[Federal Register Volume 59, Number 185 (Monday, September 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23464]
[[Page Unknown]]
[Federal Register: September 26, 1994]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 110
RIN 3150-AE31
Specific Licensing of Exports of Certain Alpha-Emitting
Radionuclides and Byproduct Material
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations to establish specific licensing controls on the export of
bulk tritium, transuranic isotopes americium-242m, californium-249,
californium-251, curium-245, curium-247, and certain specified alpha-
emitting radionuclides; revise and establish new general licenses for
tritium and the specified alpha-emitting radionuclides which are keyed
to the recipient country's membership in the Nuclear Suppliers Group;
remove Argentina, Brazil, and Chile from the list of restricted
destinations; and revise the general license for exports of Canadian-
origin uranium. The amendments are necessary to conform the export
controls of the United States to international export control
guidelines and a treaty obligation of the U.S. under the U.S.-Canada
Agreement for Cooperation.
EFFECTIVE DATE: November 10, 1994.
FOR FURTHER INFORMATION CONTACT: Elaine Hemby, Office of International
Programs, Nuclear Regulatory Commission, Washington, DC 20555,
telephone (301) 504-2341.
SUPPLEMENTARY INFORMATION:
I. Background
On March 17, 1993 (58 FR 14344), the NRC published in the Federal
Register a proposed rule that would amend NRC's regulations in 10 CFR
Part 110 pertaining to the export of nuclear material and equipment.
The proposed amendments would revoke the current general licenses for
bulk tritium and alpha-emitting radionuclides having an alpha half-life
of 10 days or greater but less than 200 years to conform NRC's
regulations to the export control guidelines of the Nuclear Suppliers
Group (NSG) for nuclear-related, dual-use items contained in IAEA
INFCIRC/254/Revision 1/Part 2 and approved in 1992.1 The alpha-
emitting radionuclides subject to this rule are plutonium-236,
plutonium-238, thorium-227, thorium-228, uranium-230, uranium-232,
actinium-225, actinium-227, californium-248, californium-250,
californium-252, curium-240, curium-241, curium-242, curium-243,
curium-244, einsteinium-252, einsteinium-253, einsteinium-254,
einsteinium-255, fermium-257, gadolinium-148, mendelevium-258,
polonium-208, polonium-209, polonium-210, and radium-223 (specified
alpha-emitting radionuclides). Consistent with the NSG guidelines, new
general licenses would be established to permit the export of the
specified alpha-emitting radionuclides and dispersed tritium to
countries which are members of the NSG dual-use guidelines and to
permit the export of the specified alpha-emitting radionuclides to most
other countries when in a device, or a source for use in a device,
containing less than 100 millicuries (3.7 GBq) of alpha activity per
device (10 CFR part 71, appendix A, provides specific activities in
curies per gram).
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\1\Tritium and reactor produced alpha-emitting radionuclides are
the two commodities on the NSG dual-use list whose exports are
regulated by the NRC. The other items identified on this list,
including alpha-emitting radionuclides produced with nuclear
particle accelerators, are subject to Department of Commerce export
controls, and are contained on a list referred to as the Nuclear
Referral List.
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The current general license for source material in Sec. 110.22(b)
would be revised to reduce the annual limit of Canadian-origin natural
uranium that can be exported to any single country from 1,000 kilograms
to 500 kilograms to help assure U.S. compliance with provisions of the
U.S.-Canada Agreement for Cooperation.
The current general licenses for transuranic isotopes americium-
242m, californium-249, californium-251, curium-245, and curium-247
would be revoked to conform NRC's regulations to the International
Atomic Energy List of the Coordinating Committee on Multilateral Export
Controls (COCOM). Although COCOM was dissolved in March 1994, the NRC
is placing specific licensing controls on these isotopes because the
U.S. and other COCOM member countries agreed to retain export controls
on the existing COCOM list of items. Steps are now being taken by
former COCOM member countries to propose that the NSG control most, if
not all, of the nuclear commodities on the COCOM list.
The proposed amendment to restructure Appendix A, which describes
the nuclear reactor equipment subject to NRC licensing authority, will
be addressed in a separate rulemaking proceeding.
II. Comments on the Proposed Rule
The Commission received six letters commenting on the proposed
rule. Copies of the letters are available for public inspection and
copying for a fee at the Commission's Public Document Room, located at
2120 L Street, NW (Lower Level), Washington, DC. Five of the letters,
two of which were from the same company, came from U.S. manufacturers
that utilize sources containing the specified alpha-emitting
radionuclides. These commenters strongly objected to the revocation of
the general licenses for the specified alpha-emitting radionuclides,
particularly californium-252 (Cf-252). The commenters indicated that
the specific licensing requirements could result in serious economic
disadvantage to their export business. It is their view that specific
licenses would be disruptive to their businesses and cause them to lose
potential business because of the higher expenses of license
application fees, the additional paperwork burden, time delays, and
uncertainties in delivery. One commenter believed the current general
license regulations in Part 40 provided sufficient documentation to
identify the supplier, quantity exported, and end user/end use. Several
commenters argued that the revisions were unnecessary and were without
any benefit to the stated objective of nonproliferation of nuclear
weapons.
In view of these adverse comments, the NRC asked the companies to
provide specific sales data on their exports to better understand the
implications of the new regulation. After reviewing the responses, the
NRC continues to believe that the economic impact on these companies is
not significant because of the steps we have taken to address their
concerns. First, the new general licenses permit the export of the
specified alpha-emitters in quantities up to 100 millicuries to most
countries, even when they are shipped separately from the equipment in
which they are to be used. This understanding, in itself, reduced much
of their concerns. The final rule was revised to clarify this point.
Other new general licenses permit the export of unlimited quantities
(except as limited by existing general licenses) of the specified
alpha-emitting radionuclides to NSG member countries. These new general
licenses will allow the companies to export a significant quantity of
their Cf-252 sources, including replenishment sources, without
obtaining specific licenses. Also the companies are encouraged to apply
for broad, long-term licenses to export their Cf-252 sources. These
kinds of applications could include customers in a number of friendly,
non-NSG countries and in sufficient quantities to cover replenishment
sources for six years.
Several commenters questioned whether a source containing less than
100 millicuries (186 micrograms) of Cf-252, if shipped separately from
the device in which it is to be used, could be exported under the
proposed new general license. One commenter noted that in the NRC
materials licensing regulations, a ``source'' is not defined as a
``device''. As stated above, the NRC considers, for the purpose of part
110, that the export of a Cf-252 source for use in a specified device
qualifies for this general license. The new general licenses are
revised to clarify this point.
One commenter requested that the effective date of the rule be
delayed or that exports under contract be exempted by a ``grandfather''
clause to avoid possible forced defaults in currently existing
contracts that are now subject to specific licensing controls. In
response to this concern, the effective date of this rule is 45 days
after publication. This should be sufficient time for exports that are
``in process'' to be accomplished without default. The NRC did not
consider a ``grandfather'' clause in the rule to cover committed
contracts. One commenter has committed contracts to deliver Cf-252
sources to the year 1997. The NRC believes these sources should not be
excluded from the new regulation for more than another few weeks. The
applicable export control guidelines were agreed to by the U.S. and
other NSG member countries in 1992 and should be implemented by the NRC
without an extended delay.
A commenter representing a major U.S. vendor stated that the
proposed restructuring of Appendix A and the new language still did not
clearly delineate which minor reactor components required NRC licenses
and which fall within the jurisdiction of the Department of Commerce.
The commenter believed that the proposed amendment could result in
increased confusion for exporters. In view of this comment, the
Commission defers consideration of the revision of Appendix A to a
future rulemaking.
The same commenter was concerned that service tooling contaminated
with residual byproduct, source, or special nuclear material may be
subject to specific licensing controls under the proposed rule. It is
not the intent of the NRC to place new controls on these types of
nuclear materials in this rulemaking.
III. The Final Rule
Under current NRC regulations, bulk tritium in quantities up to 100
curies, the specified alpha-emitting radionuclides in unlimited
quantities, and transuranic isotopes americium-242m, californium-249,
californium-251, and curium-245 in unlimited quantities can be exported
to most countries under general licenses. The final rule amends the
general license provisions in Secs. 110.21-110.23 for the export of
special nuclear, source, and byproduct material to revoke the general
licenses for these materials. Specific licensing controls are
established on the above materials. Although some of the specified
alpha-emitting radionuclides inadvertently were not specifically
identified in the proposed rule, they are included in the general
license revocation implemented by this rule.
Argentina, Brazil, and Chile are removed from the list of
restricted destinations in Sec. 110.29. Since publication of the
proposed rule, Argentina and Brazil have ratified and begun
implementation of the Argentina/Brazil/IAEA full-scope safeguards
agreement and Chile has waived into force the Treaty of Tlatelolco.
Section 110.30 is a list of the other member countries of the NSG.
Exports of the specified alpha-emitting radionuclides in unlimited
quantities (except as limited by the existing general licenses) and
dispersed tritium in quantities up to 40 curies per device are
permitted to NSG member countries under the new general licenses
established for them. Subsequent to the publication of the proposed
rule, Argentina has become a member of the NSG and is included in the
list.
Three items covered in this final rule were not specifically
identified in the proposed rule: (1) The general licenses in
Sec. 110.23 for einsteinium-252 -253 -254 -255, fermium-257,
gadolinium-148, and mendelevium-258 are revoked; (2) Argentina, Brazil,
and Chile are removed from the restricted destination list in
Sec. 110.29; and (3) Argentina is added to the NSG member list in
Sec. 110.30. Although the NRC did not publish these changes for comment
in the proposed rule, the NRC is merely codifying international
obligations of the United States. The NRC is proceeding to final rule
because these changes involve a foreign affairs function of the United
States. Therefore, solicitation of public comment is not required under
the Administrative Procedure Act (5 U.S.C. 553(a)(1)) and 10 CFR
110.132(e) and 110.134. Here solicitation of public comments would
delay U.S. conformance with its international obligations and therefore
would not be in the public interest.
Environmental Impact: Categorical Exclusion
The NRC has determined that this final rule is the type of action
described as a categorical exclusion under 10 CFR 51.22 (c)(1) and
(c)(2). Therefore, neither an environmental impact statement nor an
environmental assessment has been prepared for this final rule.
Paperwork Reduction Act Statement
This final rule amends information collection requirements that are
subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et
seq.). These requirements were approved by the Office of Management and
Budget, approval numbers 3150-0036 and 3150-0027.
The public reporting burden for this collection of information is
estimated to average less than 3 hours per response, including the time
for reviewing instructions, searching existing data sources, gathering
and maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to the Information and Records
Management Branch (T-6F33), U.S. Nuclear Regulatory Commission,
Washington, DC 20555, and to the Desk Officer, Office of Information
and Regulatory Affairs, NEOB-10202, (3150-0036, 3150-0027), Office of
Management and Budget, Washington, DC 20503.
Regulatory Analysis
See the discussion in the Regulatory Flexibility Certification for
the final regulatory analysis for this rule.
Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act (5 U.S.C. 605(b)),
the Commission certifies that this rule does not have a significant
economic impact on a substantial number of small entities.
Based on the information available to the Commission at the time
the proposed rule was published, the Commission previously certified
that the proposed rule, if adopted in final form, would not have a
significant economic impact on a substantial number of small entities.
The information to support this was obtained from the Department of
Energy's national laboratories and some industry sources. The
Commission also invited any small entity that determined that it is
likely to bear a disproportionate economic impact because of its size
to notify the Commission.
The Commission received four comments on the proposed rule from
U.S. manufacturers that utilize radioactive sources containing Cf-252.
Two of the companies qualify as small entities. Through their comments,
the Commission became aware of the potentially detrimental economic
impact that the revocation of the general licenses under which they
were permitted to export Cf-252 would have. In view of these adverse
comments, the NRC asked the companies to provide sales data on their
exports to better reflect the implications of the new regulation. Based
on a review of this summary data, the NRC, in cooperation with the
companies, found that the impact of the rule changes on future sales
will be much less than they had feared.
First, new general licenses are established to permit the export of
CF-252 sources in quantities up to 100 millicuries to most countries,
even when they are shipped separately from the equipment in which they
are to be used. This understanding, in itself, reduces much of their
concerns. Further, other new general licenses are established to permit
the export of unlimited quantities (except as limited by existing
general licenses) of Cf-252 sources to NSG member countries. These new
general licenses will allow the companies to export a significant
quantity of their Cf-252 sources, including replenishment sources,
without obtaining specific licenses. In addition, the companies may
submit broad, long-term licenses to export their Cf-252 sources to
their medical, scientific, industrial, and reactor-related customers in
friendly, non-NSG countries, thereby eliminating case-by-case review.
Such licenses could authorize exports of Cf-252 sources in sufficient
quantities to cover startup sources and replenishment sources for
Taiwan and South Korean power reactors for a number of years. The
anticipated value of the exports under such licenses would range from
$260,000 to over $2 million. Other such licenses could authorize
exports of Cf-252 sources and replenishment sources to medical,
industrial, and scientific customers, with total export values under
such licenses ranging from $100,000 to over $500,000. The current fee
would be $1300 for each specific license application submitted. These
steps will greatly reduce the financial burden of the license
application fees and the additional paperwork. The processing of an
export license application of this type normally takes less than 45
days for final action. The annual burden imposed by the rule is
estimated to average less than 3 hours for an exporter for each
specific application. The staff expects less than ten new applications
a year as a result of this rule.
As an additional step to address the concerns of the exporters, the
NRC consulted with the Department of Energy technical specialists to
determine if any adjustments could be made to the proposed amendments
for the specified alpha-emitting radionuclides, particularly Cf-252, to
lessen the burden on U.S. exporters that export these materials to non-
NSG member countries (exports to NSG countries would still be under
general licenses). However, no acceptable adjustments were identified.
We confirmed with U.S. nuclear weapons design experts that all of the
specified alpha-emitting radionuclides, including Cf-252, could have
some utility in nuclear explosive devices and that the 100 millicurie
threshold for control was appropriate for the specified alpha-emitting
radionuclides.
There are no alternatives for achieving the stated objective. This
rule is necessary to conform NRC's export controls to the international
export guidelines of the NSG. The United States and other NSG member
countries have formally agreed to control these materials because of
their utility in nuclear explosive weapons. Thus, the regulation is
required to satisfy an international obligation of the United States.
The foregoing discussion constitutes the regulatory flexibility
analysis and the regulatory analysis for this final rule.
Backfit Analysis
The NRC has determined that a backfit analysis is not required for
this final rule because these amendments do not include any provisions
that would require backfits as defined in 10 CFR 50.109(a)(1).
List of Subjects in 10 CFR Part 110
Administrative practice and procedure, Classified information,
Criminal penalties, Export, Import, Intergovernmental relations,
Nuclear materials, Nuclear power plants and reactors, Reporting and
recordkeeping requirements, Scientific equipment.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended, the Energy Reorganization
Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting
the following amendments to 10 CFR Part 110.
PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL
1. The authority citation for Part 110 is revised to read as
follows:
Authority: Secs. 51, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104,
109, 111, 126, 127, 128, 129, 161, 181, 182, 183, 187, 189, 68 Stat.
929, 930, 931, 932, 933, 936, 937, 948, 953, 954, 955, 956, as
amended (42 U.S.C. 2071, 2073, 2074, 2077, 2092-2095, 2111, 2112,
2133, 2134, 2139, 2139a, 2141, 2154-2158, 2201, 2231-2233, 2237,
2239); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); sec. 5,
Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243).
Sections 110.1(b)(2) and 110.1(b)(3) also issued under Pub. L.
96-92, 93 Stat. 710 (22 U.S.C. 2403). Section 110.11 also issued
under sec. 122, 68 Stat. 939 (42 U.S.C. 2152) and secs. 54c and 57d,
88 Stat. 473, 475 (42 U.S.C. 2074). Section 110.27 also issued under
sec. 309(a), Pub. L. 99-440. Section 110.50(b)(3) also issued under
sec. 123, 92 Stat. 142 (42 U.S.C. 2153). Section 110.51 also issued
under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section
110.52 also issued under sec. 186, 68 Stat. 955 (42 U.S.C. 2236).
Sections 110.80-110.113 also issued under 5 U.S.C. 552, 554.
Sections 110.130-110.135 also issued under 5 U.S.C. 553. Sections
110.2 and 110.42(a)(9) also issued under sec. 903, Pub. L. 102-496
(42 U.S.C. 2151 et seq.).
2. In Sec. 110.2, a definition for Specific activity is added in
alphabetical order to read as follows:
Sec. 110.2 Definitions.
* * * * *
Specific activity (millicuries per gram) equals 3.575 x 108
divided by (the atomic weight times the half life in years).
* * * * *
Sec. 110.4 [Amended]
3. In Sec. 110.4, first sentence, remove the words ``Assistant
Director for Exports, Security, and Safety Cooperation'', and add in
their place the words ``Director for Nonproliferation, Exports, and
Multilateral Relations''.
Sec. 110.7 [Amended]
4. In Sec. 110.7, second sentence, the reference to ``Sec. 110.31''
is revised to read ``Sec. 110.32'' and the reference to
``Sec. 110.30'', where it appears twice, is revised to read
``Sec. 110.31''.
Sec. 110.20 [Amended]
5. In Sec. 110.20, paragraph (a), the reference to ``110.29'' is
revised to read ``110.30'' and the reference to ``Secs. 110.30-110.31''
is revised to read ``Secs. 110.31-110.32'', and in the first sentence
of paragraph (f), the phrase ``Secs. 110.21 through 110.26, 110.28, and
110.29'' is revised to read ``Secs. 110.21 through 110.26, 110.28,
110.29, and 110.30''.
6. In Sec. 110.21, paragraphs (a)(3) and (b)(1) are revised and new
paragraphs (a)(4) and (c) are added to read as follows:
Sec. 110.21 General license for the export of special nuclear
material.
(a) * * *
(3) Special nuclear material, other than Pu-236 and Pu-238, in
sensing components in instruments, if no more than 3 grams of enriched
uranium or 0.1 gram of Pu or U-233 are contained in each sensing
component.
(4) Pu-236 and Pu-238 when contained in a device, or a source for
use in a device, in quantities of less than 100 millicuries of alpha
activity (189 micrograms Pu-236, 5.88 milligrams Pu-238) per device or
source.
(b) * * *
(1) Special nuclear material, other than Pu-236 and Pu-238, in
individual shipments of 0.001 effective kilogram or less (e.g., 1.0
gram of plutonium, U-233 or U-235, or 10 kilograms of 1 percent
enriched uranium), not to exceed 0.1 effective kilogram per year to any
one country.
* * * * *
(c) A general license is issued to any person to export Pu-236 or
Pu-238 to any country listed in Sec. 110.30 in individual shipments of
1 gram or less, not to exceed 100 grams per year to any one country.
7. In Sec. 110.22, paragraphs (a)(1), (a)(2), (b), and (c) are
revised and new paragraphs (a)(3) and (d) are added to read as follows:
Sec. 110.22 General license for the export of source material.
(a) * * *
(1) Uranium or thorium, other than U-230, U-232, Th-227, and Th-
228, in any substance in concentrations of less than 0.05 percent by
weight.
(2) Thorium, other than Th-227 and Th-228, in incandescent gas
mantles or in alloys in concentrations of 5 percent or less.
(3) Th-227, Th-228, U-230, and U-232 when contained in a device, or
a source for use in a device, in quantities of less than 100
millicuries of alpha activity (3.12 micrograms Th-227, 122 micrograms
Th-228, 3.7 micrograms U-230, 4.7 milligrams U-232) per device or
source.
(b) A general license is issued to any person to export uranium or
thorium, other than U-230, U-232, Th-227, or Th-228, in individual
shipments of 10 kilograms or less to any country not listed in
Sec. 110.28 or Sec. 110.29, not to exceed 1,000 kilograms per year to
any one country or 500 kilograms per year to any one country when the
uranium or thorium is of Canadian origin.
(c) A general license is issued to any person to export uranium or
thorium, other than U-230, U-232, Th-227, or Th-228, in individual
shipments of 1 kilogram or less to any country listed in Sec. 110.29,
not to exceed 100 kilograms per year to any one country.
(d) A general license is issued to any person to export U-230, U-
232, Th-227, or Th-228 in individual shipments of 10 kilograms or less
to any country listed in Sec. 110.30, not to exceed 1,000 kilograms per
year to any one country or 500 kilograms per year to any one country
when the uranium or thorium is of Canadian origin.
8. Section 110.23 is revised to read as follows:
Sec. 110.23 General license for the export of byproduct material.
(a) A general license is issued to any person to export the
following to any country not listed in Sec. 110.28:
(1) All byproduct material (see Appendix F to this part), except
actinium-225, actinium-227, americium-241, americium-242m, californium-
248, californium-249, californium-250, californium-251, californium-
252, curium-240, curium-241, curium-242, curium-243, curium-244,
curium-245, curium-246, curium-247, einsteinium-252, einsteinium-253,
einsteinium-254, einsteinium-255, fermium-257, gadolinium-148,
mendelevium-258, neptunium-237, polonium-208, polonium-209, polonium-
210, radium-223, and tritium unless authorized in paragraphs (a)(2)
through (a)(6), (b), or (c) of this section.
(2) Actinium-225, actinium-227, californium-248, californium-250,
californium-252, curium-240, curium-241, curium-242, curium-243,
curium-244, einsteinium-252, einsteinium-253, einsteinium-254,
einsteinium-255, fermium-257, gadolinium-148, mendelevium-258,
polonium-208, polonium-209, polonium-210, and radium-223 when contained
in a device, or a source for use in a device, in quantities of less
than 100 millicuries of alpha activity (see Sec. 110.2 for specific
activity) per device or source, except that exports of polonium-210
when contained in static eliminators may not exceed 100 curies (22
grams) per individual shipment.
(3) Americium-241, except that exports exceeding one curie (308
milligrams) per shipment or 100 curies (30.8 grams) per year to any
country listed in Sec. 110.29 must be contained in industrial process
control equipment or petroleum exploration equipment in quantities not
to exceed 20 curies (6.16 grams) per device or 200 curies (61.6 grams)
per year to any one country.
(4) Neptunium-237 in individual shipments of less than 1 gram, not
to exceed 10 grams per year to any one country.
(5) Tritium in any dispersed form (e.g., luminescent light sources
and paint, accelerator targets, calibration standards, labeled
compounds) in quantities of 10 curies (1.03 milligrams) or less per
item, not to exceed 1,000 curies (103 milligrams) per shipment or
10,000 curies (1.03 grams) per year to any one country. This general
license does not authorize exports for tritium recovery or recycle
purposes.
(6) Tritium in luminescent safety devices installed in aircraft
when in quantities of 40 curies (4.12 milligrams) or less per light
source.
(b) A general license is issued to any person to export to the
countries listed in Sec. 110.30 tritium in any dispersed form (e.g.,
luminescent light sources and paint, accelerator targets, calibration
standards, labeled compounds) in quantities of 40 curies (4.12
milligrams) or less per item, not to exceed 1,000 curies (103
milligrams) per shipment or 10,000 curies (1.03 grams) per year to any
one country. This general license does not authorize exports for
tritium recovery or recycle purposes.
(c) A general license is issued to any person to export to the
countries listed in Sec. 110.30 actinium-225, actinium-227,
californium-248, californium-250, californium-252, curium-240, curium-
241, curium-242, curium-243, curium-244, einsteinium-252, einsteinium-
253, einsteinium-254, einsteinium-255, fermium-257, gadolinium-148,
mendelevium-258, polonium-208, polonium-209, polonium-210, and radium-
223, except that polonium-210 when contained in static eliminators must
not exceed 100 curies (22 grams) per individual shipment.
Sec. 110.29 [Amended]
9. In Sec. 110.29 remove footnote 1 and the countries of
``Argentina'', ``Brazil'', and ``Chile''.
Secs. 110.30 and 110.31 [Redesignated]
10. Sections 110.30 and 110.31 are redesignated as Sec. 110.31 and
Sec. 110.32.
11. A new Sec. 110.30 is added to read as follows:
Sec. 110.30 Members of the Nuclear Suppliers Group.
Argentina
Australia
Austria
Belgium
Bulgaria
Canada
Czech Republic
Denmark
Finland
France
Germany
Greece
Hungary
Ireland
Italy
Japan
Luxembourg
Netherlands
Norway
Poland
Portugal
Romania
Russia
Slovak Republic
Spain
Sweden
Switzerland
United Kingdom
Sec. 110.31 [Amended]
12. In Sec. 110.31, paragraph (a), remove the words ``Assistant
Director for Exports, Security, and Safety Cooperation'', and add in
their place the words ``Director for Nonproliferation, Exports, and
Multilateral Relations'', paragraph (d), the reference to
``Sec. 110.31'' is revised to read ``Sec. 110.32''.
13. In Sec. 110.43, paragraph (a) is revised to read as follows:
Sec. 110.43 Physical security standards.
(a) Physical security measures in recipient countries must provide
protection at least comparable to the recommendations in the current
version of IAEA publication INFCIRC/225/Rev.2, December 1989, ``The
Physical Protection of Nuclear Material,'' and is incorporated by
reference in this part. This incorporation by reference was approved by
the Director of the Federal Register in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. Notice of any changes made to the material
incorporated by reference will be published in the Federal Register.
Copies of INFCIRC/225/Rev.2 may be obtained from the Director for
Nonproliferation, Exports, and Multilateral Relations, Office of
International Programs, U.S. Nuclear Regulatory Commission, Washington,
DC 20555, and are available for inspection at the NRC library, 11545
Rockville Pike, Rockville, Maryland 20852-2738. A copy is available for
inspection at the library of the Office of the Federal Register, 800 N.
Capitol Street, NW., suite 700, Washington, DC.
* * * * *
Sec. 110.50 [Amended]
14. In Sec. 110.50, paragraph (b)(3), sentences one, two, and
three, remove the words ``Assistant Director for Exports, Security, and
Safety Cooperation'', and add in their place the words ``Director for
Nonproliferation, Exports, and Multilateral Relations''.
Appendix F--[Amended]
15. Appendix F to Part 110 is amended to add, in alphabetical
order, curium-240 (Cm-240), curium-241, (Cm-241) einsteinium-252 (Es-
252), einsteinium-253 (Es-253), einsteinium-254 (Es-254), einsteinium-
255 (Es-255), fermium-257 (Fm-257), gadolinium-148 (Gd-148), and
mendelevium-258 (Md-258).
Dated in Rockville, Maryland, this 16th day of September, 1994.
For the Nuclear Regulatory Commission.
John C. Hoyle,
Acting Secretary of the Commission.
[FR Doc. 94-23464 Filed 9-23-94; 8:45 am]
BILLING CODE 7590-01-P
