(a) In response to a request or on its own initiative, the Commission may grant an exemption from the regulations in this part, if it determines that the exemption:
(1) Is authorized by law;
(2) Is not inimical to the common defense and security; and
(3) Does not constitute an unreasonable risk to the public health and safety.
(b) An exemption from statutory licensing requirements, as authorized by sections 57d, 62, and 81 of the Atomic Energy Act, will be granted only after coordination with the Executive Branch.
(c) The granting of an exemption does not relieve any person from complying with the regulations of other U.S. Federal and/or State government agencies applicable to exports or imports under their authority.
[49 FR 47198, Dec. 3, 1984, as amended at 58 FR 13003, Mar. 9, 1993; 65 FR 70290, Nov. 22, 2000; 75 FR 44087, July 28, 2010]
(a) A person is exempt from the requirements for a license to export special nuclear, source, and byproduct material set forth in sections 53, 54d, 64, 81 and 82 of the Atomic Energy Act and from the regulations in this part to the extent that the person exports special nuclear, source, or byproduct material in IAEA safeguards samples. The samples must be exported in accordance with § 75.8 of this chapter, or a comparable U.S. Department of Energy order, and:
(1) For special nuclear material, be in quantities not exceeding a combined total of 100 grams of contained plutonium, uranium-233, and uranium-235 per facility per year;
(2) For source material, be in quantities not exceeding 5 kilograms per facility per year; and
(3) For byproduct material, be in quantities not exceeding the values in § 30.71 of this chapter per shipment.
(b) This exemption does not relieve any person from complying with parts 71 or 73 of this chapter or any Commission order under section 201(a) of the Energy Reorganization Act of 1974 (42 U.S.C. 5841(a)).
[77 FR 27114, May 9, 2012]
authority: Atomic Energy Act of 1954, secs. 11, 51, 53, 54, 57, 62, 63, 64, 65, 81, 82, 103, 104, 109, 111, 121, 122, 123, 124, 126, 127, 128, 129, 133, 134, 161, 170H, 181, 182, 183, 184, 186, 187, 189, 223, 234 (
42 U.S.C. 2014,
2071,
2073,
2074,
2077,
2092,
2093,
2094,
2095,
2111,
2112,
2133,
2134,
2139,
2141,
2151,
2152,
2153,
2154,
2155,
2156,
2157,
2158,
2160c,
2160d,
2201,
2210h,
2231,
2232,
2233,
2234,
2236,
2237,
2239,
2273,
2282; Energy Reorganization Act of 1974, sec. 201 (
42 U.S.C. 5841); Administrative Procedure Act (
5 U.S.C. 552,
553;
42 U.S.C. 2139a,
2155a;
44 U.S.C. 3504 note
source: 43 FR 21641, May 19, 1978, unless otherwise noted.
cite as: 10 CFR 110.11