[Federal Register Volume 65, Number 226 (Wednesday, November 22, 2000)]
[Rules and Regulations]
[Pages 70287-70292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29459]



[[Page 70287]]

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NUCLEAR REGULATORY COMMISSION

10 CFR Part 110

RIN 3150-AG51


Export and Import of Nuclear Equipment and Materials

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations pertaining to the export and import of nuclear equipment 
and materials. This rulemaking is necessary to reflect the nuclear non-
proliferation policies of the Executive Branch; U.S. Government 
reporting obligations to the International Atomic Energy Agency (IAEA) 
and under agreements for cooperation in the peaceful uses of nuclear 
energy; the multilateral export control recommendations of the Nuclear 
Suppliers Group (NSG) and the Nuclear Non-proliferation Treaty 
Exporters Committee (Zangger Committee), of which the U.S. is a member; 
and IAEA publication INFCIRC/225/Rev. 4, ``The Physical Protection of 
Nuclear Material and Nuclear Facilities.'' Also, this final rule makes 
certain editorial revisions, and corrects typographical errors.

DATES: Effective December 22, 2000.
    The incorporation by reference of the material in this document is 
approved as of December 22, 2000.

FOR FURTHER INFORMATION CONTACT: Suzanne Schuyler-Hayes, Office of 
International Programs, U.S. Nuclear Regulatory Commission, Washington, 
DC. 20555-0001, telephone (301) 415-2333, e-mail <a href="/cdn-cgi/l/email-protection#b0c3c3d8f0dec2d39ed7dfc6"><span class="__cf_email__" data-cfemail="1f6c6c775f716d7c31787069">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The tracking and reporting of government-to-government obligations 
attached to nuclear material or equipment is essential to fulfilling 
U.S. Government commitments under various agreements for cooperation in 
the peaceful uses of nuclear energy pursuant to Section 123 of the 
Atomic Energy Act (AEA). ``Obligations'' include controls, peaceful 
end-use assurances, and other conditions placed on the transfer of 
equipment or material. The U.S. Government is required to report to the 
governments of other countries the inventory of subject nuclear 
material held in the United States. To meet this requirement, NRC must 
keep adequate records showing obligations to countries that have 
exported nuclear material to the U.S., and track any nuclear material 
produced through the use of that material. The U.S. must also obtain 
consent before releasing obligated material to a third party.
    For the past ten or more years, the situation has become more 
complicated, reflecting the growing complexity of the nuclear fuel 
cycle. To ensure that information regarding obligations is reported to 
the government in advance of shipments, in accordance with NRC's need 
to obtain prior consent for the retransfer of obligated material, this 
rulemaking institutes a change from solely reporting the country of 
origin of nuclear material to reporting all obligations attached to the 
material on NRC license applications. This rule extends the required 
prior notice on shipments of Canadian and Australian origin material to 
all shipments of obligated material, including, but not limited to, 
EURATOM and Japan.
    This rulemaking is clear that as obligations are commitments made 
by the U.S. Government to another government on behalf of NRC 
licensees, the U.S. Government maintains the responsibility for 
informing industry of obligations attached to imported material and for 
approving changes to obligations on material while it is in the U.S.

Section by Section Analysis

    Section 110.1 is amended by adding a paragraph to clarify that bond 
shipments, or shipments which are only passing through the U.S., do not 
require an NRC import or export license; however, they must comply with 
the Department of Transportation/IAEA packaging, and state 
transportation requirements.
    Section 110.2 is amended to add definitions on subjects on which 
the NRC receives many public inquiries. These definitions are taken 
from the Atomic Energy Act (AEA), or are defined by the Executive 
Branch and the multilateral export control regimes of which the U.S. is 
a member, including the Nuclear Suppliers Group and the Zangger NPT 
Exporters Committee. They include byproduct material, depleted uranium, 
dual-use, heels, natural uranium, nuclear reactor internals, 
obligations, restricted destinations and source material. A citation in 
the definition of ``Nuclear Referral List'' is corrected, and the 
definition of ``Source material'' is revised.
    In Sec. 110.6, additional information is inserted on retransfers to 
satisfy prior consent reporting obligations on nuclear equipment and 
material subject to agreements for cooperation.
    In Sec. 110.7, paragraph (b) is updated to include Sec. 110.23.
    In Sec. 110.8, reference to a new Appendix N on lithium isotope 
separation plant equipment and components and reference to a new 
Appendix O on fuel fabrication plant equipment and components are 
added. Plants for the conversion of plutonium are added to paragraph 
(f). A new paragraph is added on plants for the production of special 
nuclear material using accelerator-driven subcritical assembly systems 
capable of continuous operation above 5 MWe thermal.
    In Sec. 110.10, the reference to the completion of rulemaking 
proceedings is deleted in the interest of procedural efficiency.
    In Sec. 110.21, a new paragraph is added to indicate that uranium, 
enriched to less than 20 percent in U-235, in the form of UF6 heels in 
cylinders being returned to suppliers in EURATOM will no longer require 
a specific NRC license, but is subject to an NRC general license.
    In Sec. 110.22, a new paragraph is added to permit the export of 
uranium, enriched to less than 20 percent in U-235, in the form of UF6 
heels in cylinders being returned to suppliers in EURATOM under an NRC 
general license. The specific license required previously is revoked.
    In Sec. 110.23, the export of byproduct material, californium-253 
and -254, and neptunium-235 are added to bring NRC's regulations into 
conformance with NSG Guidelines. Yearly reporting requirements on 
exports of americium and neptunium are added to this section to fulfill 
a U.S. commitment to the IAEA on the voluntary tracking of these 
byproduct materials. Also, this section is clarified in an effort to 
make it more readable to the public.
    In Sec. 110.26 a paragraph is added to indicate that a general 
license for the export of nuclear reactor components, in final or semi-
fabricated form, is amended to clarify that it covers components solely 
of U.S. origin. Also, this section is revised to include additional 
countries to which exports may go under a general license. The U.S. has 
received broad generic assurances from these countries under section 
109(b) of the AEA that these components will not be used for explosive 
purposes or retransfered to a third country without U.S. permission. 
These countries include Bulgaria, Czech Republic, Latvia, Lithuania, 
New Zealand, and Romania. The NRC is revoking the general license for 
the export of nuclear reactor components to research reactors capable 
of continuous operation above 5MWe thermal, whether in final or semi-
fabricated form,

[[Page 70288]]

to conform 10 CFR part 110 with 10 CFR part 810. A new paragraph is 
added to indicate that the general license for the export of nuclear 
reactor components does not authorize the export of components to 
research reactors, in final or semi-fabricated form, capable of 
continuous operation above 5 MWe thermal, and that a specific license 
is required for these exports.
    Section 110.27 is revised by adding the words ``NRC or Agreement 
State'' after the word ``specific'' to clarify the fact that a 
consignee must have a general or specific domestic license to possess 
the material before it can be imported to the U.S.
    In Sec. 110.28, ``Sudan'' is added to the list of embargoed 
destinations for which a U.S. trade embargo is in effect.
    In Sec. 110.30, ``Belarus'', ``Cyprus'', ``Latvia'', ``Slovenia'', 
and ``Turkey'' are added as new NSG members.
    In Sec. 110.31, the title of the person with whom specific license 
applications are to be filed is updated.
    In Sec. 110.32, the information required in an application for a 
specific license (NRC Form 7) is clarified to satisfy reporting 
obligations on imported or exported nuclear equipment and material 
incurred by the U.S. Government pursuant to agreements for cooperation 
with other countries.
    In Sec. 110.44, the physical security standards are being revised 
to incorporate by reference the update and recommendations contained in 
the IAEA document, INFCIRC/225/Rev.4, June 1999, ``The Physical 
Protection of Nuclear Material and Nuclear Facilities.'' The standard 
that NRC continues to apply is that physical protection in recipient 
countries is sufficient to protect against the proliferation of nuclear 
weapons. Although the IAEA has included ``radiological sabotage'' as a 
distinct consideration of physical security, it is commonly understood 
in the international community to involve radiological health and 
safety rather than nuclear non-proliferation concerns. NRC is not 
required to consider foreign health and safety in its export licensing 
decisions. Also, the title of the person to whom communications are to 
be addressed, and specific license applications are to be filed, is 
updated.
    In Sec. 110.50, the title of the notifying official is updated to 
Deputy Director. A requirement is added that licensees must notify the 
Deputy Director of the Office of International Programs (OIP) in 
writing at least 40 days before the export of foreign-origin nuclear 
material or equipment, and may not ship this material or equipment 
until authorized by the Deputy Director, OIP. This information is 
needed to satisfy U.S. Government obligations under various agreements 
for cooperation with other countries, as defined in Sec. 110.2, which 
require prior consent for shipment of foreign-origin nuclear material 
or equipment. Foreign-origin material and equipment exports subject to 
such obligations include, but are not limited to, those going to 
Australia, Canada, EURATOM, and Japan.
    In Sec. 110.70, an exception is inserted for exports of heavy water 
to Canada.
    In Sec. 110.82, the length of time to file hearing requests and 
intervention petitions after receipt of license applications in the 
Public Document Room is expanded from 15 to 30 days in the interest of 
procedural efficiency.
    In appendix A to part 110, a correction is made to delete 
``specially designed'', and insert ``especially designed.''
    In appendix B to part 110, an editorial error in the power range of 
50-100 volt amps is corrected to read 50-1000 volt amps. The 
corresponding power range in the NSG Trigger List is 50-1000 volts 
amps.
    In appendix J to part 110, the heading is revised to add plutonium. 
Following the Note, a subheading (a) on uranium conversion plant 
equipment is added and a new paragraph on especially designed or 
prepared systems for the conversion of UO<INF>2</INF> to 
UCl<INF>4</INF> as feed for electromagnetic enrichment and plants for 
plutonium conversion to bring part 110 into conformance with current 
NSG guidelines. Also, a note, subheading (b) on plutonium conversion 
plant equipment, and two paragraphs are added to cover especially 
designed or prepared plant equipment for the conversion of plutonium 
from one chemical species to another, including PuO<INF>2</INF> to 
PuF<INF>4</INF> and of PuF<INF>4</INF> to plutonium metal.
    In Appendix K to Part 110, a paragraph is added on complete heavy 
water upgrade systems or columns.
    In appendix L to part 110, the radio nuclides ``californium-253'' 
and ``californium-254'', and ``neptunium-235'' are added to bring Part 
110 into conformance with current NSG guidelines.
    Appendix N to part 110 is added to illustrate the entry in 
Sec. 110.8(c) on plants for the separation of the isotopes of lithium 
and especially designed or prepared assemblies and components for these 
plants.
    Appendix O to part 110 is added to illustrate the entry in 
Sec. 110.8(e) on plants for the fabrication of nuclear reactor fuel 
elements, and especially designed or prepared equipment and components 
for these plants.
    Because the substance of this rule involves a foreign affairs 
function of the United States, the notice and comment provisions of the 
Administrative Procedure Act do not apply (5 U.S.C. 553(a)(1)). In 
addition, solicitation of public comments would delay United States 
conformance with its international obligations, and would be contrary 
to the public interest (5 U.S.C. 553(b)).

Small Business Regulatory Enforcement Fairness Act

    In accordance with the Small Business Regulatory Enforcement 
Fairness 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. The rule is necessary to 
conform the nuclear non-proliferation policies of the United States 
with international export guidelines.

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) and (c)(2). 
Therefore, neither an environmental impact statement nor an 
environmental assessment has been prepared for this final rule.

Paperwork Reduction Act Statement

    This final rule increases the burden on exporters of americium and 
neptunium to submit an annual reports of shipments made. The public 
burden for this information collection is estimated to average .5 
hour(s) per request. Because the burden for this information collection 
is insignificant, Office of Management and Budget (OMB) clearance is 
not required. Existing requirements were approved by OMB approval 
number 3150-0036.

Public Protection Notification

    If a means used to impose an information collection does not 
display a currently valid OMB control number, the NRC may not conduct 
or sponsor, and a person is not required to respond to, the information 
collection.

Regulatory 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 impact on a substantial number of small entities. This rule 
is necessary to reflect the nuclear non-proliferation policies of the 
executive branch and U.S. Government obligations under nuclear 
agreements for cooperation, and to update the

[[Page 70289]]

export controls of the United States in respect to the multilateral 
export control recommendations of the Nuclear Non-proliferation Treaty 
Exporters Committee (Zangger Committee) and the Nuclear Suppliers Group 
(NSG), of which the United States is a member.

Voluntary Consensus Standards

    The National Technology Transfer Act of 1995, Pub. L.104-113, 
requires that Federal agencies use technical standards that are 
developed or adopted by voluntary consensus standards bodies unless the 
use of such a standard is inconsistent with applicable law or otherwise 
impractical. The changes in this rulemaking are not inconsistent with 
any voluntary consensus standard.

Backfit Analysis

    The NRC has determined that the backfit rule, 10 CFR 50.109, does 
not apply to this final rule and a backfit analysis is not required, 
because these amendments do not involve any provisions that would 
impose backfits as defined in 10 CFR 50.109. The rule does not 
constitute a backfit because it does not propose any changes or 
additions to requirements for existing structures, systems, components, 
procedures, organizations or designs associated with the construction 
or operation of a facility.

List of Subjects in 10 CFR Part 110

    Administrative practice and procedure, Classified information, 
Criminal penalties, Exports, Imports, Incorporation by reference, 
Intergovernmental relations, Nuclear materials, Nuclear power plants 
and reactors, Reporting and recordkeeping requirements, Scientific 
equipment.

    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended, the Energy Reorganization 
Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting 
the following amendments to 10 CFR part 110.

PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL

    1. The authority citation for part 110 continues to read as 
follows:

    Authority: Secs. 51, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104, 
109, 111, 126, 127, 128, 129, 161, 181, 182, 183, 187, 189, 68 Stat. 
929, 930, 931, 932, 933, 936, 937, 948, 953, 954, 955, 956, as 
amended (42 U.S.C. 2071, 2073, 2074, 2077, 2092-2095, 2111, 2112, 
2133, 2134, 2139, 2139a, 2141, 2154-2158, 2201, 2231-2233, 2237, 
2239); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); sec. 5, 
Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243).
    Sections 110.1(b)(2) and 110.1(b)(3) also issued under Pub. L. 
96-92, 93 Stat. 710 (22 U.S.C. 2403). Section 110.11 also issued 
under sec. 122, 68 Stat. 939 (42 U.S.C. 2152) and secs. 54c and 57d, 
88 Stat. 473, 475 (42 U.S.C. 2074). Section 110.27 also issued under 
sec. 309(a), Pub. L. 99-440. Section 110.50(b)(3) also issued under 
sec. 123, 92 Stat. 142 (42 U.S.C. 2153). Section 110.51 also issued 
under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 
110.52 also issued under sec. 186, 68 Stat. 955 (42 U.S.C. 2236). 
Sections 110.80-110.113 also issued under 5 U.S.C. 552, 554. 
Sections 110.130-110.135 also issued under 5 U.S.C. 553. Sections 
110.2 and 110.42(a)(9) also issued under sec. 903, Pub. L. 102-496 
(42 U.S.C. 2151 et seq.).


    2. In Sec. 110.1, paragraph (b)(6) is added to read as follows:


Sec. 110.1  Purpose and scope.

* * * * *
    (b) * * *
    (6) 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.

    3. In Sec. 110.2, the definitions for ``Byproduct material'', 
``Nuclear Referral List'', and ``Source material'' are revised, and 
definitions for ``Depleted uranium'', ``Dual-use'', ``Embargoed'', 
``Heels'', ``Natural uranium'', ``Nuclear reactor internals'', 
``Obligations'', and ``Restricted destinations'' are added in 
alphabetical order to read as follows:


Sec. 110.2  Definitions.

* * * * *
    Byproduct material means
    (1) Any radioactive material (except special nuclear material) 
yielded in, or made radioactive by, exposure to the radiation incident 
to the process of producing or using special nuclear material (as in a 
reactor); and
    (2) The tailings or wastes produced by the extraction or 
concentration or uranium or thorium from ore (see 10 CFR 20.1003).
* * * * *
    Depleted uranium means uranium having a percentage of uranium-235 
less than the naturally occurring distribution of U-235 found in 
natural uranium (less than 0.711 weight percent U-235). It is obtained 
from spent (used) fuel elements or as byproduct tails or residues from 
uranium isotope separation.
* * * * *
    Dual-use means equipment and materials that may be used in nuclear 
or non-nuclear applications.
* * * * *
    Embargoed means that no nuclear material or equipment can be 
exported to certain countries under an NRC general license because 
there is a U.S. trade embargo in effect.
* * * * *
    Heels means small quantities of natural, depleted or low-enriched 
uranium (to a maximum of 20 percent), in the form of UF6 left in 
emptied transport cylinders being returned to suppliers after delivery 
of the product.
* * * * *
    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.
* * * * *
    Nuclear reactor internals means the major structures within a 
reactor vessel that have one or more functions such as supporting the 
core, maintaining fuel alignment, directing primary coolant flow, 
providing radiation shields for the reactor vessel, and guiding in-core 
instrumentation.
    Nuclear Referral List (NRL) means the nuclear-related, dual-use 
commodities on the Commerce Control List that are subject to the 
nuclear non-proliferation export licensing controls of the Department 
of Commerce. They are contained in 15 CFR part 774 of the Department of 
Commerce's Export Administration Regulations and are designated by the 
symbol (NP) as the reason for control.
    Obligations means the commitments entered into by the U.S. 
Government under Atomic Energy Act (AEA) section 123 agreements for 
cooperation in the peaceful uses of atomic energy. Imports and exports 
of material or equipment pursuant to such agreements are subject to 
these commitments, which in some cases involve an exchange of 
information on imports, exports, retransfers with foreign governments, 
peaceful end-use assurances, and other conditions placed on the 
transfer of the material or equipment. The U.S. Government informs the 
licensee of obligations attached to material or equipment being 
imported into the U.S. and approves changes to those obligations.
* * * * *
    Restricted destinations means countries that are not parties to the 
NPT or are listed for reasons recommended by the executive branch.
* * * * *
    Source material means:
    (1) Natural or depleted uranium, or thorium, other than special 
nuclear material; or

[[Page 70290]]

    (2) Ores that contain by weight 0.05 percent or more of uranium, 
thorium or depleted uranium.
* * * * *


Sec. 110.4  [Amended]

    4. In Sec. 110.4, in the first sentence, the words ``Director for 
Nonproliferation, Exports, and Multilateral Relations'' are revised to 
read ``Deputy Director, Office of International Programs''.


Sec. 110.6  [Amended]

    5. Section 110.6 is amended by adding the following sentence at the 
end of paragraph (a): ``Department of Energy authorization is also 
required for the retransfer of obligated nuclear equipment and material 
(see definition of ``obligated'' in Sec. 110.2).''

    6. In Sec. 110.7, paragraph (b) is revised to read as follows:


Sec. 110.7  Information collection requirements: OMB approval.

* * * * *
    (b) The approved information collection requirements contained in 
this part appear in Secs. 110.7a, 110.23, 110.26, 110.27, 110.31, 
110.32, 110.50, 110.51, 110.52, and 110.53
* * * * *


Sec. 110.8  [Amended]

    7. Section 110.8 is amended as follows:
    a. Paragraphs (a), (d), (f), and (g) are amended by revising the 
word ``appendix'' to read ``Appendix'';
    b. Paragraph (c) is amended by adding ``(See Appendix N to this 
part)'' at the end of the paragraph;
    c. Paragraph (e) is amended by adding ``(See Appendix O to this 
part)'' at the end of the paragraph;
    d. Paragraph (f) is amended by adding after the word ``uranium'' 
the words ``and plutonium'';
    e. Paragraph (h) is redesignated as paragraph (i); and
    f. A new paragraph (h) is added to read as follows:
* * * * *
    (h) Plants for the production of special nuclear material using 
accelerator-driven subcritical assembly systems capable of continuous 
operation above 5 MWe thermal.
* * * * *


Sec. 110.10  [Amended]

    8. Section 110.10(b) is amended by removing the words ``and after 
completion of rulemaking proceedings under subpart K of this part''.

    9. Section 110.21 is amended by adding a new paragraph (b)(3) to 
read as follows:


Sec. 110.21  General license for the export of special nuclear 
material.

* * * * *
    (b) * * *
    (3) Uranium, enriched to less than 20 percent in U-235, in the form 
of UF6 heels in cylinders being returned to suppliers in EURATOM.
* * * * *

    10. In Sec. 110.22, paragraphs (c) through (f) are redesignated as 
(d) through (g), and a new paragraph (c) is added to read as follows:


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

* * * * *
    (c) A general license is issued to any person to export uranium, 
enriched to less than 20 percent in U-235, in the form of UF6 heels in 
cylinders being returned to suppliers in EURATOM.
* * * * *

    11. 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) except that:
    (1) This section does not authorize the export of byproduct 
material to any embargoed country listed in Sec. 110.28, or byproduct 
material in radioactive waste, or tritium for recovery or recycle 
purposes.
    (2) Actinium-225 and -227, americium-241 and -242m, californium-
248, -249, -250, -251, -252, -253, and -254, curium-240, -241, -242, -
243, -244, -245, -246 and -247, einsteinium-252, -253, -254 and -255, 
fermium-257, gadolinium-148, mendelevium-258, neptunium-235 and -237, 
polonium-210, and radium-223 must be contained in a device, or a source 
for use in a device, in quantities of less than 100 millicurie of alpha 
activity (see Sec. 110.2 for specific activity) per device or source, 
unless the export is to a country listed in Sec. 110.30. Exports of 
americium and neptunium are subject to the reporting requirements 
listed in paragraph (b) of this section.
    (3) For americium-241, exports must not exceed one curie (308 
milligrams) per shipment or 100 curies (30.8 grams) per year to any 
country listed in Sec. 110.29, and must be contained in industrial 
process control equipment or petroleum exploration equipment in 
quantities not to exceed 20 curies (6.16 grams) per device or 200 
curies (61.6 grams) per year to any one country.
    (4) For neptunium-235 and -237, exports must not exceed individual 
shipments of one gram, not to exceed 10 grams per year to any one 
country.
    (5) For polonium-210, the material must be contained in static 
eliminators and may not exceed 100 curies (22 grams) per individual 
shipment.
    (6) For tritium in any dispersed form, except for recovery or 
recycle purposes (e.g., luminescent light sources and paint, 
accelerator targets, calibration standards, labeled compounds), exports 
must not exceed the quantity of 10 curies (1.03 milligrams) or less per 
item, not to exceed 1,000 curies (103 milligrams) per shipment or 
10,000 curies (1.03 grams) per year to any one country. Exports of 
tritium to the countries listed in Sec. 110.30 must not exceed the 
quantity of 40 curies (4.12 milligrams) or less per item, not to exceed 
1,000 curies (103 milligrams) per shipment or 10,000 curies (1.03 
grams) per year to any one country, and exports of tritium in 
luminescent safety devices installed in aircraft must not exceed a 
quantity of 40 curies (4.12 milligrams) or less per light source.
    (b) Persons making exports under the general license established by 
paragraph (a) of this section shall submit by February 1 of each year 
one copy of a report of all americium and neptunium shipments during 
the previous calendar year. The report must include:
    (1) A description of the material, including quantity;
    (2) Approximate shipment dates; and
    (3) A list of recipient countries, end users, and intended use 
keyed to the items shipped.
    (c) Persons using a general license issued under paragraph (a) of 
this section as authority to export byproduct material as incidental 
radioactive material shall file a completed NRC Form 7 before the 
export takes place if the total weight of the shipment exceeds 100 
kilograms.

    12. Section 110.26 is amended as follows:
    a. Paragraphs (a)(1) and (a)(2) are redesignated as (a)(2) and 
(a)(3), respectively;
    b. Newly redesignated paragraph (a)(3) is amended by adding 
``Bulgaria'', ``Czech Republic'', ``Latvia'', ``Lithuania'', ``New 
Zealand'', and ``Romania'' in alphabetical order;
    c. Paragraphs (b) and (c) are redesignated as (c) and (d), 
respectively; and
    d. New paragraphs (a)(1) and (b) are added to read as follows:


Sec. 110.26  General license for the export of nuclear reactor 
components.

    (a) * * *

    (1) The component is of U.S. origin,
* * * * *
    (b) This general license does not authorize the export of 
components, in

[[Page 70291]]

final or semi-fabricated form, for research reactors capable of 
continuous operation above 5 MWe thermal.
* * * * *


Sec. 110.27  [Amended]

    13. Section 110.27(a)(3) is amended by adding the words ``NRC or 
Agreement State'' after the word ``specific''.


Sec. 110.28  [Amended]

    14. Section 110.28 is amended by adding ``Sudan'' after ``North 
Korea''.


Sec. 110.30  [Amended]

    15. Section 110.30 is amended by adding ``Belarus'', ``Cyprus'', 
``Latvia'', ``Slovenia'', and ``Turkey'' in alphabetical order.


Sec. 110.31  [Amended]

    16. Section 110.31(a) is amended by removing the words ``Director 
for Nonproliferation, Exports, and Multilateral Relations'' and adding 
in their place ``Deputy Director, Office of International Programs''.


Sec. 110.32  [Amended]

    17. Section 110.32(c) is amended by removing ``if known.'' and 
adding the following in their place: ``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.)''


    18. In Sec. 110.44, paragraphs (a) and (b)(1) are 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 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 
available for inspection at the NRC library, 11545 Rockville Pike, 
Rockville, Maryland 20852-2738. A copy is available for inspection at 
the library of the Office of the Federal Register, 800 N. Capitol 
Street, NW., Suite 700, Washington, DC.
    (b) * * *
    (1) Receipt of written assurances from recipient countries that 
physical security measures providing protection at least comparable to 
the recommendations set forth in INFCIRC/225/Rev. 4 (corrected).
* * * * *

    19. In Sec. 110.50 paragraph (b)(3) is revised to read as follows:


Sec. 110.50  Terms.

* * * * *
    (b) * * *
    (3) Unless a license specifically authorizes the export of foreign-
origin nuclear material or equipment, a licensee may not ship such 
material or equipment until;
    (i) 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
    (ii) 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.
* * * * *


Sec. 110.70  [Amended]

    20. In Sec. 110.70, paragraph (b) is amended by adding after 
paragraph (b)(4) the following parenthetical note:
* * * * *
    (b) * * *
    (4) * * *

    (Note:
    Does not apply to exports of heavy water to Canada.)

* * * * *


Sec. 110.82  [Amended]

    21. Section 110.82(c)(2) is amended by revising ``15'' to read 
``30''.

Appendix A to Part 110 [Amended]

    22. In appendix A to part 110, in paragraphs 1 through 7, the words 
``specially designed'' are revised to read ``especially designed''.

Appendix B to Part 110 [Amended]

    23. In appendix B to part 110, paragraph 1.2(d) is amended by 
revising ``50-100'' to read ``50-1000''.

Appendix J to Part 110 [Amended]

    24. Appendix J to part 110 is amended as follows:
    a. The heading is revised to read as set forth below;
    b. A new paragraph (a) is added before paragraph (1);
    c. In newly designated paragraph (a)(1), the last sentence is 
amended by revising ``product'' to read ``produce'';
    d. A new paragraph (a)(9) and note are added; and
    e. A new paragraph (b) is added.
    The revisions and additions read as follows:

Appendix J to Part 110--Illustrative List of Uranium Conversion 
Plant Equipment and Plutonium Conversion Plant Equipment Under NRC 
Export Licensing Authority

* * * * *
    (a) Uranium Conversion Plant Equipment
* * * * *
    (9) Especially designed or prepared systems for the conversion 
of UO<INF>2</INF> to UCl<INF>4</INF> as feed for electromagnetic 
enrichment.

    Note: Plutonium conversion plants and systems may perform one or 
more transformations from one plutonium chemical species to another, 
including: conversion of plutonium nitrate to PuO<INF>2</INF>, 
conversion of PuO<INF>2</INF> to PuF<INF>4</INF> and conversion of 
PuF<INF>4</INF> to plutonium metal. Plutonium conversion plants are 
usually associated with reprocessing facilities, but may also be 
associated with plutonium fuel fabrication facilities. Many of the 
key equipment items for plutonium conversion plants are common to 
several segments of the chemical process industry. For example, the 
types of equipment employed in these processes may include the 
following items: furnaces, rotary kilns, fluidized bed reactors, 
flame tower reactors, liquid centrifuges, distillation columns and 
liquid-liquid extraction columns. Hot cells, glove boxes and remote 
manipulators may also be required. However, few of the items are 
available off-the-shelf; most would be prepared according to the 
requirements and specifications of the customer. Particular care is 
essential in designing for the special radiological, toxicity and 
criticality hazards associated with plutonium. In some 
circumstances, special design and construction considerations are 
required to address the corrosive properties of some of the 
chemicals handled (e.g., HF). Finally, it should be noted that, for 
all plutonium conversion processes, items of equipment which 
individually are not especially designed or prepared for plutonium 
conversion can be assembled into systems that are especially 
designed or prepared for use in plutonium conversion.
    (b) Plutonium Conversion Plant Equipment
    (1) Especially designed or prepared systems for the conversion 
of plutonium nitrate to oxide.
    The main functions involved in this process are: process feed 
storage and adjustment, precipitation and solid/liquor separation, 
calcination, product handling, ventilation, waste management, and 
process control. The process systems are particularly adapted so as 
to avoid criticality and radiation effects and to minimize toxicity 
hazards. In most reprocessing facilities, this process involves the 
conversion of plutonium

[[Page 70292]]

nitrate to plutonium dioxide. Other processes can involve the 
precipitation of plutonium oxalate or plutonium peroxide.
    (2) Especially designed or prepared systems for plutonium metal 
production.
    This process usually involves the fluorination of plutonium 
dioxide, normally with highly corrosive hydrogen fluoride, to 
produce plutonium fluoride, which is subsequently reduced using high 
purity calcium metal to produce metallic plutonium and a calcium 
fluoride slag. The main functions involved in this process are the 
following: fluorination (e.g., involving equipment fabricated or 
lined with a precious metal), metal reduction (e.g., employing 
ceramic crucibles), slag recovery, product handling, ventilation, 
waste management and process control. The process systems are 
particularly adapted so as to avoid criticality and radiation 
effects and to minimize toxicity hazards. Other processes include 
the fluorination of plutonium oxalate or plutonium peroxide followed 
by reduction to metal.


    25. In appendix K to part 110, paragraph C.2(viii) is added to read 
as follows:

Appendix K to Part 110--Illustrative List of Equipment and 
Components Under NRC Export Licensing Authority for Use in a Plant 
for the Production of Heavy Water, Deuterium and Deuterium 
Compounds

    C.2. * * *
    (viii) Complete Heavy Water Upgrade Systems or Columns.
    Complete heavy water upgrade systems or columns especially 
designed or prepared for the upgrade of heavy water to reactor-grade 
deuterium concentration. These systems, which usually employ water 
distillation to separate heavy water from light water, are 
especially designed or prepared to produce reactor-grade heavy water 
(i.e., typically 99.75% deuterium oxide) from heavy water feedstock 
of lesser concentration.
* * * * *

Appendix L to Part 100 [Amended]

    26. In appendix L to part 110, the following terms are added in 
alphabetical order: ``Californium-253 (Cf 253)'', ``Californium-254 (Cf 
254)'', and ``Neptunium-235 (Np 235)''.

    27. A new appendix N to part 110 is added to read as follows:

Appendix N to Part 110-Illustrative List of Lithium Isotope 
Separation Facilities, Plants and Equipment Under NRC's Export 
Licensing Authority

    a. Facilities or plants for the separation of lithium isotopes.
    b. Equipment for the separation of lithium isotopes, such as:
    (1) Packed liquid-liquid exchange columns especially designed 
for lithium amalgams;
    (2) Mercury and/or lithium amalgam pumps;
    (3) Lithium amalgam electrolysis cells;
    (4) Evaporators for concentrated lithium hydroxide solution.

    28. A new appendix O to part 110 is added to read as follows:

Appendix O to Part 110-Illustrative List of Fuel Element 
Fabrication Plant Equipment and Components Under NRC's Export 
Licensing Authority

    Note: Nuclear fuel elements are manufactured from source or 
special nuclear material. For oxide fuels, the most common type of 
fuel equipment for pressing pellets, sintering, grinding and grading 
will be present. Mixed oxide fuels are handled in glove boxes (or 
equivalent containment) until they are sealed in the cladding. In 
all cases the fuel is hermetically sealed inside a suitable cladding 
which is designed to be the primary envelope encasing the fuel so as 
to provide suitable performance and safety during reactor operation. 
Also, in all cases precise control of processes, procedures and 
equipment to extremely high standards is necessary in order to 
ensure predictable and safe fuel performance.
    (a) Items that are considered especially designed or prepared 
for the fabrication of fuel elements include equipment that:
    (1) Normally comes in direct contact with, or directly processes 
or controls, the production flow of nuclear material;
    (2) Seals the nuclear material within the cladding;
    (3) Checks the integrity of the cladding or the seal; and
    (4) Checks the finished treatment of the sealed fuel.
    (b) This equipment or systems of equipment may include, for 
example:
    (1) Fully automatic pellet inspection stations especially 
designed or prepared for checking final dimensions and surface 
defects of fuel pellets;
    (2) Automatic welding machines especially designed or prepared 
for welding end caps onto the fuel pins (or rods);
    (3) Automatic test and inspection stations especially designed 
or prepared for checking the integrity of completed fuel pins (or 
rods). This item typically includes equipment for:
    (i) X-ray examination of pin (or rod) end cap welds;
    (ii) Helium leak detection from pressurized pins (or rods); and
    (iii) Gamma-ray scanning of the pins (or rods) to check for 
correct loading of the fuel pellets inside.



    Dated at Rockville, Maryland, this 27th day of October 2000.

    For the Nuclear Regulatory Commission.
Carl J. Paperiello,
Acting Executive Director for Operations.
[FR Doc. 00-29459 Filed 11-21-00; 8:45 am]
BILLING CODE 7590-01-P


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