BASES AND GUIDANCE ON FISSILE MATERIAL EXEMPTION AND GENERAL LICENSES IN 10 CFR PART 71

Title 10 of the Code of Federal Regulations, Part 71 (10 CFR 71), issued in 2004, includes provisions for general licenses of fissile material shipments and criteria that allow licensees to exempt certain fissile material packages for transportation purposes. Since Part 71 was issued, the Nuclear Regulatory Commission (NRC) has received many requests for the interpretation of these requirements. A reference document is in development that is intended to provide guidance for the fissile material exception and general license regulations in 10 CFR §71.15, §71.22, and §71.23 for fissile material licensees. This reference document will include the background and technical basis behind the development of the current fissile exemption and general license criteria in 10 CFR Part 71. The background section of the report will include a discussion of an emergency final rule issued by the NRC in 1997 that amended the regulations in 10 CFR Part 71 regarding the shipment of exempt quantities of fissile material. The emergency final rule restricted the use of beryllium, graphite, and deuterium in shipments of fissile material in addition to consignment mass limits. These regulations in Part 71 were later modified in a 2004 rule-making to improve implementation and to address some potential issues that might lead to safety concerns. These modifications, in part, were based upon recommendations made in NUREG/CR-5342, Assessment and Recommendations for Fissile-Material Packaging Exemptions and General Licenses within 10 CFR Part 71. The concepts of fissile exemptions and general licenses will be presented in the reference document in addition to the technical bases for these requirements. In addition, realistic examples are in development to assist fissile material licensees in complying with fissile exemption and general license criteria.