[Federal Register Volume 78, Number 25 (Wednesday, February 6, 2013)]
[Rules and Regulations]
[Pages 8360-8361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02620]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 110
[NRC-2012-0278]
RIN 3150-AJ21
Addition of South Sudan to the Restricted Destinations List
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
export and import regulations by adding South Sudan to 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 6, 2013.
ADDRESSES: Please refer to Docket ID NRC-2012-0278 when contacting the
NRC about the availability of information for this final rule. You can
access information related to this rule, which the NRC possesses and
are publicly available, by any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC 2012-0278.
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 document (if that document is
available in ADAMS) is provided the first time that a document is
referenced.
NRC's Public Document Room (PDR): You may examine and
purchase copies of public documents at the NRC's PDR, 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:
I. Background.
II. Voluntary Consensus Standards.
III. Environmental Impact: Categorical Exclusion.
IV. Paperwork Reduction Act Statement.
V. Regulatory Analysis.
VI. Regulatory Flexibility Certification.
VII. Backfit and Issue Finality.
VIII. Congressional Review Act.
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 South Sudan. South
Sudan is an independent country, separate from Sudan. Following a
referendum, South Sudan became an independent state on July 9, 2011,
and the United States established diplomatic relations with South Sudan
on the same day. Long-standing U.S. sanctions policy has been aimed at
the current Sudan regime centered in Khartoum, Sudan, not South Sudan
or its government, centered in Juba, South Sudan. The United States
does not treat South Sudan as Sudan, and does not apply, for example,
its Sudan Sanctions Regulations (31 CFR part 538) to South Sudan.
Moreover, the Secretary of State's determination that Sudan provided
repeated support for acts of international terrorism does not apply to
South Sudan.
In light of the foregoing, the Executive Branch recommended that
the NRC amend part 110 to add South Sudan to the restricted
destinations list in Sec. 110.29, while leaving Sudan on the embargoed
destinations list in Sec. 110.28. This means that exports of certain
nuclear and byproduct materials to South Sudan may qualify for the NRC
general license specified in Sec. Sec. 110.21 through 110.24.
At present, South Sudan has no nuclear research or power program;
however, South Sudan 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 the recognition of South Sudan as an independent
country, separate from Sudan (Khartoum), by adding it to the restricted
destinations list, while leaving Sudan on the embargoed destinations
list in part 110.
The NRC staff has determined that adding South Sudan to the
restricted destinations list, while leaving Sudan on the embargoed
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.
[[Page 8361]]
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
Addition of South Sudan to the restricted destinations list in
Sec. 110.29 means that exports of certain radioactive materials to
South Sudan 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 South Sudan 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 and Issue Finality
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: 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.).
Sec. 110.29 [Amended]
0
2. Section 110.29 is amended by adding ``South Sudan'' to the list of
restricted destinations.
Dated at Rockville, Maryland, this 19th day of December, 2012.
For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. 2013-02620 Filed 2-5-13; 8:45 am]
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