[Federal Register Volume 68, Number 43 (Wednesday, March 5, 2003)]
[Proposed Rules]
[Pages 10410-10412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5169]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 68, No. 43 / Wednesday, March 5, 2003 / 
Proposed Rules  

[[Page 10410]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 40 and 150

RIN 3150-AH10


Source Material Reporting Under International Agreements

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend 
its regulations which require licensees to report their holdings of 
source material (uranium and thorium) to the agency. Currently, 
licensees are required to file a report with the NRC whenever they 
receive or transfer uranium or thorium mined outside the United States 
(U.S). The proposed amendment would require licensees to report the 
receipt or transfer of source material controlled under any of the 
various international Agreements for Peaceful Nuclear Cooperation. This 
change will enable the U.S. Government to maintain the comprehensive 
national inventory of nuclear materials required under these 
agreements. This proposed rule will also allow licensees additional 
flexibility in submitting their annual source material inventory 
statements. The proposed amendment would permit licensees to submit 
these statements along with their material status reports for special 
nuclear material.

DATES: Comments on the proposed rule must be received on or before 
April 4, 2003.

ADDRESSES: Submit comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attn: Rulemakings and 
Adjudications Staff.
    Deliver comments to 11555 Rockville Pike, Rockville, MD, between 
7:30 a.m. and 4:15 p.m. on Federal workdays.
    Certain documents related to this rulemaking, as well as all public 
comments received on this rulemaking, may be viewed and downloaded 
electronically via the NRC's rulemaking Web site at http://ruleforum.llnl.gov. You may also provide comments via this Web site by 
uploading comments as files (any format) if your web browser supports 
that function. For information about the interactive rulemaking site, 
contact Ms. Carol Gallagher (301) 415-5905; e-mail [email protected].
    Certain documents related to this rule, including comments received 
by the NRC, may be examined at the NRC Public Document Room, Room O-
1F23, 11555 Rockville Pike, Rockville, MD. For more information, 
contact the NRC Public Document Room (PDR) Reference staff at 1-800-
397-4209, 301-415-4737 or by email to [email protected].
    The NRC maintains an Agencywide Document Access and Management 
System (ADAMS), which provides text and image files of NRC's public 
documents. These documents may be accessed through the NRC's Public 
Electronic Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS or if there are 
problems in accessing the documents located in ADAMS, contact the NRC 
Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected].

FOR FURTHER INFORMATION CONTACT: Merri Horn, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001, telephone (301) 415-8126, e-mail, [email protected].

SUPPLEMENTARY INFORMATION: For additional information see the Direct 
Final Rule published in the final rules section of this Federal 
Register.

Procedural Background

    Because NRC considers this action noncontroversial and routine and 
because it is necessary in order to support the U.S. Government's 
obligations in this area, the NRC is publishing this proposed rule 
concurrently as a direct final rule. The direct final rule will become 
effective on October 1, 2003. However, if the NRC receives significant 
adverse comments on this direct final rule by April 4, 2003, then the 
NRC will publish a document that withdraws this action and will 
subsequently address the comments received in a final rule. Absent 
significant modifications to the proposed revisions requiring 
republication, the NRC will not initiate a second comment period on 
this action.
    A significant adverse comment is a comment where the commenter 
explains why the rule would be inappropriate, including challenges to 
the rule's underlying premise or approach, or would be ineffective or 
unacceptable without a change. A comment is adverse and significant if:
    (1) The comment opposes the rule and provides a reason sufficient 
to require a substantive response in a notice-and-comment process. For 
example, a substantive response is required when:
    (a) The comment causes the NRC staff to reevaluate (or reconsider) 
its position or conduct additional analysis;
    (b) The comment raises an issue serious enough to warrant a 
substantive response to clarify or complete the record; or
    (c) The comment raises a relevant issue that was not previously 
addressed or considered by the NRC staff.
    (2) The comment proposes a change or an addition to the rule, and 
it is apparent that the rule would be ineffective or unacceptable 
without incorporation of the change or addition.
    (3) The comment causes the staff to make a change (other than 
editorial) to the rule.

List of Subjects

10 CFR Part 40

    Criminal penalties, Government contracts, Hazardous materials 
transportation, Nuclear materials, Reporting and recordkeeping 
requirements, Source material, Uranium.

10 CFR Part 150

    Criminal penalties, Hazardous materials transportation, 
Intergovernmental relations, Nuclear materials, Reporting and 
recordkeeping requirements, Security measures, Source material, Special 
nuclear material.

    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; and 5 U.S.C. 552 and 553; the NRC is adopting 
the following amendments to 10 CFR parts 40 and 150.

[[Page 10411]]

PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL

    1. The authority citation for part 40 continues to read as follows:

    Authority: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 
Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs. 
11e(2),83, 84, Pub. L. 95-604, 92Stat. 3033, as amended, 3039, sec. 
234, 83 Stat. 444, as amended (42 U.S.C. 2014(e)(2), 2092, 2093, 
2094, 2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); sec. 
274, Pub. L. 86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as 
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 
5841, 5842, 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L. 
97-415, 96 Stat. 2067 (42 U.S.C. 2022); sec. 193, 104 Stat. 2835, as 
amended by Pub. L. 104-134, 110 Stat. 1321, 1321-349 (42 U.S.C. 
2243).

    Section 40.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 (42 U.S.C. 5851). Section 40.31(g) also issued under sec. 122, 
68 Stat. 939 (42 U.S.C. 2152). Section 40.46 also issued under sec. 
184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 40.71 also 
issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).

    2. In Sec.  40.4, the definition of Foreign obligations is added to 
read as follows:


Sec.  40.4  Definitions.

* * * * *
    Foreign obligations means the commitments entered into by the U.S. 
Government under Atomic Energy Act (AEA) section 123 agreements for 
cooperation in the peaceful uses of atomic energy. Imports and exports 
of material or equipment pursuant to such agreements are subject to 
these commitments, which in some cases involve an exchange of 
information on imports, exports, retransfers with foreign governments, 
peaceful end-use assurances, and other conditions placed on the 
transfer of the material or equipment. The U.S. Government informs the 
licensee of obligations attached to material.
* * * * *
    3. In Sec.  40.64, paragraphs (a) and (b) are revised to read as 
follows:


Sec.  40.64  Reports.

    (a) Except as specified in paragraphs (d) and (e) of this section, 
each specific licensee who transfers, receives, or adjusts the 
inventory, in any manner, of uranium or thorium source material with 
foreign obligations by 1 kilogram or more or who imports or exports 1 
kilogram of uranium or thorium source material shall complete a Nuclear 
Material Transaction Report in computer-readable format in accordance 
with instructions (NUREG/BR-0006 and NMMSS Report D-24, ``Personal 
Computer Data Input for NRC Licensees''). Copies of the instructions 
may be obtained from the U.S. Nuclear Regulatory Commission, Division 
of Nuclear Safety, Washington, DC 20555-0001. Each licensee who 
transfers the material shall submit a Nuclear Material Transaction 
Report in computer-readable format in accordance with instructions no 
later than the close of business the next working day. Each licensee 
who receives the material shall submit a Nuclear Material Transaction 
Report in computer-readable format in accordance with instructions 
within ten (10) days after the material is received. The Commission's 
copy of the report must be submitted to the address specified in the 
instructions. These prescribed computer-readable forms replace the DOE/
NRC Form 741 which has been previously submitted in paper form.
    (b) Except as specified in paragraphs (d) and (e) of this section, 
each licensee authorized to possess at any one time and location more 
than 1,000 kilograms of uranium or thorium, or any combination of 
uranium or thorium, shall submit to the Commission within 30 days after 
September 30 of each year or with the licensee's material status 
reports on special nuclear material filed under Part 72 or 74, a 
statement of its source material inventory with foreign obligations as 
defined in this part. This statement must be submitted to the address 
specified in the reporting instructions (NUREG/BR-0007), and include 
the Reporting Identification Symbol (RIS) assigned by the Commission to 
the licensee. Copies of the reporting instructions may be obtained from 
the U.S. Nuclear Regulatory Commission, Division of Nuclear Security, 
Washington, DC 20555-0001.
* * * * *

PART 150--EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN 
AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274

    4. The authority citation for Part 150 continues to read as 
follows:

    Authority: Sec. 161, 68 Stat. 948, as amended, sec. 274, 73 
Stat. 688 (42 U.S.C. 2201, 2021); sec. 201, 88 Stat. 1242, as 
amended (42 U.S.C. 5841).

    Sections 150.3, 150.15, 150.15a, 150.31, 150.32 also issued 
under secs. 11e(2), 81, 68 Stat. 923, 935, as amended, secs. 83, 84, 
92 Stat. 3033, 3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114). Section 
150.14 also issued under sec. 53, 68 Stat. 930, as amended (42 
U.S.C. 2073). Section 150.15 also issued under secs. 135, 141, Pub. 
L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 
150.17a also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). 
Section 150.30 also issued under sec. 234, 83 Stat. 444 (42 U.S.C. 
2282).

    5. In Sec.  150.3, the paragraph designations are removed, the 
definitions are arranged in alphabetical order, and the definition of 
Foreign obligations is added to read as follows:


Sec.  150.3  Definitions.

* * * * *
    Foreign obligations means the commitments entered into by the U.S. 
Government under Atomic Energy Act (AEA) section 123 agreements for 
cooperation in the peaceful uses of atomic energy. Imports and exports 
of material or equipment pursuant to such agreements are subject to 
these commitments, which in some cases involve an exchange of 
information on imports, exports, retransfers with foreign governments, 
peaceful end-use assurances, and other conditions placed on the 
transfer of the material or equipment. The U.S. Government informs the 
licensee of obligations attached to material.
* * * * *
    6. In Sec.  150.17, paragraphs (a) and (b) are revised to read as 
follows:


Sec.  150.17  Submission to Commission of source material reports.

    (a) Except as specified in paragraph (d) of this section and Sec.  
150.17a, each person who, pursuant to an Agreement State specific 
license, transfers or receives or adjusts the inventory in any manner 
by 1 kilogram or more of uranium or thorium source material with 
foreign obligations or who imports or exports 1 kilogram or more of 
uranium or thorium source material shall complete and submit in 
computer-readable format Nuclear Material Transaction Reports in 
accordance with instructions (NUREG/BR-0006 and NMMSS Report D-24, 
``Personal Computer Data Input for NRC Licensees''). Copies of the 
instructions may be obtained from the U.S. Nuclear Regulatory 
Commission, Division of Nuclear Security, Washington, DC 20555-0001. 
Each person who transfers the material shall submit a Nuclear Material 
Transaction Report in computer-readable format in accordance with 
instructions no later than the close of business the next working day. 
Each person who receives the material shall submit a Nuclear Material 
Transaction Report in computer-readable format in accordance with 
instructions within ten (10) days after the material is received. The 
Commission's copy of the report must be submitted to the address 
specified in the instructions. These prescribed computer-readable forms 
replace the DOE/NRC Form 741 which

[[Page 10412]]

has been previously submitted in paper form.
    (b) Except as specified in paragraph (d) of this section and Sec.  
150.17a, each person authorized to possess at any one time and 
location, under an Agreement State license, more than 1,000 kilograms 
of uranium or thorium, or any combination of uranium or thorium, shall 
submit to the Commission within 30 days after September 30 of each year 
or with the licensee's material status reports on special nuclear 
material filed under part 74, a statement of the licensee's source 
material inventory with foreign obligations as defined in this part. 
This statement must be submitted to the address specified in the 
reporting instructions (NUREG/BR-0007), and include the Reporting 
Identification Symbol (RIS) assigned by the Commission to the licensee. 
Copies of the reporting instructions may be obtained from the U.S. 
Nuclear Regulatory Commission, Division of Nuclear Security, 
Washington, DC 20555-0001.
* * * * *

    Dated at Rockville, Maryland, this 21st day of February, 2003.

    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 03-5169 Filed 3-4-03; 8:45 am]
BILLING CODE 7590-01-P