Implementation of the Nuclear Export and Import Provisions of the Energy Policy Act of 2005, 20336-20340 [06-3664]
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Federal Register / Vol. 71, No. 76 / Thursday, April 20, 2006 / Rules and Regulations
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information, which can be supplied
without data processing equipment or a
trained statistical staff. Thus, the
information collection and reporting
burden is relatively small. Requiring the
same reports for all handlers does not
significantly disadvantage any handler
that is smaller than the industry
average.
Prior documents in this proceeding:
Notice of Hearing: Issued February 14,
2005; published February 17, 2005 (70
FR 8043).
Amendment to Public Hearing on
Proposed Rulemaking: Issued March 1,
2005; published March 3, 2005 (70 FR
10337).
Tentative Partial Decision: Issued July
21, 2005; published July 27, 2005 (70 FR
43335).
Interim Final Rule: Issued September
20, 2005; published September 26, 2005
(70 FR 56111).
Final Partial Decision: Issued January
17, 2006; published January 23, 2006
(71 FR 3435).
Findings and Determinations
The findings and determinations
hereinafter set forth supplement those
that were made when the Mideast order
was first issued and when it was
amended. The previous findings and
determinations are hereby ratified and
confirmed, except where they may
conflict with those set forth herein.
The following findings are hereby
made with respect to the Mideast order:
(a) Findings upon the basis of the
hearing record. Pursuant to the
provisions of the Agricultural Marketing
Agreement Act of 1937, as amended (7
U.S.C. 601–674), and the applicable
rules of practice and procedure
governing the formulation of marketing
agreements and marketing orders (7 CFR
part 900), a public hearing was held in
regard to certain proposed amendments
to the tentative marketing agreement
and to the order regulating the handling
of milk in the Mideast marketing area.
Upon the basis of the evidence
introduced at such hearing and the
record thereof it is found that:
(1) The Mideast order, as hereby
amended, and all of the terms and
conditions thereof, will tend to
effectuate the declared policy of the Act;
(2) The parity prices of milk, as
determined pursuant to section 2 of the
Act, are not reasonable in view of the
price of feed, available supplies of feed,
and other economic conditions which
affect market supply and demand for
milk in the marketing area, and the
minimum prices specified in the order,
as hereby amended, are such prices as
will reflect the aforesaid factors, insure
a sufficient quantity of pure and
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wholesome milk, and be in the public
interest; and
(3) The Mideast order, as hereby
amended, regulates the handling of milk
in the same manner as, and is applicable
only to persons in the respective classes
of industrial and commercial activity
specified in, a marketing agreement
upon which a hearing has been held.
The amendments to these orders are
known to handlers. A final partial
decision containing the proposed
amendments to these orders was issued
on January 17, 2006. An interim final
rule adopting these pooling standards
on an interim basis was issued on
September 20, 2005.
The changes that result from these
amendments will not require extensive
preparation or substantial alteration in
the method of operation for handlers. In
view of the foregoing, it is hereby found
and determined that good cause exists
for making these order amendments
effective May 1, 2006. It would be
contrary to the public interest to delay
the effective date of these amendments
for 30 days after their publication in the
Federal Register. (Sec. 553(d),
Administrative Procedure Act, 5 U.S.C.
551–559.)
(b) Determinations. It is hereby
determined that:
(1) The refusal or failure of handlers
(excluding cooperative associations
specified in Sec. 8c(9) of the Act) of
more than 50 percent of the milk that is
marketed within the specified marketing
area to sign a proposed marketing
agreement tends to prevent the
effectuation of the declared policy of the
Act;
(2) The issuance of the order
amending the Mideast order is the only
practical means pursuant to the
declared policy of the Act of advancing
the interests of producers as defined in
the order as hereby amended;
(3) The issuance of the order
amending the Mideast order is favored
by at least two-thirds of the producers
who were engaged in the production of
milk for sale in the marketing area.
List of Subjects in 7 CFR Part 1033
Milk marketing orders.
Order Relative to Handling
It is therefore ordered, that on and
after the effective date hereof, the
handling of milk in the Mideast
marketing area shall be in conformity to
and in compliance with the terms and
conditions of the order, as amended,
and as hereby further amended, as
follows:
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PART 1033—MILK IN THE MIDEAST
MARKETING AREA
The interim final rule amending 7
CFR part 1033 which was published at
70 FR 56111 on September 26, 2005, is
adopted as a final rule without change.
Dated: April 17, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. 06–3775 Filed 4–19–06; 8:45 am]
BILLING CODE 3410–02–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 110
RIN 3150–AH88
Implementation of the Nuclear Export
and Import Provisions of the Energy
Policy Act of 2005
Nuclear Regulatory
Commission
ACTION: Final rule.
AGENCY:
SUMMARY: The Nuclear Regulatory
Commission (NRC) is amending its
regulations that govern the export and
import of nuclear equipment and
material to implement provisions of the
Energy Policy Act of 2005 signed into
law on August 8, 2005. This amendment
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. In
addition, this final rule revises the
definition of byproduct material to
include discrete sources of radium-226,
accelerator-produced radioactive
material, and discrete sources of
naturally occurring radioactive material.
Finally, the rule will 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.
DATES: This final rule will become
effective August 7, 2006.
ADDRESSES: Copies of the final rule and
related documents may be viewed
electronically on the public computers
located at the NRC’s Public Document
Room (PDR), located at One White Flint
North, 11555 Rockville Pike, Public File
Area O1F21, Rockville, Maryland. These
documents are also available
electronically at the NRC’s Public
Electronic Reading Room on the Internet
at https://www.nrc.gov/reading-rm/
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adams.html. From this site, the public
can gain entry into the NRC’s
Agencywide Document Access and
Management System (ADAMS), which
provides text and image files of NRC’s
public documents. For further
information contact the PDR reference
staff at 1 (800) 387–4209, (301) 415–
4737 or by e-mail to pdr@nrc.gov. the
final rule and related documents are
also available on the NRC’s rulemaking
Web site at https://ruleforum.linl.gov.
Address questions about our rulemaking
Web site to Carol Gallagher (301) 415–
5905; e-mail cag@nrc.gov.
FOR FURTHER INFORMATION CONTACT:
Brooke G. Smith, International Policy
Analyst, Office of International
Programs, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone (301) 415–2347, e-mail
bgs@nrc.gov.
SUPPLEMENTARY INFORMATION:
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I. Summary and Background
The purpose of this final rule is to
amend the Commission’s regulations at
10 CFR part 110, ‘‘Export and Import of
Nuclear Equipment and Material,’’ to
implement sections 630, 651(d), and
651(e) of the energy Policy Act of 2005
(EPAct), which was signed into law on
August 8, 2005.
Section 630, ‘‘Medical Isotope
Production,’’ of the EPAct, amended
section 134 of the Atomic Energy Act of
1954, as amended (AEA), to facilitate
the timely export to a ‘‘Recipient
Country’’ of high-enriched uranium
(HEU) for medical isotope production in
reactors that are either utilizing lowenriched uranium (LEU) fuel or have
agreed to convert to the use of LEU fuel.
A ‘‘Recipient Country’’ is defined in
section 630 as Canada, Belgium, France,
Germany, and the Netherlands. The
EPAct also requires the Commission to
review and impose, via license
conditions or other appropriate means,
physical protection requirements that
are applicable to the transportation and
storage of HEU for medical isotope
production or control of residual
material after irradiation and extraction
of medical isotopes.
Specifically, before issuing licenses
authorizing the export of HEU in the
form of fuel or targets for the production
of medical isotopes to Canada, Belgium,
France, Germany, and the Netherlands,
the Commission must find that the
Recipient Country has provided the
United States with written assurances
that any intermediate consignees and
the ultimate consignee specified in the
export application are required to use
the HEU solely to produce medical
isotopes. Further, the Commission must
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determine that the HEU will be
irradiated in a reactor in a Recipient
Country that uses an alternative nuclear
reactor fuel, e.g., LEU, or is the subject
of an agreement with the U.S. to convert
to an alternative nuclear fuel when that
fuel can be used in the reactor.
Section 630 suspends for the
Recipient Countries (until the Secretary
of Energy makes certain findings) the
portions of section 134 of the AEA that
required the Commission to make
certain findings with respect to the use
of LEU targets to produce medical
isotopes before issuing an export license
for HEU for medical isotope production.
This final rule amends § 110.42(a)(9)
to reflect the revised export criteria with
regard to export applications to
Recipient Countries for medical isotope
production. Although the implementing
regulations promulgated will not take
effect until August 7, 2006, NRC export
licensing decisions have been governed
by section 134 of the AEA, as amended
by section 630 of the EPAct, since
August 8, 2005. The NRC already
evaluates the adequacy of the proposed
physical protection measures under
§ 110.42(a)(3) when it evaluates
individual export license applications,
and has the authority to impose
additional requirements in the license
as the Commission deems necessary.
Therefore, no rule changes are necessary
to implement the statutory provision.
Section 651(d), ‘‘Radiation Source
Protection,’’ of the EPAct amended the
AEA by imposing new requirements
pertaining to the export or import of
Category 1 or Category 2 radiation
sources as defined by the International
Atomic Energy Agency (IAEA) Code of
Conduct on the Safety and Security of
Radioactive Sources (Code of Conduct)
(and any other material that poses a
threat, as determined by the
Commission, other than spent nuclear
fuel and special nuclear materials). The
Code of Conduct includes sixteen
categories of byproduct material
sources, including radium-226. On July
1, 2005 (70 FR 37985), the Commission
issued final regulations amending part
110 that together with other existing
regulations satisfy the requirements of
section 651(d) for the export and import
of radioactive sources. However, at the
time the July 2005 rule was issued, the
Commission did not have authority to
regulate radium-226; therefore, radium226 was not listed in Appendix P to part
110 or covered by the scope for the July
2005 rule. The Commission provided
notice that radium-226 would be added
to Appendix P to part 110, consistent
with the Code of Conduct, if Congress
conferred upon the Commission
jurisdiction over radium-226. Section
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651(e) of the EPAct amended the
definition of byproduct material in
section 11e. of the AEA to include
discrete sources of radium-226.
Consistent with the notice provided in
the July 2005 rule and the authority
conferred upon the Commission by
Congress in section 651(e) of the EPAct,
this rule amends Appendix P to include
Category 1 and Category 2 quantities of
discrete sources of radium-226.
Section 651(e) of the EPAct amends
section 11e. of the AEA to place
accelerator-produced material, discrete
sources of radium-226, and certain
discrete sources of naturally-occurring
radioactive material, other than source
material, under NRC regulatory
authority if produced, extracted, or
converted for use in commercial,
medical, or research activities. This rule
amends Appendix L to part 110,
‘‘Illustrative List of Byproduct Materials
under NRC Export/Import Licensing
Authority,’’ to include discrete sources
of radium-226 and accelerator-produced
radioactive material. Prior to the
enactment of the EPAct, the Department
of Commerce (DOC) had jurisdiction
over the export of radium-226. As
provided by the EPAct, discrete sources
of radium-226 will fall under NRC’s
jurisdiction; however, jurisdiction over
the export of non-discrete sources of
radium-226 will remain in DOC’s
jurisdiction. The Commission intends to
define the term ‘‘discrete source’’ in a
separate rulemaking.
Waiver of Notice and Comment
Requirement
This rule revises the Commission’s
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 decisionmaking. Good cause exists under 5
U.S.C. 553(b)(3)(B) to publish this final
rule without soliciting public comment
because public comment under these
circumstances would serve no useful
purpose and therefore, is unnecessary
and contrary to the public interest.
Effective Date of Rule and Expiration of
Time-Limited Waiver
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 AEA section 11e. by
the EPAct. See Energy Policy Act of
2005 Requirements; Treatment of
Accelerator-Produced and other
Radioactive Material as Byproduct
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Material; Waiver, 70 FR 51581 (August
31, 2005).
The NRC has determined that this
rule will pose no unreasonable risk to
the public health and safety or the
common defense and security.
II. Section by Section Analysis of
Substantive Changes
Subpart A—General Provisions
Section 110.2. The definition of
‘‘byproduct material’’ has been revised
to be consistent with section 651(e)(1) of
the EPAct which amended the
definition of byproduct material in
section 11e. of the AEA to place
accelerator-produced material, discrete
sources of radium-226, and certain
discrete sources of naturally occurring
radioactive material, other than source
material, under NRC regulatory
authority if they are produced,
extracted, or converted for use in
commercial, medical, or research
activities.
The terms ‘‘medical isotope,’’
‘‘radiopharmaceutical,’’ and ‘‘Recipient
Country’’ have been added to this
section consistent with the section 630
of the EPAct which amended section
134 of the AEA.
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Subpart D—Review of License
Applications
Section 110.42. A new paragraph
(a)(9) is amended to incorporate the
requirements set forth in section 630 of
the EPAct regarding medical isotope
production.
Appendix L to Part 110—Illustrative
List of Byproduct Materials Under NRC
Export/Import Licensing Authority. The
list of byproduct material in Appendix
L is amended to add radium-226. Under
the EPAct, the definition of byproduct
material was expanded to include
discrete sources of radium-226. The
import or export of discrete sources of
radium-226 that are below the threshold
limits for radium-226 listed in
Appendix P to part 110 may be
accomplished through a general license
set forth in 10 CFR 110.23. In addition,
a footnote is added to Appendix L to
indicate that the NRC has import and
export authority over any acceleratorproduced material that was produced,
extracted or converted for use for a
commerical medical, or research
activity. A second footnote is added to
Appendix L to indicate that NRC has
import and export authority or discrete
sources of radium-226.
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Appendix P to Part 110—Category 1 and
2 Radioactive Material
displays a currently valid OMB control
number.
Table 1.—Import and Export Threshold
Limits
Regulatory Analysis
The list of category 1 and 2
radioactive material in Appendix P is
amended to add radium-226 and the
corresponding threshold limits for
Category 1 and 2 quantities consistent
with the values in Table 1 of the IAEA
Code of Conduct. A specific license is
required for the import or export of
discrete sources of radium-226 meeting
the threshold quantities listed in Table
1 of Appendix P. A footnote is added to
the list in Appendix P to indicate that
the NRC has import and export
authority over discrete sources of
radium-226.
Voluntary Consensus Standards
The National Technology Transfer
and Advancement Act of 1995 (Pub. L.
104–113). requires that Federal
Agencies use technical standards that
are developed or adopted by voluntary
consensus standards bodies unless
using such a standard is inconsistent
with applicable law or otherwise
impractical. This final rule does not
constitute the establishment of a
standard for which the use of a
voluntary consensus standard would be
applicable.
Environmental Impact: Categorical
Exclusion
The EPAct, which was signed into
law on August 8, 2005, amended the
definition of byproduct material in the
Atomic Energy Act of 1954, as amended
to include discrete sources of radium226 and conferred regulatory authority
of it to the NRC. Previously, radium-226
was under the jurisdiction of the U.S.
Department of Commerce. The NRC is
amending its regulations at 10 CFR part
110 to add radium-226 to the list of
radioactive material in Appendix P to
part 110. Shipments of radium-226 at or
above the Category 2 level will require
a specific license. This change to part
110 fulfills the mandate from Congress
in section 651(d) and (e) of the EPAct
and with the IAEA Code of Conduct.
Additionally, to implement section 630,
‘‘Medical Isotope Production,’’ of the
EPAct, this final rule amends 10 CFR
110.42, ‘‘Export licensing criteria.’’
There is no alternative to amending the
regulations at 10 CFR part 110 to reflect
changes in law. This final rule is
expected to have an insignificant
increase in the information collection
burden and cost to the public for
applications to export or import radium226 at the quantities listed in Appendix
P to part 110.
Backfit Analysis
The NRC has determined that this
final rule is type of action described in
categorical exclusion 10 CFR
51.22(c)(1). Therefore, neither an
environmental impact statement nor an
environmental assessment has been
prepared for this final rule.
The NRC has determined that a
backfit analysis is not required for this
rule because these amendments do not
include any provisions that would
impose backfits as defined in 10 CFR
Chapter I.
Paperwork Reduction Act Statement
Under the Congressional Review Act
of 1996, the NRC has determined that
this action is not a major rule and has
verified this determination with the
Office of Information and Regulatory
Affairs of OMB.
This final rule implements the
provisions of the Energy Policy Act of
2005, sections 630, 651(d), and 651(e).
The final rule does not impact the
information collection burden for 10
CFR part 110 licensees. Any burden for
licensing actions would be against NRC
Form 7 (3150–0027). However, few, if
any, licensing actions are expected to be
submitted. Because the burden for this
information collection is insignificant,
Office of Management and Budget
(OMB) clearance is not required.
Existing requirements were approved by
the OMB, approval number 3150–0036.
Public Protection Notification
The NRC may not conduct or sponsor,
and a person is not required to respond
to, a request for information or any
information collection requirement
unless the requesting document
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Congressional Review Act
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 premble
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.
I
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PART 110—EXPORT AND IMPORT OF
NUCLEAR EQUIPMENT AND
MATERIAL
1. The authority citation for part 110
is revised to read as follows:
I
Authority: Secs. 51, 53, 54, 57, 63, 64, 65,
81, 82, 103, 104, 109, 111, 126, 127, 128, 129,
134, 161, 170H., 181, 182, 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,
2160d., 2201, 2210h., 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); sec. 1704, 112 Stat.
2750 (44 U.S.C. 3504 note).
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
110.30–110.135 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 § 110.2, the definition of
Byproduct material is revised, and
definitions for Medical isotope,
Radiopharmaceutical, and Recipient
Country are added in alphabetical order
to read as follows:
I
§ 110.2
Definitions.
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Byproduct material means
(1) Any radioactive material (except
special nuclear material) yielded in, or
made radioactive by, exposure to the
radiation incident to the process of
producing or utilizing special nuclear
material;
(2) The tailings or wastes produced by
the extraction or concentration of
uranium or thorium from ore (see 10
CFR 20.1003);
(3)(i) Any discrete source of radium226 that is produced, extracted, or
converted after extraction, before, on, or
after August 8, 2005, for use for a
commercial, medical, or research
activity; or
(ii) Any material that has been made
radioactive by use of a particle
accelerator and is produced, extracted,
or converted after extraction, before, on,
or after August 8, 2005 for use for a
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commercial, medical, or research
activity; and
(4) Any discrete source of naturally
occurring radioactive material, other
than source material, that—
(i) The Commission, in consultation
with the Administrator of the
Environmental Protection Agency, the
Secretary of Energy, the Secretary of
Homeland Security, and the head of any
other appropriate Federal agency,
determines would pose a threat similar
to the threat posed by a discrete source
of radium-226 to the public health and
safety or the common defense and
security; and
(ii) Before, on, or after August 8, 2005
is extracted or converted after extraction
for use in a commercial, medical, or
research activity.
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Medical isotope, for the purposes of
§ 110.42(a)(10), includes Molybdenum
99, Iodine 131, Xenon 133, and other
radioactive materials used to produce a
radiopharmaceutical for diagnostic,
therapeutic procedures or for research
and development
*
*
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Radiopharmaceutical, for the
purposes of § 110.42(a)(10), means a
radioactive isotope that contains
byproduct material combined with
chemical or biological material and is
designed to accumulate temporarily in a
part of the body for therapeutic
purposes or for enabling the production
of a useful image for use in a diagnosis
of a medical condition.
Recipient Country, for the purposes of
§ 110.42(a)(10), means Canada, Belgium,
France, Germany, and the Netherlands.
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I 3. In § 110.42, paragraph (a)(9)(i) is
revised, paragraph (a)(9)(ii) is
redesignated as paragraph (a)(9)(iii), and
new paragraph (a)(9)(ii) is added to read
as follows:
§ 110.42
Export licensing criteria.
(a) * * *
(9)(i) Except as provided in paragraph
(a)(9)(ii) of this section, exports of highenriched uranium to be used as a fuel
or target in a nuclear research or test
reactor, the Commission determines
that:
(A) There is no alternative nuclear
reactor fuel or tart enriched to less than
20 percent in the isotope U–235 that can
be used in that reactor;
(B) The proposed recipient of the
uranium has provided assurances that,
whenever an alternative nuclear reactor
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fuel or target can be used in that reactor,
it will use that alternative fuel or target
in lieu of highly-enriched uranium; and
(C) The United States Government is
actively developing an alternative
nuclear reactor fuel or target that can be
used in that reactor.
(ii) With regard to a Recipient
Country, the Commission may issue a
license authorizing the export of highenriched uranium for medical isotope
production, including shipment to and
use at intermediate and ultimate
consignees, if the Commission
determines that:
(A) The Recipient Country has
supplied an assurance letter to the
United States Government in
connection with the consideration by
the Commission of the export license
application has informed the United
States Government that any
intermediate consignees and the
ultimate consignee specified in the
export license application are required
to use the high-enriched uranium solely
for the production of medical isotopes;
and
(B) The high-enriched uranium will
be irradiated only in a reactor in the
Recipient Country that—
(1) Uses an alternative nuclear fuel; or
(2) Is the subject of an agreement with
the United States Government to
convert to an alternative nuclear reactor
fuel when alternative nuclear reactor
fuel can be used in the reactor.
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*
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*
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I 4. Appendix L to part 110 is amended
by adding new footnote a to the title of
Appendix L, by amending the list of
byproduct material by adding ‘‘Radium226 (Ra 226)’’ in alphabetical order, and
by adding new footnote b to read as
follows:
Appendix L to Part 110—Illustrative
List of Byproduct Materials Under NRC
Export/Import Licensing Authority a
*
*
*
*
*
Radium-226 (Ra-226) b
*
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I 5. Appendix P to part 110 is amended
by adding ‘‘Radium-226’’ in alphabetical
order to Table 1. and new footnote a to
read as follows:
Appendix P to Part 110—High Risk
Radioactive Material
a Any accelerator-produced material produced,
extracted, or converted for use for a commercial,
medical, or research activity.
b Discrete sources of radium-226 (Ra-226).
E:\FR\FM\20APR1.SGM
20APR1
20340
Federal Register / Vol. 71, No. 76 / Thursday, April 20, 2006 / Rules and Regulations
TABLE 1.—IMPORT AND EXPORT THRESHOLD LIMITS
Category 1
Radioactive material
Terabequerels
(TBq)
*
*
*
*
Radium-226 a ....................................................................................................
*
a Discrete
*
*
Curies
(Ci)
*
Curies
(Ci)
*
*
40
Terabequerels
(TBq)
*
1,100
*
0.4
*
11
*
sources of radium-226.
Dated at Rockville, Maryland, this 4th day
of April, 2006.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. 06–3664 Filed 4–17–06; 8:45 am]
BILLING CODE 7590–01–M
17 CFR Part 202
[Release No. 34–53638]
RIN 3235–AJ55
Policy Statement Concerning
Subpoenas to Members of the News
Media
Securities and Exchange
Commission.
ACTION: Final rule; policy statement.
AGENCY:
SUMMARY: The Securities and Exchange
Commission is issuing a policy
statement concerning the issuance of
subpoenas to members of the media.
This policy statement sets forth
guidelines for the agency’s professional
staff to ensure that vigorous
enforcement of the Federal securities
laws is conducted completely
consistently with the principles of the
First Amendment’s guarantee of
freedom of the press, and specifically to
avoid the issuance of subpoenas to
members of the media that might impair
the news gathering and reporting
functions.
Effective Date: April 12, 2006.
FOR FURTHER INFORMATION CONTACT: Joan
McKown (202–551–4933), Office of the
Chief Counsel, Division of Enforcement,
or Richard Levine (202–551–5468),
Office of General Counsel.
SUPPLEMENTARY INFORMATION: The
Securities and Exchange Commission is
issuing a policy statement concerning
the issuance of subpoenas to members
of the media. In this policy statement
the Commission sets forth guidelines for
the agency’s professional staff to ensure
DATES:
VerDate Aug<31>2005
14:55 Apr 19, 2006
Jkt 208001
that vigorous enforcement of the federal
securities laws is conducted completely
consistently with the principles of the
First Amendment’s guarantee of
freedom of the press, and specifically to
avoid the issuance of subpoenas to
members of the media that might impair
the news gathering and reporting
functions.
Regulatory Requirements
The provisions of the Administrative
Procedure Act (‘‘APA’’) regarding notice
of proposed rulemaking, opportunities
for public comment, and prior
publication are not applicable to general
statements of policy, such as this one.1
Similarly, the provisions of the
Regulatory Flexibility Act,2 which apply
only when notice and comment are
required by the APA or another statute,
are not applicable.
SECURITIES AND EXCHANGE
COMMISSION
hsrobinson on PROD1PC61 with RULES
Category 2
List of Subjects in 17 CFR Part 202
Administrative practice and
procedure.
Text of Amendment
In accordance with the foregoing, the
Securities and Exchange Commission
amends 17 CFR chapter II as follows:
I
PART 202—INFORMAL AND OTHER
PROCEDURES
1. The authority citation for part 202
continues to read, in part, as follows:
I
Authority: 15 U.S.C. 77s, 77t, 78d–1, 78u,
78w, 78ll(d), 79r, 79t, 77sss, 77uuu, 80a–37,
80a–41, 80b–9, and 80b–11, unless otherwise
noted.
*
I
*
*
*
*
2. Add § 202.10 to read as follows:
§ 202.10 Policy statement of the Securities
and Exchange Commission concerning
subpoenas to members of the news media.
Freedom of the press is of vital
importance to the mission of the
Securities and Exchange Commission.
Effective journalism complements the
Commission’s efforts to ensure that
investors receive the full and fair
15
25
PO 00000
U.S.C. 553.
U.S.C. 601–602.
Frm 00006
Fmt 4700
Sfmt 4700
disclosure that the law requires, and
that they deserve. Diligent reporting is
an essential means of bringing securities
law violations to light and ultimately
helps to deter illegal conduct. In this
Policy Statement the Commission sets
forth guidelines for the agency’s
professional staff to ensure that vigorous
enforcement of the federal securities
laws is conducted completely
consistently with the principles of the
First Amendment’s guarantee of
freedom of the press, and specifically to
avoid the issuance of subpoenas to
members of the media that might impair
the news gathering and reporting
functions. These guidelines shall be
adhered to by all members of the staff
in all cases:
(a) In determining whether to issue a
subpoena to a member of the news
media, the approach in every case must
be to strike the proper balance between
the public’s interest in the free
dissemination of ideas and information
and the public’s interest in effective
enforcement of the federal securities
laws.
(b) When the staff investigating a
matter determines that a member of the
news media may have information
relevant to the investigation, the staff
should:
(1) Determine whether the
information might be obtainable from
alternative non-media sources.
(2) Make all reasonable efforts to
obtain that information from those
alternative sources. Whether all
reasonable efforts have been made will
depend on the particular circumstances
of the investigation, including whether
there is an immediate need to preserve
assets or protect investors from an
ongoing fraud.
(3) Determine whether the
information is essential to successful
completion of the investigation.
(c) If the information cannot
reasonably be obtained from alternative
sources and the information is essential
to the investigation, then the staff, after
seeking approval from the responsible
Regional Director, District
Administrator, or Associate Director,
E:\FR\FM\20APR1.SGM
20APR1
]]>Agencies
[Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Rules and Regulations]
[Pages 20336-20340]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3664]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 110
RIN 3150-AH88
Implementation of the Nuclear Export and Import Provisions of the
Energy Policy Act of 2005
AGENCY: Nuclear Regulatory Commission
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations that govern the export and import of nuclear equipment and
material to implement provisions of the Energy Policy Act of 2005
signed into law on August 8, 2005. This amendment 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. In
addition, this final rule revises the definition of byproduct material
to include discrete sources of radium-226, accelerator-produced
radioactive material, and discrete sources of naturally occurring
radioactive material. Finally, the rule will 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.
DATES: This final rule will become effective August 7, 2006.
ADDRESSES: Copies of the final rule and related documents may be viewed
electronically on the public computers located at the NRC's Public
Document Room (PDR), located at One White Flint North, 11555 Rockville
Pike, Public File Area O1F21, Rockville, Maryland. These documents are
also available electronically at the NRC's Public Electronic Reading
Room on the Internet at https://www.nrc.gov/reading- rm/
[[Page 20337]]
adams. html. From this site, the public can gain entry into the NRC's
Agencywide Document Access and Management System (ADAMS), which
provides text and image files of NRC's public documents. For further
information contact the PDR reference staff at 1 (800) 387-4209, (301)
415-4737 or by e-mail to pdr@nrc.gov. the final rule and related
documents are also available on the NRC's rulemaking Web site at http:/
/ ruleforum. linl.gov. Address questions about our rulemaking Web site
to Carol Gallagher (301) 415-5905; e-mail cag@nrc.gov.
FOR FURTHER INFORMATION CONTACT: Brooke G. Smith, International Policy
Analyst, Office of International Programs, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, telephone (301) 415-2347, e-mail
bgs@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Summary and Background
The purpose of this final rule is to amend the Commission's
regulations at 10 CFR part 110, ``Export and Import of Nuclear
Equipment and Material,'' to implement sections 630, 651(d), and 651(e)
of the energy Policy Act of 2005 (EPAct), which was signed into law on
August 8, 2005.
Section 630, ``Medical Isotope Production,'' of the EPAct, amended
section 134 of the Atomic Energy Act of 1954, as amended (AEA), to
facilitate the timely export to a ``Recipient Country'' of high-
enriched uranium (HEU) 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. A ``Recipient Country'' is defined in
section 630 as Canada, Belgium, France, Germany, and the Netherlands.
The EPAct also requires the Commission to review and impose, via
license conditions or other appropriate means, physical protection
requirements that are applicable to the transportation and storage of
HEU for medical isotope production or control of residual material
after irradiation and extraction of medical isotopes.
Specifically, before issuing licenses authorizing the export of HEU
in the form of fuel or targets for the production of medical isotopes
to Canada, Belgium, France, Germany, and the Netherlands, the
Commission must find that the Recipient Country has provided the United
States with written assurances that any intermediate consignees and the
ultimate consignee specified in the export application are required to
use the HEU solely to produce medical isotopes. Further, the Commission
must determine that the HEU will be irradiated in a reactor in a
Recipient Country that uses an alternative nuclear reactor fuel, e.g.,
LEU, or is the subject of an agreement with the U.S. to convert to an
alternative nuclear fuel when that fuel can be used in the reactor.
Section 630 suspends for the Recipient Countries (until the
Secretary of Energy makes certain findings) the portions of section 134
of the AEA that required the Commission to make certain findings with
respect to the use of LEU targets to produce medical isotopes before
issuing an export license for HEU for medical isotope production.
This final rule amends Sec. 110.42(a)(9) to reflect the revised
export criteria with regard to export applications to Recipient
Countries for medical isotope production. Although the implementing
regulations promulgated will not take effect until August 7, 2006, NRC
export licensing decisions have been governed by section 134 of the
AEA, as amended by section 630 of the EPAct, since August 8, 2005. The
NRC already evaluates the adequacy of the proposed physical protection
measures under Sec. 110.42(a)(3) when it evaluates individual export
license applications, and has the authority to impose additional
requirements in the license as the Commission deems necessary.
Therefore, no rule changes are necessary to implement the statutory
provision.
Section 651(d), ``Radiation Source Protection,'' of the EPAct
amended the AEA by imposing new requirements pertaining to the export
or import of Category 1 or Category 2 radiation sources as defined by
the International Atomic Energy Agency (IAEA) Code of Conduct on the
Safety and Security of Radioactive Sources (Code of Conduct) (and any
other material that poses a threat, as determined by the Commission,
other than spent nuclear fuel and special nuclear materials). The Code
of Conduct includes sixteen categories of byproduct material sources,
including radium-226. On July 1, 2005 (70 FR 37985), the Commission
issued final regulations amending part 110 that together with other
existing regulations satisfy the requirements of section 651(d) for the
export and import of radioactive sources. However, at the time the July
2005 rule was issued, the Commission did not have authority to regulate
radium-226; therefore, radium-226 was not listed in Appendix P to part
110 or covered by the scope for the July 2005 rule. The Commission
provided notice that radium-226 would be added to Appendix P to part
110, consistent with the Code of Conduct, if Congress conferred upon
the Commission jurisdiction over radium-226. Section 651(e) of the
EPAct amended the definition of byproduct material in section 11e. of
the AEA to include discrete sources of radium-226. Consistent with the
notice provided in the July 2005 rule and the authority conferred upon
the Commission by Congress in section 651(e) of the EPAct, this rule
amends Appendix P to include Category 1 and Category 2 quantities of
discrete sources of radium-226.
Section 651(e) of the EPAct amends section 11e. of the AEA to place
accelerator-produced material, discrete sources of radium-226, and
certain discrete sources of naturally-occurring radioactive material,
other than source material, under NRC regulatory authority if produced,
extracted, or converted for use in commercial, medical, or research
activities. This rule amends Appendix L to part 110, ``Illustrative
List of Byproduct Materials under NRC Export/Import Licensing
Authority,'' to include discrete sources of radium-226 and accelerator-
produced radioactive material. Prior to the enactment of the EPAct, the
Department of Commerce (DOC) had jurisdiction over the export of
radium-226. As provided by the EPAct, discrete sources of radium-226
will fall under NRC's jurisdiction; however, jurisdiction over the
export of non-discrete sources of radium-226 will remain in DOC's
jurisdiction. The Commission intends to define the term ``discrete
source'' in a separate rulemaking.
Waiver of Notice and Comment Requirement
This rule revises the Commission's 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. Good cause exists under 5 U.S.C. 553(b)(3)(B) to publish this
final rule without soliciting public comment because public comment
under these circumstances would serve no useful purpose and therefore,
is unnecessary and contrary to the public interest.
Effective Date of Rule and Expiration of Time-Limited Waiver
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
AEA section 11e. by the EPAct. See Energy Policy Act of 2005
Requirements; Treatment of Accelerator-Produced and other Radioactive
Material as Byproduct
[[Page 20338]]
Material; Waiver, 70 FR 51581 (August 31, 2005).
The NRC has determined that this rule will pose no unreasonable
risk to the public health and safety or the common defense and
security.
II. Section by Section Analysis of Substantive Changes
Subpart A--General Provisions
Section 110.2. The definition of ``byproduct material'' has been
revised to be consistent with section 651(e)(1) of the EPAct which
amended the definition of byproduct material in section 11e. of the AEA
to place accelerator-produced material, discrete sources of radium-226,
and certain discrete sources of naturally occurring radioactive
material, other than source material, under NRC regulatory authority if
they are produced, extracted, or converted for use in commercial,
medical, or research activities.
The terms ``medical isotope,'' ``radiopharmaceutical,'' and
``Recipient Country'' have been added to this section consistent with
the section 630 of the EPAct which amended section 134 of the AEA.
Subpart D--Review of License Applications
Section 110.42. A new paragraph (a)(9) is amended to incorporate
the requirements set forth in section 630 of the EPAct regarding
medical isotope production.
Appendix L to Part 110--Illustrative List of Byproduct Materials
Under NRC Export/Import Licensing Authority. The list of byproduct
material in Appendix L is amended to add radium-226. Under the EPAct,
the definition of byproduct material was expanded to include discrete
sources of radium-226. The import or export of discrete sources of
radium-226 that are below the threshold limits for radium-226 listed in
Appendix P to part 110 may be accomplished through a general license
set forth in 10 CFR 110.23. In addition, a footnote is added to
Appendix L to indicate that the NRC has import and export authority
over any accelerator-produced material that was produced, extracted or
converted for use for a commerical medical, or research activity. A
second footnote is added to Appendix L to indicate that NRC has import
and export authority or discrete sources of radium-226.
Appendix P to Part 110--Category 1 and 2 Radioactive Material
Table 1.--Import and Export Threshold Limits
The list of category 1 and 2 radioactive material in Appendix P is
amended to add radium-226 and the corresponding threshold limits for
Category 1 and 2 quantities consistent with the values in Table 1 of
the IAEA Code of Conduct. A specific license is required for the import
or export of discrete sources of radium-226 meeting the threshold
quantities listed in Table 1 of Appendix P. A footnote is added to the
list in Appendix P to indicate that the NRC has import and export
authority over discrete sources of radium-226.
Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995 (Pub.
L. 104-113). requires that Federal Agencies use technical standards
that are developed or adopted by voluntary consensus standards bodies
unless using such a standard is inconsistent with applicable law or
otherwise impractical. This final rule does not constitute the
establishment of a standard for which the use of a voluntary consensus
standard would be applicable.
Environmental Impact: Categorical Exclusion
The NRC has determined that this final rule is type of action
described in categorical exclusion 10 CFR 51.22(c)(1). Therefore,
neither an environmental impact statement nor an environmental
assessment has been prepared for this final rule.
Paperwork Reduction Act Statement
This final rule implements the provisions of the Energy Policy Act
of 2005, sections 630, 651(d), and 651(e). The final rule does not
impact the information collection burden for 10 CFR part 110 licensees.
Any burden for licensing actions would be against NRC Form 7 (3150-
0027). However, few, if any, licensing actions are expected to be
submitted. Because the burden for this information collection is
insignificant, Office of Management and Budget (OMB) clearance is not
required. Existing requirements were approved by the OMB, approval
number 3150-0036.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or any information collection
requirement unless the requesting document displays a currently valid
OMB control number.
Regulatory Analysis
The EPAct, which was signed into law on August 8, 2005, amended the
definition of byproduct material in the Atomic Energy Act of 1954, as
amended to include discrete sources of radium-226 and conferred
regulatory authority of it to the NRC. Previously, radium-226 was under
the jurisdiction of the U.S. Department of Commerce. The NRC is
amending its regulations at 10 CFR part 110 to add radium-226 to the
list of radioactive material in Appendix P to part 110. Shipments of
radium-226 at or above the Category 2 level will require a specific
license. This change to part 110 fulfills the mandate from Congress in
section 651(d) and (e) of the EPAct and with the IAEA Code of Conduct.
Additionally, to implement section 630, ``Medical Isotope Production,''
of the EPAct, this final rule amends 10 CFR 110.42, ``Export licensing
criteria.'' There is no alternative to amending the regulations at 10
CFR part 110 to reflect changes in law. This final rule is expected to
have an insignificant increase in the information collection burden and
cost to the public for applications to export or import radium-226 at
the quantities listed in Appendix P to part 110.
Backfit Analysis
The NRC has determined that a backfit analysis is not required for
this rule because these amendments do not include any provisions that
would impose backfits as defined in 10 CFR Chapter I.
Congressional Review Act
Under the Congressional Review Act of 1996, the NRC has determined
that this action is not a major rule and has verified this
determination with the Office of Information and Regulatory Affairs of
OMB.
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.
0
For the reasons set out in the premble 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.
[[Page 20339]]
PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL
0
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, 134, 161, 170H., 181, 182, 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, 2160d., 2201, 2210h.,
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); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
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 110.30-110.135 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.).
0
2. In Sec. 110.2, the definition of Byproduct material is revised, and
definitions for Medical isotope, Radiopharmaceutical, and Recipient
Country are added in alphabetical order to read as follows:
Sec. 110.2 Definitions.
* * * * *
Byproduct material means
(1) Any radioactive material (except special nuclear material)
yielded in, or made radioactive by, exposure to the radiation incident
to the process of producing or utilizing special nuclear material;
(2) The tailings or wastes produced by the extraction or
concentration of uranium or thorium from ore (see 10 CFR 20.1003);
(3)(i) Any discrete source of radium-226 that is produced,
extracted, or converted after extraction, before, on, or after August
8, 2005, for use for a commercial, medical, or research activity; or
(ii) Any material that has been made radioactive by use of a
particle accelerator and is produced, extracted, or converted after
extraction, before, on, or after August 8, 2005 for use for a
commercial, medical, or research activity; and
(4) Any discrete source of naturally occurring radioactive
material, other than source material, that--
(i) The Commission, in consultation with the Administrator of the
Environmental Protection Agency, the Secretary of Energy, the Secretary
of Homeland Security, and the head of any other appropriate Federal
agency, determines would pose a threat similar to the threat posed by a
discrete source of radium-226 to the public health and safety or the
common defense and security; and
(ii) Before, on, or after August 8, 2005 is extracted or converted
after extraction for use in a commercial, medical, or research
activity.
* * * * *
Medical isotope, for the purposes of Sec. 110.42(a)(10), includes
Molybdenum 99, Iodine 131, Xenon 133, and other radioactive materials
used to produce a radiopharmaceutical for diagnostic, therapeutic
procedures or for research and development
* * * * *
Radiopharmaceutical, for the purposes of Sec. 110.42(a)(10), means
a radioactive isotope that contains byproduct material combined with
chemical or biological material and is designed to accumulate
temporarily in a part of the body for therapeutic purposes or for
enabling the production of a useful image for use in a diagnosis of a
medical condition.
Recipient Country, for the purposes of Sec. 110.42(a)(10), means
Canada, Belgium, France, Germany, and the Netherlands.
* * * * *
0
3. In Sec. 110.42, paragraph (a)(9)(i) is revised, paragraph
(a)(9)(ii) is redesignated as paragraph (a)(9)(iii), and new paragraph
(a)(9)(ii) is added to read as follows:
Sec. 110.42 Export licensing criteria.
(a) * * *
(9)(i) Except as provided in paragraph (a)(9)(ii) of this section,
exports of high-enriched uranium to be used as a fuel or target in a
nuclear research or test reactor, the Commission determines that:
(A) There is no alternative nuclear reactor fuel or tart enriched
to less than 20 percent in the isotope U-235 that can be used in that
reactor;
(B) The proposed recipient of the uranium has provided assurances
that, whenever an alternative nuclear reactor fuel or target can be
used in that reactor, it will use that alternative fuel or target in
lieu of highly-enriched uranium; and
(C) The United States Government is actively developing an
alternative nuclear reactor fuel or target that can be used in that
reactor.
(ii) With regard to a Recipient Country, the Commission may issue a
license authorizing the export of high-enriched uranium for medical
isotope production, including shipment to and use at intermediate and
ultimate consignees, if the Commission determines that:
(A) The Recipient Country has supplied an assurance letter to the
United States Government in connection with the consideration by the
Commission of the export license application has informed the United
States Government that any intermediate consignees and the ultimate
consignee specified in the export license application are required to
use the high-enriched uranium solely for the production of medical
isotopes; and
(B) The high-enriched uranium will be irradiated only in a reactor
in the Recipient Country that--
(1) Uses an alternative nuclear fuel; or
(2) Is the subject of an agreement with the United States
Government to convert to an alternative nuclear reactor fuel when
alternative nuclear reactor fuel can be used in the reactor.
* * * * *
0
4. Appendix L to part 110 is amended by adding new footnote a to the
title of Appendix L, by amending the list of byproduct material by
adding ``Radium-226 (Ra 226)'' in alphabetical order, and by adding new
footnote b to read as follows:
Appendix L to Part 110--Illustrative List of Byproduct Materials Under
NRC Export/Import Licensing Authority \a\
---------------------------------------------------------------------------
\a\ Any accelerator-produced material produced, extracted, or
converted for use for a commercial, medical, or research activity.
---------------------------------------------------------------------------
* * * * *
Radium-226 (Ra-226) \b\
---------------------------------------------------------------------------
\b\ Discrete sources of radium-226 (Ra-226).
---------------------------------------------------------------------------
* * * * *
0
5. Appendix P to part 110 is amended by adding ``Radium-226'' in
alphabetical order to Table 1. and new footnote a to read as follows:
Appendix P to Part 110--High Risk Radioactive Material
[[Page 20340]]
Table 1.--Import and Export Threshold Limits
----------------------------------------------------------------------------------------------------------------
Category 1 Category 2
-------------------------------------------------------------------
Radioactive material Terabequerels Terabequerels
(TBq) Curies (Ci) (TBq) Curies (Ci)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Radium-226 \a\.............................. 40 1,100 0.4 11
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Discrete sources of radium-226.
Dated at Rockville, Maryland, this 4th day of April, 2006.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. 06-3664 Filed 4-17-06; 8:45 am]
BILLING CODE 7590-01-M
