[Federal Register Volume 68, Number 102 (Wednesday, May 28, 2003)]
[Rules and Regulations]
[Pages 31587-31589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13216]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 68, No. 102 / Wednesday, May 28, 2003 / Rules
and Regulations
[[Page 31587]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 110
RIN 3150-AH21
General License for Import of Major Nuclear Reactor Components
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations to issue a general license for the import of major
components of utilization facilities for end-use at NRC-licensed
reactors. The amendment is necessary to facilitate imports of major
components of domestic nuclear reactors in furtherance of protection of
public health and safety and will also reduce unnecessary regulatory
burdens related to the maintenance of NRC-licensed reactors.
DATES: The final rule will become effective August 11, 2003, unless
significant adverse comments on the amendment are received by June 27,
2003. If the rule is withdrawn as a result of such comments, timely
notice of the withdrawal will be published in the Federal Register.
Comments received after June 27, 2003, will be considered if it is
practical to do so, but the NRC is able to ensure only that comments
received on or before this date will be considered.
ADDRESSES: You may submit comments by any one of the following methods.
Please include the following number [RIN 3150-AH21] in the subject line
of your comments. Comments on rulemakings submitted in writing or in
electronic form will be made available to the public in their entirety
on the NRC rulemaking web site. Personal information will not be
removed from your comments.
Mail comments to: Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
E-mail comments to: [email protected]. If you do not receive a reply e-
mail confirming that we have received your comments, contact us
directly at (301) 415-1966. You may also submit comments via the NRC's
rulemaking Web site at http://ruleforum.llnl.gov. Address questions
about our rulemaking website to Carol Gallagher (301) 415-5905; email
[email protected].
Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland
20852, between 7:30 am and 4:15 p.m. on Federal workdays.
Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at
(301) 415-1101.
Publicly available documents related to this rulemaking may be
examined and copied for a fee at the NRC's Public Document Room (PDR),
Public File Area O1F21, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland. Selected documents, including comments, can be
viewed and downloaded electronically via the NRC's rulemaking Web site
at http://ruleforum.llnl.gov.
Publicly available documents created or received at the NRC are
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/NRC/reading-rm/adams.html. From this site, the public can
gain entry into the NRC's Agencywide Document Access and Management
System (ADAMS), which provides text and image files of NRC's public
documents. 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 e-mail to [email protected].
FOR FURTHER INFORMATION CONTACT: Grace H. Kim, Senior Attorney, Office
of the General Counsel, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001, telephone (301) 415-3605, e-mail [email protected].
SUPPLEMENTARY INFORMATION:
I. The Direct Final Rule Process
The rulemaking has the simple aim of issuing a new general license
to facilitate the import of major nuclear reactor components. Because
the NRC believes that this action should not cause controversy, the NRC
is using the direct final rule process for this rule. The amendment in
this rule will become effective on August 11, 2003. However, if the NRC
receives significant adverse comments on this direct final rule by June
27, 2003, the NRC will publish a document that withdraws this action.
In that event, the comments received in response to these amendments
would then be considered as comments on the companion proposed rule
published elsewhere in this Federal Register, and the comments will be
addressed in a later final rule based on that proposed rule. Unless the
modifications to the proposed rule are significant enough to require
that it be republished as a proposed rule, 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.
II. Background
Increasingly, NRC licensees need to import nuclear reactor vessel
closure heads (which are not currently manufactured in the United
States) to replace vessel closure heads at NRC-licensed reactors. Under
the NRC's regulations governing the import and export of nuclear
equipment in 10 CFR Part 110, this item, constituting a
[[Page 31588]]
significant part of the reactor pressure vessel, is categorized as a
``major component'' of a nuclear reactor, along with three other
significant parts of a nuclear reactor. See 10 CFR 110.2 (definition of
``Utilization facility''); 10 CFR Part 110, Appendix A (defining
``Reactor pressure vessels''). The NRC's regulations currently require
a specific license for importing and exporting any of these four major
components of a nuclear reactor into and out of the United States. See
10 CFR 110.5 and 110.20(a)(2).
In anticipation of requests for imports of reactor vessel closure
heads and possibly other major components, the NRC reexamined the need
for a specific license authorization for import of major components
into the United States. After consultation with the U.S. Department of
State, the NRC has concluded that major components of a nuclear reactor
should be permitted to be imported into the United States under general
license, provided that legally binding arrangements are in place
establishing that the import is for end-use by a 10 CFR Part 50 or Part
52 licensee. The NRC believes that such a general license will
facilitate domestic reactor licensees' obtaining needed major
components for safety-related maintenance and refurbishing of the
reactor by permitting import of these items. The NRC has determined
that the promulgation of this general license will not be inimical to
the common defense and security or constitute an unreasonable risk to
the public health and safety and will otherwise meet applicable
statutory requirements.
The NRC emphasizes that the amendment set forth in this rule does
not apply to exports of those components addressed in this regulation.
Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995,
Public Law 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. In this direct final rule, the
NRC is adopting a general rule for a certain category of imports. This
action 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 direct final rule is the type of
action described in categorical exclusion 10 CFR 51.22(c)(1).
Therefore, neither an environmental impact statement nor an
environmental assessment has been prepared for the regulation.
Paperwork Reduction Act Statement
This direct 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, approval number 3150-0036.
Public Protection Notification
If a means used to impose an information collection does not
display a currently valid OMB control number, the NRC may not conduct
or sponsor, and a person is not required to respond to, the information
collection.
Regulatory Analysis
The NRC already controls imports of major components of utilization
facilities. Currently, the NRC's import regulations in part 110 require
a specific license to import these components into the United States.
The NRC's sole objective in developing the revision is to facilitate
imports of major nuclear reactor components for end-use in safety-
related maintenance and refurbishment efforts at NRC-licensed reactors
by reducing the unnecessary burdens imposed by specific licensing. The
direct final rule accomplishes this objective by permitting imports of
major components to be made under general license. There are no
alternatives for achieving the stated objective. By facilitating
maintenance of NRC-licensed reactors, this NRC rulemaking action will
have a positive impact on protection of the public health and safety
and the common defense and security and, at the same time, reduce
unnecessary regulatory burdens. In this respect, the NRC believes that
no persons will be adversely affected by this rule.
Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980 (5 U.S.C.
605(b)), the Commission certifies that this direct final rule will not
have a significant economic impact on a substantial number of small
entities. The rule affects only companies importing major components
for end-use at nuclear power plants. The companies that own these
plants 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 direct final rule because these amendments do not include any
provisions that would impose backfits as defined in 10 CFR chapter I.
Small Business Regulatory Enforcement Fairness Act
In accordance with the Small Business Regulatory Enforcement
Fairness 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.
List of Subjects in 10 CFR Part 110
Administrative practice and procedure, Classified information,
Criminal penalties, Export, Import, Intergovernmental relations,
Nuclear materials, Nuclear power plants and reactors, Reporting and
recordkeeping requirements, Scientific equipment.
0
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 as follows:
Authority: Secs. 51, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104,
109, 111, 126, 127, 128, 129, 161, 181, 182, 183, 187, 189, 68 Stat.
929, 930, 931, 932, 933, 936, 937, 948, 953, 954, 955, 956, as
amended (42 U.S.C. 2071, 2073, 2074, 2077, 2092-2095, 2111, 2112,
2133, 2134, 2139, 2139a, 2141, 2154-2158, 2201, 2231-2233, 2237,
2239); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841; sec 5,
Pub. L. 101-575, 104 Stat 2835 (42 U.S.C.2243).
Sections 110.1(b)(2) and 110.1(b)(3) also issued under Pub. L.
96-92, 93 Stat. 710 (22 U.S.C. 2403). Section 110.11 also issued
under sec. 122, 68 Stat. 939 (42 U.S.C. 2152) and secs. 54c and
57d., 88 Stat. 473, 475 (42 U.S.C. 2074). Section 110.27 also issued
under sec. 309(a), Pub. L. 99-440. Section 110.50(b)(3) also issued
under sec. 123, 92 Stat. 142 (42 U.S.C. 2153). Section 110.51 also
issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234).
Section 110.52 also issued under sec. 186, 68 Stat. 955 (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 sec. 903, Pub. L. 102-496
(42 U.S.C. 2151 et seq.).
[[Page 31589]]
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2. Section 110.27 is amended by adding new paragraph (e), to read as
follows:
Sec. 110.27 General license for imports.
* * * * *
(e) A general license is issued to any person to import the major
components of a utilization facility as defined in Sec. 110.2 for end-
use at a utilization facility licensed by the Commission.
Dated at Rockville, Maryland, this 9th day of May, 2003.
For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director For Operations.
[FR Doc. 03-13216 Filed 5-27-03; 8:45 am]
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