ML20203L539
| ML20203L539 | |
| Person / Time | |
|---|---|
| Issue date: | 04/01/1986 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| Shared Package | |
| ML20203L508 | List: |
| References | |
| FOIA-86-126, FOIA-86-127, FOIA-86-131, FOIA-86-166, FOIA-86-201, FOIA-86-209, FOIA-86-263, FOIA-86-80, FOIA-86-82, RULE-PR-110 NUDOCS 8608270362 | |
| Download: ML20203L539 (7) | |
Text
g-NUCLEAR REGULATORY C0'NISSI0'l o 10 CFR Part 119 Licensing Requirements for tne Export of Nuclear Eauipment and Material AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
SU?i'tARY: The Nuclear Regulatory .Comission (NRC) is amendina its reculations pertaining to the exoort of nuclear equipment and material: (1) to require certain holders of export licenses to notify the Ccmmission in writing at least 40 days prior to exoorting Canadian-origin nuclear material or equinment; (2) to expand the general license for byproduct material to cover the export of americium-241 contained in industrial orocess control equinment; and (3) to update the list of countries in the provisions setting out restricted destinations (f110.29) by deleting from the list certain countries that recently have adhered to the Nuclear Non-Proliferation Treaty (NPT). This action is necessary to implement portions of the U.S./ Canada Aareement for Cooperation, to correct an oversight in the current regulations, and to continue the policy of
, facilitating nuclear cooperation with countries sharing the non-proliferation goals of the United States.
l EFFECTIVE DATE:
FOR FURTHER INF0T4ATION C0'lTACT: Elaine 0. Hemby, Office of International Programs, U.S. Nuclear Regulatory Commission, !!ashington, DC 20555, (391) 492-7984 or Joanna Becker, Office of the Executive Leoal Director, U.S. Nuclear Regulatory Commission, Washington, DC 21555, (301) 492-7630.
SUPPLE'4ENTARY INFOR'4ATION: The Executive Branch has reouested the NRC to amend its regulations in ll10.59(h)(3) concerning the notification of the exnort of foreign-origin nuclear material or equipment so that it will include ,
8608270362 860826 /
,, 2 i
, Canadian-origin nuclear material and equipment in addition to Australian-origin nuclear material and equipment. This action will carry out Article XII, paragraph D of the U.S./ Canada Agreement for Coooeration which requires the consent of Canadian authorities before the Canadian-origin nuclear material and equipment may be exported from the United States. In most cases, Canadian authorities have given their prior consent for retransfer at the time the material is imported into the United States. In other cases, where the country of origin is not known at the time IRC issues the license, the license holder or applicant must notify fiRC in writing at least 40 days nrior to actual export of the material or equipment in order to obtain United States Government authorization should the nuclear naterial or equipment be determined to be Canadian origin. The flRC will consult with the Executive Branch to obtain Canadian consent for the shipment. During this period, the licensee may not ship the nuclear material or equioment until authorized by fRC. Consultations normally will be completed well within 40 days.
The flRC is also amending its requlations concerning the restrictions on exoorts of hyproduct material under the general license set out in fl10.23(b). This amendment will allow the exoort of americium-241 contained in industrial nrocess control equipment. This anendment corrects an oversight in the current general license regulations covering anericium-241 which now prohibit the exnort of americiun-241 excaeding one curie oer shinment or 100 curies ner year to countries listed in 5110.29 unless it is contained in netroleum exoloration equipment. Because it was never the intention of the Connission to prohibit excorts of americium-241 for legitinate commercial use, the reaulation will b3 amended to correct this oversicht.
3 The NRC is also amending its regulations in 5110.29, the list of restricted destinations for exporting nuclear materials and equipnent under general licenses, in order to delete the following countries: Belize, Bhutan, Equatorial Guinea, Kiribati, St. Vincent and the Grenadines, and Seychelles.
These countries are recent adherents to the NPT. This amendment removes soecial restrictions on the export of nuclear material and equipment to certain countries which have adhered to the NPT, thereby continuing the United States Government policy of facilitating nuclear cooperation with countries sharing U.S non-proliferation goals. Because these amendments involve a foreign affairs function of the United States, the Administrative Procedure Act orovisions governing rulemaking do not aoply to this action (5 U.S.C. 553 (a)(1)).
Therefore, a notice of proposed rulemaking is not required for this action and the final rule may be made effective upon oublication in the Federal Register.
ENVIRON *1 ENTAL If1 PACT: CATE9ORICAL EXCLUSION:
The NRC has determined that the amendments to Part 119 in this reaulation are the type of action described in 10 CFR 51.22(c)(1). Therefore, neither an environmental impact statement nor an environmental assessment has been orepared for this regulation.
PAPERNORK RE9UCTION ACT STATE' TENT This final rule does not contain a new or amended information collection requirement subject to the Pacerwork Reduction Act of 19S9 (44 U.S.C. 3501 et
. seq.). Existing requirements were aporoved by the Office of 'tanagement and Budget aoproval nunber 3150-1936.
4 REGULATORY ANALYSIS The Commission has prepared a regulatory analysis of this final regulation.
The analysis examines the costs and benefits of the alternatives considered by the Commission. The analysis is available fer. inspection in the NRC Public Document Room,1717 H Street, N',!, 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 provisions in 10 CFR 550.109 do not apply to amendments to 10 CFR Part 110 rule changes, since the regulations in Part 110 apply only to the export and import of nuclear facilities, material, and components and have no impact on domestic facilities. Therefore, a backfit
- analysis has not been prepared for these amendments.
LIST OF SUBJECTS IN 10 CFR PART 110 Administrative practice and procedure, Classified information, Export, i
Import, Incorporation by reference, Intergovernmental relations, Nuclear
- materials, Nuclear power plants and reactors, Penalty, Reoorting and T
recordkeeping requirements, Scientific equipment.
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 anendnents to 10 CFR Part 110 are oublished as e document subject to codification.
5
. PART 110 - EXPORT AND IMPORT OF NUCLEAR E0 VIP'1ENT AND *1ATERIAL
- 1. The authority citation for Part 110 continues to read as follows:
AUTHORITY: Secs. 51, 53, 54, 57, 63, 64, 65, 81, 62, 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.96-531, 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(42U.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 110.139-110.135 also issued under 5 U.S.C. 553.
For the purpose of sec. 223, 63 Stat. 958, as anended (42 U.S.C. 2273); 99110.20-110.29,110.50, and 110.120-110.129 also issued under secs.161b. and i., F8 Stat.
943, 949, as amended (42 U.S.C. 2201(b) and (i)); and
- 110.53 also issued under sec. 1610., 68 Stat. 950, as anended (42 U.S.C. 2201(o)).
r 6 t 2. In s110.23, paragraph (b) is revised to read as follows:
s110.23 Export of byproduct material.
(b) A general license is issued to any person to export americium-241 to any country not listed in S110.28, except that exports of americium-241 exceeding one curie per shipment or 100 curies per year to any country listed in s110.29 -
(1) Must be contained in industrial process control equipment or petroleum exploration equipment in quantities not exceeding 20 curies per device; and .
l (2) May not exceed 200 curies per year to any one country.
- 3. Section 110.29 is revised to read as follows:
s110.29 Restricted destinations.
Afghanistan Guyana Pakistan Albania India Qatar Algeria Iran Saudi Arabia Andorra Iraq South Africa Angola Israel St. Kitts Argentina Kuwait Syria Bahrain Libya Tanzania Brazk1 Malawi United Arab Emirates Burma Mauritania Vanuatu Chile ftozambique Yemen Arab Republic Conoros fliger Zanbia Djibouti Onen Zinbabwe
,*,~.
7 l
- 4. In 5110.50, paragraph (b)(3) is revised to read as follows.
5110.50 Terns. ,
l (b) * * *
(3) Unless a license specifically authorizes the export of foreign-origin nuclear material or equipment, a licensee shall notify in writing the Assistant Director for Export / Import and International .
Safeguards at least 40 days prior to export of Australian-origin or Canadian-origin nuclear material or equipment. A licensee may not ship this material or equipment until authorized by the Assistant Director for Export / Import and International Safeguards. The Assistant Director will not authorize shipnent until after obtaining the consent of the Australian Government for Austre11an-origin material or the Canadian Government for Canadian-origin material.
Dated at Bethesda, Maryland, this 1st day of April ,1986.
For the Nuclear Regulatory Commission.
,W ?
/ Yf M Vrctor Stello, Jr,/ /
ActingExecutive[ Dire'ctor for Operations