[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Rules and Regulations]
[Pages 11384-11385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4556]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 110
[NRC-2011-0264]
RIN 3150-AJ06
Removal of Oman from the Restricted Destinations List
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission)
is amending its export and import regulations by removing Oman from the
list of restricted destinations. This amendment is necessary to conform
the NRC's regulations with U.S. Government foreign policy.
DATES: The final rule is effective February 27, 2012.
ADDRESSES: You can access publicly available documents related to this
final rule using the following methods:
NRC's Public Document Room (PDR): The public may examine
and have copied, for a fee, publicly available documents at the NRC's
PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852.
NRC's Agencywide Documents Access and Management System
(ADAMS): Publicly available documents created or received at the NRC
are available online in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain entry into ADAMS,
which provides text and image files of the 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's PDR reference staff
at 1-800-397-4209, 301-415-4737, or by email to [email protected].
Federal Rulemaking Web Site: Supporting materials related
to this final rule can be found at http://www.regulations.gov by
searching on Docket ID NRC-2011-0264. Address questions about NRC
dockets to Carol Gallagher, telephone: 301-492-3668; email:
[email protected].
FOR FURTHER INFORMATION CONTACT: Brooke G. Smith, Senior International
Policy Analyst, Office of International Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-
2347, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The purpose of this final rule is to revise the NRC's export and
import regulations in Title 10 of the Code of Federal Regulations (10
CFR) Part 110, ``Export and Import of Nuclear Equipment and Material,''
with regard to U.S. Government law and policy on Oman. The Executive
Branch recommended, in light of current foreign policy and
nonproliferation-related actions taken and polices pursued by the
Government of Oman, that the NRC amend Part 110 to remove Oman from the
list of restricted destinations in Sec. 110.29. This means that
exports of certain nuclear and byproduct materials to Oman may qualify
for the NRC general license specified in Sec. Sec. 110.21 through
110.24.
[[Page 11385]]
At present, Oman has no nuclear research or power program; however,
Oman does have the need for radioactive sources for legitimate
industrial, medical, and research purposes in support of important
economic and commercial development projects. Exports of radioactive
sources from the United States for such purposes would be facilitated
by removal of Oman from the restricted destinations list in Part 110.
The NRC staff has determined that removing Oman from the restricted
destinations 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.
II. 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.
III. 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.
IV. 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.
V. Regulatory Analysis
Removal of Oman from the restricted destinations list in Sec.
110.29 means that exports of certain radioactive materials to Oman may
qualify for the NRC general license specified in Sec. Sec. 110.21
through 110.24. There is no alternative to amending the regulations for
the export and import of nuclear equipment and materials. This final
rule is expected to have no changes in the information collection
burden or cost to the public.
VI. 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 Oman 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).
VII. 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.
VIII. 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.
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, 183, 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); Energy Policy Act of 2005; Pub. L.
109-58, 119 Stat. 594 (2005).
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 110.130-110.135 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. 110.29 [Amended]
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2. Section 110.29 is amended by removing ``Oman'' from the list of
restricted destinations.
Dated at Rockville, Maryland, this 14th day of February 2012.
For the Nuclear Regulatory Commission.
Michael F. Weber,
Acting Executive Director for Operations.
[FR Doc. 2012-4556 Filed 2-24-12; 8:45 am]
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