[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.


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]

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2. Section 110.28 is amended by removing ``Libya'' from the list of 
embargoed destinations.


Sec.  110.29  [Amended]

0
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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