ML20205E958
| ML20205E958 | |
| Person / Time | |
|---|---|
| Issue date: | 05/15/1986 |
| From: | James Shea NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| To: | Cunningham G, Jennifer Davis, Minogue R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES), NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| Shared Package | |
| ML19301D852 | List: |
| References | |
| RULE-PR-110 AC25-2-16, NUDOCS 8608190043 | |
| Download: ML20205E958 (15) | |
Text
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. [gcc: UNITED STATES \S, A C. 2. 5 h f g NUCLEAR REGULATORY COMMISSION
{ ,g WASHINGTON, D. C. 20555 g g,
% ,/ MAY 151966 l
MEMORANDU'1 FOR: Robert B. !!inocue, Director Office of Nuclear Reaulatory Reseach Guv H. Cunninchan, III Executive Leoal Director Jnhn ':. Davis , Director Office of Nuclear '!aterial Sa#ctv and Safeguard:
Janes '1. Taylor, Director Office of Insoection avl Enforcemant G. ayna v err, 9frector Office of St9te Dronrams Pa tricia. O. ?lorry, Director Office of Administration Ronald . Scroagins, Director Office of Resource Mananerrent Harold R. Denton, Director Office of Nuclear Reactor Reculation FR0'i: James R. Shea, Director Office of International Programs SU3 JECT:
FINAL RULE N4ENDING NRC'S GENERAL LICE llSE RElflLATIO'IS FnR THE EXPORT OF 3YDR30UCT MATERIAL (la CFR PART lin) -
Enclosed is a draf t final rule with enclosures shich covers amendments to NRC's general license regulations pertaining to the export of tritium.
Please provide your comments on this rule by ' fay 30,19f'6. If you have any questions, please contact Elaine riemby of my staff on ext. 27984. Your comments ,
will be considered in the preosration of the fin 91 cackace which will be forwarded to EDO in June.
c B608190043 860813 PUR PR PDR 10 Misc J mes R. Shea, Director fice of International Procrams
Enclosures:
- 1. Draft ED0's " Approved for Publication" Notice
- 2. Federal Register Document
- 3. Regulatory Analysis
- 4. Draft Daily Staff Notes Item
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Approved for Publication The Commission delegated to the E90 (19 CFR 1.40(c) and (d)) the authority to develon and promulgate rules as defined in the APT (5 U.S.C. 551(a)) subject to the limitations in NRC Manual Chaoter 01q1, ornanization and Functions, Office of the Executive Director for Onerations, naranranhs 0211, n19, oli, and 0919 The enclosed rule will amend Part lla rerulations nertaininq to the exoort of byproduct material by imoosing nore restrictive unner limits on the exnort under ceneral license of tritium contained in luminescent linht sources; therebv precludino the exnort of larve tritiun licht sources under neneral license except when the sources are installed in aircraft.
The final rule does not constitute a sinnificant nuestion of nolicv, nor does it amend reaulations contained in 10 CF'. Parts 7, 8, or o Subpart C concerninq matters of policv. I therefore find that this rule is within the scone of my rulemaking authority oursuant to 19 CFR 1.10(d)(?) and am nroceedinn to issue it.
Date TictoV Stello, Jr.
Executive Director for Ooerations
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NUCLEAR REGULATORY C0'1'1ISSION 10 CFR Part 110 Licensing Reauirements for the Exoort of Byproduct ' Material AGENCY: 'luclear Repulatory Conmission.
ACTION: Final rule.
SU"1ARY: The Nuclear Regulatory Connission ('iRC) is amending the caneral license regulations nertainino to the exoort of tritiun when contained in luminescent light sources. The revisions inoose more restrictive unner limits on the arount of tritium that can be contained in each licht source nernitted for exoort under ceneral license and nreclude the exoort of large tritium liqht sources under general license excent when installed in aircraft as safety devices. This action is necessary to address the concerns of the Executive Branch and other covernments that the current oeneral license regulations covering tritium luminescent licht sources may reoresent 'a notential proliferation risk.
EFFECTIVE DATE:
FOR FURTHER INFORMATION CONTACT: Elaine 0. Henby, Office of International Pronrams, U.S. Nuclear Regulatory Conmission, Washinnton, DC 2q555, (301) 492-7984 or Joanna Becker, Office of the Executive Leoal Director, U.S. Nuclear Regulatory Commission, Washinaton, DC ?1555, (301) 492-7630.
SUPPLEMENTARY INFORMATION: The Executive Branch has requested the NRC to amend the neneral license regulations set out in 5110.23(a)(2) concernina the export of tritium contained in luminescent light sources. This action is being taken as a result of a review of tritium exoort controls by HRC and the Executive Branch and consultations with other governments which indicated that
I 2 the current general license may represent a potential proliferation concern.
Section 110.23(a)(2) now permits individual shipments of tritium in light sources of up to 10,000 curies to any country excent those in the enbaraoed destinations list (s110.23) with no other limitations. The ceneral license was intended to cover exnorts of many small tritium licht sources for non-nuclear related comercial products (e.o., watch dials, exit signs, etc.). At the time the current ceneral license was nrocosed, it was considered unnecessary to impose upner limits on the arount of tritium contained in each licht source because nost light sources contained oniv a few millicuries of tritium un to a maxinun of 25 curies. However, in recent years, the naxinun size of linht sources has increased significantly. For examle, tritium licht nanels when used for remote airfields contain five licht sources of M curies each, for a total of 300 curies of tritium ner canel. In these larger quantities, it becomes technically easier to extract bulk tritium from the linht sources and divert it to nroliferation sensitive end uses. To address this concern, the revised regulation limits the export of tritiun light sources under neneral license to 10 curies 'per source,1,000 curies oer shinnent, and 10,000 curies oer person per year to any one country; therebv precluding exnorts of these large tritium light sources under ceneral license.
A related amendment adds a new subsection to the general license to allow the l
export of tritium in luminescent safety devices when installed in aircraft.
l l This amendment is necessary because many aircraft tritium light sources exceed 10 curies and, therefore, are not covered under the revision to subsection i 110.23(a)(2). 'he new subsection 110.23(a)(3) oermits all tritiun light sources when installed in aircraft as safety devices to continue to be exnorted under the general license.
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) 3 In summary, exporters of luminescent light sources which contain tritium in quantities greater than 10 curies per source now are required to obtain specific NRC licenses before exnort excent for linht sources installed in aircraft as safety devices.
The impact of this rulemakina action on exoorters is exnected to be mininal.
flRC believes less than 5 holders of exnort licenses ner vear i'ill be affected.
Because these amendnents involve a foreign affairs function of the United States, the Administrative Procedure Act provisions noverninn rulenakinq do not annly to this action (5 U.S.C. 553 (a)(i)). Therefore, a notice of nronosed rulenaking is not required for t51s action and the final rule may be made effective upon publication in the Federal Penister.
EINIR0TTE'lTAL IMPACT: CATE90RICAL EXCLUSIO.*l:
The NRC has determined that the amendments to Part 119 in this requlation are the tyne of action described in 19 CFR 51.27(c)(1). Therefore, neither an environmental imnact statenent nor an environmental assessnent has been nrenared for this regulation.
PAPER 40RK REDUCTIO 4 ACT STATE'1ENT This final rule does not contain a new or amended information collection requirement subject to the Pacerwork Reduction Act of 1080 (44 U.S.C. 3501 et seq.). Existing requirements were aoproved by the Office of "anagement and Budget aoproval number 3150-0036.
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der,ULAT,0RY ANALYSIS The Conmission has prenared a regulatory analysis of this final reculation.
The analysis examines the costs and benefits of the alternatives considered by the Commission. The analysis is avai3able for insnection in the NRC Dublic Document Room, 1717 H Street, NM, Nashincton, DC. Sinqle cooias of the analysis may be obtained fron Elaine Hemhv, nffice of International Pronrans, U.S. Nuclear Renulatory Commission, Mashington, DC Pr.555, telephone (101) 492-7984.
BACKFIT The NRC has determined that the backfit orovisions in 19 CFR 950.109 do not apply to amendments to 10 CFR Part 110 rule channes, since the renulations in Part 110 acoly only to the excort and imnort of nuclear facilities, naterial, and comnonents and have no innact on domestic facilities. Therefore, a backfit analysis has not been prepared for these anendnents.
LIST OF SUBJECTS IN 10 CFR PART 110 Administrative practice and procedure, Classified information, Excort, Import, Incorporation by reference, Intercovernmental relations, Nuclear materials, Nuclear power plants and reactors, Penalty, Reportina and recordkeeping requirements, Scientific equinnent.
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 oublished as a docunent subject to codification.
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PART 110 - EXP0RT AND IMPORT OF NUCLEAR EQUIP'1ENT AM9 *fATEDIAL
- 1. The authority citation for Part 110 continues to read as follows:
i AUTil0RITY: Secs. 51, 53, 54, 57, 43, 64, 65, 31, 31, 193, 104, 109, 111, 126, 127, 123, 120, 161, 131, 132, 183,187, IS9, 63 Stat. 920, 030, 931, 932, 933, 93F, 937, 948, 953, 954, 055, 054, as anended (42 U.S.C. ?^71, 2073, 2074, 2177, 2002-2105, 2111, 2112, 2133, 2134, 21 9 ,
2130a,2141,2154-2159,2231,2?31-2233,2237,2239);
sec. 201, 38 Stat.1242, as amended (42 U.S.C. 58al).
Section 119.l(b)(2) also issued under Pub. L. 9F-533, 94 Stat. 3138 (a2 U.S.C. 2a33). Section 119.11 also issued under sec. 122, 63 Stat. 439 (32 U.S.C. 2152) and secs. 54c. and 57d., 88 Stat. 473, 475 (42 U.S.C. 2073).
Section 110.50(b)(3) also issued under sec. l?3, 92 Stat.
142 (A2 U.S.C. 2153). Section 110.51 also issued under sec. 184, 68 Stat. 954, as anended (42 U.S.C. 2234). Section 110.52 also issued under sec. 186, 68 $ tat. 955 (42 U.S.C. 2236), Sections 110.80-110.113 also issued under 5 U.S.C. S'2, 554. Sections 110.130-110.135 also issued under 5 U.S.C. 553.
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For the ouroose of sec. 223, 68 Stat. 958, as anended (42 U.S.C. 2273); 55110.20-119.20, 119.59, and 119.129-110.129 also issued under secs.161b. and f., 68 Stat.
948, 949, as amended (a2 U.S.C. 2201(b) and (i)); and 5110.53 also issued under sec. 1610., 68 Stat. 959, as amended (42 U.S.C. 2211(o)).
- 2. In 5119.23, paragraoh (a)(2) ~is revised and a neur caranraoh (a)(3) is added to read as follows:
1110.23 Exoort of byoroduct material.
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(2). Tritium in luminescent light sources containino 10 curies or less ner source. No person may exoort nore than 1,000 curies ner shionent or 10,009 curies per yea'e to any one country.
(3) Tritium in luminescent safety devices f asta11ed in aircraft.
Dated at Bethesda, fiaryland, this day of ,1986 For the Nuclear Regulatory Connission.
Victor Stello, Jr.
Executive Director for Goerations I
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i ENCLOSURE 3 l-r i
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REGULATORY ANALYSIS AMENDMENTS TO 10 CFR PART 110
- 1. STATEMENT OF PROBLEM The Executive Branch is concerned that the current aeneral license provision covering the export of tritium contained in luminescent light sources may renresent a potential nroliferation risk. At the tine the current general license was nronosed, it was considered unnecessary to imaose uooer limits on the amounts of tritium contained in each licht source because of the small amounts used. Houlever, since the time the general license was aooroved, the maxinun size of light sources has increased significantly. In these larqer quantities, it becones technically easier to extract bulk tritiun from the light sources and oossibly divert it to proliferation sensitive end uses.
- 2. OBJECTIVES NRC's objective in develoning the amendments is to address any oroliferation concerns while at the same time continuine NRC's efforts to simplify and clarify licensing requirements for exoorts of minor quantities of nuclear material, including tritium. This rule imposes limits on exports of tritium light sources; orecluding their export under general license unless they are installed in aircraft as safety devices or contain
- less than 10 curies per light source.
- 3. ALTERNATIVES There are no reasonable alternatives for achieving the stated objectives.
The NRC and anpropriate Executive Branch agencies carefully structured the amendments in order to ensure that NRC's export controls with resnect to i
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2 nuclear material with ootential nuclear nroliferation concerns are maintained while at the same tine mininizinq the reculatory innact on tritium exporters.
- 4. CONSEQUENCES Neither of the arendments will have an adverse effect on the Commission's responsibility for nrotectinn the public health and safety and the common defense and security. MRC has contacted the orincipal exnorters affected by the revision and it is estinated that only aooroximately 5 additional export license actions per year will be necessitated by the new amendnents.
For legitimate end-users, the NRC is orecared to consider broad multi-year soecific export licenses for large licht sources which will minimize any additional administrative burdens.
- 5. DECISION RAfl0NALE The amendments maintain the nroper balance between eliminating the regulatory burdens on the public and continuinn the Commission's rigorous controls on nuclear material with notential oroliferation Concerns.
- 6. IMPLEMENTATION There are no constraints in imolenenting the amendments immediately.
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ENCLOSURE 4 1
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9AILY STAFF NOTES '
0FFICE OF I?lTERNATIONAL PR09RA'1S Final Rule to be Signed by t') ED0 On ,1986, the Executive Director for Onerations anoroved a final rule which anends 11 CFR Part llo Subnart C - General Licenses $119.23, Exoort of Bynroduct 'iaterial. This rule amends the general license for the export of tritiun when contained in luminescent light sources by limiting the quantity of naterial permitted for exoort under ceneral license. The revisions will oreclude the exnort of larne tritium light sources under qeneral license excent iihen the sources are installed in aircraft as safety devices. This action addresses the concern that exoorts of tritiun contained in larne luminescent light sources renresent a potential oroliferation concern because the larner amounts of tritiun 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 rulemakino authority delenated to the EDO, the ED0 has signed this rule and nronoses to forward it on _ . to the Office of the Fedcral Register for publication, unless otherwise directed by the Commission.
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