[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)]
[Rules and Regulations]
[Pages 19603-19614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09462]



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 Rules and Regulations
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  Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Rules and 
Regulations  

[[Page 19603]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 75

[NRC-2015-0263]
RIN 3150-AJ70


Modified Small Quantities Protocol

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
regulations to collect information on nuclear material possessed by 
entities in the U.S. Caribbean Territories, as well as to allow for 
International Atomic Energy Agency (IAEA) inspection access, if 
requested by the IAEA. This final rule implements the requirements of 
``The Agreement between the United States of America and the IAEA for 
the application of safeguards in connection with the Treaty for the 
Prohibition of Nuclear Weapons in Latin America'' (INFCIRC/366 or U.S.-
IAEA Caribbean Territories Safeguards Agreement), that apply to the 
United States (U.S.) based on modifications to this Agreement's small 
quantities protocol.

DATES: Effective date: This final rule is effective June 4, 2018. 
Compliance date: Compliance with this final rule is required by July 3, 
2018.

ADDRESSES: Please refer to Docket ID NRC-2015-0263 when contacting the 
NRC about the availability of information for this action. You may 
obtain publicly-available information related to this action by any of 
the following methods:
     Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0263. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection 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 (if it is available 
in ADAMS) is provided the first time that it is mentioned in the 
SUPPLEMENTARY INFORMATION section.
     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: Gregory R. Trussell, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-6445; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The Agreement between the U.S. and the IAEA for the application of 
safeguards in connection with the Treaty for the Prohibition of Nuclear 
Weapons in Latin America (U.S.-IAEA Caribbean Territories Safeguards 
Agreement (ADAMS Accession No. ML17065A218)) entered into force on 
April 6, 1989. When the U.S.-IAEA Caribbean Territories Safeguards 
Agreement was signed, the U.S. and the IAEA also concluded a ``Small 
Quantities Protocol'' (SQP) to the agreement that held in abeyance 
almost all reporting and access requirements. The SQPs are designed for 
countries with minimal or no nuclear material and activities to 
minimize the burden of international safeguards implementation. The 
IAEA, as a part of its efforts to strengthen international safeguards 
in 2005, identified proliferation concerns associated with holding 
certain provisions of the U.S.-IAEA Caribbean Territories Safeguards 
Agreement in abeyance through an SQP, and has since urged countries 
with an original SQP, including the U.S., to adopt a ``modified SQP'' 
that would have the effect of taking out of abeyance certain reporting 
and inspection requirements of the U.S.-IAEA Caribbean Territories 
Safeguards Agreement. The U.S. and the IAEA have agreed on the text for 
a modified SQP, which will be brought into force upon an exchange of 
diplomatic letters between the U.S. and the IAEA.
    When the U.S.-IAEA Caribbean Territories Safeguards Agreement and 
its SQP was brought into force in 1989, no revisions were made to part 
75 of title 10 of the Code of Federal Regulations (10 CFR), 
``Safeguards on Nuclear Material--Implementation of U.S.-IAEA 
Agreement,'' as most of the provisions were held in abeyance by the 
original SQP. In light of the modified SQP, which takes certain 
reporting and inspection provisions of the U.S.-IAEA Caribbean 
Territories Safeguards Agreement out of abeyance, the scope and 
requirements of 10 CFR part 75 need to be revised to include these 
reporting and inspection requirements. The applicable requirements of 
the U.S.-IAEA Caribbean Territories Safeguards Agreement, as captured 
in the amendments to 10 CFR part 75, impact all entities that possess 
source material and special nuclear material within the U.S. Caribbean 
Territories.

II. Discussion

A. General Overview

    The scope and requirements of 10 CFR part 75 need to be expanded to 
include the provisions of the U.S.-IAEA Caribbean Territories 
Safeguards Agreement under the modified SQP. The applicable 
requirements of the U.S.-IAEA Caribbean Territories Safeguards 
Agreement, as captured in the amendments to 10 CFR part 75, impact all 
entities that possess source material and special nuclear material 
within the U.S. Caribbean Territories, which are defined in the amended 
10 CFR part 75 as: Puerto Rico, the U.S. Virgin Islands, Navassa 
Island, Serranilla Bank, Baja Nuevo (Petrel Island), and the Guantanamo 
Bay Naval Base.
    This final rule requires affected entities to:
     Provide basic information about the user (e.g., user's 
name and address), including organizational structure,

[[Page 19604]]

geographic location, use of the nuclear material, and other relevant 
information requested pursuant to the safeguards agreement.
     Provide an initial inventory report of all source and 
special nuclear material possessed, and an annual inventory report 
thereafter. This reporting requirement will also include source 
material that is contained in non-nuclear end use applications (e.g., 
depleted uranium shielding).
     Provide annual Material Status Reports for nuclear 
materials covered by the applicable provisions of the U.S.-IAEA 
Caribbean Territories Safeguards Agreement.Provide an inventory change 
report when possessors import or export nuclear material (including 
shipments between U.S. Territories as well as to and from the 50 
States) and provide advance notification, as specified in Sec. Sec.  
75.43, 75.44, and 75.45, of such an import or export exceeding one 
effective kilogram, as defined in Sec.  75.4.
     Provide access for IAEA inspections. These inspections are 
expected to occur on an infrequent basis. The scope of IAEA inspections 
may include several activities, such as examination of records; 
verifying the functioning and calibration of instruments; and utilizing 
IAEA equipment for independent measurement, containment (such as a 
seal), and/or surveillance.
    The regulations in 10 CFR part 75 already contain requirements for 
the existing IAEA safeguards agreements to which the U.S. is a party, 
i.e., the U.S.-IAEA Safeguards Agreement (INFCIRC/288) (ADAMS Accession 
No. ML17065A211) and its associated Additional Protocol. The revised 
regulations will clearly delineate which entities are subject to the 
requirements under each particular safeguards agreement. It should be 
noted that those entities subject to the provisions of the U.S.-IAEA 
Caribbean Territories Safeguards Agreement are not subject to the 
provisions of the U.S.-IAEA Safeguards Agreement and its associated 
Additional Protocol as defined in Sec.  75.4.

B. IAEA Inspections

    Possessors of source and special nuclear material in the U.S. 
Caribbean Territories will be subject to special and ad hoc inspections 
by the IAEA pursuant to the modified SQP. Articles 69, 71, 72, 73, 74, 
and 87 of U.S.-IAEA Caribbean Territories Safeguards Agreement that 
pertain to IAEA inspections were previously held in abeyance. Through 
the modification of the SQP, these Articles will be newly applicable to 
possessors of ``nuclear material outside facilities,'' as that term is 
defined in revised Sec.  75.4, which means ``nuclear material in the 
U.S. Caribbean Territories that is not in a facility, and is 
customarily used in amounts of one effective kilogram or less.'' In 
order to accommodate these new requirements, the NRC is revising 
existing sections of 10 CFR part 75 that pertain to IAEA inspections. 
Under existing regulations, IAEA inspections were only applicable to 
``facilities,'' under the U.S.-IAEA Safeguards Agreement. However, 
through the inclusion of the U.S.-IAEA Caribbean Territories Safeguards 
Agreement in the scope of 10 CFR part 75, the NRC is expanding the 
applicability of inspection-related sections to include possessors of 
nuclear material outside facilities.

C. Records and Reports

    Possessors of nuclear material outside facilities in the U.S. 
Caribbean Territories will be subject to new recordkeeping and 
reporting requirements pursuant to the modified SQP. Articles 7, 12, 
32, 47, 60, 66, 67, and 93 of the U.S.-IAEA Caribbean Territories 
Safeguards Agreement were either held in abeyance or not applicable; 
however, through the modification of the SQP, these Articles will now 
be applicable to possessors of nuclear material outside facilities. In 
order to accommodate these new requirements, the NRC revised existing 
sections of 10 CFR part 75 that pertain to records and reports. Under 
existing regulations, recordkeeping and reporting requirements were 
only applicable to ``facilities'' and ``locations'' (as defined in 
Sec.  75.4). However, through the inclusion of the U.S.-IAEA Caribbean 
Territories Safeguards Agreement in the scope of 10 CFR part 75, the 
NRC is expanding the applicability of recordkeeping and reporting-
related sections to include possessors of nuclear material outside 
facilities.

D. Terminations and Exemptions

    The U.S. Government may request termination and exemption from IAEA 
safeguards for declared source or special nuclear material under 
Articles 11, 13, 33, 34, 35, and 36 of the U.S.-IAEA Caribbean 
Territories Safeguards Agreement. Previously, the U.S. Government had 
not utilized the termination and exemption provisions under the U.S.-
IAEA Safeguards Agreement, therefore these provisions were not in the 
existing regulations in 10 CFR part 75. Due to the anticipated material 
types, quantities, and uses of nuclear material in the U.S. Caribbean 
Territories, as well as the fact that this safeguards agreement mimics 
a comprehensive safeguards agreement for a non-nuclear weapon state, 
the U.S. Government anticipates utilizing the exemption and termination 
provisions under the U.S.-IAEA Caribbean Territories Safeguards 
Agreement. As such, this final rule incorporates termination and 
exemption provisions into 10 CFR part 75.

E. New Definitions

    Given the addition of the U.S.-IAEA Caribbean Territories 
Safeguards Agreement to the scope of 10 CFR part 75, it is necessary to 
specifically define and reference each individual safeguards agreement 
(i.e., ``U.S.-IAEA Safeguards Agreement'' and ``U.S.-IAEA Caribbean 
Territories Safeguards Agreement''). This change is implemented 
throughout 10 CFR part 75 to ensure consistency in the use of 
terminology, and to distinguish between the requirements of each 
safeguards agreement. Furthermore, the new term ``physical location'' 
is added to 10 CFR part 75 to clarify the difference between geographic 
coordinates and the Additional Protocol term of art ``location.'' The 
term ``nuclear material outside of facilities'' was added as a new and 
distinct term that refers specifically to special nuclear and source 
material in the U.S. Caribbean Territories. This new term was necessary 
in order to distinguish the requirements of the U.S.-IAEA Caribbean 
Territories Safeguards Agreement from the requirements in the other 
safeguards agreements that utilize the terms of art ``facilities'' and 
``locations.'' The term ``U.S. Caribbean Territories'' was added to 
refer to the territories covered by the U.S.-IAEA Caribbean Territories 
Safeguards Agreement.

F. General Administrative Matters

    To enhance the clarity and consistency of the regulations, several 
new definitions are added, and other definitions are revised or 
removed. Additionally, this final rule incorporates conforming changes, 
punctuation, and grammatical edits. In several sections, a website link 
is added to reference existing NRC guidance documents to replace the 
requirement for the public to submit a written request for a copy of 
the guidance documents.

III. Rulemaking Procedure

    Under the Administrative Procedure Act (5 U.S.C. 553(a)(1)), the 
normal notice and comment requirements do not apply if the rulemaking 
involves a military or foreign affairs function of the U.S. Since this 
final rule involves a

[[Page 19605]]

foreign affairs function of the U.S., the notice and comment provisions 
of the Administrative Procedure Act do not apply (5 U.S.C. 553(a)(1)). 
This final rule will become effective 30 days after its publication in 
the Federal Register. The amendments are effective June 4, 2018.

IV. Section-by-Section Analysis

PART 75--SAFEGUARDS ON NUCLEAR MATERIAL--IMPLEMENTATION OF US/IAEA 
AGREEMENT

    This final rule revises the 10 CFR part 75 title to read: 
SAFEGUARDS ON NUCLEAR MATERIAL--IMPLEMENTATION OF SAFEGUARDS AGREEMENTS 
BETWEEN THE UNITED STATES AND THE INTERNATIONAL ATOMIC ENERGY AGENCY.

Sec.  75.1 Purpose.

    This final rule revises Sec.  75.1 to include all requirements 
under any safeguards agreement between the U.S. and the IAEA.
    The purpose section is revised to make it generally applicable to 
all U.S.-IAEA safeguards agreements utilizing a new term ``safeguards 
agreements.'' ``Safeguards agreements'' includes the U.S.-IAEA 
Caribbean Territories Safeguards Agreement as well as other existing 
U.S.-IAEA safeguards agreements. The word ``physical'' is added in 
front of the word ``location'' (to read ``physical location'').

Sec.  75.2 Scope.

    This final rule revises Sec.  75.2 to ensure that possessors of 
nuclear material outside facilities who are physically located in the 
U.S. Caribbean Territories are now included within the scope of the 
regulations in 10 CFR part 75. The previous text in Sec.  75.2 is 
simplified to remove unnecessary and repetitive references to existing 
requirements already enumerated elsewhere in 10 CFR part 75. The 
national security exclusion, which previously only referenced the term 
``locations,'' a term of art specifically relating to the Additional 
Protocol, is changed to reference ``facilities or locations.''

Sec.  75.3 Exemptions.

    This final rule revises Sec.  75.3 to reference all safeguards 
agreements between the U.S. and the IAEA, using the defined term 
``safeguards agreements,'' rather than list each agreement 
individually. ``Safeguards agreements'' includes the U.S.-IAEA 
Caribbean Territories Safeguards Agreement, as exemptions may apply to 
this agreement. Paragraph (b) is moved to new Sec.  75.26, ``Exemptions 
from IAEA safeguards.''

Sec.  75.4 Definitions.

    This final rule revises Sec.  75.4 by adding definitions to 
accommodate the inclusion of the SQP to the U.S.-IAEA Caribbean 
Territories Safeguards Agreement in a manner that avoids confusion with 
the existing safeguards agreements, removing a definition that was 
specific to only one safeguards agreement, and revising certain 
definitions to make them generally applicable to all safeguards 
agreements. The definition for Agreement is being removed; the 
definitions for Inventory change, Key measurement point, Location, and 
Safeguards Agreement are being revised; and the definitions for Nuclear 
Material Outside Facilities, Person, Physical location, Small 
Quantities Protocol, U.S. Caribbean Territories, U.S.-IAEA Caribbean 
Territories Safeguards Agreement, and U.S.-IAEA Safeguards Agreement 
are being added.
    Agreement is being removed because it referred to one specific 
safeguards agreement; Sec.  75.4 now includes and defines each specific 
safeguards agreement.
    Inventory change is being revised to remove the words ``source or 
special'' from the definition because the term ``nuclear material'' is 
defined under this part to include only source or special nuclear 
material.
    Key measurement point is being revised to include the word 
``physical'' before the word ``location'' so as to remove any potential 
confusion between this usage and the term of art ``location'' as it is 
used specifically in the Additional Protocol.
    Location is revised to read any geographical point or area subject 
to IAEA safeguards under the Additional Protocol because it was 
identified either by the U.S. in its declarations, or by the IAEA 
resulting from a question.
    Safeguards Agreement is being revised to read ``Safeguards 
Agreements'' such that it includes all current safeguards agreements, 
protocols, and subsidiary arrangements, between the U.S. and the IAEA.
    Nuclear material outside facilities is being added and means 
nuclear material in the U.S. Caribbean Territories that is not in a 
facility, and is customarily used in amounts of one effective kilogram 
or less.
    Person is being added and means (1) any individual, corporation, 
partnership, firm, association, trust, estate, public or private 
institution, group, government agency other than the Commission or the 
U.S. Department of Energy (except that the Department shall be 
considered a person within the meaning of the regulations in this part 
to the extent that its facilities and activites are subject to the 
licensing and related regulatory authority of the Commission pursuant 
to law), any State or any political subdivision of, or any political 
entity within a State, any foreign government or nation or any 
political subdivision of any such government or nation, or other 
entity; and (2) any legal successor, representative, agent, or agency 
of the foregoing.
    Physical location is being added to provide a definition that is 
specific to a geographic point or area where nuclear material or 
activity resides and to remove any potential confusion with the term of 
art ``location'' as it is used specifically in the Additional Protocol.
    Small Quantities Protocol is being added and means the Small 
Quantities Protocol to the Agreement between the United States of 
America and the International Atomic Energy Agency for the Application 
of Safeguards in Connection with the Treaty for the Prohibition of 
Nuclear Weapons in Latin America (INFCIRC/366).
    U.S. Caribbean Territories is being added and means those 
territories for which, de jure or de facto, the U.S. is internationally 
responsible and which lie within the limits of the geographical zone 
established in Article 4 of the Treaty for the Prohibition of Nuclear 
Weapons in Latin America and the Caribbean (Tlatelolco Treaty), which 
includes: Puerto Rico, the U.S. Virgin Islands, Navassa Island, 
Serranilla Bank, Baja Nuevo (Petrel Island), and the Guantanamo Bay 
Naval Base.
    U.S.-IAEA Caribbean Territories Safeguards Agreement is being added 
and means the Agreement between the United States of America and the 
International Atomic Energy Agency for the Application of Safeguards in 
Connection with the Treaty for the Prohibition of Nuclear Weapons in 
Latin America (INFCIRC/366), and all protocols and subsidiary 
arrangements thereto.
    U.S.-IAEA Safeguards Agreement is being added and means the 
Agreement between the United States of America and the IAEA for the 
Application of Safeguards in the United States (INFCIRC/288), and all 
protocols and subsidiary arrangements thereto.

Sec.  75.6 Facility and location reporting.

    This final rule revises the heading for Sec.  75.6 to read 
``Reporting requirements for facilities, locations, and nuclear 
material outside facilities.'' The requirement to provide advance

[[Page 19606]]

notification of imports, exports, or domestic transfers has been added 
to the table in paragraph (c) to correct an oversight from a previous 
rulemaking action. The letter ''C'' is being added after ``DOE/NRC Form 
742'' under the first item in the table under paragraph (c), to correct 
an oversight from a previous rulemaking action. The websites, https://www.nrc.gov/reading-rm/doc-collections/forms and www.AP.gov, where the 
forms listed in paragraphs (c) through (d) of Sec.  75.6 can be 
accessed, are being added to correct an oversight from a previous 
rulemaking action. The phone number for the NRC Headquarters Operations 
Center (HOC) is being added to the table in paragraph (c) to clarify 
the means of contacting the HOC. Adding the terms ``nuclear material 
outside facilities'' and ``safeguards agreements'' to paragraph (b) of 
this section makes the U.S.-IAEA Caribbean Territories Safeguards 
Agreement generally applicable in this section. The section is being 
further revised to include accounting, recordkeeping, and reporting 
requirements for those entities subject to the U.S.-IAEA Caribbean 
Territories Safeguards Agreement that are physically located in the 
U.S. Caribbean Territories. These requirements are listed in the table 
under new paragraph (e) and pertain to the requirements as outlined in 
Parts I and II of the U.S.-IAEA Caribbean Territories Safeguards 
Agreement. Other conforming changes to account for the new information 
in paragraph (e) are being made throughout 10 CFR part 75 for 
consistency.

Sec.  75.7 Notification of IAEA safeguards.

    This final rule reorders and revises Sec.  75.7 for clarity and 
changes the reference to ``Safeguards Agreement'' to read ``US-IAEA 
Safeguards Agreement,'' and the reference to ``facility or location'' 
to read ``facility.'' Both changes in reference clarify that a 
selection for IAEA safeguards can only be made under the U.S.-IAEA 
Safeguards Agreement, and do not pertain to other referenced agreements 
in this part, such as the Additional Protocol or the U.S.-IAEA 
Caribbean Territories Safeguards Agreement. Minor editorial changes, 
such as changing ``Commission'' to read ``NRC,'' are also being made.

Sec.  75.8 IAEA inspections.

    This final rule revises Sec.  75.8 to include the term of art 
``nuclear material outside facilities,'' which is specific to the U.S.-
IAEA Caribbean Territories Safeguards Agreement, and is included in 
paragraphs (a)-(d), which state that the NRC will provide notice in 
writing if an IAEA inspection is to occur, and describe the procedures 
that must be followed to allow the IAEA access. Paragraph (a) is 
revised to include the SQP agreement as allowing for IAEA inspections. 
Paragraph (a)(1) is revised to add the types of inspections applicable 
to possessors of nuclear material outside facilities located in the 
U.S. Caribbean Territories, which are ad hoc and special inspections 
only. Paragraph (a)(4) is revised to replace the word ``place'' with 
the term physical location to be more specific in where IAEA 
inspections may take place. The requirements specific to inspections 
for nuclear material outside facilities are located in new paragraphs 
(h) and (i), which are parallel in structure to the requirements for 
``facilities.'' The text in the original paragraph (h) is revised and 
redesignated as new paragraph (j). Minor editorial changes, such as 
changing ``Commission'' to read ``NRC,'' are also being made.

Sec.  75.9 Information collection requirements: OMB approval.

    This final rule revises Sec.  75.9 to add a reference to new Sec.  
75.12 to the list of approved information collection requirements in 10 
CFR part 75.

Facility and Location Information

    This final rule revises the undesignated center heading, ``Facility 
and Location Information'' to read ``Information for Facilities, 
Locations, and Nuclear Material Outside Facilities.''

Sec.  75.10 Facility information.

    This final rule revises the Sec.  75.10 section heading to read 
``Facilities.'' Other minor conforming changes are being made to this 
section including changing ``Safeguards Agreement'' to read ``US-IAEA 
Safeguards Agreement'' and to include the word ``physical'' before the 
word ``location'' to denote when an actual physical location is being 
specified and to distinguish it from the ``location'' term of art used 
specifically under the Additional Protocol. Minor editorial changes, 
such as changing ``Commission'' to read ``NRC,'' are also being made.

Sec.  75.11 Location information.

    This final rule revises Sec.  75.11 section heading to read 
``Locations.'' Other conforming changes are being made to this section 
including adding the word ``physical'' before the word ``location'' to 
denote when an actual physical location is being specified and to 
distinguish it from the ``location'' term of art used specifically 
under the Additional Protocol. Minor editorial changes, such as 
changing ``Commission'' to read ``NRC,'' are also being made.

Sec.  75.12 Communication of information to IAEA is revised and 
redesignated as Sec.  75.13 Communication of information to IAEA.

    This final rule redesignates Sec.  75.12 as new Sec.  75.13 and 
adds new Sec.  75.12, ``Nuclear material outside facilities.'' The 
records retention requirements in paragraphs (b)(1) and (b)(4) of this 
section have been moved to Sec.  75.24, ``Retention of records.'' Minor 
conforming changes are being made including changing the references to 
individual safeguards agreements to refer collectively to all 
safeguards agreements between the U.S. and the IAEA, and adding new 
Sec.  75.12 for requirements applicable only to the U.S. Caribbean 
Territories. Minor editorial changes, such as changing ``Commission'' 
to read ``NRC,'' are also being made.

Sec.  75.12 Nuclear material outside facilities.

    This final rule adds new Sec.  75.12, which provides details on the 
types of information possessors of nuclear material outside facilities 
physically located in the U.S. Caribbean Territories are required to 
report to the NRC on an annual basis, such as name, mailing address, 
use of nuclear material, etc.
Material Accounting and Control For Facilities
    This final rule revises the undesignated center heading, ``Material 
Accounting and Control For Facilities'' to read ``Material Accounting 
and Control'' so that the subpart applies to all entities subject to 
material accounting and control requirements, not only to facilities.

Sec.  75.15 Facility attachments.

    This final rule revises Sec.  75.15 by making minor conforming 
changes, such as changing ``Commission'' to read ``NRC'' and changing 
``Safeguards Agreement'' to read ``U.S.-IAEA Safeguards Agreement.''

Sec.  75.21 General requirements.

    This final rule revises Sec.  75.21 by adding new paragraph (b) to 
include possessors of nuclear material outside facilities, and the 
requirement to establish, maintain, and follow written material 
accounting and control procedures, pursuant to the U.S.-IAEA Caribbean 
Territories Safeguards Agreement. The records retention requirements in 
paragraph (a) are moved to Sec.  75.24, ``Retention of records.''

[[Page 19607]]

Minor conforming changes are being made to change the reference from 
``Safeguards Agreement'' to read ``U.S.-IAEA Safeguards Agreement'' and 
by changing ``Commission'' to read ``NRC.''

Sec.  75.24 Retention of records.

    This final rule restructures and revises Sec.  75.24 to include new 
paragraphs (a) and (b) to include the records retention requirements 
from Sec.  75.21(a) and to specifically list who is required to retain 
records and to include the term of art ``nuclear material outside 
facilities,'' which is specific to the U.S.-IAEA Caribbean Territories 
Safeguards Agreement. Minor editorial changes, such as changing 
``Commission'' to read ``NRC,'' are also being made.
IAEA Nuclear Material Exemptions and Terminations
    This final rule adds a new undesignated center heading, ``IAEA 
Nuclear Material Exemptions and Terminations.''

Sec.  75.26 Exemption from IAEA safeguards and Sec.  75.27 Requirements 
for facilities, locations, and nuclear material outside facilities 
after issuance of IAEA exemptions.

    This final rule adds new Sec. Sec.  75.26 and 75.27 to describe the 
types of nuclear material upon which the U.S. Government may request an 
exemption from IAEA safeguards and to address the different 
requirements after such exemptions have been granted by the IAEA for 
facilities, locations, and nuclear material outside facilities.

Sec.  75.28 Termination from IAEA safeguards and Sec.  75.29 
Requirements for facilities, locations, and nuclear material outside 
facilities after termination from IAEA safeguards.

    This final rule adds new Sec. Sec.  75.28 and 75.29 to describe the 
conditions under which the U.S. Government may request the termination 
of IAEA safeguards and to address the different requirements after such 
terminations have been granted by the IAEA for facilities, locations, 
and nuclear material outside facilities.

Sec.  75.31 General requirements.

    This final rule restructures Sec.  75.31 to include new paragraphs 
(a) and (b) to address general accounting, recordkeeping, and reporting 
requirements for possessors of nuclear material outside facilities. 
Minor editorial changes, such as changing ``Commission'' to read 
``NRC,'' are also being made.

Sec.  75.32 Initial inventory report.

    This final rule revises Sec.  75.32 to address the specific initial 
inventory reporting requirements for both licensees of facilities and 
possessors of nuclear material outside facilities and to make minor 
editorial changes. Paragraph (a) is revised and split into two 
paragraphs: (a) Licensees of facilities and (b) Possessors of nuclear 
material outside facilities. Paragraph (b) is revised and redesignated 
as new paragraph (c). Paragraph (c) is revised and redesignated as new 
paragraph (e). A new paragraph (d) is added. Minor editorial changes, 
such as changing ``Commission'' to read ``NRC,'' are also being made.

Sec.  75.33 Accounting reports.

    This final rule revises Sec.  75.33 by changing the name of the 
``Nuclear Material Transaction Report'' to read ``Inventory Change 
Report (Nuclear Material Transaction Report).''

Sec.  75.34 Inventory change reports.

    This final rule revises Sec.  75.34 to include possessors of 
nuclear material outside facilities in the requirement to submit 
inventory change reports and to include time submittal requirements. 
New paragraph (b)(4) is added to address the specific import 
requirements for possessors of nuclear material outside facilities. The 
previously undesignated sentence after paragraph (a)(2) but before 
paragraph (b) is revised and designated as paragraph (b)(3). The 
paragraphs previously designated (b)(1) and (2) are redesignated as 
paragraphs (c)(1) and (2) to explain when a U.S. Department of Energy 
(DOE)/NRC Form 740M must be completed. Websites that contain the Office 
of Management and Budget (OMB)-approved NUREG guidance documents are 
included in new paragraph (d). Minor editorial changes are being made, 
such as changing the name ``Nuclear Material Transaction Reports'' to 
read ``Inventory Change Report (Nuclear Material Transaction Report).''

Sec.  75.35 Material status reports.

    This final rule revises Sec.  75.35 to include possessors of 
nuclear material outside facilities in the requirement to submit 
material status reports. New paragraphs (c)-(e) are being added. 
Paragraph (c) is added to include possessors of nuclear material 
outside facilities to the requirement to submit material status 
reports. Paragraph (d) is added to clarify when a material status 
report must be accompanied by DOE/NRC Form 740M. Paragraph (e) is added 
to clarify where the forms and their instructions may be accessed. 
Furthermore, a specific 12-month reporting period is being added. Minor 
editorial changes, such as changing ``Commission'' to read ``NRC,'' are 
also being made.

Sec.  75.36 Special reports.

    This final rule revises Sec.  75.36 to include possessors of 
nuclear material outside facilities in the requirements for submitting 
special reports. Paragraph (c) is removed and the text is revised and 
redesignated as paragraphs (b)(1) and (2). Minor editorial changes, 
such as changing ``Commission'' to read ``NRC,'' are also being made.

Sec.  75.43 Circumstances requiring advance notification.

    This final rule revises Sec.  75.43 by modifying paragraph (a) to 
make the section generally applicable to any person subject to any 
U.S.-IAEA safeguards agreement. Minor editorial changes, such as 
changing ``Commission'' to read ``NRC,'' are also being made.

Sec.  75.46 Expenses.

    This final rule revises Sec.  75.46 to make it generally applicable 
to any person subject to any U.S.-IAEA safeguards agreement. Minor 
editorial changes, such as changing ``Commission'' to read ``NRC,'' are 
also being made.

Sec.  75.53 Criminal penalties.

    This final rule revises paragraph (b) by changing the reference 
Sec.  75.12 to its new designation as Sec.  75.13 and by adding new 
Sec. Sec.  75.26 through 75.29.

V. Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), the NRC 
certifies that this final rule will not have a significant economic 
impact on a substantial number of small entities. This final rule 
affects two ``small entities'' as defined by the Regulatory Flexibility 
Act or the size standards established by the NRC (10 CFR 2.810).

VI. Regulatory Analysis

    A regulatory analysis has not been prepared for this final rule. 
The information reported is necessary to satisfy U.S. Government 
obligations with the IAEA under the Agreement between the U.S. and the 
IAEA for the application of safeguards in connection with the Treaty 
for the Prohibition of Nuclear Weapons in Latin America, (INFCIRC/366 
or ``U.S.-IAEA Caribbean Territories Safeguards Agreement'').

VII. Backfitting and Issue Finality

    The NRC has determined that the backfit rule (Sec. Sec.  50.109, 
70.76, 72.62, or

[[Page 19608]]

76.76) does not apply to this final rule because this amendment does 
not involve any provisions that would impose backfits as defined in the 
backfit rule. Implementation of the U.S.-IAEA Caribbean Territories 
Safeguards Agreement and its modified SQP will not involve backfitting 
or issue finality considerations. The entities subject to the revised 
requirements needed to implement the modified SQP are not accorded 
backfitting or issue finality protection. Therefore, a backfit analysis 
is not required.

VIII. Cumulative Effects of Regulation

    This final rule will take maximum advantage of the existing 
requirements in 10 CFR part 75 for those persons possessing nuclear 
material to maintain records of their receipt, shipment, and disposal 
of nuclear material and to submit reports on their holdings of nuclear 
material. Furthermore, the NRC will use existing OMB approved forms for 
reporting information on nuclear material.

IX. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31883).

X. Environmental Impact: Categorical Exclusion

    The NRC has determined that this final rule is the type of action 
described in 10 CFR 51.22(c)(1), which categorically excludes from 
environmental review rules that are corrective or of a minor, nonpolicy 
nature and do not substantially modify existing regulations. Therefore, 
neither an environmental impact statement nor an environmental 
assessment has been prepared for this final rule.

XI. Paperwork Reduction Act

    This final rule contains a revision to existing collections of 
information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.). The collections of information were approved by the OMB, 
approval numbers 3150-0003, 3150-0004, 3150-0055, 3150-0057, and 3150-
0058.
    The burden to the public for the information collection(s) is 
estimated to average 3 hours per response, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
information collection.
    Persons licensed to possess specified quantities of nuclear 
material currently report inventory and transaction of material to the 
Nuclear Materials Management and Safeguards System via the DOE/NRC 
Forms: DOE/NRC Form 740M, Concise Note; DOE/NRC Form 741, Nuclear 
Material Transaction Report; DOE/NRC Form 742, Material Balance Report; 
and DOE/NRC Form 742C, Physical Inventory Listing. This collection is 
being renewed to include approximately 25 entities (9 have been 
identified) subject to the U.S.-IAEA Caribbean Territories Safeguards 
Agreement (INFCIRC/366). Part 75 of 10 CFR requires licensees to 
provide reports of nuclear material inventory and flow for entities 
under the U.S.-IAEA Caribbean Territories Safeguards Agreement 
(INFCIRC/366), permit inspections by IAEA inspectors, give immediate 
notice to the NRC in specified situations involving the possibility of 
loss of nuclear material, and give notice for imports and exports of 
specified amounts of nuclear material. These licensees will also follow 
written material accounting and control procedures, although actual 
reporting of transfer and material balance records to the IAEA will be 
done through the U.S. State System of Accounting and Control (Nuclear 
Materials Management and Safeguards System, collected under OMB 
clearance numbers 3150-0003, 3150-0004, 3150-0055, 3150-0057, and 3150-
0058).
    The NRC needs this information to implement its international 
safeguards obligations under the U.S.-IAEA Caribbean Territories 
Safeguards Agreement (INFCIRC/366).
    You may submit comments on any aspect of the information 
collection(s), including suggestions for reducing the burden, by the 
following methods:
    Federal rulemaking website: Go to http://www.regulations.gov and 
search for Docket ID NRC-2015-0263.
     Mail comments to: Information Services Branch, Office of 
the Chief Information Officer, Mail Stop: T-2 F43, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001 or to Aaron Szabo, 
Desk Officer, Office of Information and Regulatory Affairs (3150-0004, 
-0005, -0055, -0056, and -0057), NEOB-10202, Office of Management and 
Budget, Washington, DC 20503; telephone: 202-395-3621, email: 
[email protected].

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless the document requesting 
or requiring the collection displays a currently valid OMB control 
number.

XII. Congressional Review Act

    This final rule is a rule as defined in the Congressional Review 
Act (5 U.S.C. 801-808). However, OMB has not found it to be a major 
rule as defined in the Congressional Review Act.

XIII. Agreement State Compatibility

    Under the ``Policy Statement on Adequacy and Compatibility of 
Agreement State Programs'' approved by the Commission on June 30, 1997, 
and published in the Federal Register on September 3, 1997 (62 FR 
46517), this rule is classified as Compatibility Category ``NRC.'' 
Compatibility is not required for Category ``NRC'' regulations. The NRC 
program elements in this category are those that relate directly to 
areas of regulation reserved to the NRC by the Atomic Energy Act of 
1954, as amended, or the provisions of title 10 of the Code of Federal 
Regulations. Although an Agreement State may not adopt program elements 
reserved to NRC, it may wish to inform its licensees of certain 
requirements via a mechanism that is consistent with the particular 
State's administrative procedure laws but does not confer regulatory 
authority on the State.

XIV. Availability of Guidance

    The NRC has revised NUREG/BR-0006, ``Instructions for Completing 
Nuclear Material Transaction Reports'' (ADAMS Accession Nos. 
ML17026A069), and NUREG/BR-0007, ``Instructions for the Preparation and 
Distribution of Material Status Reports'' (Accession Nos. ML17026A076), 
to add an SQP-specific appendix. Public comment will be sought by the 
NRC for the next revisions of NUREG/BR-0006 and NUREG/BR-0007 (separate 
from this final rule), anticipated in calendar year 2018.

List of Subjects in 10 CFR Part 75

    Criminal penalties, Intergovernmental relations, Nuclear energy, 
Nuclear materials, Nuclear power plants and reactors, Penalties, 
Reporting and recordkeeping requirements, Security measures, Treaties.

    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 75:

[[Page 19609]]

PART 75--SAFEGUARDS ON NUCLEAR MATERIAL--IMPLEMENTATION OF 
SAFEGUARDS AGREEMENTS BETWEEN THE UNITED STATES AND THE 
INTERNATIONAL ATOMIC ENERGY AGENCY

0
1. The authority citation for part 75 continues to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 53, 63, 103, 104, 
122, 161, 223, 234, 1701 (42 U.S.C. 2073, 2093, 2133, 2134, 2152, 
2201, 2273, 2282, 2297f); Energy Reorganization Act of 1974, sec. 
201 (42 U.S.C. 5841); Nuclear Waste Policy Act of 1982, secs. 135, 
141 (42 U.S.C. 10155, 10161); 44 U.S.C. 3504 note.

0
2. Revise the heading of part 75 to read as set forth above.


0
3. Revise Sec.  75.1 to read as follows:


Sec.  75.1  Purpose.

    The purpose of this part is to implement the requirements 
established by the safeguards agreements between the United States 
(U.S.) and the International Atomic Energy Agency (IAEA). This part 
contains requirements to ensure that the U.S. meets its nuclear non-
proliferation obligations under the safeguards agreements. These 
obligations include providing information to the IAEA on the physical 
location of applicant, licensee, or certificate holder activities; 
information on source and special nuclear materials; and access to the 
physical location of applicant, licensee, or certificate holder 
activities. These obligations are similar to the obligations accepted 
by other countries.

0
4. Revise Sec.  75.2 to read as follows:


Sec.  75.2  Scope.

    (a) The regulations in this part apply to all persons licensed by 
the Nuclear Regulatory Commission (NRC) or an Agreement State; who hold 
a certificate of compliance, construction permit or authorization 
issued by the NRC; who have filed an application with the NRC to 
construct a facility or to receive source or special nuclear material; 
or who possess source or special nuclear material subject to NRC 
regulation under 10 CFR Chapter I.
    (b) The regulations in this part do not apply to facilities or 
locations determined by the U.S. Government to be associated with 
activities or information of direct national security significance.

0
5. Revise Sec.  75.3 to read as follows:


Sec.  75.3  Exemptions.

    The NRC may, upon application of any interested person or upon its 
own initiative, grant exemptions from the requirements of this part 
that it determines are authorized by law and consistent with the 
safeguards agreements, are not inimical to the common defense and 
security, and are otherwise in the public interest.

0
6. Amend Sec.  75.4 by:
0
a. Removing the definition of Agreement;
0
b. Revising the definitions of Inventory change, Key measurement point, 
and Location;
0
c. Adding definitions in alphabetical order for Nuclear Material 
Outside Facilities, Person, and Physical location;
0
d. Remove the definition for Safeguards Agreement;
0
e. Adding definitions in alphabetical order for Safeguards Agreements, 
Small Quantities Protocol, U.S. Caribbean Territories, U.S.-IAEA 
Caribbean Territories Safeguards Agreement, and U.S.-IAEA Safeguards 
Agreement.
    The revisions and additions read as follows:


Sec.  75.4  Definitions.

* * * * *
    Inventory change means an increase or decrease in the quantity of 
nuclear material in an IAEA material balance area.
    Key measurement point means a physical location where nuclear 
material appears in such a form that it may be measured to determine 
material flow or inventory. Key measurement points include, but are not 
limited to, inputs and outputs (including measured discards) and 
storages in IAEA material balance areas.
    Location means any geographical point or area subject to IAEA 
safeguards under the Additional Protocol because it was identified 
either by the U.S. in its declarations, or by the IAEA resulting from a 
question.
* * * * *
    Nuclear material outside facilities means nuclear material in the 
U.S. Caribbean Territories that is not in a facility, and is 
customarily used in amounts of one effective kilogram or less.
    Person means:
    (1) Any individual, corporation, partnership, firm, association, 
trust, estate, public or private institution, group, government agency 
other than the Commission or the U.S. Department of Energy (except that 
the Department shall be considered a person within the meaning of the 
regulations in this part to the extent that its facilities and 
activities are subject to the licensing and related regulatory 
authority of the Commission pursuant to law) any State or any political 
subdivision of, or any political entity within a State, any foreign 
government or nation or any political subdivision of any such 
government or nation, or other entity; and
    (2) Any legal successor, representative, agent, or agency of the 
foregoing.
    Physical location means a specific geographical point or area, 
where either nuclear material subject to Safeguards Agreements resides 
or an activity subject to the Safeguards Agreements occurs.
    Safeguards Agreements means the Agreement between the United States 
of America and the IAEA for the Application of Safeguards in the United 
States (INFCIRC/288) and all protocols and subsidiary arrangements 
thereto, and the Agreement between the United States and the 
International Atomic Energy Agency for the Application of Safeguards in 
Connection with the Treaty for the Prohibition of Nuclear Weapons in 
Latin America (INFCIRC/366) and all protocols and subsidiary 
arrangements thereto.
    Small Quantities Protocol means the Small Quantities Protocol to 
the Agreement between the United States of America and the 
International Atomic Energy Agency for the Application of Safeguards in 
Connection with the Treaty for the Prohibition of Nuclear Weapons in 
Latin America (INFCIRC/366).
* * * * *
    U.S. Caribbean Territories means those territories for which, de 
jure or de facto, the U.S. is internationally responsible and which lie 
within the limits of the geographical zone established in Article 4 of 
the Treaty for the Prohibition of Nuclear Weapons in Latin America and 
the Caribbean (Tlatelolco Treaty), which includes: Puerto Rico, the 
U.S. Virgin Islands, Navassa Island, Serranilla Bank, Baja Nuevo 
(Petrel Island), and the Guantanamo Bay Naval Base.
    U.S.-IAEA Caribbean Territories Safeguards Agreement means the 
Agreement between the United States of America and the IAEA for the 
Application of Safeguards in Connection with the Treaty for the 
Prohibition of Nuclear Weapons in Latin America (INFCIRC/366), and all 
protocols and subsidiary arrangements thereto.
    U.S.-IAEA Safeguards Agreement means the Agreement between the 
United States of America and the International Atomic Energy Agency for 
the Application of Safeguards in the United States (INFCIRC/288), and 
all protocols and subsidiary arrangements thereto.

[[Page 19610]]


0
7. Amend Sec.  75.6 by revising section heading and paragraphs (b) and 
(c) and adding paragraph (e) to read as follows:


Sec.  75.6  Reporting requirements for facilities, locations, and 
nuclear material outside facilities.

* * * * *
    (b) Each applicant, licensee, certificate holder, or possessor of 
nuclear material outside facilities, who has been given notice by the 
NRC in writing that it is required to report under Safeguards 
Agreements for its facility, nuclear material outside facilities, or 
location, shall make its initial and subsequent reports, including 
attachments, in an appropriate format defined in the instructions. The 
DOE/NRC forms and their instructions may be accessed at https://www.nrc.gov/reading-rm/doc-collections/forms. The AP-A and associated 
forms may be accessed at www.AP.gov.
    (c) Facilities--Specific information regarding facilities is to be 
reported as follows:

------------------------------------------------------------------------
              Item                   Section       Manner of delivery
------------------------------------------------------------------------
Initial Inventory Report........         75.32  As specified by printed
                                                 instructions for
                                                 preparation of DOE/NRC
                                                 Form-742C.
Inventory Change Reports........         75.34  As specified by printed
                                                 instructions for
                                                 preparation of DOE/NRC
                                                 Form-741 and Form-740M.
Material Status Reports.........         75.35  As specified by printed
                                                 instructions for
                                                 preparation of DOE/NRC
                                                 Form-742, Form-742C,
                                                 and Form-740M.
Special Reports.................         75.36  To the NRC Headquarters
                                                 Operations Center
                                                 (commercial telephone
                                                 number 301-816-5100).
Advance Notification of Import           75.43  In writing to the NRC,
 and Exports or of Domestic                      as specified in
 Transfers.                                      75.6(a), 75.44, and
                                                 75.45.
Facility information............      75.10(d)  As specified by printed
                                                 instructions for Form N-
                                                 71 and associated
                                                 forms.
Site information................      75.10(e)  As specified by printed
                                                 instructions for
                                                 preparation of DOC/NRC
                                                 Form AP-A and
                                                 associated forms.
------------------------------------------------------------------------

* * * * *
    (e) Nuclear material outside facilities--Specific information 
regarding nuclear material outside facilities in the U.S. Caribbean 
Territories is to be reported as follows:

------------------------------------------------------------------------
              Item                   Section       Manner of delivery
------------------------------------------------------------------------
Initial Inventory Report........         75.32  As specified by printed
                                                 instructions for
                                                 preparation of DOE/NRC
                                                 Form-742C and DOE/NRC
                                                 Form 740M.
Inventory Change Reports........         75.34  As specified by printed
                                                 instructions for
                                                 preparation of DOE/NRC
                                                 Form-741 and DOE/NRC
                                                 Form-740M.
Material Status Reports.........         75.35  As specified by printed
                                                 instructions for
                                                 preparation of DOE/NRC
                                                 Form-742, DOE/NRC Form-
                                                 742C, and DOE/NRC Form-
                                                 740M.
Special Reports.................         75.36  To the NRC Headquarters
                                                 Operations Center
                                                 (commercial telephone
                                                 number 301-816-5100).
Advance Notification of Import           75.43  In writing to the NRC,
 and Exports or of Domestic                      as specified in
 Transfers.                                      75.6(a), 75.43, 75.44,
                                                 and 75.45.
Nuclear Material Outside                 75.12  As specified by printed
 Facilities Information.                         instructions for
                                                 preparation of DOE/NRC
                                                 Form 740M.
------------------------------------------------------------------------


0
8. Revise Sec.  75.7 to read as follows:


Sec.  75.7  Notification of IAEA safeguards.

    (a) The NRC, by written notice, will inform the applicant, 
licensee, or certificate holder of those facilities subject to the 
application of IAEA safeguards under the U.S.-IAEA Safeguards 
Agreement.
    (b) The licensee must inform the NRC in accordance with Sec.  
75.6(c):
    (1) Before the licensee begins an activity that may be subject to 
the U.S-IAEA Safeguards Agreement; or
    (2) Within 30 days of beginning an activity subject to the 
Additional Protocol.
    (c) The notice provided under paragraph (a) of this section is 
effective until the NRC informs the licensee or certificate holder, in 
writing, that its facility is no longer so designated. Whenever a 
previously designated facility is no longer subject to the application 
of IAEA safeguards under the U.S.-IAEA Safeguards Agreement, the NRC 
will give the licensee or certificate holder prompt notice to that 
effect.

0
9. In Sec.  75.8, revise paragraphs (a) introductory text, (a)(1) and 
(4), and (b) through (d); redesignate paragraph (h) as paragraph (j) 
and revise it, and add new paragraph (h) and paragraph (i) to read as 
follows:


Sec.  75.8  IAEA inspections.

    (a) As provided in the U.S.-IAEA Safeguards Agreement and 
Additional Protocol, inspections may be ad hoc, routine, special, or a 
complementary access (or a combination of the foregoing). As provided 
in the Small Quantities Protocol of the U.S.-IAEA Caribbean Territories 
Safeguards Agreement, inspections may be ad hoc or special. The 
objectives of the IAEA inspectors in the performance of inspections are 
as follows:
    (1) Ad hoc inspections to verify information contained in the 
licensee's, applicant's, certificate holder's, or possessor's of 
nuclear material outside facilities facility information or initial 
inventory report, or to identify and verify changes in the situation 
that have occurred after the inventory date under Sec.  75.32(a) or (b) 
at any physical location where the initial inventory report or any 
inspections carried out indicate that nuclear material subject to 
safeguards pursuant to the Safeguards Agreements may be present;
* * * * *
    (4) Special inspections may be conducted at any of the physical 
locations specified above and any

[[Page 19611]]

additional places where the NRC (in coordination with other Federal 
agencies), in response to an IAEA request, finds access to be 
necessary;
* * * * *
    (b) The NRC will notify the applicant, licensee, certificate 
holder, or possessor of nuclear material outside facilities of each 
such inspection or complementary access in writing as soon as possible 
after receiving the IAEA's notice from the U.S. Department of State. 
The applicant, licensee, certificate holder, or possessor of nuclear 
material outside facilities should consult with the NRC immediately if 
the inspection or complementary access would unduly interfere with its 
activities or if its key personnel cannot be available.
    (c) Each applicant, licensee, certificate holder, or possessor of 
nuclear material outside facilities subject to the provisions of this 
part shall recognize as a duly authorized representative of the IAEA 
any person bearing IAEA credentials for whom the NRC has provided 
written or electronic authorization that the IAEA representative is 
permitted to conduct inspection activities on specified dates. If the 
IAEA representative's credentials have not been confirmed by the NRC, 
the applicant, licensee, certificate holder, or possessor of nuclear 
material outside facilities shall not admit the person until the NRC 
has confirmed the person's credentials. The applicant, licensee, 
certificate holder, or possessor of nuclear material outside facilities 
shall notify the NRC promptly, by telephone, whenever an IAEA 
representative arrives at a facility, nuclear material outside 
facilities, or location without advance notification. The applicant, 
licensee, certificate holder, or possessor of nuclear material outside 
facilities shall also contact the NRC, by telephone, within 1 hour with 
respect to the credentials of any person who claims to be an IAEA 
representative and shall accept written or electronic confirmation of 
the credentials from the NRC. Confirmation may be requested through the 
NRC Operations Center (commercial telephone number 301-816-5100).
    (d) Each applicant, licensee, certificate holder, or possessor of 
nuclear material outside facilities subject to the provisions of this 
part shall allow the IAEA opportunity to conduct an NRC-approved 
inspection or complementary access of the facility, nuclear material 
outside facilities, or location to verify the information submitted 
under Sec. Sec.  75.10 through 75.12 and 75.31 through 75.43. The NRC 
will assign an employee to accompany IAEA representative(s) at all 
times during the inspection or complementary access. The applicant, 
licensee, certificate holder, or possessor of nuclear material outside 
facilities may accompany IAEA representatives who inspect or access the 
facility, nuclear material outside facilities, or location. The IAEA 
representatives should not be delayed or otherwise impeded in the 
exercise of their duties.
* * * * *
    (h) Each possessor of nuclear material outside facilities shall 
permit the IAEA, in conducting an ad hoc or special inspection for 
nuclear material outside facilities, to:
    (1) Observe that the measurements of nuclear material at key 
measurement points for material balance accounting are representative;
    (2) Verify the function and calibration of instruments and other 
measurement control equipment;
    (3) Observe that samples at key measurement points for material 
balance accounting are taken in accordance with procedures that produce 
representative samples, observe the treatment and analysis of the 
samples, and obtain duplicates of these samples;
    (4) Arrange to use the IAEA's own equipment for independent 
measurement and surveillance; and
    (5) Perform other measures requested by the IAEA and approved by 
the NRC.
    (i) Each possessor of nuclear material outside facilities shall, at 
the request of an IAEA inspector during an ad hoc or special inspection 
for nuclear material outside facilities:
    (1) Ship material accountancy samples taken for the IAEA's use, in 
accordance with applicable packaging and export licensing regulations, 
by the method of carriage and to the address specified by the 
inspector; and
    (2) Take other actions contemplated by the U.S.-IAEA Caribbean 
Territories Safeguards Agreement and included in the safeguards 
approach approved by the United States and the IAEA, including but not 
limited to the following examples:
    (i) Enabling the IAEA to arrange to install its equipment for 
measurement and surveillance;
    (ii) Enabling the IAEA to apply its seals and other identifying and 
tamper-indicating devices to containers;
    (iii) Making additional measurements and taking additional samples 
for the IAEA's use;
    (iv) Analyzing the IAEA's standard analytical samples;
    (v) Using appropriate standards in calibrating instruments and 
other equipment; and
    (vi) Carrying out other calibrations.
    (j) Nothing in this section requires or authorizes an applicant, 
licensee, certificate holder, or possessor of nuclear material outside 
facilities to carry out any operation that would otherwise constitute a 
violation of the terms of any applicable license, regulation, or order 
of the NRC.


Sec.  75.9  [Amended]

0
10. In Sec.  75.9, in paragraph (b), add the number ``75.12'' in 
numerical order.

0
11. Revise the undesignated center heading ``FACILITY AND LOCATION 
INFORMATION'' to read ``INFORMATION FOR FACILITIES, LOCATIONS, AND 
NUCLEAR MATERIAL OUTSIDE FACILITIES''.

0
12. In Sec.  75.10:
0
a. Revise the section heading;
0
b. In paragraphs (a) and (c)(2) remove the phrase ``Safeguards 
Agreement'' wherever it may appear and add in its place the phrase 
``U.S.-IAEA Safeguards Agreement'';
0
c. In paragraphs (b)(1) and (2) and (d)(5), remove the word 
``location'' and add in its place the phrase ``physical location''; and
0
d. Wherever it may appear, remove the word ``Commission'' and add in 
its place the word ``NRC''.
    The revision reads as follows:


Sec.  75.10  Facilities.

* * * * *

0
13. In Sec.  75.11:
0
a. Revise the section heading;
0
b. Remove the word ``Commission'' and add in its place the word ``NRC'' 
in the introductory text; and
0
c. In paragraphs (b)(1) and (3) and (5) through (7), wherever it may 
appear, remove the word ``location'' and add in its place the phrase 
``physical location''.
    The revision reads as follows:


Sec.  75.11  Locations.

* * * * *


Sec.  75.12  [Redesignated as Sec.  75.13]

0
14. Redesignate Sec.  75.12 as Sec.  75.13 and revise it add new Sec.  
75.12 to read as follows:


Sec.  75.12  Nuclear material outside facilities.

    A possessor of nuclear material outside facilities shall provide to 
the NRC the possessor's name and mailing address, physical location of 
the nuclear material, use of nuclear material, and nuclear material 
accounting and control procedures, including organizational 
responsibilities for accountancy and control. This information must be 
provided annually with the material status report in accordance with 
Sec. Sec.  75.6(e) and 75.35(c).

[[Page 19612]]

Sec.  75.13  Communication of information to the International Atomic 
Energy Agency (IAEA).

    (a) Except as otherwise provided in this section, the NRC will 
furnish to the IAEA all information submitted under Sec. Sec.  75.10, 
75.11, 75.12, and 75.31 through 75.43.
    (b)(1) An applicant, licensee, certificate holder, or possessor of 
nuclear material outside facilities may request that information of 
particular sensitivity, that it customarily holds in confidence, not be 
transmitted physically to the IAEA. An applicant, licensee, certificate 
holder, or possessor of nuclear material outside facilities who makes 
this request shall, at the time the information is submitted, identify 
the pertinent document or part thereof and make a full statement of the 
reasons supporting the request.
    (2) In considering such a request, it is the policy of the NRC to 
achieve an effective balance between legitimate concerns of licensees, 
applicants, certificate holders, or possessors of nuclear material 
outside facilities, including protection of the competitive position of 
the owner of the information, and the undertaking of the United States 
to cooperate with the IAEA to facilitate the implementation of the 
safeguards provided for in the Safeguards Agreements. The NRC will take 
into account the obligation of the IAEA to take every precaution to 
protect commercial and industrial secrets and other confidential 
information coming to its knowledge in the implementation of the 
safeguards agreements.
    (3) A request made under Sec.  2.390 of this chapter will not be 
treated as a request under this section unless the application makes 
specific reference to this section, nor shall a determination to 
withhold information from public disclosure necessarily require a 
determination that such information not be transmitted physically to 
the IAEA.
    (4) If a request is granted, the NRC will determine a physical 
location where the information will remain readily available for 
examination by the IAEA and will so inform the applicant, licensee, 
certificate holder, or possessor of nuclear material outside 
facilities.
    (c) A request made under Sec.  2.390(b) of this chapter will not be 
treated as a request under this section unless the application makes 
specific reference to this section, nor shall a determination to 
withhold information from public disclosure necessarily require a 
determination that this information not be transmitted physically to 
the IAEA.
    (d) Where consistent with the Safeguards Agreements, the NRC may at 
its own initiative, or at the request of a licensee, determine that any 
information submitted under Sec. Sec.  75.10, 75.11, and 75.12 shall 
not be physically transmitted to, or made available for examination by, 
the IAEA.

0
15. Revise the undesignated center heading ``MATERIAL ACCOUNTING AND 
CONTROL FOR FACILITIES'' to read ``MATERIAL ACCOUNTING AND CONTROL''.


Sec.  75.15  [Amended]

0
16. In Sec.  75.15:
0
a. Wherever it may appear, remove the phrase ``Safeguards Agreement'' 
and add in its place the phrase ``U.S.-IAEA Safeguards Agreement''; and
0
b. Wherever it may appear, remove the word ``Commission'' and add in 
its place the word ``NRC''.

0
17. In Sec.  75.21, revise paragraph (a), redesignate paragraphs (b) 
through (d) as paragraphs (c) through (e), and add new paragraph (b) to 
read as follows:


Sec.  75.21  General requirements.

    (a) Each licensee or certificate holder who has been given notice 
by the NRC in writing that its facility has been identified under the 
U.S.-IAEA Safeguards Agreement shall establish, maintain, and follow 
written material accounting and control procedures.
    (b) Each possessor of nuclear material outside facilities in the 
U.S. Caribbean Territories shall establish, maintain, and follow 
written material accounting and control procedures.
* * * * *

0
18. Revise Sec.  75.24 to read as follows:


Sec.  75.24  Retention of records.

    (a) The applicant, licensee, certificate holder, or possessor of 
nuclear material outside facilities shall retain as a record any 
request made pursuant to Sec. Sec.  75.13(b)(1), 75.13(b)(4), and 75.21 
and documents related to that request, which are either prepared or 
received by that entity, until the NRC terminates the license or 
certificate, or until the entity no longer possesses nuclear material, 
whichever occurs later. When records required by these sections are 
superseded, these records must be retained for 3 years after each 
change is made.
    (b) The applicant, licensee, certificate holder, or possessor of 
nuclear material outside facilities shall retain the records referred 
to in Sec. Sec.  75.22 and 75.23 for at least 5 years.

0
19. Under Sec.  75.24, add a new undesignated center heading and new 
Sec. Sec.  75.26 through 75.29 to read as follows:

IAEA Nuclear Material Exemptions and Terminations

Sec.
75.26 Exemption from IAEA safeguards.
75.27 Requirements for facilities, locations, and nuclear material 
outside facilities after issuance of IAEA exemptions.
75.28 Termination from IAEA safeguards.
75.29 Requirements for facilities, locations, and nuclear material 
outside facilities after termination from IAEA safeguards.


Sec.  75.26  Exemption from IAEA safeguards.

    (a) The U.S. Government may request from the IAEA an exemption from 
IAEA safeguards with respect to nuclear material of the following 
types:
    (1) Source and special nuclear material in gram quantities or less 
as a sensing component in instruments;
    (2) Nuclear material used in nonnuclear activities; and
    (3) Plutonium with an isotopic concentration of plutonium-238 
exceeding 80 percent.
    (b) Nuclear material exempted under paragraph (a) of this section 
must not exceed the quantity limits specified in the Safeguards 
Agreements.
    (c) The NRC shall provide a prompt notification of an exemption 
issued by the IAEA to the applicable licensee, certificate holder, or 
nuclear material outside facilities.


Sec.  75.27  Requirements for facilities, locations, and nuclear 
material outside facilities after issuance of IAEA exemptions.

    (a) Licensees of facilities. After the NRC has notified a licensee 
of a facility under Sec.  75.26(c) that the IAEA has approved the 
exemption requested under Sec.  75.26(a) of this part, the licensee:
    (1) Shall submit reports to the NRC pursuant to Sec. Sec.  75.6(c) 
and 75.31(a); and
    (2) Shall not export any nuclear material identified under Sec.  
75.26 until the NRC notifies the licensee that IAEA safeguards under 
the U.S.-IAEA Safeguards Agreement have been re-applied.
    (b) Licensees of locations. A licensee of a location shall provide 
annual updates pursuant to Sec.  75.11(c) following notification from 
the NRC that the IAEA has approved the exemption requested under Sec.  
75.26.
    (c) Possessors of nuclear material outside facilities. After the 
NRC has notified a possessor of nuclear material outside facilities 
under Sec.  75.6(c) that the IAEA has approved the exemption requested 
under Sec.  75.26(a), a possessor of nuclear material outside 
facilities:
    (1) Shall submit reports to the NRC pursuant to Sec. Sec.  75.6(e) 
and 75.31(b); and
    (2) Shall not export out of the U.S. Caribbean Territories any 
nuclear material identified under Sec.  75.26 until

[[Page 19613]]

the NRC notifies the possessor that IAEA safeguards under the U.S.-IAEA 
Caribbean Territories Safeguards Agreement have been re-applied.
    (d) Prohibition against commingling of nuclear material in storage. 
Licensees of facilities, licensees of locations, and possessors of 
nuclear material outside facilities shall not store nuclear material 
exempted under Sec.  75.26 together with nuclear material subject to 
Safeguards Agreements.
    (e) Nuclear material exempted from IAEA safeguards under Sec.  
75.26 is not subject to inspections by the IAEA.


Sec.  75.28  Termination from IAEA safeguards.

    (a) Upon request of the U.S. Government, the IAEA may terminate 
IAEA safeguards on nuclear material that has been consumed, or has been 
diluted in such a way that it is no longer usable for any nuclear 
activity relevant from the point of view of safeguards, or has become 
practicably irrecoverable.
    (b) The NRC will notify the affected licensees, certificate 
holders, and nuclear material outside facilities of the IAEA's 
termination of IAEA safeguards.


Sec.  75.29  Requirements for facilities, locations, and nuclear 
material outside facilities after termination from IAEA safeguards.

    (a) Licensees of facilities. A licensee of a facility shall submit 
an Inventory Change Report pursuant to Sec. Sec.  75.6(c) and 75.31(a) 
following notification from the NRC that IAEA safeguards have been 
terminated as described in Sec.  75.28.
    (b) Licensees of locations. A licensee of a location shall provide 
annual updates pursuant to Sec.  75.11(c) following notification from 
the NRC that IAEA safeguards have been terminated as described in Sec.  
75.28.
    (c) Possessors of nuclear material outside facilities. A possessor 
of nuclear material outside facilities shall submit an Inventory Change 
Report pursuant to Sec. Sec.  75.6(e) and 75.31(b) following 
notification from the NRC that IAEA safeguards have been terminated as 
described in Sec.  75.28.
    (d) Nuclear material that has had IAEA safeguards terminated as 
described in Sec.  75.28 is not subject to inspections by the IAEA.

0
20. Revise Sec.  75.31 to read as follows:


Sec.  75.31  General requirements.

    (a) Each licensee or certificate holder who has been given notice 
by the NRC under Sec.  75.7 that its facility has been identified under 
the U.S.-IAEA Safeguards Agreement shall make, in an appropriate 
computer-readable format, an initial inventory report, and thereafter 
shall make accounting reports, with respect to the facility and, in 
addition, licensees or certificate holders who have been given notice, 
under Sec.  75.7 that their facilities are subject to the application 
of IAEA safeguards, shall make the special reports described in Sec.  
75.36. These reports must be based on the records kept under Sec.  
75.21. At the request of the NRC, the licensee or certificate holder 
shall amplify or clarify any report with respect to any matter relevant 
to implementation of the U.S.-IAEA Safeguards Agreement. Any 
amplification or clarification must be in writing and must be 
submitted, to the address specified in the request, within 20 days of 
the date of the request or other time as may be specified by the NRC.
    (b) Each possessor of nuclear material outside facilities 
(possessor) subject to the U.S.-IAEA Caribbean Territories Safeguards 
Agreement shall make, in an appropriate computer-readable format, an 
initial inventory report in accordance with Sec.  75.32 of this report. 
Thereafter, that possessor shall make accounting reports as described 
in Sec. Sec.  75.33 through 75.35 and special reports as described in 
Sec.  75.36. These reports must be based on the records kept under 
Sec.  75.21(b). At the request of the NRC, the possessor shall amplify 
or clarify any report with respect to any matter relevant to 
implementation of the U.S.-IAEA Caribbean Territories Safeguards 
Agreement. Any amplification or clarification must be in writing and 
must be submitted, to the address specified in the request, within 20 
days of the date of the request or other time as may be specified by 
the NRC.

0
21. Revise Sec.  75.32 to read as follows:


Sec.  75.32  Initial inventory report.

    (a) Licensees of facilities. The initial inventory report must show 
the quantities of nuclear material at a facility. The quantities 
reported in the initial inventory report must be accurate as of the 
last day of the calendar month in which the NRC gives notice to the 
licensee or certificate holder that an initial inventory report is 
required (the ``inventory date'' on DOE/NRC Form 742C).
    (b) Possessors of nuclear material outside facilities. The initial 
inventory report must show the quantities of nuclear material outside 
facilities. The quantities reported in the initial inventory report 
must be accurate as of the last day of the calendar month in which the 
possessor of nuclear material outside facilities becomes subject to the 
requirements of this part (the ``inventory date'' on DOE/NRC Form 
742C).
    (c) Initial inventory report. The information in the initial 
inventory report may be based upon the accounting records. The initial 
inventory report must be submitted to the NRC on DOE/NRC Form 742C in 
accordance with the instructions in NUREG/BR-0007 and NMMSS Report D-24 
``Personal Computer Data Input for NRC Licensees.'' Copies of the 
instructions for completing DOE/NRC Form 742C and DOE/NRC Form 740M may 
be obtained from the following websites: http://www.nrc.gov/reading-rm/doc-collections/nuregs/brochures and https://nnsa.energy.gov/aboutus/ourprograms/nuclearsecurity/nmmsshome/nmmssinfo/nmmssreports.
    (d) Report forms. DOE/NRC Form 742C must be accompanied by DOE/NRC 
Form 740M if any batch of source material reported in DOE/NRC Form 742C 
is equal to or less than 0.4 kg.
    (e) Report submission. The initial inventory report must be 
submitted to the NRC no later than 20 days after the inventory date.

0
22. In Sec.  75.33, revise (a)(1)(i) to read as follows:


Sec.  75.33   Accounting reports.

    (a)(1) * * *
    (i) Inventory Change Reports (Nuclear Material Transaction Report); 
and
* * * * *

0
23. Revise Sec.  75.34 to read as follows:


Sec.  75.34  Inventory change reports.

    (a) Each licensee of a facility, certificate holder, or possessor 
of nuclear material outside facilities who transfers nuclear material 
subject to IAEA safeguards shall submit an Inventory Change Report 
(Nuclear Material Transaction Report) to the NRC no later than the 
close of business the next working day after each transfer, in 
accordance with the instructions in NUREG/BR-0006 and NMMSS Report D-24 
``Personal Computer Data Input for NRC Licensees.'' Each licensee of a 
facility, certificate holder, or possessor of nuclear material outside 
facilities who receives nuclear material subject to IAEA safeguards 
shall submit an Inventory Change Report to the NRC. Inventory Change 
Reports for receipts must be submitted within 10 days after the 
material is received, in accordance with the instructions in NUREG/BR-
0006 and NMMSS Report D-24 ``Personal Computer Data Input for NRC 
Licensees.'' Copies of the instructions for completing DOE/NRC Form 741 
and DOE/NRC Form 740M may be obtained from the following websites: 
http://www.nrc.gov/reading-rm/doc-collections/nuregs/brochures and

[[Page 19614]]

https://nnsa.energy.gov/aboutus/ourprograms/nuclearsecurity/nmmsshome/nmmssinfo/nmmssreports.
    (b) An Inventory Change Report (Nuclear Material Transaction 
Report) must specify identification and batch data for each batch of 
nuclear material, the date of the inventory change, and, as 
appropriate:
    (1) The originating IAEA material balance area or the shipper; and
    (2) The receiving IAEA material balance area or the recipient.
    (3) Each person who receives any nuclear material from a foreign 
source shall complete both the supplier's and receiver's portion of 
DOE/NRC Form 741.
    (4) Each person in the U.S. Caribbean Territories who receives 
nuclear material from the U.S. outside the U.S. Caribbean Territories 
shall complete both the supplier's and receiver's portion of DOE/NRC 
Form 741.
    (c) An Inventory Change Report must be accompanied by DOE/NRC Form 
740M whenever it is necessary to:
    (1) Explain the inventory changes set forth in the operating 
records required by Sec.  75.23; or
    (2) Describe, to the extent specified in the license conditions, 
the anticipated operational program for the facility, including, but 
not limited to, the schedule for taking physical inventory.
    (d) Copies of the instructions for completing DOE/NRC Form 741 and 
DOE/NRC Form 740M may be obtained from the following websites: http://www.nrc.gov/reading-rm/doc-collections/nuregs/brochures and https://nnsa.energy.gov/aboutus/ourprograms/nuclearsecurity/nmmsshome/nmmssinfo/nmmssreports.

0
24. Revise Sec.  75.35 to read as follows:


Sec.  75.35  Material status reports.

    (a) Each licensee of a facility, certificate holder, or possessor 
of nuclear material outside facilities with nuclear materials subject 
to IAEA safeguards shall submit a material status report for each 
physical inventory taken in accordance with the material accounting and 
control procedures required by Sec.  75.21. The material status report 
must include a DOE/NRC Form 742 and a DOE/NRC Form 742C, which lists 
all batches separately and specifies material identification and batch 
data for each batch. The reports described in this section must be 
prepared and submitted in accordance with instructions in NUREG/BR-
0006, NUREG/BR-0007, and NMMSS Report D-24.
    (b) Unless otherwise specified in the license conditions, material 
status reports shall be submitted to the NRC as soon as possible, but 
in any event no later than 30 days after the start of the physical 
inventory.
    (c) Possessors of nuclear material outside facilities must submit a 
material status report to the NRC every 12 calendar months, for a 
reporting period that commences on May 1st and concludes on April 30th 
of the next calendar year. The annual inventory report must be dated 
April 30th.
    (d) A material status report must be accompanied by DOE/NRC Form 
740M whenever it is necessary to:
    (1) Describe the anticipated operational program;
    (2) Provide additional explanation and clarification at the 
country, facility material balance area, report, or entry level;
    (3) Provide additional explanation not accommodated in any of the 
data elements of DOE/NRC Form 742 or DOE/NRC Form 742C; or
    (4) Report actual inventory values equal to or less than 0.4 kg of 
source material.
    (e) Copies of the instructions for completing DOE/NRC Form 742, 
DOE/NRC Form 742C, and DOE/NRC Form 740M may be obtained from the 
following websites: http://www.nrc.gov/reading-rm/doc-collections/nuregs/brochures and https://nnsa.energy.gov/aboutus/ourprograms/nuclearsecurity/nmmsshome/nmmssinfo/nmmssreports.

0
25. Revise Sec.  75.36 to read as follows:


Sec.  75.36  Special reports.

    (a) This section applies to licensees, certificate holders, and 
possessors of nuclear material outside facilities who:
    (1) Have been given notice under Sec.  75.7(a) that their 
facilities are subject to the application of IAEA safeguards, or
    (2) Are subject to the U.S.-IAEA Caribbean Territories Safeguards 
Agreement.
    (b) Each entity subject to this section shall immediately make a 
special report to the NRC, by telephone, if:
    (1) There is a loss of nuclear material:
    (i) In excess of specified limits, as stated in license conditions, 
for those entities described in paragraph (a)(1) of this section, or
    (ii) In any amount, for those entities described in paragraph 
(a)(2) of this section,
    (2) There are unexpected changes in containment to the extent that 
unauthorized removal of nuclear material has become possible, or
    (3) Reporting is required under a license condition.

0
26. In Sec.  75.43, revise paragraph (a) to read as follows:


Sec.  75.43  Circumstances requiring advance notification.

    (a) Each person subject to the Safeguards Agreements shall give 
advance written notification to the NRC regarding the international and 
domestic transfers specified in this section.
* * * * *

0
27. Revise Sec.  75.46, revise paragraphs (a), (b), (c) introductory 
text, and (d) to read as follows:


Sec.  75.46  Expenses.

    (a) Under the Safeguards Agreements, the IAEA undertakes to 
reimburse any person subject to this part for extraordinary expenses 
incurred as a result of its specific request provided that the IAEA has 
agreed in advance to do so. The Safeguards Agreements also provide that 
the IAEA will reimburse that person for the cost of making additional 
measurements or taking samples at the specific request of an IAEA 
inspector.
    (b) The NRC will inform persons subject to this part, by license 
condition or by other means (e.g., written communication), of those 
items of extraordinary expense that the IAEA has agreed in advance to 
reimburse.
    (c) The NRC will inform persons subject to this part, by license 
condition or by other means (e.g., written communication), of the 
procedures to be used to document:
* * * * *
    (d) The NRC will take appropriate action to assist persons subject 
to this part regarding the reimbursement of any expense that, under the 
Safeguards Agreements, is to be borne by the IAEA.


Sec.  75.53  [Amended]

0
28. In Sec.  75.53, in paragraph (b), add the numbers ``75.13'', 
``75.26'', ``75.27'', ``75.28'', and ``75.29'' in numerical order.

    Dated at Rockville, Maryland, this 30th day of April, 2018.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2018-09462 Filed 5-3-18; 8:45 am]
 BILLING CODE 7590-01-P