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44072 Federal Register / Vol 44072 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Rules and Regulations considering the location, size, and other Federal e-Rulemaking Portal: Go to Category 2 quantities of radioactive physical characteristics of the land, the http://www.regulations.gov and search materials listed in appendix P to 10 CFR extent to which the land contains for documents filed under Docket ID part 110 and the definition of wildlife and wildlife habitat, and the [NRC–2008–0567]. Address questions ‘‘radioactive waste’’ in 10 CFR part 110. purposes of CRP, but only in exchange about NRC dockets to Ms. Carol A discussion of the most significant for a payment reduction as determined Gallagher at 301–492–3668; e-mail changes follows. by CCC; [email protected]. A. Category 1 and 2 Quantities of (6) Spot grazing, if necessary for NRC’s Public Document Room (PDR): Radioactive Material Listed in Appendix control of weed infestation, and not to The public may examine and have P to 10 CFR Part 110 exceed a 30-day period according to an copied for a fee publicly available approved conservation plan, but only in documents at the NRC’s PDR, Room O1 The NRC reevaluated the need for a exchange for a payment reduction as F21, One White Flint North, 11555 specific license for the import of determined by CCC; Rockville Pike, Rockville, Maryland. Category 1 and 2 quantities of (7) Forestry maintenance such as NRC’s Agencywide Documents Access radioactive material to a U.S.-licensed pruning, thinning, and timber stand and Management System (ADAMS): user in light of enhancements made to improvement on lands converted to Publicly available documents created or the NRC’s domestic regulatory forestry use, but only in accordance received at the NRC are available framework. As a result, the NRC is with a conservation plan, and only in electronically at the NRC’s electronic amending 10 CFR part 110 to allow exchange for a payment reduction as Reading Room at http://www.nrc.gov/ imports of Category 1 and 2 quantities determined by CCC; and reading-rm/adams.html. From this page, of materials listed in Appendix P under (8) The sale of carbon, water quality, the public can gain entry into ADAMS, a general license. or other environmental credits, as which provides text and image files of After the attacks of September 11, determined appropriate by CCC. NRC’s public documents. If you do not 2001, the Commission determined that certain licensed material should be Signed at Washington, DC, on July 21, have access to ADAMS or if there are 2010. problems in accessing the documents subject to enhanced security requirements and safeguarded during Jonathan W. Coppess, located in ADAMS, contact the NRC’s PDR reference staff at 1–800–397–4209, transport, and that individuals with Executive Vice President, Commodity Credit unescorted access to risk-significant Corporation. 301–415–4737, or by e-mail to [email protected]. quantities of radioactive material should [FR Doc. 2010–18473 Filed 7–27–10; 8:45 am] be subject to background investigations. BILLING CODE 3410–05–P FOR FURTHER INFORMATION CONTACT: The results of vulnerability assessments Brooke G. Smith, Senior International performed by the NRC were used in the Policy Analyst, Office of International development of security enhancement NUCLEAR REGULATORY Programs, U.S. Nuclear Regulatory orders that were issued to licensees COMMISSION Commission, MS–O4E21, Washington, using a graded approach based on the DC 20555–0001; telephone: (301) 415– relative risk and quantity of material 10 CFR Part 110 2347; e-mail: [email protected], or possessed by the licensee. (70 FR 72128; [NRC–2008–0567] Jill Shepherd, Licensing Officer, Office December 1, 2005) These security orders of International Programs, U.S. Nuclear specifically address the security of RIN 3150–AI16 Regulatory Commission, MS–O4E21, byproduct material possessed in Washington, DC 20555–0001; telephone: Export and Import of Nuclear quantities greater than, or equal to, (301) 415–3635; email: Equipment and Material; Updates and Category 1 and 2 quantities. The orders [email protected]. Clarifications provide for enhanced security measures SUPPLEMENTARY INFORMATION: for such things as license verification AGENCY: Nuclear Regulatory before transfer, intrusion detection and Commission. I. Background II. Analysis of Public Comments on Proposed response, access control, and ACTION: Final rule. Rule coordination with local law III. Section-by-Section Analysis enforcement authorities. The orders also SUMMARY: The United States Nuclear contain requirements for the licensee to I. Background Regulatory Commission (NRC) is determine the trustworthiness and amending its regulations that govern the On June 23, 2009, the NRC published reliability of individuals permitted export and import of nuclear equipment a proposed rule that requested unescorted access to risk-significant and material. This rule allows comments on the proposed changes to radioactive materials. The International Atomic Energy Agency 10 CFR part 110, Export and Import of determination involves a background Code of Conduct on the Safety and Nuclear Equipment and Material (74 FR investigation of the individual. Security of Radioactive Sources 29614). This final rule updates, clarifies, With the passage of the Energy Policy Category 1 and 2 quantities of and corrects several provisions in 10 Act of 2005 giving the NRC new radioactive materials to be imported CFR part 110 to improve NRC’s fingerprinting authority, the under a general license. This rule also regulatory framework for the export and Commission determined that revises the definition of ‘‘radioactive import of nuclear equipment, material, individuals with access to Category 1 waste’’ and removes the definition of and radioactive waste. It also clarifies and 2 quantities of radioactive material ‘‘incidental radioactive material.’’ In and corrects the regulations addressing warrant fingerprinting and FBI criminal addition, this rule updates, clarifies, and the general license for the export of history records checks. corrects several provisions. byproduct material. In addition, changes By the end of 2007, the NRC had DATES: The rule is effective on August are made to the regulations governing issued orders to all NRC licensees that 27, 2010. the export and import of International possessed Category 1 or 2 quantities of ADDRESSES: You can access publicly Atomic Energy Agency (IAEA) Code of radioactive material (72 FR 70901; available documents related to this Conduct on the Safety and Security of December 13, 2007) to require document using the following methods: Radioactive Sources Category 1 and fingerprinting and FBI criminal history VerDate Mar<15>2010 16:21 Jul 27, 2010 Jkt 220001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\28JYR1.SGM 28JYR1 sroberts on DSKD5P82C1PROD with RULES Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Rules and Regulations 44073 records checks for unescorted access to material under a general or specific NRC facility (or the equivalent) requires a Category 1 or 2 quantities of radioactive or Agreement State license. See specific export or import license. material. § 110.27(a). Moreover, importers of The final rule removes the definition For all these requirements, NRC Category 1 and 2 materials under a of ‘‘incidental radioactive material’’ from Agreement States have also imposed general license are still subject to the 10 CFR part 110. This rule does legally-binding measures on their notification requirements prior to incorporate aspects of IRM into the licensees possessing Category 1 and 2 shipment as required by § 110.50. The revised definition of radioactive waste quantities of radioactive material. advance notification of imports of and the exclusions from that definition. During the same time period, the NRC Category 1 and 2 quantities of material, The scope of the exclusion related to issued two sets of orders to licensees § 110.50 (c) is revised to require the contamination on service equipment transporting radioactive material in exporting facility name, location, (including service tools) used in nuclear quantities greater than, or equal to, address, contact name and telephone facilities (if the service equipment is Category 2. The additional security number as part of the pre-shipment being shipped for use in another nuclear measures contained in the orders notification. facility and not for waste management provide for enhanced security measures Additionally, § 110.50 (c) is revised to purposes or disposal) is expanded and during transportation that are beyond require advance notifications of imports broadened to include some of the the current regulations, including to be submitted seven days in advance material that previously fell under the enhanced security in preplanning and of shipment. This change will permit definition of IRM such as launderable coordinating shipments, advance NRC staff adequate time to verify the protective clothing. notification of shipments to the NRC information provided in the advance In response to comments, the and States through which the shipment notification. Commission clarified that the first will pass, control and monitoring of exclusion to the definition of shipments that are underway, B. Import and Export of Radioactive ‘‘radioactive waste’’ applies only to trustworthiness and reliability of Waste sources of U.S. origin. Disused sources personnel, information security This final rule revises the definition that originated in a
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