[Federal Register Volume 68, Number 43 (Wednesday, March 5, 2003)]
[Proposed Rules]
[Pages 10410-10412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5169]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 68, No. 43 / Wednesday, March 5, 2003 /
Proposed Rules
[[Page 10410]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 40 and 150
RIN 3150-AH10
Source Material Reporting Under International Agreements
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend
its regulations which require licensees to report their holdings of
source material (uranium and thorium) to the agency. Currently,
licensees are required to file a report with the NRC whenever they
receive or transfer uranium or thorium mined outside the United States
(U.S). The proposed amendment would require licensees to report the
receipt or transfer of source material controlled under any of the
various international Agreements for Peaceful Nuclear Cooperation. This
change will enable the U.S. Government to maintain the comprehensive
national inventory of nuclear materials required under these
agreements. This proposed rule will also allow licensees additional
flexibility in submitting their annual source material inventory
statements. The proposed amendment would permit licensees to submit
these statements along with their material status reports for special
nuclear material.
DATES: Comments on the proposed rule must be received on or before
April 4, 2003.
ADDRESSES: Submit comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attn: Rulemakings and
Adjudications Staff.
Deliver comments to 11555 Rockville Pike, Rockville, MD, between
7:30 a.m. and 4:15 p.m. on Federal workdays.
Certain documents related to this rulemaking, as well as all public
comments received on this rulemaking, may be viewed and downloaded
electronically via the NRC's rulemaking Web site at http://ruleforum.llnl.gov. You may also provide comments via this Web site by
uploading comments as files (any format) if your web browser supports
that function. For information about the interactive rulemaking site,
contact Ms. Carol Gallagher (301) 415-5905; e-mail [email protected].
Certain documents related to this rule, including comments received
by the NRC, may be examined at the NRC Public Document Room, Room O-
1F23, 11555 Rockville Pike, Rockville, MD. For more information,
contact the NRC Public Document Room (PDR) Reference staff at 1-800-
397-4209, 301-415-4737 or by email to [email protected].
The NRC maintains an Agencywide Document Access and Management
System (ADAMS), which provides text and image files of NRC's public
documents. These documents may be accessed through the NRC's Public
Electronic Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS or if there are
problems in accessing the documents located in ADAMS, contact the NRC
Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected].
FOR FURTHER INFORMATION CONTACT: Merri Horn, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001, telephone (301) 415-8126, e-mail, [email protected].
SUPPLEMENTARY INFORMATION: For additional information see the Direct
Final Rule published in the final rules section of this Federal
Register.
Procedural Background
Because NRC considers this action noncontroversial and routine and
because it is necessary in order to support the U.S. Government's
obligations in this area, the NRC is publishing this proposed rule
concurrently as a direct final rule. The direct final rule will become
effective on October 1, 2003. However, if the NRC receives significant
adverse comments on this direct final rule by April 4, 2003, then the
NRC will publish a document that withdraws this action and will
subsequently address the comments received in a final rule. Absent
significant modifications to the proposed revisions requiring
republication, the NRC will not initiate a second comment period on
this action.
A significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. A comment is adverse and significant if:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, a substantive response is required when:
(a) The comment causes the NRC staff to reevaluate (or reconsider)
its position or conduct additional analysis;
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously
addressed or considered by the NRC staff.
(2) The comment proposes a change or an addition to the rule, and
it is apparent that the rule would be ineffective or unacceptable
without incorporation of the change or addition.
(3) The comment causes the staff to make a change (other than
editorial) to the rule.
List of Subjects
10 CFR Part 40
Criminal penalties, Government contracts, Hazardous materials
transportation, Nuclear materials, Reporting and recordkeeping
requirements, Source material, Uranium.
10 CFR Part 150
Criminal penalties, Hazardous materials transportation,
Intergovernmental relations, Nuclear materials, Reporting and
recordkeeping requirements, Security measures, Source material, Special
nuclear material.
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 parts 40 and 150.
[[Page 10411]]
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL
1. The authority citation for part 40 continues to read as follows:
Authority: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68
Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs.
11e(2),83, 84, Pub. L. 95-604, 92Stat. 3033, as amended, 3039, sec.
234, 83 Stat. 444, as amended (42 U.S.C. 2014(e)(2), 2092, 2093,
2094, 2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); sec.
274, Pub. L. 86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.
5841, 5842, 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L.
97-415, 96 Stat. 2067 (42 U.S.C. 2022); sec. 193, 104 Stat. 2835, as
amended by Pub. L. 104-134, 110 Stat. 1321, 1321-349 (42 U.S.C.
2243).
Section 40.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951 (42 U.S.C. 5851). Section 40.31(g) also issued under sec. 122,
68 Stat. 939 (42 U.S.C. 2152). Section 40.46 also issued under sec.
184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 40.71 also
issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).
2. In Sec. 40.4, the definition of Foreign obligations is added to
read as follows:
Sec. 40.4 Definitions.
* * * * *
Foreign obligations means the commitments entered into by the U.S.
Government under Atomic Energy Act (AEA) section 123 agreements for
cooperation in the peaceful uses of atomic energy. Imports and exports
of material or equipment pursuant to such agreements are subject to
these commitments, which in some cases involve an exchange of
information on imports, exports, retransfers with foreign governments,
peaceful end-use assurances, and other conditions placed on the
transfer of the material or equipment. The U.S. Government informs the
licensee of obligations attached to material.
* * * * *
3. In Sec. 40.64, paragraphs (a) and (b) are revised to read as
follows:
Sec. 40.64 Reports.
(a) Except as specified in paragraphs (d) and (e) of this section,
each specific licensee who transfers, receives, or adjusts the
inventory, in any manner, of uranium or thorium source material with
foreign obligations by 1 kilogram or more or who imports or exports 1
kilogram of uranium or thorium source material shall complete a Nuclear
Material Transaction Report in computer-readable format in accordance
with instructions (NUREG/BR-0006 and NMMSS Report D-24, ``Personal
Computer Data Input for NRC Licensees''). Copies of the instructions
may be obtained from the U.S. Nuclear Regulatory Commission, Division
of Nuclear Safety, Washington, DC 20555-0001. Each licensee who
transfers the material shall submit a Nuclear Material Transaction
Report in computer-readable format in accordance with instructions no
later than the close of business the next working day. Each licensee
who receives the material shall submit a Nuclear Material Transaction
Report in computer-readable format in accordance with instructions
within ten (10) days after the material is received. The Commission's
copy of the report must be submitted to the address specified in the
instructions. These prescribed computer-readable forms replace the DOE/
NRC Form 741 which has been previously submitted in paper form.
(b) Except as specified in paragraphs (d) and (e) of this section,
each licensee authorized to possess at any one time and location more
than 1,000 kilograms of uranium or thorium, or any combination of
uranium or thorium, shall submit to the Commission within 30 days after
September 30 of each year or with the licensee's material status
reports on special nuclear material filed under Part 72 or 74, a
statement of its source material inventory with foreign obligations as
defined in this part. This statement must be submitted to the address
specified in the reporting instructions (NUREG/BR-0007), and include
the Reporting Identification Symbol (RIS) assigned by the Commission to
the licensee. Copies of the reporting instructions may be obtained from
the U.S. Nuclear Regulatory Commission, Division of Nuclear Security,
Washington, DC 20555-0001.
* * * * *
PART 150--EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN
AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274
4. The authority citation for Part 150 continues to read as
follows:
Authority: Sec. 161, 68 Stat. 948, as amended, sec. 274, 73
Stat. 688 (42 U.S.C. 2201, 2021); sec. 201, 88 Stat. 1242, as
amended (42 U.S.C. 5841).
Sections 150.3, 150.15, 150.15a, 150.31, 150.32 also issued
under secs. 11e(2), 81, 68 Stat. 923, 935, as amended, secs. 83, 84,
92 Stat. 3033, 3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114). Section
150.14 also issued under sec. 53, 68 Stat. 930, as amended (42
U.S.C. 2073). Section 150.15 also issued under secs. 135, 141, Pub.
L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section
150.17a also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152).
Section 150.30 also issued under sec. 234, 83 Stat. 444 (42 U.S.C.
2282).
5. In Sec. 150.3, the paragraph designations are removed, the
definitions are arranged in alphabetical order, and the definition of
Foreign obligations is added to read as follows:
Sec. 150.3 Definitions.
* * * * *
Foreign obligations means the commitments entered into by the U.S.
Government under Atomic Energy Act (AEA) section 123 agreements for
cooperation in the peaceful uses of atomic energy. Imports and exports
of material or equipment pursuant to such agreements are subject to
these commitments, which in some cases involve an exchange of
information on imports, exports, retransfers with foreign governments,
peaceful end-use assurances, and other conditions placed on the
transfer of the material or equipment. The U.S. Government informs the
licensee of obligations attached to material.
* * * * *
6. In Sec. 150.17, paragraphs (a) and (b) are revised to read as
follows:
Sec. 150.17 Submission to Commission of source material reports.
(a) Except as specified in paragraph (d) of this section and Sec.
150.17a, each person who, pursuant to an Agreement State specific
license, transfers or receives or adjusts the inventory in any manner
by 1 kilogram or more of uranium or thorium source material with
foreign obligations or who imports or exports 1 kilogram or more of
uranium or thorium source material shall complete and submit in
computer-readable format Nuclear Material Transaction Reports in
accordance with instructions (NUREG/BR-0006 and NMMSS Report D-24,
``Personal Computer Data Input for NRC Licensees''). Copies of the
instructions may be obtained from the U.S. Nuclear Regulatory
Commission, Division of Nuclear Security, Washington, DC 20555-0001.
Each person who transfers the material shall submit a Nuclear Material
Transaction Report in computer-readable format in accordance with
instructions no later than the close of business the next working day.
Each person who receives the material shall submit a Nuclear Material
Transaction Report in computer-readable format in accordance with
instructions within ten (10) days after the material is received. The
Commission's copy of the report must be submitted to the address
specified in the instructions. These prescribed computer-readable forms
replace the DOE/NRC Form 741 which
[[Page 10412]]
has been previously submitted in paper form.
(b) Except as specified in paragraph (d) of this section and Sec.
150.17a, each person authorized to possess at any one time and
location, under an Agreement State license, more than 1,000 kilograms
of uranium or thorium, or any combination of uranium or thorium, shall
submit to the Commission within 30 days after September 30 of each year
or with the licensee's material status reports on special nuclear
material filed under part 74, a statement of the licensee's source
material inventory with foreign obligations as defined in this part.
This statement must be submitted to the address specified in the
reporting instructions (NUREG/BR-0007), and include the Reporting
Identification Symbol (RIS) assigned by the Commission to the licensee.
Copies of the reporting instructions may be obtained from the U.S.
Nuclear Regulatory Commission, Division of Nuclear Security,
Washington, DC 20555-0001.
* * * * *
Dated at Rockville, Maryland, this 21st day of February, 2003.
For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 03-5169 Filed 3-4-03; 8:45 am]
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