[Federal Register Volume 59, Number 185 (Monday, September 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23464]


[[Page Unknown]]

[Federal Register: September 26, 1994]


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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 Commission.

ACTION: Final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations to 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; 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; 
remove Argentina, Brazil, and Chile from the list of restricted 
destinations; and 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.

EFFECTIVE DATE: November 10, 1994.

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

SUPPLEMENTARY INFORMATION:

I. Background

    On March 17, 1993 (58 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 1/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, 
einsteinium-255, fermium-257, gadolinium-148, mendelevium-258, 
polonium-208, polonium-209, polonium-210, and radium-223 (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).
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    \1\Tritium and reactor produced alpha-emitting radionuclides are 
the two commodities 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.
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    The current general license for source material in Sec. 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. Comments on the Proposed Rule

    The Commission received six letters commenting on the proposed 
rule. Copies of the letters are available for public inspection and 
copying for a fee at the Commission'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 commenters strongly objected to the revocation of 
the general licenses for the specified alpha-emitting radionuclides, 
particularly californium-252 (Cf-252). The commenters indicated that 
the specific licensing requirements could result in serious economic 
disadvantage to their export business. It is their view 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 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 defaults 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 
contracts. One commenter has committed 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 Commerce. 
The commenter believed that the proposed amendment could result in 
increased confusion for exporters. In view of this comment, the 
Commission defers consideration of the revision of Appendix A to a 
future rulemaking.
    The same commenter 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 Secs. 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 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 Sec. 110.29. Since publication of the 
proposed rule, Argentina and Brazil have ratified and begun 
implementation of the Argentina/Brazil/IAEA 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 unlimited 
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 
Sec. 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 
Sec. 110.29; and (3) Argentina is added to the NSG member list in 
Sec. 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)(1)) and 10 CFR 
110.132(e) and 110.134. Here solicitation of public comments 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)(1) 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 hours 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. Send 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.

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 substantial 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, the NRC, 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 reactors 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 hours for an 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 international obligation of the United States. 
The foregoing discussion constitutes the regulatory flexibility 
analysis and the regulatory analysis for this final rule.

Backfit Analysis

    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)(1).

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 110.1(b)(2) and 110.1(b)(3) also issued under Pub. L. 
96-92, 93 Stat. 710 (22 U.S.C. 2403). Section 110.11 also issued 
under sec. 122, 68 Stat. 939 (42 U.S.C. 2152) and secs. 54c and 57d, 
88 Stat. 473, 475 (42 U.S.C. 2074). Section 110.27 also issued under 
sec. 309(a), Pub. L. 99-440. Section 110.50(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 Sec. 110.2, a definition for Specific activity is added in 
alphabetical order to read as follows:


Sec. 110.2  Definitions.

* * * * *
    Specific activity (millicuries per gram) equals 3.575 x 108 
divided by (the atomic weight times the half life in years).
* * * * *


Sec. 110.4  [Amended]

    3. In Sec. 110.4, first sentence, 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''.


Sec. 110.7  [Amended]

    4. In Sec. 110.7, second sentence, the reference to ``Sec. 110.31'' 
is revised to read ``Sec. 110.32'' and the reference to 
``Sec. 110.30'', where it appears twice, is revised to read 
``Sec. 110.31''.


Sec. 110.20  [Amended]

    5. In Sec. 110.20, paragraph (a), the reference to ``110.29'' is 
revised to read ``110.30'' and the reference to ``Secs. 110.30-110.31'' 
is revised to read ``Secs. 110.31-110.32'', and in the first sentence 
of paragraph (f), the phrase ``Secs. 110.21 through 110.26, 110.28, and 
110.29'' is revised to read ``Secs. 110.21 through 110.26, 110.28, 
110.29, and 110.30''.
    6. In Sec. 110.21, paragraphs (a)(3) and (b)(1) are revised and new 
paragraphs (a)(4) and (c) are added to read as follows:


Sec. 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 kilogram 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 Pu-236 or 
Pu-238 to any country listed in Sec. 110.30 in individual shipments of 
1 gram or less, not to exceed 100 grams per year to any one country.

    7. In Sec. 110.22, paragraphs (a)(1), (a)(2), (b), and (c) are 
revised and new paragraphs (a)(3) and (d) are added to read as follows:


Sec. 110.22  General license for the export of source material.

    (a) * * *
    (1) Uranium or thorium, other 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 
Sec. 110.28 or Sec. 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 Sec. 110.29, 
not to exceed 100 kilograms per year to any one country.
    (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 Sec. 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:


Sec. 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 Sec. 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 Sec. 110.2 for specific 
activity) per device or source, except that exports of 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 Sec. 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 any 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 Sec. 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.
    (c) A general license is issued to any person to export to the 
countries listed in Sec. 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.


Sec. 110.29  [Amended]

    9. In Sec. 110.29 remove footnote 1 and the countries of 
``Argentina'', ``Brazil'', and ``Chile''.


Secs. 110.30 and 110.31  [Redesignated]

    10. Sections 110.30 and 110.31 are redesignated as Sec. 110.31 and 
Sec. 110.32.
    11. A new Sec. 110.30 is added to read as follows:


Sec. 110.30  Members of the Nuclear Suppliers Group.

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


Sec. 110.31  [Amended]

    12. In Sec. 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 
``Sec. 110.31'' is revised to read ``Sec. 110.32''.
    13. In Sec. 110.43, paragraph (a) is revised to read as follows:


Sec. 110.43  Physical security standards.

    (a) Physical 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 any changes made to the material 
incorporated by reference will be published in the Federal Register. 
Copies 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 available for 
inspection at the library of the Office of the Federal Register, 800 N. 
Capitol Street, NW., suite 700, Washington, DC.
* * * * *


Sec. 110.50  [Amended]

    14. In Sec. 110.50, paragraph (b)(3), sentences one, two, and 
three, 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''.

Appendix F--[Amended]

    15. Appendix F to Part 110 is amended to add, in alphabetical 
order, curium-240 (Cm-240), curium-241, (Cm-241) einsteinium-252 (Es-
252), einsteinium-253 (Es-253), einsteinium-254 (Es-254), einsteinium-
255 (Es-255), fermium-257 (Fm-257), gadolinium-148 (Gd-148), and 
mendelevium-258 (Md-258).

    Dated in Rockville, Maryland, this 16th day of September, 1994.

    For the Nuclear Regulatory Commission.
John C. Hoyle,
Acting Secretary of the Commission.
[FR Doc. 94-23464 Filed 9-23-94; 8:45 am]
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