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considering the location, size, and other Federal e-Rulemaking Portal: Go to Category 2 quantities of radioactive physical characteristics of the land, the http://www.regulations.gov and search materials listed in appendix P to 10 CFR extent to which the land contains for documents filed under Docket ID part 110 and the definition of wildlife and wildlife habitat, and the [NRC–2008–0567]. Address questions ‘‘radioactive waste’’ in 10 CFR part 110. purposes of CRP, but only in exchange about NRC dockets to Ms. Carol A discussion of the most significant for a payment reduction as determined Gallagher at 301–492–3668; e-mail changes follows. by CCC; [email protected]. A. Category 1 and 2 Quantities of (6) Spot grazing, if necessary for NRC’s Public Document Room (PDR): Radioactive Material Listed in Appendix control of weed infestation, and not to The public may examine and have P to 10 CFR Part 110 exceed a 30-day period according to an copied for a fee publicly available approved conservation plan, but only in documents at the NRC’s PDR, Room O1 The NRC reevaluated the need for a exchange for a payment reduction as F21, One White Flint North, 11555 specific license for the import of determined by CCC; Rockville Pike, Rockville, Maryland. Category 1 and 2 quantities of (7) Forestry maintenance such as NRC’s Agencywide Documents Access radioactive material to a U.S.-licensed pruning, thinning, and timber stand and Management System (ADAMS): user in light of enhancements made to improvement on lands converted to Publicly available documents created or the NRC’s domestic regulatory forestry use, but only in accordance received at the NRC are available framework. As a result, the NRC is with a conservation plan, and only in electronically at the NRC’s electronic amending 10 CFR part 110 to allow exchange for a payment reduction as Reading Room at http://www.nrc.gov/ imports of Category 1 and 2 quantities determined by CCC; and reading-rm/adams.html. From this page, of materials listed in Appendix P under (8) The sale of carbon, water quality, the public can gain entry into ADAMS, a general license. or other environmental credits, as which provides text and image files of After the attacks of September 11, determined appropriate by CCC. NRC’s public documents. If you do not 2001, the Commission determined that certain licensed material should be Signed at Washington, DC, on July 21, have access to ADAMS or if there are 2010. problems in accessing the documents subject to enhanced security requirements and safeguarded during Jonathan W. Coppess, located in ADAMS, contact the NRC’s PDR reference staff at 1–800–397–4209, transport, and that individuals with Executive Vice President, Commodity Credit unescorted access to risk-significant Corporation. 301–415–4737, or by e-mail to [email protected]. quantities of radioactive material should [FR Doc. 2010–18473 Filed 7–27–10; 8:45 am] be subject to background investigations. BILLING CODE 3410–05–P FOR FURTHER INFORMATION CONTACT: The results of vulnerability assessments Brooke G. Smith, Senior International performed by the NRC were used in the Policy Analyst, Office of International development of security enhancement NUCLEAR REGULATORY Programs, U.S. Nuclear Regulatory orders that were issued to licensees COMMISSION Commission, MS–O4E21, Washington, using a graded approach based on the DC 20555–0001; telephone: (301) 415– relative risk and quantity of material 10 CFR Part 110 2347; e-mail: [email protected], or possessed by the licensee. (70 FR 72128; [NRC–2008–0567] Jill Shepherd, Licensing Officer, Office December 1, 2005) These security orders of International Programs, U.S. Nuclear specifically address the security of RIN 3150–AI16 Regulatory Commission, MS–O4E21, byproduct material possessed in Washington, DC 20555–0001; telephone: Export and Import of Nuclear quantities greater than, or equal to, (301) 415–3635; email: Equipment and Material; Updates and Category 1 and 2 quantities. The orders [email protected]. Clarifications provide for enhanced security measures SUPPLEMENTARY INFORMATION: for such things as license verification AGENCY: Nuclear Regulatory before transfer, intrusion detection and Commission. I. Background II. Analysis of Public Comments on Proposed response, access control, and ACTION: Final rule. Rule coordination with local law III. Section-by-Section Analysis enforcement authorities. The orders also SUMMARY: The United States Nuclear contain requirements for the licensee to I. Background Regulatory Commission (NRC) is determine the trustworthiness and amending its regulations that govern the On June 23, 2009, the NRC published reliability of individuals permitted export and import of nuclear equipment a proposed rule that requested unescorted access to risk-significant and material. This rule allows comments on the proposed changes to radioactive materials. The International Atomic Energy Agency 10 CFR part 110, Export and Import of determination involves a background Code of Conduct on the Safety and Nuclear Equipment and Material (74 FR investigation of the individual. Security of Radioactive Sources 29614). This final rule updates, clarifies, With the passage of the Energy Policy Category 1 and 2 quantities of and corrects several provisions in 10 Act of 2005 giving the NRC new radioactive materials to be imported CFR part 110 to improve NRC’s fingerprinting authority, the under a general license. This rule also regulatory framework for the export and Commission determined that revises the definition of ‘‘radioactive import of nuclear equipment, material, individuals with access to Category 1 waste’’ and removes the definition of and radioactive waste. It also clarifies and 2 quantities of radioactive material ‘‘incidental radioactive material.’’ In and corrects the regulations addressing warrant fingerprinting and FBI criminal addition, this rule updates, clarifies, and the general license for the export of history records checks. corrects several provisions. byproduct material. In addition, changes By the end of 2007, the NRC had DATES: The rule is effective on August are made to the regulations governing issued orders to all NRC licensees that 27, 2010. the export and import of International possessed Category 1 or 2 quantities of ADDRESSES: You can access publicly Atomic Energy Agency (IAEA) Code of radioactive material (72 FR 70901; available documents related to this Conduct on the Safety and Security of December 13, 2007) to require document using the following methods: Radioactive Sources Category 1 and fingerprinting and FBI criminal history

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records checks for unescorted access to material under a general or specific NRC facility (or the equivalent) requires a Category 1 or 2 quantities of radioactive or Agreement State license. See specific export or import license. material. § 110.27(a). Moreover, importers of The final rule removes the definition For all these requirements, NRC Category 1 and 2 materials under a of ‘‘incidental radioactive material’’ from Agreement States have also imposed general license are still subject to the 10 CFR part 110. This rule does legally-binding measures on their notification requirements prior to incorporate aspects of IRM into the licensees possessing Category 1 and 2 shipment as required by § 110.50. The revised definition of radioactive waste quantities of radioactive material. advance notification of imports of and the exclusions from that definition. During the same time period, the NRC Category 1 and 2 quantities of material, The scope of the exclusion related to issued two sets of orders to licensees § 110.50 (c) is revised to require the contamination on service equipment transporting radioactive material in exporting facility name, location, (including service tools) used in nuclear quantities greater than, or equal to, address, contact name and telephone facilities (if the service equipment is Category 2. The additional security number as part of the pre-shipment being shipped for use in another nuclear measures contained in the orders notification. facility and not for waste management provide for enhanced security measures Additionally, § 110.50 (c) is revised to purposes or disposal) is expanded and during transportation that are beyond require advance notifications of imports broadened to include some of the the current regulations, including to be submitted seven days in advance material that previously fell under the enhanced security in preplanning and of shipment. This change will permit definition of IRM such as launderable coordinating shipments, advance NRC staff adequate time to verify the protective clothing. notification of shipments to the NRC information provided in the advance In response to comments, the and States through which the shipment notification. Commission clarified that the first will pass, control and monitoring of exclusion to the definition of shipments that are underway, B. Import and Export of Radioactive ‘‘radioactive waste’’ applies only to trustworthiness and reliability of Waste sources of U.S. origin. Disused sources personnel, information security This final rule revises the definition that originated in a country other than considerations, and control of mobile or of radioactive waste and incorporates the United States would be considered portable devices. aspects of the removed definition of ‘‘radioactive waste’’ under 10 CFR part The security requirements put in incidental radioactive material (IRM). 110. Exclusion two is revised to clarify place by the orders supplement the The revised definition of ‘‘radioactive that the broader meaning of ‘‘nuclear existing domestic regulatory waste’’ improves consistency with and facility’’ is intended and that the requirements. A rulemaking is currently eliminates some of the differences material must be shipped solely for underway that, if promulgated, would between the licensing requirements for recovery and beneficial reuse of the incorporate security requirements for export and import and the domestic non-radioactive material. In addition, an Category 1 and 2 quantities of licensing requirements for possession. illustrative list of activities that would radioactive material into the domestic The revised definition links the specific meet the standard set forth in exclusion regulations. (SECY–09–0181; December license requirement for the export and two is added to the Statement of 14, 2009 (ML0928201950)). import of radioactive waste to those Considerations. The Commission also Another significant enhancement materials (in the form of waste) that added a sixth exclusion to the definition pertinent to these materials is the require a specific license in accordance of ‘‘radioactive waste’’ to address the establishment of the National Source with NRC’s domestic regulations. This question of recycling activities that Tracking System (NSTS) that tracks eliminates the need for a specific license would not be considered as radioactive from ‘‘cradle to grave’’ transactions to export or import materials that, under waste, such as utilizing depleted involving Category 1 and 2 radioactive NRC’s regulations in 10 CFR chapter 1, uranium in shielding applications or sources (71 FR 65686; November 8, do not require a specific license to catalyst manufacturing. The six 2006). Licensees are responsible for possess them. exclusions are set forth below: recording the manufacture, shipment, These changes require a specific 1. Radioactive material in sealed arrival, and disposal of all licensed and export or import license for any material sources or devices containing sealed tracked Category 1 and 2 sources. For that, in accordance with the sources that are of U.S. origin and being every nationally tracked source that is requirements in 10 CFR chapter 1, returned to any manufacturer, imported, the facility obtaining the requires a specific NRC license to distributor or other entity which is source is required to report the possess it domestically, which is authorized to receive and possess them. information to the NSTS by the close of exported or imported for the purposes of This change allows the return of U.S. the next business day after receipt of the (1) disposal in a land disposal facility as origin sources or devices to distributors imported source. With the NSTS in defined in part 61, a disposal area as and other appropriately authorized place, there is much more information defined in appendix A to part 40, or an entities. A specific import license is about imported sources available to the equivalent facility; or (2) recycling, required for the importation of sources staff. waste treatment or other waste originating outside of the United States In light of the many security management process that generates for disposal in the United States. enhancements, the Commission had radioactive material for disposal in a Licensing and notification requirements decided to eliminate the specific license land disposal facility as defined in part for Category 1 and Category 2 quantities requirement in § 110.27(f) for imports of 61, a disposal area as defined in of material listed in Table 1 of radioactive material listed in Table 1 of Appendix A to part 40, or an equivalent Appendix P are applicable. Appendix P to 10 CFR part 110. facility. This change simplifies the 2. A contaminant on any non- Conforming changes have been made to regulatory framework by clearly stating radioactive material (including service §§ 110.32, 110.43, and 110.50. Imports that exporting or importing material for tools and protective clothing) used in a of radioactive material into the United recycling, waste treatment, or other nuclear facility (an NRC- or Agreement States under a general license continue waste management process that State-licensed facility (or equivalent to be contingent on the consignee being generates radioactive material for facility) or activity authorized to possess authorized to receive and possess the disposal in a 10 CFR part 40 or part 61 or use radioactive material), if the item

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is being shipped solely for recovery and 6. Materials imported solely for the Comment: One commenter suggested beneficial reuse of the non-radioactive purposes of recycling and not for waste that the definition of ‘‘radioactive waste’’ component in a nuclear facility and not management or disposal where there is should include other disposal methods for waste management purposes or a market for the recycled material and that are approved by the NRC and disposal. The scope of the exclusion is evidence of a contract or business Agreement States such as alternative expanded and broadened to include agreement can be produced upon disposals under 10 CFR 20.2002. some of the material that previously fell request by the NRC. This exclusion was Response: The intent of the proposed under the definition of IRM such as added to address concerns regarding the changes to the definition of ‘‘radioactive launderable protective clothing. Other legitimate recycling of radioactive waste’’ is to align the NRC’s export and examples of materials meeting this material that might otherwise be seen as import regulations with its domestic exclusion include: waste. For example, under certain regulations; therefore, if a specific (a) Importing contaminated metal for circumstances, this exclusion would license is required for a domestic the purpose of recovery of the non- permit the import under general license licensee to possess the material, then a radioactive metal for beneficial reuse as of depleted uranium for use in shielding specific license to export/import the shield blocks or other industrial/ applications or catalyst manufacturing. material would also be required. The construction purposes in licensed In response to comments, the NRC and Agreement State licensees may facilities domestically and abroad is an Commission revised §§ 110.43 and request approval for alternative disposal import not ‘‘solely’’ for waste 110.45 to clarify that the NRC consults, methods for wastes held under their management or disposal purposes. This as applicable, with the Agreement State domestic possession license in example is within the scope of in which the facility is located and low- accordance with 10 CFR 20.2002 or exclusion two even though the recycling level waste compact commission(s). equivalent Agreement State regulations. Waste could not be imported and process will produce some waste that II. Summary of Public Comments may require disposal at a part 61 directly disposed of under 10 CFR The Commission received 14 letters disposal site. This is similar to the 20.2002, as this type of authorization from the public commenting on the laundering of protective clothing, which can only be granted to persons regulated proposed rule. The commenters also may have a waste stream to a 10 by the NRC or the Agreement States. No represent a variety of interests. CFR part 61 facility. change was made to the proposed Comments were received from definition of ‘‘radioactive waste’’ as a (b) Decontamination and repair of individuals, licensees, Federal and State contaminated equipment such as result of this comment. agencies, and citizen, environmental, Comment: One commenter suggested pumps, valves, and motors that after and industry groups. The comments revising the proposed definition of recovery would be beneficially reused addressed a wide range of issues ‘‘radioactive waste’’ to clarify that it does in a licensed facility. concerning the proposed changes to 10 not include spent fuel. The respondent (c) Decontaminating shipping CFR part 110. Many of those responding noted that it is not clear from the containers used to import radioactive to the proposed rule commented on definition what the term ‘‘equivalent material for the purpose of reusing the multiple sections; therefore, several facility’’ includes and therefore the shipping containers. comments have been separated by definition could be construed to include (d) Importing contaminated section and addressed. Likewise, similar a facility for the disposal or storage of magnesium metal and using the comments have been consolidated. The spent fuel or material that results from recovered magnesium as a neutralizing following is a summary of all significant recycling, treatment or processing of agent for disposing of mixed waste in a comments, along with the NRC’s spent fuel. This commenter also stated licensed disposal facility. responses. that the term ‘‘material imported for 3. Materials exempted from regulation recycling * * *’’ could be read to A. Section 110.2—Definitions by the NRC or equivalent Agreement include spent fuel. Another commenter State regulations. This exclusion is Comment: One commenter stated that also noted that the term ‘‘recycling’’ consistent with the previously the proposed definition for ‘‘bulk could be confused with the reprocessing mentioned revision that links the material’’ in § 110.2 is confusing. The of nuclear fuel. requirement for a specific import or commenter seeks clarification on Response: The change to the export license for radioactive waste to whether the definition is intended to definition of ‘‘radioactive waste’’ in 10 the specific licensing requirements in 10 cover ‘‘raw’’ material (material produced CFR part 110 refers exclusively to low CFR chapter 1 (e.g., 10 CFR parts 30, 40, in reactors) that is then incorporated level radioactive waste (LLW). Spent or and 70). This change eliminates some of into sealed sources. The commenter also irradiated fuel is not considered to be the differences between NRC’s export states that the proposed definition LLW; therefore, the definition of and import regulations and domestic seems to imply that Category 3, 4 and ‘‘radioactive waste’’ in 10 CFR part 110 regulation of the same material or 5 sources would be considered bulk does not include spent or irradiated equipment. material. The commenter asked how it fuel. A sentence has been added to the 4. Materials generated or used in a is known when the quantity is deemed proposed definition of ‘‘radioactive U.S. Government waste research and to pose a risk similar to or greater than waste’’ to clarify in this final rule that development testing program under a Category 2 source. it does not include spent or irradiated international arrangements. Response: The definition of bulk fuel. 5. Materials being returned by or for material includes both ‘‘raw’’ material Comment: One commenter expressed the U.S. Government or military to a produced for encapsulation in sealed concern about implementation of the facility that is authorized to possess the sources, as well as, Category 3, 4, and revised definition of ‘‘radioactive waste’’ material. This exclusion recognizes that 5 sealed sources that, in aggregate, are and the correlation between the need for the U.S. Government or military will, in equal to or exceed Category 2 activity a specific export or import license and certain circumstances, seek to return thresholds. The NRC believes that no the need for a specific domestic license material to the United States. Material changes are necessary to the proposed for the same material. This commenter returned must be to a facility that is definition for ‘‘bulk material’’ and it is asked if the NRC will make its authorized to possess the material. unchanged in this final rule. determination based on whether the

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conditions in the domestic specific Comment: One commenter noted that part of the definition seems to conflict license held by the potential exporter or the United States does not currently with ‘‘recovery and beneficial use’’ in the importer allow possession of the foreign have an approved radioactive waste exclusion. In the commenter’s view, material. The commenter also asked if repository and questions how accepting recycling means the recovery and the NRC will judge the need for an imports of radioactive waste is beneficial re-use of the recovered export or import license only against consistent with the NRC’s mission to material. The commenter stated that it NRC-issued specific licenses or against protect human and environmental appears the intent of the proposed Agreement State-issued licenses as well. health. The commenter further stated definition is to clarify that, in general, The commenter noted that the NRC and that if Yucca Mountain were opened in while radioactive material imported for Agreement States have flexibility in the near future, the current stockpiles of the purpose of processing and disposal writing license conditions and radioactive waste in the United States is waste, radioactive material imported consequently, there may be a lack of would fill the repository. This for the purpose of beneficial re-use is national uniformity in the kinds of commenter suggested a moratorium on not waste as long as the re-used non- radioactive materials a domestic specific imports of radioactive waste until an radioactive material is used in a nuclear licensee may possess. approved repository is opened. facility. The commenter offered two Response: An NRC import license Response: The definition of suggestions to clarify this apparent only allows material to be brought into ‘‘radioactive waste’’ in 10 CFR part 110 conflict. First, the commenter suggested the United States. Once the material is refers exclusively to low-level that we insert the word ‘‘recycling’’ prior in the United States, the material is radioactive waste. There are currently to ‘‘for recovery and beneficial use’’ in subject to the domestic authorization several low-level waste disposal the text of the exclusion. Second, the process and operates no differently than facilities in the United States. High-level commenter suggested that we include a if the material were of domestic origin. waste is not addressed in this final rule. clarifying statement in the Statement of The import license is not a mechanism Therefore, no change was made to the Considerations for the final rule that to alter the established domestic proposed definition of ‘‘radioactive says the intent of the exclusion is to authorization process, including waste’’ as a result of this comment. provide an exception to the general rule Agreement State regulations. The NRC Comment: One commenter suggested that would permit recycling under the will not issue an import license for that the term ‘‘recycling’’ in the proposed general license where the recycling radioactive waste unless the U.S. definition of ‘‘radioactive waste’’ be provides for beneficial re-use of the non- importer is authorized to possess the removed or defined further to clarify radioactive material in an environment material under the applicable domestic that recycling under the general license licensed by the NRC or an Agreement regulation, whether that regulation is an is authorized when the recycling State. Agreement State’s or NRC’s. No change provides for a beneficial re-use of the Response: In order to address the was made to the proposed definition of material. Another commenter noted that numerous concerns regarding the ‘‘radioactive waste’’ as a result of this the proposed definition of ‘‘radioactive legitimate recycling of radioactive comment. waste’’ is ambiguous with regard to the material that might otherwise be seen as Comment: One commenter noted that import of radioactive materials imported waste, the NRC has decided to add a the NRC’s ‘‘changes to 10 CFR part 110 and used as ‘‘raw’’ materials directly by sixth exclusion to the proposed will facilitate the licensing process for manufacturing facilities as opposed to definition of ‘‘radioactive waste’’ to exports and imports of radioactive waste waste processing facilities. The clarify that the definition does not ***’’ This commenter suggested that commenter stated that the proposed include material imported solely for the the NRC complete an Environmental definition includes ‘‘radioactive purposes of recycling and not for waste Impact Statement (EIS) to address the material’’ that requires a specific license management or disposal where there is increased import of radioactive waste for possession and is intended for a market for the recycled material and from foreign countries and their disposal, recycling, waste treatment or evidence of a contract or business shipment within the United States. some other waste management process. agreement can be produced upon Further, this commenter would like the As asserted by the commenter, the request by the NRC. An example of such EIS to address cumulative impacts from ambiguity is that as raw material, waste material would be depleted uranium for shipments of all radioactive wastes from treatment or waste management would use in shielding applications or catalyst existing and new nuclear facilities, not apply to such non-waste; however, manufacturing. An example of including shipments resulting from ‘‘recycling’’ without further clarification ‘‘recycling’’ that would be considered license extensions at existing facilities seems to inadvertently include non- ‘‘radioactive waste’’ is the use of and the increased shipment of waste, ‘‘raw’’ materials. The commenter combustible material (such as wood or radioactive wastes expected as a result suggested that the term ‘‘recycling’’ be oil) as an energy source at an NRC- or of proposed changes to 10 CFR part 110. modified to a more restrictive phrase Agreement State-licensed facility. Response: Under 10 CFR 51.22(c)(1), such as ‘‘waste component recycling’’ An import for the purpose of amendments to 10 CFR part 110 are which would clearly not apply to ‘‘raw’’ recycling is similar to the importation of categorically excluded from materials. As another possibility, the useable radioactive materials and environmental review based on a commenter suggested restricting the products, which occurs routinely. With Commission finding by rule that this definition of radioactive waste to those respect to recycling of materials, as with category of action does not individually imports that are consigned to licensed products that contain radioactivity, or cumulatively have a significant effect waste treatment and disposal facilities, recycled materials have a beneficial use on the human environment. In any so that imports of radioactive material yet waste may be generated as they are event, the NRC does not anticipate an going to licensed manufacturing recycled. In the United States, these increase in imports or shipping of facilities would not be included. wastes would be managed safely in radioactive waste as a result of this Another commenter addressed the accordance with domestic licensing revision. Therefore, no change was concept of recycling in the context of requirements. made to the proposed definition of exclusion two to the proposed The Commission is aware that there ‘‘radioactive waste’’ as a result of this definition of ‘‘radioactive waste,’’ stating could be instances in which a person comment. that the term ‘‘recycling’’ in the main intends to import what is in fact

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radioactive waste, but which is argued The application for a specific license radioactive material in a nuclear to be for recycling purposes (i.e., sham constitutes a form of public disclosure facility.’’ Another commenter asserted recycling). Any person who imports and the public should be aware of that some of the exclusions under the materials under a general license for radioactive materials, such as proposed definition of ‘‘radioactive recycling, but with the purpose of radioactive metals, that may be reused. waste’’ should be more restrictive. disposing of them in the United States, This commenter asserted that reused Specifically with regard to the second would be subject to NRC enforcement radioactive metal could contaminate the exclusion, the commenter stated that the action. In addition, there may be general supply of reused scrap metal if disposable radioactive portion of the instances in which some small value it eventually makes its way back to imported material should be recognized may be obtained from the materials that unrestricted use. Consequently, the as ‘‘radioactive waste’’ at the time of are imported, but the primary intention public should be notified and provided import; otherwise, that disposable is for disposal. In such cases, to avoid the opportunity to comment on a radioactive portion could simply appear possible enforcement action, the staff specific license for the import of to be domestic waste resulting from recommends that the Commission be radioactive materials proposed for domestic processing. consulted before any such imports are reuse. Response: In the definition of made. This final rule includes the six Response: The intent of this change is ‘‘radioactive waste’’ in this final rule, the exclusions under the definition for to address the re-use and recovery of word ‘‘solely’’ has been moved from its ‘‘radioactive waste.’’ these materials for use in an NRC- or proposed location in front of ‘‘for waste The Commission does not accept the Agreement State-licensed facility. Once management’’ to between ‘‘shipped’’ and second commenter’s suggestion to add imported to an NRC- or Agreement ‘‘for recovery’’ in order to clarify the the word ‘‘recycling’’ to exclusion two State-licensed facility the material and intent of the exclusion. Once items have because the use of the word ‘‘recycling’’ any waste generated as a result of the re- been imported to an NRC- or Agreement could potentially open exclusion two to use or recovery process is subject to State-licensed facility for beneficial other general forms of recycling, which NRC or Agreement State domestic recovery and/or re-use these items would not meet the intent of the licensing requirements. Therefore, no would then be subject to the NRC’s or exclusion. The intent of exclusion two change was made to the definition of Agreement State’s domestic licensing is exclusively for the importation of ‘‘radioactive waste’’ as a result of this requirements. Circumvention of the materials being recovered and reused in comment. specific licensing requirements for an NRC- or Agreement State-licensed Comment: Several commenters radioactive waste is subject to NRC or facility. asserted that the second exclusion to the Agreement State enforcement action. Comment: Several commenters proposed definition of ‘‘radioactive Comment: One commenter noted that addressed the proposed changes to waste’’ could be abused if only a small ‘‘launderable protective clothing’’ and exclusion one to the definition of fraction of the import is for recovery or ‘‘service tools’’ are the examples ‘‘radioactive waste’’ regarding sealed beneficial use of the non-contaminated provided in the second exclusion to the sources and devices. Two commenters material. Two commenters addressed definition of ‘‘radioactive waste.’’ This expressed support for the proposed the proposed language ‘‘not solely for commenter suggested that the Statement changes and stated that they will allow waste management purposes or of Considerations for the final rule for sources to be transferred and disposal’’ at the end of the exclusion. expand on the discussion of examples transported easily to an entity that may One commenter stated that this phrase in order to avoid confusion related to be able to recertify the source or recycle should be further clarified, changed or the use of the term ‘‘incidental the source for beneficial use rather than replaced to indicate that the portion of radioactive material.’’ The commenter disposal. Another commenter suggested the import destined for disposal must, at also asserted that an expanded that the purpose of the exclusion should all times, be considered radioactive discussion of examples would help be clarified to indicate that it does not waste. Another commenter thought the define what satisfies the standard of cover importing sources originating in closing phrase unnecessary because, if ‘‘primarily for recovery.’’ The other countries for disposal in the the import is for recovery and reuse of commenter recommended including, at United States. the non-radioactive material, then the a minimum, the following examples: Response: Exclusion one to the import would never be ‘‘solely’’ for (a) Importing contaminated metal for proposed definition of ‘‘radioactive waste management purposes or the purpose of recovery of the non- waste’’ has been revised in this final rule disposal. This commenter speculated radioactive metal for beneficial re-use as to clarify that this exclusion only that the intent of the language is to shield blocks or other industrial/ applies to sources of U.S. origin. ensure good faith intent for recovery construction purposes in licensed Disused sources that originated in a and reuse of the material. This facilities domestically and abroad is an country other than the United States commenter recommended that this import not ‘‘solely’’ for waste would be considered ‘‘radioactive concern be addressed by stating that the management or disposal purposes. The waste’’ under 10 CFR part 110. purpose is ‘‘primarily’’ for recovery and commenter noted that this example fits Therefore, in the case of an import, a re-use since all recovery efforts will the language in the proposed rule even specific license is required for the likely have some waste processing or though the recycling process will importation of sources (in the form of disposal aspects. The term ‘‘primarily’’ is produce some waste that will need to be waste or disused sources) originating proposed to make it clear that the sent to a 10 CFR part 61 disposal site. outside of the United States for disposal recovery operation produces a product This is similar to the laundering of in the United States. Licensing and that is in fact useful and that the protective clothing, which also has a notification requirements for Category 1 recovery operation is in good faith and waste stream to a 10 CFR part 61 and 2 quantities of materials listed in not a pretense for waste management. facility. Table 1 of appendix P to 10 CFR part The commenter recommended (b) Decontamination and repair of 110 are applicable. rewording the exclusion to read ‘‘*** contaminated equipment such as Comment: One commenter stated that if the material is being shipped pumps, valves, and motors that after importation of material destined for re- primarily for recycling, i.e., recovery recovery would be beneficially reused use should require a specific license. and beneficial use of the non- in a licensed facility.

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(c) Incinerating contaminated wood or recovery activities under exclusion two material produced through the use of oil to generate steam in a licensed to the definition of ‘‘radioactive waste’’ U.S.-obligated material are subject to the facility for process heat or electricity. publicly available. No changes to the requirements of this section. (d) Decontaminating shipping proposed definition of ‘‘radioactive Response: Byproduct material is not containers used to import radioactive waste’’ were made as a result of these covered by the requirements of § 110.6 material for the purpose of reusing the comments. because there is no retransfer restriction shipping containers. Comment: One commenter asserted on byproduct material in the Atomic (e) Importing contaminated that the term ‘‘nuclear facility’’ is Energy Act. Retransfers of special magnesium metal and using the unclear. The commenter asked whether nuclear material produced through the recovered magnesium as a neutralizing the term is being used as in the Atomic use of U.S.-obligated material are agent for disposing of mixed waste in a Energy Act to mean a ‘‘production’’ or subject to the requirements of this licensed disposal facility. ‘‘utilization’’ facility, or is it intended to section. In addition to the examples provided have a broader meaning to include any above, the commenter recommended plant or activity which is licensed for C. 110.26—General License for the that the NRC include any other use or possession of radioactive Export of Nuclear Reactor Components examples that it has found acceptable in material? The commenter recommended Comment: One commenter questioned the past. that the term ‘‘nuclear facility’’ be the proposed revision to § 110.26(a) to Another commenter also requested defined as ‘‘a plant or activity licensed cover ‘‘components solely of U.S. origin’’ the NRC provide such a list and went on by either the Commission or an for three reasons: to suggest amending § 110.27 to add a Agreement State for possession or use of (1) U.S. origin has many meanings in the paragraph (g) that reads: radioactive material.’’ United States today, but given the wording Persons importing material primarily for Response: The NRC has revised ‘‘solely of U.S. origin’’ or ‘‘of U.S. origin,’’ it recovery and beneficial use under a general exclusion two to the proposed is rather difficult to purchase anything which license on the basis that the import meets definition of ‘‘radioactive waste’’ to is only of U.S. origin. The commenter [exclusion] 2 of the definition of ‘‘radioactive clarify that the broader meaning of requested further definition. waste’’ must submit Form 7 to the NRC seven facility is intended in this final rule. (2) While the commenter agreed with the days prior to the import. The submitted form Comment: Two commenters authorization contained in proposed need only address the provisions of addressed exclusion five to the § 110.26(a)(2), the commenter stated that the paragraphs (a)–(f) of 10 CFR 110.32. The definition of ‘‘radioactive waste’’ proposed wording conveys the authority to re-export nuclear components from such Form 7 shall be submitted to the Deputy regarding the U.S. government or Director, Office of International Programs. generally authorized countries as listed in military. One commenter stated that the § 110.26(b) to each other. However, this is an The commenter stated that this purpose and intent of this new authorization that U.S. companies would not proposed provision would be solely a exclusion is not clear, and that the be able to utilize if the component is required notice provision. It would not establish circumstance, or combination of to be solely of U.S. origin. an obligation for the importer to await circumstances, under which the U.S. (3) Many nuclear components or parts are any NRC action following submittal of government or military would need to imported into the U.S. for ultimate end use the form to the NRC. return material to an authorized U.S. as either a standalone nuclear component or Response: The first commenter’s facility could be interpreted very for use in a larger nuclear component for examples (a), (b), and (d) would meet future sale in either the U.S. or non-U.S. broadly. Another commenter suggested markets. the standard for ‘‘primarily for recovery’’ that U.S. government waste research provided there is a market for the and development testing programs The commenter noted that many U.S. recovered product to be reused in an under international arrangements companies have international markets NRC or Agreement State licensed should be specifically identified, along as well as foreign-based manufacturing facility and evidence of a contract or with appropriate caps on the total facilities or joint ventures. Such global business agreement can be produced amounts of relevant wastes to be companies will import nuclear spare upon request by the NRC. The imported and exported each year. parts or components for utilization in commenter’s example (e) would also Response: This is not a new addition larger U.S.-built nuclear components for meet the standard but it must be to 10 CFR part 110. Current regulations sale both within the United States as primarily for recovery and reuse of at § 110.27, General license for imports, well as outside of the United States. The magnesium. Example (c) does not meet only allow the return of material under commenter stated that these U.S. the standard for ‘‘primarily for recovery’’ a general license if the material was imports and subsequent exports create because it is an example of a waste going to a military or government and maintain U.S. jobs and should not process with a small amount of energy facility. In the proposed rule, this be delayed or subjected to a new NRC produced as a byproduct. The NRC does concept was moved from § 110.27 to component license application process not consider waste processes to be § 110.2 as an exclusion to the definition and associated application fees. The ‘‘primarily for recovery.’’ of ‘‘radioactive waste’’ and expanded to commenter said that to do so would In response to the second include an allowance for the U.S. remove a vital part of the purpose of commenter’s request for the provision of military to bring radioactive waste items § 110.26, which is to enable U.S. information on NRC Form 7, the NRC back to a licensed facility in the United companies to export nuclear does not feel that placing an additional States. The proposed provision is components quickly to a select list of regulatory compliance burden on the unchanged in this final rule. generally authorized countries that do public is warranted at this time. The not require an NRC validated export NRC believes that any questions the B. Section 110.6—Retransfers license. These component exports are public may have regarding compliance Comment: One commenter sought subject to NRC reporting requirements, with exclusion two to the definition of clarification on why the retransfer of but they enable the U.S. nuclear ‘‘radioactive waste’’ would best be byproduct material is not included in industry to sell our components in a addressed individually on a case-by- the requirements of § 110.6. The very efficient manner to pre-approved case basis. In accordance with 10 CFR commenter also sought clarification on countries. According to the commenter, 2.390, the NRC will make examples of whether retransfers of special nuclear the proposed change would penalize the

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U.S. nuclear industry in the world of source, special nuclear, or byproduct is exempt from requiring a license marketplace and cause a giant step material including imports conducted domestically (e.g., 10 CFR 40.13(a) is backwards in the U.S. nuclear industry’s on DOE’s behalf by DOE contractors. only one example of an exemption), ability to freely sell these nuclear The removal of § 110.27(a)(1) clarifies then that same material would be components or parts to pre-approved that DOE is not subject to NRC import exempt from requiring a general import countries that are not subjected licensing requirements. The Atomic license as well. Therefore, an additional themselves subjected to similar Energy Act citations in the Statement of provision to provide authorization to restrictions. Considerations for the proposed rule import under a general license is Response: The NRC believes the apply to exports, not imports. The redundant and unnecessary. As commenter makes a valid point sections of the Atomic Energy Act that proposed, § 110.27(a)(1) and (a)(2) are regarding limiting the general license apply to imports of special nuclear, removed in this final rule. under § 110.26 to ‘‘components solely of source or byproduct material are Comment: Two commenters generally U.S. origin.’’ With the increasing sections 53, 62, and 81. Section addressed the proposal to allow imports globalization of the nuclear industry, 110.27(b) has been rewritten in this final of Category 2 quantities of materials U.S. nuclear companies are outsourcing rule in response to the request for under a general license. Specifically, more and more items, including parts clarification. they noted that imports conducted and components for reactor equipment Comment: One commenter noted that under the authority of a general license and fuel assemblies. However, since the the clear intent of the proposed rule, as are not subject to the same public U.S. industry has been able to accept the expressed in the Statement of notification and comment requirements current language of § 110.26 which Considerations to the proposed rule, is as imports conducted under specific allows use of the general license for to grant a general license for the import licenses. One respondent stated that the ‘‘U.S. origin’’ component exports to a of materials that are exempt from general license could be used for select list of countries, even when the domestic licensing (e.g., material unlimited imports without public ‘‘U.S. origin’’ component includes non- exempted by 10 CFR 40.13(a)) by the knowledge. U.S. content, the proposed language is NRC. Section 110.27(a) of the proposed Response: While it is correct that retained in this final rule. Further, the rule would grant a general license for imports under a general license are not NRC added clarifying language to the import of byproduct, source, and subject to the same public notification § 110.26 stating that ‘‘U.S. origin’’ special nuclear material if the U.S. requirements as a specific license, the includes components produced or consignee were authorized to possess NRC is aware of and continues to finished in the United States, even with such material under a general or specific regulate such imports. In accordance non-U.S. content unless the foreign license from the NRC or an Agreement with § 110.50, pre-shipment notification content is obligated by supplier State. The commenter asserted that is still required by the importer. government conditions, such as a prior while the new definition of ‘‘radioactive Additionally, domestic licensees must consent for retransfer condition. waste’’ in the proposed rule would report receipt of Category 1 and 2 exclude ‘‘exempt’’ material such as 10 radioactive sources to the NSTS. D. 110.27—General License for Imports CFR 40.13(a) material, the controlling Imports of radioactive material into the Comment: Two commenters provision for the import of material United States are contingent on the addressed the proposed amendment to under proposed § 110.27(a) seems to be consignee being authorized to receive § 110.27 that would remove the the possession of an existing general or and possess the material under a general paragraph that addresses activities specific license. The commenter stated or specific NRC or Agreement State conducted under a contract with the that under the framework for the license. Department of Energy (DOE). The domestic licensing of byproduct, source, E. 110.43—Import Licensing Criteria commenters suggested revising the or special nuclear material, general Section-by-Section Analysis for § 110.27 licenses are not synonymous with Comment: One commenter to state that the NRC’s import ‘‘exemptions’’ for material: No license is recommended that the NRC require regulations do not apply to the DOE required for the possession of exempt more specificity in the application for a imports of source, special nuclear or material. The commenter stated that specific license to import radioactive byproduct material, including imports § 110.27(a)(2) of the current regulations waste and that foreign waste retain its conducted on DOE’s behalf by DOE does grant a general license for the ‘‘country of origin’’ attribution from contractors. The commenters also state import of ‘‘exempt’’ material; however, import through disposal. With regard to that the Statement of Considerations for this section would be deleted under the the specificity in an application, this the proposed rule cites sections 54, 64, proposed rule, and the commenter commenter is primarily concerned with 82, and 91 of the Atomic Energy Act suggested that original language be the concept of waste characterization which govern exports, not imports, and retained. versus waste classification prior to its are not applicable in this context. Response: The NRC’s revisions to the import. Specifically, the commenter For purposes of clarification, one definition of ‘‘radioactive waste’’ in 10 noted that under the proposed rule, the commenter, suggested that in CFR part 110 are designed, in part, to NRC would only require an applicant to § 110.27(b), the words ‘‘source or special align export/import licensing criteria classify the radioactive waste in nuclear’’ should be inserted before with domestic regulations that are accordance with 10 CFR 61.55 when the ‘‘material’’ so that the sentence reads as implemented by the NRC and the waste is being imported for direct follows: Agreement States. If a specific license is disposal. The commenter stated that this The general license in paragraph (a) of this required domestically, a specific import provision is too narrowly written and section does not authorize the import of or export license would also be most waste would escape classification. source or special nuclear material in the form required. The changes to the definition The commenter asserted that if the of irradiated fuel if the total weight of the of ‘‘radioactive waste’’ and the deletion imported waste was first processed or [source or special nuclear] material exceeds of § 110.27(a)(2) are consistent with the managed and then disposed of, under 100 kilograms per shipment. intended alignment in that if the the proposed rule, the waste would not Response: The NRC’s import material (meaning any exempt material, be classified prior to import. This regulations do not apply to DOE imports not just material in the form of waste) commenter also stated that by allowing

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the importer to characterize the waste against an inadvertent intruder into a required, since waste classification is rather than classify it prior to import, waste disposal site 100 years or more designed to ensure safety of waste to be the NRC may allow the import of after the site is closed. For higher disposed of, and is not related to safety radioactive waste that cannot be concentrations of waste (and higher of the waste at intermediate points in its disposed of in this country. Further, the waste classes), additional measures are processing. host state or compact would have required at the disposal site to ensure In response to the concerns raised by insufficient information to make an that the intruder is protected even from the second commenter regarding clearly informed decision about the wastes that pose a greater hazard. Thus, identifying an imported waste’s appropriateness of the waste for the classification of waste at disposition pathway, the NRC will disposal at facilities under its intermediate points in its processing is consult with the Agreement State and, jurisdiction. Another commenter stated not relevant to the purpose of waste if applicable, the low-level waste that in the past, there have been classification. compact commission to ensure that an situations where all the disposition The final rule does not require appropriate facility is authorized to pathways for waste resulting from the classification of waste being imported to accept waste for management or processing of imported radioactive a waste processor because such disposal. wastes were not clearly identified in the classification would have no safety With respect to the commenter’s original import license application. The relevance at that time. The licensed recommendation that import license commenter recommended that the NRC waste processor, after processing the applications include a list of all require license applications for the waste, must classify the waste which facilities projected to receive imported import of radioactive waste to include a would ensure that the disposal site waste, under domestic regulations a list of all facilities that are projected to facility requirements are met. This waste processor receiving foreign waste receive wastes for disposal that result approach is consistent with domestic could only transfer processed waste to from imported wastes. This should requirements. It should be noted that authorized recipients. Thus, there include licensed low-level waste the NRC Chairman, on October 8, 2009, would be no safety or security concerns, disposal facilities as well as landfills requested a vote paper from the NRC once waste was received by an that are licensed to accept materials staff addressing blending of low-level authorized waste processor. such as those surveyed for bulk release radioactive waste. While blending is not It is possible that other waste (exempt wastes). The commenter stated related to the import of waste, the issue management or disposal facilities that this would ensure that parties of when waste is to be classified will be receiving waste from a processor could responsible for evaluating the addressed in the paper. Current be subject to laws or regulations application have the information regulations require that waste be applicable to foreign wastes; however, necessary to conduct a thorough review. classified when shipped for disposal. If, assurances that foreign waste could be Response: As discussed above in as a result of this current review, accepted at these facilities would be Section I.B of this document, the NRC’s changes are made in classification needed. Such assurance could come revisions to the definition of requirements or practices, the staff will from consultations with the States and ‘‘radioactive waste’’ in 10 CFR part 110 implement review procedures for waste compacts. In cases where foreign waste are designed, in part, to align export and import applications consistent with new is attributed to the foreign low-level import licensing criteria with domestic domestic practices or requirements. waste generator, the NRC will consult regulations that are implemented by the While it is agreed that it is with other affected States and compacts NRC and the Agreement States. undesirable to import waste that cannot that receive processed waste. Section Therefore, if a specific license is be disposed of in the United States, the 110.32(f)(6) places an obligation on the required to possess the material NRC will ensure, in its review of license foreign waste import applicant to domestically, a specific license would applications, that when there is identify where the waste, not attributed be required to import or export that uncertainty regarding the final waste to the processor (i.e. foreign waste that waste material. In accordance with classification of waste to be disposed of, remains attributed to the foreign low- domestic regulations, the NRC, when that an export license application has level waste generator), will be disposed processing applications for the import of been applied for to ensure that no waste of within the United States. Again, in radioactive waste, would follow the is left in the United States without a accordance with domestic regulations, waste attribution approaches used in the disposal option. This ensures that any the NRC will follow the waste United States, which are, in almost all waste without a domestic disposal attribution approaches developed by the cases, developed by the Agreement option will not be orphaned in the Agreement States and compacts in its States and compacts. United States, but will be returned to processing of applications to import Under domestic licensing the country of origin. foreign waste. There, the applicable requirements, waste disposed of at a 10 With respect to Agreement States and provisions of the proposed rule are CFR part 61 or equivalent Agreement compacts making informed decisions, unchanged in this final rule. State-licensed facility must be classified the NRC will ensure in its consultations Comment: Several commenters in accordance with 10 CFR 61.55. Under with States and compacts, as applicable, expressed support for the proposed the shipping manifest requirements in that the waste to be processed and revisions to §§ 110.43 and 110.45, that Appendix G to 10 CFR part 20, waste disposed of meets the classification provided clarification that the NRC must be classified when it is being requirements of the disposal facility and consults (with respect to the import of shipped for disposal. It is not required the license conditions of any radioactive waste) with the host State(s), to be classified before shipment for intermediate facilities, such as a waste and, if applicable, the appropriate low- disposal, i.e., waste being sent to a processor. The final rule notes that level waste compact commission(s) to processor need not be classified, but license applicants would need to confirm that an appropriate facility has waste being shipped directly for characterize the waste before import to agreed to accept and is authorized to disposal must be classified in ensure that it meets the license possess the waste for management or accordance with 10 CFR 61.55. The requirements for a domestic processor. disposal. However, one commenter waste classification requirements are However, consistent with domestic suggested that the NRC should codify designed to provide for protection regulations, classification is not the requirement to obtain the consent of

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any host State that is the proposed physical security standards, policy, and § 110.50 is being included in this final destination for imported radioactive guidance, both domestic and rule as proposed because the current waste before approving an import international. policy of ‘‘no less than 24 hours in application by adding a new paragraph Response: The NRC is aware of the advance’’ is insufficient for NRC staff to (g) to § 110.43. current review by the IAEA and the verify pre-shipment information and Another commenter sought international community and will make coordinate with other applicable clarification regarding what the NRC any necessary changes to this section government agencies, such as an intends to do if there is an impasse once that document is finalized. Agreement State and/or the U.S. between the NRC and a host State or Therefore, INFCIRC/225/Rev. 4 Customs and Border Protection. compact concerning whether an (corrected), June 1999, ‘‘The Physical Insufficient time to complete these appropriate facility is authorized to Protection of Nuclear Materials and activities could result in a delay of the accept foreign radioactive waste for Nuclear Facilities’’ continues to be import entering the United States. The disposal. incorporated by reference in § 110.44(a) NRC suggests that licensees work with A third commenter suggested that the of this final rule. their clients to better inform them of NRC should distinguish between G. 110.50—Terms their obligations to comply with United Agreement States that should be States’ regulations so that the client can consulted to determine if the site is Comment: Currently, notifications for provide the requisite information to licensed for disposal and host States imports are required to be submitted at ensure the U.S. licensee is not out of under the compact system that are least seven days in advance of each compliance. In the event the shipment consulted to determine if the disposal is shipment, to the extent practical, but in date is changed after the NRC has been allowed under compact rules. Citing no case less than 24 hours in advance notified, the NRC will not require a EnergySolutions, LLC v. NW Interstate of each shipment. Several commenters revised notification submission if the addressed the proposed amendment to Compact on Low-Level Radioactive shipment will take place within 14 days § 110.50(c) that would require advance Waste Mgmt., No. 2:08–CV, D. Utah, of the initial shipment date provided to notification for imports to be submitted June 17, 2009, this commenter stated the NRC. If the shipment date will be seven days in advance of shipment. that for a non-compact site such as the delayed for a longer period of time, a Specifically, one commenter stated that EnergySolutions Clive site, the concepts new notification should be provided to a seven-day advance notification of host States and compacts do not the NRC. apply. For a non-compact site, requirement would cause many consultation with the State in which the importers of Category 2 sources to be III. Section-by-Section Analysis of the site is located should only address the out of compliance with the proposed Final Rule regulation. This commenter noted that authorization for disposal under the Subpart A—General Provisions State’s Agreement State authority. This there are many instances where his commenter recommended that customers do not tell him when a source Section 110.1, Purpose and scope. §§ 110.32(f)(6), 110.43(d), and is being returned. This final rule removes paragraph (b)(1) 110.45(b)(4) should be changed to Another commenter stated that it is and the remainder of paragraph (b) is address these distinctions. unclear why the NRC now needs seven- renumbered accordingly. Paragraph (b) Response: The NRC revised §§ 110.43 days advance notice. The commenter is clarified regarding the regulation of and 110.45 in this final rule to further stated that the only explanation is to U.S. Munitions List nuclear items. clarify those contacted and the intent of allow NRC adequate time to verify Section 110.2, Definitions. This final the proposed change. In response to the information. The commenter questioned rule revises the definitions for commenter’s question regarding the the verification information if the Agreement for Cooperation, Atomic NRC’s actions in an impasse, the NRC importer is an established licensee and Energy Act, Classified Information, believes that such an impasse is routinely receives returned sources. Conversion facility, Depleted uranium, unlikely because the appropriateness This commenter also noted that the Effective kilograms of special nuclear and authorization of a facility will be NSTS would account for imported material, Embargoed, Executive Branch, determined by the regulatory authority sources once received under an NRC or General license, Heels, Medical isotope, (i.e. the NRC or Agreement State) and Agreement State license. The Natural uranium, Non-Nuclear compacts as applicable. commenter recommended that the NRC Weapons State, NRC Public Document have no requirement for advance Room, Obligations, Person, Physical F. 110.44—Physical Security Standards notification for the import of Category 2 security, Production facility, Comment: One commenter sought sources because the sources will be Radioactive waste, clarification of the intent and purpose of accounted for in the NSTS and there is Radiopharmaceutical, Recipient the incorporation by reference of the no documented benefit to the advance Country, Restricted destinations, and current INFCIRC/225/Rev. 4 (corrected), notification requirement. Specific license. The revision to the June 1999, in § 110.44(a). The One commenter noted that with definition of radioactive waste is commenter stated that it is their regard to imports of Category 1 discussed in detail in Section I.B of this understanding that INFCIRC/225/Rev. 4 quantities of material, which are document. The definitions for Bulk (corrected), June 1999, is currently typically bulk and raw material material, Low-level waste compact, and undergoing review and revision by the shipments, 24-hour advance notification Nuclear Suppliers Group are added for IAEA and international community; is currently received and that seven-day clarification purposes. In addition, this incorporation by reference of the current advance notification is not provided final rule removes the definition of INFCIRC document may not address the because final shipping arrangements Incidental radioactive material as applicability of substantial INFCIRC often change on a daily basis. The discussed in Section I.B of this changes underway that could be commenter recommended that the NRC document. potentially incorporated in the future. retain the current requirement that Section 110.6, Retransfers. This final The commenter stated that changes to allows for 24-hour advance notification. rule adds language clarifying the scope INFCIRC/225/Rev. 4 (corrected), June Response: The pre-shipment of the provisions to be consistent with 1999, may have a significant impact on notification requirement contained in the requirements of the Atomic Energy

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Act. Paragraph (b) is amended to update changes to clarify requirements. The for the import of byproduct, source, or the address for the Department of reporting requirements in paragraph (b) special nuclear material when that same Energy. for exports of americium and material is exempt from NRC domestic Section 110.7, Information collection neptunium are moved to § 110.54, licensing requirements. This change requirements: OMB approval. This final Reporting requirements. clarifies that material that is exempt or rule restructures the section for Section 110.24, General license for the else not subject to domestic licensing clarification and makes a minor export of deuterium. This final rule requirements (e.g., § 31.18 and § 40.13) editorial change. makes editorial changes to clarify the does not require a general or specific Section 110.7a, Completeness and text in order to improve readability. import license unless otherwise accuracy information. This final rule Section 110.25. This final rule adds mandated in 10 CFR part 110. makes an editorial change to paragraph and reserves § 110.25. This change is Paragraph (b) is revised to clarify that (b). made to clarify that there is not a the 100 kilograms per shipment limit printing error in 10 CFR part 110 and only applies to the material and does Subpart B—Exemptions reserves this section for possible future not include the weight of the container. Section 110.10, General. This final changes to the regulations. As revised, this paragraph states that the rule amends paragraph (c) to clarify that Section 110.26, General license for the general license in paragraph (a) does not an exemption does not relieve any export of nuclear reactor components. authorize the import of more than 100 person from complying with the This final rule restructures paragraph (a) kilograms per shipment of source and/ regulations of other U.S. Federal and/or to clarify that the general license covers or special nuclear material in the form State government agencies. components of U.S. origin. In response of irradiated fuel. Section 110.11, Export of IAEA to a comment received on the proposed This final rule revises paragraph (f) by safeguards samples. This final rule rule, a clarifying note is added at the removing the specific license makes editorial changes. end of § 110.26 regarding ‘‘U.S. origin’’. requirement for imports of radioactive The text of paragraph (a)(1) is material listed in Table 1 of Appendix Subpart C—Licenses incorporated into the introductory text P to 10 CFR part 110 and referencing the Section 110.19, Types of licenses. of paragraph (a). Paragraphs (a)(2) and advance notification requirement in This final rule removes paragraph (b) (a)(3) are redesignated as (a)(1) and § 110.50. which relates to exports of incidental (a)(2), respectively. New paragraph Section 110.30, Members of the radioactive material. This final rule also (a)(2) is revised to allow a component to Nuclear Suppliers Group. This final rule amends paragraph (a) by removing the be returned to the United States after updates the list of Nuclear Suppliers last sentence regarding compliance with final fabrication or repair or to be used Group members by adding China, other applicable regulations, and the in a nuclear power or research reactor Croatia, Estonia, Iceland, Kazakhstan, paragraphs designation. The in one of the destinations listed in the Lithuania, and Malta. requirement that general and specific section. This allows, for example, a Section 110.31, Application for a licensees are subject to other applicable component that was sent to Japan for specific license. The final rule amends laws or regulations is addressed in final fabrication or repair to be sent to this section to require requests for an § 110.50(a). Spain for use in a nuclear power or exemption from a licensing requirement Section 110.20, General license research reactor in that country. The list to be filed on NRC Form 7. This is information. This final rule removes of destinations previously contained in consistent with NRC regulations that references to ‘‘incidental radioactive paragraph (a) are now in the new require all licensing requests (e.g., material’’ and corrects citations in paragraph (b) of this final rule. exports, imports, amendment, and paragraph (a). Paragraph (d) is amended Subsequent paragraphs are renumbered renewal applications) to be made using to preclude use of generally licensed accordingly. NRC Form 7. See 71 FR 19102; April 13, material in any illegal or inappropriate New paragraph (b) is revised to 2006. activity such as use in a radiological include additional destinations to This final rule also requires a request dispersion device, diversion of material which exports may be sent under a for an exemption from a licensing or equipment, and other malicious acts. general license. These destinations are requirement to be accompanied by the Section 110.21, General license for the Cyprus, Estonia, Hungary, Malta, appropriate fee in accordance with the export of special nuclear material. This Poland, Slovak Republic, and Slovenia. fee schedules in §§ 170.21 and 170.31. final rule removes the general license The United States has received broad This change is consistent with the Fiscal provision related to the export of generic assurances from EURATOM Year 2007 NRC Fee Rule which incidental radioactive material in which also apply to these new established a flat fee for requests for paragraph (e) and makes editorial EURATOM member countries for exemptions from the NRC’s export and changes to paragraphs (a), (b), and (c). purposes of section 109b. of the Atomic import licensing requirements. See 72 Section 110.22, General license for the Energy Act. FR 31402; June 6, 2007. This change export of source material. This final rule The reporting requirements contained updates 10 CFR part 110 to reflect deletes paragraph (c), makes editorial in paragraph (d) for exports of reactor recent changes to the fee schedule in 10 changes, corrects internal reference components are moved to § 110.54, CFR part 170. errors in the section, and adds a Reporting requirements, in this final Additionally, this final rule adds a reference to paragraph (d) to the text of rule. signature requirement to § 110.31 that paragraph (e). Paragraph (c) is removed Section 110.27, General license for each application submitted on NRC because it repeats rule text found in imports. This final rule removes Form 7 must be signed by the applicant § 110.21(b)(3). The final rule also paragraphs (a)(1) and (a)(2). NRC’s or licensee or a person duly authorized removes the general license provision import regulations do not apply to DOE to act for and on behalf of the applicant related to the export of incidental imports of source, special nuclear, or or licensee. This change is consistent radioactive material in paragraph (g). byproduct material including imports with requirements related to Section 110.23, General license for the conducted on DOE’s behalf by DOE applications for specific licenses in export of byproduct material. This final contractors. Paragraph (a)(2) is removed other parts of the NRC’s regulations. It rule makes editorial and organizational because a general license is not required also clarifies that a signature is required

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to certify the veracity of information provide the NRC, at the time the 110 involving exceptional submitted to the agency on the NRC application is submitted, with pertinent circumstances, as defined in § 110.42. Form 7. documentation demonstrating that the Also, the export of radioactive material Finally, the order of paragraphs (b) recipient of the radioactive material has listed in Table 1 of Appendix P to any and (c) is reversed so that § 110.31 flows the necessary authorization (usually in country listed in §§ 110.28 or 110.29 in a more logical manner where the the form of a license) under the laws requires the review of the Executive requirement for an application for a and regulations of the importing country Branch in accordance with specific license to export or import or a to receive and possess the material § 110.41(a)(9). request for an exemption from a remain unchanged. Section 110.43, Import licensing licensing requirement precedes the criteria. This final rule clarifies that, requirement that such an application or Subpart D—Review of License Applications with respect to the import of radioactive request be accompanied by the waste, the NRC consults with, as appropriate license fee. In paragraph (b), Section 110.40, Commission review. applicable, the Agreement State in as revised, ‘‘combined export/import’’ is This final rule amends this section to which the facility is located and the removed to be consistent with the reduce the number of export license low-level waste compact commission(s) proposal to allow imports of Category 1 applications that require Commission to confirm that an appropriate facility and 2 materials listed in Table 1 of review, and instead focuses Commission has agreed to accept and is authorized Appendix P of 10 CFR part 110 under review on the export license to possess the waste for management or general license. applications that raise significant policy disposal. This change addresses Section 110.32, Information required issues. For example, mandatory commenters questions that the NRC on an application for a specific license/ Commission review of export received on the scope of the Agreement NRC Form 7. This final rule change to applications for nuclear grade graphite State and low-level waste compact paragraph (b) to clarify that the name for nuclear end use and 1,000 kilograms commission’s role (if applicable) and address of any other party, or more of deuterium oxide are no regarding the NRC’s review of import longer required unless the export raises including the supplier of the equipment applications for radioactive waste. or material, if different from the an important policy issue. This change Additionally, this final rule removes applicant, must be provided on the also increases the proposed export of the import licensing criteria related to application. Paragraphs (f)(1) and (f)(2) one effective kilogram of high-enriched the imports of radioactive material are amended for consistency purposes. uranium, plutonium or uranium-233 to listed in Appendix P. This change Specifically, for the export of nuclear five effective kilograms for mandatory conforms § 110.43 with the change to equipment to a foreign reactor, a license Commission review. The change allow Category 1 and Category 2 application will include the name of the mandates Commission review of export facility so the NRC will know whether and import license applications that quantities of radioactive materials to be Executive Branch review is required, raise significant policy issues. imported under a general license. This per § 110.41(a)(7). Significant policy issues include, but change is discussed in more detail in This section is also amended to clarify are not limited to, the proposed initial the section-by-section analysis for that applicants for the import of decision on whether to issue a license § 110.27. radioactive waste must provide the with special limitations to a country, or Section 110.44, Physical security classification of that waste as defined in the proposed decision on issuance of a standards. This final rule corrects the 10 CFR 61.55 when the waste is being license covering a facility where major Web site address for the National imported for direct disposal. If the waste safety or security issues have been Archives and Records Administration. is being imported for treatment or recently raised. If the staff is uncertain Changes to § 110.44(b)(1) clarify that the management at an NRC- or Agreement whether a license application raises a Commission determinations on the State-licensed waste processor, significant policy issue, the license adequacy of physical security measures classification, as defined in 10 CFR application should receive Commission are based on receipt by the appropriate 61.55, is not required. Rather, a detailed review. However, any export that is U.S. Executive Branch agency of written characterization (physical and chemical subject to special limitations as assurances from the relevant recipient characteristics) of the waste being determined by the staff or the Executive country governments that physical imported for treatment or management Branch will be considered one that security measures for providing must be provided in the application. raises a significant policy issue and will protection are at least comparable to the Paragraph (g) is deleted to conform to continue to require Commission review. recommendations set forth in INFCIRC/ the change that allows Category 1 and By focusing on policy issues, this 225/Rev. 4 (corrected), June 1999. Category 2 quantities of radioactive change increases efficiency and reduces Section 110.45, Issuance or denial of materials to be imported under a general fees on routine NRC export applications. license. This final rule removes the license. This change is discussed in This final rule also adds a requirement parenthetical text in paragraph (a) that more detail in the section-by-section for Commission review of export states ‘‘If an Executive Order provides an analysis for § 110.27. applications of material listed in Table exemption pursuant to section 126a of Paragraph (h) is redesignated as new 1 of appendix P to 10 CFR part 110 the Atomic Energy Act, proposed paragraph (g) and allows the exporter of involving exceptional circumstances, as exports to EURATOM countries are not Category 2 quantities of material listed defined in § 110.42, or Category 1 required to meet the criteria in in Table 1 of Appendix P to provide the quantities of material to any country § 110.42(a)(4) and (5)’’. This is no longer pertinent documentation that the listed in § 110.28. needed because the Agreement for recipient of the material has the Section 110.41, Executive Branch Cooperation in the Peaceful Uses of necessary authorization under the laws review. The final rule makes a minor Nuclear Energy between the European and regulations of the importing country editorial change and requires Executive Atomic Energy Community to receive and possess the material to Branch review of exports raising (EURATOM) and the United States of the NRC at least 24 hours prior to the significant policy issues, including America that went into effect in 1995 shipment. The requirement that the exports of radioactive material listed in obviates the need for a presidential applicant for a Category 1 export license Table 1 of appendix P to 10 CFR part exemption.

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This final rule makes conforming related to the export or import of listed in § 110.70(b)(1) through (b)(5) changes to paragraph (b)(4) which are radioactive material listed in Table 1 of and for applications for amendment or consistent with the changes to appendix P to 10 CFR part 110. Changes renewal for the import of radioactive § 110.43(d), regarding the issuance of an to the advance notification requirements waste. Once a notice has been import license for radioactive waste. conforms this section to the change to published, the Commission would not Paragraph (b)(5) is removed to eliminate allow Category 1 and Category 2 publish in the Federal Register the criteria related to the imports of quantities of radioactive materials to be proposed minor amendments to the radioactive material listed in Appendix imported under a general license. This application or license. Proposed P to 10 CFR part 110. This change change is discussed in more detail in amendments would be posted on the conforms § 110.45 with the change to the section-by-section analysis for NRC’s Web site. allow Category 1 and Category 2 § 110.27. Additionally, editorial changes quantities of radioactive materials to be update the Web site information for the Subpart H—Public Participation imported under a general license. This Office of International Programs and Procedures Concerning License change is discussed in more detail in provide specific details on where to Applications the section-by-section analysis for send the information required for export Section 110.80, Basis for hearings. § 110.27. Additionally, paragraph (d) is and import notifications. This final rule corrects the omission of amended to clarify that the provisions Section 110.51, Amendment and the word ‘‘import’’ from the section. This in this paragraph do not apply to renewal of licenses. This final rule change clarifies that the procedures in Commission decisions regarding license separates the requirements for license 10 CFR part 110 constitute the exclusive applications for specific licenses to amendments and renewals into separate basis for hearings on export and import export radioactive material listed in paragraphs. This change clarifies the license applications. Table 1 of Appendix P. differences in requirements between Section 110.81, Written comments. amendment and renewal requests and Subpart E—License Terms and Related This final rule clarifies that 30 days after improves readability of the section. No Provisions public notice of receipt of the substantive changes are made to the application means 30 days after the Section 110.50, Terms. This final rule requirements of the paragraphs. application is posted on the NRC Web makes several editorial, clarifying, and Section 110.53, United States address, site at http://www.nrc.gov or in the conforming changes to this section. In records, and inspections. This final rule Federal Register for those applications paragraph (a)(1), changes clarify that clarifies that both general and specific required to be published in the Federal each license is subject to all applicable licensees are required to have an office Register. provisions of the Atomic Energy Act or in the United States where papers may other applicable law. Paragraph (a)(4) is Section 110.82, Hearing request or be served and where records required by intervention petition. This final rule rewritten and renumbered as paragraph the Commission will be maintained. (a)(5) to make clear that each license adds language stating that hearing Also, similar clarifying language is requests and intervention petitions are issued by the NRC for the export or added to paragraph (b) of this section import of nuclear material authorizes considered timely when filed no later that license applicants and both general than 30 days after publication of notice only the export or import of that nuclear and specific licensees shall maintain material and accompanying packaging, on the NRC Web site. This change is records concerning its exports and consistent with § 110.70, which states fuel element, hardware, or other imports. Clarifying language is added associated devices or products. that the Commission will notice the that byproduct material records must be receipt of each specific license Paragraph (b)(5) is revised to remove retained for three years after the date of reference to 10 CFR parts 40, 70, 71, and application for an export or import by each export or import shipment. making a copy available at the NRC Web 73 and renumbered as paragraph (a)(3). Section 110.54, Reporting site, http://www.nrc.gov. Paragraphs This license term applies to both general requirements. The reporting (c)(2) and (c)(3) are renumbered and specific licenses and is moved to requirements in § 110.23 for exports of accordingly. paragraph (a). americium and neptunium, and in In paragraph (b)(2), changes clarify § 110.26 for exports of reactor Subpart I—Hearings that a licensee may export or import components have been moved to Section 110.112, Reporter and only for the purpose(s) and/or end- § 110.54. This change consolidates the transcript for an oral hearing. This final use(s) stated in the specific export or reporting requirements in 10 CFR part rule clarifies the scope of information import license issued by the NRC. 110 into one section. Paragraph (b)(3) is amended by adding that will be made available at the NRC a new paragraph (b)(3)(i) and Subpart F—Violations and Enforcement Web site or Public Document Room. renumbering current paragraphs (b)(3)(i) Sections 110.60, Violations, 110.66, Any portions of the transcript for an oral and (b)(3)(ii) as (b)(3)(ii) and (b)(3)(iii), Enforcement hearing, and 110.67, hearing containing classified respectively. New paragraph (b)(3)(i) Criminal penalties. This final rule information, Restricted Data, Safeguards clarifies that prior to shipment of certain makes non-substantive changes for the information, proprietary information, or nuclear material or equipment that has purposes of consistency and other sensitive unclassified information associated with it export controls clarification. will not be made available to the public. imposed by other countries (foreign- Appendix L to 10 CFR part 110— obligated material or equipment), a Subpart G—Public Notification and Illustrative list of byproduct material license amendment may be required to Availability of Documents and Records under NRC export/import licensing authorize the shipment. Alternatively, Section 110.70, Public notice of authority. the licensee is to give the NRC 40-days receipt of an application. This final rule This final rule revises the list of advance notice of the intended clarifies that the Commission will byproduct material in Appendix L to shipment. publish in the Federal Register a notice include several radionuclides that are Paragraph (b)(4) is redesignated as of receipt for applications for now classified as byproduct material as new paragraph (c) and includes the amendment or renewal for the export of a result of the Energy Policy Act of requirements for advanced notifications the nuclear equipment and material 2005, which expanded the definition of

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byproduct material in Section 11e. of is not required. Existing requirements entities’’ set forth in the Regulatory the Atomic Energy Act. were approved by the Office of Flexibility Act (5 U.S.C. 601(3)), or the Management and Budget, approval Size Standards established by the NRC Agreement State Compatibility number 3150–0036. (10 CFR 2.810). Under the ‘‘Policy Statement on Adequacy and Compatibility of Abstract Backfit Analysis Agreement State Programs’’ approved by The NRC is amending its regulations The NRC has determined that a the Commission on June 30, 1997, and that govern the export and import of backfit analysis is not required for this published in the Federal Register on nuclear equipment and material. In rule because these amendments do not September 3, 1997 (62 FR 46517), this addition to updating, clarifying, and involve any provisions that impose rule is classified as Compatibility correcting several provisions, the final backfits as defined in 10 CFR chapter I. Category ‘‘NRC.’’ Compatibility is not rule allows Category 1 and 2 quantities Congressional Review Act required for Category ‘‘NRC’’ regulations. of material to be imported under a The NRC program elements in this general license. In accordance with the Congressional category are those that relate directly to Review Act of 1996, the NRC has Public Protection Notification areas of regulation reserved to the NRC determined that this action is not a by the Atomic Energy Act of 1954, as The NRC may not conduct or sponsor, major rule and has verified this amended, or the provisions of Title 10 and a person is not required to respond determination with the Office of of the Code of Federal Regulations. to, a request for information or an Information and Regulatory Affairs of Although an Agreement State may not information collection requirement OMB. unless the requesting document adopt program elements reserved to List of Subjects in 10 CFR Part 110 NRC, it may wish to inform its licensees displays a currently valid OMB control of certain requirements via a mechanism number. Administrative practice and procedure, Classified information, that is consistent with the particular Regulatory Analysis State’s administrative procedure laws Criminal penalties, Export, Import, but does not confer regulatory authority A regulatory analysis has not been Incorporation by reference, on the State. The NRC will provide the prepared for this regulation. The NRC is Intergovernmental relations, Nuclear Agreement States additional amending its regulations at 10 CFR part materials, Nuclear power plants and information so that they can inform 110 to update, clarify, and correct reactors, Reporting and recordkeeping their licensees of the change to and several provisions improving NRC’s requirements, Scientific equipment. obligations under the revised import/ regulatory framework for the export and ■ For the reasons set out in the export regulations. import of nuclear equipment, material, preamble and under the authority of the and radioactive waste. Most of the Atomic Energy Act of 1954, as amended; Voluntary Consensus Standards changes are administrative in nature the Energy Reorganization Act of 1974, The National Technology Transfer and result in no changes to the as amended; and 5 U.S.C. 553, the NRC and Advancement Act of 1995 (Pub. L. information collection burden or costs is adopting the following amendments 104–113) requires that Federal Agencies to the public. In addition to updating, to 10 CFR part 110. use technical standards that are clarifying and correcting several developed or adopted by voluntary provisions of 10 CFR part 110, this final PART 110—EXPORT AND IMPORT OF consensus standards bodies unless rule allows imports of Category 1 and 2 NUCLEAR EQUIPMENT AND using such a standard is inconsistent quantities of material under a general MATERIAL license instead of a specific license. The with applicable law or otherwise ■ 1. The authority citation for part 110 final rule also revises the definition of impractical. This action does not continues to read as follows: constitute the establishment of a ‘‘radioactive waste.’’ In addition, the standard for which the use of a definition of ‘‘incidental radioactive Authority: Secs. 51, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104, 109, 111, 126, 127, 128, 129, voluntary consensus standard would be material’’ has been removed and aspects of it have been incorporated into the 134, 161, 181, 182, 183, 187, 189, 68 Stat. applicable. 929, 930, 931, 932, 933, 936, 937, 948, 953, revised definition of ‘‘radioactive Environmental Impact: Categorical 954, 955, 956, as amended (42 U.S.C. 2071, waste.’’ The changes to 10 CFR part 110 2073, 2074, 2077, 2092–2095, 2111, 2112, Exclusion facilitate the licensing process for 2133, 2134, 2139, 2139a, 2141, 2154–2158, The NRC has determined that this exports and imports of radioactive waste 2201, 2231–2233, 2237, 2239); sec. 201, 88 final rule is the type of action described and improve the efficiency and Stat. 1242, as amended (42 U.S.C. 5841; sec. in categorical exclusion 10 CFR consistency of licensing actions. These 5, Pub. L. 101–575, 104 Stat 2835 (42 U.S.C. 51.22(c)(1). Therefore, neither an changes do not result in a significant 2243); sec. 1704, 112 Stat. 2750 (44 U.S.C. environmental impact statement nor an increase to the information collection 3504 note); Energy Policy Act of 2005; Pub. L. 109–58, 119 Stat. 594 (2005). environmental assessment has been burden or costs to the public. Sections 110.1(b)(2) and 110.1(b)(3) also prepared for this rule. Regulatory Flexibility Certification issued under Pub. L. 96–92, 93 Stat. 710 (22 Paperwork Reduction Act Statement U.S.C. 2403). Section 110.11 also issued As required by the Regulatory under sec. 122, 68 Stat. 939 (42 U.S.C. 2152) This final rule decreases the Flexibility Act of 1980, (5 U.S.C. and secs. 54c and 57d, 88 Stat. 473, 475 (42 information collection burden on 605(b)), the Commission certifies that U.S.C. 2074). Section 110.27 also issued licensees to update, clarify, and correct this rule does not have a significant under sec. 309(a), Pub. L. 99–440. Section several provisions. The public burden economic impact on a substantial 110.50(b)(3) also issued under sec. 123, 92 for this information collection is number of small entities. This rule Stat. 142 (42 U.S.C. 2153). Section 110.51 also issued under sec. 184, 68 Stat. 954, as estimated to be a reduction of 6 hours, affects only companies exporting or amended (42 U.S.C. 2234). Section 110.52 which is insignificant. Because the importing nuclear equipment, material, also issued under sec. 186, 68 Stat. 955 (42 burden for this information collection is and radioactive waste to and from the U.S.C. 2236). Sections 110.80–110.113 also insignificant, Office of Management and United States and does not fall within issued under 5 U.S.C. 552, 554. Sections Budget (OMB) approval of the final rule the scope of the definition of ‘‘small 110.130–110.135 also issued under 5 U.S.C.

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553. Sections 110.2 and 110.42(a)(9) also isotope’’, ‘‘Natural uranium’’, ‘‘Non- Effective kilograms of special nuclear issued under sec. 903, Pub. L. 102–496 (42 Nuclear Weapons State’’, ‘‘NRC Public material means: U.S.C. 2151 et seq.). Document Room’’, ‘‘Obligations’’, (1) For plutonium and uranium-233, ■ 2. In § 110.1, paragraph (b) is revised ‘‘Person’’, ‘‘Physical security’’, their weight in kilograms; to read as follows: ‘‘Production facility’’, ‘‘Radioactive (2) For uranium enriched 1 percent or waste’’, ‘‘Radiopharmaceutical’’, greater in the isotope uranium-235, its § 110.1 Purpose and scope. ‘‘Recipient Country’’, ‘‘Restricted element weight in kilograms multiplied * * * * * destinations’’, and ‘‘Specific license’’ are by the square of its enrichment (b) The regulations in this part apply revised; and expressed as a decimal weight fraction; to all persons in the United States ■ c. The definitions of ‘‘Bulk material’’, and except: ‘‘Low-level waste compact’’, and (3) For uranium enriched below 1 (1) Persons who import or export U.S. ‘‘Nuclear Suppliers Group’’ are added in percent in the isotope uranium-235, its Munitions List nuclear items such as alphabetical order. element weight in kilograms multiplied uranium depleted in the isotope-235 The revisions and additions read as by 0.0001. and incorporated in defense articles. follows: Embargoed means that no nuclear These persons are subject to the material or equipment can be exported regulations promulgated pursuant to the § 110.2 Definitions. to certain countries under an NRC Arms Export Control Act and * * * * * general license. Exports to embargoed administered by the Department of Agreement for Cooperation means any countries must be pursuant to a specific State, Directorate of Defense Trade agreement with another nation or group license issued by the NRC and require Controls, and the Department of Justice, of nations concluded under section 123 Executive Branch review pursuant to Bureau of Alcohol, Tobacco, Firearms of the Atomic Energy Act. § 110.41. and Explosives, as authorized by section Atomic Energy Act means the Atomic * * * * * 110 of the International Security and Energy Act of 1954, as amended (42 Executive Branch means the Development Cooperation Act of 1980. U.S.C. 2011 et seq.). Departments of State, Energy, Defense (2) Persons who export uranium Bulk Material means any quantity of and Commerce. depleted in the isotope-235 and any one or more of the radionuclides * * * * * incorporated in commodities solely to listed in Table 1 of Appendix P to this General license means an export or take advantage of high density or part in a form that is: import license effective without the pyrophoric characteristics. These (1) Not a Category 1 radioactive filing of a specific application with the persons are subject to the controls of the source; Commission or the issuance of licensing Department of Commerce under the (2) Not a Category 2 radioactive documents to a particular person. A Export Administration Act, as source; general license is a type of license continued in force under Executive (3) Not plutonium-238; and issued through rulemaking by the NRC Order 13222 (August 22, 2001), as (4) Deemed to pose a risk similar to and is not an exemption from the extended; or greater than a Category 2 radioactive requirements in this part. A general (3) Persons who export nuclear source. license does not relieve a person from referral list commodities such as bulk * * * * * complying with other applicable NRC, zirconium, rotor and bellows Classified Information means Federal, and State requirements. equipment, maraging steel, nuclear Classified National Security Information Heels means small quantities of reactor related equipment, including under Executive Order 12958, as natural, depleted or low-enriched process control systems and simulators. amended, or any successor Executive uranium (to a maximum of 20 percent), These persons are subject to the Order and Restricted Data under the in the form of uranium hexaflouride licensing authority of the Department of Atomic Energy Act. (UF6) left in emptied transport cylinders Commerce pursuant to 15 CFR part 730 being returned to suppliers after et seq.; * * * * * (4) Persons who import deuterium, Conversion facility means any facility delivery of the product. nuclear grade graphite, or nuclear for the transformation from one uranium * * * * * equipment other than production or chemical species to another, including Low-level waste compact, as used in utilization facilities. A uranium conversion of uranium ore concentrates this part, means a compact entered into enrichment facility is not a production to uranium trioxide (UO3), conversion by two or more States pursuant to the facility for the purposes of import; and of UO3 to uranium dioxide (UO2), Low-Level Radioactive Waste Policy (5) Shipments which are only passing conversion of uranium oxides to Amendments Act of 1985. through the U.S. (in bond shipments) do uranium tetrafluoride (UF4) or uranium * * * * * not require an NRC import or export hexafluoride (UF6), conversion of UF4 Medical isotope, for the purposes of license; however, they must comply to UF6, conversion of UF6 to UF4, § 110.42(a)(9), includes molybdenum- with the Department of Transportation/ conversion of UF4 to uranium metal, 99, iodine-131, xenon-133, and other IAEA packaging, and State and conversion of uranium fluorides to radioactive materials used to produce a transportation requirements. UO2. radiopharmaceutical for diagnostic, ■ 3. In § 110.2: Depleted uranium means uranium therapeutic procedures or for research ■ a. The definition of ‘‘Incidental having a percentage of uranium-235 less and development. radioactive material’’ is removed; than the naturally occurring distribution Natural uranium means uranium as ■ b. The definitions of ‘‘Agreement for of uranium-235 found in natural found in nature, containing about 0.711 Cooperation’’, ‘‘Atomic Energy Act’’, uranium (less than 0.711 weight percent percent of uranium-235, 99.283 percent ‘‘Classified Information’’, ‘‘Conversion uranium-235). It is obtained from spent of uranium-238, and a trace (0.006 facility’’, ‘‘Depleted uranium’’, ‘‘Effective (used) fuel elements or as byproduct percent) of uranium-234. kilograms of special nuclear material’’, tails or residues from uranium isotope * * * * * ‘‘Embargoed’’, ‘‘Executive Branch’’, separation. Non-Nuclear Weapon State means ‘‘General license’’, ‘‘Heels’’, ‘‘Medical * * * * * any State not a nuclear weapon State as

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defined in the Treaty on the Non- obligations attached to material or and possess the sealed source or the Proliferation of Nuclear Weapons. equipment being imported into the device containing a sealed source; Nuclear Weapon State means any State United States and approves changes to (2) A contaminant on any non- which has manufactured and exploded those obligations. radioactive material (including service a nuclear weapon or other nuclear * * * * * tools and protective clothing) used in a explosive device prior to January 1, Person means any individual, nuclear facility (an NRC- or Agreement 1967 (China, France, Russia, United corporation, partnership, firm, State-licensed facility (or equivalent Kingdom, United States). association, trust, estate, public or facility) or activity authorized to possess * * * * * private institution, group, Government or use radioactive material), if the NRC Public Document Room means agency, other than the Commission or material is being shipped solely for the facility at One White Flint North, the Department of Energy, except that recovery and beneficial reuse of the 11555 Rockville Pike (first floor), the Department of Energy shall be non-radioactive material in a nuclear Rockville, Maryland, where certain considered a person within the meaning facility and not for waste management public records of the NRC that were of the regulations in this part to the purposes or disposal; made available for public inspection in extent that its activities are subject to (3) Exempted from regulation by the paper or microfiche prior to the the licensing and related regulatory Nuclear Regulatory Commission or implementation of the NRC Agencywide authority of the Commission pursuant to equivalent Agreement State regulations; Documents Access and Management section 111 of the Atomic Energy Act; (4) Generated or used in a U.S. System, commonly referred to as any State or political subdivision of, or Government waste research and ADAMS, will remain available for any political entity within a State, any development testing program under public inspection. It is also the place foreign government or nation or any international arrangements; where NRC makes computer terminals political subdivision of any such (5) Being returned by or for the U.S. available to access the Publicly government or nation, or other entity; Government or military to a facility that Available Records System (PARS) and any legal successor, representative, is authorized to possess the material; or component of ADAMS on the NRC Web agent, or agency of the foregoing. (6) Imported solely for the purposes of site, http://www.nrc.gov, and where Physical security or Physical recycling and not for waste management copies can be viewed or ordered for a protection means measures to or disposal where there is a market for fee as set forth in § 9.35 of this chapter. reasonably ensure that source or special the recycled material and evidence of a The facility is staffed with reference nuclear material will only be used for contract or business agreement can be librarians to assist the public in authorized purposes and to prevent produced upon request by the NRC. identifying and locating documents and theft or sabotage. Note: The definition of radioactive waste in in using the NRC Website and ADAMS. Production facility means any nuclear this part does not include spent or irradiated The NRC Public Document Room is reactor or plant specially designed or fuel. open from 7:45 a.m. to 4:15 p.m., used to produce special nuclear material Monday through Friday, except on through the irradiation of source Radiopharmaceutical, for the Federal holidays. Reference service and material or special nuclear material, the purposes of § 110.42(a)(9), means a access to documents may also be chemical reprocessing of irradiated radioactive isotope that contains requested by telephone (301–415–4737 source or special nuclear material, or byproduct material combined with or 800–397–4209) between 8:30 a.m. the separation of isotopes, other than a chemical or biological material and is and 4:15 p.m., or by e-mail uranium enrichment facility for designed to accumulate temporarily in a ([email protected]), facsimile purposes of import. part of the body for therapeutic (301–415–3548), or letter (NRC Public purposes or for enabling the production * * * * * of a useful image for use in a diagnosis Document Room, One White Flint Radioactive waste, for the purposes of of a medical condition. North, 11555 Rockville Pike (first floor), this part, means any material that Recipient Country, for the purposes of Rockville, Maryland 20852–2738). contains or is contaminated with source, § 110.42(a)(9), means Canada, Belgium, byproduct, or special nuclear material * * * * * France, Germany, and the Netherlands. Nuclear Suppliers Group (NSG) is a that by its possession would require a Restricted destinations means group of nuclear supplier countries specific radioactive material license in countries that are listed in § 110.29 which seeks to contribute to the non- accordance with this Chapter and is based on recommendations from the proliferation of nuclear weapons imported or exported for the purposes of Executive Branch. These countries may through the implementation of disposal in a land disposal facility as receive exports of certain materials and Guidelines for nuclear exports and defined in 10 CFR part 61, a disposal quantities under a general license, but nuclear-related exports. area as defined in Appendix A to 10 some exports to restricted destinations Obligations means the commitments CFR part 40, or an equivalent facility; or will require issuance of a specific undertaken by the U.S. Government or recycling, waste treatment or other license by the NRC including Executive by foreign governments or groups of waste management process that Branch review pursuant to § 110.41. nations with respect to imports or generates radioactive material for exports of nuclear material (except disposal in a land disposal facility as * * * * * byproduct material) and equipment defined in 10 CFR part 61, a disposal Specific license means an export or listed in §§ 110.8 and 110.9. Imports area as defined in Appendix A to 10 import license document issued to a and exports of material or equipment CFR part 40, or an equivalent facility. named person and authorizing the subject to these commitments involve Radioactive waste does not include export or import of specified nuclear conditions placed on the transfer of the radioactive material that is— equipment or materials based upon the material or equipment, such as peaceful (1) Of U.S. origin and contained in a review and approval of an NRC Form 7 end-use assurances, prior consent for sealed source, or device containing a application filed pursuant to this part retransfer, and exchanges of information sealed source, that is being returned to and other related submittals in support on the import or export. The U.S. a manufacturer, distributor or other of the application. Government informs the licensee of entity which is authorized to receive * * * * *

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■ 4. Section 110.6 is revised to read as ■ 7. In § 110.10, paragraph (c) is revised application with the Commission for a follows: to read as follows: specific license in accordance with §§ 110.31 through 110.32. § 110.6 Retransfers. § 110.10 General. * * * * * (a) Retransfer of any nuclear * * * * * (d) A general license for export may equipment or material listed in §§ 110.8 (c) The granting of an exemption does not be used if the exporter knows, or has and 110.9 (except byproduct material), not relieve any person from complying reason to believe, that the material will including special nuclear material with the regulations of other U.S. be used in any illegal activity or any produced through the use of equipment, Federal and/or State government activity related to isotope separation, source material, or special nuclear agencies applicable to exports or chemical reprocessing, heavy water material bearing obligations to the imports under their authority. production or the fabrication of nuclear United States pursuant to an agreement ■ 8. Section 110.11 is revised to read as fuel containing plutonium, unless these for cooperation, requires authorization follows: activities are generically authorized by the Department of Energy, unless the under an appropriate agreement for export to the new destination is § 110.11 Export of IAEA safeguards cooperation. authorized by the NRC under a specific samples. or general license or an exemption from A person is exempt from the * * * * * licensing requirements. See definition of requirements for a license to export ■ 11. In § 110.21 paragraph (e) is ‘‘obligations’’ in § 110.2. special nuclear material set forth in removed and paragraphs (a)(3), (a)(4), (b) Requests for authority to retransfer sections 53 and 54d. of the Atomic (b), and (c) are revised to read as are processed by the Department of Energy Act and from the regulations in follows: Energy, National Nuclear Security this part to the extent that the person exports special nuclear material in IAEA § 110.21 General license for the export of Administration, Office of International special nuclear material. Regimes and Agreements, Washington, safeguards samples, if the samples are DC 20585. exported in accordance with § 75.8 of (a) * * * (3) Special nuclear material, other ■ 5. In § 110.7, paragraph (c) is revised this chapter, or a comparable than plutonium-236 and plutonium-238, to read as follows: Department of Energy order, and are in quantities not exceeding a combined in sensing components in instruments, § 110.7 Information collection total of 100 grams of contained if no more than 3 grams of enriched requirements: OMB approval. plutonium, uranium-233 and uranium- uranium or 0.1 gram of plutonium or * * * * * 235 per facility per year. This uranium-233 are contained in each (c) This part contains information exemption does not relieve any person sensing component. collection requirements in addition to from complying with parts 71 or 73 of (4) Plutonium-236 and plutonium-238 those approved under the control this chapter or any Commission order when contained in a device, or a source number specified in paragraph (a) of under section 201(a) of the Energy for use in a device, in quantities of less × ¥3 this section. The information collection Reorganization Act of 1974 (42 U.S.C. than 3.7 10 TBq (100 millicuries) of requirements contained in §§ 110.19, 5841(a)). alpha activity (189 micrograms 110.20, 110.21, 110.22, 110.23, 110.31, ■ 9. Section 110.19 is revised to read as plutonium-236, 5.88 milligrams 110.32, and 110.51, and NRC Form 7 are follows: plutonium-238) per device or source. approved under control number 3150– (b) Except as provided in paragraph 0027. § 110.19 Types of licenses. (d) of this section, a general license is ■ 6. In § 110.7a, paragraph (b) is revised Licenses for the export and import of issued to any person to export the to read as follows: nuclear equipment and material in this following to any country not listed in part consist of general licenses and § 110.28 or § 110.29: § 110.7a Completeness and accuracy of specific licenses. A general license is (1) Special nuclear material, other information. effective without the filing of an than plutonium-236 and plutonium-238, * * * * * application with the Commission or the in individual shipments of 0.001 (b) Each licensee or applicant for a issuance of licensing documents to a effective kilogram or less (e.g., 1.0 gram license shall notify the Commission of particular person. A specific license is of plutonium, uranium-233 or uranium- information identified by the applicant issued to a named person and is 235, or 10 kilograms of 1 percent or licensee as having, for the regulated effective upon approval by the enriched uranium), not to exceed 0.1 activity, a significant implication for Commission of an application filed effective kilogram per calendar year to public health and safety or common pursuant to the regulations in this part any one country. defense and security. An applicant or and issuance of licensing documents to (2) Special nuclear material in fuel licensee violates this paragraph if the the applicant. elements as replacements for damaged applicant or licensee fails to notify the ■ 10. In § 110.20, paragraphs (a) and (d) or defective unirradiated fuel elements Commission of information that the are revised to read as follows: previously exported under a specific applicant or licensee has identified as license, subject to the same terms as the having a significant implication for § 110.20 General license information. original export license and the public health and safety or common (a) A person may use an NRC general condition that the replaced fuel defense and security. Notification shall license as authority to export or import elements must be returned to the United be provided to the Administrator of the nuclear equipment or material, if the States within a reasonable time period. appropriate Regional Office within two nuclear equipment or material to be (3) Uranium, enriched to less than 20 working days of identifying the exported or imported is covered by the percent in uranium-235, in the form of information. This requirement is not NRC general licenses described in uranium hexafluoride (UF6) heels in applicable to information which is §§ 110.21 through 110.27. If an export or cylinders being returned to suppliers in already required to be provided to the import is not covered by the NRC EURATOM. Commission by other reporting or general licenses described in §§ 110.21 (c) Except as provided in paragraph updating requirements. through 110.27, a person must file an (d) of this section, a general license is

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issued to any person to export uranium or thorium is Canadian- listed in § 110.29 must not exceed 3.7 × plutonium-236 or plutonium-238 to any obligated. 10¥2 TBq (one curie) per shipment. country listed in § 110.30 in individual (e) Paragraphs (a), (b), (c), and (d) of (ii) For americium-241, exports under shipments of 1 gram or less, not to this section do not authorize the export the general license to a country listed in exceed 100 grams per calendar year to under general license of source material § 110.29 that exceed 3.7 × 10¥2 TBq any one country. in radioactive waste. (one curie) per shipment, must be * * * * * ■ 13. Section 110.23 is revised to read contained in industrial process control equipment or petroleum exploration ■ 12. Section 110.22 is revised to read as follows: equipment in quantities not exceeding as follows: § 110.23 General license for the export of 0.60 TBq (16 curies) per device and not byproduct material. § 110.22 General license for the export of exceeding 7.4 TBq/calendar year (200 source material. (a) A general license is issued to any curies/calendar year) to any one (a) Except as provided in paragraph person to export byproduct material (see country. (e) of this section, a general license is Appendix L to this part) to any country (iii) All exports of americium are issued to any person to export the not listed in § 110.28 and subject to the subject to the reporting requirements following to any country not listed in following limitations: listed in § 110.54(b). § 110.28: (1) The general license in this section (6) For neptunium-235 and -237, (1) Uranium or thorium, other than does not authorize the export of exports under the general license must uranium-230, uranium-232, thorium- byproduct material in the form of not exceed one gram for individual 227, and thorium-228, in any substance radioactive waste. shipment and must not exceed a (2) The general license in this section in concentrations of less than 0.05 cumulative total of 10 grams per does not authorize the export of the percent by weight. calendar year to any one country. All following radionuclides: (2) Thorium, other than thorium-227 exports of neptunium are subject to the and thorium-228, in incandescent gas Americium-242m reporting requirements listed in mantles or in alloys in concentrations of Californium-249 § 110.54(b). 5 percent or less. Californium-251 (7) For polonium-210, exports under the general license, when contained in (3) Thorium-227, thorium-228, Curium-245 Curium-247 static eliminators, must not exceed 3.7 uranium-230, and uranium-232 when TBq (100 curies) per individual contained in a device, or a source for (3) For byproduct materials listed in shipment. use in a device, in quantities of less than Table 1 of Appendix P to this part, (8)(i) For tritium in any dispersed 3.7 × 10¥3 TBq (100 millicuries) of individual shipments under a general form (e.g., luminescent light sources and alpha activity (3.12 micrograms license for export must be less than the paint, accelerator targets, calibration thorium-227, 122 micrograms thorium- terabequeral (TBq) values specified in standards, labeled compounds), exports 228, 3.7 micrograms uranium-230, 4.7 Category 2 of Table 1 unless a more under the general license must not milligrams uranium-232) per device or restrictive requirement applies. exceed 0.37 TBq (10 curies (1.03 source. (4) The general license authorizes milligrams)) per item, not to exceed 37 (b) Except as provided in paragraph (f) exports of the following radionuclides TBq (1,000 curies (103 milligrams)) per of this section, a general license is when contained in a device, or a source shipment, or 370 TBq (10,000 curies issued to any person to export uranium for use in a device, in quantities less × ¥3 (1.03 grams)) per calendar year to any or thorium, other than uranium-230, than 3.7 10 TBq (100 millicuries) of one country. uranium-232, thorium-227, or thorium- alpha activity per device or source, unless the export is to a country listed (ii) For tritium in any dispersed form 228, in individual shipments of 10 (e.g., luminescent light sources and kilograms or less to any country not in § 110.30: Actinium-225 paint, accelerator targets, calibration listed in § 110.28 or § 110.29, not to standards, labeled compounds), exports exceed 1,000 kilograms per calendar Actinium-227 Californium-248 under the general license to the year to any one country or 500 countries listed in § 110.30 must not kilograms per calendar year to any one Californium-250 Californium-252 exceed the quantity of 1.48 TBq (40 country when the uranium or thorium is curies (4.12 milligrams)) per item, not to Canadian-obligated. Californium-253 Californium-254 exceed 37 TBq (1,000 curies (103 (c) Except as provided in paragraph Curium-240 milligrams)) per shipment or 370 TBq (e) of this section, a general license is Curium-241 (10,000 curies (1.03 grams)) per calendar issued to any person to export uranium Curium-242 year to any one country. or thorium, other than uranium-230, Curium-243 (iii) For tritium in luminescent safety uranium-232, thorium-227, or thorium- Curium-244 devices installed in an aircraft, exports 228, in individual shipments of 1 Einsteinium-252 under the general license must not kilogram or less to any country listed in Einsteinium-253 exceed 1.48 TBq (40 curies (4.12 § 110.29, not to exceed 100 kilograms Einsteinium-254 milligrams)) per light source. per calendar year to any one country. Einsteinium-255 (iv) The general license in this section (d) Except as provided in paragraph Fermium-257 does not authorize the export of tritium (e) of this section, a general license is Gadolinium-148 for recovery or recycle purposes. issued to any person to export uranium- Mendelevium-258 ■ 14. Section 110.24 is revised to read 230, uranium-232, thorium-227, or Neptunium-235 as follows: thorium-228 in individual shipments of Polonium-208 10 kilograms or less to any country Polonium-209 § 110.24 General license for the export of listed in § 110.30, not to exceed 1,000 Polonium-210 deuterium. kilograms per calendar year to any one Radium-223 (a) A general license is issued to any country or 500 kilograms per calendar (5)(i) For americium-241, exports person to export to any country not year to any one country when the under the general license to a country listed in § 110.28 or § 110.29 deuterium

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in individual shipments of 10 kilograms New Zealand § 110.30 [Amended] or less (50 kilograms of heavy water). No Philippines ■ 18. Section 110.30 is amended by person may export more than 200 Poland adding ‘‘China’’, ‘‘Croatia’’, ‘‘Estonia’’, kilograms (1,000 kilograms of heavy Portugal ‘‘Iceland’’, ‘‘Kazakhstan’’, ‘‘Lithuania’’, water) per calendar year to any one Republic of Korea and ‘‘Malta’’ in alphabetical order. country. Romania ■ 19. Section 110.31 is revised to read (b) A general license is issued to any Slovak Republic as follows: person to export to any country listed in § 110.29 deuterium in individual Slovenia § 110.31 Application for a specific license. shipments of 1 kilogram or less (5 Spain (a) A person shall file an application kilograms of heavy water). No person Sweden for a specific license to export or import may export more than 5 kilograms (25 Switzerland with the Deputy Director of the NRC’s kilograms of heavy water) per calendar Taiwan Office of International Programs, using year to any one country listed in United Kingdom an appropriate method listed in § 110.4. § 110.29. (c) This general license does not (b) Applications for an export, import, amendment or renewal licenses or a § 110.25 [Reserved] authorize the export of components, in final or semi-fabricated form, for request for an exemption from a ■ 15. Section 110.25 is reserved. research reactors capable of continuous licensing requirement under this part ■ 16. Section 110.26 is revised to read operation above 5 MW thermal. shall be filed on NRC Form 7. as follows: (c) An application for a specific (d) This general license does not license to export or import or a request § 110.26 General license for the export of authorize the export of essentially for an exemption from a licensing nuclear reactor components. complete reactors through piecemeal requirement must be accompanied by (a) A general license is issued to any exports of facility components. When the appropriate fee in accordance with person to export to a destination listed individual exports of components the fee schedules in § 170.21 and in paragraph (b) of this section any would amount in the aggregate to export § 170.31 of this chapter. A license nuclear reactor component of U.S. of an essentially complete nuclear application will not be processed unless origin described in paragraphs (5) reactor, a facility export license is the specified fee is received. through (9) of Appendix A to this part required. (d) Each application on NRC Form 7 if— (e) All exports under paragraph (a) of shall be signed by the applicant or (1) The component will be used in a this section are subject to the reporting licensee or a person duly authorized to light or heavy water-moderated power requirements in § 110.54(c). act for and on behalf of the applicant or or research reactor; or Note to § 110.26: U.S. Origin includes licensee. (2) The component is in components produced or finished in the (e) Each person shall provide in the semifabricated form and will be United States, even with non-U.S. content license application, as appropriate, the undergoing final fabrication or repair in unless the foreign content is obligated by information specified in § 110.32. The those countries for either subsequent supplier government conditions, such as a Commission also may require the prior consent for retransfer condition. return to the United States for use in a submission of additional information if nuclear power or research reactor in the ■ 17. In § 110.27, paragraphs (a), (b), (c), necessary to complete its review. (f) An application may cover multiple United States or in one of the and (f) are revised to read as follows: destinations listed in paragraph (b) of shipments and destinations. this section. § 110.27 General license for import. (g) The applicant shall withdraw an (b) The export of nuclear reactor (a) Except as provided in paragraphs application when it is no longer needed. components under the general license (b) and (c) of this section, a general The Commission’s official files retain all established in paragraph (a) of this license is issued to any person to import documents related to a withdrawn section is approved to the following byproduct, source, or special nuclear application. destinations: material if the U.S. consignee is ■ 20. Section 110.32 is revised to read Austria authorized to receive and possess the as follows: Belgium material under a general or specific NRC § 110.32 Information required in an Bulgaria or Agreement State license issued by the application for a specific license/NRC Form Canada Commission or a State with which the 7. Cyprus Commission has entered into an (a) Name and address of applicant. Czech Republic agreement under Section 274b. of the (b) Name and address of any other Denmark Atomic Energy Act. party, including the supplier of Estonia (b) The general license in paragraph equipment or material, if different from Finland (a) of this section does not authorize the the applicant. France import of more than 100 kilograms per (c) Country of origin of equipment or Germany shipment of source and/or special material, and any other countries that Greece nuclear material in the form of have processed the material prior to its Hungary irradiated fuel. import into the U.S. Indonesia (c) Paragraph (a) of this section does Ireland Note: This is meant to include all not authorize the import under a general Italy obligations attached to the material, Japan license of radioactive waste. according to the definition of obligations in Latvia * * * * * § 110.2. Licensees must keep records of (f) Importers of radioactive material obligations attached to material which they Lithuania own or is in their possession. Luxembourg listed in Appendix P to this part must Malta provide the notifications required by (d) Names and addresses of all Netherlands § 110.50. intermediate and ultimate consignees,

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other than intermediate consignees authorization shall include the (d) If the Commission has not performing shipping services only. following information: completed action on a license (e) Dates of proposed first and last (i) Name of the recipient; application within 60 days after receipt shipments. (ii) Recipient location and legal of the Executive Branch judgment, as (f) Description of the equipment or address or principal place of business; provided for in § 110.41, or the license material including, as appropriate, the (iii) Relevant radionuclides and application when an Executive Branch following: radioactivity being imported or that the judgment is not required, it will inform (1) Maximum quantity of material in recipient is authorized to receive and the applicant in writing of the reason for grams or kilograms (terabequerels or possess; delay and, as appropriate, provide TBq for byproduct material) and its (iv) Uses, if appropriate; and follow-up reports. (v) The expiration date of the chemical and physical form. ■ 22. In § 110.41, paragraphs (a)(2) and (2) For enriched uranium, the recipient’s authorization (if any). (a)(10) are revised to read as follows: maximum weight percentage of ■ 21. Section 110.40 is revised to read enrichment and maximum weight of as follows: § 110.41 Executive Branch review. contained uranium-235. § 110.40 Commission review. (a) * * * (3) For nuclear equipment, the name (2) More than one effective kilogram of the facility and its total dollar value. (a) Immediately after receipt of a license application for an export or of high-enriched uranium or 10 grams of (4) For nuclear reactors, the name of plutonium or uranium-233. the facility, its design power level and import requiring a specific license * * * * * its total dollar value. under this part, the Commission will (5) For proposed exports or imports of initiate its licensing review and, to the (10) An export raising significant radioactive waste, the volume, physical maximum extent feasible, will policy issues or subject to special and chemical characteristics, route of expeditiously process the application limitations as determined by the transit of shipment, classification (as concurrently with any applicable review Commission or the Executive Branch, defined in § 61.55 of this chapter) if by the Executive Branch. including exports of radioactive imported or exported for direct disposal (b) The Commissioners shall review a material listed in Table 1 of appendix P at part 61 or equivalent Agreement State license application for export of the to this part involving exceptional licensed facility, and ultimate following: circumstances in § 110.42(e). disposition (including forms of (1) A production or utilization * * * * * management or treatment) of the waste. facility. ■ 23. In § 110.43, paragraphs (e) and (f) (6) For proposed imports of (2) More than 5 effective kilograms of are removed and paragraph (d) is radioactive waste, the industrial or other high-enriched uranium, plutonium or revised to read as follows: process responsible for generation of the uranium-233. waste, and the status of the (3) An export involving assistance to § 110.43 Import licensing criteria. arrangements for disposition, including end uses related to isotope separation, * * * * * pertinent documentation of these chemical reprocessing, heavy water (d) With respect to the import of arrangements. production, advanced reactors, or the radioactive waste, an appropriate (7) Description of end use by all fabrication of nuclear fuel containing facility has agreed to accept and is consignees in sufficient detail to permit plutonium, except for exports of source authorized to possess the waste for accurate evaluation of the justification material or low-enriched uranium to management or disposal as confirmed for the proposed export or import, EURATOM or Japan for enrichment up by NRC consultations with, as including the need for shipment by the to 5 percent in the isotope uranium-235, applicable, the Agreement State in dates specified. and those categories of exports which which the facility is located and low- (g)(1) For proposed exports of the Commission has approved in level waste compact commission(s). Category 1 quantities of material listed advance as constituting permitted ■ 24. Section 110.44 is revised to read in Table 1 of appendix P to this part, incidental assistance. as follows: pertinent documentation that the (4) The initial export to a country recipient of the material has the since March 10, 1978 of source or § 110.44 Physical security standards. necessary authorization under the laws special nuclear material for nuclear end (a) Physical security measures in and regulations of the importing country use. recipient countries must provide (5) An initial export to any country to receive and possess the material. protection at least comparable to the (2) For proposed exports of Category listed in § 110.28 or § 110.29 involving recommendations in the current version 2 quantities of material listed in Table over: of IAEA publication INFCIRC/225/Rev. (i) 10 grams of plutonium, uranium- 1 of appendix P to this part, pertinent 4 (corrected), June 1999, ‘‘The Physical 233 or high-enriched uranium; Protection of Nuclear Material and documentation that the recipient of the (ii) 1 effective kilogram of low- Nuclear Facilities,’’ and is incorporated material has the necessary authorization enriched uranium; under the laws and regulations of the (iii) 250 kilograms of source material by reference in this part. This importing country to receive and or heavy water; or incorporation by reference was possess the material. This (iv) 37 TBq (1,000 curies) of tritium. approved by the Director of the Office documentation must be provided to the (6) The export of radioactive material of the Federal Register in accordance NRC at least 24 hours prior to the listed in Table 1 of Appendix P of this with 5 U.S.C. 552(a) and 1 CFR part 51. shipment. part involving: Notice of any changes made to the (3) Pertinent documentation shall (i) Exceptional circumstances in material incorporated by reference will consist of a copy of the recipient’s § 110.42(e); or be published in the Federal Register. authorization to receive and possess the (ii) Category 1 quantities of material to Copies of INFCIRC/225/Rev. 4 may be material to be exported or a any country listed in § 110.28. obtained from the Deputy Director, confirmation from the government of (c) The Commission will review Office of International Programs, U.S. the importing country that the recipient export and import license applications Nuclear Regulatory Commission, is so authorized. The recipient raising significant policy issues. Washington, DC 20555–0001, and are

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available for inspection at the NRC (4) With respect to a proposed import that nuclear material and accompanying library, 11545 Rockville Pike, Rockville, of radioactive waste, an appropriate packaging, fuel element, hardware, or Maryland 20852–2738, telephone, (301– facility has agreed to accept and is other associated devices or products. 415–4737 or 800–397–4209) between authorized to posses the waste for (6) No nuclear equipment license 8:30 a.m. and 4:15 p.m. A copy is management or disposal as confirmed confers authority to export or import available for inspection at the National by NRC consultations with, as nuclear material. Archives and Records Administration applicable, the Agreement State(s) in (7) Each nuclear equipment export (NARA). For information on the which the facility is located and the license authorizes the export of only availability of this material at NARA, low-level waste compact commission(s). those items required for use in the call 202–741–6030, or go to: http:// * * * * * foreign nuclear installation for which www.archives.gov/federal-register/cfr/ (d) If, after receiving the Executive the items are intended. ibr-locations.html. Branch judgment that the issuance of a (8) A licensee shall not proceed to (b) Commission determinations on the proposed export license will not be export or import and shall notify the adequacy of physical security measures inimical to the common defense and Commission promptly if he knows or are based on: security, the Commission does not issue has reason to believe that the packaging (1) Receipt by the appropriate U.S. the proposed license on a timely basis requirements of part 71 of this chapter Executive Branch Agency of written because it is unable to make the have not been met. assurances from the relevant recipient statutory determinations required under (b) Specific licenses. (1) Each specific license will have an country government that physical the Atomic Energy Act, the Commission expiration date. security measures providing protection will publicly issue a decision to that (2) A licensee may export or import at least comparable to the effect and will submit the license only for the purpose(s) and/or end- recommendations set forth in INFCIRC/ application to the President. The use(s) stated in the specific export or 225/Rev. 4 (corrected). Commission’s decision will include an import license issued by NRC. (2) Information obtained through explanation of the basis for the decision country visits, information exchanges, (3) Unless a license specifically and any dissenting or separate views. authorizes the export of certain foreign- or other sources. Determinations are The provisions in this paragraph do not made on a country-wide basis and are obligated nuclear material or apply to Commission decisions equipment, a licensee may not ship subject to continuing review. Appendix regarding applications for specific M to this part describes the different such material or equipment until: licenses to export byproduct material, (i) The licensee has requested and the categories of nuclear material to which including radioactive material listed in physical security measures are applied. Commission has issued an amendment Table 1 of Appendix P to this part, or to the license authorizing such ■ 25. In § 110.45, paragraphs (a), (b) and radioactive waste. (d) are revised to read as follows: shipment; or * * * * * (ii) The licensee has given at least 40 § 110.45 Issuance or denial of license. ■ 26. Section 110.50 is revised to read days advance notice of the intended (a) The Commission will issue an as follows: shipment in writing to the Deputy export license if it has been notified by Director, Office of International § 110.50 Terms. the State Department that it is the Programs (OIP); and judgment of the Executive Branch that (a) General and specific licenses. (iii) The Deputy Director, OIP has: the proposed export will not be inimical (1) Each license is subject to all (A) Obtained confirmation, through to the common defense and security, applicable provisions of the Atomic either the Department of Energy or and: Energy Act and other applicable law State, that the foreign government in (1) Finds, based upon a reasonable and to all applicable rules, regulations, question has given its consent to the judgment of the assurances provided decisions and orders of the Commission. intended shipment pursuant to its and other information available to the (2) Each license is subject to agreement for cooperation with the Federal government, that the applicable amendment, suspension, revocation or United States; and criteria in § 110.42, or their equivalent, incorporation of separate conditions (B) Communicated this in writing to are met. when required by amendments of the the licensee. (2) Finds that there are no material Atomic Energy Act or other applicable (c) Advanced notification. changed circumstances associated with law, or by other rules, regulations, (1) A licensee authorized to export or an export license application (except for decisions or orders issued in accordance import the radioactive material listed in byproduct material applications) from with the terms of the Atomic Energy Act Appendix P to this part is responsible those existing at the time of issuance of or other applicable law. for notifying NRC and, in cases of a prior license to export to the same (3) A licensee authorized to export or exports, the government of the country, if the prior license was issued import nuclear material is responsible importing country in advance of each under the provisions of paragraph (a)(1) for compliance with applicable shipment. A list of points of contact in of this section. requirements of this chapter, unless a importing countries is available at (b) The Commission will issue an domestic licensee of the Commission NRC’s Office of International Programs import license if it finds that: has assumed that responsibility and the Web site, accessible on the NRC Public (1) The proposed import will not be Commission has been so notified. Web site at http://www.nrc.gov. inimical to the common defense and (4) Each license authorizes export or (2) The NRC’s office responsible for security; import only and does not authorize any receiving advance notifications for all (2) The proposed import will not person to receive title to, acquire, export and import shipments is the NRC constitute an unreasonable risk to the receive, possess, deliver, use, transport Operations Center. Notifications are to public health and safety; or transfer any nuclear equipment or be e-mailed to [email protected] (3) The requirements of subpart A of material subject to this part. (preferred method) or faxed to (301) part 51 of this chapter (to the extent (5) Each license issued by the NRC for 816–5151. In the subject line of the applicable to the proposed import) have the export or import of nuclear material e-mail or on the fax cover page include been satisfied; and authorizes only the export or import of ‘‘10 CFR 110.50(c) Notification.’’ To

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contact the NRC Operations Center, use and other applicable NRC requirements ■ 29. Section 110.54 is revised to read the same e-mail address or call (301) governing protection of sensitive as follows: 816–5100. Difficulties notifying the NRC information. Operations Center must be promptly (d) A specific license may be § 110.54 Reporting requirements. reported to the Office of International transferred, disposed of or assigned to (a)(1) Reports of exports of nuclear Programs at (301) 415–2336. another person only with the approval facilities and equipment, nuclear grade (3) Notifications may be electronic or of the Commission by license graphite for nuclear end use, and in writing on business stationary, and amendment. deuterium shipped during the previous must contain or be accompanied by the ■ 27. Section 110.51 is revised to read quarter must be submitted by licensees information which follows. as follows: making exports under the general (i) For export notifications: license or specific license of this part by (A) 10 CFR part 110 export license § 110.51 Amendment and renewal of January 15, April 15, July 15, and number and expiration date; licenses. October 15 of each year on DOC/NRC (B) Name of the individual and (a) Amendments. Forms AP–M or AP–13, and associated licensee making the notification, (1) Applications for amendment of a forms. The reports must contain address, and telephone number; specific license shall be filed on NRC information on all nuclear facilities, (C) Foreign recipient name, address, Form 7 in accordance with §§ 110.31 equipment, and non-nuclear materials and end use location(s) (if different than and 110.32 and shall specify the (nuclear grade graphite for nuclear end recipient’s address); respects in which the licensee desires use and deuterium) listed in Annex II of (D) Radionuclides and activity level the license to be amended and the the Additional Protocol. in TBq, both for single and aggregate grounds for such amendment. (2) These required reports must be shipments; (2) An amendment is not required for: sent via facsimile to (202) 482–1731, (E) Make, model and serial number, (i) Changes in monetary value (but not emailed to [email protected], or hand- for any Category 1 and 2 sealed sources, amount or quantity); delivered or submitted by courier to the if available; (ii) Changes in the names and/or Bureau of Industry and Security, in hard (F) End use in the importing country, mailing addresses within the same copy, to the following address: Treaty if known; countries of the intermediate or ultimate Compliance Division, Bureau of (G) Shipment date; and consignees listed on the license; or Industry and Security, U.S. Department (H) A copy of the foreign recipient’s (iii) The addition of intermediate of Commerce, Attn: AP Reports, 14th authorization or confirmation of that consignees in any of the importing Street and Pennsylvania Avenue, NW., authorization from the government of countries specified in the license (for a Room 4515, Washington, DC 20230. the importing country as required by nuclear equipment license only). Telephone: (202) 482–1001. § 110.32(g) unless the authorization has (b) Renewals. (b) Persons making exports under the already been provided to the NRC. (1) Applications for renewal of a general license established by (ii) For import notifications: specific license shall be filed on NRC § 110.23(a) or under a specific license (A) Name of individual and licensee Form 7 in accordance with §§ 110.31 shall submit by February 1 of each year making the notification, address, and and 110.32. one copy of a report of all americium (2) If an application to renew a license telephone number; and neptunium shipments during the is submitted 30 days or more before the (B) Recipient name, location, and previous calendar year. This report shall license expires, the license remains address (if different than above); be submitted to the Deputy Director, (C) Name, location, address, contact valid until the Commission acts on the Office of International Programs at the name and telephone number for renewal application. An expired license address provided in § 110.4. The report exporting facility; is not renewable. must include: (D) Radionuclides and activity level (c) General. In considering an (1) A description of the material, in TBq, both for single and aggregate application by a licensee to renew or including quantity in TBq and gram; shipments; amend a license, the Commission will (E) Make, model and serial number, apply, as appropriate, the same (2) Approximate shipment dates; and radionuclide, and activity level for any procedures and criteria it uses for initial (3) A list of recipient countries, end Category 1 and 2 sealed sources, if license applications. users, and intended use keyed to the available; ■ 28. In § 110.53, paragraphs (a) and items shipped. (F) End use in the U.S.; (b)(1) are revised to read as follows: (c) Persons making exports under the (G) Shipment date from exporting general license established by facility and estimated arrival date at the § 110.53 United States address, records, § 110.26(a) shall submit by February 1 of end use location; and and inspections. each year one copy of a report of all (H) NRC or Agreement State license (a) Each licensee (general or specific) components shipped during the number to possess the import in the shall have an office in the United States previous calendar year. This report must U.S. and expiration date. where papers may be served and where include: (4) Export notifications must be records required by the Commission (1) A description of the components received by the NRC at least 7 days in will be maintained. keyed to the categories listed in advance of each shipment, to the extent (b)(1) Each license applicant or appendix A to this part. practical, but in no case less than 24 licensee (general or specific) shall (2) Approximate shipment dates. hours in advance of each shipment. maintain records concerning his exports (3) A list of recipient countries and Import notifications must be received by or imports. The licensee shall retain end users keyed to the items shipped. the NRC at least 7 days in advance of these records for five years after each ■ 30. Section 110.60 is revised to read each shipment. export or import except that byproduct as follows: (5) Advance notifications containing material records must be retained for the above information must be three years after the date of each export § 110.60 Violations. controlled, handled, and transmitted in or import shipment. (a) The Commission may obtain an accordance with § 2.390 of this chapter * * * * * injunction or other court order to

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prevent a violation of the provisions (1) A production or utilization information, or other sensitive of— facility. unclassified information, transcripts (1) The Atomic Energy Act; (2) Five effective kilograms or more of will be made available at the NRC Web (2) Title II of the Energy plutonium, high-enriched uranium or site, http://www.nrc.gov, and/or at the Reorganization Act of 1974; or uranium-233. NRC Public Document Room. (3) A regulation or order pursuant to (3) 10,000 kilograms or more of heavy * * * * * those Acts. water. (Note: Does not apply to exports (b) The Commission may obtain a of heavy water to Canada.) Appendix L—[Amended] court order for the payment of a civil (4) Nuclear grade graphite for nuclear ■ 38. Appendix L to 10 CFR Part 110 is penalty imposed under section 234 of end use. amended by adding ‘‘Carbon 11 (C 11),’’ the Atomic Energy Act: (5) Radioactive waste. ‘‘Cesium 129 (Cs 129),’’ ‘‘Cobalt 57 (Co (1) For violations of: (c) The Commission will also publish 57),’’ ‘‘Gallium 67 (Ga 67),’’ ‘‘Gold 195 (i) Sections 53, 57, 62, 63, 81, 82, 101, in the Federal Register a notice of (Au 195),’’ ‘‘Indium 111 (In 111),’’ 103, 104, 107, or 109 of the Atomic receipt of a license application, ‘‘Iodine 123 (I 123),’’ Iron 52 (Fe 52),’’ Energy Act; including applications for amendment ‘‘Nitrogen 13 (N 13),’’ ‘‘Oxygen 15 (O (ii) Section 206 of the Energy or renewal, for an import of radioactive 15),’’ ‘‘Potassium 43 (K 43),’’ ‘‘Rubidium Reorganization Act; waste for which a specific license is 81 (Rb 81),’’ ‘‘Yttrium 87 (Y 87),’’ and (iii) Any rule, regulation, or order required. ‘‘Yttrium 88 (Y 88)’’ in alphabetical issued pursuant to the sections specified ■ 34. Section 110.80 is revised to read order. in paragraph (b)(1)(i) of this section; as follows: (iv) Any term, condition, or limitation Dated at Rockville, Maryland, this 19th day of any license issued under the sections § 110.80 Basis for hearings. of July, 2010. specified in paragraph (b)(1)(i) of this The procedures in this part will For the Nuclear Regulatory Commission. section. constitute the exclusive basis for Annette Vietti-Cook, (2) For any violation for which a hearings on export and import license Secretary of the Commission. license may be revoked under section applications. [FR Doc. 2010–18219 Filed 7–27–10; 8:45 am] 186 of the Atomic Energy Act. ■ 35. In § 110.81, paragraph (b) is BILLING CODE 7590–01–P ■ 31. In § 110.66, paragraph (b) is revised to read as follows: revised to read as follows: § 110.81 Written comments. FEDERAL RESERVE SYSTEM § 110.66 Enforcement hearing. * * * * * * * * * * (b) These comments should be 12 CFR Part 226 (b) A hearing pursuant to this subpart submitted within 30 days after public will be conducted under the procedures notice of receipt of the application on [Regulation Z; Docket No. R–1384] in subpart G of part 2 of this chapter. the NRC Web site or in the Federal Truth in Lending ■ 32. In § 110.67, paragraph (a) is Register and addressed to the Secretary, revised to read as follows: U.S. Nuclear Regulatory Commission, June 29, 2010. Washington, DC 20555–0001, Attention: § 110.67 Criminal penalties. AGENCY: Board of Governors of the Rulemakings and Adjudications Staff. Federal Reserve System. (a) Section 223 of the Atomic Energy * * * * * Act provides for criminal sanctions for ACTION: Final rule, correction. ■ willful violation of, attempted violation 36. In § 110.82, paragraph (c) is revised to read as follows: SUMMARY: This document corrects a of, or conspiracy to violate, any typographical error in the amendatory regulation issued under sections 161b., § 110.82 Hearing request or intervention instructions published in the Federal 161i., or 161o. of the Atomic Energy petition. Register of June 29, 2010, regarding Act. For purposes of section 223, all the * * * * * final rules amending Regulation Z, regulations in 10 CFR part 110 are (c) Hearing requests and intervention which implements the Truth in Lending issued under one or more of sections petitions will be considered timely only Act, and the staff commentary to the 161b, 161i, or 161o, except for the if filed not later than: regulation in order to implement sections listed in paragraph (b) of this (1) 30 days after notice of receipt in provisions of the Credit Card section. the Federal Register, for those Accountability Responsibility and * * * * * applications published in the Federal Disclosure Act of 2009 that go into effect ■ 33. Section 110.70 is revised to read Register; on August 22, 2010. as follows: (2) 30 days after publication of notice DATES: Effective Date: The rule is on the NRC Web site at http:// effective August 22, 2010. § 110.70 Public notice of receipt of an www.nrc.gov; application. (3) 30 days after notice of receipt in FOR FURTHER INFORMATION CONTACT: (a) The Commission will notice the the Public Document Room; or Stephen Shin, Attorney, or Amy receipt of each license application, (4) Such other time as may be Henderson or Benjamin K. Olson, including applications for amendment provided by the Commission. Senior Attorneys, Division of Consumer and Community Affairs, Board of or renewal, for an export or import for ■ 37. In § 110.112, paragraph (b) is Governors of the Federal Reserve which a specific license is required by revised to read as follows: making a copy available at the NRC Web System, at (202) 452–3667 or 452–2412; site, http://www.nrc.gov. § 110.112 Reporter and transcript for an for users of Telecommunications Device (b) The Commission will also publish oral hearing. for the Deaf (TDD) only, contact (202) in the Federal Register a notice of * * * * * 263–4869. receipt of each license application, (b) Except for any portions containing SUPPLEMENTARY INFORMATION: The Board including applications for amendment classified information, Restricted Data, published a final rule in the Federal or renewal, to export the following: Safeguards Information, proprietary Register on June 29, 2010, (75 FR 37526)

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