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NRC Issues Proposed Rule on the Export and Import of Nuclear Equipment and Radioactive Materials

The Nuclear Regulatory Commission (NRC) has issued a proposed rule that would amend the regulations at 10 CFR Part 110 pertaining to the export and import of nuclear equipment and radioactive materials.

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Among other things, the proposed changes would indicate that all exports and imports of high-risk radioactive material listed in new Appendix P to 10 CFR Part 110 require specific licenses if amounts involved meet or exceed that set out in Appendix P. Appendix P includes a list of 15 radioactive materials such as Americium-241, Californium-252, Cobalt-60, etc.

Proposed Rule Reflects September 2003 Revisions to IAEA Code of Conduct

The NRC states that this proposed rule is intended to reflect recent changes to the nuclear and radioactive material security policies of the NRC and the Executive Branch, for the export and import of radioactive material. In addition, the proposed rule follows the guidance contained in the International Atomic Energy Association's (IAEA's) non-legally binding Code of Conduct on the Safety and Security of Radioactive Sources (Code of Conduct), which underwent a major revision in September 2003. NRC also notes that the proposed rule is consistent with the Code of Conduct section on "Import and Exports of Radioactive Sources" (paragraphs 23-29).

The proposed changes would provide the NRC with flexibility to treat each export and import license application on a case-by-case basis, with the ability to accommodate the still evolving domestic and international security measures for high-risk radioactive material.

NRC to Hold October 19, 2004 Public Meeting on Proposed Rule

The NRC states that a public meeting will be held to discuss this proposed rule on October 19, 2004 in Rockville, MD. According to the NRC, this meeting is open to the public and all interested parties may attend. Telephone call-in lines are alsoavailable for this meeting and are as follows: 1(800) 638-8081 and (301) 231-5539.

-submit comments by November 30, 2004 to be assured of consideration

NRC Contact - Suzanne Schuyler-Hayes (301) 415-2333

NRC Meeting Agenda and Call-in Information available at http://www.nrc.gov/public-involve/public-meetings/agenda/2004-0610.pdf

Information on IAEA's Code of Conduct available at http://www.iaea.org/Publications/Standards/index.html

NRC Proposed Rule (FR Pub 09/16/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-20856.pdf

NRC Meeting Announcement (FR Pub 10/12/04) available athttp://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-22784.pdf