NRC Issues Final Rule to Implement Nuclear Export/Import Provisions of the Energy Policy Act of 2005
The Nuclear Regulatory Commission (NRC) has issued a final rule, effective August 7, 2006, which will amend the regulations of 10 CFR Part 110 that govern the export and import of nuclear equipment and material.
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Highlights of NRC's Final Rule
According to NRC, this amendment will implement provisions of the Energy Policy Act of 2005 (EPAct) signed into law on August 8, 2005, and will (partial list):
Facilitate exports to specified countries of high-enriched uranium.NRC states that the final rule will facilitate exports to specified countries of high-enriched uranium for medical isotope production in reactors that are either utilizing low-enriched uranium (LEU) fuel or have agreed to convert to the use of LEU fuel;
Revise the definition of byproduct material to include certain additions. The final will revise the definition of byproduct material to include discrete sources of radium-226, accelerator-produced radioactive material, and discrete sources of naturally occurring radioactive material; and
Require specific licenses for certain exports and imports of radium-226. The final rule will also require specific licenses for exports and imports of radium-226 that meet the threshold values of the International Atomic Energy Agency's Code of Conduct on the Safety and Security of Radioactive Sources.
(NRC notes that this rule revises its regulations solely to incorporate provisions pertaining to the export and import licensing included in the EPAct. This rule tracks statutory provisions and the drafting of it did not involve the exercise of discretionary decision-making-in addition, because good cause exists, NRC is publishing this final rule without soliciting public comment.)
NRC also notes that the effective date of this rule (August 7, 2006) coincides with the expiration of a time-limited waiver pertaining to NRC regulation of the import and export of the new categories of byproduct material added to the Atomic Energy Act section 11e by the EPAct.
NRC Contact - Brooke G. Smith (301) 415-2347
NRC final rule (FR Pub 04/20/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-3664.pdf