[Federal Register Volume 68, Number 102 (Wednesday, May 28, 2003)]
[Rules and Regulations]
[Pages 31587-31589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13216]



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 Rules and Regulations
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  Federal Register / Vol. 68, No. 102 / Wednesday, May 28, 2003 / Rules 
and Regulations  

[[Page 31587]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 110

RIN 3150-AH21


General License for Import of Major Nuclear Reactor Components

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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

SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations to issue a general license for the import of major 
components of utilization facilities for end-use at NRC-licensed 
reactors. The amendment is necessary to facilitate imports of major 
components of domestic nuclear reactors in furtherance of protection of 
public health and safety and will also reduce unnecessary regulatory 
burdens related to the maintenance of NRC-licensed reactors.

DATES: The final rule will become effective August 11, 2003, unless 
significant adverse comments on the amendment are received by June 27, 
2003. If the rule is withdrawn as a result of such comments, timely 
notice of the withdrawal will be published in the Federal Register. 
Comments received after June 27, 2003, will be considered if it is 
practical to do so, but the NRC is able to ensure only that comments 
received on or before this date will be considered.

ADDRESSES: You may submit comments by any one of the following methods. 
Please include the following number [RIN 3150-AH21] in the subject line 
of your comments. Comments on rulemakings submitted in writing or in 
electronic form will be made available to the public in their entirety 
on the NRC rulemaking web site. Personal information will not be 
removed from your comments.
    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
    E-mail comments to: [email protected]. If you do not receive a reply e-
mail confirming that we have received your comments, contact us 
directly at (301) 415-1966. You may also submit comments via the NRC's 
rulemaking Web site at http://ruleforum.llnl.gov. Address questions 
about our rulemaking website to Carol Gallagher (301) 415-5905; email 
[email protected].
    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
20852, between 7:30 am and 4:15 p.m. on Federal workdays.
    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 
(301) 415-1101.
    Publicly available documents related to this rulemaking may be 
examined and copied for a fee at the NRC's Public Document Room (PDR), 
Public File Area O1F21, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland. Selected documents, including comments, can be 
viewed and downloaded electronically via the NRC's rulemaking Web site 
at http://ruleforum.llnl.gov.
    Publicly available documents created or received at the NRC are 
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/NRC/reading-rm/adams.html. From this site, the public can 
gain entry into the NRC's Agencywide Document Access and Management 
System (ADAMS), which provides text and image files of NRC's public 
documents. 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 e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Grace H. Kim, Senior Attorney, Office 
of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001, telephone (301) 415-3605, e-mail [email protected].

SUPPLEMENTARY INFORMATION: 

I. The Direct Final Rule Process

    The rulemaking has the simple aim of issuing a new general license 
to facilitate the import of major nuclear reactor components. Because 
the NRC believes that this action should not cause controversy, the NRC 
is using the direct final rule process for this rule. The amendment in 
this rule will become effective on August 11, 2003. However, if the NRC 
receives significant adverse comments on this direct final rule by June 
27, 2003, the NRC will publish a document that withdraws this action. 
In that event, the comments received in response to these amendments 
would then be considered as comments on the companion proposed rule 
published elsewhere in this Federal Register, and the comments will be 
addressed in a later final rule based on that proposed rule. Unless the 
modifications to the proposed rule are significant enough to require 
that it be republished as a proposed rule, 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.

II. Background

    Increasingly, NRC licensees need to import nuclear reactor vessel 
closure heads (which are not currently manufactured in the United 
States) to replace vessel closure heads at NRC-licensed reactors. Under 
the NRC's regulations governing the import and export of nuclear 
equipment in 10 CFR Part 110, this item, constituting a

[[Page 31588]]

significant part of the reactor pressure vessel, is categorized as a 
``major component'' of a nuclear reactor, along with three other 
significant parts of a nuclear reactor. See 10 CFR 110.2 (definition of 
``Utilization facility''); 10 CFR Part 110, Appendix A (defining 
``Reactor pressure vessels''). The NRC's regulations currently require 
a specific license for importing and exporting any of these four major 
components of a nuclear reactor into and out of the United States. See 
10 CFR 110.5 and 110.20(a)(2).
    In anticipation of requests for imports of reactor vessel closure 
heads and possibly other major components, the NRC reexamined the need 
for a specific license authorization for import of major components 
into the United States. After consultation with the U.S. Department of 
State, the NRC has concluded that major components of a nuclear reactor 
should be permitted to be imported into the United States under general 
license, provided that legally binding arrangements are in place 
establishing that the import is for end-use by a 10 CFR Part 50 or Part 
52 licensee. The NRC believes that such a general license will 
facilitate domestic reactor licensees' obtaining needed major 
components for safety-related maintenance and refurbishing of the 
reactor by permitting import of these items. The NRC has determined 
that the promulgation of this general license will not be inimical to 
the common defense and security or constitute an unreasonable risk to 
the public health and safety and will otherwise meet applicable 
statutory requirements.
    The NRC emphasizes that the amendment set forth in this rule does 
not apply to exports of those components addressed in this regulation.

Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, 
Public Law 104-113, requires that Federal agencies use technical 
standards that are developed or adopted by voluntary consensus 
standards bodies unless using such a standard is inconsistent with 
applicable law or otherwise impractical. In this direct final rule, the 
NRC is adopting a general rule for a certain category of imports. This 
action does not constitute the establishment of a standard for which 
the use of a voluntary consensus standard would be applicable.

Environmental Impact: Categorical Exclusion

    The NRC has determined that this direct final rule is the type of 
action described in categorical exclusion 10 CFR 51.22(c)(1). 
Therefore, neither an environmental impact statement nor an 
environmental assessment has been prepared for the regulation.

Paperwork Reduction Act Statement

    This direct final rule does not contain new or amended information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the 
Office of Management and Budget, approval number 3150-0036.

Public Protection Notification

    If a means used to impose an information collection does not 
display a currently valid OMB control number, the NRC may not conduct 
or sponsor, and a person is not required to respond to, the information 
collection.

Regulatory Analysis

    The NRC already controls imports of major components of utilization 
facilities. Currently, the NRC's import regulations in part 110 require 
a specific license to import these components into the United States. 
The NRC's sole objective in developing the revision is to facilitate 
imports of major nuclear reactor components for end-use in safety-
related maintenance and refurbishment efforts at NRC-licensed reactors 
by reducing the unnecessary burdens imposed by specific licensing. The 
direct final rule accomplishes this objective by permitting imports of 
major components to be made under general license. There are no 
alternatives for achieving the stated objective. By facilitating 
maintenance of NRC-licensed reactors, this NRC rulemaking action will 
have a positive impact on protection of the public health and safety 
and the common defense and security and, at the same time, reduce 
unnecessary regulatory burdens. In this respect, the NRC believes that 
no persons will be adversely affected by this rule.

Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 
605(b)), the Commission certifies that this direct final rule will not 
have a significant economic impact on a substantial number of small 
entities. The rule affects only companies importing major components 
for end-use at nuclear power plants. The companies that own these 
plants do not fall within the scope of the definition of ``small 
entities'' set forth in the Regulatory Flexibility Act (5 U.S.C. 
601(3)), or the Size Standards established by the NRC (10 CFR 2.810).

Backfit Analysis

    The NRC has determined that a backfit analysis is not required for 
this direct final rule because these amendments do not include any 
provisions that would impose backfits as defined in 10 CFR chapter I.

Small Business Regulatory Enforcement Fairness Act

    In accordance with the Small Business Regulatory Enforcement 
Fairness Act of 1996, the NRC has determined that this action is not a 
major rule and has verified this determination with the Office of 
Information and Regulatory Affairs of OMB.

List of Subjects in 10 CFR Part 110

    Administrative practice and procedure, Classified information, 
Criminal penalties, Export, Import, Intergovernmental relations, 
Nuclear materials, Nuclear power plants and reactors, Reporting and 
recordkeeping requirements, Scientific equipment.

0
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 part 110.

PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL

0
1. The authority citation for part 110 continues to read as follows:

    Authority: Secs. 51, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104, 
109, 111, 126, 127, 128, 129, 161, 181, 182, 183, 187, 189, 68 Stat. 
929, 930, 931, 932, 933, 936, 937, 948, 953, 954, 955, 956, as 
amended (42 U.S.C. 2071, 2073, 2074, 2077, 2092-2095, 2111, 2112, 
2133, 2134, 2139, 2139a, 2141, 2154-2158, 2201, 2231-2233, 2237, 
2239); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841; sec 5, 
Pub. L. 101-575, 104 Stat 2835 (42 U.S.C.2243).

    Sections 110.1(b)(2) and 110.1(b)(3) also issued under Pub. L. 
96-92, 93 Stat. 710 (22 U.S.C. 2403). Section 110.11 also issued 
under sec. 122, 68 Stat. 939 (42 U.S.C. 2152) and secs. 54c and 
57d., 88 Stat. 473, 475 (42 U.S.C. 2074). Section 110.27 also issued 
under sec. 309(a), Pub. L. 99-440. Section 110.50(b)(3) also issued 
under sec. 123, 92 Stat. 142 (42 U.S.C. 2153). Section 110.51 also 
issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). 
Section 110.52 also issued under sec. 186, 68 Stat. 955 (42 U.S.C. 
2236). Sections 110.80-110.113 also issued under 5 U.S.C. 552, 554. 
Sections 110.130-110.135 also issued under 5 U.S.C. 553. Sections 
110.2 and 110.42(a)(9) also issued under sec. 903, Pub. L. 102-496 
(42 U.S.C. 2151 et seq.).


[[Page 31589]]



0
2. Section 110.27 is amended by adding new paragraph (e), to read as 
follows:


Sec.  110.27  General license for imports.

* * * * *
    (e) A general license is issued to any person to import the major 
components of a utilization facility as defined in Sec.  110.2 for end-
use at a utilization facility licensed by the Commission.

    Dated at Rockville, Maryland, this 9th day of May, 2003.

    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director For Operations.
[FR Doc. 03-13216 Filed 5-27-03; 8:45 am]
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