Final Rule Conforms the NRC’S Federal Regulations, Which Is Published Under Technical Questions, Contact the 50 Titles Pursuant to 44 U.S.C
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39289 Rules and Regulations Federal Register Vol. 79, No. 132 Thursday, July 10, 2014 This section of the FEDERAL REGISTER for Docket ID NRC–2014–0007. Address are charged with implementing the contains regulatory documents having general questions about NRC dockets to Carol changes adopted to the list as soon as applicability and legal effect, most of which Gallagher; telephone: 301–287–3422; possible after approval. are keyed to and codified in the Code of email: [email protected]. For This final rule conforms the NRC’s Federal Regulations, which is published under technical questions, contact the 50 titles pursuant to 44 U.S.C. 1510. export and import regulations in 10 CFR individual listed in the FOR FURTHER part 110, ‘‘Export and Import of Nuclear INFORMATION CONTACT section of this The Code of Federal Regulations is sold by Equipment and Material,’’ and the Superintendent of Documents. Prices of final rule. new books are listed in the first FEDERAL • NRC’s Agencywide Documents appendices A, B, C, D, E, F, G, H, I, J, REGISTER issue of each week. Access and Management System K, N, and O, which contain illustrative (ADAMS): You may obtain publicly lists of items under the NRC’s export available documents online in the licensing authority, to current nuclear NUCLEAR REGULATORY ADAMS Public Documents collection at nonproliferation policies of the COMMISSION http://www.nrc.gov/reading-rm/ Executive Branch. These revisions are adams.html. To begin the search, select necessary to implement changes made 10 CFR Part 110 ‘‘ADAMS Public Documents’’ and then to the NSG Guidelines, ‘‘Guidelines for RIN 3150–AJ33 select ‘‘Begin Web-based ADAMS Nuclear Transfers (INFCIRC/254/ Search.’’ For problems with ADAMS, Revision 12/Part 1), June 2013,’’ as [NRC–2014–0007] please contact the NRC’s Public adopted by the governments Export Controls and Physical Security Document Room (PDR) reference staff at participating in the NSG at the June Standards 1–800–397–4209, 301–415–4737, or by 2012 and 2013 Plenary Meetings. In email to [email protected]. The addition, this rule amends § 110.30, AGENCY: Nuclear Regulatory ADAMS accession number for each ‘‘Members of the Nuclear Suppliers Commission. document referenced in this document Group,’’ to add Mexico and Serbia as ACTION: Final rule. (if that document is available in member countries of the NSG that are ADAMS) is provided the first time that eligible to receive radioactive materials SUMMARY: The U.S. Nuclear Regulatory a document is referenced. under certain general licenses for Commission (NRC) is amending its • NRC’s PDR: You may examine and export. The NSG Guidelines can be regulations pertaining to the export and purchase copies of public documents at import of nuclear materials and found at: the NRC’s PDR, Room O1–F21, One www.nuclearsuppliersgroup.org. equipment. This rulemaking is White Flint North, 11555 Rockville necessary to conform the export controls Pike, Rockville, Maryland 20852. In January 2011, the IAEA published the document titled, ‘‘Nuclear Security of the United States to the international FOR FURTHER INFORMATION CONTACT: export control guidelines of the Nuclear Brooke G. Smith, Office of International Recommendations on Physical Suppliers Group (NSG), of which the Programs, U.S. Nuclear Regulatory Protection of Nuclear Material and United States is a member, and to Commission, Washington, DC 20555– Nuclear Facilities (INFCIRC/225/ incorporate by reference the current 0001, telephone: 301–415–2347, email: Revision 5).’’ This rule also amends version of the International Atomic [email protected]. § 110.44 and appendix M to 10 CFR part Energy Agency’s (IAEA) document, SUPPLEMENTARY INFORMATION: 110 to incorporate by reference the ‘‘Nuclear Security Recommendations on update and recommendations contained Physical Protection of Nuclear Material Table of Contents in Revision 5 of this IAEA document. and Nuclear Facilities (INFCIRC/225/ I. Background The NRC staff has determined that Revision 5), January 2011.’’ Also, this II. Section-by-Section Analysis these changes are consistent with final rule makes certain editorial III. Regulatory Flexibility Certification revisions, and corrects typographical current U.S. policy, and will pose no IV. Regulatory Analysis unreasonable risk to the public health errors. V. Backfitting and Issue Finality VI. Plain Writing and safety or to the common defense DATES: The final rule is effective August and security of the United States. 11, 2014, except that the changes to VII. Environmental Impact Statement VIII. Paperwork Reduction Act § 110.44(a) and (b)(1) and appendix M to Because this rule involves a foreign IX. Congressional Review Act affairs function of the United States, the 10 CFR part 110 are effective December X. Voluntary Consensus Standards 31, 2014. The incorporation by reference notice and comment provisions of the of the material in this document is I. Background Administrative Procedure Act do not approved as of December 31, 2014. The NSG is a group of like-minded apply (5 U.S.C. 553(a)(1)). In addition, ADDRESSES: Please refer to Docket ID States that seeks to contribute to the solicitation of public comments would NRC–2014–0007 when contacting the nonproliferation of nuclear weapons delay the U.S. conformance with its NRC about the availability of through the implementation of international obligations, and would be information for this final rule. You can guidelines for nuclear exports and contrary to the public interest (5 U.S.C. access publicly-available information nuclear-related exports. As a 553(b)). The final rule is effective related to this final rule by any of the participating government in the NSG, August 11, 2014, except that the following methods: the United States has committed to changes to § 110.44(a) and (b)(1) and • Federal Rulemaking Web site: Go to controlling for export items on the NSG appendix M to 10 CFR part 110 are http://www.regulations.gov and search control lists. Participating governments effective December 31, 2014. VerDate Mar<15>2010 16:13 Jul 09, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\10JYR1.SGM 10JYR1 tkelley on DSK3SPTVN1PROD with RULES 39290 Federal Register / Vol. 79, No. 132 / Thursday, July 10, 2014 / Rules and Regulations II. Section by Section Analysis publication, INFCIRC/225/Revision 5. approved by the Office of Management The changes to appendix M of 10 CFR and Budget (OMB) under approval Section 110.2 Definitions part 110 are effective December 31, number 3150–0036. Paragraph (2)(ii) of the definition of 2014. ‘‘Utilization facility’’ is amended to Public Protection Notification make conforming changes consistent III. Regulatory Flexibility Certification The NRC may not conduct or sponsor, with the changes to appendix A to 10 As required by the Regulatory and a person is not required to respond CFR part 110. Flexibility Act of 1980 (5 U.S.C. 605(b)), to, a request for information or an the Commission certifies that this final information collection requirement Section 110.26 General License for the rule will not have a significant unless the requesting document Export of Nuclear Reactor Components economic impact on a substantial displays a currently valid OMB control This rule amends § 110.26 to make number of small entities. This rule number. conforming changes to paragraph (a) affects only companies exporting IX. Congressional Review Act consistent with the changes to appendix nuclear equipment and material to and A to 10 CFR part 110. from the United States and they do not Under the Congressional Review Act fall within the scope of the definition of of 1996, the NRC has determined that Section 110.30 Members of the this action is not a major rule and has Nuclear Suppliers Group ‘‘small entities’’ set forth in the Regulatory Flexibility Act (5 U.S.C. verified this determination with the This rule amends § 110.30 to update 601(3)), or the Size Standards Office of Information and Regulatory the list of NSG members by adding established by the NRC (10 CFR 2.810). Affairs of OMB. Mexico and Serbia. IV. Regulatory Analysis X. Voluntary Consensus Standards Section 110.42 Export Licensing The National Technology Transfer Criteria This rulemaking is necessary to reflect the nuclear nonproliferation policy of and Advancement Act of 1995 (Pub. L. This rule amends § 110.42 to make the Executive Branch including U.S. 104–113) requires that Federal Agencies conforming changes to Footnote 1 Government commitments to use technical standards that are consistent with the changes to appendix controlling export items on the NSG developed or adopted by voluntary A to 10 CFR part 110. control lists and the IAEA publication, consensus standards bodies unless INFCIRC/225/Revision 5. This final rule using such a standard is inconsistent Section 110.44 Physical Security with applicable law or otherwise Standards is expected to have no changes in the information collection burden or cost to impractical. This final rule does not Paragraphs (a) and (b)(1) of § 110.44 the public. constitute the establishment of a are amended to incorporate by reference standard for which the use of a the most recent revision to INFCIRC/ V. Backfit Analysis and Issue Finality voluntary consensus standard would be 225/Revision 5, ‘‘The Physical The NRC has determined that a applicable. Protection of Nuclear Material and backfit analysis is not required for this List of Subjects in 10 CFR Part 110 Nuclear Facilities.’’ The effective date rule because these amendments do not for these changes is delayed until include any provisions that would Administrative practice and December 31, 2014, to provide adequate impose backfits as defined in 10 CFR procedure, Classified information, time for countries to meet the Chapter I. Criminal penalties, Export, Import, recommendations in Revision 5. ‘‘The Incorporation by reference, Physical Protection of Nuclear Material VI.