SUPPLEMENTARY INFORMATION:

Background

One purpose of this final rule is to conform the NRC's export and import regulations in Title 10 of the Code of Federal Regulations (10 CFR) part 110, “Export and Import of Nuclear Equipment and Material,” to current nuclear non-proliferation policies of the Executive Branch. The NRC is amending § 110.11 to facilitate implementation of the Protocol Additional to the Agreement Between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the United States of America (Additional Protocol) to expand the exemption from the requirements for a license to include exports of source and byproduct material in IAEA safeguards samples. This final rule also makes certain editorial revisions, and corrects typographical errors.

The NRC staff 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.

Because this rule involves a foreign affairs function of the United States, the notice and comment provisions of the Administrative Procedure Act do not apply (5 U.S.C. 553(a)(1)). In addition, solicitation of public comments would delay the U.S. conformance with its international obligations, and would be contrary to the public interest (5 U.S.C. 553(b)). The final rule is effective June 8, 2012.

Section by Section Analysis

Section 110.11, Export of IAEA safeguards samples. The NRC is amending § 110.11 to facilitate implementation of the Additional Protocol and the Agreement between the United States and the International Atomic Energy Agency for the Application of Safeguards in the United States to expand the exemption to include exports of source and byproduct material in IAEA safeguards samples. For source material, samples may not exceed 5 kilograms per facility per year and for byproduct material, quantities may not exceed the values listed in § 30.71 per shipment.

Section 110.22, General license for the export of source material. This rule corrects an internal reference error in paragraph (b) so that the reference is to paragraph (e) of the section instead of to paragraph (f).

Section 110.27, General license for import. This rule amends § 110.27(a) to make clear the intent of the 2010 rule change to this section (75 FR 44072; July 28, 2010). If the byproduct, source, or special nuclear material is exempt from NRC or Agreement State licensing requirements, then that material is exempt from requiring an import license.

Section 110.54, Reporting requirements. This section is amended to clarify that the reports required in paragraph (c) should be addressed to the Deputy Director, Office of International Programs, in accordance with § 110.4.

Voluntary Consensus Standards

The National Technology Transfer and Advancement Act of 1995 (Pub. L. 104-113) requires that Federal Agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless using such a standard is inconsistent with applicable law or otherwise impractical. This final rule does not constitute the establishment of a standard for which the use of a voluntary consensus standard would be applicable.

Environmental Impact: Categorical Exclusion

The NRC has determined that this final rule is the type of action described ( printed page 27114) in categorical exclusion 10 CFR 51.22(c)(1). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for the rule.

Paperwork Reduction Act Statement

This final rule does not contain new or amended information collection requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget (OMB) 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 request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number.

Regulatory Analysis

This rulemaking is necessary to reflect the nuclear non-proliferation policy of the Executive Branch including U.S. Government reporting obligations to the IAEA. This final rule is expected to have no changes in the information collection burden or cost to the public.

Regulatory Flexibility Certification

As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the Commission certifies that this final rule will not have a significant economic impact on a substantial number of small entities. This rule affects only companies exporting nuclear equipment and material to and from the United States and they do not fall within the scope of the definition of “small entities” set forth in the Regulatory Flexibility Act (5 U.S.C. 601(3)), or the Size Standards established by the NRC (10 CFR 2.810).

Backfit Analysis

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.

Congressional Review Act

Under the Congressional Review Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs of OMB.

Plain Writing

The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal agencies to write documents in a clear, concise, well-organized manner that also follows other best practices appropriate to the subject or field and the intended audience. The NRC has attempted to use plain language in promulgating this rule consistent with the Federal Plain Writing Act guidelines.

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.

1. Revise the authority citation for part 110 to read as follows:

Authority: Atomic Energy Act secs. 51, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104, 109, 111, 126, 127, 128, 129, 161, 181, 182, 183, 187, 189, 223, 234 (42 U.S.C. 2071, 2073, 2074, 2077, 2092-2095, 2111, 2112, 2133, 2134, 2139, 2139a, 2141, 2154-2158, 2201, 2231-2233, 2237, 2239, 2273, 2282); Energy Reorganization Act sec. 201 (42 U.S.C. 5841; Solar, Wind, Waste, and Geothermal Power Act of 1990 sec. 5 (42 U.S.C. 2243); Government Paperwork Elimination Act sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); Energy Policy Act of 2005, 119 Stat. 594.

Sections 110.1(b)(2) and 110.1(b)(3) also issued under 22 U.S.C. 2403. Section 110.11 also issued under Atomic Energy Act secs. 54(c), 57(d), 122 (42 U.S.C. 2074, 2152). Section 110.50(b)(3) also issued under Atomic Energy Act sec. 123 (42 U.S.C. 2153). Section 110.51 also issued under Atomic Energy Act sec. 184 (42 U.S.C. 2234). Section 110.52 also issued under Atomic Energy Act sec. 186, (42 U.S.C. 2236). Sections 110.80-110.113 also issued under 5 U.S.C. 552, 554. Sections 110.130-110.135 also issued under 5 U.S.C. 553. Sections 110.2 and 110.42(a)(9) also issued under Intelligence Authorization Act sec. 903 (42 U.S.C. 2151 et seq.).

2. Revise § 110.11 to read as follows:

3. In § 110.22, revise paragraph (b) to read as follows:

4. In § 110.27, revise paragraph (a) to read as follows:

5. In § 110.54, revise the introductory text of paragraph (c) to read as follows: