NRC Issues Final Rule on New Specific License Requirements for Export/Import of Certain Radioactive Materials, Etc.
The Nuclear Regulatory Commission (NRC) has issued a final rule, effective December 28, 2005, which amends the regulations at 10 CFR Part 110 pertaining the export and import of radioactive materials. The amendments implement recent changes to the nuclear and radioactive material security policies of both the NRC and the Executive Branch.
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
Specifically, the final rule provides for enhanced tracking of certain exports and imports of radioactive sealed sources and bulk material for certain radionuclides. The final rule includes new specific export and import license requirements, advance notification procedures prior to shipment, verification of the recipient facility's licensing status, and review of the adequacy of the receiving country's controls on radioactive sources.
Highlights of NRC's Final Rule
New specific license requirement. According to NRC sources, as a result of this final rule, importers and exporters will have to obtain a specific license from NRC in order to import or export certain quantities of 15 radioactive materials listed in newly created Appendix P to 10 CFR Part 110. For amounts of these radioactive materials that are less than the levels listed in Appendix P, a general license continues to apply. See 10 CFR 110.23 and 110.27 for information on general licenses for export of byproduct material and imports, respectively.
The radioactive materials subject to the final rule's new specific license requirements are (see Appendix P to 10 CFR Part 110 for quantities that trigger the requirement for a specific license):
| Americium-241 | Cesium-137 | Promethium-147 |
| Americium-241/Be | Gadolinium-153 | Selenium-75 |
| Californium-252 | Iridium-192 | Strontium-90 (Y-90) |
| Curium-244 | Plutonium-238 | Thulium-170 |
| Cobalt-60 | Plutonium-239/Be | Ytterbium-169 |
Specific license applications evaluated on a case-by-case basis. The NRC states that it will evaluate each specific license application on a case-by-case basis, but may exercise some discretion on whether a specific license may cover multiple shipments. For example, it may wish to limit exports made to new recipients or to a country/destination with limited experience with its regulatory infrastructure to single shipments of radioactive material.
On the other hand, for countries with mature regulatory infrastructures with known and competent recipients, the NRC intends to use the provisions of 10 CFR 110.31(e) to issue broad specific export and import licenses for multiple radionuclides, shipments, and destinations and with authorizations valid for multiple years.
The duration of the import or export authorization will be consistent with the expiration date of the recipient's authorization to receive and possess the radioactive material. In all cases, the NRC states that each shipment will require prior notification.
(See ITT's Online Archives or 10/19/04 news, 04101940, for BP summary of the proposed version of this final rule.)
NRC Contact - Suzanne Schuyler-Hayes (301) 415-2333
NRC final rule (FR Pub 07/01/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-12985.pdf
NRC notice correction certain typographical errors and revising four amendatory changes (FR Pub 08/09/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-15688.pdf