[Federal Register Volume 72, Number 8 (Friday, January 12, 2007)]
[Rules and Regulations]
[Pages 1426-1427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-320]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 110
RIN 3150-AI02
Export and Import of Nuclear Material; Exports to Libya
Restricted
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
export/import regulations by moving Libya from the list of embargoed
destinations to the list of restricted destinations. This amendment is
necessary to conform NRC's regulations with U.S. Government foreign
policy.
DATES: The final rule is effective January 12, 2007.
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 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: Jennifer Schwartzman, International
Relations Specialist, Office of International Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone 301-415-
2317, e-mail [email protected], or 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: The purpose of this final rule is to revise
the NRC's export/import regulations in 10 CFR Part 110, ``Export and
Import of Nuclear Equipment and Material,'' with regard to Libya in
light of the June 30, 2006 rescission by the Secretary of State of
Libya's designation as a State Sponsor of Terrorism. Libya was
designated as a State Sponsor of Terrorism in 1979. The Executive
Branch has recommended that, in light of the rescission of the
designation, 10 CFR Part 110 should be amended by moving Libya from the
embargoed destinations list to the restricted destinations list.
This rule moves Libya from the embargoed destinations list for
exports in 10 CFR 110.28 to the restricted destinations list in 10 CFR
110.29. This means that exports to Libya of small quantities of certain
nuclear materials and byproduct materials may qualify for the NRC
general license specified in Sec. Sec. 110.21 through 110.24.
The NRC staff has determined that moving Libya from the embargoed
list to the restricted list is consistent with current U.S. law and
policy, and will pose no unreasonable risk to the public health and
safety or to the common defense and security of the United States.
Because this rule involves a foreign affairs function of the United
States, the notice and comment provisions of the Administrative
Procedure Act do not apply (5 U.S.C. 553(a)(1)). This rule will become
effective immediately upon publication.
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
[[Page 1427]]
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 (OMB), approval number 3150-0036.
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.
Regulatory Analysis
The NRC currently controls exports to Libya as an embargoed
destination in section 110.28. There is no alternative to amending the
regulations for the export and import of nuclear equipment and
materials. This final rule would not result in any increase or cost to
the public.
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.
This rule affects only companies exporting nuclear equipment and
materials to Libya 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 rule because these amendments do not include any provisions that
would impose backfits as defined in 10 CFR Chapter I.
Congressional Review Act
Under the Congressional Review 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.
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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
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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]
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2. Section 110.28 is amended by removing ``Libya'' from the list of
embargoed destinations.
Sec. 110.29 [Amended]
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3. Section 110.29 is amended by adding ``Libya'' to the list of
restricted destinations in alphabetical order.
Dated at Rockville, Maryland, this 29th day of December, 2006.
For the Nuclear Regulatory Commission.
Jacqueline E. Silber,
Acting Executive Director for Operations.
[FR Doc. E7-320 Filed 1-11-07; 8:45 am]
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