« PreviousContinue »
under which nuclear equipment or ma- receive, possess, deliver, use or transterial has been exported;
fer nuclear equipment or material. (2) Assisted, encouraged or induced (4) Each nuclear material license auany non-nuclear weapon state to thorizes the export or import of only engage in activities involving source or the nuclear material and accompany. special nuclear material and having ing packaging and fuel element harddirect significance for the manufac- ware. ture or acquistion of nuclear explosive (5) No nuclear equipment license devices, and failed to take steps which confers authority to export or import represent sufficient progress toward nuclear material. terminating such assistance, encour (6) Each nuclear equipment export agement or inducement; or
license authorizes the export of only (3) Entered into an agreement for those items required for use in the forthe transfer of reprocessing equip eign nuclear installation for which the ment, materials or technology to the items are intended. sovereign control of a non-nuclear (7) A licensee shall not proceed to weapon state, except in connection
export or import and shall notify the with an international fuel cycle evalu Commission promptly if he knows or ation in which the United States is a
has reason to believe that the packag. participant or pursuant to an interna
ing requirements of Part 71 of this tional agreement or understanding to chapter have not been met. which the United States subscribes.
(b) Specific licenses. (1) Each specif. (c) If, pursuant to section 129 of the ic license will have an expiration date. Atomic Energy Act, the President
(2) A licensee may export or import waives the requirement for the termi
only for the purpose stated in his lination of exports to a country de
cense application, except when any scribed in paragraph (a) or (b) after
nuclear equipment exported pursuant determining in writing that the cessa
to his license is scrapped or otherwise tion of exports would seriously preju
rendered unsuitable for any nuclear dice the achievement of United States
related end use. non-proliferation objectives or other
(3) A licensee shall promptly return wise jeopardize the common defense
any license which is completed, exand security, the Commission may
pired, revoked or unused (or partially issue licenses if other applicable statu
used and not intended to be used furtory provisions are met.
ther) to the Assistant Director for
Export/Import and International Subpart F-License Terms and Safeguards, U.S. Nuclear Regulatory Related Provisions
Commission, Washington, D.C. 20555.
(4) [Reserved) $ 110.50 Terms.
(5) A licensee authorized to export (a) General and specific licenses. or import special nuclear material is (1) Each license is subject to all ap
responsible for compliance with the plicable provisions of the Atomic
physical protection requirements of Energy Act and to all applicable rules,
Part 73 of this chapter, unless a doregulations, decisions and orders of
mestic licensee of the Commission has the Commission.
assumed that responsibility and the (2) Each license is subject to amend
Commission has been so notified. ment, suspension, revocation or incor
(6) A license may be transferred, asporation of separate conditions when signed or disposed of to another required by amendments of the
person only with the approval of the Atomic Energy Act or other applicable Commission by license amendment. law, or by other rules, regulations, decisions or orders issued in accordance
$ 110.51 Amendment and renewal of li. with the terms of the Atomic Energy
censes. Act or other applicable law.
(a) A licensee may submit a request (3) Each license authorizes export or to renew his license or to amend any import only and does not authorize part of his license, except that any person to receive title to, acquire, changes in the value of nuclear equip
m ent already authorized for export do Subpart G–Violations and not require a license amendment.
Enforcement (b) If a licensee submits a renewal request at least 30 days prior to the li $110.60 Violations. cense's scheduled expiration date, the
(a) A licensee who violates a provilicense will remain valid until the
sion of the Atomic Energy act or title Commission has acted on his request.
II of the Energy Reorganization Act (c) The Commission will review re
or of any rule, regulation, license, or quests for amendments using, as ap
order promulgated under these Acts propriate, the same procedures and
may be guilty of a crime, and, upon standards as for original license appli
conviction, may be punished by fine cations.
and imprisonment as provided by lau.
(b) An injuction or other court order $ 110.32 Revocation, suspension, and
may be obtained to prohibit any such modification.
violation. (a) A license may be revoked, sus (c) A court order may be obtained pended, or modified for a condition for payment of a civil penalty imposed which would warrant denial of the pursuant to section 234 of the Atomic original license application.
Energy Act. (b) The Commission may require (d) A violation may result in the revfurther information from a licensee to ocation, suspension, or modification of determine whether a license should be a license. revoked, suspended, or modified.
(c) Except when the common de- 8110.61 Notice of violation. fense and security or public health (a) Before instituting any enforceand safety requires otherwise, no li ment action the Commission will serve cense will be revoked, suspended, or on the licensee written notice of violamodified before the licensee is in- tion, except as provided in paragraph formed in writing of the grounds for (d). such action and afforded the opportu (b) The notice will state the alleged nity to reply and be heard under pro violation; require the licensee to recedures patterned on those in Subpart
spond in writing, within 20 days or J.
other specified time; and may also re
quire the licensee to state the correc$ 110.53 United States address, records,
tive steps taken or to be taken and the and inspections.
date when full compliance will be
achieved. (a) Each licensee shall have an office in the United States where papers
(c) The notice may provide that, if
an adequate and timely reply is not remay be served and where records re
ceived, an order to show cause may be quired by the Commission will be
issued pursuant to $ 110.62 or a promaintained.
ceeding instituted to impose a civil (b) Each licensee shall maintain re
penalty pursuant to $ 110.64. cords concerning his exports or im
(d) The notice may be omitted and ports for 5 years after each export or an order to show cause issued when import, except that by product materi the Commission determines that the al records shall be maintained for 2 violation is willful or that the public years.
health, safety, or interest so requires. (c) Each licensee shall permit the Commission to inspect his records,
$110.62 Order to show cause. premises, and activities pertaining to (a) In response to an alleged violahis exports and imports when neces tion, described in $110.60, the Comsary to fulfill the requirements of the mission may institute a proceeding to Atomic Energy Act.
revoke, suspend, or modify a license by issuing an order to show cause:
(1) Stating the alleged violation and proposed enforcement action; and
(2) Informing the licensee of his right, within 20 days or other specified time, to file a written answer and demand a hearing.
(b) An answer consenting to the proposed enforcement action shall constitute a waiver by the licensee of a hearing and of all rights to seek further Commission or judicial review.
(c) The order to show cause may be omitted and an order issued to revoke, suspend, or modify the license in cases where the Commission determines that the violation is willful or that the public health, safety, or interest so requires.
8 110.63 Order for revocation, suspension,
or modification. (a) In response to an alleged violation described in $ 110.60, the Commission may revoke, suspend, or modify a license by issuing an order:
(1) Stating the violation and the effective date of the proposed enforcement action; and
(2) Informing the licensee of his right, within 20 days or other specified time, to file a written answer and demand a hearing.
(b) If an answer is not filed within the time specified, the enforcement action will become effective and permanent as proposed.
(c) If a timely answer is filed, the Commission, after considering the answer, will issue an order dismissing the proceeding, staying the effectiveness of the order or taking other appropriate action.
(d) The order may be made effective immediately, with reasons stated, pending further hearing and order, when the Commission determines that the violation is willful or that the public health, safety, or interest so requires.
(2) Informing the licensee of his right, within 20 days or other specified time, to file a written answer; and
(3) Advising that a delinquent pay. ment for a subsequently imposed penalty may be referred to the Attorney General for collection pursuant to section 234c. of the Atomic Energy Act.
(b) If an answer is not filed within the time specified, the Commission will issue an order imposing the proposed penalty.
(c) If a timely answer is filed, the Commission, after considering the answer, will issue an order dismissing the proceeding or imposing a penalty subject to any required hearing.
(d) If an order imposing a civil penalty is issued, the licensee may request a hearing within 20 days or other specified time.
(e) Except when the matter has been referred to the Attorney General for collection, payment of penalties shall be made by check, draft, or money order payable to the Treasurer of the United States, and mailed to the Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555.
(f) An enforcement action to impose a civil penalty will not itself revoke, modify, or suspend any license under this part.
$ 110.65 Settlement and compromise.
At any time after issuance of an order for any enforcement action under this subpart, an agreement may be entered into for settlement of the proceeding or compromise of a penal. ty. Upon approval by the Commission. or presiding officer if a hearing has been requested, the terms of the settlement or compromise will be embodied in the order disposing of the enforcement action.
$ 110.61 Civil penalty.
(a) In response to a violation, the Commission may institute a proceeding to impose a civil penalty under section 234 of the Atomic Energy Act by issuing a notice to the licensee:
(1) Stating the alleged violation and the amount of the proposed penalty;
$ 110.66 Enforcement hearing.
(a) If the licensee demands a hearing, the Commission will issue an order specifying the time and place.
(b) A hearing pursuant to this subpart will be conducted under the procedures in Subpart G of Part 2.
Subpart H-Public Notification and Availability of Documents and Records
$110.70 Public notice of receipt of an ap
plication. (a) The Commission will notice the receipt of each export or import license application by placing a copy in the Public Document Room.
(b) The Commission will also notice in the FEDERAL REGISTER, receipt of applications for:
(1) Production and utilization facilities;
(2) One effective kilogram or more of special nuclear material; and
(3) 10,000 kilograms or more of source material, heavy water, or nuclear grade graphite.
(c) Periodic lists of applications received may be obtained upon request addressed to the Assistant Director for Export/Import and International Safeguards, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555.
(h) If a hearing is held, the hearing record and decision:
(i) A statement of staff conclusions; and
(j) The license, requests for license amendments and amendments. $110.73 Availability of NRC records.
(a) Commission records under this part will be made available to the public only in accordance with Part 9 of this chapter.
(b) Proprietary information provided under this part may be protected under Part 9 and $ 2.790 (b), (c), and (d) of this chapter.
Subpart -Public Participation Proce
dures Concerning License Applications
$110.80 Basis for hearings.
The procedures in this part will constitute the exclusive basis for hearings on export license applications.
$ 110.71 Notice of withdrawal of an appli
cation. The Commission will notice the withdrawal of an application by placing a copy of the withdrawal request in the Public Document Room.
$ 110.81. Written comments.
(a) The Commission encourages written comments from the public regarding export and import license applications. The Commission will consider and, if appropriate, respond to these comments.
(b) If possible, these comments should be submitted within 30 days after public notice of receipt of the application and addressed to the Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, Attention: Chief, Docketing and Service
(c) The Commission will provide the applicant with a copy of the comments and, if appropriate, a reasonable opportunity for response.
$ 110.72 Availability of documents in the
Public Document Room. Unless exempt from disclosure under Part 9 of this chapter, the following documents pertaining to each license application and license will be made available in the Public Document Room:
(a) The license application and any requests for amendments;
(b) Commission correspondence with the applicant or licensee; (c) FEDERAL REGISTER notices; (d) The Commission letter request
sion letter request ing Executive Branch views;
(e) Correspondence from the State Department with Executive Branch views;
(f) Correspondence from foreign governments and international organi zations;
(g) Filings pursuant to Subpart I and Commission and Executive Branch responses, if any;
8 110.82 Hearing request or intervention
petition. (a) A person may request a hearing or petition for leave to intervene on a license application.
(b) Hearing requests and intervention petitions shall:
(1) State the name, address and telephone number of the requestor or petitioner;
(2) Set forth the issues sought to be raised;
(3) Explain why a hearing or an in- may be affected, the Commission will tervention would be in the public in consider: terest and how a hearing or interven (1) The nature of the alleged intertion would assist the Commission in est; making the determinations required (2) How that interest relates to issuby sections 53, 57c, 63, 64, 69, 81, 82, ance or denial; and 103, 104, 109, 126, 127, or 128 of the (3) The possible effect of any order Atomic Energy Act, as appropriate; on that interest, including whether
(4) Specify, when a person asserts the relief requested is within the Comthat his interest may be affected, both mission's authority, and, if so, whether the facts pertaining to his interest and granting relief would redress the alhow it may be affected, with particu- leged injury. lar reference to the factors in $ 110.84. (c) Untimely hearing requests or in
(c) Hearing requests and interven- tervention petitions may be denied tion petitions will be considered timely unless good cause for failure to file on only if filed not later than:
time is established. In reviewing un(1) 30 days after notice of receipt in timely requests or petitions, the Comthe FEDERAL REGISTER, for those appli mission will also consider: cations published in the FEDERAL REG (1) The availability of other means ISTER;
by which the requestor's or petition. (2) 15 days after notice of receipt in er's interest, if any, will be protected the Public Document Room, for all
or represented by other participants in other applications; or
a hearing; and (3) Such other time as may be pro
(2) The extent to which the issues vided by the Commission.
will be broadened or action on the ap
plication delayed. $ 110.83 Answers and replies.
(d) Prior to granting or denying a (a) Unless otherwise specified by the
hearing request or intervention peti.
tion, the Commission may request furCommission, an answer to a hearing
ther information from the petitioner, request or intervention petition may
requestor, the Commission staff, the be filed within 30 days after the re
Executive Branch or others, and will quest or petition has been filed, for
not grant a hearing request prior to those applications noticed in the FED
receipt and evaluation of Executive ERAL REGISTER, or within 10 days for
Branch views on the license applicaall other applications.
tion. (b) Unless otherwise specified by the
(e) The Commission will deny a reCommission, a reply to an answer may
quest or petition that pertains solely be filed within 10 days after all timely
to matters outside its jurisdiction. answers have been filed.
(f) If an issue has been adequately (c) Answers and replies should ad
explored in a previous licensing heardress the factors in $ 110.84.
ing conducted pursuant to this part, a 8 110.84 Commission action on a hearing
request for a new hearing in connec
tion with that issue will be denied request or intervention petition.
unless: (a) In an export licensing proceed (1) A hearing request or intervention ing, or in an import licensing proceed petition establishes that an interest ing in which a hearing request or in- may be affected; or tervention petition does not assert or (2) The Commission determines that establish an interest which may be af changed circumstances or new inforfected, the Commission will consider:
mation warrant a new hearing. (1) Whether a hearing would be in (g) After consideration of the fac the public interest; and
covered by paragraphs (a) through (f), (2) Whether a hearing would assist the Commission will issue a notice or the Commission in making the statu order granting or denying a hearing tory determinations required by the request or intervention petition. Upon Atomic Energy Act.
the affirmative vote of two Commis(b) If a hearing request or interven- sioners a hearing will be ordered. A tion petition asserts an interest which notice granting a hearing will be pub