[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
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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.

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

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]
BILLING CODE 7590-01-P