[Federal Register Volume 70, Number 100 (Wednesday, May 25, 2005)]
[Rules and Regulations]
[Pages 29934-29936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10391]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 110
RIN 3150-AH67
Export and Import of Nuclear Equipment and Material; Exports to
Syria Embargoed
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
export/import regulations to remove Syria from the list of restricted
destinations and add it to the list of embargoed destinations. This
amendment is necessary to conform the NRC's regulations with U.S. law
and foreign policy.
EFFECTIVE DATE: May 25, 2005.
ADDRESSES: Publicly available documents related to this rulemaking may
be viewed electronically on the public computers located at the NRC's
Public Document Room (PDR), Public File Area O1F21, One White Flint
North, 11555 Rockville Pike, Rockville, Maryland. The PDR reproduction
contractor will copy documents for a fee. 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
[[Page 29935]]
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: Kirk Foggie, International Relations
Specialist, Office of International Programs, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, telephone 301-415-2238, e-mail
[email protected], or Suzanne Schuyler-Hayes, International Policy Analyst,
Office of International Programs, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone 301-415-2333, e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
The purpose of this final rule is to conform NRC's export/import
regulations in 10 CFR Part 110, ``Export and Import of Nuclear
Equipment and Material'', with current U.S. Government law and policy
on Syria. The Executive Branch has requested that in light of the Syria
Accountability and Lebanese Sovereignty Restoration Act of 2003 (Pub.
L. 108-175) (SAA) and Executive Order (E.O.) 13338, Blocking Property
of Certain Persons and Prohibiting the Export of Certain Goods to Syria
(May 11, 2004), which implements that legislation, 10 CFR Part 110 be
amended by moving Syria from the restricted to the embargoed
destinations list.
The purpose of this rule is to move Syria from the list of
restricted destinations for exports at 10 CFR 110.29 to the list of
embargoed destinations at 10 CFR 110.28. This means that no nuclear
material or equipment can be exported to Syria under a general license
in 10 CFR 110.21-110.25.
Administrative Procedure Act
The provisions of the Administrative Procedure Act under 5 U.S.C.
553 requiring notice of proposed rulemaking, the opportunity for public
participation, and a 30-day delay in effective date are inapplicable
because this rule involves a foreign affairs function of the United
States (5 U.S.C. 553(a)(1)). Accordingly, this final rule is effective
immediately upon publication in the Federal Register.
This rule updates the NRC's regulations at 10 CFR Part 110
governing the export and import of nuclear equipment and materials to
incorporate the U.S. Government's foreign policy in light of changing
circumstances with respect to Syria. This rulemaking moves Syria from
the list of restricted destinations at 10 CFR 110.29 to the list of
embargoed destinations at 10 CFR 110.28. This action is being taken at
the request of the Executive Branch.
After enactment of the SAA, on May 11, 2004, the President issued
E.O. 13338, in which he determined that ``the actions of the Government
of Syria in supporting terrorism, continuing its occupation of Lebanon,
pursuing weapons of mass destruction and missile programs, and
undermining the United States and international efforts with respect to
the stabilization and reconstruction of Iraq constitute an unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States,'' and he declared a national emergency to
deal with that threat. To address that threat, and to implement the
SAA, he ordered, among other things, that ``No * * * agency of the
United States Government shall permit the exportation or reexportation
to Syria of any product of the United States, except to the extent
provided in regulations, orders, directives, or licenses that may be
issued pursuant to this order in a manner consistent with the SAA, and
notwithstanding any license, permit, or authorization granted prior to
the effective date of this order.'' Section 1.c. On this basis, the
U.S. Department of State recently requested that Syria be moved from
the list of restricted destinations at 10 CFR 110.29 to the list of
embargoed destinations at 10 CFR 110.28. The effect of moving Syria
from 10 CFR 110.29 to 10 CFR 110.28 will be to prohibit the export of
any nuclear material and components to Syria under general license.
The NRC has determined that moving Syria from the restricted list
to the embargoed list is consistent with current U.S. law and foreign
policy, and will pose no unreasonable risk to the public health and
safety or to the common defense and security of the United States.
Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995, Pub.
L. 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. This final rule 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 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 rule.
Paperwork Reduction Act Statement
This 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 current 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 currently controls exports to Syria as a restricted
destination in 10 CFR 110.29. There is no alternative to amending the
regulations to achieve the stated objective of embargoing nuclear
exports to Syria. This rule conforms the NRC's export controls to U.S.
law and foreign policy regarding Syria.
Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980, (5 U.S.C.
605(b)), the Commission certifies that this final rule will not have a
significant economic impact on a substantial number of small entities.
The rule affects only companies exporting nuclear equipment and
materials to Syria which 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
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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, 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); Sec. 1704, 112 Stat.
2750 (44 U.S.C. 3504 note).
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 110.30-110.135 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.).
Sec. 110.28 [Amended]
2. Section 110.28 is amended by adding Syria to the list of
embargoed destinations.
Sec. 110.29 [Amended]
3. Section 110.29 is amended by removing Syria from the list of
restricted destinations.
Dated at Rockville, Maryland, this May 3, 2005.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director For Operations.
[FR Doc. 05-10391 Filed 5-24-05; 8:45 am]
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