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Title 10Chapter IPart 75 → Subject Group


Title 10: Energy
PART 75—SAFEGUARDS ON NUCLEAR MATERIAL—IMPLEMENTATION OF SAFEGUARDS AGREEMENTS BETWEEN THE UNITED STATES AND THE INTERNATIONAL ATOMIC ENERGY AGENCY
Information for Facilities, Locations, and Nuclear Material Outside Facilities


IAEA Nuclear Material Exemptions and Terminations

Source: 83 FR 19612, May 4, 2018, unless otherwise noted.

§75.26   Exemption from IAEA safeguards.

(a) The U.S. Government may request from the IAEA an exemption from IAEA safeguards with respect to nuclear material of the following types:

(1) Source and special nuclear material in gram quantities or less as a sensing component in instruments;

(2) Nuclear material used in nonnuclear activities; and

(3) Plutonium with an isotopic concentration of plutonium-238 exceeding 80 percent.

(b) Nuclear material exempted under paragraph (a) of this section must not exceed the quantity limits specified in the Safeguards Agreements.

(c) The NRC shall provide a prompt notification of an exemption issued by the IAEA to the applicable licensee, certificate holder, or nuclear material outside facilities.

§75.27   Requirements for facilities, locations, and nuclear material outside facilities after issuance of IAEA exemptions.

(a) Licensees of facilities. After the NRC has notified a licensee of a facility under §75.26(c) that the IAEA has approved the exemption requested under §75.26(a) of this part, the licensee:

(1) Shall submit reports to the NRC pursuant to §§75.6(c) and 75.31(a); and

(2) Shall not export any nuclear material identified under §75.26 until the NRC notifies the licensee that IAEA safeguards under the U.S.-IAEA Safeguards Agreement have been re-applied.

(b) Licensees of locations. A licensee of a location shall provide annual updates pursuant to §75.11(c) following notification from the NRC that the IAEA has approved the exemption requested under §75.26.

(c) Possessors of nuclear material outside facilities. After the NRC has notified a possessor of nuclear material outside facilities under §75.6(c) that the IAEA has approved the exemption requested under §75.26(a), a possessor of nuclear material outside facilities:

(1) Shall submit reports to the NRC pursuant to §§75.6(e) and 75.31(b); and

(2) Shall not export out of the U.S. Caribbean Territories any nuclear material identified under §75.26 until the NRC notifies the possessor that IAEA safeguards under the U.S.-IAEA Caribbean Territories Safeguards Agreement have been re-applied.

(d) Prohibition against commingling of nuclear material in storage. Licensees of facilities, licensees of locations, and possessors of nuclear material outside facilities shall not store nuclear material exempted under §75.26 together with nuclear material subject to Safeguards Agreements.

(e) Nuclear material exempted from IAEA safeguards under §75.26 is not subject to inspections by the IAEA.

§75.28   Termination from IAEA safeguards.

(a) Upon request of the U.S. Government, the IAEA may terminate IAEA safeguards on nuclear material that has been consumed, or has been diluted in such a way that it is no longer usable for any nuclear activity relevant from the point of view of safeguards, or has become practicably irrecoverable.

(b) The NRC will notify the affected licensees, certificate holders, and nuclear material outside facilities of the IAEA's termination of IAEA safeguards.

§75.29   Requirements for facilities, locations, and nuclear material outside facilities after termination from IAEA safeguards.

(a) Licensees of facilities. A licensee of a facility shall submit an Inventory Change Report pursuant to §§75.6(c) and 75.31(a) following notification from the NRC that IAEA safeguards have been terminated as described in §75.28.

(b) Licensees of locations. A licensee of a location shall provide annual updates pursuant to §75.11(c) following notification from the NRC that IAEA safeguards have been terminated as described in §75.28.

(c) Possessors of nuclear material outside facilities. A possessor of nuclear material outside facilities shall submit an Inventory Change Report pursuant to §§75.6(e) and 75.31(b) following notification from the NRC that IAEA safeguards have been terminated as described in §75.28.

(d) Nuclear material that has had IAEA safeguards terminated as described in §75.28 is not subject to inspections by the IAEA.

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