This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

29614 

Vol. 74, No. 119 

Tuesday, June 23, 2009 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 110 

RIN 3150–AI16 

[NRC–2008–0567] 

Export and Import of Nuclear 

Equipment and Material; Updates and 

Clarifications 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The United States Nuclear 

Regulatory Commission (NRC) is 

proposing to amend its regulations that 

govern the export and import of nuclear 

equipment and material. In addition to 

updating, clarifying and correcting 

several provisions, this proposed rule 

would allow Category 1 and 2 quantities 

of materials listed in the Commission’s 

regulations to be imported under a 

general license. The proposed rule 

would also revise the definition of 

‘‘radioactive waste’’ and remove the 

definition of ‘‘incidental radioactive 

material.’’ 

DATES: The comment period for this 

proposed rule ends on September 8, 

2009. Comments received after this date 

will be considered if it is practical to do 

so, but the NRC is only able to assure 

consideration for comments received on 

or before this date. Submit comments 

specific to the information collection 

aspects of this rule by July 23, 2009. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include the number RIN 3150– 

AI16 in the subject line of your 

comments. Comments on rulemakings 

submitted in writing or in electronic 

form will be made available to the 

public in their entirety. Personal 

information, such as your name, 

address, telephone number, e-mail 

address, etc., will not be removed from 

your submission. 

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 Carol Gallagher 

301–415–5905; e-mail 

Carol.Gallagher@nrc.gov. 

Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attn: 

Rulemakings and Adjudications Staff. 

E-mail comments to: 

Rulemaking.Comments@nrc.gov. If you 

do not receive a reply e-mail confirming 

that we have received your comments, 

contact us directly at 301–415–1677. 

Hand deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

20852, between 7:30 a.m. and 4:15 p.m., 

Federal workdays. (Telephone 301–415– 

1677) 

Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at 301– 

415–1101. 

You may submit comments on the 

information collections by the methods 

indicated in the Paperwork Reduction 

Act Statement. 

Publicly available documents related 

to this rulemaking may be viewed 

electronically on the public computers 

located at the NRC’s Public Document 

Room (PDR), O–1 F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland. The PDR reproduction 

contractor will copy documents for a 

fee. 

Publicly available documents created 

or received at the NRC after November 

1, 1999, are available electronically at 

the NRC’s Electronic Reading Room at 

http://www.nrc.gov/reading-rm/ 

adams.html. From this site, the public 

can gain entry into 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 PDR 

Reference staff at 1–800–397–4209, 

301–415–4737 or by e-mail to 

PDR.Resource@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Brooke G. Smith, International Policy 

Analyst, Office of International 

Programs, U.S. Nuclear Regulatory 

Commission, MS–04E21, Washington, 

DC 20555–0001; telephone: 301–415– 

2347; e-mail: brooke.smith@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Discussion 

The NRC is proposing to amend its 

regulations for the export and import of 

nuclear equipment and material in 10 

CFR Part 110, Export and Import of 

Nuclear Equipment and Material. The 

proposed rule would update, clarify, 

and correct 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 would also clarify 

and correct the regulations addressing 

the general license for the export of 

byproduct material. In addition, changes 

are proposed to the regulations 

governing the export and import of 

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 Part 110 

On July 1, 2005, the NRC published 

a final rule that amended 10 CFR Part 

110 to take into account provisions of 

the International Atomic Energy Agency 

(IAEA) Code of Conduct on the Safety 

and Security of Radioactive Sources 

(Code of Conduct), and the 

supplemental IAEA Guidance on the 

Import and Export of Radioactive 

Sources. The amendments provided for 

enhanced security for the export and 

import of Category 1 and Category 2 

quantities of radioactive materials listed 

in a new Appendix P to 10 CFR Part 110 

including new specific export and 

import licensing requirements, advance 

notification procedures prior to 

shipment, verification of the recipient 

facility’s licensing status, and review of 

the adequacy of the receiving country’s 

controls on radioactive sources. 

These requirements became effective 

on December 28, 2005. Since these new 

requirements have been implemented, 

the NRC has 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 

proposing to amend 10 CFR Part 110 to 

allow imports of Category 1 and 2 

quantities of materials listed in 

Appendix P under a general license. 

The proposed change would also align 

the NRC’s regulations with the practices 

of other countries and is responsive to 

Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 29615 

the comments the NRC has received 

from U.S. licensees. 

The most significant enhancement 

pertinent to these materials is the 

establishment of the National Source 

Tracking System (NSTS) that will track 

from ‘‘cradle to grave’’ transactions 

involving Category 1 and 2 radioactive 

sources (71 FR 65686; November 8, 

2006). Licensees will be 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 will be required to report the 

information to the NSTS by the close of 

the next business day after receipt of the 

imported source. The effective date for 

this proposed change to allow imports 

of Category 1 and 2 material under a 

general license would be delayed until 

the NSTS is fully operational; however, 

it is expected that the NSTS would be 

fully operational well before this 

proposed change is promulgated as a 

final rule. The current estimate for the 

launch of the NSTS (tracking of 

Category 1 and 2 sources) is January 31, 

2009. With the NSTS in place, there will 

be much more information about 

imported sources available to the staff, 

reducing the need for a specific license. 

Specifically, § 110.27(f) would be 

revised by removing the specific license 

requirement for imports of radioactive 

material listed in Table 1 of Appendix 

P to 10 CFR Part 110. Conforming 

changes are proposed to §§ 110.32, 

110.43, and 110.50. Imports of 

radioactive material into the United 

States would 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 § 110.27(a). Moreover, 

importers of Category 1 and 2 materials 

under a general license would still be 

subject to the notification requirements 

prior to shipment as required by 

§ 110.50. The advance notifications of 

imports of Category 1 and 2 quantities 

of material, § 110.50(c) would be revised 

to require the exporting facility name, 

location, address, contact name and 

telephone number as part of the preshipment notification. 

Additionally, § 110.50(c) would be 

revised to require advance notifications 

of imports to be submitted seven days 

in advance of shipment. This change 

would permit NRC staff adequate time 

to verify the information provided in the 

advance notification. Currently, the preshipment notification is 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. 

Currently, at the time of the license 

application, for both Category 1 and 

Category 2 exports, the applicant for the 

export license is required to provide the 

NRC with pertinent documentation 

demonstrating that the recipient of the 

radioactive material has the necessary 

authorization under the laws and 

regulations of the importing country to 

receive and possess the material. For 

Category 2 exports, the NRC has waived 

this requirement for a number of 

licensees to allow the exporter to 

provide this authorization at the time of 

notification of shipment instead of at 

the time of the application. This waiver 

is consistent with the Code of Conduct 

and supplemental Guidance, under 

which the authorization from the 

importing country can be verified by the 

exporter of Category 2 material if 

permitted by the licensing agency. 

The proposed rule would amend 

§ 110.32 to allow the export licensee (for 

Category 2 material only) to verify the 

authorization from the importing 

country at the time of shipping instead 

of at the time of the license application. 

The regulations would continue to 

require licensees to send copies of the 

authorizations to the NRC. 

B. Import and Export of Radioactive 

Waste 

In 1995, the NRC promulgated a final 

rule requiring specific licenses for 

exports and imports of radioactive waste 

(60 FR 37555; July 21, 1995). Since that 

time, based on the Commission’s 

extensive experience in implementing 

the rule, it became clear that the rule 

warrants revision. Specifically, the 

definition of radioactive waste in 10 

CFR Part 110 is confusing and 

inconsistent with how the term is used 

domestically. Likewise, the term 

‘‘incidental radioactive material’’ (IRM), 

as defined in 10 CFR Part 110, is unclear 

with regard to its scope, applicability, 

and relationship to radioactive waste. In 

particular, the meaning of the phrase 

‘‘recycling or resource recovery’’ in the 

definition of IRM is unclear and 

difficult to apply because the concept of 

IRM is limited to 10 CFR Part 110. 

Consequently, the Commission is 

proposing changes to the definition of 

radioactive waste in § 110.2 to address 

these concerns. Among the proposed 

changes is the deletion of the definition 

of IRM from § 110.2 and incorporation 

of aspects of it in the revised definition 

of radioactive waste. These proposed 

changes to 10 CFR Part 110 will 

facilitate the licensing process for 

exports and imports of radioactive waste 

and improve the efficiency and 

consistency of licensing actions. 

A specific license would be required 

for the export and import of radioactive 

waste if a specific radioactive material 

license is required to possess the 

material domestically in accordance 

with NRC’s regulations in 10 CFR 

Chapter 1 (e.g., Parts 30, 40, and 70). 

This revision would link 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 

would eliminate the need for a specific 

license to export or import materials 

that do not require a specific license to 

possess under NRC’s regulations in 10 

CFR Chapter 1. In addition, this 

proposed change would improve 

consistency and eliminate some of the 

differences between the domestic 

licensing requirements for possession 

and the licensing requirements for 

export and import. 

The proposed changes would require 

a specific export or import license for 

any material that requires a specific 

NRC license to possess domestically, in 

accordance with the requirements in 10 

CFR Chapter 1, that 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 would simplify 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 Part 40 or Part 61 facility 

(or the equivalent) would require a 

specific export or import license. 

This proposed rule would also delete 

the definition of ‘‘incidental radioactive 

material’’ from 10 CFR Part 110. The 

purpose of this proposed change would 

be to clarify the scope of ‘‘radioactive 

waste’’ and to address confusion created 

by the current definition of IRM. While 

the proposed rule would delete the 

definition of IRM, the rule does 

incorporate aspects of IRM into the 

revised definition of radioactive waste 

and the exclusions from that definition. 

For example, the current 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 

29616 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 

disposal) would be expanded and 

broadened to include some of the 

material that currently falls under the 

definition of IRM such as launderable 

protective clothing. 

There are three exclusions from the 

current definition of ‘‘radioactive 

waste.’’ Under the proposed rule, the 

three exclusions would be retained, 

with some modifications, and two new 

exclusions are proposed. The five 

proposed exclusions are set forth below: 

1. Radioactive material in sealed 

sources or devices containing sealed 

sources being returned to any 

manufacturer, distributor or other entity 

which is authorized to receive and 

possess them. Under the current 

exclusion, the scope is limited to 

sources or devices being returned to a 

manufacturer. The proposed change 

would allow the return of sources or 

devices to distributors and other 

appropriately authorized entities. 

Licensing and notification requirements 

for Category 1 and Category 2 quantities 

of material listed in Table 1 of 

Appendix P would apply where 

applicable. 

2. A contaminate on any nonradioactive material used in nuclear 

facilities, if the item is being shipped for 

recovery and beneficial use of the nonradioactive component in a nuclear 

facility and not solely for waste 

management purposes or disposal. The 

current 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) would be 

expanded and broadened to include 

some of the material that currently falls 

under the definition of IRM such as 

launderable protective clothing. 

3. Materials exempted from regulation 

by the Nuclear Regulatory Commission 

or equivalent Agreement State 

regulations. This proposed 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., Parts 30, 40, and 

70). This change would eliminate some 

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. No changes 

are proposed to this exclusion. 

5. Materials being returned by or for 

the U.S. Government or military to a 

facility that is authorized to possess the 

material. This proposed 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. 

C. General License for the Export of 

Byproduct Material 

The NRC staff regularly receives 

questions from the regulated community 

regarding the application of § 110.23, 

General license for the export of 

byproduct material. Our experience has 

demonstrated the need to revise several 

requirements for the export of 

byproduct material in order to clarify 

the requirements and to address 

inconsistencies inadvertently resulting 

from prior changes made to the section 

in 1994 (September 26, 1994; 59 FR 

48994) and 2000 (November 22, 2000; 

65 FR 70287). 

Prior to 1994, a general license was 

issued to any person to export any 

byproduct material, except for tritium, 

polonium-210, neptunium-237, and 

americium-241, to any country not 

listed in § 110.28 (embargoed 

destinations). In 1994, the NRC revoked 

the general license for Nuclear Supplier 

Group (NSG)-controlled alpha-emitters 

and International Atomic Energy List of 

the Coordinating Committee on 

Multilateral Export Controls (COCOM)- 

controlled transuranic isotopes. The 

NRC established a new general license 

to permit the export of the specified 

alpha-emitting radionuclides to 

countries which are members of the 

NSG and to permit the export of the 

specified alpha-emitting radionuclides 

to most other countries when in a 

device, or in a source for use in a 

device, containing less than 3.7 × 10¥3

terabecquerels (TBq) (100 millicuries 

(mCi)) of alpha activity per device or 

source. (10 CFR Part 71, Appendix A, 

provides specific activities in 

terabequerels per gram and in curies per 

gram.) The alpha-emitting radionuclides 

added to § 110.23 (a)(2) in 1994 were: 

Actinium-225. 

Actinium-227. 

Californium-248. 

Californium-250. 

Californium-252. 

Curium-240. 

Curium-241. 

Curium-242. 

Curium-243. 

Curium-244. 

Einsteinium-252. 

Einsteinium-253. 

Einsteinium-254. 

Einsteinium-255. 

Fermium-257. 

Gadolinium-148. 

Mendelevium-258. 

Polonium-208. 

Polonium-209. 

Polonium-210. 

Radium-223. 

The NRC also revoked the general 

license for americium-242m, 

californium-249, californium-251, 

curium-245, and curium-247 

(transuranic isotopes) to conform NRC’s 

regulations with the COCOM control 

list. 

At the final rule stage, curium-246 

was added to § 110.23(a)(1) (1994) 

which had the effect of restricting the 

general license for curium-246 to a 

specified activity level. It appears that 

this restriction was in error. Curium-246 

is not on the NSG-control list or the 

COCOM-control list. Further, there is no 

discussion in the final rule (or the 

proposed rule) in 1994 of restricting the 

general license for curium-246 at a 

specified activity level. Therefore, this 

proposed rule would remove the 

limitation on the general license for 

export. Curium-246, at any activity 

level, could be exported under a general 

license to any country not listed in 

§ 110.28 (embargoed destination). 

As a result of the 2000 amendments, 

the NSG-controlled and COCOMcontrolled radionuclides were merged 

into § 110.23(a)(2) (2000). Americium241 and neptunium-237 were included 

in this section even though they were 

not NSG- or COCOM-controlled. All of 

the radioisotopes listed in that section 

could be exported under a general 

license up to 3.7 × 10¥3 TBq (100 

millicuries). 

In the proposed rule, new 

§ 110.23(a)(2) would contain the 

requirements for COCOM-controlled 

radionuclides and new § 110.23(a)(4) 

would contain the general license for 

the NSG-controlled alpha-emitting 

radionuclides. 

The general license for americium-241 

would also be revised. In 2000, when 

§ 110.23 was clarified for ease of 

reading, americium-241 (and 

neptunium-237) were included in the 

‘‘merged’’ list of NSG- and COCOMcontrolled radionuclides even though 

they were not NSG- or COCOMcontrolled (see § 110.23(a)(2) (2000)). 

The effect of the 2000 amendments was 

to restrict the general license for exports 

of americium-241 to 3.7 × 10¥3 TBq 

(100 mCi). Prior to the changes in 2000, 

there were no activity restrictions on 

exports to countries not listed in 

§§ 110.29 (restricted destinations) and 

110.28 (embargoed destinations). 

Americium-241 exports under a general 

license could not exceed 3.7 × 10¥2 TBq 

Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 29617 

(one curie) per shipment or 3.7 TBq (100 

curies) per year to any one country 

listed in § 110.29. For exports to 

§ 110.29 countries that exceeded the 

limit above, the americium-241 must be 

contained in petroleum exploration or 

industrial process control equipment in 

quantities not exceeding 0.74 TBq (20 

curies) per device or 7.4 TBq (200 

curies) per year to any one restricted 

country. 

In 2005, the Commission published a 

final rule that conformed NRC’s export 

and import regulations to the provisions 

of the IAEA Code of Conduct and 

supplemental Guidance (July 5, 2005; 70 

FR 37985). The specific radioactive 

material and quantities added by this 

rule are listed in Table 1 of Appendix 

P to 10 CFR Part 110. Americium-241 is 

one of the materials listed in this table. 

As a result of the 2005 rule, an NRC 

specific license was required to export 

(and import) these radioactive materials 

at Category 2 and above quantities. For 

americium-241, the Category 2 

threshold limit was set at 0.6 TBq (16 

Ci). As part of the 2005 rulemaking, 

changes were made to the general 

license for americium-241 in an effort to 

conform it to the threshold for 

americium-241 in Table 1 of Appendix 

P. The staff is now proposing to remove 

americium-241 from § 110.23 (a)(2) 

which currently controls it at 3.7 × 10¥3

TBq (100 mCi) and rewrite the general 

license for americium-241 in proposed 

§ 110.23(a)(5) to address the 

inconsistencies inadvertently resulting 

from prior changes to the section and to 

take into account the Appendix P 

thresholds for americium-241. 

Likewise, the general license for the 

export of neptunium-237 would be 

revised to address inconsistencies 

resulting from prior rule changes. Under 

this proposed rule the general license 

for the export of neptunium-237 would 

cover shipments that do not exceed one 

gram for individual shipment and do 

not exceed a cumulative total of 10 

grams per year to any one country. The 

general license would be found in 

§ 110.23(a)(6) of this proposed rule. 

We also reexamined the general 

license to export tritium. Several 

editorial changes are proposed for the 

general license in an effort to make it 

more readable. Over the years, the 

various restrictions applying to the 

general license to export tritium had 

been merged into a single 

subparagraph—currently, § 110.23 

(a)(6). In this proposed rule, the general 

license for tritium has been divided into 

four sections, § 110.23(a)(8)(i) through 

(a)(8)(iv), for clarity. 

II. Section-by-Section Analysis 

Subpart A—General Provisions 

Section 110.1, Purpose and scope. 

The proposed rule would remove 

paragraph (b)(2). None of the items 

controlled by the Department of State 

pursuant to 22 CFR Parts 120 through 

130, ‘‘International Traffic in Arms 

Regulations’’ (ITAR), are within the 

scope of the NRC’s regulations. Also, the 

citations in paragraphs (b)(3) and (b)(4) 

would be corrected. 

Section 110.2, Definitions. The 

proposed rule would revise 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, Physical security, 

Radioactive waste, 

Radiopharmaceutical, Recipient 

Country, Restricted destinations, and 

Specific license to make editorial 

changes. The proposed revision to the 

definition of radioactive waste is 

discussed in detail in Section 1.B of this 

document. The definitions for Bulk 

material, Low-level waste compact, and 

Nuclear Suppliers Group would be 

added for clarification purposes. In 

addition, the proposed rule would 

remove the definition of Incidental 

radioactive material as discussed in 

Section 1.B of this document. 

Section 110.4, Communications. 

Changes would be made to update a 

reference to an NRC Web site URL. 

Section 110.6, Retransfers. The 

proposed rule would add language to 

clarify the scope of the provisions to be 

consistent with the requirements of the 

Atomic Energy Act. Paragraph (b) would 

be amended to update the address for 

the Department of Energy. 

Section 110.7, Information collection 

requirements: OMB approval. Changes 

would restructure the section for 

clarification and would make a minor 

editorial change. 

Section 110.7a, Completeness and 

accuracy information. The proposed 

rule would make an editorial change to 

paragraph (b). 

Subpart B—Exemptions 

Section 110.10, General. The 

proposed rule would amend 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. Editorial changes 

are proposed to the text. 

Subpart C—Licenses 

Section 110.19, Types of licenses. The 

proposed rule would amend paragraph 

(a) by removing the last sentence 

regarding compliance with other 

applicable regulations. The requirement 

that general and specific licensees are 

subject to other applicable laws or 

regulations is already addressed in 

§ 110.50(a). This proposed rule would 

also remove paragraph (b) which relates 

to exports of incidental radioactive 

material. 

Section 110.20, General license 

information. The proposed rule would 

remove references to ‘‘incidental 

radioactive material’’ and correct 

citations in paragraph (a). Paragraph (d) 

would be 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. The 

proposed rule would remove the general 

license provision related to the export of 

incidental radioactive material in 

paragraph (e) and make editorial 

changes to paragraphs (a), (b), and (c). 

Section 110.22, General license for the 

export of source material. The proposed 

rule would make editorial changes, 

correct internal reference errors in 

paragraphs (a), (b), (c), (d), (e), and (f), 

and would add a reference to paragraph 

(e) to the text of paragraph (f). The 

amendment would remove 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. The 

proposed rule would make editorial and 

organizational changes to clarify 

requirements. No new substantive 

requirements are proposed. These 

changes are discussed in detail in 

Section I.C of this document. 

Section 110.24, General license for the 

export of deuterium. Proposed editorial 

changes would clarify the text to 

improve readability. 

The proposed rule would amend 10 

CFR Part 110, by adding and reserving 

§ 110.25. This change is made to clarify 

that there is not a printing error in 10 

CFR Part 110 and reserve this section for 

possible future changes to the 

regulations. 

Section 110.26, General license for the 

export of nuclear reactor components. 

The proposed rule would amend 

§ 110.26 by restructuring paragraph (a) 

29618 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 

to clarify that the general license covers 

components solely of U.S. origin. 

Paragraph (a)(1) would be removed, and 

the text incorporated into paragraph (a). 

Paragraphs (a)(2) and (a)(3) would be 

redesignated as (a)(1) and (a)(2), 

respectively. New paragraph (a)(2) 

would be amended 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 

would allow, 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 in paragraph (a) would be 

moved to new paragraph (b). The 

subsequent paragraphs would be 

renumbered accordingly. 

New paragraph (b) would be 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 would also apply to these new 

EURATOM member countries for 

purposes of section 109b. of the Atomic 

Energy Act. 

Section 110.27, General license for 

imports. The proposed rule would 

amend § 110.27 by removing paragraphs 

(a)(1) and (a)(2). NRC’s import 

regulations do not apply to the 

Department of Energy for activities 

authorized by sections 54, 64, 82, and 

91 of the Atomic Energy Act. This 

includes activities conducted under a 

contract with the Department of Energy. 

We are proposing to remove paragraph 

(a)(2) because a general license should 

not be required for the import of 

byproduct, source, or special nuclear 

material when that same material is 

exempt from NRC domestic licensing 

requirements. The current inconsistency 

between NRC’s import licensing 

requirements and NRC’s domestic 

licensing requirements is a source of 

confusion. This change would clarify 

that material that is exempt or else not 

subject to domestic licensing 

requirements (e.g., § 31.18 and § 40.13) 

would not require a general or specific 

import license unless otherwise 

mandated in 10 CFR Part 110. 

Paragraph (b) would be 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 would state that the general 

license in paragraph (a) does not 

authorize the import of source or special 

nuclear material in the form of 

irradiated fuel if the total weight of the 

material exceeds 100 kilograms per 

shipment. 

Section 110.27 would be revised at 

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. As 

discussed in detail in Section I.A of this 

document, this proposed rule would 

allow Category 1 and Category 2 

quantities of radioactive materials to be 

imported under a general license. 

Section 110.30, Members of the 

Nuclear Suppliers Group. The proposed 

rule would update the list of Nuclear 

Suppliers Group members by adding 

‘‘China,’’ ‘‘Croatia,’’ ‘‘Estonia,’’ 

‘‘Kazakhstan,’’ ‘‘Lithuania,’’ and 

‘‘Malta.’’ 

Section 110.31, Application for a 

specific license. The proposed rule 

would amend 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 (i.e., exports, imports, 

combined export/import, amendment, 

and renewal applications) to be made 

using NRC Form 7. See 71 FR 19102; 

April 13, 2006. 

Section 110.31 would be changed to 

require a request for an exemption from 

a licensing requirement to be 

accompanied by the appropriate fee in 

accordance with the fee schedule in 

§ 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 

NRC’s export and import licensing 

requirements. See 72 FR 31402; June 6, 

2007. This change would update 10 CFR 

Part 110 to reflect recent changes to the 

fee schedule in 10 CFR Part 170. 

Additionally, the proposed rule 

would add a signature requirement to 

§ 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 proposed 

change is consistent with requirements 

related to applications for specific 

licenses in other parts of NRC’s 

regulations. It would also clarify that a 

signature is required to certify the 

veracity of information submitted to the 

agency on the NRC Form 7. 

Finally, the order of paragraphs (b) 

and (c) would be reversed so that 

§ 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’’ would be 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. The proposed rule change 

to paragraph (b) would 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) 

would be amended for consistency 

purposes. Specifically, for the export of 

nuclear equipment to a foreign reactor, 

a license application would include the 

name of the facility so the NRC would 

know whether Executive Branch review 

is required, per § 110.41(a)(7). 

This section would also be 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) would be deleted to 

conform this section with the proposed 

change which would allow Category 1 

and Category 2 quantities of radioactive 

materials to be imported under a general 

license. This proposed change is 

discussed in more detail in Section I.A 

of this document and in the section-bysection analysis for § 110.27. 

Paragraph (h) would be redesignated 

as new paragraph (g) and would allow 

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. These 

changes are discussed in Section I.A of 

this document. 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 

Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 29619 

to receive and possess the material 

would remain unchanged. 

Subpart D—Review of License 

Applications 

Section 110.40, Commission review. 

The proposed rule would amend this 

section to reduce the number of export 

license applications that require 

Commission review and would, instead, 

focus 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 

would no longer be required unless the 

export raises an important policy issue. 

The proposed change also would 

increase 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 would 

mandate Commission review of import 

license applications that raise 

significant policy issues. By focusing on 

policy issues, this proposed change 

would increase efficiency and reduce 

fees on routine NRC export applications. 

Any export that is subject to special 

limitations as determined by the staff or 

the Executive Branch would be 

considered one that raises an important 

policy issue and would continue to 

require Commission review. This 

proposed rule would add 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 § 110.42, or Category 1 

quantities of material to any country 

listed in § 110.28. 

Section 110.41, Executive Branch 

review. The proposed rule would amend 

§ 110.41 to make a minor editorial 

change and to require 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 § 110.42. Also, the export of 

radioactive material listed Table 1 of 

Appendix P to any country listed in 

§§ 110.28 or 110.29 would require the 

review of the Executive Branch in 

accordance with § 110.41(a)(9). 

Section 110.43, Import licensing 

criteria. The proposed rule would 

amend § 110.43 to clarify that, with 

respect to the import of radioactive 

waste, the NRC consults 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. 

Commission policy, as noted in the 

1995 final rule on the export and import 

of radioactive waste, states that: 

The NRC will not grant an import license 

for waste intended for disposal unless it is 

clear that the waste will be accepted by a 

disposal facility, host State, and compact 

(where applicable). This will be part of the 

determination regarding the appropriateness 

of the facility that has agreed to accept the 

waste for management or disposal. 

See Final Rule, Import and Export of 

Radioactive Waste, 60 FR 27556 (July 

21, 1995). This proposed change would 

address the questions that the NRC 

receives on the scope of the host State 

and low-level waste compact 

commission’s (if applicable) role 

regarding the NRC’s review of import 

applications for radioactive waste. 

Additionally, the proposed rule 

would amend § 110.43 to remove the 

import licensing criteria related to the 

imports of radioactive material listed in 

Appendix P. This change conforms 

§ 110.43 with the proposed 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 

Section I.A to this document and in the 

section-by-section analysis for § 110.27. 

Section 110.44, Physical security 

standards. The proposed rule would 

correct the Web site reference for the 

National Archives and Records 

Administration. Changes are proposed 

to § 110.44(b)(1) that would 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 at least comparable to the 

recommendations set forth in INFCIRC/ 

225/Rev. 4 (corrected). 

Section 110.45, Issuance or denial of 

license. The proposed rule would 

amend this section to remove 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 

§ 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 

Energy Community (EURATOM) and 

the United States of America that went 

into effect in 1995 obviates the need for 

a presidential exemption. 

The proposed rule would make 

conforming changes to paragraph (b)(4), 

which would be consistent with the 

proposed changes to § 110.43(d), 

regarding the issuance of an import 

license of radioactive waste. Paragraph 

(b)(5) would be removed to eliminate 

the criteria related to the imports of 

radioactive material listed in Appendix 

P to 10 CFR Part 110. This change 

would conform § 110.45 with the 

proposed 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 Section I.A to this 

document and in the section-by-section 

analysis for § 110.27. Additionally, 

§ 110.45(d) would be 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 to 10 CFR Part 110. 

Subpart E—License Terms and Related 

Provisions 

Section 110.50, Terms. The proposed 

rule would make several editorial, 

clarifying, and conforming changes to 

this section. In paragraph (a)(1), 

proposed changes would clarify that 

each license is subject to all applicable 

provisions of the Atomic Energy Act or 

other applicable law. Paragraph (a)(4) 

would be rewritten and renumbered 

(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) would be 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 should be found in 

paragraph (a). 

In paragraph (b)(2), proposed changes 

would 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) would be 

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) would clarify 

that prior to shipment of certain nuclear 

material or equipment that has 

associated with it export controls 

imposed by other countries (foreignobligated material or equipment), a 

license amendment may be required to 

authorize the shipment. Alternatively, 

the licensee could give the NRC 40 days 

29620 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 

advance notice of the intended 

shipment. 

Paragraph (b)(4) would be 

redesignated as new paragraph (c) and 

would include 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. Proposed changes to the 

advance notification requirements 

would conform this section with the 

proposed 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 Section I.A of this 

document and in the section-by-section 

analysis for § 110.27. Additionally, 

editorial changes are proposed to update 

the Web site information for the Office 

of International Programs and to provide 

specific details on where to send the 

information required for export and 

import notifications. 

Section 110.51, Amendment and 

renewal of licenses. The proposed rule 

would amend § 110.51 to separate the 

requirements for license amendments 

and renewals into separate paragraphs. 

This proposed change would clarify the 

differences in requirements between 

amendment and renewal requests and 

improve readability of the section. No 

substantive changes are proposed. 

Section 110.53, United States address, 

records, and inspections. The proposed 

rule would clarify 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, it is proposed to add 

similar clarifying language to paragraph 

(b) of this section that license applicants 

and both general and specific licenses 

shall maintain records concerning its 

exports and imports. Clarifying language 

would also be added that byproduct 

material records must be retained for 

three years after the date of each export 

or import shipment. 

Subpart F—Violations and Enforcement 

Sections 110.60, Violations, 110.66, 

Enforcement hearing, and 110.67, 

Criminal penalties. Proposed changes 

would make non-substantive changes 

for 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. The proposed 

rule would amend this section to clarify 

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 § 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 minor 

amendments would be posted on NRC’s 

Web site. 

Subpart H—Public Participation 

Procedures Concerning License 

Applications 

Section 110.80, Basis for hearings. 

The proposed rule would amend this 

section to correct the omission of the 

word import from the section. This 

change would clarify 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. 

Proposed changes would clarify 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 section 

would be amended to add 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 would be 

consistent with § 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) would be renumbered 

accordingly. 

Subpart I—Hearings 

Section 110.112, Reporter and 

transcript for an oral hearing. The 

proposed rule would clarify 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 Part 110—Illustrative List 

of Byproduct Material Under NRC 

Export/Import Licensing Authority 

Appendix L would be amended by 

revising the list of byproduct material 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 

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 (AEA), 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. 

Plain Language 

The Presidential Memorandum ‘‘Plain 

Language in Government Writing’’ 

published June 10, 1998 (63 FR 31883), 

directed that the Government’s 

documents be in clear and accessible 

language. The NRC requests comments 

on this proposed rule specifically with 

respect to the clarity and effectiveness 

of the language used. Comments should 

be sent to the address listed under the 

ADDRESSES heading. 

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 proposed rule. 

Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 29621 

Paperwork Reduction Act Statement 

This proposed 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 proposed 

rule is not required. Existing 

requirements were approved by the 

Office of Management and Budget, 

approval number 3150–0036. 

Abstract 

The NRC is proposing to amend its 

regulations that govern the export and 

import of nuclear equipment and 

material. In addition to updating, 

clarifying, and correcting several 

provisions, the proposed rule would 

allow Category 1 and 2 quantities of 

material to be imported, and a general 

license. 

The U.S. Nuclear Regulatory 

Commission is seeking public comment 

on the potential impact of the 

information collections contained in 

this proposed rule and on the following 

issues: 

1. Is the proposed information 

collection necessary for the proper 

performance of the functions of the 

NRC, including whether the information 

will have practical utility? 

2. Is the estimate of burden accurate? 

3. Is there a way to enhance the 

quality, utility, and clarity of the 

information to be collected? 

4. How can the burden of the 

information collection be minimized, 

including the use of automated 

collection techniques? 

A copy of the NRC Form 670, 

‘‘Information Required for Making an 

Insignificant Burden Determination To 

Support a Decision That OMB Clearance 

Is Not Required,’’ may be viewed free of 

charge at the NRC Public Document 

Room, One White Flint North, 11555 

Rockville Pike, Room O–1 F21, 

Rockville, MD 20852. The NRC Form 

670 and rule are available at the NRC 

worldwide Web site: http://

www.nrc.gov/public-involve/doccomment/omb/index.html for 60 days 

after the signature date of this notice. 

Send comments on any aspect of 

these proposed information collections, 

including suggestions for reducing the 

burden and on the above issues, by July 

23, 2009 to the Records and FOIA/ 

Privacy Services Branch (T–5 F52), U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, or by 

Internet electronic mail to 

INFOCOLLECTS.RESOURCE@NRC.GOV 

and to Christine J. Kymn, the Desk 

Officer, Office of Information and 

Regulatory Affairs, NEOB–10202, 

(3150–0036), Office of Management and 

Budget, Washington, DC 20503. 

Comments received after this date will 

be considered if it is practical to do so, 

but assurance of consideration cannot 

be given to comments received after this 

date. You may also e-mail comments to 

Christine_J._KymnAomb.eop.gov or 

comment by telephone at 202–395– 

4638. 

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 

The NRC is proposing to amend its 

regulations at 10 CFR Part 110 to 

update, clarify, and correct several 

provisions in an effort to improve NRC’s 

regulatory framework for the export and 

import of nuclear equipment, material, 

and radioactive waste. Most of these 

changes are administrative in nature 

and would 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 

proposed rule would allow imports of 

Category 1 and 2 quantities of material 

under a general license instead of a 

specific license. The proposed rule 

would also revise the definition of 

‘‘radioactive waste.’’ In addition, the 

Commission is proposing to delete the 

definition of ‘‘incidental radioactive 

material’’ and incorporate aspects of it 

in the revised definition of ‘‘radioactive 

waste.’’ These proposed changes to 10 

CFR Part 110 will facilitate the licensing 

process for exports and imports of 

radioactive waste and improve the 

efficiency and consistency of licensing 

actions. These changes are not expected 

to 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 would not, if promulgated, 

have a significant economic impact on 

a substantial number of small entities. 

This rule would affect only companies 

exporting or importing nuclear 

equipment, material, and radioactive 

waste to and from the United States and 

do 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 would 

not involve any provisions that would 

impose backfits as defined in 10 CFR 

Chapter I. 

List of Subjects in 10 CFR Part 110 

Administrative practice and 

procedure, Classified information, 

Criminal penalties, Export, Import, 

Intergovernmental relations, Nuclear 

materials, Nuclear power plants and 

reactors, Reporting and recordkeeping 

requirements, Scientific equipment. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; and 5 U.S.C. 553, the NRC 

is proposing to adopt the following 

amendments to 10 CFR Part 110. 

PART 110—EXPORT AND IMPORT OF 

NUCLEAR EQUIPMENT AND 

MATERIAL 

1. The authority citation for Part 110 

continues to read as follows: 

Authority: Secs. 51, 53, 54, 57, 63, 64, 65, 

81, 82, 103, 104, 109, 111, 126, 127, 128, 129, 

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. 

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 § 110.1, paragraphs (b)(2), (b)(3), 

(b)(4) and (b)(5) are revised to read as 

follows: 

29622 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 

§ 110.1 Purpose and scope. 

* * * * * 

(b) * * * 

(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. 

* * * * * 

3. In § 110.2: 

a. The definition of ‘‘Incidental 

radioactive material’’ is removed; 

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’’, 

‘‘Physical security’’, ‘‘Radioactive 

waste’’, ‘‘Radiopharmaceutical’’, 

‘‘Recipient Country’’, ‘‘Restricted 

destinations’’, and ‘‘Specific license’’ 

are revised; and 

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: 

§ 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 

§ 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 hexafluoride 

(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 

§ 110.42(a)(9), includes molybdenum99, 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 

defined in the Treaty on the NonProliferation 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 

Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 29623 

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 § 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 Web site 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 

(PDR.Resource@nrc.gov), 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 nonproliferation 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 

under Atomic Energy Act 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. 

* * * * * 

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. 

* * * * * 

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 to10 CFR 

Part 40, or an equivalent facility. 

Radioactive waste does not include 

radioactive material that is— 

(1) 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 nonradioactive material used in a nuclear 

facility (including service tools and 

protective clothing), if the material is 

being shipped for recovery and 

beneficial use of the non-radioactive 

material in a nuclear facility and not 

solely 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; or 

(5) Being returned by or for the U.S. 

Government or military to a facility that 

is authorized to possess the material. 

Radiopharmaceutical, for the 

purposes of § 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 

§ 110.42(a)(9), means Canada, Belgium, 

France, Germany, and the Netherlands. 

Restricted destinations means 

countries that are listed in 10 CFR 

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 

§ 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. 

* * * * * 

4. Section 110.4 is revised to read as 

follows: 

§ 110.4 Communications. 

Except where otherwise specified in 

this part, all communications and 

reports concerning the regulations in 

this part should be addressed to the 

Deputy Director of the NRC’s Office of 

International Programs, either by 

telephone to 301–415–2344; by mail to 

the U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001; by hand delivery to the NRC’s 

offices at 11555 Rockville Pike, 

Rockville, Maryland 20852; or, where 

practicable, by electronic submission, 

for example, via Electronic Information 

Exchange, or CD–ROM. Electronic 

submissions must be made in a manner 

that enables the NRC to receive, read, 

authenticate, distribute, and archive the 

submission, and process and retrieve it 

a single page at a time. Detailed 

guidance on making electronic 

submissions can be obtained by visiting 

the NRC’s Web site at http:// 

www.nrc.gov/site-help/esubmittals.html, by e-mail to 

EIE.Resource@nrc.gov, or by writing the 

Office of Information Services, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. The 

guidance discusses, among other topics, 

the formats the NRC can accept, the use 

of electronic signatures, and the 

treatment of nonpublic information. 

5. Section 110.6 is revised to read as 

follows: 

§ 110.6 Retransfers. 

(a) Retransfer of any nuclear 

equipment listed in § 110.8, source 

material, or special nuclear material, 

including special nuclear material 

produced through the use of U.S.- 

obligated equipment, 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. 

Under certain agreements for 

cooperation, Department of Energy 

authorization also is required for the 

retransfer of special nuclear material 

produced through the use of non-U.S.- 

supplied nuclear material in U.S.- 

supplied utilization facilities. 

Department of Energy authorization is 

also required for the retransfer of 

obligated nuclear equipment and 

material (see definition of ‘‘obligations’’ 

in § 110.2). 

(b) Requests for authority to retransfer 

are processed by the Department of 

29624 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 

Energy, National Nuclear Security 

Administration, Office of International 

Regimes and Agreements, Washington, 

DC 20585. 

6. In § 110.7, paragraph (c) is revised 

to read as follows: 

§ 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 §§ 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. 

7. In § 110.7a, paragraph (b) is revised 

to read as follows: 

§ 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. 

8. In § 110.10, paragraph (c) is revised 

to read as follows: 

§ 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. 

9. Section 110.11 is revised to read as 

follows: 

§ 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 § 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 uranium235 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)). 

10. Section 110.19 is revised to read 

as follows: 

§ 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. 

11. In § 110.20, paragraphs (a) and (d) 

are revised to read as follows: 

§ 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 

§§ 110.21 through 110.27. If an export or 

import is not covered by the NRC 

general licenses described in §§ 110.21 

through 110.27, a person must file an 

application with the Commission for a 

specific license in accordance with 

§§ 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. 

* * * * * 

12. In § 110.21 paragraph (e) is 

removed and paragrahs (a)(3), (a)(4), (b), 

and (c) are revised to read as follows: 

§ 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 × 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 

§ 110.28 or § 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 uranium235, or 10 kilograms of 1 percent 

enriched uranium), not to exceed 0.1 

effective kilogram per 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 

issued to any person to export 

plutonium-236 or plutonium-238 to any 

country listed in § 110.30 in individual 

shipments of 1 gram or less, not to 

exceed 100 grams per year to any one 

country. 

* * * * * 

13. Section 110.22 is revised to read 

as follows: 

§ 110.22 General license for the export of 

source material. 

(a) Except as provided in paragraph (f) 

of this section, a general license is 

issued to any person to export the 

following to any country not listed in 

§ 110.28: 

(1) Uranium or thorium, other than 

uranium-230, uranium-232, thorium227, and thorium-228, in any substance 

in concentrations of less than 0.05 

percent by weight. 

Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 29625 

(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 × 10¥3 TBq (100 millicuries) of 

alpha activity (3.12 micrograms 

thorium-227, 122 micrograms thorium228, 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 thorium228, in individual shipments of 10 

kilograms or less to any country not 

listed in § 110.28 or § 110.29, not to 

exceed 1,000 kilograms per year to any 

one country or 500 kilograms per year 

to any one country when the uranium 

or thorium is Canadian-obligated. 

(c) A general license is issued to any 

person to export 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. 

(d) 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 thorium228, in individual shipments of 1 

kilogram or less to any country listed in 

§ 110.29, not to exceed 100 kilograms 

per year to any one country. 

(e) Except as provided in paragraph (f) 

of this section, a general license is 

issued to any person to export uranium230, uranium-232, thorium-227, or 

thorium-228 in individual shipments of 

10 kilograms or less to any country 

listed in § 110.30, not to exceed 1,000 

kilograms per year to any one country 

or 500 kilograms per year to any one 

country when the uranium or thorium is 

Canadian-obligated. 

(f) Paragraphs (a), (b), (c), (d), and (e) 

of this section do not authorize the 

export under general license of source 

material in radioactive waste. 

14. Section 110.23 is revised to read 

as follows: 

§ 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 § 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 

terabecquerel (TBq) values specified in 

Category 2 of Table 1 unless a more 

restrictive requirement applies. 

(4) The general license is issued for 

exports of the following radionuclides 

when contained in a device, or a source 

for use in a device, in quantities of less 

than 3.7 × 10¥3 TBq (100 millicuries) of 

alpha activity per device or source, 

unless the export is to a country listed 

in § 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 § 110.29 must not exceed 3.7 × 

10¥2 TBq (one curie) per shipment. 

(ii) For americium-241, exports under 

the general license to a country listed in 

§ 110.29 that exceed 3.7 × 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/year (200 curies/ 

year) to any one country. 

(iii) All exports of americium are 

subject to the reporting requirements 

listed in paragraph (b) of this section. 

(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 year to 

any one country. All exports of 

neptunium are subject to the reporting 

requirements listed in paragraph (b) of 

this section. 

(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 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 § 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 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. 

(b) Persons making exports under the 

general license established by paragraph 

(a) of this section 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 

§ 110.4. The report must include: 

(1) A description of the material, 

including quantity in TBq and grams; 

(2) Approximate shipment dates; and 

(3) A list of recipient countries, end 

users, and intended use keyed to the 

items shipped. 

15. Section 110.24 is revised to read 

as follows: 

§ 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 § 110.28 or § 110.29 deuterium 

in individual shipments of 10 kilograms 

29626 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 

or less (50 kilograms of heavy water). No 

person may export more than 200 

kilograms (1,000 kilograms of heavy 

water) per year to any one country. 

(b) A general license is issued to any 

person to export to any country listed in 

§ 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 year to 

any one country listed in § 110.29. 

§ 110.25 [Reserved] 

16. Section 110.25 is added and 

reserved. 

17. Section 110.26 is revised to read 

as follows: 

§ 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 can 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) 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 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. 

18. In § 110.27, paragraphs (a), (b), 

and (f) are revised to read as follows: 

§ 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 source or special nuclear 

material in the form of irradiated fuel if 

the total weight of the material exceeds 

100 kilograms per shipment. 

* * * * * 

(f) Importers of radioactive material 

listed in Appendix P to this part must 

provide the notifications required by 

§ 110.50. 

§ 110.30 [Amended] 

19. Section 110.30 is amended by 

adding ‘‘China’’, ‘‘Croatia’’, ‘‘Estonia’’, 

‘‘Kazakhstan’’, ‘‘Lithuania’’, and 

‘‘Malta’’ in alphabetical order. 

20. Section 110.31 is revised to read 

as follows: 

§ 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 § 110.4. 

(b) Applications for export, import, 

combined export/import, amendment or 

renewal licenses or a request for an 

exemption from a licensing requirement 

under 10 CFR Part 110 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 schedule in § 170.21 and 

§ 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 § 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. 

21. Section 110.32 is revised to read 

as follows: 

§ 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 

§ 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, 

other than intermediate consignees 

performing shipping services only. 

Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 29627 

(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 § 61.55 of this chapter) if 

imported or exported for direct disposal, 

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 (e.g., any 

agreement by a low-level waste compact 

commission or State to accept the 

material for management purposes or 

disposal). 

(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). 

22. Section 110.40 is revised to read 

as follows: 

§ 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 Commission shall review a 

license application for export of the 

following: 

(1) A production or utilization 

facility. 

(2) More than five 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 § 110.28 or § 110.29 involving 

over: 

(i) 10 grams of plutonium, uranium233 or high-enriched uranium; 

(ii) 1 effective kilogram of lowenriched 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 

§ 110.42(e); or 

(ii) Category 1 quantities of material to 

any country listed in § 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 § 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. 

23. In § 110.41, paragraphs (a)(2) and 

(a)(10) are revised to read as follows: 

§ 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 § 110.42(e). 

* * * * * 

24. In § 110.43, paragraphs (e) and (f) 

are removed and paragraph (d) is 

revised to read as follows: 

§ 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 the host 

State(s) and, if applicable, the low-level 

waste compact commission(s). 

25. Section 110.44 is revised to read 

as follows: 

§ 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 

available for inspection at the NRC 

library, 11545 Rockville Pike, Rockville, 

29628 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 

Maryland 20852–2738. 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. 

26. In § 110.45, paragraphs (a), (b) and 

(d) are revised to read as follows: 

§ 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 § 110.42, or their equivalent, 

are met; or 

(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 possess the waste for 

management and disposal as confirmed 

by NRC consultations with the host 

State and, if applicable, the low-level 

waste compact commission. 

* * * * * 

(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. 

* * * * * 

27. Section 110.50 is revised to read 

as follows: 

§ 110.50 Terms. 

(a) General and specific licenses. (1) 

Each license is subject to all applicable 

provisions of the Atomic Energy Act or 

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 enduse(s) stated in the specific export or 

import license issued by NRC. 

(3) Unless a license specifically 

authorizes the export of certain foreignobligated 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 Hoo.Hoc@nrc.gov 

(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 contact the 

NRC Operations Center, use the same email 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. 

Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 29629 

(3) Notifications may be electronic or 

in writing on business stationery, 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; 

(H) A copy of the foreign recipient’s 

authorization or confirmation of that 

authorization from the government of 

the importing country as required by 

§ 110.32(h) 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; 

(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 § 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. 

28. Section 110.51 is revised to read 

as follows: 

§ 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 

§§ 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 

§§ 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. 

29. In § 110.53, paragraphs (a) and 

(b)(1) are revised to read as follows: 

§ 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. 

* * * * * 

30. Section 110.60 is revised to read 

as follows: 

§ 110.60 Violations. 

(a) The Commission may obtain an 

injunction or other court order to 

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 of 1954. 

31. In § 110.66, paragraph (b) is 

revised to read as follows: 

§ 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. 

32. In § 110.67, paragraph (a) is 

revised to read as follows: 

§ 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 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. 

* * * * * 

33. Section 110.70 is revised to read 

as follows: 

§ 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 but not applications for 

minor amendments, to export the 

following: 

(1) A production or utilization 

facility. 

29630 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 

(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 but not applications for 

minor amendments, for an import of 

radioactive waste for which a specific 

license is required. 

34. Section 110.80 is revised to read 

as follows: 

§ 110.80 Basis for hearings. 

The procedures in this part will 

constitute the exclusive basis for 

hearings on export and import license 

applications. 

35. In § 110.81, paragraph (b) is 

revised to read as follows: 

§ 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. 

* * * * * 

36. In § 110.82, paragraph (c) is 

revised to read as follows: 

§ 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. 

37. In § 110.112, paragraph (b) is 

revised to read as follows: 

§ 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 to Part 110 [Amended] 

38. Appendix L to 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 17th day 

of June 2009. 

For the Nuclear Regulatory Commission. 

Annette Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. E9–14679 Filed 6–22–09; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0553; Directorate 

Identifier 2008–NM–199–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 747–100, 747–100B, 747–200B, 

747–200C, 747–200F, and 747SR Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Boeing Model 747–100, 747–100B, 747– 

200B, 747–200C, 747–200F, and 747SR 

series airplanes. This proposed AD 

would require a one-time general visual 

inspection for missing fasteners in 

certain stringer-to-stringer clip joints at 

the station (STA) 760 through STA 940 

frames, and related investigative and 

corrective actions if necessary. This 

proposed AD results from a report of 

broken and cracked frame shear ties, 

cracks on the frame doubler and frame 

web, and missing fasteners in the 

stringer (S)–10L stringer-to-stringer clip 

joint at the STA 820 frame. We are 

proposing this AD to detect and correct 

missing fasteners in the stringer-tostringer clip joints, which could result 

in shear tie and skin cracks and rapid 

in-flight decompression of the airplane. 

DATES: We must receive comments on 

this proposed AD by August 7, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, P.O. Box 3707, Seattle, 

Washington 98124–2207; telephone 

206–544–9990; fax 206–766–5682; 

e-mail DDCS@boeing.com; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221 or 425–227–1152. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: Ivan 

Li, Aerospace Engineer, Airframe 

Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 917–6437; 

fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0553; Directorate Identifier 

2008–NM–199–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy