[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]

0
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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