Grallilllffi'ic Belt F<<der*

The fiJ.l, enclosed, modular amslTIICtion of the Anal,te, is well suited far the inallstrial .setting.

Our Customers Rely On The Anal~

For Quick And Reliable Results. .

THE ANALYlER IS IDEAL REPEATABll.lTY PERFORMANCE REPEATABILITY 11ie ~a/die A ~ is FOR PROCESS CONTROL PARAMETER UNITS RANGE ASTM S'fD.U ANAL'YZER' amsistold, exa:lloit, ewn ukn Sensors used in process a,mpare.d "1idi striflgent laborarm, COAL ,ranamds.

control must provide precise, Sulfur Wt.% 0-2% +/-0.0SJ +/-0.02 rapid results. The Analyzer 2%plus +/-0.10 Ash Wt.% 0-12% +/-0.30J +/-0.24 is designed for maximum 12% plus +/-0.50 Moisture Wt.% 5%plus +/-0.30 +/-0.10 precision while furnishing an Calorific Value Btu/lb unlimited +/-50 +/-31 analysis as frequently as once CEMENT per minute. Several design c.ao Wt.% +/-0.30 +/-0.18 Si<}z Wt.% +/-0.24 +/-0.16 considerations have made it fezO, Wt.% +/-0.15 +/-0.01 remains full, a requirement Al20, Wt.% +/-0.30 z0.09 for optimal precision. -

the most precise on-line MaO Wt.% z0.24 z0.24 elemental bulk material 1. For Coal. intralab repeatability standard, taken from ASTM Volume 05.05 ( 1986).

analyzer in the world:

2. For Cmlfflt. maximum allowable difference among three analY1<1, raken from Pan 13.

Cl 14, Book of ASTM Standards. THE GAMMA-METRICS

3. Avenge onMigma (one standard deviation) values raken from aeveral sets of 10-minute

• PGNAA measures elements analyses performeJ on static material. ANALYlER BOASTS directly, unlike other on-line SUPERIOR SPEED inferential techniques. and flow rate, thereby lot averaging is conducted AND PRECISION

• Sampling variance is eliminating the effects of within seconds for any One of the two most minimized because of the segregation. specified time interval within important factors governing large percentage (often Analyzer operation is fully the past 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />. The flow the value of a sensor in 100%) of the process flow automatic. It can be linked rate out of the analyzer can be real-time process control routed through the analyzer. with programmable controllers automatically controlled to is speed. The Analyzer can

• The Analyzer is unaffected or other computers to control match the incoming flow, thus furnish an elemental analysis by variations in particle size various processes. Automatic ensuring the analyzer chute each minute for the material which passed through it in the preceding minute. Even theA

.:{:C),~:,;?:,;,~jif~Jt'.fit\

most thorough, frequent- W interval conventional sampling and analysis practices can lead to erroneous proccss decisiom.

,., . :>t~::. i:- ~\1:;1~:;,.=:f_,fit;{t~ili In oontrast, a real-time, on-line anal}'7,Cf can markedly improve

., ~ .~~.-:;./\~r~

process control decisions.

The GAMMA-METRICS Analyzer also provides value An Illinois Basin C.oal ProdMm KstS die GAMMA-METRICS Anal:,ter ro .son mw mil acmrdin, ro SMl/ur amtent.

• ~er because it is precise. Most of * **

the uncertainty in analytical GAMMA-METRICS' """"4aatlriftf

~ and qua1it, conm,l are results derived from ASTM !IIIINlff one in rlt, indMsn, methods of sampling and analysis comes from inherently imprecise sampling and sample preparation. For instance, ASTM 02234-82 states that adherence to their procedures am only wure a precision of COMPANIES ACROSS THE

-10% relative in separate ash WORLD ARE TURNING determinations in the same TO GAMMA-METRICS lot of coal. FOR PROCESS The Analyzer, by contrast, IMPROVEMENT has no preparation variance GAMMA-ME1RICS has and minimal or no sampling developed a reputation for product and to satisfy economic benefit that comes variance (depending on quality and service since its customers. from being able to produce a whether a primary sampler is founding in 1980. From its The Bulle Material Analyzer more consistent product. In wed). The device has also experience in successfully is a product whose time has this era of increased focus on shown repeatability which is serving the demanding nuclear come. Actual operating exper- product quality, the Analyzer better than the limits ASTM power utility industry, the ience has verified its potential, is fast becoming a n~ity.

has set for laboratory company has learned what it and many oompanies are begin-equipment. takes to make a reliable ning to realize the major CoNTACT US TODAY GAMMA-METRICS makes it easy for you to join the growing ranks of Analyzer customers. We have a necwork of international representatives to complement our North American sales and service organization. And we can be reached 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day, at our San Diego facility. Please contact us to find out how on-line bullc material analysis can benefit your company.

A

• Appalachian roal prodMa, wa k GAMMA-METRlCS Anal,ter ID JCml dtan roaJ and make IGl'iows adjuslmenis in Ult pref> plani.

c.,, GAMMA-METRICS 5788 Pacific Center Blvd.

San Diego, CA 92121 U.S.A.

Telephone (619) 450-9811 Telex 5101011912 Telefax (619) 452,9250

-*dwU.5.A.

~ GAMMA-MEnlCS 19119

MAY 19 '93 18:58 FRGITIER TECH 1

~OCKET NUMB J t-()

pr.:QPOSED RULE Ii Ret: Propoeed Amendment to l0CPRll0 ' * "( 5 ct-'rrl. -=

(RIN 31SO-AE31) a pul>l 1shed in the "' ,. ... 1

-=,-=--LJ 3 - '-/_-/j_ _ (j)

J-Fe4eral Regt ter Vol ,e. No. 50. 3/17~).;fr~~ pag** 14344-14348 FRONTIER TECHNOLOOY CORPORATION 1641 Burnett Drive. P.O. Box 486 *93 OCT 28 p 7T,-!i : ~13 376-~691 Xenia. OH 45385 ai 513 376-~692 I t - , I., I U,S.Nuclear Regulatory Comm1**1on Attn: Me. Blaine Hemby Tel: 301 ~04-2341 Office ot International Programs Fax: 301 504-2395

Dear Me. Hemby,

Frontier Technology Corporation is a Small Business located in Xenia, Ohio, whose primary ~usiness is the manufacture and dietr1~ut1on of californium-2~2 neutron aources, We operate under NRC license number SNM-1957 for this purpose, Cal1torn1um-252 (Cf-2~2) is a unique material in that it is the only material known which spontaneously emits neutron radiation in uaeful quant1tiee, 1e capable of being ta~r1cated into aourcee of small physical dimensions. and ha* a sufficiently long half-life (2 . 7 years) to be useful in practical applications.

• Many applications tor Ct-252 have been developed since *the mater1al became available commercially in 1971, with a signticant

. ' traction of such applications having been developed by or in cooperation with NRC predecessor orqanizations at the Savannah River and Oak Ridge Laboratories. A briet discussion ot the major classes ot *uch applications follows:

Elemental 1nolva10 J2.Y Neutron Activation and/or frompt Gamma Analysis: Th* basic proce e is to irradiate a material with Cf-2~2 neutron&, then to detect and analyze neutron-induced radiation emitted by the material. The induced radiation may ~e from short-lived activation products, prompt gammas from non-activating neutron interactions . or x-rays ~ depending upon the elements present in the material . Th* type and energy ot radiation emitted by each element

. is characteristic of that specific element, and ta used to identify

• the presence of the element in the m~terial. Measurement of the induced radiation identifiea those element* present in the material, and. the relative proportions in which the elements are present.

Important industrial applications of this technique inclu~e continuous coal analyzers at mines to determine relative contents of carbon, "ash " , mo111ture. eul fur. etc . in the coal. and continuous cement analyzers at cement factories to control the content and quality of cement, Coal analyzers are in use at some power plants to a*aure proper combustion and compliance w1th environmental regulations .

Airport baggage scanners (developed under US FAA programs in recent year ) use Cf-2~2 neutron-activated prompt gamma analysis to find plastic explosives which are very difficult to detect by

other meanli .

Other applications of this ba ic technique include mineral exploration (bore-hole logging including oil-well logging>. on- it*

ore analysis, various foren ic application , determinatione ot authenticity of art items and other artifacts , and industrial process control.

May 18.1993 Page I MAY 1 0 1994 Acknowledged by card .........................11....-

jJS. NUCLE,'fi i=':':i';;_;I :rr(/W ('.(,':! 'JISS!0N' DOCt<~-=:r;:~:l f.J ~::F;\"Cf 3':.:C: ()N Off1CL .: := 1 1+:- 2;~,. SE rARY OF 'f,-<E CO:.{,i::]S.ON

MAY 19 '93 18:59 F'RCHTIER TECH 6':17 P02 Ref, Proposed Amendment to 10CFR110 CRIN 3150-AE31) as published in the Federal Register Vol ~a. No. ~o. 3/17/93, pagee 14344-14348

~ommor.w.l Nucleer f21:ftr ARR..l.tRA.U.9.nl.i.

Start-up neutron aourcea: Most commercial nuclear power reactor use Cf-252 sources to provide eufticient neutron in the core prior to tart-up to allow determination ot in trument function.

instrument cali~ration, and oo ervation and control of initial approach to criticality with minimal ri k of occurrence of a prompt critical condition. At the present time there 1* not a large demand for new etart-up ources tor domestic power reactors. However, we have existing contract* tor tour reactors currently unde~ conatruct1on in Korea, four more due to begin construction in Taiwan, and three under core replacement in France . Note that Korea and Taiwan are not 1n the Nuclear Suppliers Group. While France is in the Group, that order aleo will he affected adversely due to the Appendix A of Part 110 as it appears in this propoeed rule. We currently hip tart-up ources as Special Form Cf-252 sources without need to furthur define the use of such as reactor equipment as they are not involved with the actual operation of the reactor when on-line .

While types of neutron sources other than Ct-2~2 (i . e .. sources using various alpha-neutron reactions) were at one time used tor start-up sources . most US , western Europa . and Japan*** reactor manufacturers converted to Cf-252 sources in the m14-1970 ' s or early 1980'a, and it would be quite difficult tor technical reasons to return to the older source types .

Fuel-Rod Scanners: Moat nuclear fuel rod manutacturers use a variation of Cf-252 neutron-induced activation analy i to verity the abaence of voids between fuel pellets 1n reactor fuel rods.

and to measure the uniformity of fuel loading in *uch rods . The first is a safety matter to prevent fuel-rod damage, and the econd allows improved fuel management and fuel utilization .

Medical Applications: Diagnostic Research. Cf-252 source are in use in hospital and un1ver*1ties tor medical d1agnosia and research . One example ia the use of Cf-252 sources to induce temporary activation of calcium in patients * ~on** to determine the extent of osteoaporoeia ~nd/or the ettectiven*** of treatment for thie d1s*a**

• Most work of this category i done out id* of the us. principally in Canada, Auatralia. and the Pacific R1m .

Cancer Therapy : Ct-252 neutron have been found to effectively destroy certain classes of malignant tumere with minimal damage to healthy tieeue. including certain brain tumors and melanoma (akin tumors) which are eeeentially non-treatable ~Yother means.

These treatments. which are in research and clinical trial stages.

were developed in large part ~Y Dr. Yoah Maruyama et the University of Kentucky Ro** Medical Center under National Institute of Health grants and with AEC/NRC assistance. Dr. Maruyama is preeently at Wayne State University in Michigan.

Waste lnalyzers: The Cf-252 shuffler is a versatile nonde tructive a say CNDA> in*trument that hae ~*en u ed tor mea uring waete material in a wide variety of torms, ranging from large pent fuel a***m~liea to small amounte of crap an4 wa te . Shufflers Are relatively in ensitive to measurement bias caused by matrix materials and consequently provide on* of the more accurate methods av4ilable tor character1z1ng waste 1n closed containers.

May 18,1993 Page~

l'W=IY 19 '93 19:00 FRO-ITIER TEQ-1 697 P03 Ref: Propo ed Amendment to 10CFR110

<RIN 3150-AE3l) a publiahed in the Padaral Regiater Vol 58. No. 50. 3/17/93, pages 14344-14348 Becau

• ot ruggedized design and reliability ot componenta, ahuffl*r* are well u1te4 tor plant operations. Several shufflers are currently 1n uae in the US, England. Europe and Korea.

Other Applications: The above application are hy no mean*

inclusive or even exhau tive, and new appl1cat1ona are being developed rapidly.

Frontier 1* the world'* major auppl1er ot commercial of Cf-2~2 sources tor the above and other applications. Other companies manufacture the equipment* in which the eourcee are uaed. Thia equipment 1* typically physically large. contain*

heavy radiation shielding for the protection ot peraonnel, and ie difficult to move (usually requiring major diaaa emhly effort).

The equipment 1s usually shipped from 1te manutacturer to the use site, and i installed at th* it*. without the Cf-252 ouree (one or more may be required for an individual machine.

depending upon ite deeign), Once the facility 1s inetalled, th*

initial Ct-252 source is shipped to the use aite in an appropriate radioactive materials tranaport package. and ie installed into the equipment on site. Cf-2~2 haa a halt-lite ot 2.? years.

Wh1ch results in a decrease in neutron output from cr-2~2 aourc*

of approximately two percent per month. Eventually, the neutron output from the eource becomes too low for the using equipment to properly function. New Cf-252 sources must be periodically installed 1n the equipment, typically every two to five years depending upon the design. in order tor the equipment to remain useable. The new sources are shipped from their manufacturer to the uee site. and are installed at the site, Frontier encourages the user to return depleted eourcee to Frontier for disposal. Upon receipt of old sources, Frontier opens tha source container and reuses the remaining Cf-2~2 (when possible).

This policy of bringing old depleted sources hack to Frontier is primarily to prevent the unuseable sources getting into trouble down the line. and/or to a1u11 t our customer* with removing unuseable source from their inventory (thereby not overloading possess and u e only licen ee with out-of-service ources).

Frontier has shipped Cf-252 sources to every continent except Antarctica, and routinely ehips sources to countr1** not of the Nuclear Suppliers Group. On the order of half of Frontier's products are shipped to non-US destinations. either directly by Frontier or indirectly by ah1pment from Frontier to a US equipment manufacturer who subaequently export both the equipment and the ource. The latter 1 u ed. tor example, when the equipment manufacturer wi*h** to use the aource to te t or calibrate new equipment prior to shipment to his customer.

Frontier hae very serious concerns obout and objections to certain aspects of the referenced proposed amendment to 10CFR110.

These are diecuesad in the numbered paragraphs below.

1. Lack of notice to artecte4 entities.

As noted above, Frontier is a manufacturer ot Cf-252 neutron aourcee, and is pec1fically licensed by the NRC a uch. To the beet of our knowledge, we are the only NRC-licensed manufacturer of high-intensity Cf-252 ourcee. The NRC normally not1t:ies it licensees of proposed or final amendment* to uch parts ot 10CFR May 18.1993 Page 3

MAY 19 '93 19:00 FRCNTIER TEO! 697 P04 Ref; Propaee4 Amendment to 10CPR110 CRIN 31SO-AE31) ae publiehed tn the Federal Regteter Vol S8, No. 50, 3/17/93, pages 14344-14348 or other regulations which will or might affect the ltc*n**** In this epecific instance, which involvee proposed regulatory changes which. it enacted, will drastically and adversely affect our buain**** HQ notice was received from the NRC or any other Government entity. We learned ot the proposed changes trom a customer on May 13, 1993, long after the authorized comment period expired, It 1 to be noted that we feel the authorized comment period (3-17-93 to 4-16-93) was too abort. Bven it the NRC had followed its normal policy and sent notice to u

• we would have received it about 4-1-93, allowing only two weeks to prepare and tranam1t our comments on a potentially devastating regulatory change .

While this letter was prepared in only a few days, we do not f**l that it adequately or completely presents our conc*rna. Aleo, we have not had an opportunity to involve our cu tomers regarding the impending impact and allow their input to~* considered by the NRC as well .

2. The propoaed change in the regulations have the stated purpoae of preventing th* proliferation of nuclear weapons. To our knowledge, Ct-252 haa no nuclear weapons-related use. The quantities of Cf-252 useful in neutron eources range trom a tew micrccuries to aeveral Curie . Two curie ot Ct-2~2 is equivalent to approximately 3.7 milligrams of Ct-252~ Alpha decay or Cf-252 generates Curium-248 which has a 4.7 x 10 year half-lite .

Complete decay ct a large" (2 Curie) Cf-252 source would then result in the generation of roughly 0.01 mC1 of Cm-248. a very small quantity *ot an isotope not included in the proposed regulatory changes oe one requiring epecific export licenses . A small traction ot Cf-252 decay (3.0961) 1a by pontaneou fission. which result in extremely mall quantit1** of fission products which are not included in the proposed regulatory changes as requiring specific export licenses ,

In short. we do not befieve that continuation of the present General License for th* export of Cf-252 will 1n any way contribute to the proliferation ot nuclear weapons.

3. Paragraph 110.23(a)C4) creates a general license to export Cf-252 "when contained in devices in quantities of l*** than 100 millicuries ot alpha activity per device". "Device " ie not defined in the regulation. I Cf-2~2 contained in see.led eources (each source consisting of Cf-252 material inside on, or more weld-sealed metal capsules meeting USDOT/IAEA Special Form criteria) con idered to be Cf-252 "contained in device " for purpoaaa of th1* regulation? If so . sealed ourcea containing less that 100 mCi or approximately 186 micrograms ot Cf-252 would be exportable under general 11cen**

• Ct-252 ource in this size range are adequate for many on-line material analyzer , but are insufficient tor moat fuel-rod scanner, waste analyzer. reactor start-up. and aome cancer therapy uae . It ta to~* noted that under definitions used in NRC Materiel* Licensing regulations. o 11 11ource ta .nQ.t a "device ."

11 If a sealed source containing Cf-2:52 1* note. "device" tor purposes of 10CPR11O, than 110.23Ca)(4) creates a conflict and problems fer users a descr1~*4 in 4 below.

May 1e.1gg3 Page 'I-

MAY 19 '93 19:01 FRO-ITIER TEQ-1 697 P05 Reta Proposed Amendment to 10CFR110 CRIN 3150-AE31) as pu~liehed in the Federal Regiater Vol se. No. so. 3/17/93. page* 14344-14348

4. Con ider the ituat1on wherein an equipment manufacturer makes a "device". say a coal analyzer. And instAlla a Cf-2:52 ource ot leee than 100 mCi in it. The manutacturer ha* a general licen** under 10CFR110.23Ca)(4) for export of the analyzer (1.e .. device) and contained eource to any country not li ted 1n 110.28. Con ider further that the equipment manufacturer export the analyzer (i.e.,

"device") and contained Ct-252 to a non-NSG country. ay Mexico.

Consider further that the end-u er u es the analyzer for about three years. after which the Ct-2~2 source in it hae decayed to the extent that the analyzer is no longer functional. The analyzer itself 1* still good: all it needs 1s a new neutron source.

The replacement source. however, requires a apecific export license under 110.23. even though the original ource (being 1naide the *analyzer) was exported under general licenee. During the time-consuming and costly process of obtaining the specific license to export the replacement source, the analyzer (for which the user has paid between one-half and two million dollars) is ot no u,e.

It is to be noted that the requirement or a specific export license for the replenishment *ource in the above example-that is, to Mexico-may be a direct conflict with the pen41ng North American Pree Trade Agreement.

5. Frontier is concerned aleo with the wording of paragraph (10) ot lOCPRllO Appendix A. That paragraph requires specific export licenl!les for in-reactor item "that are especially relevant from the standpoint ot export control, ae determined l:>y the Commieeion ... ".

It is not clear whether Cf-2~2 eource intended for, or capable of. use as reactor ta.rt-up sources are included in the "items" needing specific export license.

Frontier alao makes nuclear reactor tart-up sources ot the Sb>>* regenerative type. Theee consist of mixture of non-radioactive antimony and beryllium metal ine1de a source capsule. The source capsule is placed in or near the reactor vessel, and the antimony ~*comes activated (60.2 day half-life Sb-12~). whereatter th* source generates neutron via a gamma-neutron reaction in the 1:>eryllium. The** are used tor purposee similar to the Cf-2~2 tart-up sources. but tor ubsequent reactor start-up* after the Cf-2~2 is depleted. In eome designs.

a single outer cap ulo contains both Ct-252 and SbBe sources.

We do not believe that pec1t1c export licen e requirements on either Cf-252 or SbB* regenerative tart-up wources are needed. Such ourcee are not necessary to start a reactor, but do improve afety and control of reactor* during tart-up.

Please advise us whether tart-up sourcea ot either type are included in the "items" regulated by 10CFR1100 Appen41x A.

paragraph (10).

6. The explanatory information contained in the referenced Federal Register entry state that:

(a) The NRC has concluded that the (amended) rule would have a minimum impact on th* affected exporter , that Cb) The NRC is not aware of any appreciable US export traffic in alpha-emitting radionucl1dee that ~ould not he covered by the proposed general license. and that May 18.1993 Page .5*

MAY 19 '93 19:02 FRCNTIER TEO-f 697 P06 Refs Proposed Amendment to 10CPR110 (RIN 31~O-AE31) ae pu~l1ahed 1n the Federal Reg1 ter Vol ~a. No. ~o. 3/17/~3. pag** 14344-14348 Cc) Any small entity aubject to th1 regulation which determine that. ~*cau** of 1ta a1ze. it 1 likely to bear a d1aproport1onate adverse economic impact *hould notity the Commi ion.

Frontier in th* la t few years hae hipped Ct-2S2 ourcea to at leaet the fol lowing non-NSG countrie1u Mexico, Indonea1a.

Brazil, Venezuela, Korea, Senegal, Taiwan, Saudi Arabia. Iereel, India and Thailand, We have a Cf-252 hipment ready for shipment to Turkey this week.

Frontier frequently ha* unfilled contract* requiring aource shipments to non-NSG countriee, At th* pre ent time we have committed contract to deliver eete of comb1nation Cf-2~2 and SbBe tart-up sources to Korea in 1994, 199S, 1gg6, and 1g97, with later shipment slated for Taiwan.

We are conc*r~ed that adoption of th* propo ed revt ion of 10CFRllO may be done in a manner which will tore* Frontier to default on ource deliverie to which we are committed ~y contracts exi ting at the time of adoption. Por example, *ay we have a contract to deliver a ource to Korea in Janary of 1gg4 ,

and the propo ed amendment is adopted in December of 19~3 and is immediately effective. There would be no time to obtain a specific export liceneei Frontier would have no choice but to default on delivery. We would lo e not only th* cost of the product we had made and any expected profit

• but would also likely lose future ~ueinees from that customer as well . In addition. some contracts (particularly tho

• tor reactor tart-up sources) contain ign1t1cant punitive clau ea for failure to deliver the product on time. Becau1* of Frontier ** mall e1z*.

government-forced default on a single reactor source contract could result in immediate losses and penalties of 25 to 75 percent of Frontier ** yearly gro

• sales. Forced default* could be avoided only if the effective date of the amendment (if adopted as it now reads) 1* *delayed beyond its adoption date by a time period eutticient for apec1tic export licensee to be obtained tor item* under pre-exiating contract* . Alternately .

• 1nclus10n of a "grandfather" clause in the amended regulet.1on exempting item under contract at th* time ot adoption of the amended regulation from the new provisions of the amended regulation, would also eliminate such forced default* .

Neither of the above. however, would mitigate expected loee of revenue from ourcea for use in non-NSG countri**

• Turn-around time for non-reactor Cf-2~2 eourc** at present (1.e .

• time from order receipt at Prontier to delivery in th* non-NSG country) ranges from approximately four to ten weeks . Uni*** the total time requirement to apply tor and receive *p*citic export licen*** will be on the order of a few weeks to a few months ,

equipment in th* non-NSG countri would rail and remain u eless during th* period while the export license application 1s pending . Th* users in non-NSG countries would likely eek a non-US supplier for their ource need ; the econd-largest supplier ot Ct-252 (and SbBe> source 1* located in England. lf that taila-poeeibly because the U.K. enact* and enforces reetr1ct1ons identical to those propo ed for the US-the users in non-NSG May 18,1993 Page 6

• MAY 19 '93 19:03 FRGrr I ER TECH 69? P07 Ref: Propoae4 Amendment to 10CFR11O CRIN 3150-1131) ae publiehed in the Federal Regi ter Vol 58, No. 50, 3/17/i3, peg** 14344-14348 countriea may very well allow their exi*ting equipment to rot rather than en4ur* th* co*t*. time delay, and uncerta1nt1e*

aeaociated with o~taining Cf-252 ourc** needed for operation.

Prontier expect* that adoption of the propoee4 changes 1n 10CFR11O w111 result in reduced sales ot replacement ources for shipment to current ueer* in non-NSG countri*** Thi* will not only adveraely affect Prontier*s ealee, ~ut will, 1n much larger dollar values, adver ely affect th* manufacturer of the equipment which u ** euch ource , will adver ely affect th* US balance of trade, and will retard economic growth in the non-NSG countries.

All tor no di cernible benefit to anyone. Impo itton of specific export license requirement on Ct-2,2 eale4 aourcee, and/or on Ct-2S2 and/or SbBe reactor etart-up aourc*** will have no effect on nuclear weapon proliferation. Neither Cf-2S2 nor ite decay product* are ueetul in nuclear weapon or their production . Cf-2,2 and/or SbBe reactor tart-up aourcee. while ueetul during reactor tart-upa and required under ome reactor licenses, are not phyaically nece ary to etart the reactor .

We therefor request that the proposed amendment to 10CFRllO be mod1t1ed to remove Cf-252, at leaat in the form of ealad Special Form *ources, from the li t of materials requiring epecific export licensee for export to any country not listed in lOCPRll0.28, i.e., to delete cr-2~2 from the by-product materials 11*ted in the proposed amended 10CFR11O . 23(a)Cl ) .

We also reque t a clarification, either in 1OCPR11O or eleewhere, to th* effect that nuclear reactor start-up ourcea of both the Ct-2~2 and SbBe types are not included in the item covered by 1OCPR11O. Appendix A, Paragraph (10).

We apologize that thie letter and our etatement* ot concern are brief and incomplete, but the time available to us tor comment precluded greater detail. We will be plea ed to an wer any question you may have to the best of our ability, and to provide such additional information ~a you may request .

Re pectfully,

~,(~

Edward P. J"J{i'cw, -r::.

Pre ident Project* Manager May 18, 1SU~3 Page 7

PR DOCKET NUMBER

\.

Westinghouse PROPOSED RULE (SY FJZ /43'/'i/ .

tL0

,L t\t. l ll.'

IJ:)Ni\C Energy Syst~s ~PR 19 P4 :57

• WSH-93-097 Box 355 CD Pittsburgh Pennsylvania 15230-0355 Electric Corporation April 16, 1993 Secretary, U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, Maryland 20852 Attention: Docketing and Service Branch

Subject:

Comments on Proposed Rule: Federal Register dated March 17, 1993 The following comments are provided relative to the proposed rule published in the Federal Register of March 17, 1993.

1. In the performance of services at nuclear power plants, service tooling often becomes contaminated with by-product material. Also, residual amounts of source material and/or special nuclear material could reside on the service tooling. It is Westinghouse opinion that contamination of this type is not that to be controlled by the Nuclear Suppliers Group (NSG).

We note throughout the March 17 Federal Register that by-product, source material, or special nuclear material is controlled if exported as "material" or contained in "devices" which we believe to be sensing components, pacemakers, etc.

We suggest therefore that a general license be established under Sections 110.21, 110.22, and 110.23 for all countries except those listed in Section 110.28 for residual by-product material, source material or special nuclear material which resides as contamination on service tooling.

The service tooling itself would still be subject to applicable U.S. Government export controls.

2. Similarly, a general license should be established for all countries except those listed in Section 110.28 for by-product, source or special material which resides on reactor components. On occasion there may be a need to test irradiated reactor components in foreign countries. Again, one must recognize, that the reactor component itself is still subject to U.S. Government export controls. We do not believe that the NSG intended to control residual contaminates on reactor components; it is the component itself which should be evaluated under U.S. export controls.

3. The new proposed item 10 in Appendix A does not, as written, clarify the distinction between nuclear reactor equipment controlled by the NRC and the Department of Commerce (DOC). In fact, it could cause confusion for exporters. For example, a system which controls the level of core power (e.g., instrumentation and control system) and which is subject to NRC jurisdiction could be viewed as a "process control system" under DOC regulations. We do not believe it is NRC's intent in modifying Appendix A to transfer equipment currently subject to its' jurisdiction to DOC but rather to apprise exporters that certain nuclear equipment is subject to DOC export jurisdiction. Also, the phrase "that are especially relevant from the standpoint of export control, as determined by the Commission" may require a specific Commission Acknowledged by card ....IAY 1 1 199J

.,.,,,,,,,,,,,,,,,, ttnnn~~

WSH93097:IM1693-1

J V,.S. NUCLEAR REGULATORY COMMISSfOtf DOCKETING & SERVICE SECTION OFFICE OF THE SECRETARY OF THE COMMISSION Document Statistics Postmark Date '--/ /, 6 /'°!J Copies Received. _ __.._ / _ _ _ __

Add'I Copias Rcproducoo -3 _ _ _ __

Speci31 Ol~tribu~on Jl:ZO~ I eo fl;

__H .,)')'I.J"J '\.. I J

NRC April 16, 1993 determination for every product covered by item (10), since exporters would not know how to interpret this requirement. This would be an unnece~ary, and we believe unintended, burden on both exporters and the Commi~ion. Appendix A is intended to define to exporters products subject to NRC control; as written, item 10 does not do so. To avoid any ambiguity, and more specifically define NRC controlled products, we suggest item (10) be written as follows:

(10) Other specially designed or prepared components which (i) are used in any of the products described in this appendix, (ii) are within or attached directly to the reactor vessel, (iii) control the level of power in the core, and (iv) normally contain or come in direct contact with or control the primary coolant of the reactor core. Export licensing authority for "balance-of-plant" nuclear components resides with the Department of Commerce pursuant to 15 CFR Part 799.

The above wording would be consistent with guidelines provided by the NRC to license holders on July 15, 1980.

Should the NRC have any questions relative to these comments, please call the undersigned at (412) 374-3262.

Very truly yours, William S. Hudec Senior License Administrator

/aaa WSH93097:04169~2

The United States NucleAr g1aine O. Hemby Regulatory Commission itRelf Office of International as sitting and th~ Secretary Programs (see 10 CFR 2.808) of that Commission Washington, D. C. 20555

--- J ,Toanna M. Recker Arm NRC Attn: Docketing ~n~ Office of the General Branch Couns . / ~KET NUMBER

~qc '"" ,. , l., '"'(:!"\ ,-11 l E t *,v vi-!...' I -* / / o

,fames M. TRylor D0CICETE1)

Executive Director of ( ~?J FY?.., ~13L/L/)

Jperations APR

• 2 1993 Re: RIN3150-AE31 U. S. ~-Juclear Regul~t OOC1<ETINGI Propo~ed Rule Comrnis::.ion (HRC) SERVICE BRANCH SEOY--NRC 10 GFR PRrt 110 MJTI0N Writer has before him ,q NRG public

• notice (FRN) offered for public comment entitled: "Specific Licensing of Sxports of Certain Alpha-Emitting Ra~ionuclides and Byproduct Material", published in the FederAl Re gister on Mllrch 17, 1993. Such notice is found in Vol. 58, No. SO, at pages lhJ44 to 14)48 (58FR14344-14348).

• The writer received that public notice from the NRC on April 1, 199).

Such notice reads: "Comment period expires April 16, .1?93."

Given th~ proposed suspenRe, tpe writer would be Allowed only 2 weeks to acquire additional information and make meAningful comment.

The writer wishes to review the FRN, and if necessary request additional information, and if appropriate comment on the proposed rule.

• The writer noteR that the Commission has not published procedure/

criteria with respect a requeRt such ns thi~, and that the writer has elsewhere requested ~uch publicAtion.

1~....

Be that AR it :'may be, the writer would requei:;t a 60 dAy extension of the publisp~d comment period.

Vf-'

Please note that this should not be conRidered a comment on the FRN. The writer has not goneto the merit$ of the FRN*proposed rule.

~~/fl~ ~~

Memb~r of Public ox/a411-~~ ~/4__;

Witne~rned :t, r:,h !-tulock Fields Thi~ ~~cond rl~y of April.

U.S r .; i !f:f, t*r .~~-- _, I\ : ;,;'-'** :'G:>r~i;S!O~

!J(~: .*** .. ~~~- :*  ;*:C fiON Cf~ ..*. *. ;*2: 11..::. ~* ...: r:~RV

~.- *!*r-t~ .:~ ... . : .iN P~r-;.,,"!6. r::-: - -~a..Jt. J o..~ --~ l.l:_L'fJ / }A~, lld\; ~ /2../°13 t: '.',: ' .- ~-*:* ,* I_

3 t*::,(/,1i ~.- -. ; : Jz.. :C-YJ5 1-d £. ~ /

DOCKET NUMBER PR . C0py m Secy-Orig.inat sent to ttte PROPOSED RULE-=--==~ ~ ---

1ffice of the Faderal Regi~tif'

( 5s-' FR. Jl/344)

• Chr "L.1 -Aulem qH./11.J if,ITJ -

lJ::, Nf{C

[7590-01]

• 93 MAR 12 A10 :48

'JH ! , F Sf ::.~f Ar f 1jocKi i tNG 1~ E1,v1r:r

~r< ANl~

NUCLEAR REGULATORY COMMISSION 10 CFR Part 110 RIN 3150 - AE31 Specific Licensing of Exports of Certain Alpha-Emitting Radionuclides and Byproduct Material AGENCY: Nuclear Regulatory Co11111ission.

ACTION: Proposed rule.

SUMMARY

The Nuclear Regulatory Convnission (NRC) is proposing to amend its general licenses for the export of special nuclear material, source material, and byproduct material. The amendments are necessary to conform the export controls of the United States to international export control guidelines and treaty obligations. The NRC also is proposing that Appendix A to Part 110 be restructured for clarification and to emphasize the distinction between nuclear reactor equipment controlled by the NRC and the Department of Convnerce.

~ /11,/'1J DATE: Coment period expires (30 days after publicatjon in the Federal Register]. Convnerits received after this date will be considered if it is practical to do so, but the Convnission is able to assure consideration only for tlllllllents received on or before this date. .p};\\'\\~ "'l

2 ADDRESSES: Hail written c0111Dents to: Secretary, -u.s. Nuclear Regulatory Co1T111ission, Washington, DC 20555, Attention: Docketing and Service Branch.

Deliver comnents to: 11555 Rockville Pike, Rockville, Maryland, 20852.

between 7:45 am and 4:15 pm Federal workdays.

Copies of co1T111ents received may be examined at: the NRC Public Document Room, 2120 L Street, NW. (Lower Level), Washington, DC, 20037.

- FOR FURTHER INFORMATION CONTACT: Elaine 0. Hemby, Office of International Programs, Nuclear Regulatory Co1T111ission, Washington, DC 20555, telephone (301) 504-2341, or Joanna M. Becker, Office of the General Counsel, Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 504-1740.

SUPPLEMENTARY INFORMATION:

INTRODUCTION The Nuclear Regulatory Connission (NRC) is proposing to amend its export licensing regulations to conform with the export control guidelines of the international Nuclear Suppliers Group (NSG), the International Atomic Energy List of the Coordinating Colli11ittee for Multilateral Export Controls (COCOM),

and a treaty obligation between the United States and Canada. The NRC would amend its general licenses. for the export of dispersed tritium, bulk tritium,

~

americium-242m, californium-249, californium-251, curium-245, curium-247, and the following alpha-emitting radionuclides: special nuclear material--

plutonium-238; source material--thorium-227, thorium-228, uranium-232; and byproduct material--actinium-225, actinium-227, californium-248, californium-250, californium-252, curium-242, curium-243, curium-244, polonium-208,

3 polonium-209, polonium-210, radium-223, -including compounds and mixtures containing these radionuclides with a total alpha activity of 1 curie per kilogram or greater. The alpha-emitting radionuclides when contained in devices in quantities of less than 100 millicuries of alpha activity per device would continue to be generally licensed for export. Export of the alpha-emitting radionuclides to member states of the NSG would continue to be generally licensed, but export to other countries would require a specific

- license. Each exporter covered by these regulations would have to meet the new requirements, as well as existing regulations.

The NRC also proposes revision of Appendix A to Part 110, which covers the nuclear reactor equipment under the NRC export licensing authority. The proposed revision would aid exporters and U.S. agencies regulating exports in determining the reactor equipment under the NRC jurisdiction.

The following is a summary of the proposed changes and the reasons for the changes:

[1] In the spring of 1992, the international Nuclear Suppliers Group (NSG), in which the United States participates, established common export control guidelines applicable to nuclear-related, dual-use commodities to prevent the proliferation of nuclear weapons. The NRC has licensing authority over two items on the NSG control list, alpha-emitting radionuclides and tritium. The remaining items are subject to the licensing controls of the Department of Commerce and are contained on a list referred to as the Nuclear Referral List. The proposed rule would conform U.S. controls for exports of alpha-emitting radionuclides and tritium to the NSG control list.

To reduce additional requirements imposed on U.S. exporters resulting from the general license revisions, the NRC proposes new general licenses to

4 permit (1) exports of small quantities of alpha-emitting radionuclides to most countries, (2) exports of any quantity of alpha-emitting radionuclides to the member states of the NSG, and (3) exports of dispersed tritium when contained in a product or device in quantities of not more than 40 curies of tritium to the member states of the NSG. The following changes are proposed:

In §110.21, which describes the general licenses for the export of special nuclear material, paragraphs (a)(3) and (b)(l) would be revised to 9 remove plutonium-238 and new paragraphs would be added for the export of plutonium-238 under general license when contained in devices in quantities of less than 100 millicuries of alpha activity per device.

In §110.22, which describes the general licenses for the export of source material, paragraphs (a)(l), (a)(2), (b), and (c) would be revised to remove uranium-232, thorium-227, and thorium-228 and new paragraphs would be added for the export of uranium-232, thorium-227, and thorium-228 under general license when contained in devices in quantities of less than 100 millicuries of alpha activity per device.

In §110.23, which describes the general licenses for the export of byproduct material, paragraph (a)(l) would be revised to add actinium-225, actinium-227, californium-248, californium-250, californium-252, curium-242, curium-243, curium-244, polonium-208, polonium-209, and radium-223 to the list of byproduct material which may not be exported under general license except as authorized in that section. The general license for polonium-210, an alpha-emitting radionuclide, would be revised to clarify that polonium-210 when contained in static eliminators may not exceed 100 millicuries per device or a total of 100 curies per individual shipment. The general license in paragraph (c) covering the export of bulk tritium would be removed. A new

5 general license would be added as paragraph (c) for the export of tritium in dispersed form to NSG member states, not to exceed 40 curies per*item. The general license for tritium in luminescent safety devices installed in aircraft would be changed to specify a limit of 40 curies per light source for this purpose. Some changes would be made of an editorial nature to the general licenses for americium--241, neptunium-237, and tritium in dispersed form to present the provisions in a clear manner.

A new §110.30 to Subpart C would be established that is comprised of the member states of the NSG. The NSG member countries would continue to be eligible recipients under the general licenses for alpha-emitting radionuclides in any quantity and for dispersed tritium when contained in a product or device in quantities of not more than 40 curie*s of tritium.

[2] Because a new §110.30 would be added, some changes would be required in other sections of Part 110. Sections 110.30 and 110.31 would be redesignated as §110.31 and §110.32, and the references to §§110.30 and 110.31

• in §110.7 would be ch~nged to §110.31 and §110.32 to be consistent, as would the reference to §110.31 in §110.30. In §110.20, the references in paragraphs (a) and (f) to general license sections would be revised to add §110.30.

[3] Section 110.22(b) would be revised further to reduce the total quantity of Canadian-origin natural uranium which can be exported under general license to any one country from 1,000 kilograms to 500 kilograms per year. The reduced quantity would provide assurances against inadvertent violation of the U.S.-Canada Agreement for Cooperation.

[4] Section 110.23(a)(l) would be amended to conform the NRC's export regulations with the export guidelines of the Coordinating Committee for Multilateral Export Controls (COCOM), in which the United States participates.

6 The amendment would add americillll-242m, californium-249, californium-251, curium-245 and curium-247 to the list of byproduct material which may not be exported under general license except as authorized in that section.

[S] Appendix A to Part 110 would be amended to clarify the nuclear reactor equipment subject to the NRC licensing authority. Paragraphs (8) and (9} would be redes1gnated as paragraphs (9) and (10), and a new paragraph (8) would be added to cover ftreactor control rods*, as specific nuclear reactor e equipment under the licensing authority of the NRC, but not constituting a utilization facility. Paragraph (10), covering other specially designed or prepared equipment and components controlled by the NRC, would be revised by adding the phrase "that are especially relevant from the standpoint of export control, as determined by the Comission, except for the items licensed by the Department of Co11111erce pursuant to 15 CFR Part 799.* The revision is intended to call attention to the licensing interface with the Department of Co11111erce in respect to exports of incidental reactor equipment and dual-use-items.

[6] In §110.26(a), the reference to paragraph (9) of Appendix A would be changed to paragraph (10) of Appendix A, as would the reference to paragraph (9) of Appendix A in the footnote to §110.42.

The provisions of the Administrative Procedure Act (5 U.S.C. 553),

requiring notice of proposed rulemaking and opportunity for public participation, do not apply, pursuant to 5 U.S.C. 553(a)(l) because the amendments which follow involve a foreign affairs function of the United States. However, because of the i11Portance of the requirements on affected exporters, this proposed rµle is being issued and COD'lllents received will be considered in the development of the final rule. Accordingly, the NRC

7 encourages interested persons who wish to coD1Rent to do so at the earliest ,

possible time to pennit the fullest consideration of their views; Environmental Impact: Categorical Exclusion The NRC has determined that this proposed rule is the type of action described as a categorical exclusion under 10 CFR 51.22{c)(l) and (c)(2).

Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed rule.

Paperwork Reduction Act Statement This proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This rule has been submitted to the Office of Management and Budget for review and approval of the paperwork requirements.

The public reporting burden for this collection of information is estimated to average less than 3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br /> per response, including the time for reviewing instructions, se~rching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send connents regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Information and Records Management Branch (HNBB-7714), U.S.

Nuclear Regulatory Commission, Washington, DC 20555; and to the Desk Officer, Office of Information and Regulatory Affairs, NEOB-3019, {3150-0036 and 3150-0027) Office of Management and Budget, Washington, DC 20503.

8 Regulatory Analysis The Commission has considered alternatives to as well as the costs and benefits of the proposed rule and has concluded that the rule would have a minimum impact on the affected exporters. The export controls of the international Coordinating Convnittee for Multilateral Export Controls (COCOM) and the international Nuclear Suppliers Group (NSG) list certain alpha-emitting radioisotopes, bulk tritium compounds, and the byproduct material americ1um-242m, californium-249 and -251, and curium-245 and -247. The NRC has regulatory authority under the Atomic Energy Act over these materials, and its current regulations permit a person to export these materials to most countries under general license provisions. To implement the export controls of COCOM and the NSG, in which the United States participates, it is necessary for the NRC to amend the general license regulations in §§110.21 through 110.23 for the export of special nuclear material, source material, and byproduct material. This will mean that a person previously using these general license provisions as providing authority to export may be required to submit specific export license applications. There are no alternatives for achieving the stated objective. The proposed rule would satisfy the U.S.

Government's international and treaty obligations.

Based on data obtained from the Department of Energy's national laboratories and industry sources, the proposed general license changes should have a minimal impact on the public since most co11111ercial activity for alpha-emitting radionuclides could continue under general licenses that would be developed to permit exports in small quantities to most countries and in any

9 quantity to the twenty-six eligible countries. The NRC is not aware of any appreciable U.S. export traffic in alpha-emitting radionuclides that would not be covered by the proposed general licenses. Likewise, laboratory personnel indicate that the effect of deleting the bulk tritium general license should be minimal because tritium in bulk form is typically exported in large quantities which already require specific licenses. The foregoing discussion constitutes the regulatory analysis for this proposed rule.

Regulatory Flexibility Certification Based upon the infor,uation available at this stage of the rulemaking proceeding and in accordance with the Regulatory Flexibility Act of 1980 {5 U.S.C. 605{b)), the Co11111ission certifies that this rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. This proposed rule would not affect the export of alpha-emitting radionuclides to those countries where the principal connnercial activity exists or to other countries in de minimis quantities. Likewise, the effect of the proposed rule on small shipments of bulk tritium should be minimal. In all, the proposed amendments of the general licenses contained in Part 110 are expected to result in fewer than ten new export licenses per year.

Any small entity subject to this regulation which determines that, because of its size, it is likely to bear a disproportionate adverse economic impact should notify the Commission.

10 Backfit Analysis The NRC has determined that a backfit analysis is not required for this proposed rule because these amendments do not include any provisions that would require backfits as defined in 10 CFR 50.109(a)(l).

List of Subjects in 10 CFR Part 110 Administrative practice and procedure, Classified information, Criminal penalties, Export, Import, Incorporation by reference, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping 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. 553, the NRC is proposing to adopt the following amendments to 10 CFR Part 110.

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).

11 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 se~. 122, 68 Stat. 939 (42 u..s.c. 2*1s2) 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 110.80-110.113 also issued under 5 U.S.C. 552, 554. Sections 110.130-110.135 also issued under 5 U.S.C. 553.

§110.7 [Amended]

2. In §110.7, second sentence, the reference to "§110.30", where it appears twice, and the reference to *§110.31" are revised to read "§110.31" and *§110.32*.

§110.20 [Aaended]

3. In §110.20, paragraph (a}, the reference to "110.29* is revised to read 110.30" and the reference to "§§110.30-110.31* is revised to read 11

"§§110.31-110.32 11

, and in the first sentence of paragraph (f), the phrase

• §§110.21 through 110.26, 110.28, and 110.29* is revised to read *§§110.21 through 110.26, 110.28, 110.29, and 110.30".

4. In §110.21, paragraphs (a}(3) and (b}(l} are revised and new paragraphs {a}(4} and (c) are added to read as follows:

§110.21 General license for the export of special nuclear material.

(a)* *

• 12 (3) Special nuclear material, other than plutonium-238, in sensing components in instruments, if no more than 3 grams of enriched uranium or 0.1 gram of plutonium or U-233 are contained in each sensing component.

(4) Pluton1u11-238 when contained in devices in quantities of less than 100 millicuries of alpha activity per device.

{b) * * *

(1) Special nuclear material, other than plutonium-238, in individual shipments of 0.001 effectfve kilograms or less (e.g., 1.0 gram of plutonium, U-233 or U-235, or 10 kilograms of 1 percent enriched uranium), not to exceed 0.1 effective kilogram per year to any one country.

(c) A general license is issued to any person to export plutonium-238 to any country listed in §110.30 in individual shipments of 1 gram or less, not to exceed 0.1 effective kilogram per year to any one country.

5. In §110.22, paragraphs (a)(l), (2), (b), and (c) are revised and new paragraphs {a)(3), {4), and (d) are added to read as follows:

§110.22 General 1icense for the export of sou.rce material.

{a)* * *

(1) Uranium or thorium, other than uranium-232, thorium-227, and thorium-228, in any substance in concentrations of less than 0.05 percent by weight.

(2) Thorium, other than thorium-228, in incandescent gas mantles or in alloys in concentrations of 5 percent or less.

(3) Thorium-227 and thorium-228 when contained in devices in quantities of less than 100 millicuries of alpha activity per device.

13 (4) Uranium-232 when contained in devices in quantities of less than 100 millicur1es of alpha activity per device.

(b) A general license is issued to any person to export uranium or thorium, other than uranium-232, thorium-227, or thorium-228, in individual shipments of 10 kilograms or less to any country not listed in §110.28 or

§110.29, not to exceed 1,000 kilograms per year to any one country or 500 kilograms per year to any one country when the uranium or thorium is of

• Canadian origin.

(c) A general license is issued to any person to export uranium or thorium, other than uranium-232, thorium-227, or thorium-228, in individual shipments of 1 kilogram or less to any country listed in §110.29, not to exceed 100 kilograms per year to any one country.

(d) A general license is issued to any person to export uranium-232, thorium-227 and thorium-228 in individual shipments of 10 kilograms or less to any country listed in §110_.30, not to exceed 1,000 kilograms per year to any one country or 500 kilograms per year to any one country when the uranium or thorium is of Canadian origin.

6. Section 110.23 is revised to read as follows:

§110.23 General license for the export of byproduct material.

(a) A general license 1s issued to any person to export the following to any country not listed in §110.28:

(1) All byproduct material (see Appendix F to this part), other than actinium-225, actinium-227, americium-241, americium-242m, californium-248, californium-249, californium-250, californium-251, californium-252, curium-242, curium-243, curium-244, curium-245, curium-247, neptunium-237, polonium-

14 208 1 polonium-209, polonium-210 1 radium-223, and tritium, unless authorized in the general licenses in paragraphs (a)(2) through (a)(lO), (b), and (c) of this section.

(2) Americium-241, except that exports exceeding one curie per shipment or 100 curies per year to any country listed in §110.29 must be contained in industrial process control equipment or petroleum exploration equipment in quantities not to exceed 20 curies per device or 200 curies per year to any

• one country.

(3) Actinium-225 and actinium 227 when contained in devices in quantities of less than 100 millicuries of alpha activity per device.

(4) Californium-248,. californium-250, and californium-252 when contained in devices in quantities of less than 100 millicuries of alpha activity per device.

(5) Curium-242, curium-243, and curium-244 when contained in devices in quantities of less than 100 millicuries of alpha activity per device.

• (6) Neptunium-237 in individual shipments of 1 gram or less, not to exceed 10 grams per year to any one country.

(7) Polonium-208 and polonium-209 when contained in devices in quantities of less than 100 millicuries of alpha activity per device.

(8) Polonium-210 when contained in devices in quantities of less than 100 millicuries of alpha activity per device, except that exports of polonium-4-

210 when contained in static eliminators must not exceed 100 rnillicuries of alpha activity per eliminator or 100 curies per individual shipment.

(9) Tritium in any dispersed fonn (e.g., luminescent light sources, luminescent paint, accelerator targets, calibration standards. labeled

15 l

compounds) when in quantities of 10 curies or less per item, not to exceed 1,000 curies per shipment or 10,000 curies per year to any one country.

(10) Tritium in luminescent safety devices installed in aircraft when in quantities of 40 curies or less per light source.

(b) A general license is issued to any person to export to any country listed in §110.30, actinium-225, actinium-227, californium-248, californium-250, californium-252, curium-242, curiWR-243, curiua-244, polonium-208, polonium-209, polonium-210, and radium-223, except that polonium-210 when contained in static eliminators must not exceed 100 curies per individual shipment.

(c) A general license is issued to any person to export to any country listed in §110.30, tritium in any dispersed form (e.g., luminescent light sources, luminescent paint, accelerator targets, calibration standards, labeled compounds) when in quantities of 40 curies or less per item, not to exceed 1,000 curies per shipment or 10,000 curies per year to any one country.

§110.26 [Amended]

7. In §110.26(a), the reference to "paragraphs (5) through (9) of Appendix A" is revised to read "paragraphs (5) through (10) of Appendix A".

§110.30 and §110.31 [Redes1gnated]

8. Sections 110.30 and 110.31 are redesignated as §110.31 and §110.32.

9. A new §110.30 is added to read as follows:

§110.30 Countries that are Member States of the Nuclear Suppliers Group.

Australia Japan Austria Luxembourg

16 Belgium Netherlands Bulgaria Norway Canada Poland Czech Republic Portugal Denmark Romania Finland Russia France Slovak Republic Germany Spain Greece Sweden Hungary Switzerland Ireland United Kingdom Italy

§110.31 [Amended]

10. In §110.31, in paragraph (d), the reference to "§110.31* is revised to read "§110.32".

§110.42 [Amended]

11. In §110.42, in the second sentence of footnote 2, the reference to "paragraphs (5) through (9) of Appendix A" is revised to read "paragraphs (5) through (10) of Appendix A".

12. Appendix A to Part 110 is revised to read as follows:

Appendix A to Part 110 - Illustrative List of Nuclear Reactor Equipment under NRC Export Licensing Authority.

(1) Reactor pressure vessels - metal vessels, as complete units or as major shop-fabricated parts therefor, specially designed or prepared to contain the core of a nuclear reactor and capable of withstanding the operating pressure of-the primary coolant; (2) Reactor primary coolant pumps - pumps specially designed or prepared for circulating the primary coolant in a nuclear reactor;

17 (3) On-line reactor fuel charging and discharging machines -

manipulative equipment specially designed for inserting or removing fuel in a nuclear reactor capable of on-load operation* (CANDU type};

(4) Complete reactor control rod system - rods specially designed or prepared for the control of the reaction rate in a nuclear reactor, including the neutron absorbing part and the support or suspension structures therefor; (5) Reactor pressure tubes - tubes specially designed or prepared to contain fuel elements and the primary coolant in a nuclear reactor at an operating pressure in excess of 50 atmospheres; (6) Zirconium tubes - zirconium metal and alloys in the form of tubes or assemblies of tubes specially designed or prepared for use in a nuclear reactor; (7) Reactor internals - core support ,structures, control and rod guide tubes, thermal shields, baffles, core grid plates and diffuser plates s_pec i a11 y designed or prepared for use in a nuclear reactor; (8) Reactor con~rol rods - exported separately from those described in paragraph (4) of this appendix; (9) Reactor control rod drive mechanisms, including detection and measuring equipment to detennine flux levels; and (10) Other specially designed or prepared items within or attached directly to the reactor vessel, the equipment which controls the level of power in the core, and the components which normally contain or come in direct contact with or control the primary coolant of the reactor core that are especially relevant from the standpoint of export control, as determined by

18 the Commission, except for items licensed by the Department of Commerce pursuant to 15 CFR Part 799.

Dated In Rockville, Maryland, this  ;;!!2 - day of :;JL.5t!_ , 1993.

For the Nuclear Regulatory Co11111ission.

or for Operations.