[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]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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.

-----------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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
                                                ----------------------------------------------------------------
              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