[Federal Register Volume 75, Number 144 (Wednesday, July 28, 2010)]
[Rules and Regulations]
[Pages 44072-44093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18219]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 110
[NRC-2008-0567]
RIN 3150-AI16
Export and Import of Nuclear Equipment and Material; Updates and
Clarifications
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The United States Nuclear Regulatory Commission (NRC) is
amending its regulations that govern the export and import of nuclear
equipment and material. This rule allows International Atomic Energy
Agency Code of Conduct on the Safety and Security of Radioactive
Sources Category 1 and 2 quantities of radioactive materials to be
imported under a general license. This rule also revises the definition
of ``radioactive waste'' and removes the definition of ``incidental
radioactive material.'' In addition, this rule updates, clarifies, and
corrects several provisions.
DATES: The rule is effective on August 27, 2010.
ADDRESSES: You can access publicly available documents related to this
document using the following methods:
Federal e-Rulemaking Portal: Go to http://www.regulations.gov and
search for documents filed under Docket ID [NRC-2008-0567]. Address
questions about NRC dockets to Ms. Carol Gallagher at 301-492-3668; e-
mail [email protected].
NRC's Public Document Room (PDR): The public may examine and have
copied for a fee publicly available documents at the NRC's PDR, Room O1
F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland.
NRC's Agencywide Documents Access and Management System (ADAMS):
Publicly available documents created or received at the NRC are
available electronically at the NRC's electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain
entry into 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's PDR
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to
[email protected].
FOR FURTHER INFORMATION CONTACT: Brooke G. Smith, Senior International
Policy Analyst, Office of International Programs, U.S. Nuclear
Regulatory Commission, MS-O4E21, Washington, DC 20555-0001; telephone:
(301) 415-2347; e-mail: [email protected], or Jill Shepherd,
Licensing Officer, Office of International Programs, U.S. Nuclear
Regulatory Commission, MS-O4E21, Washington, DC 20555-0001; telephone:
(301) 415-3635; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
II. Analysis of Public Comments on Proposed Rule
III. Section-by-Section Analysis
I. Background
On June 23, 2009, the NRC published a proposed rule that requested
comments on the proposed changes to 10 CFR part 110, Export and Import
of Nuclear Equipment and Material (74 FR 29614). This final rule
updates, clarifies, and corrects several provisions in 10 CFR part 110
to improve NRC's regulatory framework for the export and import of
nuclear equipment, material, and radioactive waste. It also clarifies
and corrects the regulations addressing the general license for the
export of byproduct material. In addition, changes are made to the
regulations governing the export and import of International Atomic
Energy Agency (IAEA) Code of Conduct on the Safety and Security of
Radioactive Sources Category 1 and Category 2 quantities of radioactive
materials listed in appendix P to 10 CFR part 110 and the definition of
``radioactive waste'' in 10 CFR part 110. A discussion of the most
significant changes follows.
A. Category 1 and 2 Quantities of Radioactive Material Listed in
Appendix P to 10 CFR Part 110
The NRC reevaluated the need for a specific license for the import
of Category 1 and 2 quantities of radioactive material to a U.S.-
licensed user in light of enhancements made to the NRC's domestic
regulatory framework. As a result, the NRC is amending 10 CFR part 110
to allow imports of Category 1 and 2 quantities of materials listed in
Appendix P under a general license.
After the attacks of September 11, 2001, the Commission determined
that certain licensed material should be subject to enhanced security
requirements and safeguarded during transport, and that individuals
with unescorted access to risk-significant quantities of radioactive
material should be subject to background investigations. The results of
vulnerability assessments performed by the NRC were used in the
development of security enhancement orders that were issued to
licensees using a graded approach based on the relative risk and
quantity of material possessed by the licensee. (70 FR 72128; December
1, 2005) These security orders specifically address the security of
byproduct material possessed in quantities greater than, or equal to,
Category 1 and 2 quantities. The orders provide for enhanced security
measures for such things as license verification before transfer,
intrusion detection and response, access control, and coordination with
local law enforcement authorities. The orders also contain requirements
for the licensee to determine the trustworthiness and reliability of
individuals permitted unescorted access to risk-significant radioactive
materials. The determination involves a background investigation of the
individual.
With the passage of the Energy Policy Act of 2005 giving the NRC
new fingerprinting authority, the Commission determined that
individuals with access to Category 1 and 2 quantities of radioactive
material warrant fingerprinting and FBI criminal history records
checks.
By the end of 2007, the NRC had issued orders to all NRC licensees
that possessed Category 1 or 2 quantities of radioactive material (72
FR 70901; December 13, 2007) to require fingerprinting and FBI criminal
history
[[Page 44073]]
records checks for unescorted access to Category 1 or 2 quantities of
radioactive material.
For all these requirements, NRC Agreement States have also imposed
legally-binding measures on their licensees possessing Category 1 and 2
quantities of radioactive material.
During the same time period, the NRC issued two sets of orders to
licensees transporting radioactive material in quantities greater than,
or equal to, Category 2. The additional security measures contained in
the orders provide for enhanced security measures during transportation
that are beyond the current regulations, including enhanced security in
preplanning and coordinating shipments, advance notification of
shipments to the NRC and States through which the shipment will pass,
control and monitoring of shipments that are underway, trustworthiness
and reliability of personnel, information security considerations, and
control of mobile or portable devices.
The security requirements put in place by the orders supplement the
existing domestic regulatory requirements. A rulemaking is currently
underway that, if promulgated, would incorporate security requirements
for Category 1 and 2 quantities of radioactive material into the
domestic regulations. (SECY-09-0181; December 14, 2009 (ML0928201950)).
Another significant enhancement pertinent to these materials is the
establishment of the National Source Tracking System (NSTS) that tracks
from ``cradle to grave'' transactions involving Category 1 and 2
radioactive sources (71 FR 65686; November 8, 2006). Licensees are
responsible for recording the manufacture, shipment, arrival, and
disposal of all licensed and tracked Category 1 and 2 sources. For
every nationally tracked source that is imported, the facility
obtaining the source is required to report the information to the NSTS
by the close of the next business day after receipt of the imported
source. With the NSTS in place, there is much more information about
imported sources available to the staff.
In light of the many security enhancements, the Commission had
decided to eliminate the specific license requirement in Sec.
110.27(f) for imports of radioactive material listed in Table 1 of
Appendix P to 10 CFR part 110. Conforming changes have been made to
Sec. Sec. 110.32, 110.43, and 110.50. Imports of radioactive material
into the United States under a general license continue to be
contingent on the consignee being authorized to receive and possess the
material under a general or specific NRC or Agreement State license.
See Sec. 110.27(a). Moreover, importers of Category 1 and 2 materials
under a general license are still subject to the notification
requirements prior to shipment as required by Sec. 110.50. The advance
notification of imports of Category 1 and 2 quantities of material,
Sec. 110.50 (c) is revised to require the exporting facility name,
location, address, contact name and telephone number as part of the
pre-shipment notification.
Additionally, Sec. 110.50 (c) is revised to require advance
notifications of imports to be submitted seven days in advance of
shipment. This change will permit NRC staff adequate time to verify the
information provided in the advance notification.
B. Import and Export of Radioactive Waste
This final rule revises the definition of radioactive waste and
incorporates aspects of the removed definition of incidental
radioactive material (IRM). The revised definition of ``radioactive
waste'' improves consistency with and eliminates some of the
differences between the licensing requirements for export and import
and the domestic licensing requirements for possession. The revised
definition links the specific license requirement for the export and
import of radioactive waste to those materials (in the form of waste)
that require a specific license in accordance with NRC's domestic
regulations. This eliminates the need for a specific license to export
or import materials that, under NRC's regulations in 10 CFR chapter 1,
do not require a specific license to possess them.
These changes require a specific export or import license for any
material that, in accordance with the requirements in 10 CFR chapter 1,
requires a specific NRC license to possess it domestically, which is
exported or imported for the purposes of (1) disposal in a land
disposal facility as defined in part 61, a disposal area as defined in
appendix A to part 40, or an equivalent facility; or (2) recycling,
waste treatment or other waste management process that generates
radioactive material for disposal in a land disposal facility as
defined in part 61, a disposal area as defined in Appendix A to part
40, or an equivalent facility. This change simplifies the regulatory
framework by clearly stating that exporting or importing material for
recycling, waste treatment, or other waste management process that
generates radioactive material for disposal in a 10 CFR part 40 or part
61 facility (or the equivalent) requires a specific export or import
license.
The final rule removes the definition of ``incidental radioactive
material'' from 10 CFR part 110. This rule does incorporate aspects of
IRM into the revised definition of radioactive waste and the exclusions
from that definition. The scope of the exclusion related to
contamination on service equipment (including service tools) used in
nuclear facilities (if the service equipment is being shipped for use
in another nuclear facility and not for waste management purposes or
disposal) is expanded and broadened to include some of the material
that previously fell under the definition of IRM such as launderable
protective clothing.
In response to comments, the Commission clarified that the first
exclusion to the definition of ``radioactive waste'' applies only to
sources of U.S. origin. Disused sources that originated in a country
other than the United States would be considered ``radioactive waste''
under 10 CFR part 110. Exclusion two is revised to clarify that the
broader meaning of ``nuclear facility'' is intended and that the
material must be shipped solely for recovery and beneficial reuse of
the non-radioactive material. In addition, an illustrative list of
activities that would meet the standard set forth in exclusion two is
added to the Statement of Considerations. The Commission also added a
sixth exclusion to the definition of ``radioactive waste'' to address
the question of recycling activities that would not be considered as
radioactive waste, such as utilizing depleted uranium in shielding
applications or catalyst manufacturing. The six exclusions are set
forth below:
1. Radioactive material in sealed sources or devices containing
sealed sources that are of U.S. origin and being returned to any
manufacturer, distributor or other entity which is authorized to
receive and possess them. This change allows the return of U.S. origin
sources or devices to distributors and other appropriately authorized
entities. A specific import license is required for the importation of
sources originating outside of the United States for disposal in the
United States. Licensing and notification requirements for Category 1
and Category 2 quantities of material listed in Table 1 of Appendix P
are applicable.
2. A contaminant on any non-radioactive material (including service
tools and protective clothing) used in a nuclear facility (an NRC- or
Agreement State-licensed facility (or equivalent facility) or activity
authorized to possess or use radioactive material), if the item
[[Page 44074]]
is being shipped solely for recovery and beneficial reuse of the non-
radioactive component in a nuclear facility and not for waste
management purposes or disposal. The scope of the exclusion is expanded
and broadened to include some of the material that previously fell
under the definition of IRM such as launderable protective clothing.
Other examples of materials meeting this exclusion include:
(a) Importing contaminated metal for the purpose of recovery of the
non-radioactive metal for beneficial reuse as shield blocks or other
industrial/construction purposes in licensed facilities domestically
and abroad is an import not ``solely'' for waste management or disposal
purposes. This example is within the scope of exclusion two even though
the recycling process will produce some waste that may require disposal
at a part 61 disposal site. This is similar to the laundering of
protective clothing, which also may have a waste stream to a 10 CFR
part 61 facility.
(b) Decontamination and repair of contaminated equipment such as
pumps, valves, and motors that after recovery would be beneficially
reused in a licensed facility.
(c) Decontaminating shipping containers used to import radioactive
material for the purpose of reusing the shipping containers.
(d) Importing contaminated magnesium metal and using the recovered
magnesium as a neutralizing agent for disposing of mixed waste in a
licensed disposal facility.
3. Materials exempted from regulation by the NRC or equivalent
Agreement State regulations. This exclusion is consistent with the
previously mentioned revision that links the requirement for a specific
import or export license for radioactive waste to the specific
licensing requirements in 10 CFR chapter 1 (e.g., 10 CFR parts 30, 40,
and 70). This change eliminates some of the differences between NRC's
export and import regulations and domestic regulation of the same
material or equipment.
4. Materials generated or used in a U.S. Government waste research
and development testing program under international arrangements.
5. Materials being returned by or for the U.S. Government or
military to a facility that is authorized to possess the material. This
exclusion recognizes that the U.S. Government or military will, in
certain circumstances, seek to return material to the United States.
Material returned must be to a facility that is authorized to possess
the material.
6. Materials imported solely for the purposes of recycling and not
for waste management or disposal where there is a market for the
recycled material and evidence of a contract or business agreement can
be produced upon request by the NRC. This exclusion was added to
address concerns regarding the legitimate recycling of radioactive
material that might otherwise be seen as waste. For example, under
certain circumstances, this exclusion would permit the import under
general license of depleted uranium for use in shielding applications
or catalyst manufacturing.
In response to comments, the Commission revised Sec. Sec. 110.43
and 110.45 to clarify that the NRC consults, as applicable, with the
Agreement State in which the facility is located and low-level waste
compact commission(s).
II. Summary of Public Comments
The Commission received 14 letters from the public commenting on
the proposed rule. The commenters represent a variety of interests.
Comments were received from individuals, licensees, Federal and State
agencies, and citizen, environmental, and industry groups. The comments
addressed a wide range of issues concerning the proposed changes to 10
CFR part 110. Many of those responding to the proposed rule commented
on multiple sections; therefore, several comments have been separated
by section and addressed. Likewise, similar comments have been
consolidated. The following is a summary of all significant comments,
along with the NRC's responses.
A. Section 110.2--Definitions
Comment: One commenter stated that the proposed definition for
``bulk material'' in Sec. 110.2 is confusing. The commenter seeks
clarification on whether the definition is intended to cover ``raw''
material (material produced in reactors) that is then incorporated into
sealed sources. The commenter also states that the proposed definition
seems to imply that Category 3, 4 and 5 sources would be considered
bulk material. The commenter asked how it is known when the quantity is
deemed to pose a risk similar to or greater than a Category 2 source.
Response: The definition of bulk material includes both ``raw''
material produced for encapsulation in sealed sources, as well as,
Category 3, 4, and 5 sealed sources that, in aggregate, are equal to or
exceed Category 2 activity thresholds. The NRC believes that no changes
are necessary to the proposed definition for ``bulk material'' and it
is unchanged in this final rule.
Comment: One commenter suggested that the definition of
``radioactive waste'' should include other disposal methods that are
approved by the NRC and Agreement States such as alternative disposals
under 10 CFR 20.2002.
Response: The intent of the proposed changes to the definition of
``radioactive waste'' is to align the NRC's export and import
regulations with its domestic regulations; therefore, if a specific
license is required for a domestic licensee to possess the material,
then a specific license to export/import the material would also be
required. The NRC and Agreement State licensees may request approval
for alternative disposal methods for wastes held under their domestic
possession license in accordance with 10 CFR 20.2002 or equivalent
Agreement State regulations. Waste could not be imported and directly
disposed of under 10 CFR 20.2002, as this type of authorization can
only be granted to persons regulated by the NRC or the Agreement
States. No change was made to the proposed definition of ``radioactive
waste'' as a result of this comment.
Comment: One commenter suggested revising the proposed definition
of ``radioactive waste'' to clarify that it does not include spent
fuel. The respondent noted that it is not clear from the definition
what the term ``equivalent facility'' includes and therefore the
definition could be construed to include a facility for the disposal or
storage of spent fuel or material that results from recycling,
treatment or processing of spent fuel. This commenter also stated that
the term ``material imported for recycling * * *'' could be read to
include spent fuel. Another commenter also noted that the term
``recycling'' could be confused with the reprocessing of nuclear fuel.
Response: The change to the definition of ``radioactive waste'' in
10 CFR part 110 refers exclusively to low level radioactive waste
(LLW). Spent or irradiated fuel is not considered to be LLW; therefore,
the definition of ``radioactive waste'' in 10 CFR part 110 does not
include spent or irradiated fuel. A sentence has been added to the
proposed definition of ``radioactive waste'' to clarify in this final
rule that it does not include spent or irradiated fuel.
Comment: One commenter expressed concern about implementation of
the revised definition of ``radioactive waste'' and the correlation
between the need for a specific export or import license and the need
for a specific domestic license for the same material. This commenter
asked if the NRC will make its determination based on whether the
[[Page 44075]]
conditions in the domestic specific license held by the potential
exporter or importer allow possession of the foreign material. The
commenter also asked if the NRC will judge the need for an export or
import license only against NRC-issued specific licenses or against
Agreement State-issued licenses as well. The commenter noted that the
NRC and Agreement States have flexibility in writing license conditions
and consequently, there may be a lack of national uniformity in the
kinds of radioactive materials a domestic specific licensee may
possess.
Response: An NRC import license only allows material to be brought
into the United States. Once the material is in the United States, the
material is subject to the domestic authorization process and operates
no differently than if the material were of domestic origin. The import
license is not a mechanism to alter the established domestic
authorization process, including Agreement State regulations. The NRC
will not issue an import license for radioactive waste unless the U.S.
importer is authorized to possess the material under the applicable
domestic regulation, whether that regulation is an Agreement State's or
NRC's. No change was made to the proposed definition of ``radioactive
waste'' as a result of this comment.
Comment: One commenter noted that the NRC's ``changes to 10 CFR
part 110 will facilitate the licensing process for exports and imports
of radioactive waste * * *'' This commenter suggested that the NRC
complete an Environmental Impact Statement (EIS) to address the
increased import of radioactive waste from foreign countries and their
shipment within the United States. Further, this commenter would like
the EIS to address cumulative impacts from shipments of all radioactive
wastes from existing and new nuclear facilities, including shipments
resulting from license extensions at existing facilities and the
increased shipment of radioactive wastes expected as a result of
proposed changes to 10 CFR part 110.
Response: Under 10 CFR 51.22(c)(1), amendments to 10 CFR part 110
are categorically excluded from environmental review based on a
Commission finding by rule that this category of action does not
individually or cumulatively have a significant effect on the human
environment. In any event, the NRC does not anticipate an increase in
imports or shipping of radioactive waste as a result of this revision.
Therefore, no change was made to the proposed definition of
``radioactive waste'' as a result of this comment.
Comment: One commenter noted that the United States does not
currently have an approved radioactive waste repository and questions
how accepting imports of radioactive waste is consistent with the NRC's
mission to protect human and environmental health. The commenter
further stated that if Yucca Mountain were opened in the near future,
the current stockpiles of radioactive waste in the United States would
fill the repository. This commenter suggested a moratorium on imports
of radioactive waste until an approved repository is opened.
Response: The definition of ``radioactive waste'' in 10 CFR part
110 refers exclusively to low-level radioactive waste. There are
currently several low-level waste disposal facilities in the United
States. High-level waste is not addressed in this final rule.
Therefore, no change was made to the proposed definition of
``radioactive waste'' as a result of this comment.
Comment: One commenter suggested that the term ``recycling'' in the
proposed definition of ``radioactive waste'' be removed or defined
further to clarify that recycling under the general license is
authorized when the recycling provides for a beneficial re-use of the
material. Another commenter noted that the proposed definition of
``radioactive waste'' is ambiguous with regard to the import of
radioactive materials imported and used as ``raw'' materials directly
by manufacturing facilities as opposed to waste processing facilities.
The commenter stated that the proposed definition includes
``radioactive material'' that requires a specific license for
possession and is intended for disposal, recycling, waste treatment or
some other waste management process. As asserted by the commenter, the
ambiguity is that as raw material, waste treatment or waste management
would not apply to such non-waste; however, ``recycling'' without
further clarification seems to inadvertently include non-waste, ``raw''
materials. The commenter suggested that the term ``recycling'' be
modified to a more restrictive phrase such as ``waste component
recycling'' which would clearly not apply to ``raw'' materials. As
another possibility, the commenter suggested restricting the definition
of radioactive waste to those imports that are consigned to licensed
waste treatment and disposal facilities, so that imports of radioactive
material going to licensed manufacturing facilities would not be
included.
Another commenter addressed the concept of recycling in the context
of exclusion two to the proposed definition of ``radioactive waste,''
stating that the term ``recycling'' in the main part of the definition
seems to conflict with ``recovery and beneficial use'' in the
exclusion. In the commenter's view, recycling means the recovery and
beneficial re-use of the recovered material. The commenter stated that
it appears the intent of the proposed definition is to clarify that, in
general, while radioactive material imported for the purpose of
processing and disposal is waste, radioactive material imported for the
purpose of beneficial re-use is not waste as long as the re-used non-
radioactive material is used in a nuclear facility. The commenter
offered two suggestions to clarify this apparent conflict. First, the
commenter suggested that we insert the word ``recycling'' prior to
``for recovery and beneficial use'' in the text of the exclusion.
Second, the commenter suggested that we include a clarifying statement
in the Statement of Considerations for the final rule that says the
intent of the exclusion is to provide an exception to the general rule
that would permit recycling under the general license where the
recycling provides for beneficial re-use of the non-radioactive
material in an environment licensed by the NRC or an Agreement State.
Response: In order to address the numerous concerns regarding the
legitimate recycling of radioactive material that might otherwise be
seen as waste, the NRC has decided to add a sixth exclusion to the
proposed definition of ``radioactive waste'' to clarify that the
definition does not include material imported solely for the purposes
of recycling and not for waste management or disposal where there is a
market for the recycled material and evidence of a contract or business
agreement can be produced upon request by the NRC. An example of such
material would be depleted uranium for use in shielding applications or
catalyst manufacturing. An example of ``recycling'' that would be
considered ``radioactive waste'' is the use of combustible material
(such as wood or oil) as an energy source at an NRC- or Agreement
State-licensed facility.
An import for the purpose of recycling is similar to the
importation of useable radioactive materials and products, which occurs
routinely. With respect to recycling of materials, as with products
that contain radioactivity, recycled materials have a beneficial use
yet waste may be generated as they are recycled. In the United States,
these wastes would be managed safely in accordance with domestic
licensing requirements.
The Commission is aware that there could be instances in which a
person intends to import what is in fact
[[Page 44076]]
radioactive waste, but which is argued to be for recycling purposes
(i.e., sham recycling). Any person who imports materials under a
general license for recycling, but with the purpose of disposing of
them in the United States, would be subject to NRC enforcement action.
In addition, there may be instances in which some small value may be
obtained from the materials that are imported, but the primary
intention is for disposal. In such cases, to avoid possible enforcement
action, the staff recommends that the Commission be consulted before
any such imports are made. This final rule includes the six exclusions
under the definition for ``radioactive waste.''
The Commission does not accept the second commenter's suggestion to
add the word ``recycling'' to exclusion two because the use of the word
``recycling'' could potentially open exclusion two to other general
forms of recycling, which would not meet the intent of the exclusion.
The intent of exclusion two is exclusively for the importation of
materials being recovered and reused in an NRC- or Agreement State-
licensed facility.
Comment: Several commenters addressed the proposed changes to
exclusion one to the definition of ``radioactive waste'' regarding
sealed sources and devices. Two commenters expressed support for the
proposed changes and stated that they will allow for sources to be
transferred and transported easily to an entity that may be able to
recertify the source or recycle the source for beneficial use rather
than disposal. Another commenter suggested that the purpose of the
exclusion should be clarified to indicate that it does not cover
importing sources originating in other countries for disposal in the
United States.
Response: Exclusion one to the proposed definition of ``radioactive
waste'' has been revised in this final rule to clarify that this
exclusion only applies to sources of U.S. origin. Disused sources that
originated in a country other than the United States would be
considered ``radioactive waste'' under 10 CFR part 110. Therefore, in
the case of an import, a specific license is required for the
importation of sources (in the form of waste or disused sources)
originating outside of the United States for disposal in the United
States. Licensing and notification requirements for Category 1 and 2
quantities of materials listed in Table 1 of appendix P to 10 CFR part
110 are applicable.
Comment: One commenter stated that importation of material destined
for re-use should require a specific license. The application for a
specific license constitutes a form of public disclosure and the public
should be aware of radioactive materials, such as radioactive metals,
that may be reused. This commenter asserted that reused radioactive
metal could contaminate the general supply of reused scrap metal if it
eventually makes its way back to unrestricted use. Consequently, the
public should be notified and provided the opportunity to comment on a
specific license for the import of radioactive materials proposed for
reuse.
Response: The intent of this change is to address the re-use and
recovery of these materials for use in an NRC- or Agreement State-
licensed facility. Once imported to an NRC- or Agreement State-licensed
facility the material and any waste generated as a result of the re-use
or recovery process is subject to NRC or Agreement State domestic
licensing requirements. Therefore, no change was made to the definition
of ``radioactive waste'' as a result of this comment.
Comment: Several commenters asserted that the second exclusion to
the proposed definition of ``radioactive waste'' could be abused if
only a small fraction of the import is for recovery or beneficial use
of the non-contaminated material. Two commenters addressed the proposed
language ``not solely for waste management purposes or disposal'' at
the end of the exclusion. One commenter stated that this phrase should
be further clarified, changed or replaced to indicate that the portion
of the import destined for disposal must, at all times, be considered
radioactive waste. Another commenter thought the closing phrase
unnecessary because, if the import is for recovery and reuse of the
non-radioactive material, then the import would never be ``solely'' for
waste management purposes or disposal. This commenter speculated that
the intent of the language is to ensure good faith intent for recovery
and reuse of the material. This commenter recommended that this concern
be addressed by stating that the purpose is ``primarily'' for recovery
and re-use since all recovery efforts will likely have some waste
processing or disposal aspects. The term ``primarily'' is proposed to
make it clear that the recovery operation produces a product that is in
fact useful and that the recovery operation is in good faith and not a
pretense for waste management. The commenter recommended rewording the
exclusion to read ``* * * if the material is being shipped primarily
for recycling, i.e., recovery and beneficial use of the non-radioactive
material in a nuclear facility.'' Another commenter asserted that some
of the exclusions under the proposed definition of ``radioactive
waste'' should be more restrictive. Specifically with regard to the
second exclusion, the commenter stated that the disposable radioactive
portion of the imported material should be recognized as ``radioactive
waste'' at the time of import; otherwise, that disposable radioactive
portion could simply appear to be domestic waste resulting from
domestic processing.
Response: In the definition of ``radioactive waste'' in this final
rule, the word ``solely'' has been moved from its proposed location in
front of ``for waste management'' to between ``shipped'' and ``for
recovery'' in order to clarify the intent of the exclusion. Once items
have been imported to an NRC- or Agreement State-licensed facility for
beneficial recovery and/or re-use these items would then be subject to
the NRC's or Agreement State's domestic licensing requirements.
Circumvention of the specific licensing requirements for radioactive
waste is subject to NRC or Agreement State enforcement action.
Comment: One commenter noted that ``launderable protective
clothing'' and ``service tools'' are the examples provided in the
second exclusion to the definition of ``radioactive waste.'' This
commenter suggested that the Statement of Considerations for the final
rule expand on the discussion of examples in order to avoid confusion
related to the use of the term ``incidental radioactive material.'' The
commenter also asserted that an expanded discussion of examples would
help define what satisfies the standard of ``primarily for recovery.''
The commenter recommended including, at a minimum, the following
examples:
(a) Importing contaminated metal for the purpose of recovery of the
non-radioactive metal for beneficial re-use as shield blocks or other
industrial/construction purposes in licensed facilities domestically
and abroad is an import not ``solely'' for waste management or disposal
purposes. The commenter noted that this example fits the language in
the proposed rule even though the recycling process will produce some
waste that will need to be sent to a 10 CFR part 61 disposal site. This
is similar to the laundering of protective clothing, which also has a
waste stream to a 10 CFR part 61 facility.
(b) Decontamination and repair of contaminated equipment such as
pumps, valves, and motors that after recovery would be beneficially
reused in a licensed facility.
[[Page 44077]]
(c) Incinerating contaminated wood or oil to generate steam in a
licensed facility for process heat or electricity.
(d) Decontaminating shipping containers used to import radioactive
material for the purpose of reusing the shipping containers.
(e) Importing contaminated magnesium metal and using the recovered
magnesium as a neutralizing agent for disposing of mixed waste in a
licensed disposal facility.
In addition to the examples provided above, the commenter
recommended that the NRC include any other examples that it has found
acceptable in the past.
Another commenter also requested the NRC provide such a list and
went on to suggest amending Sec. 110.27 to add a paragraph (g) that
reads:
Persons importing material primarily for recovery and beneficial
use under a general license on the basis that the import meets
[exclusion] 2 of the definition of ``radioactive waste'' must submit
Form 7 to the NRC seven days prior to the import. The submitted form
need only address the provisions of paragraphs (a)-(f) of 10 CFR
110.32. The Form 7 shall be submitted to the Deputy Director, Office
of International Programs.
The commenter stated that this proposed provision would be solely a
notice provision. It would not establish an obligation for the importer
to await any NRC action following submittal of the form to the NRC.
Response: The first commenter's examples (a), (b), and (d) would
meet the standard for ``primarily for recovery'' provided there is a
market for the recovered product to be reused in an NRC or Agreement
State licensed facility and evidence of a contract or business
agreement can be produced upon request by the NRC. The commenter's
example (e) would also meet the standard but it must be primarily for
recovery and reuse of magnesium. Example (c) does not meet the standard
for ``primarily for recovery'' because it is an example of a waste
process with a small amount of energy produced as a byproduct. The NRC
does not consider waste processes to be ``primarily for recovery.''
In response to the second commenter's request for the provision of
information on NRC Form 7, the NRC does not feel that placing an
additional regulatory compliance burden on the public is warranted at
this time. The NRC believes that any questions the public may have
regarding compliance with exclusion two to the definition of
``radioactive waste'' would best be addressed individually on a case-
by-case basis. In accordance with 10 CFR 2.390, the NRC will make
examples of recovery activities under exclusion two to the definition
of ``radioactive waste'' publicly available. No changes to the proposed
definition of ``radioactive waste'' were made as a result of these
comments.
Comment: One commenter asserted that the term ``nuclear facility''
is unclear. The commenter asked whether the term is being used as in
the Atomic Energy Act to mean a ``production'' or ``utilization''
facility, or is it intended to have a broader meaning to include any
plant or activity which is licensed for use or possession of
radioactive material? The commenter recommended that the term ``nuclear
facility'' be defined as ``a plant or activity licensed by either the
Commission or an Agreement State for possession or use of radioactive
material.''
Response: The NRC has revised exclusion two to the proposed
definition of ``radioactive waste'' to clarify that the broader meaning
of facility is intended in this final rule.
Comment: Two commenters addressed exclusion five to the definition
of ``radioactive waste'' regarding the U.S. government or military. One
commenter stated that the purpose and intent of this new exclusion is
not clear, and that the circumstance, or combination of circumstances,
under which the U.S. government or military would need to return
material to an authorized U.S. facility could be interpreted very
broadly. Another commenter suggested that U.S. government waste
research and development testing programs under international
arrangements should be specifically identified, along with appropriate
caps on the total amounts of relevant wastes to be imported and
exported each year.
Response: This is not a new addition to 10 CFR part 110. Current
regulations at Sec. 110.27, General license for imports, only allow
the return of material under a general license if the material was
going to a military or government facility. In the proposed rule, this
concept was moved from Sec. 110.27 to Sec. 110.2 as an exclusion to
the definition of ``radioactive waste'' and expanded to include an
allowance for the U.S. military to bring radioactive waste items back
to a licensed facility in the United States. The proposed provision is
unchanged in this final rule.
B. Section 110.6--Retransfers
Comment: One commenter sought clarification on why the retransfer
of byproduct material is not included in the requirements of Sec.
110.6. The commenter also sought clarification on whether retransfers
of special nuclear material produced through the use of U.S.-obligated
material are subject to the requirements of this section.
Response: Byproduct material is not covered by the requirements of
Sec. 110.6 because there is no retransfer restriction on byproduct
material in the Atomic Energy Act. Retransfers of special nuclear
material produced through the use of U.S.-obligated material are
subject to the requirements of this section.
C. 110.26--General License for the Export of Nuclear Reactor Components
Comment: One commenter questioned the proposed revision to Sec.
110.26(a) to cover ``components solely of U.S. origin'' for three
reasons:
(1) U.S. origin has many meanings in the United States today,
but given the wording ``solely of U.S. origin'' or ``of U.S.
origin,'' it is rather difficult to purchase anything which is only
of U.S. origin. The commenter requested further definition.
(2) While the commenter agreed with the authorization contained
in proposed Sec. 110.26(a)(2), the commenter stated that the
proposed wording conveys the authority to re-export nuclear
components from such generally authorized countries as listed in
Sec. 110.26(b) to each other. However, this is an authorization
that U.S. companies would not be able to utilize if the component is
required to be solely of U.S. origin.
(3) Many nuclear components or parts are imported into the U.S.
for ultimate end use as either a standalone nuclear component or for
use in a larger nuclear component for future sale in either the U.S.
or non-U.S. markets.
The commenter noted that many U.S. companies have international
markets as well as foreign-based manufacturing facilities or joint
ventures. Such global companies will import nuclear spare parts or
components for utilization in larger U.S.-built nuclear components for
sale both within the United States as well as outside of the United
States. The commenter stated that these U.S. imports and subsequent
exports create and maintain U.S. jobs and should not be delayed or
subjected to a new NRC component license application process and
associated application fees. The commenter said that to do so would
remove a vital part of the purpose of Sec. 110.26, which is to enable
U.S. companies to export nuclear components quickly to a select list of
generally authorized countries that do not require an NRC validated
export license. These component exports are subject to NRC reporting
requirements, but they enable the U.S. nuclear industry to sell our
components in a very efficient manner to pre-approved countries.
According to the commenter, the proposed change would penalize the
[[Page 44078]]
U.S. nuclear industry in the world marketplace and cause a giant step
backwards in the U.S. nuclear industry's ability to freely sell these
nuclear components or parts to pre-approved countries that are not
subjected themselves subjected to similar restrictions.
Response: The NRC believes the commenter makes a valid point
regarding limiting the general license under Sec. 110.26 to
``components solely of U.S. origin.'' With the increasing globalization
of the nuclear industry, U.S. nuclear companies are outsourcing more
and more items, including parts and components for reactor equipment
and fuel assemblies. However, since the U.S. industry has been able to
accept the current language of Sec. 110.26 which allows use of the
general license for ``U.S. origin'' component exports to a select list
of countries, even when the ``U.S. origin'' component includes non-U.S.
content, the proposed language is retained in this final rule. Further,
the NRC added clarifying language to Sec. 110.26 stating that ``U.S.
origin'' includes components produced or finished in the United States,
even with non-U.S. content unless the foreign content is obligated by
supplier government conditions, such as a prior consent for retransfer
condition.
D. 110.27--General License for Imports
Comment: Two commenters addressed the proposed amendment to Sec.
110.27 that would remove the paragraph that addresses activities
conducted under a contract with the Department of Energy (DOE). The
commenters suggested revising the Section-by-Section Analysis for Sec.
110.27 to state that the NRC's import regulations do not apply to the
DOE imports of source, special nuclear or byproduct material, including
imports conducted on DOE's behalf by DOE contractors. The commenters
also state that the Statement of Considerations for the proposed rule
cites sections 54, 64, 82, and 91 of the Atomic Energy Act which govern
exports, not imports, and are not applicable in this context.
For purposes of clarification, one commenter, suggested that in
Sec. 110.27(b), the words ``source or special nuclear'' should be
inserted before ``material'' so that the sentence reads as follows:
The general license in paragraph (a) of this section does not
authorize the import of source or special nuclear material in the
form of irradiated fuel if the total weight of the [source or
special nuclear] material exceeds 100 kilograms per shipment.
Response: The NRC's import regulations do not apply to DOE imports
of source, special nuclear, or byproduct material including imports
conducted on DOE's behalf by DOE contractors. The removal of Sec.
110.27(a)(1) clarifies that DOE is not subject to NRC import licensing
requirements. The Atomic Energy Act citations in the Statement of
Considerations for the proposed rule apply to exports, not imports. The
sections of the Atomic Energy Act that apply to imports of special
nuclear, source or byproduct material are sections 53, 62, and 81.
Section 110.27(b) has been rewritten in this final rule in response to
the request for clarification.
Comment: One commenter noted that the clear intent of the proposed
rule, as expressed in the Statement of Considerations to the proposed
rule, is to grant a general license for the import of materials that
are exempt from domestic licensing (e.g., material exempted by 10 CFR
40.13(a)) by the NRC. Section 110.27(a) of the proposed rule would
grant a general license for the import of byproduct, source, and
special nuclear material if the U.S. consignee were authorized to
possess such material under a general or specific license from the NRC
or an Agreement State. The commenter asserted that while the new
definition of ``radioactive waste'' in the proposed rule would exclude
``exempt'' material such as 10 CFR 40.13(a) material, the controlling
provision for the import of material under proposed Sec. 110.27(a)
seems to be the possession of an existing general or specific license.
The commenter stated that under the framework for the domestic
licensing of byproduct, source, or special nuclear material, general
licenses are not synonymous with ``exemptions'' for material: No
license is required for the possession of exempt material. The
commenter stated that Sec. 110.27(a)(2) of the current regulations
does grant a general license for the import of ``exempt'' material;
however, this section would be deleted under the proposed rule, and the
commenter suggested that original language be retained.
Response: The NRC's revisions to the definition of ``radioactive
waste'' in 10 CFR part 110 are designed, in part, to align export/
import licensing criteria with domestic regulations that are
implemented by the NRC and the Agreement States. If a specific license
is required domestically, a specific import or export license would
also be required. The changes to the definition of ``radioactive
waste'' and the deletion of Sec. 110.27(a)(2) are consistent with the
intended alignment in that if the material (meaning any exempt
material, not just material in the form of waste) is exempt from
requiring a license domestically (e.g., 10 CFR 40.13(a) is only one
example of an exemption), then that same material would be exempt from
requiring a general import license as well. Therefore, an additional
provision to provide authorization to import under a general license is
redundant and unnecessary. As proposed, Sec. 110.27(a)(1) and (a)(2)
are removed in this final rule.
Comment: Two commenters generally addressed the proposal to allow
imports of Category 2 quantities of materials under a general license.
Specifically, they noted that imports conducted under the authority of
a general license are not subject to the same public notification and
comment requirements as imports conducted under specific licenses. One
respondent stated that the general license could be used for unlimited
imports without public knowledge.
Response: While it is correct that imports under a general license
are not subject to the same public notification requirements as a
specific license, the NRC is aware of and continues to regulate such
imports. In accordance with Sec. 110.50, pre-shipment notification is
still required by the importer. Additionally, domestic licensees must
report receipt of Category 1 and 2 radioactive sources to the NSTS.
Imports of radioactive material into the United States are contingent
on the consignee being authorized to receive and possess the material
under a general or specific NRC or Agreement State license.
E. 110.43--Import Licensing Criteria
Comment: One commenter recommended that the NRC require more
specificity in the application for a specific license to import
radioactive waste and that foreign waste retain its ``country of
origin'' attribution from import through disposal. With regard to the
specificity in an application, this commenter is primarily concerned
with the concept of waste characterization versus waste classification
prior to its import. Specifically, the commenter noted that under the
proposed rule, the NRC would only require an applicant to classify the
radioactive waste in accordance with 10 CFR 61.55 when the waste is
being imported for direct disposal. The commenter stated that this
provision is too narrowly written and most waste would escape
classification. The commenter asserted that if the imported waste was
first processed or managed and then disposed of, under the proposed
rule, the waste would not be classified prior to import. This commenter
also stated that by allowing
[[Page 44079]]
the importer to characterize the waste rather than classify it prior to
import, the NRC may allow the import of radioactive waste that cannot
be disposed of in this country. Further, the host state or compact
would have insufficient information to make an informed decision about
the appropriateness of the waste for disposal at facilities under its
jurisdiction. Another commenter stated that in the past, there have
been situations where all the disposition pathways for waste resulting
from the processing of imported radioactive wastes were not clearly
identified in the original import license application. The commenter
recommended that the NRC require license applications for the import of
radioactive waste to include a list of all facilities that are
projected to receive wastes for disposal that result from imported
wastes. This should include licensed low-level waste disposal
facilities as well as landfills that are licensed to accept materials
such as those surveyed for bulk release (exempt wastes). The commenter
stated that this would ensure that parties responsible for evaluating
the application have the information necessary to conduct a thorough
review.
Response: As discussed above in Section I.B of this document, the
NRC's revisions to the definition of ``radioactive waste'' in 10 CFR
part 110 are designed, in part, to align export and import licensing
criteria with domestic regulations that are implemented by the NRC and
the Agreement States. Therefore, if a specific license is required to
possess the material domestically, a specific license would be required
to import or export that waste material. In accordance with domestic
regulations, the NRC, when processing applications for the import of
radioactive waste, would follow the waste attribution approaches used
in the United States, which are, in almost all cases, developed by the
Agreement States and compacts.
Under domestic licensing requirements, waste disposed of at a 10
CFR part 61 or equivalent Agreement State-licensed facility must be
classified in accordance with 10 CFR 61.55. Under the shipping manifest
requirements in Appendix G to 10 CFR part 20, waste must be classified
when it is being shipped for disposal. It is not required to be
classified before shipment for disposal, i.e., waste being sent to a
processor need not be classified, but waste being shipped directly for
disposal must be classified in accordance with 10 CFR 61.55. The waste
classification requirements are designed to provide for protection
against an inadvertent intruder into a waste disposal site 100 years or
more after the site is closed. For higher concentrations of waste (and
higher waste classes), additional measures are required at the disposal
site to ensure that the intruder is protected even from wastes that
pose a greater hazard. Thus, the classification of waste at
intermediate points in its processing is not relevant to the purpose of
waste classification.
The final rule does not require classification of waste being
imported to a waste processor because such classification would have no
safety relevance at that time. The licensed waste processor, after
processing the waste, must classify the waste which would ensure that
the disposal site facility requirements are met. This approach is
consistent with domestic requirements. It should be noted that the NRC
Chairman, on October 8, 2009, requested a vote paper from the NRC staff
addressing blending of low-level radioactive waste. While blending is
not related to the import of waste, the issue of when waste is to be
classified will be addressed in the paper. Current regulations require
that waste be classified when shipped for disposal. If, as a result of
this current review, changes are made in classification requirements or
practices, the staff will implement review procedures for waste import
applications consistent with new domestic practices or requirements.
While it is agreed that it is undesirable to import waste that
cannot be disposed of in the United States, the NRC will ensure, in its
review of license applications, that when there is uncertainty
regarding the final waste classification of waste to be disposed of,
that an export license application has been applied for to ensure that
no waste is left in the United States without a disposal option. This
ensures that any waste without a domestic disposal option will not be
orphaned in the United States, but will be returned to the country of
origin.
With respect to Agreement States and compacts making informed
decisions, the NRC will ensure in its consultations with States and
compacts, as applicable, that the waste to be processed and disposed of
meets the classification requirements of the disposal facility and the
license conditions of any intermediate facilities, such as a waste
processor. The final rule notes that license applicants would need to
characterize the waste before import to ensure that it meets the
license requirements for a domestic processor. However, consistent with
domestic regulations, classification is not required, since waste
classification is designed to ensure safety of waste to be disposed of,
and is not related to safety of the waste at intermediate points in its
processing.
In response to the concerns raised by the second commenter
regarding clearly identifying an imported waste's disposition pathway,
the NRC will consult with the Agreement State and, if applicable, the
low-level waste compact commission to ensure that an appropriate
facility is authorized to accept waste for management or disposal.
With respect to the commenter's recommendation that import license
applications include a list of all facilities projected to receive
imported waste, under domestic regulations a waste processor receiving
foreign waste could only transfer processed waste to authorized
recipients. Thus, there would be no safety or security concerns, once
waste was received by an authorized waste processor.
It is possible that other waste management or disposal facilities
receiving waste from a processor could be subject to laws or
regulations applicable to foreign wastes; however, assurances that
foreign waste could be accepted at these facilities would be needed.
Such assurance could come from consultations with the States and
compacts. In cases where foreign waste is attributed to the foreign
low-level waste generator, the NRC will consult with other affected
States and compacts that receive processed waste. Section 110.32(f)(6)
places an obligation on the foreign waste import applicant to identify
where the waste, not attributed to the processor (i.e. foreign waste
that remains attributed to the foreign low-level waste generator), will
be disposed of within the United States. Again, in accordance with
domestic regulations, the NRC will follow the waste attribution
approaches developed by the Agreement States and compacts in its
processing of applications to import foreign waste. There, the
applicable provisions of the proposed rule are unchanged in this final
rule.
Comment: Several commenters expressed support for the proposed
revisions to Sec. Sec. 110.43 and 110.45, that provided clarification
that the NRC consults (with respect to the import of radioactive waste)
with the host State(s), and, if applicable, the appropriate low-level
waste compact commission(s) to confirm that an appropriate facility has
agreed to accept and is authorized to possess the waste for management
or disposal. However, one commenter suggested that the NRC should
codify the requirement to obtain the consent of
[[Page 44080]]
any host State that is the proposed destination for imported
radioactive waste before approving an import application by adding a
new paragraph (g) to Sec. 110.43.
Another commenter sought clarification regarding what the NRC
intends to do if there is an impasse between the NRC and a host State
or compact concerning whether an appropriate facility is authorized to
accept foreign radioactive waste for disposal.
A third commenter suggested that the NRC should distinguish between
Agreement States that should be consulted to determine if the site is
licensed for disposal and host States under the compact system that are
consulted to determine if the disposal is allowed under compact rules.
Citing EnergySolutions, LLC v. NW Interstate Compact on Low-Level
Radioactive Waste Mgmt., No. 2:08-CV, D. Utah, June 17, 2009, this
commenter stated that for a non-compact site such as the
EnergySolutions Clive site, the concepts of host States and compacts do
not apply. For a non-compact site, consultation with the State in which
the site is located should only address the authorization for disposal
under the State's Agreement State authority. This commenter recommended
that Sec. Sec. 110.32(f)(6), 110.43(d), and 110.45(b)(4) should be
changed to address these distinctions.
Response: The NRC revised Sec. Sec. 110.43 and 110.45 in this
final rule to further clarify those contacted and the intent of the
proposed change. In response to the commenter's question regarding the
NRC's actions in an impasse, the NRC believes that such an impasse is
unlikely because the appropriateness and authorization of a facility
will be determined by the regulatory authority (i.e. the NRC or
Agreement State) and compacts as applicable.
F. 110.44--Physical Security Standards
Comment: One commenter sought clarification of the intent and
purpose of the incorporation by reference of the current INFCIRC/225/
Rev. 4 (corrected), June 1999, in Sec. 110.44(a). The commenter stated
that it is their understanding that INFCIRC/225/Rev. 4 (corrected),
June 1999, is currently undergoing review and revision by the IAEA and
international community; incorporation by reference of the current
INFCIRC document may not address the applicability of substantial
INFCIRC changes underway that could be potentially incorporated in the
future. The commenter stated that changes to INFCIRC/225/Rev. 4
(corrected), June 1999, may have a significant impact on physical
security standards, policy, and guidance, both domestic and
international.
Response: The NRC is aware of the current review by the IAEA and
the international community and will make any necessary changes to this
section once that document is finalized. Therefore, INFCIRC/225/Rev. 4
(corrected), June 1999, ``The Physical Protection of Nuclear Materials
and Nuclear Facilities'' continues to be incorporated by reference in
Sec. 110.44(a) of this final rule.
G. 110.50--Terms
Comment: Currently, notifications for imports are required to be
submitted at least seven days in advance of each shipment, to the
extent practical, but in no case less than 24 hours in advance of each
shipment. Several commenters addressed the proposed amendment to Sec.
110.50(c) that would require advance notification for imports to be
submitted seven days in advance of shipment. Specifically, one
commenter stated that a seven-day advance notification requirement
would cause many importers of Category 2 sources to be out of
compliance with the proposed regulation. This commenter noted that
there are many instances where his customers do not tell him when a
source is being returned.
Another commenter stated that it is unclear why the NRC now needs
seven-days advance notice. The commenter stated that the only
explanation is to allow NRC adequate time to verify information. The
commenter questioned the verification information if the importer is an
established licensee and routinely receives returned sources. This
commenter also noted that the NSTS would account for imported sources
once received under an NRC or Agreement State license. The commenter
recommended that the NRC have no requirement for advance notification
for the import of Category 2 sources because the sources will be
accounted for in the NSTS and there is no documented benefit to the
advance notification requirement.
One commenter noted that with regard to imports of Category 1
quantities of material, which are typically bulk and raw material
shipments, 24-hour advance notification is currently received and that
seven-day advance notification is not provided because final shipping
arrangements often change on a daily basis. The commenter recommended
that the NRC retain the current requirement that allows for 24-hour
advance notification.
Response: The pre-shipment notification requirement contained in
Sec. 110.50 is being included in this final rule as proposed because
the current policy of ``no less than 24 hours in advance'' is
insufficient for NRC staff to verify pre-shipment information and
coordinate with other applicable government agencies, such as an
Agreement State and/or the U.S. Customs and Border Protection.
Insufficient time to complete these activities could result in a delay
of the import entering the United States. The NRC suggests that
licensees work with their clients to better inform them of their
obligations to comply with United States' regulations so that the
client can provide the requisite information to ensure the U.S.
licensee is not out of compliance. In the event the shipment date is
changed after the NRC has been notified, the NRC will not require a
revised notification submission if the shipment will take place within
14 days of the initial shipment date provided to the NRC. If the
shipment date will be delayed for a longer period of time, a new
notification should be provided to the NRC.
III. Section-by-Section Analysis of the Final Rule
Subpart A--General Provisions
Section 110.1, Purpose and scope. This final rule removes paragraph
(b)(1) and the remainder of paragraph (b) is renumbered accordingly.
Paragraph (b) is clarified regarding the regulation of U.S. Munitions
List nuclear items.
Section 110.2, Definitions. This final rule revises the definitions
for Agreement for Cooperation, Atomic Energy Act, Classified
Information, Conversion facility, Depleted uranium, Effective kilograms
of special nuclear material, Embargoed, Executive Branch, General
license, Heels, Medical isotope, Natural uranium, Non-Nuclear Weapons
State, NRC Public Document Room, Obligations, Person, Physical
security, Production facility, Radioactive waste, Radiopharmaceutical,
Recipient Country, Restricted destinations, and Specific license. The
revision to the definition of radioactive waste is discussed in detail
in Section I.B of this document. The definitions for Bulk material,
Low-level waste compact, and Nuclear Suppliers Group are added for
clarification purposes. In addition, this final rule removes the
definition of Incidental radioactive material as discussed in Section
I.B of this document.
Section 110.6, Retransfers. This final rule adds language
clarifying the scope of the provisions to be consistent with the
requirements of the Atomic Energy
[[Page 44081]]
Act. Paragraph (b) is amended to update the address for the Department
of Energy.
Section 110.7, Information collection requirements: OMB approval.
This final rule restructures the section for clarification and makes a
minor editorial change.
Section 110.7a, Completeness and accuracy information. This final
rule makes an editorial change to paragraph (b).
Subpart B--Exemptions
Section 110.10, General. This final rule amends paragraph (c) to
clarify that an exemption does not relieve any person from complying
with the regulations of other U.S. Federal and/or State government
agencies.
Section 110.11, Export of IAEA safeguards samples. This final rule
makes editorial changes.
Subpart C--Licenses
Section 110.19, Types of licenses. This final rule removes
paragraph (b) which relates to exports of incidental radioactive
material. This final rule also amends paragraph (a) by removing the
last sentence regarding compliance with other applicable regulations,
and the paragraphs designation. The requirement that general and
specific licensees are subject to other applicable laws or regulations
is addressed in Sec. 110.50(a).
Section 110.20, General license information. This final rule
removes references to ``incidental radioactive material'' and corrects
citations in paragraph (a). Paragraph (d) is amended to preclude use of
generally licensed material in any illegal or inappropriate activity
such as use in a radiological dispersion device, diversion of material
or equipment, and other malicious acts.
Section 110.21, General license for the export of special nuclear
material. This final rule removes the general license provision related
to the export of incidental radioactive material in paragraph (e) and
makes editorial changes to paragraphs (a), (b), and (c).
Section 110.22, General license for the export of source material.
This final rule deletes paragraph (c), makes editorial changes,
corrects internal reference errors in the section, and adds a reference
to paragraph (d) to the text of paragraph (e). Paragraph (c) is removed
because it repeats rule text found in Sec. 110.21(b)(3). The final
rule also removes the general license provision related to the export
of incidental radioactive material in paragraph (g).
Section 110.23, General license for the export of byproduct
material. This final rule makes editorial and organizational changes to
clarify requirements. The reporting requirements in paragraph (b) for
exports of americium and neptunium are moved to Sec. 110.54, Reporting
requirements.
Section 110.24, General license for the export of deuterium. This
final rule makes editorial changes to clarify the text in order to
improve readability.
Section 110.25. This final rule adds and reserves Sec. 110.25.
This change is made to clarify that there is not a printing error in 10
CFR part 110 and reserves this section for possible future changes to
the regulations.
Section 110.26, General license for the export of nuclear reactor
components. This final rule restructures paragraph (a) to clarify that
the general license covers components of U.S. origin. In response to a
comment received on the proposed rule, a clarifying note is added at
the end of Sec. 110.26 regarding ``U.S. origin''. The text of
paragraph (a)(1) is incorporated into the introductory text of
paragraph (a). Paragraphs (a)(2) and (a)(3) are redesignated as (a)(1)
and (a)(2), respectively. New paragraph (a)(2) is revised to allow a
component to be returned to the United States after final fabrication
or repair or to be used in a nuclear power or research reactor in one
of the destinations listed in the section. This allows, for example, a
component that was sent to Japan for final fabrication or repair to be
sent to Spain for use in a nuclear power or research reactor in that
country. The list of destinations previously contained in paragraph (a)
are now in the new paragraph (b) of this final rule. Subsequent
paragraphs are renumbered accordingly.
New paragraph (b) is revised to include additional destinations to
which exports may be sent under a general license. These destinations
are Cyprus, Estonia, Hungary, Malta, Poland, Slovak Republic, and
Slovenia. The United States has received broad generic assurances from
EURATOM which also apply to these new EURATOM member countries for
purposes of section 109b. of the Atomic Energy Act.
The reporting requirements contained in paragraph (d) for exports
of reactor components are moved to Sec. 110.54, Reporting
requirements, in this final rule.
Section 110.27, General license for imports. This final rule
removes paragraphs (a)(1) and (a)(2). NRC's import regulations do not
apply to DOE imports of source, special nuclear, or byproduct material
including imports conducted on DOE's behalf by DOE contractors.
Paragraph (a)(2) is removed because a general license is not required
for the import of byproduct, source, or special nuclear material when
that same material is exempt from NRC domestic licensing requirements.
This change clarifies that material that is exempt or else not subject
to domestic licensing requirements (e.g., Sec. 31.18 and Sec. 40.13)
does not require a general or specific import license unless otherwise
mandated in 10 CFR part 110.
Paragraph (b) is revised to clarify that the 100 kilograms per
shipment limit only applies to the material and does not include the
weight of the container. As revised, this paragraph states that the
general license in paragraph (a) does not authorize the import of more
than 100 kilograms per shipment of source and/or special nuclear
material in the form of irradiated fuel.
This final rule revises paragraph (f) by removing the specific
license requirement for imports of radioactive material listed in Table
1 of Appendix P to 10 CFR part 110 and referencing the advance
notification requirement in Sec. 110.50.
Section 110.30, Members of the Nuclear Suppliers Group. This final
rule updates the list of Nuclear Suppliers Group members by adding
China, Croatia, Estonia, Iceland, Kazakhstan, Lithuania, and Malta.
Section 110.31, Application for a specific license. The final rule
amends this section to require requests for an exemption from a
licensing requirement to be filed on NRC Form 7. This is consistent
with NRC regulations that require all licensing requests (e.g.,
exports, imports, amendment, and renewal applications) to be made using
NRC Form 7. See 71 FR 19102; April 13, 2006.
This final rule also requires a request for an exemption from a
licensing requirement to be accompanied by the appropriate fee in
accordance with the fee schedules in Sec. Sec. 170.21 and 170.31. This
change is consistent with the Fiscal Year 2007 NRC Fee Rule which
established a flat fee for requests for exemptions from the NRC's
export and import licensing requirements. See 72 FR 31402; June 6,
2007. This change updates 10 CFR part 110 to reflect recent changes to
the fee schedule in 10 CFR part 170.
Additionally, this final rule adds a signature requirement to Sec.
110.31 that each application submitted on NRC Form 7 must be signed by
the applicant or licensee or a person duly authorized to act for and on
behalf of the applicant or licensee. This change is consistent with
requirements related to applications for specific licenses in other
parts of the NRC's regulations. It also clarifies that a signature is
required
[[Page 44082]]
to certify the veracity of information submitted to the agency on the
NRC Form 7.
Finally, the order of paragraphs (b) and (c) is reversed so that
Sec. 110.31 flows in a more logical manner where the requirement for
an application for a specific license to export or import or a request
for an exemption from a licensing requirement precedes the requirement
that such an application or request be accompanied by the appropriate
license fee. In paragraph (b), as revised, ``combined export/import''
is removed to be consistent with the proposal to allow imports of
Category 1 and 2 materials listed in Table 1 of Appendix P of 10 CFR
part 110 under general license.
Section 110.32, Information required on an application for a
specific license/NRC Form 7. This final rule change to paragraph (b) to
clarify that the name and address of any other party, including the
supplier of the equipment or material, if different from the applicant,
must be provided on the application. Paragraphs (f)(1) and (f)(2) are
amended for consistency purposes. Specifically, for the export of
nuclear equipment to a foreign reactor, a license application will
include the name of the facility so the NRC will know whether Executive
Branch review is required, per Sec. 110.41(a)(7).
This section is also amended to clarify that applicants for the
import of radioactive waste must provide the classification of that
waste as defined in 10 CFR 61.55 when the waste is being imported for
direct disposal. If the waste is being imported for treatment or
management at an NRC- or Agreement State-licensed waste processor,
classification, as defined in 10 CFR 61.55, is not required. Rather, a
detailed characterization (physical and chemical characteristics) of
the waste being imported for treatment or management must be provided
in the application.
Paragraph (g) is deleted to conform to the change that allows
Category 1 and Category 2 quantities of radioactive materials to be
imported under a general license. This change is discussed in more
detail in the section-by-section analysis for Sec. 110.27.
Paragraph (h) is redesignated as new paragraph (g) and allows the
exporter of Category 2 quantities of material listed in Table 1 of
Appendix P to provide the pertinent documentation that the recipient of
the material has the necessary authorization under the laws and
regulations of the importing country to receive and possess the
material to the NRC at least 24 hours prior to the shipment. The
requirement that the applicant for a Category 1 export license provide
the NRC, at the time the application is submitted, with pertinent
documentation demonstrating that the recipient of the radioactive
material has the necessary authorization (usually in the form of a
license) under the laws and regulations of the importing country to
receive and possess the material remain unchanged.
Subpart D--Review of License Applications
Section 110.40, Commission review. This final rule amends this
section to reduce the number of export license applications that
require Commission review, and instead focuses Commission review on the
export license applications that raise significant policy issues. For
example, mandatory Commission review of export applications for nuclear
grade graphite for nuclear end use and 1,000 kilograms or more of
deuterium oxide are no longer required unless the export raises an
important policy issue. This change also increases the proposed export
of one effective kilogram of high-enriched uranium, plutonium or
uranium-233 to five effective kilograms for mandatory Commission
review. The change mandates Commission review of export and import
license applications that raise significant policy issues. Significant
policy issues include, but are not limited to, the proposed initial
decision on whether to issue a license with special limitations to a
country, or the proposed decision on issuance of a license covering a
facility where major safety or security issues have been recently
raised. If the staff is uncertain whether a license application raises
a significant policy issue, the license application should receive
Commission review. However, any export that is subject to special
limitations as determined by the staff or the Executive Branch will be
considered one that raises a significant policy issue and will continue
to require Commission review. By focusing on policy issues, this change
increases efficiency and reduces fees on routine NRC export
applications. This final rule also adds a requirement for Commission
review of export applications of material listed in Table 1 of appendix
P to 10 CFR part 110 involving exceptional circumstances, as defined in
Sec. 110.42, or Category 1 quantities of material to any country
listed in Sec. 110.28.
Section 110.41, Executive Branch review. The final rule makes a
minor editorial change and requires Executive Branch review of exports
raising significant policy issues, including exports of radioactive
material listed in Table 1 of appendix P to 10 CFR part 110 involving
exceptional circumstances, as defined in Sec. 110.42. Also, the export
of radioactive material listed in Table 1 of Appendix P to any country
listed in Sec. Sec. 110.28 or 110.29 requires the review of the
Executive Branch in accordance with Sec. 110.41(a)(9).
Section 110.43, Import licensing criteria. This final rule
clarifies that, with respect to the import of radioactive waste, the
NRC consults with, as applicable, the Agreement State in which the
facility is located and the low-level waste compact commission(s) to
confirm that an appropriate facility has agreed to accept and is
authorized to possess the waste for management or disposal. This change
addresses commenters questions that the NRC received on the scope of
the Agreement State and low-level waste compact commission's role (if
applicable) regarding the NRC's review of import applications for
radioactive waste.
Additionally, this final rule removes the import licensing criteria
related to the imports of radioactive material listed in Appendix P.
This change conforms Sec. 110.43 with the change to allow Category 1
and Category 2 quantities of radioactive materials to be imported under
a general license. This change is discussed in more detail in the
section-by-section analysis for Sec. 110.27.
Section 110.44, Physical security standards. This final rule
corrects the Web site address for the National Archives and Records
Administration. Changes to Sec. 110.44(b)(1) clarify that the
Commission determinations on the adequacy of physical security measures
are based on receipt by the appropriate U.S. Executive Branch agency of
written assurances from the relevant recipient country governments that
physical security measures for providing protection are at least
comparable to the recommendations set forth in INFCIRC/225/Rev. 4
(corrected), June 1999.
Section 110.45, Issuance or denial of license. This final rule
removes the parenthetical text in paragraph (a) that states ``If an
Executive Order provides an exemption pursuant to section 126a of the
Atomic Energy Act, proposed exports to EURATOM countries are not
required to meet the criteria in Sec. 110.42(a)(4) and (5)''. This is
no longer needed because the Agreement for Cooperation in the Peaceful
Uses of Nuclear Energy between the European Atomic Energy Community
(EURATOM) and the United States of America that went into effect in
1995 obviates the need for a presidential exemption.
[[Page 44083]]
This final rule makes conforming changes to paragraph (b)(4) which
are consistent with the changes to Sec. 110.43(d), regarding the
issuance of an import license for radioactive waste. Paragraph (b)(5)
is removed to eliminate the criteria related to the imports of
radioactive material listed in Appendix P to 10 CFR part 110. This
change conforms Sec. 110.45 with the change to allow Category 1 and
Category 2 quantities of radioactive materials to be imported under a
general license. This change is discussed in more detail in the
section-by-section analysis for Sec. 110.27. Additionally, paragraph
(d) is amended to clarify that the provisions in this paragraph do not
apply to Commission decisions regarding license applications for
specific licenses to export radioactive material listed in Table 1 of
Appendix P.
Subpart E--License Terms and Related Provisions
Section 110.50, Terms. This final rule makes several editorial,
clarifying, and conforming changes to this section. In paragraph
(a)(1), changes clarify that each license is subject to all applicable
provisions of the Atomic Energy Act or other applicable law. Paragraph
(a)(4) is rewritten and renumbered as paragraph (a)(5) to make clear
that each license issued by the NRC for the export or import of nuclear
material authorizes only the export or import of that nuclear material
and accompanying packaging, fuel element, hardware, or other associated
devices or products. Paragraph (b)(5) is revised to remove reference to
10 CFR parts 40, 70, 71, and 73 and renumbered as paragraph (a)(3).
This license term applies to both general and specific licenses and is
moved to paragraph (a).
In paragraph (b)(2), changes clarify that a licensee may export or
import only for the purpose(s) and/or end-use(s) stated in the specific
export or import license issued by the NRC. Paragraph (b)(3) is amended
by adding a new paragraph (b)(3)(i) and renumbering current paragraphs
(b)(3)(i) and (b)(3)(ii) as (b)(3)(ii) and (b)(3)(iii), respectively.
New paragraph (b)(3)(i) clarifies that prior to shipment of certain
nuclear material or equipment that has associated with it export
controls imposed by other countries (foreign-obligated material or
equipment), a license amendment may be required to authorize the
shipment. Alternatively, the licensee is to give the NRC 40-days
advance notice of the intended shipment.
Paragraph (b)(4) is redesignated as new paragraph (c) and includes
the requirements for advanced notifications related to the export or
import of radioactive material listed in Table 1 of appendix P to 10
CFR part 110. Changes to the advance notification requirements conforms
this section to the change to allow Category 1 and Category 2
quantities of radioactive materials to be imported under a general
license. This change is discussed in more detail in the section-by-
section analysis for Sec. 110.27. Additionally, editorial changes
update the Web site information for the Office of International
Programs and provide specific details on where to send the information
required for export and import notifications.
Section 110.51, Amendment and renewal of licenses. This final rule
separates the requirements for license amendments and renewals into
separate paragraphs. This change clarifies the differences in
requirements between amendment and renewal requests and improves
readability of the section. No substantive changes are made to the
requirements of the paragraphs.
Section 110.53, United States address, records, and inspections.
This final rule clarifies that both general and specific licensees are
required to have an office in the United States where papers may be
served and where records required by the Commission will be maintained.
Also, similar clarifying language is added to paragraph (b) of this
section that license applicants and both general and specific licensees
shall maintain records concerning its exports and imports. Clarifying
language is added that byproduct material records must be retained for
three years after the date of each export or import shipment.
Section 110.54, Reporting requirements. The reporting requirements
in Sec. 110.23 for exports of americium and neptunium, and in Sec.
110.26 for exports of reactor components have been moved to Sec.
110.54. This change consolidates the reporting requirements in 10 CFR
part 110 into one section.
Subpart F--Violations and Enforcement
Sections 110.60, Violations, 110.66, Enforcement hearing, and
110.67, Criminal penalties. This final rule makes non-substantive
changes for the purposes of consistency and clarification.
Subpart G--Public Notification and Availability of Documents and
Records
Section 110.70, Public notice of receipt of an application. This
final rule clarifies that the Commission will publish in the Federal
Register a notice of receipt for applications for amendment or renewal
for the export of the nuclear equipment and material listed in Sec.
110.70(b)(1) through (b)(5) and for applications for amendment or
renewal for the import of radioactive waste. Once a notice has been
published, the Commission would not publish in the Federal Register
proposed minor amendments to the application or license. Proposed
amendments would be posted on the NRC's Web site.
Subpart H--Public Participation Procedures Concerning License
Applications
Section 110.80, Basis for hearings. This final rule corrects the
omission of the word ``import'' from the section. This change clarifies
that the procedures in 10 CFR part 110 constitute the exclusive basis
for hearings on export and import license applications.
Section 110.81, Written comments. This final rule clarifies that 30
days after public notice of receipt of the application means 30 days
after the application is posted on the NRC Web site at http://www.nrc.gov or in the Federal Register for those applications required
to be published in the Federal Register.
Section 110.82, Hearing request or intervention petition. This
final rule adds language stating that hearing requests and intervention
petitions are considered timely when filed no later than 30 days after
publication of notice on the NRC Web site. This change is consistent
with Sec. 110.70, which states that the Commission will notice the
receipt of each specific license application for an export or import by
making a copy available at the NRC Web site, http://www.nrc.gov.
Paragraphs (c)(2) and (c)(3) are renumbered accordingly.
Subpart I--Hearings
Section 110.112, Reporter and transcript for an oral hearing. This
final rule clarifies the scope of information that will be made
available at the NRC Web site or Public Document Room. Any portions of
the transcript for an oral hearing containing classified information,
Restricted Data, Safeguards information, proprietary information, or
other sensitive unclassified information will not be made available to
the public.
Appendix L to 10 CFR part 110--Illustrative list of byproduct
material under NRC export/import licensing authority.
This final rule revises the list of byproduct material in Appendix
L to include several radionuclides that are now classified as byproduct
material as a result of the Energy Policy Act of 2005, which expanded
the definition of
[[Page 44084]]
byproduct material in Section 11e. of the Atomic Energy Act.
Agreement State Compatibility
Under the ``Policy Statement on Adequacy and Compatibility of
Agreement State Programs'' approved by the Commission on June 30, 1997,
and published in the Federal Register on September 3, 1997 (62 FR
46517), this rule is classified as Compatibility Category ``NRC.''
Compatibility is not required for Category ``NRC'' regulations. The NRC
program elements in this category are those that relate directly to
areas of regulation reserved to the NRC by the Atomic Energy Act of
1954, as amended, or the provisions of Title 10 of the Code of Federal
Regulations. Although an Agreement State may not adopt program elements
reserved to NRC, it may wish to inform its licensees of certain
requirements via a mechanism that is consistent with the particular
State's administrative procedure laws but does not confer regulatory
authority on the State. The NRC will provide the Agreement States
additional information so that they can inform their licensees of the
change to and obligations under the revised import/export regulations.
Voluntary Consensus Standards
The National Technology Transfer and Advancement 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
using such a standard is inconsistent with applicable law or otherwise
impractical. This action does not constitute the establishment of a
standard for which the use of a voluntary consensus standard would be
applicable.
Environmental Impact: Categorical Exclusion
The NRC has determined that this final rule is the type of action
described in categorical exclusion 10 CFR 51.22(c)(1). Therefore,
neither an environmental impact statement nor an environmental
assessment has been prepared for this rule.
Paperwork Reduction Act Statement
This final rule decreases the information collection burden on
licensees to update, clarify, and correct several provisions. The
public burden for this information collection is estimated to be a
reduction of 6 hours, which is insignificant. Because the burden for
this information collection is insignificant, Office of Management and
Budget (OMB) approval of the final rule is not required. Existing
requirements were approved by the Office of Management and Budget,
approval number 3150-0036.
Abstract
The NRC is amending its regulations that govern the export and
import of nuclear equipment and material. In addition to updating,
clarifying, and correcting several provisions, the final rule allows
Category 1 and 2 quantities of material to be imported under a general
license.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
requirement unless the requesting document displays a currently valid
OMB control number.
Regulatory Analysis
A regulatory analysis has not been prepared for this regulation.
The NRC is amending its regulations at 10 CFR part 110 to update,
clarify, and correct several provisions improving NRC's regulatory
framework for the export and import of nuclear equipment, material, and
radioactive waste. Most of the changes are administrative in nature and
result in no changes to the information collection burden or costs to
the public. In addition to updating, clarifying and correcting several
provisions of 10 CFR part 110, this final rule allows imports of
Category 1 and 2 quantities of material under a general license instead
of a specific license. The final rule also revises the definition of
``radioactive waste.'' In addition, the definition of ``incidental
radioactive material'' has been removed and aspects of it have been
incorporated into the revised definition of ``radioactive waste.'' The
changes to 10 CFR part 110 facilitate the licensing process for exports
and imports of radioactive waste and improve the efficiency and
consistency of licensing actions. These changes do not result in a
significant increase to the information collection burden or costs to
the public.
Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980, (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.
This rule affects only companies exporting or importing nuclear
equipment, material, and radioactive waste to and from the United
States and does not fall within the scope of the definition of ``small
entities'' set forth in the Regulatory Flexibility Act (5 U.S.C.
601(3)), or the Size Standards established by the NRC (10 CFR 2.810).
Backfit Analysis
The NRC has determined that a backfit analysis is not required for
this rule because these amendments do not involve any provisions that
impose backfits as defined in 10 CFR chapter I.
Congressional Review Act
In accordance with the Congressional Review Act of 1996, the NRC
has determined that this action is not a major rule and has verified
this determination with the Office of Information and Regulatory
Affairs of OMB.
List of Subjects in 10 CFR Part 110
Administrative practice and procedure, Classified information,
Criminal penalties, Export, Import, Incorporation by reference,
Intergovernmental relations, Nuclear materials, Nuclear power plants
and reactors, Reporting and recordkeeping requirements, Scientific
equipment.
0
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, the NRC is adopting the following
amendments to 10 CFR part 110.
PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL
0
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, 134, 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); Energy Policy Act of 2005; Pub. L.
109-58, 119 Stat. 594 (2005).
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.
[[Page 44085]]
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.).
0
2. In Sec. 110.1, paragraph (b) is revised to read as follows:
Sec. 110.1 Purpose and scope.
* * * * *
(b) The regulations in this part apply to all persons in the United
States except:
(1) Persons who import or export U.S. Munitions List nuclear items
such as uranium depleted in the isotope-235 and incorporated in defense
articles. These persons are subject to the regulations promulgated
pursuant to the Arms Export Control Act and administered by the
Department of State, Directorate of Defense Trade Controls, and the
Department of Justice, Bureau of Alcohol, Tobacco, Firearms and
Explosives, as authorized by section 110 of the International Security
and Development Cooperation Act of 1980.
(2) Persons who export uranium depleted in the isotope-235 and
incorporated in commodities solely to take advantage of high density or
pyrophoric characteristics. These persons are subject to the controls
of the Department of Commerce under the Export Administration Act, as
continued in force under Executive Order 13222 (August 22, 2001), as
extended;
(3) Persons who export nuclear referral list commodities such as
bulk zirconium, rotor and bellows equipment, maraging steel, nuclear
reactor related equipment, including process control systems and
simulators. These persons are subject to the licensing authority of the
Department of Commerce pursuant to 15 CFR part 730 et seq.;
(4) Persons who import deuterium, nuclear grade graphite, or
nuclear equipment other than production or utilization facilities. A
uranium enrichment facility is not a production facility for the
purposes of import; and
(5) Shipments which are only passing through the U.S. (in bond
shipments) do not require an NRC import or export license; however,
they must comply with the Department of Transportation/IAEA packaging,
and State transportation requirements.
0
3. In Sec. 110.2:
0
a. The definition of ``Incidental radioactive material'' is removed;
0
b. The definitions of ``Agreement for Cooperation'', ``Atomic Energy
Act'', ``Classified Information'', ``Conversion facility'', ``Depleted
uranium'', ``Effective kilograms of special nuclear material'',
``Embargoed'', ``Executive Branch'', ``General license'', ``Heels'',
``Medical isotope'', ``Natural uranium'', ``Non-Nuclear Weapons
State'', ``NRC Public Document Room'', ``Obligations'', ``Person'',
``Physical security'', ``Production facility'', ``Radioactive waste'',
``Radiopharmaceutical'', ``Recipient Country'', ``Restricted
destinations'', and ``Specific license'' are revised; and
0
c. The definitions of ``Bulk material'', ``Low-level waste compact'',
and ``Nuclear Suppliers Group'' are added in alphabetical order.
The revisions and additions read as follows:
Sec. 110.2 Definitions.
* * * * *
Agreement for Cooperation means any agreement with another nation
or group of nations concluded under section 123 of the Atomic Energy
Act.
Atomic Energy Act means the Atomic Energy Act of 1954, as amended
(42 U.S.C. 2011 et seq.).
Bulk Material means any quantity of any one or more of the
radionuclides listed in Table 1 of Appendix P to this part in a form
that is:
(1) Not a Category 1 radioactive source;
(2) Not a Category 2 radioactive source;
(3) Not plutonium-238; and
(4) Deemed to pose a risk similar to or greater than a Category 2
radioactive source.
* * * * *
Classified Information means Classified National Security
Information under Executive Order 12958, as amended, or any successor
Executive Order and Restricted Data under the Atomic Energy Act.
* * * * *
Conversion facility means any facility for the transformation from
one uranium chemical species to another, including conversion of
uranium ore concentrates to uranium trioxide (UO3), conversion of UO3
to uranium dioxide (UO2), conversion of uranium oxides to uranium
tetrafluoride (UF4) or uranium hexafluoride (UF6), conversion of UF4 to
UF6, conversion of UF6 to UF4, conversion of UF4 to uranium metal, and
conversion of uranium fluorides to UO2.
Depleted uranium means uranium having a percentage of uranium-235
less than the naturally occurring distribution of uranium-235 found in
natural uranium (less than 0.711 weight percent uranium-235). It is
obtained from spent (used) fuel elements or as byproduct tails or
residues from uranium isotope separation.
* * * * *
Effective kilograms of special nuclear material means:
(1) For plutonium and uranium-233, their weight in kilograms;
(2) For uranium enriched 1 percent or greater in the isotope
uranium-235, its element weight in kilograms multiplied by the square
of its enrichment expressed as a decimal weight fraction; and
(3) For uranium enriched below 1 percent in the isotope uranium-
235, its element weight in kilograms multiplied by 0.0001.
Embargoed means that no nuclear material or equipment can be
exported to certain countries under an NRC general license. Exports to
embargoed countries must be pursuant to a specific license issued by
the NRC and require Executive Branch review pursuant to Sec. 110.41.
* * * * *
Executive Branch means the Departments of State, Energy, Defense
and Commerce.
* * * * *
General license means an export or import license effective without
the filing of a specific application with the Commission or the
issuance of licensing documents to a particular person. A general
license is a type of license issued through rulemaking by the NRC and
is not an exemption from the requirements in this part. A general
license does not relieve a person from complying with other applicable
NRC, Federal, and State requirements.
Heels means small quantities of natural, depleted or low-enriched
uranium (to a maximum of 20 percent), in the form of uranium
hexaflouride (UF6) left in emptied transport cylinders being returned
to suppliers after delivery of the product.
* * * * *
Low-level waste compact, as used in this part, means a compact
entered into by two or more States pursuant to the Low-Level
Radioactive Waste Policy Amendments Act of 1985.
* * * * *
Medical isotope, for the purposes of Sec. 110.42(a)(9), includes
molybdenum-99, iodine-131, xenon-133, and other radioactive materials
used to produce a radiopharmaceutical for diagnostic, therapeutic
procedures or for research and development.
Natural uranium means uranium as found in nature, containing about
0.711 percent of uranium-235, 99.283 percent of uranium-238, and a
trace (0.006 percent) of uranium-234.
* * * * *
Non-Nuclear Weapon State means any State not a nuclear weapon State
as
[[Page 44086]]
defined in the Treaty on the Non-Proliferation of Nuclear Weapons.
Nuclear Weapon State means any State which has manufactured and
exploded a nuclear weapon or other nuclear explosive device prior to
January 1, 1967 (China, France, Russia, United Kingdom, United States).
* * * * *
NRC Public Document Room means the facility at One White Flint
North, 11555 Rockville Pike (first floor), Rockville, Maryland, where
certain public records of the NRC that were made available for public
inspection in paper or microfiche prior to the implementation of the
NRC Agencywide Documents Access and Management System, commonly
referred to as ADAMS, will remain available for public inspection. It
is also the place where NRC makes computer terminals available to
access the Publicly Available Records System (PARS) component of ADAMS
on the NRC Web site, http://www.nrc.gov, and where copies can be viewed
or ordered for a fee as set forth in Sec. 9.35 of this chapter. The
facility is staffed with reference librarians to assist the public in
identifying and locating documents and in using the NRC Website and
ADAMS. The NRC Public Document Room is open from 7:45 a.m. to 4:15
p.m., Monday through Friday, except on Federal holidays. Reference
service and access to documents may also be requested by telephone
(301-415-4737 or 800-397-4209) between 8:30 a.m. and 4:15 p.m., or by
e-mail ([email protected]), facsimile (301-415-3548), or letter (NRC
Public Document Room, One White Flint North, 11555 Rockville Pike
(first floor), Rockville, Maryland 20852-2738).
* * * * *
Nuclear Suppliers Group (NSG) is a group of nuclear supplier
countries which seeks to contribute to the non-proliferation of nuclear
weapons through the implementation of Guidelines for nuclear exports
and nuclear-related exports.
Obligations means the commitments undertaken by the U.S. Government
or by foreign governments or groups of nations with respect to imports
or exports of nuclear material (except byproduct material) and
equipment listed in Sec. Sec. 110.8 and 110.9. Imports and exports of
material or equipment subject to these commitments involve conditions
placed on the transfer of the material or equipment, such as peaceful
end-use assurances, prior consent for retransfer, and exchanges of
information on the import or export. The U.S. Government informs the
licensee of obligations attached to material or equipment being
imported into the United States and approves changes to those
obligations.
* * * * *
Person means any individual, corporation, partnership, firm,
association, trust, estate, public or private institution, group,
Government agency, other than the Commission or the Department of
Energy, except that the Department of Energy shall be considered a
person within the meaning of the regulations in this part to the extent
that its activities are subject to the licensing and related regulatory
authority of the Commission pursuant to section 111 of the Atomic
Energy Act; any State or political subdivision of, or any political
entity within a State, any foreign government or nation or any
political subdivision of any such government or nation, or other
entity; and any legal successor, representative, agent, or agency of
the foregoing.
Physical security or Physical protection means measures to
reasonably ensure that source or special nuclear material will only be
used for authorized purposes and to prevent theft or sabotage.
Production facility means any nuclear reactor or plant specially
designed or used to produce special nuclear material through the
irradiation of source material or special nuclear material, the
chemical reprocessing of irradiated source or special nuclear material,
or the separation of isotopes, other than a uranium enrichment facility
for purposes of import.
* * * * *
Radioactive waste, for the purposes of this part, means any
material that contains or is contaminated with source, byproduct, or
special nuclear material that by its possession would require a
specific radioactive material license in accordance with this Chapter
and is imported or exported for the purposes of disposal in a land
disposal facility as defined in 10 CFR part 61, a disposal area as
defined in Appendix A to 10 CFR part 40, or an equivalent facility; or
recycling, waste treatment or other waste management process that
generates radioactive material for disposal in a land disposal facility
as defined in 10 CFR part 61, a disposal area as defined in Appendix A
to 10 CFR part 40, or an equivalent facility. Radioactive waste does
not include radioactive material that is--
(1) Of U.S. origin and contained in a sealed source, or device
containing a sealed source, that is being returned to a manufacturer,
distributor or other entity which is authorized to receive and possess
the sealed source or the device containing a sealed source;
(2) A contaminant on any non-radioactive material (including
service tools and protective clothing) used in a nuclear facility (an
NRC- or Agreement State-licensed facility (or equivalent facility) or
activity authorized to possess or use radioactive material), if the
material is being shipped solely for recovery and beneficial reuse of
the non-radioactive material in a nuclear facility and not for waste
management purposes or disposal;
(3) Exempted from regulation by the Nuclear Regulatory Commission
or equivalent Agreement State regulations;
(4) Generated or used in a U.S. Government waste research and
development testing program under international arrangements;
(5) Being returned by or for the U.S. Government or military to a
facility that is authorized to possess the material; or
(6) Imported solely for the purposes of recycling and not for waste
management or disposal where there is a market for the recycled
material and evidence of a contract or business agreement can be
produced upon request by the NRC.
Note: The definition of radioactive waste in this part does not
include spent or irradiated fuel.
Radiopharmaceutical, for the purposes of Sec. 110.42(a)(9), means
a radioactive isotope that contains byproduct material combined with
chemical or biological material and is designed to accumulate
temporarily in a part of the body for therapeutic purposes or for
enabling the production of a useful image for use in a diagnosis of a
medical condition.
Recipient Country, for the purposes of Sec. 110.42(a)(9), means
Canada, Belgium, France, Germany, and the Netherlands.
Restricted destinations means countries that are listed in Sec.
110.29 based on recommendations from the Executive Branch. These
countries may receive exports of certain materials and quantities under
a general license, but some exports to restricted destinations will
require issuance of a specific license by the NRC including Executive
Branch review pursuant to Sec. 110.41.
* * * * *
Specific license means an export or import license document issued
to a named person and authorizing the export or import of specified
nuclear equipment or materials based upon the review and approval of an
NRC Form 7 application filed pursuant to this part and other related
submittals in support of the application.
* * * * *
[[Page 44087]]
0
4. Section 110.6 is revised to read as follows:
Sec. 110.6 Retransfers.
(a) Retransfer of any nuclear equipment or material listed in
Sec. Sec. 110.8 and 110.9 (except byproduct material), including
special nuclear material produced through the use of equipment, source
material, or special nuclear material bearing obligations to the United
States pursuant to an agreement for cooperation, requires authorization
by the Department of Energy, unless the export to the new destination
is authorized by the NRC under a specific or general license or an
exemption from licensing requirements. See definition of
``obligations'' in Sec. 110.2.
(b) Requests for authority to retransfer are processed by the
Department of Energy, National Nuclear Security Administration, Office
of International Regimes and Agreements, Washington, DC 20585.
0
5. In Sec. 110.7, paragraph (c) is revised to read as follows:
Sec. 110.7 Information collection requirements: OMB approval.
* * * * *
(c) This part contains information collection requirements in
addition to those approved under the control number specified in
paragraph (a) of this section. The information collection requirements
contained in Sec. Sec. 110.19, 110.20, 110.21, 110.22, 110.23, 110.31,
110.32, and 110.51, and NRC Form 7 are approved under control number
3150-0027.
0
6. In Sec. 110.7a, paragraph (b) is revised to read as follows:
Sec. 110.7a Completeness and accuracy of information.
* * * * *
(b) Each licensee or applicant for a license shall notify the
Commission of information identified by the applicant or licensee as
having, for the regulated activity, a significant implication for
public health and safety or common defense and security. An applicant
or licensee violates this paragraph if the applicant or licensee fails
to notify the Commission of information that the applicant or licensee
has identified as having a significant implication for public health
and safety or common defense and security. Notification shall be
provided to the Administrator of the appropriate Regional Office within
two working days of identifying the information. This requirement is
not applicable to information which is already required to be provided
to the Commission by other reporting or updating requirements.
0
7. In Sec. 110.10, paragraph (c) is revised to read as follows:
Sec. 110.10 General.
* * * * *
(c) The granting of an exemption does not relieve any person from
complying with the regulations of other U.S. Federal and/or State
government agencies applicable to exports or imports under their
authority.
0
8. Section 110.11 is revised to read as follows:
Sec. 110.11 Export of IAEA safeguards samples.
A person is exempt from the requirements for a license to export
special nuclear material set forth in sections 53 and 54d. of the
Atomic Energy Act and from the regulations in this part to the extent
that the person exports special nuclear material in IAEA safeguards
samples, if the samples are exported in accordance with Sec. 75.8 of
this chapter, or a comparable Department of Energy order, and are in
quantities not exceeding a combined total of 100 grams of contained
plutonium, uranium-233 and uranium-235 per facility per year. This
exemption does not relieve any person from complying with parts 71 or
73 of this chapter or any Commission order under section 201(a) of the
Energy Reorganization Act of 1974 (42 U.S.C. 5841(a)).
0
9. Section 110.19 is revised to read as follows:
Sec. 110.19 Types of licenses.
Licenses for the export and import of nuclear equipment and
material in this part consist of general licenses and specific
licenses. A general license is effective without the filing of an
application with the Commission or the issuance of licensing documents
to a particular person. A specific license is issued to a named person
and is effective upon approval by the Commission of an application
filed pursuant to the regulations in this part and issuance of
licensing documents to the applicant.
0
10. In Sec. 110.20, paragraphs (a) and (d) are revised to read as
follows:
Sec. 110.20 General license information.
(a) A person may use an NRC general license as authority to export
or import nuclear equipment or material, if the nuclear equipment or
material to be exported or imported is covered by the NRC general
licenses described in Sec. Sec. 110.21 through 110.27. If an export or
import is not covered by the NRC general licenses described in
Sec. Sec. 110.21 through 110.27, a person must file an application
with the Commission for a specific license in accordance with
Sec. Sec. 110.31 through 110.32.
* * * * *
(d) A general license for export may not be used if the exporter
knows, or has reason to believe, that the material will be used in any
illegal activity or any activity related to isotope separation,
chemical reprocessing, heavy water production or the fabrication of
nuclear fuel containing plutonium, unless these activities are
generically authorized under an appropriate agreement for cooperation.
* * * * *
0
11. In Sec. 110.21 paragraph (e) is removed and paragraphs (a)(3),
(a)(4), (b), and (c) are revised to read as follows:
Sec. 110.21 General license for the export of special nuclear
material.
(a) * * *
(3) Special nuclear material, other than plutonium-236 and
plutonium-238, in sensing components in instruments, if no more than 3
grams of enriched uranium or 0.1 gram of plutonium or uranium-233 are
contained in each sensing component.
(4) Plutonium-236 and plutonium-238 when contained in a device, or
a source for use in a device, in quantities of less than 3.7 x
10-3 TBq (100 millicuries) of alpha activity (189 micrograms
plutonium-236, 5.88 milligrams plutonium-238) per device or source.
(b) Except as provided in paragraph (d) of this section, a general
license is issued to any person to export the following to any country
not listed in Sec. 110.28 or Sec. 110.29:
(1) Special nuclear material, other than plutonium-236 and
plutonium-238, in individual shipments of 0.001 effective kilogram or
less (e.g., 1.0 gram of plutonium, uranium-233 or uranium-235, or 10
kilograms of 1 percent enriched uranium), not to exceed 0.1 effective
kilogram per calendar year to any one country.
(2) Special nuclear material in fuel elements as replacements for
damaged or defective unirradiated fuel elements previously exported
under a specific license, subject to the same terms as the original
export license and the condition that the replaced fuel elements must
be returned to the United States within a reasonable time period.
(3) Uranium, enriched to less than 20 percent in uranium-235, in
the form of uranium hexafluoride (UF6) heels in cylinders being
returned to suppliers in EURATOM.
(c) Except as provided in paragraph (d) of this section, a general
license is
[[Page 44088]]
issued to any person to export plutonium-236 or plutonium-238 to any
country listed in Sec. 110.30 in individual shipments of 1 gram or
less, not to exceed 100 grams per calendar year to any one country.
* * * * *
0
12. Section 110.22 is revised to read as follows:
Sec. 110.22 General license for the export of source material.
(a) Except as provided in paragraph (e) of this section, a general
license is issued to any person to export the following to any country
not listed in Sec. 110.28:
(1) Uranium or thorium, other than uranium-230, uranium-232,
thorium-227, and thorium-228, in any substance in concentrations of
less than 0.05 percent by weight.
(2) Thorium, other than thorium-227 and thorium-228, in
incandescent gas mantles or in alloys in concentrations of 5 percent or
less.
(3) Thorium-227, thorium-228, uranium-230, and uranium-232 when
contained in a device, or a source for use in a device, in quantities
of less than 3.7 x 10-3 TBq (100 millicuries) of alpha
activity (3.12 micrograms thorium-227, 122 micrograms thorium-228, 3.7
micrograms uranium-230, 4.7 milligrams uranium-232) per device or
source.
(b) Except as provided in paragraph (f) of this section, a general
license is issued to any person to export uranium or thorium, other
than uranium-230, uranium-232, thorium-227, or thorium-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
calendar year to any one country or 500 kilograms per calendar year to
any one country when the uranium or thorium is Canadian-obligated.
(c) Except as provided in paragraph (e) of this section, a general
license is issued to any person to export uranium or thorium, other
than uranium-230, uranium-232, thorium-227, or thorium-228, in
individual shipments of 1 kilogram or less to any country listed in
Sec. 110.29, not to exceed 100 kilograms per calendar year to any one
country.
(d) Except as provided in paragraph (e) of this section, a general
license is issued to any person to export uranium-230, uranium-232,
thorium-227, or thorium-228 in individual shipments of 10 kilograms or
less to any country listed in Sec. 110.30, not to exceed 1,000
kilograms per calendar year to any one country or 500 kilograms per
calendar year to any one country when the uranium or thorium is
Canadian-obligated.
(e) Paragraphs (a), (b), (c), and (d) of this section do not
authorize the export under general license of source material in
radioactive waste.
0
13. 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 byproduct
material (see Appendix L to this part) to any country not listed in
Sec. 110.28 and subject to the following limitations:
(1) The general license in this section does not authorize the
export of byproduct material in the form of radioactive waste.
(2) The general license in this section does not authorize the
export of the following radionuclides:
Americium-242m
Californium-249
Californium-251
Curium-245
Curium-247
(3) For byproduct materials listed in Table 1 of Appendix P to this
part, individual shipments under a general license for export must be
less than the terabequeral (TBq) values specified in Category 2 of
Table 1 unless a more restrictive requirement applies.
(4) The general license authorizes exports of the following
radionuclides when contained in a device, or a source for use in a
device, in quantities less than 3.7 x 10-3 TBq (100
millicuries) of alpha activity per device or source, unless the export
is to a country listed in Sec. 110.30:
Actinium-225
Actinium-227
Californium-248
Californium-250
Californium-252
Californium-253
Californium-254
Curium-240
Curium-241
Curium-242
Curium-243
Curium-244
Einsteinium-252
Einsteinium-253
Einsteinium-254
Einsteinium-255
Fermium-257
Gadolinium-148
Mendelevium-258
Neptunium-235
Polonium-208
Polonium-209
Polonium-210
Radium-223
(5)(i) For americium-241, exports under the general license to a
country listed in Sec. 110.29 must not exceed 3.7 x 10-2
TBq (one curie) per shipment.
(ii) For americium-241, exports under the general license to a
country listed in Sec. 110.29 that exceed 3.7 x 10-2 TBq
(one curie) per shipment, must be contained in industrial process
control equipment or petroleum exploration equipment in quantities not
exceeding 0.60 TBq (16 curies) per device and not exceeding 7.4 TBq/
calendar year (200 curies/calendar year) to any one country.
(iii) All exports of americium are subject to the reporting
requirements listed in Sec. 110.54(b).
(6) For neptunium-235 and -237, exports under the general license
must not exceed one gram for individual shipment and must not exceed a
cumulative total of 10 grams per calendar year to any one country. All
exports of neptunium are subject to the reporting requirements listed
in Sec. 110.54(b).
(7) For polonium-210, exports under the general license, when
contained in static eliminators, must not exceed 3.7 TBq (100 curies)
per individual shipment.
(8)(i) For tritium in any dispersed form (e.g., luminescent light
sources and paint, accelerator targets, calibration standards, labeled
compounds), exports under the general license must not exceed 0.37 TBq
(10 curies (1.03 milligrams)) per item, not to exceed 37 TBq (1,000
curies (103 milligrams)) per shipment, or 370 TBq (10,000 curies (1.03
grams)) per calendar year to any one country.
(ii) For tritium in any dispersed form (e.g., luminescent light
sources and paint, accelerator targets, calibration standards, labeled
compounds), exports under the general license to the countries listed
in Sec. 110.30 must not exceed the quantity of 1.48 TBq (40 curies
(4.12 milligrams)) per item, not to exceed 37 TBq (1,000 curies (103
milligrams)) per shipment or 370 TBq (10,000 curies (1.03 grams)) per
calendar year to any one country.
(iii) For tritium in luminescent safety devices installed in an
aircraft, exports under the general license must not exceed 1.48 TBq
(40 curies (4.12 milligrams)) per light source.
(iv) The general license in this section does not authorize the
export of tritium for recovery or recycle purposes.
0
14. Section 110.24 is revised to read as follows:
Sec. 110.24 General license for the export of deuterium.
(a) A general license is issued to any person to export to any
country not listed in Sec. 110.28 or Sec. 110.29 deuterium
[[Page 44089]]
in individual shipments of 10 kilograms or less (50 kilograms of heavy
water). No person may export more than 200 kilograms (1,000 kilograms
of heavy water) per calendar year to any one country.
(b) A general license is issued to any person to export to any
country listed in Sec. 110.29 deuterium in individual shipments of 1
kilogram or less (5 kilograms of heavy water). No person may export
more than 5 kilograms (25 kilograms of heavy water) per calendar year
to any one country listed in Sec. 110.29.
Sec. 110.25 [Reserved]
0
15. Section 110.25 is reserved.
0
16. Section 110.26 is revised to read as follows:
Sec. 110.26 General license for the export of nuclear reactor
components.
(a) A general license is issued to any person to export to a
destination listed in paragraph (b) of this section any nuclear reactor
component of U.S. origin described in paragraphs (5) through (9) of
Appendix A to this part if--
(1) The component will be used in a light or heavy water-moderated
power or research reactor; or
(2) The component is in semifabricated form and will be undergoing
final fabrication or repair in those countries for either subsequent
return to the United States for use in a nuclear power or research
reactor in the United States or in one of the destinations listed in
paragraph (b) of this section.
(b) The export of nuclear reactor components under the general
license established in paragraph (a) of this section is approved to the
following destinations:
Austria
Belgium
Bulgaria
Canada
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Indonesia
Ireland
Italy
Japan
Latvia
Lithuania
Luxembourg
Malta
Netherlands
New Zealand
Philippines
Poland
Portugal
Republic of Korea
Romania
Slovak Republic
Slovenia
Spain
Sweden
Switzerland
Taiwan
United Kingdom
(c) This general license does not authorize the export of
components, in final or semi-fabricated form, for research reactors
capable of continuous operation above 5 MW thermal.
(d) This general license does not authorize the export of
essentially complete reactors through piecemeal exports of facility
components. When individual exports of components would amount in the
aggregate to export of an essentially complete nuclear reactor, a
facility export license is required.
(e) All exports under paragraph (a) of this section are subject to
the reporting requirements in Sec. 110.54(c).
Note to Sec. 110.26: U.S. Origin includes components produced
or finished in the United States, even with non-U.S. content unless
the foreign content is obligated by supplier government conditions,
such as a prior consent for retransfer condition.
0
17. In Sec. 110.27, paragraphs (a), (b), (c), and (f) are revised to
read as follows:
Sec. 110.27 General license for import.
(a) Except as provided in paragraphs (b) and (c) of this section, a
general license is issued to any person to import byproduct, source, or
special nuclear material if the U.S. consignee is authorized to receive
and possess the material under a general or specific NRC or Agreement
State 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.
(b) The general license in paragraph (a) of this section does not
authorize the import of more than 100 kilograms per shipment of source
and/or special nuclear material in the form of irradiated fuel.
(c) Paragraph (a) of this section does not authorize the import
under a general license of radioactive waste.
* * * * *
(f) Importers of radioactive material listed in Appendix P to this
part must provide the notifications required by Sec. 110.50.
Sec. 110.30 [Amended]
0
18. Section 110.30 is amended by adding ``China'', ``Croatia'',
``Estonia'', ``Iceland'', ``Kazakhstan'', ``Lithuania'', and ``Malta''
in alphabetical order.
0
19. Section 110.31 is revised to read as follows:
Sec. 110.31 Application for a specific license.
(a) A person shall file an application for a specific license to
export or import with the Deputy Director of the NRC's Office of
International Programs, using an appropriate method listed in Sec.
110.4.
(b) Applications for an export, import, amendment or renewal
licenses or a request for an exemption from a licensing requirement
under this part shall be filed on NRC Form 7.
(c) An application for a specific license to export or import or a
request for an exemption from a licensing requirement must be
accompanied by the appropriate fee in accordance with the fee schedules
in Sec. 170.21 and Sec. 170.31 of this chapter. A license application
will not be processed unless the specified fee is received.
(d) Each application on NRC Form 7 shall be signed by the applicant
or licensee or a person duly authorized to act for and on behalf of the
applicant or licensee.
(e) Each person shall provide in the license application, as
appropriate, the information specified in Sec. 110.32. The Commission
also may require the submission of additional information if necessary
to complete its review.
(f) An application may cover multiple shipments and destinations.
(g) The applicant shall withdraw an application when it is no
longer needed. The Commission's official files retain all documents
related to a withdrawn application.
0
20. Section 110.32 is revised to read as follows:
Sec. 110.32 Information required in an application for a specific
license/NRC Form 7.
(a) Name and address of applicant.
(b) Name and address of any other party, including the supplier of
equipment or material, if different from the applicant.
(c) Country of origin of equipment or material, and any other
countries that have processed the material prior to its import into the
U.S.
Note: This is meant to include all obligations attached to the
material, according to the definition of obligations in Sec. 110.2.
Licensees must keep records of obligations attached to material
which they own or is in their possession.
(d) Names and addresses of all intermediate and ultimate
consignees,
[[Page 44090]]
other than intermediate consignees performing shipping services only.
(e) Dates of proposed first and last shipments.
(f) Description of the equipment or material including, as
appropriate, the following:
(1) Maximum quantity of material in grams or kilograms
(terabequerels or TBq for byproduct material) and its chemical and
physical form.
(2) For enriched uranium, the maximum weight percentage of
enrichment and maximum weight of contained uranium-235.
(3) For nuclear equipment, the name of the facility and its total
dollar value.
(4) For nuclear reactors, the name of the facility, its design
power level and its total dollar value.
(5) For proposed exports or imports of radioactive waste, the
volume, physical and chemical characteristics, route of transit of
shipment, classification (as defined in Sec. 61.55 of this chapter) if
imported or exported for direct disposal at part 61 or equivalent
Agreement State licensed facility, and ultimate disposition (including
forms of management or treatment) of the waste.
(6) For proposed imports of radioactive waste, the industrial or
other process responsible for generation of the waste, and the status
of the arrangements for disposition, including pertinent documentation
of these arrangements.
(7) Description of end use by all consignees in sufficient detail
to permit accurate evaluation of the justification for the proposed
export or import, including the need for shipment by the dates
specified.
(g)(1) For proposed exports of Category 1 quantities of material
listed in Table 1 of 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 receive and
possess the material.
(2) For proposed exports of Category 2 quantities of material
listed in Table 1 of 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 receive and
possess the material. This documentation must be provided to the NRC at
least 24 hours prior to the shipment.
(3) Pertinent documentation shall consist of a copy of the
recipient's authorization to receive and possess the material to be
exported or a confirmation from the government of the importing country
that the recipient is so authorized. The recipient authorization shall
include the following information:
(i) Name of the recipient;
(ii) Recipient location and legal address or principal place of
business;
(iii) Relevant radionuclides and radioactivity being imported or
that the recipient is authorized to receive and possess;
(iv) Uses, if appropriate; and
(v) The expiration date of the recipient's authorization (if any).
0
21. Section 110.40 is revised to read as follows:
Sec. 110.40 Commission review.
(a) Immediately after receipt of a license application for an
export or import requiring a specific license under this part, the
Commission will initiate its licensing review and, to the maximum
extent feasible, will expeditiously process the application
concurrently with any applicable review by the Executive Branch.
(b) The Commissioners shall review a license application for export
of the following:
(1) A production or utilization facility.
(2) More than 5 effective kilograms of high-enriched uranium,
plutonium or uranium-233.
(3) An export involving assistance to end uses related to isotope
separation, chemical reprocessing, heavy water production, advanced
reactors, or the fabrication of nuclear fuel containing plutonium,
except for exports of source material or low-enriched uranium to
EURATOM or Japan for enrichment up to 5 percent in the isotope uranium-
235, and those categories of exports which the Commission has approved
in advance as constituting permitted incidental assistance.
(4) The initial export to a country since March 10, 1978 of source
or special nuclear material for nuclear end use.
(5) An initial export to any country listed in Sec. 110.28 or
Sec. 110.29 involving over:
(i) 10 grams of plutonium, uranium-233 or high-enriched uranium;
(ii) 1 effective kilogram of low-enriched uranium;
(iii) 250 kilograms of source material or heavy water; or
(iv) 37 TBq (1,000 curies) of tritium.
(6) The export of radioactive material listed in Table 1 of
Appendix P of this part involving:
(i) Exceptional circumstances in Sec. 110.42(e); or
(ii) Category 1 quantities of material to any country listed in
Sec. 110.28.
(c) The Commission will review export and import license
applications raising significant policy issues.
(d) If the Commission has not completed action on a license
application within 60 days after receipt of the Executive Branch
judgment, as provided for in Sec. 110.41, or the license application
when an Executive Branch judgment is not required, it will inform the
applicant in writing of the reason for delay and, as appropriate,
provide follow-up reports.
0
22. In Sec. 110.41, paragraphs (a)(2) and (a)(10) are revised to read
as follows:
Sec. 110.41 Executive Branch review.
(a) * * *
(2) More than one effective kilogram of high-enriched uranium or 10
grams of plutonium or uranium-233.
* * * * *
(10) An export raising significant policy issues or subject to
special limitations as determined by the Commission or the Executive
Branch, including exports of radioactive material listed in Table 1 of
appendix P to this part involving exceptional circumstances in Sec.
110.42(e).
* * * * *
0
23. In Sec. 110.43, paragraphs (e) and (f) are removed and paragraph
(d) is revised to read as follows:
Sec. 110.43 Import licensing criteria.
* * * * *
(d) With respect to the import of radioactive waste, an appropriate
facility has agreed to accept and is authorized to possess the waste
for management or disposal as confirmed by NRC consultations with, as
applicable, the Agreement State in which the facility is located and
low-level waste compact commission(s).
0
24. Section 110.44 is revised to read as follows:
Sec. 110.44 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. 4 (corrected), June 1999,
``The Physical Protection of Nuclear Material and Nuclear Facilities,''
and is incorporated by reference in this part. This incorporation by
reference was approved by the Director of the Office 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. 4 may be
obtained from the Deputy Director, Office of International Programs,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and are
[[Page 44091]]
available for inspection at the NRC library, 11545 Rockville Pike,
Rockville, Maryland 20852-2738, telephone, (301-415-4737 or 800-397-
4209) between 8:30 a.m. and 4:15 p.m. A copy is available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
(b) Commission determinations on the adequacy of physical security
measures are based on:
(1) Receipt by the appropriate U.S. Executive Branch Agency of
written assurances from the relevant recipient country government that
physical security measures providing protection at least comparable to
the recommendations set forth in INFCIRC/225/Rev. 4 (corrected).
(2) Information obtained through country visits, information
exchanges, or other sources. Determinations are made on a country-wide
basis and are subject to continuing review. Appendix M to this part
describes the different categories of nuclear material to which
physical security measures are applied.
0
25. In Sec. 110.45, paragraphs (a), (b) and (d) are revised to read as
follows:
Sec. 110.45 Issuance or denial of license.
(a) The Commission will issue an export license if it has been
notified by the State Department that it is the judgment of the
Executive Branch that the proposed export will not be inimical to the
common defense and security, and:
(1) Finds, based upon a reasonable judgment of the assurances
provided and other information available to the Federal government,
that the applicable criteria in Sec. 110.42, or their equivalent, are
met.
(2) Finds that there are no material changed circumstances
associated with an export license application (except for byproduct
material applications) from those existing at the time of issuance of a
prior license to export to the same country, if the prior license was
issued under the provisions of paragraph (a)(1) of this section.
(b) The Commission will issue an import license if it finds that:
(1) The proposed import will not be inimical to the common defense
and security;
(2) The proposed import will not constitute an unreasonable risk to
the public health and safety;
(3) The requirements of subpart A of part 51 of this chapter (to
the extent applicable to the proposed import) have been satisfied; and
(4) With respect to a proposed import of radioactive waste, an
appropriate facility has agreed to accept and is authorized to posses
the waste for management or disposal as confirmed by NRC consultations
with, as applicable, the Agreement State(s) in which the facility is
located and the low-level waste compact commission(s).
* * * * *
(d) If, after receiving the Executive Branch judgment that the
issuance of a proposed export license will not be inimical to the
common defense and security, the Commission does not issue the proposed
license on a timely basis because it is unable to make the statutory
determinations required under the Atomic Energy Act, the Commission
will publicly issue a decision to that effect and will submit the
license application to the President. The Commission's decision will
include an explanation of the basis for the decision and any dissenting
or separate views. The provisions in this paragraph do not apply to
Commission decisions regarding applications for specific licenses to
export byproduct material, including radioactive material listed in
Table 1 of Appendix P to this part, or radioactive waste.
* * * * *
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26. Section 110.50 is revised to read as follows:
Sec. 110.50 Terms.
(a) General and specific licenses.
(1) Each license is subject to all applicable provisions of the
Atomic Energy Act and other applicable law and to all applicable rules,
regulations, decisions and orders of the Commission.
(2) Each license is subject to amendment, suspension, revocation or
incorporation of separate conditions when required by amendments of the
Atomic Energy Act or other applicable law, or by other rules,
regulations, decisions or orders issued in accordance with the terms of
the Atomic Energy Act or other applicable law.
(3) A licensee authorized to export or import nuclear material is
responsible for compliance with applicable requirements of this
chapter, unless a domestic licensee of the Commission has assumed that
responsibility and the Commission has been so notified.
(4) Each license authorizes export or import only and does not
authorize any person to receive title to, acquire, receive, possess,
deliver, use, transport or transfer any nuclear equipment or material
subject to this part.
(5) Each license issued by the NRC for the export or import of
nuclear material authorizes only the export or import of that nuclear
material and accompanying packaging, fuel element, hardware, or other
associated devices or products.
(6) No nuclear equipment license confers authority to export or
import nuclear material.
(7) Each nuclear equipment export license authorizes the export of
only those items required for use in the foreign nuclear installation
for which the items are intended.
(8) A licensee shall not proceed to export or import and shall
notify the Commission promptly if he knows or has reason to believe
that the packaging requirements of part 71 of this chapter have not
been met.
(b) Specific licenses.
(1) Each specific license will have an expiration date.
(2) A licensee may export or import only for the purpose(s) and/or
end-use(s) stated in the specific export or import license issued by
NRC.
(3) Unless a license specifically authorizes the export of certain
foreign-obligated nuclear material or equipment, a licensee may not
ship such material or equipment until:
(i) The licensee has requested and the Commission has issued an
amendment to the license authorizing such shipment; or
(ii) The licensee has given at least 40 days advance notice of the
intended shipment in writing to the Deputy Director, Office of
International Programs (OIP); and
(iii) The Deputy Director, OIP has:
(A) Obtained confirmation, through either the Department of Energy
or State, that the foreign government in question has given its consent
to the intended shipment pursuant to its agreement for cooperation with
the United States; and
(B) Communicated this in writing to the licensee.
(c) Advanced notification.
(1) A licensee authorized to export or import the radioactive
material listed in Appendix P to this part is responsible for notifying
NRC and, in cases of exports, the government of the importing country
in advance of each shipment. A list of points of contact in importing
countries is available at NRC's Office of International Programs Web
site, accessible on the NRC Public Web site at http://www.nrc.gov.
(2) The NRC's office responsible for receiving advance
notifications for all export and import shipments is the NRC Operations
Center. Notifications are to be e-mailed to [email protected] (preferred
method) or faxed to (301) 816-5151. In the subject line of the e-mail
or on the fax cover page include ``10 CFR 110.50(c) Notification.'' To
[[Page 44092]]
contact the NRC Operations Center, use the same e-mail address or call
(301) 816-5100. Difficulties notifying the NRC Operations Center must
be promptly reported to the Office of International Programs at (301)
415-2336.
(3) Notifications may be electronic or in writing on business
stationary, and must contain or be accompanied by the information which
follows.
(i) For export notifications:
(A) 10 CFR part 110 export license number and expiration date;
(B) Name of the individual and licensee making the notification,
address, and telephone number;
(C) Foreign recipient name, address, and end use location(s) (if
different than recipient's address);
(D) Radionuclides and activity level in TBq, both for single and
aggregate shipments;
(E) Make, model and serial number, for any Category 1 and 2 sealed
sources, if available;
(F) End use in the importing country, if known;
(G) Shipment date; and
(H) A copy of the foreign recipient's authorization or confirmation
of that authorization from the government of the importing country as
required by Sec. 110.32(g) unless the authorization has already been
provided to the NRC.
(ii) For import notifications:
(A) Name of individual and licensee making the notification,
address, and telephone number;
(B) Recipient name, location, and address (if different than
above);
(C) Name, location, address, contact name and telephone number for
exporting facility;
(D) Radionuclides and activity level in TBq, both for single and
aggregate shipments;
(E) Make, model and serial number, radionuclide, and activity level
for any Category 1 and 2 sealed sources, if available;
(F) End use in the U.S.;
(G) Shipment date from exporting facility and estimated arrival
date at the end use location; and
(H) NRC or Agreement State license number to possess the import in
the U.S. and expiration date.
(4) Export notifications must be received by the NRC at least 7
days in advance of each shipment, to the extent practical, but in no
case less than 24 hours in advance of each shipment. Import
notifications must be received by the NRC at least 7 days in advance of
each shipment.
(5) Advance notifications containing the above information must be
controlled, handled, and transmitted in accordance with Sec. 2.390 of
this chapter and other applicable NRC requirements governing protection
of sensitive information.
(d) A specific license may be transferred, disposed of or assigned
to another person only with the approval of the Commission by license
amendment.
0
27. Section 110.51 is revised to read as follows:
Sec. 110.51 Amendment and renewal of licenses.
(a) Amendments.
(1) Applications for amendment of a specific license shall be filed
on NRC Form 7 in accordance with Sec. Sec. 110.31 and 110.32 and shall
specify the respects in which the licensee desires the license to be
amended and the grounds for such amendment.
(2) An amendment is not required for:
(i) Changes in monetary value (but not amount or quantity);
(ii) Changes in the names and/or mailing addresses within the same
countries of the intermediate or ultimate consignees listed on the
license; or
(iii) The addition of intermediate consignees in any of the
importing countries specified in the license (for a nuclear equipment
license only).
(b) Renewals.
(1) Applications for renewal of a specific license shall be filed
on NRC Form 7 in accordance with Sec. Sec. 110.31 and 110.32.
(2) If an application to renew a license is submitted 30 days or
more before the license expires, the license remains valid until the
Commission acts on the renewal application. An expired license is not
renewable.
(c) General. In considering an application by a licensee to renew
or amend a license, the Commission will apply, as appropriate, the same
procedures and criteria it uses for initial license applications.
0
28. In Sec. 110.53, paragraphs (a) and (b)(1) are revised to read as
follows:
Sec. 110.53 United States address, records, and inspections.
(a) Each licensee (general or specific) shall have an office in the
United States where papers may be served and where records required by
the Commission will be maintained.
(b)(1) Each license applicant or licensee (general or specific)
shall maintain records concerning his exports or imports. The licensee
shall retain these records for five years after each export or import
except that byproduct material records must be retained for three years
after the date of each export or import shipment.
* * * * *
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29. Section 110.54 is revised to read as follows:
Sec. 110.54 Reporting requirements.
(a)(1) Reports of exports of nuclear facilities and equipment,
nuclear grade graphite for nuclear end use, and deuterium shipped
during the previous quarter must be submitted by licensees making
exports under the general license or specific license of this part by
January 15, April 15, July 15, and October 15 of each year on DOC/NRC
Forms AP-M or AP-13, and associated forms. The reports must contain
information on all nuclear facilities, equipment, and non-nuclear
materials (nuclear grade graphite for nuclear end use and deuterium)
listed in Annex II of the Additional Protocol.
(2) These required reports must be sent via facsimile to (202) 482-
1731, emailed to [email protected], or hand-delivered or submitted by
courier to the Bureau of Industry and Security, in hard copy, to the
following address: Treaty Compliance Division, Bureau of Industry and
Security, U.S. Department of Commerce, Attn: AP Reports, 14th Street
and Pennsylvania Avenue, NW., Room 4515, Washington, DC 20230.
Telephone: (202) 482-1001.
(b) Persons making exports under the general license established by
Sec. 110.23(a) or under a specific license shall submit by February 1
of each year one copy of a report of all americium and neptunium
shipments during the previous calendar year. This report shall be
submitted to the Deputy Director, Office of International Programs at
the address provided in Sec. 110.4. The report must include:
(1) A description of the material, including quantity in TBq and
gram;
(2) Approximate shipment dates; and
(3) A list of recipient countries, end users, and intended use
keyed to the items shipped.
(c) Persons making exports under the general license established by
Sec. 110.26(a) shall submit by February 1 of each year one copy of a
report of all components shipped during the previous calendar year.
This report must include:
(1) A description of the components keyed to the categories listed
in appendix A to this part.
(2) Approximate shipment dates.
(3) A list of recipient countries and end users keyed to the items
shipped.
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30. Section 110.60 is revised to read as follows:
Sec. 110.60 Violations.
(a) The Commission may obtain an injunction or other court order to
[[Page 44093]]
prevent a violation of the provisions of--
(1) The Atomic Energy Act;
(2) Title II of the Energy Reorganization Act of 1974; or
(3) A regulation or order pursuant to those Acts.
(b) The Commission may obtain a court order for the payment of a
civil penalty imposed under section 234 of the Atomic Energy Act:
(1) For violations of:
(i) Sections 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109 of
the Atomic Energy Act;
(ii) Section 206 of the Energy Reorganization Act;
(iii) Any rule, regulation, or order issued pursuant to the
sections specified in paragraph (b)(1)(i) of this section;
(iv) Any term, condition, or limitation of any license issued under
the sections specified in paragraph (b)(1)(i) of this section.
(2) For any violation for which a license may be revoked under
section 186 of the Atomic Energy Act.
0
31. In Sec. 110.66, paragraph (b) is revised to read as follows:
Sec. 110.66 Enforcement hearing.
* * * * *
(b) A hearing pursuant to this subpart will be conducted under the
procedures in subpart G of part 2 of this chapter.
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32. In Sec. 110.67, paragraph (a) is revised to read as follows:
Sec. 110.67 Criminal penalties.
(a) Section 223 of the Atomic Energy Act provides for criminal
sanctions for willful violation of, attempted violation of, or
conspiracy to violate, any regulation issued under sections 161b.,
161i., or 161o. of the Atomic Energy Act. For purposes of section 223,
all the regulations in 10 CFR part 110 are issued under one or more of
sections 161b, 161i, or 161o, except for the sections listed in
paragraph (b) of this section.
* * * * *
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33. Section 110.70 is revised to read as follows:
Sec. 110.70 Public notice of receipt of an application.
(a) The Commission will notice the receipt of each license
application, including applications for amendment or renewal, for an
export or import for which a specific license is required by making a
copy available at the NRC Web site, http://www.nrc.gov.
(b) The Commission will also publish in the Federal Register a
notice of receipt of each license application, including applications
for amendment or renewal, to export the following:
(1) A production or utilization facility.
(2) Five effective kilograms or more of plutonium, high-enriched
uranium or uranium-233.
(3) 10,000 kilograms or more of heavy water. (Note: Does not apply
to exports of heavy water to Canada.)
(4) Nuclear grade graphite for nuclear end use.
(5) Radioactive waste.
(c) The Commission will also publish in the Federal Register a
notice of receipt of a license application, including applications for
amendment or renewal, for an import of radioactive waste for which a
specific license is required.
0
34. Section 110.80 is revised to read as follows:
Sec. 110.80 Basis for hearings.
The procedures in this part will constitute the exclusive basis for
hearings on export and import license applications.
0
35. In Sec. 110.81, paragraph (b) is revised to read as follows:
Sec. 110.81 Written comments.
* * * * *
(b) These comments should be submitted within 30 days after public
notice of receipt of the application on the NRC Web site or in the
Federal Register and addressed to the Secretary, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemakings and Adjudications Staff.
* * * * *
0
36. In Sec. 110.82, paragraph (c) is revised to read as follows:
Sec. 110.82 Hearing request or intervention petition.
* * * * *
(c) Hearing requests and intervention petitions will be considered
timely only if filed not later than:
(1) 30 days after notice of receipt in the Federal Register, for
those applications published in the Federal Register;
(2) 30 days after publication of notice on the NRC Web site at
http://www.nrc.gov;
(3) 30 days after notice of receipt in the Public Document Room; or
(4) Such other time as may be provided by the Commission.
0
37. In Sec. 110.112, paragraph (b) is revised to read as follows:
Sec. 110.112 Reporter and transcript for an oral hearing.
* * * * *
(b) Except for any portions containing classified information,
Restricted Data, Safeguards Information, proprietary information, or
other sensitive unclassified information, transcripts will be made
available at the NRC Web site, http://www.nrc.gov, and/or at the NRC
Public Document Room.
* * * * *
Appendix L--[Amended]
0
38. Appendix L to 10 CFR Part 110 is amended by adding ``Carbon 11 (C
11),'' ``Cesium 129 (Cs 129),'' ``Cobalt 57 (Co 57),'' ``Gallium 67 (Ga
67),'' ``Gold 195 (Au 195),'' ``Indium 111 (In 111),'' ``Iodine 123 (I
123),'' Iron 52 (Fe 52),'' ``Nitrogen 13 (N 13),'' ``Oxygen 15 (O
15),'' ``Potassium 43 (K 43),'' ``Rubidium 81 (Rb 81),'' ``Yttrium 87
(Y 87),'' and ``Yttrium 88 (Y 88)'' in alphabetical order.
Dated at Rockville, Maryland, this 19th day of July, 2010.
For the Nuclear Regulatory Commission.
Annette Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2010-18219 Filed 7-27-10; 8:45 am]
BILLING CODE 7590-01-P