[Federal Register Volume 71, Number 71 (Thursday, April 13, 2006)]
[Proposed Rules]
[Pages 19135-19136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5497]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 110
RIN 3150-AH89
Proposed Rule; Revision of NRC Form 7, Application for NRC
Export/Import License, Amendment, or Renewal
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend
its regulations that govern 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 would be made using NRC Form
7. The purpose of this proposed 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 comment period for this proposed rule ends on May 15, 2006.
Comments received after this date will be considered if it is practical
to do so, but the NRC is only able to ensure 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 rulemaking submitted in writing or in
electronic form will be made available for public inspection. Because
your comments will not be edited to remove identifying or contact
information, the NRC cautions you against including personal
information such as social security numbers and birth dates in your
submission.
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
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 at http://www.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 at the NRC's Public
Document Room (PDR), Public File Area O1 F21, 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.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
[[Page 19136]]
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: For additional information see the direct
final rule of the same title published in the Rules and Regulations
section of this Federal Register.
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 significant adverse comments 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, 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.
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. 553; the NRC is proposing to
adopt the following amendments to 10 CFR part 110.
PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL
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.).
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.
* * * * *
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.
* * * * *
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 Reyes,
Executive Director for Operations.
[FR Doc. E6-5497 Filed 4-12-06; 8:45 am]
BILLING CODE 7590-01-P