[Federal Register Volume 69, Number 179 (Thursday, September 16, 2004)]
[Proposed Rules]
[Pages 55785-55790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20855]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 69, No. 179 / Thursday, September 16, 2004 /
Proposed Rules
[[Page 55785]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 110
[3150-AH44]
Export and Import of Nuclear Equipment and Radioactive Materials:
Security Policies
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend
its regulations pertaining to the export and import of nuclear
equipment and radioactive materials. This proposed rule is intended to
reflect recent changes to the nuclear and radioactive material security
policies of the Commission and the Executive Branch, for the import and
export of radioactive material. A specific license will be required for
the import and export of high-risk radioactive material.
DATES: Submit comments by November 30, 2004. Comments received after
this date will be considered if it is practical to do so, but the
Commission is able to assure consideration only for comments received
on or before this date.
ADDRESSES: You may submit comments by any one of the following methods.
Please include the following number RIN 3150-AH44 in the subject line
of your comments. Comments on rulemakings submitted in writing or in
electronic form will be made available to the public in their entirety
on the NRC rulemaking Web site. Personally identifiable information,
such as your home e-mail address, will not be removed from your
comments.
Mail comments to: Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
E-mail comments to: [email protected]. If you do not receive a reply e-
mail confirming that we have received your comments, contact us
directly at (301) 415-1966. You may also submit comments via the NRC's
rulemaking Web site at http://ruleforum.llnl.gov. Address questions
about our rulemaking Web site to Carol Gallagher (301) 415-5905; e-mail
[email protected]. Comments can also be submitted via the Federal Rulemaking
Portal http://www.regulations.gov.
Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m. Federal workdays. (Telephone
(301) 415-1966).
Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at
(301) 415-1101.
Publicly available documents related to this rulemaking may be
viewed electronically on the public computers located at the NRC's
Public Document Room (PDR), O1 F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland. The PDR reproduction contractor
will copy documents for a fee. Selected documents, including comments,
may be viewed and downloaded electronically via the NRC rulemaking Web
site at http://ruleforum.llnl.gov.
Publicly available documents created or received at the NRC after
November 1, 1999, are available electronically at the NRC's Electronic
Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this
site, the public can gain entry into the NRC's Agencywide Document
Access and Management System (ADAMS), which provides text and image
files of NRC's public documents. If you do not have access to ADAMS or
if there are problems in accessing the documents located in ADAMS,
contact the NRC Public Document Room (PDR) Reference staff at 1-800-
397-4209, 301-415-4737 or by e-mail to [email protected].
FOR FURTHER INFORMATION CONTACT: Suzanne Schuyler-Hayes, Office of
International Programs, U.S. Nuclear Regulatory Commission, Washington
DC. 20555-0001, telephone (301) 415-2333, e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
Background
As a result of the terrorist attacks in the United States on
September 11, 2001, the Nuclear Regulatory Commission has undertaken a
comprehensive review of nuclear and radioactive material security
requirements, with particular focus on high-risk radioactive material.
This material, including certain quantities of cobalt-60, cesium-137,
iridium-192 and americium-241 isotopes, has the potential to be used in
a radiological dispersal device (RDD) or a radiological exposure device
(RED) in the absence of proper security measures. This review takes
into consideration the changing domestic and international threat
environments and related U.S. Government supported international
initiatives in the nuclear security area, particularly activities
conducted by the International Atomic Energy Agency (IAEA).
Recently, the Commission issued a series of domestic Orders
concerning security measures applicable to high-risk radioactive
material. These Orders include enhanced security requirements which are
also known as ``Additional Security Measures,'' or ASMs. The ASMs have
been issued to domestic licensees of the NRC and Agreement States,
under the Commission's exclusive authority to provide for the common
defense and security. They have not been made available to the general
public because they contain sensitive security information that is
protected for public disclosure as Safeguards information in accordance
with section 147 of the Atomic Energy Act. The ASMs include several
provisions that pertain to export and import shipments, particularly
concerning security during transportation and advance notice of
proposed shipments. It is anticipated that these orders may be
reflected in the U.S. Code of Federal Regulations covering radioactive
material (primarily revisions to 10 CFR Parts 30-36 and 70).
The Commission has also supported U.S. Government efforts to
establish common international guidance for safety and security
measures for radioactive sources. This effort resulted in a major
revision to the IAEA Code of Conduct on the Safety and Security of
Radioactive Sources (Code of Conduct or Code). The revised Code of
Conduct was approved by the IAEA Board of Governors in September 2003,
and is available on the IAEA Web site at http://www.iaea.org/Publications/Standards/index.html. Following approval of the current
Code of Conduct, the Commission has played a key role in multilateral
meetings of technical and legal experts convened by
[[Page 55786]]
the IAEA to develop guidance under the Code relating to export and
import of high-risk radioactive material. It is expected that the draft
``Guidance for the Import and Export of Radioactive Sources in
Accordance with the IAEA Code of Conduct on the Safety and Security of
Radioactive Sources'' (IAEA Export/Import Guidance) developed by those
experts will be submitted to the IAEA Board of Governors for approval
at its September 2004 meeting and subsequently published by the IAEA.
The Code of Conduct provides guidance for the export and import of
Category 1 and 2 radioactive sources described in Table 1 of Annex 1 of
the Code, as discussed below. Table 1 includes a list of high-risk
radionuclides with activities corresponding to thresholds of concern
that is essentially identical to the list found in the proposed
Appendix P to be added to 10 CFR Part 110. While the radionuclides and
threshold quantities are the same, the proposed Part 110 appendix uses
the more encompassing term ``radioactive material'' rather than
``sources.'' Therefore, unlike the Code of Conduct, the proposed rule
encompasses the import and export shipments of bulk radioactive
material, in addition to sealed sources.
The U.S. Government has formally written to the IAEA Director
General expressing its non-legally binding political commitment to work
toward following the guidance contained in the Code of Conduct. In
addition, the IAEA Export/Import Guidance is virtually the same, with
relatively few modifications, as the export/import guidance text
endorsed earlier by President Bush and 28 other Leaders at the 2004 G-8
Sea Island and U.S.-European Union Shannon Summits. Although the Code
and the supporting IAEA Export/Import Guidance are not legally binding
on IAEA Member States, the Commission nevertheless believes it
essential for Commission to update its export/import regulations to
reflect the guidance in the Code of Conduct and the Export-Import
Guidance consistent with our responsibilities under the Atomic Energy
Act, and the Commission's mission of promoting the common defense and
security, as well as for achieving a globally harmonized approach to
ensure a level playing field for commerce. This proposed rule is
intended to accomplish these objectives.
Discussion
The Nuclear Regulatory Commission proposes requiring specific
licenses for the export and import of high-risk radioactive material as
identified above. This proposed rule follows the guidance contained in
the IAEA's Code of Conduct and is consistent with the Code's section on
``Import and Exports of Radioactive Sources'' (paragraphs 23-29). This
section of the Code is intended to guide countries in the development
and harmonization of policies and laws on exports and imports of high-
risk radioactive sources to ensure that such sources are only exported
to authorized end-users in countries with adequate regulatory controls
and that sources are not diverted for illicit use. Under the sections
of the Code of Conduct relating to exports and imports of radioactive
sources, exports and imports of such radioactive sources should take
place with the awareness of the exporting country authority and with
the prior notification of the importing country authority.
Additionally, exports of Category 1 quantities of such material require
the consent of the importing country. While prior notification to the
importing government authority, may originate from either the exporting
licensee or exporting government authority, consents to the import of
Category 1 sources must be provided on a government to government
basis.
The Code of Conduct provides that, unless there are exceptional
circumstances, a country should authorize the import or export of high-
risk radioactive material only if it is satisfied that the recipient is
authorized to receive and possess the radioactive material and the
importing country has the technical and administrative capability,
resources and regulatory structure needed to ensure that the
radioactive source will be managed in a manner consistent with the
provisions of the Code.
The specific radioactive material and amounts covered by this rule
are listed in the proposed Appendix P to Part 110 and are essentially
identical to the list of high-risk radioactive materials in Categories
1 and 2 in Table 1 of the Code of Conduct. With the exception of
plutonium, the high-risk radioactive materials listed in Appendix P are
categorized as byproduct material as defined in the Atomic Energy Act
of 1954, as amended. Although Radium-226 is encompassed by the Code of
Conduct, it is not listed in Appendix P or covered by the proposed
regulation because radium, as a naturally occurring radioactive
material, is not subject to Commission's licensing authority. However,
radium-226 is subject to export/import controls administered by the
Department of Commerce. It should be noted that, in response to NRC's
request for information, to date no NRC or Agreement State licensee
reported possessing, importing, or exporting Category 1 or 2 amounts of
radium. The proposed rule requirements described in this notice would
apply to all identified licensees, both NRC and Agreement State.
Exports. Under the Atomic Energy Act and 10 CFR Part 110, the
principal criterion for approving exports of the materials listed in
Appendix P is a finding that the export is not inimical to the common
defense and security of the United States. The non-inimicality finding
is relevant to both the nuclear proliferation significance of exports
and the related security concerns of high-risk radioactive material
falling into the hands of non-state organizations, including terrorist
groups. In making its inimicality determination, the Commission will,
consistent with the Code's guidance, consider whether the importing
country has the technical and administrative capability and the
resources and regulatory structure to manage the high-risk radioactive
material in a safe and secure manner, and has authorized the recipient
to receive and possess this material. Under the proposed rule, the
Commission will require the applicant for the export license to provide
the NRC with pertinent documentation demonstrating that the recipient
of the radioactive material has the necessary authorization under the
laws and regulations of the importing country to import, receive, and
possess the material. For proposed exports of Category 1 amounts of
high-risk radioactive material listed in Appendix P, the Commission
will also assess whether the government of the importing country has
provided its consent to the import. Consistent with the Code, in cases
where a recipient may lack the necessary authorization to receive and
possess the radioactive material or where a receiving state may be
lacking in technical and administrative capability, resources, or
regulatory structure, the NRC may, in exceptional circumstances, also
consider as part of its overall inimicality determination whether an
alternative arrangement has been or can be made to manage the
radioactive material in a safe and secure manner. In examining these
and other factors that may be pertinent to assessing whether the
proposed export will be inimical to the U.S. common defense and
security, the Commission may seek the advice of the Executive Branch
and will take into account information it receives as part of regular
interactions with its foreign regulatory counterparts, the
International Atomic Energy Agency, and the Executive Branch. The
Commission anticipates that further
[[Page 55787]]
guidance on what constitutes ``exceptional circumstances'' and other
aspects of the Code will be set forth in the IAEA Export/Import
Guidance discussed above, and will consider that guidance in
preparation of the final rule. If, after considering the above
information the Commission authorizes the export, then export licensees
will be required to provide prior notification to the importing country
authority and to the NRC of individual shipments.
Imports. For imports, the licensing criteria are non-inimicality to
the U.S. common defense and security and a finding that the import does
not constitute an unreasonable risk to the public health and safety.
Since all recipients in the U.S. must be properly authorized by the
NRC, an Agreement State or the Department of Energy to possess such
radioactive material, the proposed changes to Part 110 for imports
under NRC's licensing authority of high-risk radioactive material will
simply require (1) that the U.S. recipient is authorized to receive and
possess the radioactive material and (2) prior notification to the NRC
of individual shipments. The Commission will expect the applicant for
the import license to provide the Commission with pertinent
documentation that each recipient of the radioactive material has the
necessary authorization to receive and possess this material. For
proposed imports into the U.S. of Category 1 amounts of high-risk
radioactive material and for proposed imports allowed under provisions
for exceptional circumstances, the Commission will also be responsible
for providing the necessary formal U.S. Government consent to the
export authority of the exporting country.
Conclusion. The proposed criteria discussed above for approving
specific export and import licenses for high-risk radioactive material
will provide the Commission with the necessary flexibility to process
each application on a case by case basis. For example, the Commission
may wish to limit exports to new recipients or to a State with limited
experience with its regulatory infrastructure to single shipments of
radioactive material. On the other hand, in States with mature
regulatory infrastructures with known and competent recipients, the
Commission intends to use the provisions of Sec. 110.31(e) by issuing
broad specific export and import licenses for multiple radionuclides,
shipments, and destinations and with authorizations for up to five
years or more. The duration of the import or export authorization will
be consistent with the expiration date of the recipient's authorization
to possess or use the radioactive material. However, each shipment
under these export/import licenses that meets or exceeds the Category 2
limits in Appendix P will require prior notification as discussed
above.\1\
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\1\ The more restrictive requirements for the export of
plutonium 238 and 239 contained in Sec. 110.21 will continue to be
the limiting controls.
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Implementing Date
The final rule will have an implementation date which will allow a
period of six months for exporters and importers to apply for and
receive required specific export and import licenses.
Summary
The proposed changes to the Commission's export/import regulations
in Part 110 apply to a small number of high-risk radioactive materials
when exported or imported in amounts exceeding clearly defined limits.
They also provide the Commission with flexibility to treat each export
and import license application on a case-by-case basis, with the
ability to accommodate the still evolving domestic and international
security measures for high-risk radioactive material.
Section by Section Analysis
Subpart C--Licenses. Proposed changes would indicate that all
exports and imports of high-risk radioactive material listed in a new
Appendix P to this Part require specific licenses if amounts involved
meet or exceed that set out in that appendix.
In Sec. 110.23, changes would be made to paragraph (a)(3)
clarifying that individual export shipments of americium-241 under a
general license must be less than the amounts specified in Category 2
of Appendix P to this Part. (Currently, this section authorizes
individual shipments of several 20 curie quantities of americium-241 to
most countries as long as the 200 curie per country limit is not
exceeded.)
In Sec. 110.23, a new paragraph would require that individual
export shipments of the high-risk radioactive material listed in a new
Appendix P to this Part and conducted under the general license
provisions of this paragraph be below the amounts indicated for
Category 2.
In Sec. 110.27, a new paragraph would require that individual
import shipments of high-risk radioactive material listed in a new
Appendix P to this Part and conducted under the general license
provisions of this paragraph be below the amounts indicated for
Category 2.
In Sec. 110.32, a new paragraph (g) is added to clarify
documentation requirements accompanying an export license application
for radioactive material listed in proposed new Appendix P.
Subpart D--Review of License Applications. Proposed changes would
indicate licensing criteria for high-risk radioactive material exports
and imports.
In Sec. 110.42 a new paragraph would specify the licensing
criteria for the export of high-risk radioactive material listed in a
new Appendix P to this Part in amounts indicated for Categories 1 and
2.
In Sec. 110.43 a new paragraph would specify the licensing
criteria for the import of high-risk radioactive material listed in a
new Appendix P to this Part in amounts indicated for Categories 1 and
2.
In Sec. 110.45 a new paragraph would describe the requirements for
issuing import licenses for high-risk radioactive material listed in a
new Appendix P to this Part in amounts specified in Categories 1 and 2.
Subpart E--License Terms and Related Provisions. Proposed changes
would clarify that transportation issues are covered by NRC's domestic
regulations.
In Sec. 110.50, a new paragraph is added covering advance
notification requirements. Also, the word ``transport'' would be added
after ``use'' in paragraph (a)(3); and the term ``71'' would be added
after ``70'' in (renumbered) paragraph (b)(5). This would clarify that
``transportation'' is not covered directly in Part 110 and to indicate
that 10 CFR Part 71 of NRC's domestic regulations cover transportation.
A new Appendix P to Part 110 would list the high-risk radioactive
material and quantities requiring specific export and import licenses.
Voluntary Consensus Standards
The National Technology Transfer Act of 1995, Pub. L. 104-113,
requires that Federal agencies use technical standards that are
developed or adopted by voluntary consensus standards bodies unless the
use of such a standard is inconsistent with applicable law or otherwise
impractical. There are no voluntary consensus standards addressing this
subject matter.
Environmental Impact: Categorical Exclusion
The NRC has determined that this proposed rule is the type of
action described in categorical exclusion 10 CFR 51.22(c)(1).
Therefore, neither an
[[Page 55788]]
environmental impact statement nor an environmental assessment has been
prepared for this rule.
Paperwork Reduction Act Statement
This proposed rule contains information collection requirements
that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.). This rule has been submitted to OMB for review and approval
of the information collection requirements.
The burden to the public for these information collections is
estimated to average 2.4 hours per application, 15 minutes per
notification, and 15 minutes per recipient's certification to the
licensee including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the information collection. The U.S. Nuclear
Regulatory Commission is seeking public comment on the potential impact
of the information collections contained in the proposed rule and on
the following issues:
1. Is the proposed information collection necessary for the proper
performance of the functions of the NRC, including whether the
information will have practical utility?
2. Is the estimate of burden accurate?
3. Is there a way to enhance the quality, utility, and clarity of
the information to be collected?
4. How can the burden of the information collection be minimized,
including the use of automated collection techniques?
Send comments on any aspect of these proposed information
collections, including suggestions for reducing the burden, to the
Records and FOIA/Privacy Services Branch (T-5 F52), U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, or by Internet
electronic mail to [email protected]; and to the Desk Officer,
Office of Information and Regulatory Affairs, NEOB-10202 (3150-0036 and
3150-0027), Office of Management and Budget, Washington, DC 20503.
Comments to OMB on the collections of information or on the above
issues should be submitted by October 18, 2004. Comments received after
this date will be considered if it is practical to do so, but assurance
of consideration cannot be given to comments received after this date.
Public Protection Notification
If a means used to impose an information collection does not
display a currently valid OMB control number, the NRC may not conduct
or sponsor, and a person is not required to respond to, the information
collection.
Regulatory Analysis
The Commission has prepared a regulatory analysis on this proposed
regulation. The analysis examines the costs and benefits of the
alternatives considered by the Commission. The regulatory analysis is
available for inspection in the NRC Public Document Room, 11555
Rockville Pike, Rockville, MD 20852. Single copies of the analysis may
be obtained from the Office of International Programs, U.S. Nuclear
Regulatory Commission, at 301-415-2333 or by e-mail at [email protected]. The
Commission requests public comment on the regulatory analysis. Comments
on the analysis may be submitted to the NRC as indicated under the
ADDRESSES heading.
Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980 (5 U.S.C.
605(b)), the Commission certifies that this proposed rule does not have
a significant impact on a substantial number of small entities. This
rule is necessary to reflect the nuclear and radioactive material
security policies of the Executive Branch and to comply with evolving
international agreements to which the U.S. Government subscribes.
Backfit Analysis
The NRC has determined that the backfit analysis is not required
for this rule because these amendments do not involve any provisions
that would impose backfits as defined in 10 CFR Chapter I.
List of Subjects in 10 CFR Part 110
Administrative practice and procedure, Classified information,
Criminal penalties, Exports, Imports, Incorporation by reference,
Intergovernmental relations, Nuclear and radioactive 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; notice is hereby given that
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 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); sec. 5,
Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243); sec. 1704, 112
Stat. 2750 (44 U.S.C. 3504 note).
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. 110.23, paragraph (a)(3) is revised and a new paragraph
(a)(7) is added to read as follows:
Sec. 110.23 General license for the export of byproduct material.
(a) * * *
(3) For americium-241, exports of any country listed in 110.29 must
not exceed one curie (308 milligrams) per shipment or 100 curies (30.8
grams) per year and must be contained in industrial process control
equipment or petroleum exploration equipment. Exports to countries
other than those listed in 100.28 or 110.29 must be contained in
industrial process control equipment or petroleum exploration equipment
and individual shipments must be less than the amounts specified in
Category 2 of Appendix P to this Part.
* * * * *
(7) Individual export shipments of byproduct material must be less
than the amounts specified in Category 2 of Appendix P to this Part.
* * * * *
3. In Sec. 110.27, the introductory text of paragraph (a) is
revised and paragraph (f) is added to read as follows:
Sec. 110.27 General license for import.
(a) Except as provided for in paragraphs (b), (c), and (f) of this
section, a general license is issued to any person to import byproduct,
source, or special nuclear material if the consignee is authorized to
possess the material under:
* * * * *
(f) Individual import shipments of radioactive material must be
less than
[[Page 55789]]
the amounts specified in Category 2 of Appendix P to this Part.
4. In Sec. 110.32, a new paragraph (g) is added to read as
follows:
Sec. 110.32 Information required in an application for a specific
license/NRC Form 7.
* * * * *
(g) For proposed exports of material listed in Appendix P to this
part, pertinent documentation that the recipient of the material has
the necessary authorization under the laws and regulations of the
importing country to import, receive, and possess the material.
5. In Sec. 110.42, new paragraphs (e) and (f) are added to read as
follows:
Sec. 110.42 Export licensing criteria.
* * * * *
(e) In making its findings under paragraphs (a)(8) and (c) of this
section for proposed exports of radioactive material listed in Appendix
P to this Part, the NRC shall consider whether:
(1) The receiving country has the appropriate technical and
administrative capability, resources and regulatory structure to manage
the material in a secure manner; and
(2) The foreign recipient is authorized to receive and possess the
material; or
(3) In exceptional circumstances, that an alternative arrangement
has been made to manage the material in a safe and secure manner.
(f) For proposed exports of Category 1 amounts of radioactive
material listed in Appendix P to this Part, the receiving country
consents to the import of the material.
7. In Sec. 110.43, a new paragraph (e) is added to read as
follows:
Sec. 110.43 Import licensing criteria.
* * * * *
(e) With respect to the import of radioactive material listed in
Appendix P to this Part, the U.S. recipient is authorized to possess
the material under a contract with the Department of Energy or a
license issued by the Commission or a State with which the Commission
has entered into an agreement under Section 274b. of the Atomic Energy
Act.
8. In Sec. 110.45, a new paragraph (b)(5) is added to read as
follows:
Sec. 110.45 Issuance or denial of license.
* * * * *
(b) * * *
(5) With respect to a proposed import of radioactive material
listed in Appendix P to this Part, the U.S. recipient is authorized to
possess the material under a contract with the Department of Energy or
a license issued by the Commission or a State with which the Commission
has entered into an agreement under Section 274b. of the Atomic Energy
Act.
* * * * *
9. Sec. 110.50 is amended as follows:
a. In paragraph (a)(3), add the word ``transport'' after the word
``use,''
b. Paragraphs (b)(4) and (b)(5) are redesignated as (b)(5) and
(b)(6),
c. Add the number ``71'' after ``70'' in the newly redesignated
paragraph (b)(5), and
d. Add a new paragraph (b)(4) to read as follows:
Sec. 110.50 Terms.
* * * * *
(b) * * *
(4) A licensee authorized to export or import material listed in
Appendix P to this Part is responsible for notifying NRC and the
importing country in advance of each shipment. A list of points of
contacts in importing countries is available at NRC's Office of
International Programs (see Sec. 110.4). The NRC office responsible
for receiving advance notifications for all export and import shipments
will be specified on each specific export and import license.
Notifications must be made at least 24 hours in advance of each
shipment, and to the extent practical, 10 days in advance of each
shipment. Notifications may be electronic or in writing and should
contain the following information:
(i) A copy of the authorization applicable to export shipments as
required by Sec. 110.42, paragraph (e)(2),
(ii) Estimated dates of when the shipment is to begin and end,
(iii) Exporting or importing facility,
(iv) Recipient,
(v) Radioactive material and specific activity,
(vi) Aggregate activity level, and
(vii) Number of radioactive sources and their unique identifiers
(such as the manufacturer, model number and serial number). If the
unique identifiers are not available, a description of the radioactive
source shall be provided.
* * * * *
10. A new Appendix P to part 110 is added to read as follows:
Appendix P to Part 110.--High Risk Radioactive Material
----------------------------------------------------------------------------------------------------------------
Category 1 Category 2
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Radioactive material Terabequerels Terabequerels
(TBq) Curies (Ci) (Tbq) Curies (Ci)
----------------------------------------------------------------------------------------------------------------
Americium-241.................................. 60 2,000 .6 20
Americium-241/Be............................... 60 2,000 .6 20
Californium-252................................ 20 500 .2 5
Curium-244..................................... 50 1,000 .5 10
Cobalt-60...................................... 30 800 .3 8
Cesium-137..................................... 100 3,000 1 30
Gadolinium-153................................. 1,000 30,000 10.0 300
Iridium-192.................................... 80 2,000 .8 20
Plutonium-238\1\............................... 60 2,000 .6 20
Plutonium-239/Be\1\............................ 60 2,000 .6 20
Promethium-147................................. 40,000 1,000,000 400.0 10,000
Selenium-75.................................... 200 5,000 2.0 50
Strontium-90................................... 1,000 30,000 10.0 300
Thulium-170.................................... 20,000 500,000 200.0 5000
Ytterbium-169.................................. 300 8,000 3.0 80
----------------------------------------------------------------------------------------------------------------
\1\ The limits for Pu-238 and Pu-239/Be in this table apply for imports to the U.S. The limits for exports of Pu-
238 and Pu-239/Be can be found in Sec. 110.21.
[[Page 55790]]
Dated at Rockville, Maryland, this 10th day of September, 2004.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 04-20855 Filed 9-15-04; 8:45 am]
BILLING CODE 7590-01-P