[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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  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.

-----------------------------------------------------------------------

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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