[Federal Register Volume 86, Number 141 (Tuesday, July 27, 2021)]
[Rules and Regulations]
[Pages 40141-40142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15922]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 86, No. 141 / Tuesday, July 27, 2021 / Rules
and Regulations
[[Page 40141]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 110
[NRC-2021-0026]
RIN 3150-AK60
Revisions to Reprocessing Plant Components for Export
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
export regulations pertaining to the illustrative list of reprocessing
plant components under the NRC's export licensing authority. This final
rule is necessary to conform the export controls of the United States
to the international export control guidelines of the Nuclear Suppliers
Group, of which the United States is a member. These changes will align
the NRC's requirements with the current version of the International
Atomic Energy Agency's (IAEA) document, ``Guidelines for Nuclear
Transfers'' (INFCIRC/254/Part 1/Revision 14).
DATES: This final rule is effective on July 27, 2021.
ADDRESSES: Please refer to Docket ID NRC-2021-0026 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-2018-0294. Address
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407;
email: [email protected].
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 ``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
regulations in part 110 of title 10 of the Code of Federal Regulations
(10 CFR), ``Export and Import of Nuclear Equipment and Material,'' to
conform the export controls of the United States to the international
export control guidelines of the Nuclear Suppliers Group (NSG), of
which the United States is a member. The NSG is a group of like-minded
countries that seek to contribute to the nonproliferation of nuclear
weapons through the implementation of guidelines for nuclear exports
and nuclear-related exports. As a participating government in the NSG,
the United States has committed to controlling export items on the NSG
control lists. Participating governments are charged with implementing
the changes adopted to the list as soon as possible after approval. The
NSG Guidelines can be found at: www.nuclearsuppliersgroup.org.
This final rule conforms the NRC's export regulations in 10 CFR
part 110 with recent changes to the NSG Guidelines for Nuclear
Transfers. These changes are necessary in order to align appendix I to
10 CFR part 110, ``Illustrative List of Reprocessing Plant Components
Under NRC Export Licensing Authority,'' with the changes made to Annex
B of the NSG Guidelines for Nuclear Transfers, entitled ``Plants for
the reprocessing of irradiated fuel elements, and equipment especially
designed or prepared therefore.'' The NRC has determined that these
changes are consistent with current U.S. policy, and will pose no
unreasonable risk to the public health and safety or to the common
defense and security of the United States.
II. Summary of Changes
10 CFR Part 110
The recent NSG changes were made to Section 3 of Annex B of the
Part 1 Guidelines, entitled ``Plants for the reprocessing of irradiated
fuel elements, and equipment especially designed or prepared
therefore,'' which covers reprocessing plants and equipment and,
specifically, different types of equipment used to open the fuel
cladding surrounding uranium fuel. The first set of changes were made
to paragraph 3.1 of Section 3, entitled ``Irradiated fuel element
chopping machines.'' The entry was amended with new text that is more
neutral in clarifying precisely how the fuel element is de-cladded to
expose the irradiated nuclear fuel for further processing. The old text
focused on chopping machines (guillotine-like blades that cut the fuel
rod into shorter pieces without removing the actual cladding). The new
text makes it clear that other methods can be used to de-clad fuel. The
second set of changes were made to paragraph 3.2 of Section 3, entitled
``Dissolvers.'' This amendment broadens the description of the
referenced dissolvers. The old text was focused on ensuring criticality
safety exclusively through controlling the geometry of the tanks. The
new language clarifies that the tanks are not necessarily made safe by
geometry alone. Other physical means and process controls can be used
to ensure safety.
The corresponding changes to 10 CFR part 110 will be made to
appendix I, entitled ``Illustrative List of Reprocessing Plant
Components Under NRC Export Licensing Authority.'' Paragraph 3.1
changes to the NSG Part 1 Guidelines will be made to paragraph (1) of
appendix I, and Paragraph 3.2 changes to the NSG Part 1 Guidelines will
be made to paragraph (2) of appendix I. Since the appendix I entries of
10 CFR part 110 exactly match the Section 3 entries of the NSG Part 1
Guidelines, the changes to 10 CFR part 110 will be made exactly as they
were
[[Page 40142]]
implemented in the NSG Part 1 Guidelines.
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 under approval number 3150-0036.
VI. 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.
VII. Regulatory Analysis
This final rule revises appendix I to 10 CFR part 110 to conform to
the NRC's changes to Annex B. There is no alternative to amending the
regulations for the export of nuclear equipment and material.
Therefore, the NRC did not develop a regulatory analysis for this final
rule. This final rule is expected to have no changes in the information
collection burden or cost to the public.
VIII. 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
31885).
IX. 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.
X. 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, Incorporation by reference, 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 in part 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 appendix I to part 110, revise paragraphs (1) and (2) to read as
follows:
Appendix I to Part 110--Illustrative List of Reprocessing Plant
Components Under NRC Export Licensing Authority
* * * * *
(1) Irradiated fuel element decladding equipment and chopping
machines.
Remotely operated equipment especially designed or prepared for
use in a reprocessing plant and intended to expose or prepare the
irradiated nuclear fuel assemblies, bundles, or rods for processing.
This equipment cuts, chops, shears, or otherwise breaches the
cladding of the fuel to expose the irradiated nuclear material for
processing or prepares the fuel for processing. Especially designed
cutting shears are most commonly employed, although advanced
equipment, such as lasers, peeling machines, or other techniques,
may be used. Decladding involves removing the cladding of the
irradiated nuclear fuel prior to its dissolution.
(2) Dissolvers.
Dissolver vessels or dissolvers employing mechanical devices
especially designed or prepared for use in a reprocessing plant,
intended for dissolution of irradiated nuclear fuel and which are
capable of withstanding hot, highly corrosive liquid, and which can
be remotely loaded, operated and maintained.
Dissolvers normally receive the solid, irradiated nuclear fuel.
Nuclear fuels with cladding made of material including zirconium,
stainless steel, or alloys of such materials must be decladded and/
or sheared or chopped prior to being charged to the dissolver to
allow the acid to reach the fuel matrix. The irradiated nuclear fuel
is typically dissolved in strong mineral acids, such as nitric acid,
and any undissolved cladding removed. While certain design features,
such as small diameter, annular, or slab tanks may be used to ensure
criticality safety, they are not a necessity. Administrative
controls, such as small batch size or low fissile material content,
may be used instead. Dissolver vessels and dissolvers employing
mechanical devices are normally fabricated of material such as low
carbon stainless steel, titanium or zirconium, or other high-quality
materials. Dissolvers may include systems for the removal of
cladding or cladding waste and systems for the control and treatment
of radioactive off-gases. These dissolvers may have features for
remote placement since they are normally loaded, operated, and
maintained behind thick shielding.
* * * * *
Dated: July 21, 2021.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2021-15922 Filed 7-26-21; 8:45 am]
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