[Federal Register Volume 71, Number 71 (Thursday, April 13, 2006)]
[Rules and Regulations]
[Pages 19102-19104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3551]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 110
RIN 3150-AH89
Revision of NRC Form 7, Application for NRC Export/Import
License, Amendment, or Renewal
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations that govern the export and import of nuclear material and
equipment concerning the use of NRC Form 7, ``Application for NRC
Export/Import License, Amendment, or Renewal.'' Recently, the
Commission revised NRC Form 7 to consolidate all license requests
(i.e., applications for export, import, combined export/import,
amendments and renewals) in one application form. Previously, NRC Form
7 was used only for applications for export of nuclear material and
equipment. Import license applications, production or utilization
facility export applications, and license amendment and renewal
applications were filed by letter. As a result of the revision, these
requests previously made by letter, now will be made using NRC Form 7.
The purpose of this change is to amend the regulations that govern
export and import of nuclear material and equipment to reflect that all
license requests are to be made using NRC Form 7, as revised.
DATES: The final rule will become effective June 27, 2006, unless a
significant adverse comment on the direct final rule is received by May
15, 2006. If the rule is withdrawn as a result of such a comment,
timely notice of the withdrawal will be published in the Federal
Register. Comments received after May 15, 2006 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-AH89 in the subject line
of your comments. Comments on rulemakings submitted in writing or in
electronic form will be made available for public inspection. Because
your comments will not be edited to remove any identifying or contact
information, the NRC cautions you against including personal
information such as social security numbers and birth dates in your
submissions.
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 Web site to Carol Gallagher (301) 415-5905; e-mail
[email protected]. Comments also can be submitted via the Federal eRulemaking
Portal http://regulations.gov.
Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. 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
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. Selected documents,
including comments, may be viewed and downloaded electronically via the
NRC rulemaking Web site at http://ruleforum.llnl.gov.
Publicly available documents created or received at the NRC after
November 1, 1999, 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: Brooke G. Smith, International Policy
Analyst, Office of International Programs, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, telephone (301) 415-2347, e-mail
[email protected].
SUPPLEMENTARY INFORMATION:
I. The Direct Final Rule Process
This direct final rule amends 10 CFR part 110 to reflect revisions
made to NRC Form 7 regarding the method for filing import and export
license requests. All licensing requests, i.e., exports, imports,
combined export/import, amendment, and renewal applications will be
made using revised NRC Form 7. Import license applications, production
or utilization facility export license applications, and import/export
license amendment and renewal applications will no longer be filed by
letter. This direct final rule codifies the revisions to NRC Form 7 in
10 CFR part 110.
Because the NRC believes that this action is not controversial, the
NRC is using the direct final rule process for this rule. The direct
final rule will become effective on June 27, 2006. However, if the NRC
receives a significant adverse comment on this direct final rule by May
15, 2006, 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. 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;
[[Page 19103]]
(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
The NRC is amending its regulations under 10 CFR part 110
concerning the use of NRC Form 7. NRC Form 7, ``Application for Export
of Nuclear Material and Equipment'' is being revised as NRC Form 7,
``Application for NRC Export/Import License, Amendment or Renewal.''
All licensing requests (i.e., exports, imports, combined export/import,
amendment, and renewal applications) will be made using revised NRC
Form 7.
Previously, NRC Form 7 was used only for applications for export of
nuclear material and equipment. Import license applications and
production or utilization facility export applications were filed by
letter under 10 CFR 110.31(c) (OMB Clearance Number 3150-0036). Section
110.31(c) is amended to require import license applications and
production and utilization facility export applications to be filed
using revised NRC Form 7. Previously, applications for export/import
license amendments and license renewals were filed by letter under 10
CFR 110.51(a) (OMB Clearance Number 3150-0036). Section 110.51(a) is
amended to require applications for license amendments and license
renewals to be filed using NRC revised Form 7.
This direct final rule, by revising the method of filing license
applications for import licenses, production and utilization export
licenses, and import/export license amendment and renewal requests,
will eliminate the burden under the Paperwork Reduction Act to those
applicants and licensees previously filing applications under 10 CFR
part 110 (OMB Clearance No. 3150-0036) and transfers that burden to the
NRC Form 7 (OMB Clearance No. 3150-0027). Sections 110.7(b) and (c) are
amended by this direct final rule to reflect this change.
Below is a summary of the type of information required in NRC Form
7, as revised. NRC Form 7 is divided into five parts. Part A is for the
NRC's internal use. Part B must be completed by all applicants and
requires that the applicant provide its name, contact, physical
address, phone number, type of licensing action, first and last
shipment date, and proposed expiration date. Part C must be completed
for export or combined export/import licenses, amendments, or renewal
requests. The type of information required in Part C includes names and
addresses of suppliers and other parties to the export, names and
addresses of intermediate and ultimate locations, type of licensing
action, functions to be performed, physical addresses where
correspondence should be sent, and where exports could be inspected.
Part C also requires a description of key characteristics including
physical and chemical forms of the radioactive materials, sealed
sources, nuclear facilities, equipment, or components. The maximum
total volume, element weight, or total activity also must be provided.
Part D must be completed for import or combined export/import licenses,
amendments, or renewal requests. It requires information similar to
that required in Part C; however, Part D also requires that the
applicant provide the NRC or Agreement State Materials License
number(s) including the expiration date(s) for each U.S. consignee.
Part E must be completed by all applicants. In Part E, the applicant
must verify whether domestic recipients' authorizations required for
Appendix P materials are included with the application. The applicant
also must provide a signature certification that all information in the
application is prepared in conformity with 10 CFR part 110, and that
all information provided is correct to the best of the applicant's
knowledge.
The NRC has determined that this rule will pose no unreasonable
risk to the public health and safety or the common defense and
security.
Plain Language
The Presidential memorandum ``Plain Language in Government
Writing'' published June 10, 1998 (63 FR 31883) directed that the
Government's documents be in clear and accessible language. The NRC
requests comments on the direct final rule specifically with respect to
the clarity and effectiveness of the language used. Comments should be
sent to the NRC as explained in the ADDRESSES caption of this notice.
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 direct final rule does not constitute the
establishment of a standard for which the use of a voluntary consensus
standard would be applicable. The NRC is amending 10 CFR part 110 to
require all applications for export, import, combined export/import,
amendments and renewals to be submitted using NRC Form 7.
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 this direct final rule.
Paperwork Reduction Act Statement
This direct final rule amends information collection requirements
that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.). These requirements were approved by the Office of Management
and Budget (OMB), clearance numbers 3150-0027 and 3150-0036. The rule
transfers existing information collection requirements to process
license requests that previously were filed by letter from 10 CFR part
110 (OMB Clearance No. 3150-0036) to NRC Form 7 (OMB Clearance No.
3150-0027). There is no change in burden to each respondent of an
average 2.4 hours to complete the application because respondents only
complete applicable sections of NRC Form 7, depending on the nature of
the license request. Send comments on any aspect of these information
collections, including suggestions for further reducing the burden, to
the Records and FOIA/Privacy Services Branch (T-5 F52), U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, or by Internet
electronic mail at [email protected]; and to the Desk Officer, Office of
Information and Regulatory Affairs, NEOB-10202, (3150-0027 and 3150-
0036), Office of Management and Budget, Washington, DC 20503.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
requirement unless the requesting document displays a currently valid
OMB control number.
[[Page 19104]]
Regulatory Analysis
A regulatory analysis has not been prepared for this direct final
rule because this rule is considered a minor, nonsubstantive amendment;
it has no economic impact on NRC licensees or the public. The NRC has
sole control of 10 CFR part 110 and NRC Form 7. There is no alternative
to amending the regulations at 10 CFR part 110 to reflect changing
circumstances.
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 does not
have a significant economic impact on a substantial number of small
entities. This minor, non-substantive amendment merely changes the
method of filing certain license applications. As such, it has no
economic impact on NRC licensees or the public.
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
Under 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.
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 is revised to read as follows:
Authority: Secs. 51, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104,
109, 111, 126, 127, 128, 129, 134, 161, 170H., 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, 2160d., 2201, 2210h.,
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.).
0
2. In Sec. 110.7, paragraphs (b) and (c)(1) are revised to read as
follows:
Sec. 110.7 Information collection requirements: OMB approval.
* * * * *
(b) The approved information collection requirements contained in
this part appear in Sec. Sec. 110.7a, 110.23, 110.26, 110.27, 110.32,
110.50, 110.52, and 110.53.
(c) * * *
(1) In Sec. Sec. 110.19, 110.20, 110.21, 110.22, 110.23, 110.31,
110.32, and 110.51, NRC Form 7 is approved under control number 3150-
0027.
* * * * *
0
3. In Sec. 110.31, paragraph (c) is revised to read as follows:
Sec. 110.31 Application for a specific license.
* * * * *
(c) Applications for an export, import, combined export/import,
amendment or renewal licenses under 10 CFR Part 110 shall be filed on
NRC Form 7.
* * * * *
0
4. In Sec. 110.51, paragraph (a) is revised to read as follows:
Sec. 110.51 Amendment and renewal of licenses.
(a) A licensee shall submit an application to renew a license or to
amend a license on a completed NRC Form 7.
* * * * *
Dated at Rockville, Maryland, this 7th day of March, 2006.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. 06-3551 Filed 4-12-06; 8:45 am]
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