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Recent Rule Changes Affecting Part 110--Export and Import of Nuclear Equipment and MaterialFinal Rule Amending Part 110 Licensing Provisions and Adding New Appendix P: “Export and Import of Radioactive Material: Security Policies” (RIN 3150-AH44) Effective December 28, 2005Many links on this page are to documents in Adobe Portable Document Format (PDF). See our Plugins, Viewers, and Other Tools page for more information. For successful viewing of PDF documents on our site please be sure to use the latest version of Adobe. On this page:
OverviewOn July 1, 2005, the NRC published a final rule in the Federal Register (70 FR 37985) amending its regulations concerning the export and import of radioactive materials. The final rule is effective on December 28, 2005. The amended regulations will require certain licensees previously operating under general licenses to file for specific export and import licenses. Licensees will also have to provide advance notification to the NRC before shipment and will need to verify the recipient facility's licensing status. ApplicabilityThe final 10 CFR Part 110 licensing provisions will apply to specific and general licenses in effect on or after the effective date: December 28, 2005.
Supporting DocumentsFinal Rule
Press Releases
Destination List (for guidance on fees)Potential applicants should consult the Destination List (below) for Appendix P Export License Applications. This list includes countries that have preliminarily been found, based on currently available information, to have the appropriate technical and administrative capability, resources, and regulatory structure to manage material in a safe and secure manner. The initial filing fee for Appendix P export applications to any destination appearing on this list is currently $4,600 for Category 2 volumes, and $5,200 for Category 1 volumes. Fee amounts are updated annually. See 10 CFR Section 170.31 for the latest information on export/import fees.
OIP cautions that this is only a preliminary list that is intended solely as guidance for fees for potential export applications. The inclusion of a destination on this list does not constitute export approval, as each export application will be assessed on a case-specific basis. The omission of a destination from this list does not mean that licenses for exports to it of radioactive material will not be issued, although it is expected that licenses for exports to such countries will be for shorter terms, with the possibility of extension pending further evaluation. The destination list is subject to change, with both additions and deletions of countries, as the NRC in consultation with the Executive Branch, performs additional destination reviews and gains additional insight into these and other countries in the course of its review of export applications on a case-specific basis. In this regard, OIP notes that a higher filing fee would be charged if a destination is removed from the list subsequent to the filing of an application and before a decision on the application is made.
Country Points of Contact ListA new provision of the NRC's regulations (Sec. 110.50(b)(4)) requires licensees authorized to export or import Appendix P radioactive material to notify the NRC and, in cases of exports, the government of the importing country before each shipment. Licensees should consult the International Agency for Atomic Energy (IAEA
Pre-Shipment NotificationsThe notifications required by 10 CFR 110.50(b)(4) are to be emailed to hoo1@nrc.gov (preferred method) or faxed to 301-816-5151. In the subject line of the email or on the fax cover page include: "10 CFR 110.50(b)(4) Notification." To contact someone in the Operations Center, use the same e-mail address or call 301-816-5100. Difficulties notifying the U.S. Nuclear Regulatory Commission must be promptly reported to the Office of International Programs' Import/Export licensing staff at ip@nrc.gov or call 301-415-2342. Exporters/importers must notify other countries of shipments of Category 1 and 2 quantities in accordance with the specific notification requirements of the importing/exporting country. Notifying the U.S. NRC of an import/export does not satisfy the requirements, if any, of other countries. Similarly, notifying another country of an import/export does not satisfy the requirement to provide notice to the NRC under 10 CFR Sec. 110.50. Import/export licensees are encouraged to contact foreign governments and/or recipients to ensure compliance with notice requirements and obtain contact information for notifying other countries. Exporters may also use the IAEA's point of contact list (see above section "Country Points of Contact List"). A licensee that has already provided pertinent recipient information to the US NRC required by 10 CFR Sections 110.32(h) and/or 110.50(b)(4)(i)(H) is not required to resubmit this information with every subsequent shipment to the same recipient. No exemption is required from 10 CFR Sec. 110.50(b)(4)(i)(H) for previously submitted information. If the recipient information has expired (e.g., the recipient's authorization to receive the material becomes outdated), the licensee must submit a copy of the current authorization prior to shipment. Other Recent Part 110 Rule ChangesThe Commission periodically revises Part 110 through rulemaking. Recent Part 110 rulemakings that affect the licensing provisions governing exports and imports under NRC jurisdiction include
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) country list for points of contact in importing countries or contact NRC export and import