Comment on FR Doc # 2026-12702, NRC-2025-1370-0009, from Anonymous
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Summary: The commenter proposes specific amendments to the definitions of "uranium enrichment facility" and "uranium enrichment equipment" in 10 CFR 70.4. They argue these changes are necessary to resolve regulatory conflicts regarding laboratory-scale facilities and to ensure that component vendors are not unnecessarily burdened by licensing requirements for special nuclear material they do not possess.
Comment
The definition of “uranium enrichment facility” in 10 CFR 70.4 (with conforming changes to 10 CFR 40.4, 110.2, 150.3, and 170.3) should be modified:
Uranium enrichment facility means any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale facilities designed or used for experimental or analytical purposes only.
A definition of “uranium enrichment equipment” should be added to 10 CFR 70.4 (with conforming changes to 10 CFR 40.4, 110.2, 150.3, and 170.3) should be added:
Uranium enrichment equipment means any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235.
Background
There is a regulatory conflict within the existing definition of “uranium enrichment facility” – the exception in the definition for “laboratory scale facilities” is technically negated by the second part of the definition regarding “any equipment or device”. In accordance with the existing definition, a laboratory scale facility should still be considered a “uranium enrichment facility” because it uses equipment capable of separating/enriching uranium isotopes.
Furthermore, if a vendor supplies an "important component" of equipment capable of separating/enriching uranium isotopes, that vendor should not be required to be licensed as a “uranium enrichment facility” under 10 CFR Part 70. The purpose of 10 CFR Part 70 (per 10 CFR 70.1) is to license special nuclear material – a vendor that supplies an "important component" of equipment capable of separating/enriching uranium isotopes may not possess any special nuclear material. That equipment should only be regulated under 10 CFR 110 and any needed protection for classified matter/information.
Finally, the conforming changes would clarify that: (under 10 CFR Part 110) NRC maintains licensing, enforcement, and rulemaking procedures for the import/export of uranium enrichment equipment; (under 10 CFR Part 150) an Agreement State can license “laboratory scale facilities” that possess less than a critical mass of special nuclear material; and (under 10 CFR Part 170) Program Code 21200 is not appropriate for Uranium enrichment equipment.