[Federal Register Volume 77, Number 90 (Wednesday, May 9, 2012)]
[Rules and Regulations]
[Pages 27113-27115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11163]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 77, No. 90 / Wednesday, May 9, 2012 / Rules
and Regulations
[[Page 27113]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 110
RIN 3150-AJ04
[NRC-2011-0213]
Export and Import of Nuclear Equipment and Material; Export of
International Atomic Energy Agency Safeguards Samples
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 regulations pertaining to the export and import of
nuclear materials and equipment. This rulemaking is necessary to
reflect the nuclear non-proliferation policy of the Executive Branch
regarding U.S. Government obligations to the International Atomic
Energy Agency (IAEA). Also, this final rule makes certain editorial
revisions, and corrects typographical errors.
DATES: The final rule is effective June 8, 2012.
ADDRESSES: Please refer to Docket ID NRC-2011-0213 when contacting the
NRC about the availability of information for this final rule. You may
access information and comment submittals related to this final
rulemaking, which the NRC possesses and is publicly available, by any
of the following methods:
Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0213.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The ADAMS accession number
for each document referenced in this notice (if that document is
available in ADAMS) is provided the first time that a document is
referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
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:
Background
One purpose of this final rule is to conform 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,''
to current nuclear non-proliferation policies of the Executive Branch.
The NRC is amending Sec. 110.11 to facilitate implementation of the
Protocol Additional to the Agreement Between the United States of
America and the International Atomic Energy Agency for the Application
of Safeguards in the United States of America (Additional Protocol) to
expand the exemption from the requirements for a license to include
exports of source and byproduct material in IAEA safeguards samples.
This final rule also makes certain editorial revisions, and corrects
typographical errors.
The NRC staff has determined that these changes are consistent with
current U.S. 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)). In addition,
solicitation of public comments would delay the U.S. conformance with
its international obligations, and would be contrary to the public
interest (5 U.S.C. 553(b)). The final rule is effective June 8, 2012.
Section by Section Analysis
Section 110.11, Export of IAEA safeguards samples. The NRC is
amending Sec. 110.11 to facilitate implementation of the Additional
Protocol and the Agreement between the United States and the
International Atomic Energy Agency for the Application of Safeguards in
the United States to expand the exemption to include exports of source
and byproduct material in IAEA safeguards samples. For source material,
samples may not exceed 5 kilograms per facility per year and for
byproduct material, quantities may not exceed the values listed in
Sec. 30.71 per shipment.
Section 110.22, General license for the export of source material.
This rule corrects an internal reference error in paragraph (b) so that
the reference is to paragraph (e) of the section instead of to
paragraph (f).
Section 110.27, General license for import. This rule amends Sec.
110.27(a) to make clear the intent of the 2010 rule change to this
section (75 FR 44072; July 28, 2010). If the byproduct, source, or
special nuclear material is exempt from NRC or Agreement State
licensing requirements, then that material is exempt from requiring an
import license.
Section 110.54, Reporting requirements. This section is amended to
clarify that the reports required in paragraph (c) should be addressed
to the Deputy Director, Office of International Programs, in accordance
with Sec. 110.4.
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.
Environmental Impact: Categorical Exclusion
The NRC has determined that this final rule is the type of action
described
[[Page 27114]]
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) under 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
This rulemaking is necessary to reflect the nuclear non-
proliferation policy of the Executive Branch including U.S. Government
reporting obligations to the IAEA. This final rule is expected to have
no changes in the information collection burden 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
material to and from the United States and they 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.
Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, well-organized manner
that also follows other best practices appropriate to the subject or
field and the intended audience. The NRC has attempted to use plain
language in promulgating this rule consistent with the Federal Plain
Writing Act guidelines.
List of Subjects in 10 CFR Part 110
Administrative practice and procedure, Classified information,
Criminal penalties, Export, Import, Incorporation by reference,
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. Revise the authority citation for part 110 to read as follows:
Authority: Atomic Energy Act secs. 51, 53, 54, 57, 63, 64, 65,
81, 82, 103, 104, 109, 111, 126, 127, 128, 129, 161, 181, 182, 183,
187, 189, 223, 234 (42 U.S.C. 2071, 2073, 2074, 2077, 2092-2095,
2111, 2112, 2133, 2134, 2139, 2139a, 2141, 2154-2158, 2201, 2231-
2233, 2237, 2239, 2273, 2282); Energy Reorganization Act sec. 201
(42 U.S.C. 5841; Solar, Wind, Waste, and Geothermal Power Act of
1990 sec. 5 (42 U.S.C. 2243); Government Paperwork Elimination Act
sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); Energy Policy Act
of 2005, 119 Stat. 594.
Sections 110.1(b)(2) and 110.1(b)(3) also issued under 22 U.S.C.
2403. Section 110.11 also issued under Atomic Energy Act secs.
54(c), 57(d), 122 (42 U.S.C. 2074, 2152). Section 110.50(b)(3) also
issued under Atomic Energy Act sec. 123 (42 U.S.C. 2153). Section
110.51 also issued under Atomic Energy Act sec. 184 (42 U.S.C.
2234). Section 110.52 also issued under Atomic Energy Act sec. 186,
(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 Intelligence
Authorization Act sec. 903 (42 U.S.C. 2151 et seq.).
0
2. Revise Sec. 110.11 to read as follows:
Sec. 110.11 Export of IAEA safeguards samples.
(a) A person is exempt from the requirements for a license to
export special nuclear, source, and byproduct material set forth in
sections 53, 54d, 64, 81 and 82 of the Atomic Energy Act and from the
regulations in this part to the extent that the person exports special
nuclear, source, or byproduct material in IAEA safeguards samples. The
samples must be exported in accordance with Sec. 75.8 of this chapter,
or a comparable U.S. Department of Energy order, and:
(1) For special nuclear material, be in quantities not exceeding a
combined total of 100 grams of contained plutonium, uranium-233, and
uranium-235 per facility per year;
(2) For source material, be in quantities not exceeding 5 kilograms
per facility per year; and
(3) For byproduct material, be in quantities not exceeding the
values in Sec. 30.71 of this chapter per shipment.
(b) This exemption does not relieve any person from complying with
parts 71 or 73 of this chapter or any Commission order under section
201(a) of the Energy Reorganization Act of 1974 (42 U.S.C. 5841(a)).
0
3. In Sec. 110.22, revise paragraph (b) to read as follows:
Sec. 110.22 General license for the export of source material.
* * * * *
(b) Except as provided in paragraph (e) of this section, a general
license is issued to any person to export uranium or thorium, other
than uranium-230, uranium-232, thorium-227, or thorium-228, in
individual shipments of 10 kilograms or less to any country not listed
in Sec. 110.28 or Sec. 110.29, not to exceed 1,000 kilograms per
calendar year to any one country or 500 kilograms per calendar year to
any one country when the uranium or thorium is Canadian-obligated.
* * * * *
0
4. In Sec. 110.27, revise paragraph (a) to read as follows:
Sec. 110.27 General license for import.
(a) Except as provided in paragraphs (b) and (c) of this section, a
general license is issued to any person to import byproduct, source, or
special nuclear material if the U.S. consignee is authorized to receive
and possess the material under the relevant NRC or Agreement State
regulations.
* * * * *
0
5. In Sec. 110.54, revise the introductory text of paragraph (c) to
read as follows:
Sec. 110.54 Reporting requirements.
* * * * *
(c) Persons making exports under the general license established by
Sec. 110.26(a) shall submit by February 1 of each year one copy of a
report of all components shipped during the previous calendar year.
This report shall be submitted to the Deputy Director,
[[Page 27115]]
Office of International Programs at the address provided in Sec.
110.4. This report must include:
* * * * *
Dated at Rockville, Maryland, this 13th day of April, 2012.
For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. 2012-11163 Filed 5-8-12; 8:45 am]
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