[Federal Register Volume 85, Number 251 (Thursday, December 31, 2020)]
[Rules and Regulations]
[Pages 86793-86795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27816]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 110
[NRC-2018-0294]
RIN 3150-AK26
Updates and Clarifications on the Export of Nuclear Material
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 to maintain the regulatory status quo for
nuclear exports to the United Kingdom (U.K.), upon the entry into force
of a new civil nuclear cooperation agreement between the United States
(U.S.) and the U.K. (the U.S.-U.K. 123 Agreement). The amendment will
add the U.K. to the list of countries eligible to receive certain small
quantities of special nuclear material under a general license, and to
the list of countries whose export license applications do not require
Executive Branch or Commission level reviews for certain exports of
source material or low-enriched uranium. This amendment is necessary to
bring the NRC's regulations into conformity with U.S. Government
foreign policy and preserve existing provisions for nuclear exports to
the U.K.
DATES: This final rule is effective on December 31, 2020.
ADDRESSES: Please refer to Docket ID NRC-2018-0294 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 https://www.regulations.gov and search for Docket ID NRC-2018-0294. Address
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407;
email: [email protected].
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NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents Collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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].
Attention: The PDR, where you may examine and order copies
of public documents, is currently closed. You may submit your request
to the PDR via email at [email protected] or call 1-800-397-4209
between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lauren Mayros, Office of International
Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-287-9088; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Discussion
The purpose of this final rule is to revise the NRC's export and
import regulations in part 110 of title 10 of the Code of Federal
Regulations (10 CFR), ``Export and Import of Nuclear Equipment and
Material,'' to include the United Kingdom (U.K.) as a country eligible
to receive certain small quantities of special nuclear material under a
general license, and to add the U.K. to the list of countries whose
export license applications do not require Executive Branch or
Commission level reviews for certain exports of source material or low-
enriched uranium. In light of the impending U.K. departure from the
European Union and European Atomic Energy Agency (EURATOM), this final
rule is necessary to conform the NRC's regulations with U.S. Government
foreign policy and preserve existing provisions for nuclear exports to
the U.K., upon the entry into force of the new civil nuclear
cooperation agreement between the U.S. and the U.K.
The U.S. Department of State has requested that the NRC update its
regulations in 10 CFR part 110 to meet the commitment made by the U.S.
Government to the U.K. Government to prepare for entry into force of
the new U.S.-U.K. 123 Agreement. The two Governments plan to bring the
U.S.-U.K. 123 Agreement into force when the U.K. is no longer covered
by the U.S. civil nuclear cooperation agreement with the European
Atomic Energy Community (EURATOM). During the negotiations of the U.S.-
U.K. 123 Agreement, the U.S. Government committed to take the necessary
steps to ensure a seamless continuation of close nuclear cooperation
with the U.K. Fulfilling this commitment will require current nuclear
export regulatory and policy understandings to remain in place for U.S.
companies exporting nuclear material to the U.K. after entry into force
of the U.S.-U.K. 123 Agreement. As a result, the U.S. Department of
State requested that the NRC amend Sec. Sec. 110.21(b)(3),
110.40(b)(3), and 110.41(a)(6) to meet a U.S. Government foreign policy
objective and to provide confidence that the regulatory status quo
between the U.K. and the U.S. will be maintained.
The NRC has determined that revising Sec. Sec. 110.21(b)(3),
110.40(b)(3), and 110.41(a)(6) to include the U.K. after EURATOM in the
requirements for these sections, 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 U.S. Further, the
revisions are essential to preserve the current provisions for export
to the U.K. once the U.S.-U.K. 123 Agreement enters into force.
II. Summary of Changes
10 CFR Part 110
This final rule revises Sec. Sec. 110.21(b)(3), 110.40(b)(3), and
110.41(a)(6) to include the U.K. after EURATOM in the requirements for
these sections.
III. Rulemaking Procedure
Because this rule involves a foreign affairs function of the U.S.,
the notice and comment provisions of the Administrative Procedures Act
do not apply (5 U.S.C. 553(a)(1)), and good cause exists to make this
rule immediately effective upon publication. The effective date for
those entities who receive actual notice of this rule is the date of
receipt of this rule.
IV. 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 any amendments to 10 CFR part 110. Therefore,
neither an environmental impact statement nor an environmental
assessment has been prepared for this rule.
V. Paperwork Reduction Act
This final rule does not contain new or amended information
collection requirements that are subject to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were approved
by the Office of Management and Budget (OMB) under approval number
3150-0036.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the document requesting
or requiring the collection displays a currently valid OMB control
number.
VI. Regulatory Analysis
This final rule revises Sec. Sec. 110.21(b)(3), 110.40(b)(3), and
110.41(a)(6) to include the U.K. after EURATOM, and is necessary to
maintain the existing regulatory status quo for nuclear exports to the
U.K. upon the entry into force of a new U.S.-U.K. 123 Agreement. The
addition of the U.K. in Sec. 110.21(b)(3) will continue to allow for
the return of uranium-235, in the form of uranium hexafluoride heels in
cylinders, to suppliers in the U.K. under an NRC general license.
Adding the U.K. in Sec. 110.40(b)(3) preserves the current regulation
that excludes Commission review for exports of source material or low-
enriched uranium to EURATOM or Japan for enrichment up to 5 percent in
the isotope uranium-235. Lastly, adding the U.K. in Sec. 110.41(a)(6)
preserves the current regulation that excludes Executive Branch review
for exports of source material or low-enriched uranium to EURATOM or
Japan for enrichment up to 5 percent in the isotope uranium-35. There
is no alternative to amending the regulations for the export and import
of nuclear equipment and material. This final rule is expected to have
no changes in the information collection burden or cost to the public.
VII. 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).
VIII. Backfitting 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.
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IX. Congressional Review Act
This final rule is a rule as defined in the Congressional Review
Act (5 U.S.C. 801-808). However, the Office of Management and Budget
has not found it to be a ``major rule'' as defined by that act.
List of Subjects in 10 CFR Part 110
Administrative practice and procedure, Classified information,
Criminal penalties, Exports, Imports, Intergovernmental relations,
Nuclear energy, Nuclear materials, Nuclear power plants and reactors,
Penalties, 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 of 1954, secs. 11, 51, 53, 54, 57,
62, 63, 64, 65, 81, 82, 103, 104, 109, 111, 121, 122, 123, 124, 126,
127, 128, 129, 133, 134, 161, 170h, 181, 182, 183, 184, 186, 187,
189, 223, 234 (42 U.S.C. 2014, 2071, 2073, 2074, 2077, 2092, 2093,
2094, 2095, 2111, 2112, 2133, 2134, 2139, 2141, 2151, 2152, 2153,
2154, 2155, 2156, 2157, 2158, 2160c, 2160d, 2201, 2210h, 2231, 2232,
2233, 2234, 2236, 2237, 2239, 2273, 2282); Energy Reorganization Act
of 1974, sec. 201 (42 U.S.C. 5841); Administrative Procedure Act (5
U.S.C. 552, 553); 42 U.S.C. 2139a, 2155a; 44 U.S.C. 3504 note.
Section 110.1(b) also issued under 22 U.S.C. 2403; 22 U.S.C.
2778a; 50 App. U.S.C. 2401 et seq.
0
2. In Sec. 110.21, revise paragraph (b)(3) to read as follows:
Sec. 110.21 General license for the export of special nuclear
material.
* * * * *
(b) * * *
(3) Uranium, enriched to less than 20 percent in uranium-235, in
the form of uranium hexafluoride (UF6) heels in cylinders being
returned to suppliers in EURATOM or the United Kingdom.
* * * * *
0
3. In Sec. 110.40, revise paragraph (b)(3) to read as follows:
Sec. 110.40 Commission review.
* * * * *
(b) * * *
(3) An export involving assistance to end uses related to isotope
separation, chemical reprocessing, heavy water production, advanced
reactors, or the fabrication of nuclear fuel containing plutonium,
except for exports of source material or low-enriched uranium to
EURATOM, the United Kingdom, or Japan for enrichment up to 5 percent in
the isotope uranium-235, and those categories of exports which the
Commission has approved in advance as constituting permitted incidental
assistance.
* * * * *
0
4. In Sec. 110.41, revise paragraph (a)(6) to read as follows:
Sec. 110.41 Executive Branch review.
(a) * * *
(6) An export involving assistance to end uses related to isotope
separation, chemical reprocessing, heavy water production, advanced
reactors, or the fabrication of nuclear fuel containing plutonium,
except for exports of source material or low-enriched uranium to
EURATOM, the United Kingdom, or Japan for enrichment up to 5 percent in
the isotope uranium-235, and those categories of exports approved in
advance by the Executive Branch as constituting permitted incidental
assistance.
* * * * *
Dated: December 14, 2020.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2020-27816 Filed 12-30-20; 8:45 am]
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