ML20205E878

Licensing Requirements for Export of Tritium, 10CFR110 Final Rule.Regulations Amended to Impose More Restrictive Limits on Dispersed Tritium,Contained in Luminescent Light Sources,Under General License

ML20205E878
Person / Time
Issue date:	07/22/1986
From:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML19301D852	List: ML20205E862 ML20205E866 ML20205E873 ML20205E878 ML20205E883 ML20205E892 ML20205E897 ML20205E903 ML20205E908 ML20205E913 ML20205E930 ML20205E933 ML20205E958 ML20205E974 ML20205F004 ML20205H467 ML20205Q699 ML20205S108
References
RULE-PR-110-MISC AC25-2-05, AC25-2-5, NUDOCS 8608190014
Download: ML20205E878 (11)

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NUCLEAR REGULATORY COMMISSION 10 CFR Part 110 Licensing Requirements for the Export of Tritium AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

SUMMARY

The Nuclear Regulatory Comission (NRC) is amending its regulations for the export of tritium under a general license. The revised regulations impose more restrictive limits on the amount of dispersed tritium which can be contained in luminescent light sources and other items exported under the general license. The revision precludes the export of large tritium light sources under the general license unless the light source is installed in an aircraft as a safety device. This action is necessary to address the concerns of the Executive Branch and other governments that the current general license regulations covering tritium luminescent light sources may represent a potential proliferation risk. This amendment also defines tritium in order to clarify its meaning to exporters and to confonn NRC's export regulations with international guidelines.

EFFECTIVE DATE:

l FOR FURTHER INFORMATION CONTACT: Elaine 0. Hemby, Office of International Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555,(301) 492-7984 or Joanna M. Becker, Office of the General Counsel, U.S. Nuclear Regulatory Comission, Washington, DC 20555,(301)492-7630.

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2 SUPPLEMENTARY INFORMATION: The Executive Branch has requested that the NRC amend its regulations concerning the export of tritium contained in luminescent light sources under a general license. This action is being taken as a result of a review of tritium export controls by the NRC and the Executive Branch and consultations with other governments which indicated that the current general license may represent a potential proliferation concern. Section110.23(a)(2) now permits individual shipments of tritium in light sources of up to 10,000 curies to any country except those listed in the embargoed destinations (5110.28) with no other limitations. The general license was intended to cover exports of many small tritium light sources for non-nuclear related commercial products (e.g., watch dials, exit signs, etc.). At the time the current general license was proposed, it was considered unnecessary to impose upper limits on the amount of tritium contained in each light source because most light sources contained only a few millicuries of tritium up to a maximum of 25 curies.

However, in recent years, the maximum size of light sources has increased significantly. For example, tritium light panels when used for remote airfields contain five light sources of 60 curies each, for a total of 300 curies of tritium per panel. In these larger quantities, it becomes technically easier to extract bulk tritium from the light soureci a6 d divert it to proliferation sensitive.end uses. To address this cc ocr~ the current general license provisions of $110.23(a)(2) which now covers tritium in light sources and bl10.23(a)(3) which now covers all other items containing dispersed tritium in quantities of less than 100 curies per item will be combined into a single general license provision. The revised @l10.23(a)(2) will limit exports

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i of tritium in any dispersed form under a general license to 10 curies per item, i

1,000 curies per shipment, and 10,000 curies per person per year to any one e

country. A limited general license authority will be retained at $110.23(a)(3) to allow the continuation of the export of tritium in amounts exceeding 10 curies per item when installed in aircraft as a luminescent safety device. This

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limited general license authority is appropriate because many aircraft tritium light sources exceed 10 curies and, when installed in aircraft, are of minimal proliferation concern.

In sumary, exporters of any item containing dispersed tritium including a luminescent light source in quantities greater than 10 curies per item will be required to obtain a specific NRC license before they may export the item unless the item is a' light source installed in an aircraft as a safety device.

NRC also will be amending its regulations in 9110.2, the list of definitions, to add a definition of tritium reading as follows: " Tritium" means not only i

tritium but also includes compounds and mixtures containing tritium in which the i ratio of tritium to hydrogen by atoms exceeds one part in 1,000. This action clarifies the meaning of tritium to exporters, and also confonns NRC's export regulations with international export control guidelines. Finally, a minor editorial change will be made in the wording of the current general license 1

provision pertaining to the export of bulk tritium in 5110.23(c) for the purpose of making it consistent with the language in the other general license entries.

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The impact of this rulemaking action on exporters is expected to be minimal.

NRC believes less than five exporters of tritium light sources will be affected per year. With respect to exports of other forms of dispersed tritium, NRC also believes less than five exporters will be af fected per year.

Because this rulemaking involves a foreign affairs function of the United States and since the Department of State has requested expeditious action, notice of proposed rulemaking and public procedure thereon are not required by the Administrative Procedure Act (5 U.S.C. 553 (a)(1)), and the final rule may be made effective upon publication in the Federal Register.

ENVIRONMENTAL IMPACT: CATEGORICAL EXCLUSION The NRC has determined that the final rule in Part 110 is the type of action described in 10 CFR 51.22(c)(1). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared.

PAPERWORK REDUCTION ACT STATEMENT i 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 number 3150-0036.

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REGULATORY ANALYSIS The Commission has prepared a regulatory analysis of this final rule. The analysis examines the costs and benefits of the alternatives considered by the Commission. The analysis is available for inspection in the NRC Public Document Room, 1717 H Street, NW, Washington, DC. Single copies of the analysis may be obtained from Elaine Hemby, Office of International Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-7984.

BACKFIT The NRC has determined that the backfit analysis provisions in 10 CFR 50.109 do not apply to amendments to 10 CFR Part 110 because Part 110 applies only to the export and import of nuclear facilities, material, and components and does not deal with domestic facilities. Therefore, a backfit analysis has not been prepared for these amendments.

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i LIST OF SUBJECTS IN 10 CFR PART 110 t

Administrative practice and procedure, Classified information, Export, Import, Incorporation by reference, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Penalty, Reporting and recordkeeping requirements, Scientific equipment.

6 Pursuant to 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 following amendments to 10 CFR Part 110 are published as a document subject to codification.

PART 110 - EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL

1. The authority citation for Part 110 continues 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).

Section 110.1(b)(2) also issued under Pub. L.96-533, 94 Stat. 3138 (42 U.S.C. 2403). Section 110.11 also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152) and secs. 54c. and 57d., 88 Stat. 473, 475 (42 U.S.C. 2074).

Section 110.50(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.

. 7 For the purpose of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); $5110.20-110.29,110.50, and 110.120-110.129 also issued under secs. 161b. and i., 68 Stat.

948, 949, as amended (42 U.S.C. 2201(b) and (i)); and

$110.53 also issued under sec. 1610., 68 Stat. 950, as amended (42 U.S.C. 2201(o)).

2. In 5110.2 a definition of " Tritium" is added after " Transport" to read as follows:

5110.2 Definitions.

"Tri tium" means not only tritium but also includes compounds and mixtures containing tritium in which the ratio of tritium to hydrogen by atoms exceeds one part in 1,000.

3. In 5110.23, paragraphs (a)(2), (a)(3), and (c) are revised to read as follows:

5110.23 Export frf byproduct material.

(a) * *

• 8 (2) Tritium in any dispersed form (e.g., luminescent light sources, luminescent paint, accelerator targets, calibration standards, labeled compounds) in quantities of 10 curies or less per item. No person may export more than 1,000 curies per shipment or 10,000 curies per year to'any one country.

(3) Tritium in luminescent safety devices installed in aircraft.

(c) A general license is issued to any person to export bulk, undispersed tritium in individual shipments of 100 curies or less to any country not listed in 9110.28 or 9110.29. flo person may export more than 10,000 curies per year to any one country.

Dated at Bethesda, Maryland, this dA day of <St , , 1986,

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For the Nuclear Regulatory Connission, re Wctor Executive Stello, Jr.f'[for Directsf Operations.

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DAILY STAFF NOTES

_ 0FFICE OF INTERNATIONAL PROGRAMS Final Rule to be Signed by the ED0 On *1 59 2,2 , , 1986, the Executive Director for Operations approved a final rule which amends 10 CFR Part 110 Subpart C - General Licenses 5110.23, Export of Byoroduct Material. This rule amends the general license for the export of tritium when con.tained in luminescent light sources by limiting the quantity of material permitted for export under general license. The revisions will oreclude the exnort of large tritium light sources under general license except when the sources are installed in aircraft as safety devices. This action addresses the-concern that exports of tritium contained in large luminescent light sources represent a potential proliferation concern because the larger amounts of tritium could more easily be extracted as bulk tritium and diverted to proliferation sensitive end uses.

This constitutes notice to the Commission that, in accordance with the rulemaking authority delegated to the E00, the ED0 has signed this rule and proooses to forward it on  % 30,mB6 to the Office of the Federal Register for publication, unless otherwise directed by the Commission.

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