[Federal Register Volume 73, Number 247 (Tuesday, December 23, 2008)]
[Rules and Regulations]
[Pages 78599-78616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30054]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 /
Rules and Regulations
[[Page 78599]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 30, 40, 50, 60, 61, 63, 70, 72, 75, 76, 95, 110, and
150
RIN 3150-AH38
[NRC-2008-0543]
Regulatory Changes To Implement the Additional Protocol to the
US/IAEA Safeguards Agreement
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
regulations to implement 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). The Additional Protocol requires the
U.S. to report additional information on various nuclear fuel cycle-
related activities and to provide the International Atomic Energy
Agency (IAEA) with access to those locations beyond the information
currently reported for nuclear facilities under the existing Agreement
Between the United States of America and the International Atomic
Energy Agency for the Application of Safeguards in the United States of
America (Safeguards Agreement). The amended regulations codify the
requirement for certain NRC and Agreement State licensees to report
information and provide access under the Additional Protocol that are
currently not subject to inspections or reporting under the Safeguards
Agreement. These amendments enable the U.S. Government to meet its
obligations related to the Safeguards Agreement and the Additional
Protocol.
DATES: Effective Date: This final rule is effective December 23, 2008.
FOR FURTHER INFORMATION CONTACT: Naiem S. Tanious, Office of Federal
and State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
6103; e-mail Naiem.Tanious @nrc.gov.
SUPPLEMENTARY INFORMATION:
Background
The ``United States Additional Protocol Implementation Act'' (Title
II of Pub. L. 109-401) assigns the President responsibility for
implementing the Act and the U.S. Additional Protocol. Executive Order
13458 assigned the U.S. Departments of State, Defense (DOD), Commerce
(DOC), and Energy (DOE), the Attorney General, and the NRC
responsibility for implementing the Additional Protocol. The NRC is
assigned specific responsibility for implementing the Additional
Protocol at NRC and Agreement State licensees (except at those
facilities for which the DOE or DOD are assigned lead agency
responsibility). The DOC is responsible for reportable commercial
activities conducted outside of NRC-related activities. The Additional
Protocol, on which the U.S. Senate provided its consent to ratification
on March 31, 2004, is a legal document that requires the United States
to report information on various nuclear fuel cycle-related activities
to the IAEA and, upon request, to provide the IAEA with access to these
locations in the U.S. Locations, information, and activities determined
by the U.S. government to be of direct national security significance
are excluded.
The Additional Protocol augments the existing Safeguards Agreement
by requiring the United States to provide the IAEA with information on
civil nuclear and nuclear-related items, materials, and activities not
presently covered, including but not limited to the following:
a. Information about and IAEA inspector access to nuclear fuel
cycle-related locations for which access is not already provided under
the Safeguards Agreement (e.g., uranium mines and ore concentrate
storage installations);
b. Information on, and IAEA short-notice access to, all buildings
on the sites of facilities selected by the IAEA from the U.S. Eligible
Facilities List;
c. Access for IAEA collection of environmental samples at locations
where such sampling is specifically authorized by the U.S. Government;
d. Information on research and development and manufacturing
activities related to the nuclear fuel cycle; and
e. Expanded reporting of exports and imports of specific equipment
and non-nuclear material.
The NRC is establishing these requirements to enable the United
States to collect the information necessary to prepare the U.S.
declaration to the IAEA.
Section-by-Section Analysis
Section 30.8 Information Collection Requirements: Office of Management
and Budget (OMB) Approval
This section is amended to include the approved OMB information
collection control numbers for DOC/NRC Forms AP-1, AP-A, and associated
forms.
Section 30.34 Terms and Conditions of Licenses
In Sec. 30.34, paragraph (k) is added to require byproduct
material licensees to file location information described in Sec.
75.11, to permit verification of information by the IAEA, and to take
other actions as necessary to implement the Additional Protocol.
Section 40.8 Information Collection Requirements: OMB Approval
This section is amended to include the approved OMB information
collection control numbers for DOC/NRC Forms AP-1, AP-A, and associated
forms.
Section 40.31 Application for Specific Licenses
In Sec. 40.31, paragraph (g) is amended to require both applicants
for and recipients of a license to possess and use source material in a
uranium or thorium processing plant and any other applicants for a
license to possess source material to provide facility information
described in new Sec. 75.10. The section is also amended to require
ore processing plants or facilities using or storing ore concentrates
or impure source material to provide location information described in
Sec. 75.11.
[[Page 78600]]
Section 50.8 Information Collection Requirements: OMB Approval
This section is amended to include the approved OMB information
collection control numbers for DOC/NRC Forms AP-1, AP-A, and associated
forms.
Section 50.78 Facility Information and Verification
This section heading is amended. The codified text is also amended
to require that both applicants for a construction permit or license,
and recipients of a license submit information described in new Sec.
75.10 and Sec. 75.11. The section also permits verification of
information by the IAEA and requires applicants for a construction
permit or license and recipients of a license to take other actions as
necessary to implement the Safeguards Agreement and Additional Protocol
as described in 10 CFR Part 75.
Section 60.8 Information Collection Requirements: OMB Approval
This section is amended to include the approved OMB information
collection control numbers for DOC/NRC Forms AP-1, AP-A, and associated
forms.
A new heading has been added after Sec. 60.46 to read, ``US/IAEA
Safeguards Agreement.''
Section 60.47 Facility Information and Verification
Section 60.47 is added to require applicants for a construction
authorization or license and recipients of a license to submit
information described in new Sec. 75.10 upon a written request by the
Commission. The section also permits verification of information by the
IAEA and requires applicants for a construction authorization or
license, and recipients of a license to take other actions as necessary
to implement the Safeguards Agreement and Additional Protocol as
described in Part 75.
Section 61.8 Information Collection Requirements: OMB Approval
This section is amended to include the approved OMB information
collection control numbers for DOC/NRC Forms AP-1, AP-A, and associated
forms.
Section 61.31 The heading of Sec. 61.31 has been amended to read,
``US/IAEA Safeguards Agreement.''
Section 61.32 Facility Information and Verification
Section 61.32 is added to require applicants for a license and
recipients of a license to submit information described in new Sec.
75.10 and Sec. 75.11. The section also permits verification of
information by the IAEA and requires applicants for a license, and
recipients of a license to take other actions as necessary to implement
the Safeguards Agreement as described in Part 75.
Section 63.8 Information Collection Requirements: OMB Approval
This section is amended to include the approved OMB information
collection control numbers for DOC/NRC Forms AP-1, AP-A, and associated
forms.
Section 63.46 The heading of Sec. 63.46 is amended to read, ``US/IAEA
Safeguards Agreement.''
Section 63.47 Facility Information and Verification
Section 63.47 is added to require applicants for a construction
authorization or license and recipients of a license to submit
information described in new Sec. 75.10 and Sec. 75.11. The section
also permits verification of information by the IAEA and requires
applicants for a construction authorization or license, and recipients
of a license to take other actions as necessary to implement the
Safeguards Agreement and Additional Protocol as described in Part 75.
Section 70.8 Information Collection Requirements: OMB Approval
This section is amended to include the approved OMB information
collection control numbers for DOC/NRC Forms AP-1, AP-A, and associated
forms.
Section 70.21 Filing
Paragraph (g) is amended to require applicants for a construction
authorization or license and recipients of a license to submit
information described in new Sec. 75.10 and Sec. 75.11. The section
also permits verification of information by the IAEA and requires
applicants for a construction authorization or license, and recipients
of a license to take other actions as necessary to implement the
Safeguards Agreement and Additional Protocol as described in Part 75.
Section 72.9 Information Collection Requirements: OMB Approval
This section is amended to include the approved OMB information
collection control numbers for DOC/NRC Forms AP-1, AP-A, and associated
forms.
Section 72.13 Applicability
This section is not amended because the ranges that specify
applicability in Sec. 72.13(b) and (c) already encompass the new Sec.
72.79.
Section 72.79 Facility Information and Verification
Section 72.79 is added to require applicants for a certificate of
compliance or license and recipients of a certificate of compliance or
license to submit information described in new Sec. 75.10 and Sec.
75.11. The section also permits verification of information by the IAEA
and requires applicants for a certificate of compliance or license, and
recipients of a certificate of compliance or license to take other
actions as necessary to implement the Safeguards Agreement and
Additional Protocol as described in Part 75.
Section 75.1 Purpose
Section 75.1 is amended to include the Additional Protocol and
clarify the types of obligations that the U.S. has made to meet the
Safeguards Agreement.
Section 75.2 Scope
Section 75.2 is amended to include applicants for a construction
permit, construction authorization, or license, recipients of a
license, and certificate holders that will be required to report
information and provide the IAEA with access under the Safeguards
Agreement and Additional Protocol. The scope includes facilities, the
sites of the facilities, nuclear fuel cycle-related research and
development locations, manufacturers of nuclear fuel cycle-related
equipment or materials, uranium or thorium mines or concentration
plants, locations with or importing impure source materials, locations
where IAEA safeguards have been exempted or terminated, locations
receiving imported material or equipment that is subject to export
controls, and the exporting of source material and non-nuclear material
and equipment that is subject to export controls.
This section also provides a reference to the sections in this Part
that contain reporting requirements, information to be provided,
inspections, and material accounting and control requirements for
facilities and locations.
Section 75.3 Exemptions
Section 75.3 is amended to change the word ``Agreement'' to
``Safeguards Agreement and the Additional Protocol. Section 75.3(b) is
amended to reflect the intent of the Safeguards Agreement and the
Additional Protocol more accurately.
Section 75.4 Definitions
Section 75.4 is amended to include definitions that relate to the
incorporation of the Additional Protocol
[[Page 78601]]
into the 10 CFR Part 75 regulations. Definitions that have been added
include the Additional Protocol, Complementary access, Eligible
Facilities List, Environmental sampling, Facility, Initial protocol,
Location, Managed access, Nuclear fuel cycle-related manufacturing and
construction, Nuclear fuel cycle-related research and development,
Safeguards Agreement, and Subsidiary Arrangement. Other definitions
that are amended to clarify their intent are Containment, Effective
kilogram, Facility Attachment, Inventory change, and Transitional
Facility Attachment. The definition of ``United States Eligibility
Lists'' is deleted because it has been replaced by the definition of
``Eligible Facilities List.'' The definition of ``Identification under
the Agreement'' is deleted because it is defined in Sec. 75.11(a). The
definition of ``Ore processing'' is also deleted. Previously, ore
processing was excluded from Part 75, but it is now included in the
Scope in Sec. 75.2. The definition of ``Installation'' is deleted
because it has been replaced by the term ``Facility''.
Section 75.6 Facility and Location Reporting
The heading of Sec. 75.6 is amended. Paragraph (a) is revised to
include the general address for all communications and reports (unless
otherwise specified). New Paragraph (b) requires that all necessary
reports to the NRC under the Safeguards Agreement are to be in an
appropriate computer-readable format. New paragraphs (c) and (d)
specifically identify the information that must be submitted for
facilities and locations under the Safeguards Agreement and Additional
Protocol.
Section 75.7 Notification of IAEA Safeguards
Section 75.7 discusses notifications of activities subject to the
Safeguards Agreement and Additional Protocol.
Section 75.8 IAEA Inspections
The original Sec. 75.8, Facility attachments is re-designated as
Sec. 75.15. The new Sec. 75.8 is redesignated from Sec. 75.42. In
addition, the new Sec. 75.8 is amended to include IAEA inspections for
both facilities and locations. Paragraph (c) contains the requirements
that were previously found in Sec. 75.41. The codified text is amended
to include both the facilities and locations under the Safeguards
Agreement and Additional Protocol. These requirements were moved based
on the logic of discussing notification of IAEA safeguards near the
beginning of Part 75.
Paragraph (d) is amended to list the types of access by IAEA
inspectors and the places to which they will have access. The section
also includes the addition of ``Complementary Access'' in paragraph
(d)(5) to verify the completeness and accuracy of reported information.
Paragraph (d)(6) is added to allow IAEA access to additional licensee
locations on which the U.S. did not submit reports to the IAEA under
the Safeguards Agreement. Paragraph (e) is re-designated from Sec.
75.42(d), and a new paragraph (e)(6) is added to state that the
licensee shall permit the IAEA to perform other measures requested by
the IAEA and approved by the NRC and other Federal agencies.
Paragraph (f) is re-designated from Sec. 75.42(e). Paragraphs (e)
and (f) are amended to distinguish them from complementary access.
Paragraph (g) is added and states the type of activities that may be
performed by IAEA in the performance of ``Complementary Access''
inspections at locations. These activities may include visual
inspections, environmental sampling, use of radiation detection and
measurement devices, applying tamper-indicating devices, performing
sampling and nondestructive measurements, examining records, and other
measures agreed upon by IAEA Board of Governors and following
consultations between the IAEA and the U.S.
For the purpose of the Additional Protocol, the U.S. as a nuclear
weapon State, manages access as specified by procedures that may
include the:
(a) Removal of sensitive papers from office spaces; (b) shrouding
of sensitive displays, stores and equipment;
(c) Shrouding of sensitive pieces of equipment, such as computers
or electronic systems;
(d) Logging off computer systems and turning off data indicating
devices;
(e) Restriction of safeguards instrumentation or environmental
sampling to the purpose of the access; and
(f) In exceptional cases, giving only individual inspectors access
to certain parts of the inspection location.
Section 75.9 Information Collection Requirements: OMB Approval
This section is amended to include OMB approvals for the new forms
developed to implement the Additional Protocol. The section is also
amended to include OMB approvals for the new reporting burden under
Part 75.
The heading of Sec. 75.9, ``Installation Information,'' is amended
to read, ``Facility and Location Information.''
Section 75.10 Facility Information
This new section is added to include additional facility
information requirements in new Sec. 75.10(b)(5). This includes a map
of the site and information on the size of the buildings and the nature
of the activities conducted in the building. Paragraph (d) states the
forms that must be prepared for each facility. Paragraph (d)(7) has
been re-designated from Sec. 75.14(a)(1) to require information on the
facility's organizational responsibilities for material accounting and
control. Paragraph (e) specifies how site information must be
submitted. Paragraph (f) has been redesignated from Sec. 75.11(e) and
amended to use the term ``facility.'' Paragraph (g) has been
redesignated from Sec. 75.14(a)(2). Paragraph (h) requires information
on the need to manage IAEA access to the facility.
Section 75.11 Location Information
Section 75.11 is amended to include the information requirements
for locations. Specific information on locations includes:
(1) For nuclear fuel cycle related research and development, a
general description, the location, and scale of operations;
(2) For nuclear fuel-cycle related manufacturing and construction,
a description of the scale of operations;
(3) For uranium and thorium mine and concentration plants, the
location, operational status, estimated annual production and capacity;
(4) For impure source material, possession information;
(5) For imports and exports of source material for non-nuclear end
uses, the locations, quantities, chemical compositions, and use of the
imported or exported materials;
(6) For IAEA-exempted and terminated nuclear material, the
quantities, uses, and locations of the nuclear material; and
(7) For imports and exports of non-nuclear material and equipment,
the location, quantity, and description of the equipment and materials.
This section also lists the forms that must be prepared for each
location and the timing of annual reports, and requires licensees to
provide information on the need to manage IAEA access to the location.
Section 75.12 Reporting Information to IAEA
Section 75.12 is amended to clarify the purpose of the section by
changing the heading to ``Reporting information to IAEA.'' Other
changes to the section
[[Page 78602]]
include adding references to Sec. 75.10 and Sec. 75.11 and using the
terms ``facility'' and ``Safeguards Agreement.''
Section 75.13 Verification
This section is deleted. The requirements from Sec. 75.13 have
been merged into Sec. 75.8.
Section 75.14 Supplemental Information
This section is deleted. The requirements from Sec. 75.14 have
been merged into new Sec. 75.10.
Section 75.15 Facility Attachments
This section is redesignated from Sec. 75.8. The section is moved
to have the facility attachment information follow the sections
discussing submittal of facility information, on which it is based.
Also, Sec. 75.15 is amended to reference new Sec. 75.10 and to use
the terms ``facility'' and ``Safeguards Agreement.'' Paragraph (f) is
added to clarify that locations reporting under the Additional
Protocol, unless located in a facility selected under Article 39(b) of
the main text of the Safeguards Agreement, do not have facility
attachments or transitional Facility attachments. The heading of Sec.
75.15, ``Material Accounting and Control,'' is amended to read,
``Material Accounting and Control for Facilities.''
Section 75.21 General Requirements
Section 75.21 is amended to reference new Sec. 75.10 and to use
the terms ``facility'' and ``Safeguards Agreement.''
Section 75.31 General Requirements
Section 75.31 is amended to reference Sec. 75.7 and to use the
terms ``facility'' and ``Safeguards Agreement.''
Section 75.32 Initial Inventory Report
Section 75.32 is amended to use the term ``facility.'' The term
``computer-readable'' has been removed because Sec. 75.6(b) and Sec.
75.31 require all reports to be in appropriate computer-readable
format.
Section 75.33 Accounting Reports
Section 75.33 is amended to remove the term ``computer-readable''
because Sec. 75.6(b) and Sec. 75.31 require all reports to be in
appropriate computer-readable format.
Section 75.34 Inventory Change Reports
Section 75.34 is amended to use the term ``facility.'' The term
``computer-readable'' has been removed because Sec. 75.6(b) and Sec.
75.31 require all reports to be in appropriate computer-readable
format.
Section 75.35 Accounting Reports
Section 75.35 is amended to remove the term ``computer-readable''
because Sec. 75.6(b) and Sec. 75.31 require all reports to be in
appropriate computer-readable format.
Section 75.36 Special Reports
This section is amended to reference Sec. 75.7(b) and use the term
``facility.''
Section 75.37 Disclosure of Reports to IAEA
This section is removed because the requirements from this section
were redundant with the requirements in Sec. 75.12.
Section 75.41 Designation
This section is removed because the requirements have been moved to
Sec. 75.8 which is a more logical location for this section.
Section 75.42 Inspections
This section is removed because the requirements have been moved to
Sec. 75.8 which is a more logical location for this section. A new
heading is added after Sec. 75.36 and before Sec. 75.43 to read,
``ADVANCED NOTIFICATION AND EXPENSES.''
Section 75.43 Circumstances Requiring Advance Notification
This section is amended to reference Sec. 75.7 and use the terms
``facility'' and ``Eligible Facilities List.''
Section 75.44 Timing of Advance Notification
Section 75.44 is amended to use the term ``facility.''
Section 75.45 Content of Advance Notification
Section 75.45 is amended to use the term ``facility.''
Section 75.46 Expenses
Section 75.46 is amended to reference Sec. 75.7 and use the term
``Safeguards Agreement.''
Section 75.53 Criminal Penalties
Section 75.53 is amended to reference the revised sections of Part
75.
Section 76.35 Contents of Application
Paragraph (l) is amended to include applicants for a certificate
and recipients of a certificate to submit information described in new
Sec. 75.10. The section also permits verification of information by
the IAEA and requires applicants for a certificate, and recipients of a
certificate to take other actions as necessary to implement the
Safeguards Agreement as described in Part 75.
Section 95.36 Access by Representatives of the International Atomic
Energy Agency or by Participants in Other International Agreements
Section 95.36(a) is amended to reference Sec. 75.8. Sections
95.36(b)(1) and (b)(2) are amended to reference Sec. 75.8.
Section 110.11 Export of IAEA Safeguards Samples
This section is amended to reference Sec. 75.8.
Section 110.54 Reporting Requirements
This section is added to address the reporting requirement for
exports of nuclear facilities and equipment, nuclear grade graphite for
nuclear end use, and deuterium as required by the Additional Protocol.
Section 150.8 Information Collection Requirements: OMB Approval
Paragraph 150.8(c)(3) is added to include the OMB approval control
number for DOC/NRC Forms AP-1, AP-A, and associated forms.
Section 150.17a Compliance With Requirements of US/IAEA Safeguards
Agreement
Section 150.17a is amended to use the terms ``facility,''
``location,'' and ``Eligible Facilities List'' and references to
revised sections of Part 75. The section is also amended to require
Agreement State licensees (and applicants) that possess source or
special nuclear material to meet the requirements of Part 75. Section
150.17a(c) is removed because it is no longer accurate with respect to
the current US/IAEA Safeguards Agreement. Section 150.17a(d) is
redesignated as Sec. 150.17a(c). Also, the reference to source
material in amounts greater than one effective kilogram is deleted
because licensees in addition to those possessing source and special
nuclear material may be required to report information under the
Additional Protocol.
Notice and Comment Waiver
Because the substance of the amendments made by this rule involves
a foreign affairs function of the U.S., the notice and comment
provisions of the Administrative Procedure Act do not apply [5 U.S.C.
553(a)(1)]. These regulations codify explicit obligations established
by treaty or statute which the NRC has no discretion or authority to
modify, thus rendering public comment unnecessary.
[[Page 78603]]
Criminal Penalties
For the purpose of section 223 of the Atomic Energy Act of 1954, as
amended (AEA), the Commission is issuing the final rule to amend 10 CFR
Parts 30, 40, 50, 60, 61, 63, 70, 72, 75, 76, 95, 110, and 150 under
one or more of sections 161b, 161i, or 161o of the AEA. Willful
violations of the rule will be subject to criminal enforcement.
Agreement State Compatibility
Under the ``Policy Statement on Adequacy and Compatibility of
Agreement State Programs'' approved by the Commission on June 30, 1997,
and published in the Federal Register on September 3, 1997 (62 FR
46517), this rule is classified as Compatibility Category ``NRC.''
Compatibility is not required for Category ``NRC'' regulations. The NRC
program elements in this category are those that relate directly to
areas of regulation reserved to the NRC by the Atomic Energy Act of
1954, as amended, or the provisions of Title 10 of the Code of Federal
Regulations. Although an Agreement State may not adopt program elements
reserved to NRC, it may wish to inform its licensees of certain
requirements via a mechanism that is consistent with the particular
State's administrative procedure laws but does not confer regulatory
authority on the State.
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 is otherwise impractical. In this final rule, the NRC
is modifying its regulations to implement 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). There are no
voluntary consensus standards available or applicable to implement the
Additional Protocol. Additionally, this action does not constitute the
establishment of a standard that establishes generally applicable
requirements.
Environmental Impact: Categorical Exclusion
The NRC has determined that this final rule is the type of action
described in categorical exclusion 10 CFR 51.22(c)(1) and (c)(3);
therefore, neither an environmental impact statement nor an
environmental assessment has been prepared for this final rule.
Paperwork Reduction Act Statement
This final rule imposes new or amended information collection
requirements contained in 10 CFR Parts 30, 40, 50, 60, 61, 63, 70, 72,
75, 76, 95, 110, and 150, that are subject to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.). These requirements were approved
by OMB, approval numbers 3150-0017, 3150-0020, 3150-0011, 3150-0127;
3150-0135; 3150-0199; 3150-0009; 3150-0132; 3150-0055; 3150-0047; 3150-
0036; 3150-0032, and 0694-0135.
The burden to the public for these information collections is
estimated to average 10 hours per response. This includes the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
information collection. The burden for the information collections in
10 CFR Parts 30, 40, 50, 60, 61, 63, 70, 72, 75, 76, 95, 110, and 150
are covered by the information collection requirements in 10 CFR Part
75 (3150-0055). Send comments on any aspect of these information
collections, including suggestions for reducing the burden, to the
Records and FOIA/Privacy Services Branch (T-5 F53), U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, or by Internet
electronic mail to [email protected]; and to the Desk
Officer, Office of Information and Regulatory Affairs, NEOB-10202,
(3150-0055), Office of Management and Budget, Washington, DC 20503 or
by Internet electronic mail to [email protected].
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information for an information collection
requirement unless the requesting document displays a currently valid
OMB control number.
Regulatory Analysis
A regulatory analysis has not been prepared for this regulation.
The information reported is necessary to satisfy U.S. Government
obligations with IAEA under 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 (Safeguards Agreement)
and 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).
Backfit Analysis
The NRC has determined that the backfit rule (Sec. 50.109, Sec.
70.76, Sec. 72.62, or Sec. 76.76) does not apply to this final rule
because this amendment does not involve any provisions that would
impose backfits as defined in the backfit rule. Therefore, a backfit
analysis is not required.
Small Business Regulatory Enforcement Fairness Act
Under 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
10 CFR Part 30
Byproduct material, Criminal penalties, Labeling, Nuclear
materials, Packaging and containers, Radiation protection, Specific
licenses, Reporting and recordkeeping requirements, Scientific
equipment.
10 CFR Part 40
Criminal penalties, Government contracts, Hazardous materials
transportation, Nuclear materials, Reporting and recordkeeping
requirements, Source material, Uranium.
10 CFR Part 50
Antitrust, Classified information, Criminal penalties, Fire
protection, Intergovernmental relations, Nuclear power plants and
reactors, Radiation protection, Reactor siting criteria, Reporting and
recordkeeping requirements.
10 CFR Part 60
Criminal penalties, High-level waste, Nuclear materials, Nuclear
power plants and reactors, Reporting and recordkeeping requirements,
Waste treatment and disposal.
10 CFR Part 61
Criminal penalties, Low-level waste, Nuclear materials, Reporting
and recordkeeping requirements, Waste treatment and disposal.
10 CFR Part 63
Criminal penalties, High-level waste, Nuclear power plants and
reactors, Reporting and recordkeeping requirements, Waste treatment and
disposal.
[[Page 78604]]
10 CFR Part 70
Criminal penalties, Hazardous materials transportation, Material
accounting and control, Nuclear materials, Packaging and containers,
Radiation protection, Reporting and recordkeeping requirements,
Scientific equipment, Security measures, Special nuclear material.
10 CFR Part 72
Administrative practice and procedure, Criminal penalties, Manpower
training programs, Nuclear materials, Occupational safety and health,
Penalties, Radiation protection, Reporting and recordkeeping
requirements, Security measures, Spent fuel, Whistleblowing.
10 CFR Part 75
Criminal penalties, Intergovernmental relations, Nuclear materials,
Nuclear power plants and reactors, Reporting and recordkeeping
requirements, Security measures.
10 CFR Part 76
Certification, Criminal penalties, Radiation protection, Reporting
and recordkeeping requirements, Security measures, Special nuclear
material, Uranium enrichment by gaseous diffusion.
10 CFR Part 95
Classified information, Criminal penalties, Reporting and
recordkeeping requirements, Security measures.
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.
10 CFR Part 150
Criminal penalties, Hazardous materials transportation,
Intergovernmental relations, Nuclear materials, Reporting and
recordkeeping requirements, Security measures, Source material, Special
nuclear material.
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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; 5 U.S.C. 552 and 553; and the Energy Policy Act of
2005; Pub. L. 109-58, 119 Stat. 594 (2005); the NRC is adopting the
following amendments to 10 CFR parts 30, 40, 50, 60, 61, 63, 70, 72,
75, 76, 95, 110, and 150.
PART 30--RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF
BYPRODUCT MATERIAL
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1. The authority citation for part 30 continues to read as follows:
Authority: Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948,
953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42
U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201 as
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.
5841, 5842, 5846); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note);
sec. 651(e), Pub. L. 109-58, 119 Stat. 806-81D (42 U.S.C. 2014,
2021, 2021b, 2111).
Section 30.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42
U.S.C. 5851). Section 30.34(b) also issued under sec. 184, 68 Stat.
954, as amended (42 U.S.C. 2234). Section 30.61 also issued under
sec. 187, 68 Stat. 955 (42 U.S.C. 2237).
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2. In Sec. 30.8, paragraph (c)(3) is added to read as follows:
Sec. 30.8 Information collection requirements: OMB approval.
* * * * *
(c) * * *
(3) In Sec. 30.34, DOC/NRC Forms AP-1, AP-A, and associated forms
are approved under control number 0694-0135.
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3. In 30.34, new paragraph (k) is added to read as follows:
Sec. 30.34 Terms and conditions of licenses.
* * * * *
(k) As required by the Additional Protocol, each specific licensee
authorized to possess and use byproduct material shall file with the
Commission location information described in Sec. 75.11 of this
chapter on DOC/NRC Forms AP-1 and associated forms. The licensee shall
also permit verification of this information by the International
Atomic Energy Agency (IAEA) and shall take other action as may be
necessary to implement the US/IAEA Safeguards Agreement, as described
in part 75 of this chapter.
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL
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4. 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, 92 Stat. 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), Sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
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).
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5. In Sec. 40.8, the introductory text to paragraph (c) and paragraphs
(c)(2), (c)(3), and (c)(4) are revised, and paragraph (c)(5) is added
to read as follows:
Sec. 40.8 Information collection requirements: OMB approval.
* * * * *
(c) This Part contains information collection requirements in
addition to those approved under the control number specified in
paragraph (a) of this section. These information collection
requirements and the control numbers under which they are approved are
as follows:
* * * * *
(2) In Sec. 40.31, DOC/NRC Forms AP-1, AP-A, and associated forms
are approved under control numbers 0694-0135.
(3) In Sec. 40.31, Forms N-71 and associated forms are approved
under control number 3150-0056.
(4) In Sec. 40.42, NRC Form 314 is approved under control number
3150-0028.
(5) In Sec. 40.64, DOE/NRC Form 741 is approved under control
number 3150-0003.
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6. In Sec. 40.31, paragraph (g) is revised to read as follows:
Sec. 40.31 Application for specific licenses.
* * * * *
(g) An applicant for a license to possess and use source material,
or the recipient of such a license shall report information to the
Commission as follows:
(1) In response to a written request by the Commission, a uranium
or thorium processing plant, and any other applicant for a license to
possess and use source material, shall submit facility information
described in Sec. 75.10 of this chapter on Form N-71 and associated
forms and site information on DOC/NRC Form AP-A, and associated forms;
(2) As required by the Additional Protocol, a uranium or thorium
processing plant, and any other applicant for a license to possess and
use source material, shall submit location information described in
[[Page 78605]]
Sec. 75.11 of this chapter on DOC/NRC Form AP-1 and associated forms;
shall permit verification of this information by the International
Atomic Energy Agency (IAEA); and shall take other actions as may be
necessary to implement the US/IAEA Safeguards Agreement, as described
in Part 75 of this chapter; or
(3) As required by the Additional Protocol, an ore processing plant
or a facility using or storing ore concentrates or other impure source
materials shall submit the information described in Sec. 75.11 of this
chapter, as appropriate, on DOC/NRC Form AP-1 and associated forms;
shall permit verification of this information by the International
Atomic Energy Agency (IAEA); and shall take other actions as may be
necessary to implement the US/IAEA Safeguards Agreement, as described
in Part 75 of this chapter.
* * * * *
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
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7. The authority citation for part 50 continues to read as follows:
Authority: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68
Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234,
83 Stat. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201,
2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846);
sec.1704, 112 Stat. 2750 (44 U.S.C. 3504 note); sec. 651(e), Pub. L.
109-58, 119 Stat. 806-810 (42 U.S.C. 2014, 2021, 2021b, 2111).
Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951, (42 U.S.C. 5841). Section 50.10 also issued under Secs. 101,
185, 68 Stat. 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub.
L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd),
and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42
U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued
under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a,
50.55a and Appendix Q also issued under sec. 102, Pub. L. 91-190, 83
Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued
under sec. 204, 88 stat.1245 (42 U.S.C. 5844). Sections 50.58,
50.91, and 50.92 also issued under Pub. L. 97-415, 96 Stat. 2073 (42
U.S.C. 2239). Section 50.78 also issued under sec. 122, 68 Stat. 939
(42 U.S.C. 2152). Sections 50.80--50.81 also issued under sec. 184,
68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued
under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).
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8. In Sec. 50.8, paragraphs (b) and (c)(2) are revised, and paragraph
(c)(3) is added to read as follows:
Sec. 50.8 Information collection requirements: OMB approval.
* * * * *
(b) The approved information collection requirements contained in
this Part appear in Sec. Sec. 50.30, 50.33, 50.33a, 50.34, 50.34a,
50.35, 50.36, 50.36a, 50.36b, 50.44, 50.46, 50.47, 50.48, 50.49, 50.54,
50.55, 50.55a, 50.59, 50.60, 50.61, 50.62, 50.63, 50.64, 50.65, 50.66,
50.68, 50.71, 50.72, 50.73, 50.74, 50.75, 50.78, 50.80, 50.82, 50.83,
50.90, 50.91, and 50.120 and Appendices A, B, E, G, H, I, J, K, M, N,
O, Q, R, and S to this Part.
(c) * * *
(2) In Sec. 50.78, Form N-71 and associated forms are approved
under control number 3150-0056.
(3) In Sec. 50.78, DOC/NRC Forms AP-1, AP-A, and associated forms
are approved under control numbers 0694-0135.
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9. Section 50.78 is revised to read as follows:
Sec. 50.78 Facility information and verification.
(a) In response to a written request by the Commission, each
applicant for a construction permit or license and each recipient of a
construction permit or a license shall submit facility information, as
described in Sec. 75.10 of this chapter, on Form N-71, and associated
forms and site information on DOC/NRC Form AP-A and associated forms;
(b) As required by the Additional Protocol, shall submit location
information described in Sec. 75.11 of this chapter on DOC/NRC Form
AP-1 and associated forms; and
(c) Shall permit verification thereof by the International Atomic
Energy Agency (IAEA) and take other action as necessary to implement
the US/IAEA Safeguards Agreement, as described in Part 75 of this
chapter.
PART 60--DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN GEOLOGIC
REPOSITORIES
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10. The authority citation for 10 CFR part 60 continues to read as
follows:
Authority: Secs. 51, 53, 62, 63, 65, 81, 161, 182, 183, 68 Stat.
929, 930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2071,
2073, 2092, 2093, 2095, 2111, 2201, 2232, 2233); secs. 202, 206, 88
Stat. 1244, 1246 (42 U.S.C. 5842, 5846); secs. 10 and 14, Pub. L.
95-601, 92 Stat. 2951 (42 U.S.C. 2021a and 5851); sec. 102, Pub. L.
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 114, 121, Pub. L. 97-
425, 96 Stat. 2213g, 2228, as amended (42 U.S.C. 10134, 10141), and
Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 U.S.C. 5851), sec.
1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
Section 60.9 is also issued under Pub. L. 95-601, sec. 10, 92
Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123
(42 U.S.C. 5851).
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11. In Sec. 60.8, paragraph (b) is revised and paragraph (c) is added
to read as follows:
Sec. 60.8 Information collection requirements: Approval.
* * * * *
(b) The approved information collection requirements contained in
this Part appear in Sec. Sec. 60.47, 60.62, 60.63, 60.65.
(c) In Sec. 60.47, Form N-71 and associated forms are approved
under control number 3150-0056, and DOC/NRC Forms AP-1, AP-A, and
associated forms are approved under control number 0694-0135.
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12-13. A new undesignated center heading is added after Sec. 60.46 and
new Sec. 60.47 is added to read as follows:
US/IAEA Safeguards Agreement
Sec. 60.47 Facility information and verification.
(a) In response to a written request by the Commission, each
applicant for a construction authorization or license and each
recipient of a construction authorization or a license shall submit
facility information, as described in Sec. 75.10 of this chapter, on
Form N-71 and associated forms, and site information on DOC/NRC Form
AP-A and associated forms;
(b) As required by the Additional Protocol, applicants and
licensees specified in paragraph (a) of this section shall submit
location information described in Sec. 75.11 of this chapter on DOC/
NRC Form AP-1 and associated forms;
(c) Shall permit verification thereof by the International Atomic
Energy Agency (IAEA) and take other action as necessary to implement
the US/IAEA Safeguards Agreement, as described in Part 75 of this
chapter.
PART 61--LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE
WASTE
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14. The authority citation for 10 CFR part 61 continues to read as
follows:
Authority: Secs. 53, 57, 62, 63, 65, 81, 161, 182, 183, 68 Stat.
930, 932, 933, 935, 948, 953, and 954, as amended (42 U.S.C. 2073,
2077, 2092, 2093, 2095, 2111, 2201, 2232, and 2233); secs. 202, 206,
88 Stat. 1244, 1246, (42 U.S.C. 5842, 5846); secs. 10 and 14, Pub.
L. 95-601, 92 Stat. 2951 (42 U.S.C. 2021a and 5851) and Pub. L. 102-
486, sec. 2902, 106 Stat. 3123, (42 U.S.C. 5851); sec. 1704, 112
Stat. 2750 (44 U.S.C. 3504 note).
Section 61.9 is also issued under Pub. L. 95-601, sec. 10, 92
Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123
(42 U.S.C. 5851).
[[Page 78606]]
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15. In Sec. 61.8, paragraph (b) is revised and paragraph (c) is added
to read as follows:
Sec. 61.8 Information collection requirements: OMB approval.
* * * * *
(b) The approved information collection requirements contained in
this Part appear in Sec. Sec. 61.3, 61.6, 61.9, 61.10, 61.11, 61.12,
61.13, 61.14, 61.15, 61.16, 61.20, 61.22, 61.24, 61.26, 61.27, 61.28,
61.30, 61.31, 61.32, 61.53, 61.55, 61.57, 61.58, 61.61, 61.62, 61.63,
61.72, and 61.80.
(c) In Sec. 61.32, Form N-71 and associated forms are approved
under control number 3150-0056, and DOC/NRC Forms AP-1, AP-A, and
associated forms are approved under control numbers 0694-0135.
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16-17. A new undesignated center heading is added after Sec. 61.31 and
new Sec. 61.32 is added to read as follows:
US/IAEA Safeguards Agreement
Sec. 61.32 Facility information and verification.
(a) In response to a written request by the Commission, each
applicant for a license and each recipient of a license shall submit
facility information, as described in Sec. 75.10 of this chapter, on
Form N-71 and associated forms and site information on DOC/NRC Form AP-
A, and associated forms;
(b) As required by the Additional Protocol, applicants and
licensees specified in paragraph (a) of this section shall submit
location information described in Sec. 75.11 of this chapter on DOC/
NRC Form AP-1 and associated forms; and
(c) Shall permit verification thereof by the International Atomic
Energy Agency (IAEA) and take other action as necessary to implement
the US/IAEA Safeguards Agreement, as described in Part 75 of this
chapter.
PART 63--DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC
REPOSITORY AT YUCCA MOUNTAIN, NEVADA
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18. The authority citation for part 63 continues to read as follows:
Authority: Secs. 51, 53, 62, 63, 65, 81, 161, 182, 183, 68 Stat.
929, 930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2071,
2073, 2092, 2093, 2095, 2111, 2201, 2232, 2233); secs. 202, 206, 88
Stat.1244, 1246 (42 U.S.C. 5842, 5846); secs. 10 and 14, Pub. L. 95-
601, 92 Stat. 2951 (42 U.S.C. 2021a and 5851); sec. 102, Pub. L. 91-
190, 83 Stat. 853 (42 U.S.C. 4332); secs. 114, 121, Pub. L. 97-425,
96 Stat. 2213g, 2238, as amended (42 U.S.C. 10134, 10141), and Pub.
L. 102-486, sec. 2902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 1704,
112 Stat. 2750 (44 U.S.C. 3504 note).
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19. In Sec. 63.8, paragraph (b) is revised and paragraph (c) is added
to read as follows:
Sec. 63.8 Information collection requirements: OMB approval.
* * * * *
(b) The approved information collection requirements contained in
this Part appear in Sec. Sec. 63.47, 63.62, 63.63, and 63.65.
(c) In Sec. 63.47, Form N-71 and associated forms are approved
under control number 3150-0056, and DOC/NRC Forms AP-1, AP-A, and
associated forms are approved under control numbers 0694-0135.
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20-21. A new undesignated center heading is added after Sec. 63.46 and
new Sec. 63.47 is added to read as follows:
US/IAEA Safeguards Agreement
Sec. 63.47 Facility information and verification.
(a) In response to a written request by the Commission, each
applicant for a construction authorization or license and each
recipient of a construction authorization or a license shall submit
facility information, as described in Sec. 75.10 of this chapter, on
Form N-71 and associated forms and site information on DOC/NRC Form AP-
A and associated forms;
(b) As required by the Additional Protocol, applicants and
licensees specified in paragraph (a) of this section shall submit
location information described in Sec. 75.11 of this chapter on DOC/
NRC Form AP-1 and associated forms;
(c) Shall permit verification thereof by the International Atomic
Energy Agency (IAEA) and take other action as necessary to implement
the US/IAEA Safeguards Agreement, as described in Part 75 of this
chapter.
PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
0
22. The authority citation for 10 CFR part 70 continues to read as
follows:
Authority: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948,
953, 954, as amended, sec. 234, 83 Stat. 444, as amended, (42 U.S.C.
2071, 2073, 2201, 2232, 2233, 2282, 2297f); secs. 201, as amended,
202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42
U.S.C. 5841, 5842, 5845, 5846). Sec. 193, 104 Stat. 2835 as amended
by Pub. L. 104-134, 110 Stat. 1321, 1321-349 (42 U.S.C. 2243), sec.
1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141,
Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
Section 70.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42
U.S.C. 5851). Section 70.21(g) also issued under sec. 122, 68 Stat.
939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 57d, Pub.
L. 93-377, 88 Stat. 475 (42 U.S.C. 2077). Sections 70.36 and 70.44
also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C.
2234). Section 70.81 also issued under secs. 186, 187, 68 Stat. 955
(42 U.S.C. 2236, 2237). Section 70.82 also issued under sec. 108, 68
Stat. 939, as amended (42 U.S.C. 2138).
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23. In Sec. 70.8, paragraph (c)(1) is revised and (c)(3) is added to
read as follows:
Sec. 70.8 Information collection requirements: OMB approval.
* * * * *
(c) * * *
(1) In Sec. 70.21(g), Form N-71 and associated forms are approved
under control number 3150-0056.
* * * * *
(3) In Sec. 70.21(g), DOC/NRC Forms AP-1, AP-A, and associated
forms are approved under control number 0694-0135.
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24. In Sec. 70.21, paragraph (g) is revised to read as follows:
Sec. 70.21 Filing.
* * * * *
(g)(1) In response to a written request by the Commission, each
applicant for a construction authorization or license and each
recipient of a construction authorization or a license to possess and
use special nuclear material shall submit facility information, as
described in Sec. 75.10 of this chapter, on Form N-71 and associated
forms and site information on DOC/NRC Form AP-A and associated forms;
(2) As required by the Additional Protocol, applicants and
licensees specified in paragraph (a) of this section shall submit
location information described in Sec. 75.11 of this chapter on DOC/
NRC Form AP-1 and associated forms; and
(3) Shall permit verification thereof by the International Atomic
Energy Agency (IAEA) and take other action as necessary to implement
the US/IAEA Safeguards Agreement, as described in Part 75 of this
chapter.
* * * * *
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE
0
25. The authority citation for part 72 continues to read as follows:
Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183,
184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953,
954, 955, as amended; sec. 234, 83 Stat. 444, as
[[Page 78607]]
amended (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111,
2201, 2232, 2233, 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L.
86-373, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.
5841, 5842, 5846); Pub. L. 95-601, sec. 10, 92 Stat. 2951, as
amended by Pub. L. 102-486, sec. 7902, 106 Stat. 3123 (42 U.S.C.
5851); sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332);
secs. 131, 132, 133, 135, 137, 141, Pub. L. 97-425, 96 Stat. 2229,
2230, 2232, 2241; sec. 148, Pub. L. 100-203, 101 Stat. 1330-235 (42
U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168); sec. 1704,
112 Stat. 2750 (44 U.S.C. 3504 note); sec. 651(e), Pub. L. 109-58,
119 Stat. 806-10 (42 U.S.C. 2014, 2021, 2021b, 2111).
Section 72.44(g) also issued under secs. 142(b) and 148(c), (d),
Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b),
10168(c), (d)). Section 72.46 also issued under sec. 189, 68 Stat.
955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42
U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub.
L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also
issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-
425, 96 Stat. 2202, 2203, 2204, 2222, 2244 (42 U.S.C. 10101,
10137(a), 10161(h)). Subparts K and L are also issued under sec.
133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252
(42 U.S.C. 10198).
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26. In Sec. 72.9, paragraph (c) is added to read as follows:
Sec. 72.9 Information collection requirements: OMB approval.
* * * * *
(c) In Sec. 72.79, Form N-71 and associated forms are approved
under control number 3150-0056, and DOC/NRC Forms AP-1, AP-A, and
associated forms are approved under control number 0694-0135.
0
27. Section 72.79 is added to read as follows:
Sec. 72.79 Facility information and verification.
(a) In response to a written request by the Commission, each
applicant for a certificate of compliance or license and each recipient
of a certificate of compliance or specific or general license shall
submit facility information, as described in Sec. 75.10 of this
chapter, on Form N-71 and associated forms and site information on DOC/
NRC Form AP-A and associated forms;
(b) Shall submit location information described in Sec. 75.11 of
this chapter on DOC/NRC Form AP-1 and associated forms; and
(c) Shall permit verification thereof by the International Atomic
Energy Agency (IAEA) and take other action as necessary to implement
the US/IAEA Safeguards Agreement, as described in Part 75 of this
chapter.
PART 75--SAFEGUARDS ON NUCLEAR MATERIAL--IMPLEMENTATION OF US/IAEA
AGREEMENT
0
28. The authority citation for part 75 is amended to read as follows:
Authority: Secs. 53, 63, 103, 104, 122, 161, 68 Stat. 930, 932,
936, 937, 939, 948, as amended (42 U.S.C. 2073, 2093, 2133, 2134,
2152, 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841);
sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
Section 75.4 also issued under secs. 135, 141, Public Law 97-
425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
0
29. Section 75.1 is revised to read as follows:
Sec. 75.1 Purpose.
The purpose of this part is to implement the requirements
established by treaties between the United States and the International
Atomic Energy Agency (IAEA). These treaties include 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 (Safeguards Agreement) and 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). This part contains
requirements to ensure that the United States meets its nuclear non-
proliferation obligations under these US/IAEA Safeguards treaties.
These obligations include providing information to the IAEA on the
place of applicant, licensee, or certificate holder activities;
information on source and special nuclear materials; and access to the
place of applicant, licensee, or certificate holder activities. These
obligations are similar to the obligations accepted by other countries.
0
30. Section 75.2 is revised to read as follows:
Sec. 75.2 Scope.
(a) All persons licensed by the Nuclear Regulatory Commission or an
Agreement State, or who hold a certificate of compliance, or
construction permit or authorization issued by the Nuclear Regulatory
Commission are subject to the requirements of this part. These
requirements also apply to all persons who have filed an application
with the NRC to construct a facility or to receive source or special
nuclear material. Locations determined by the U.S. Government to be
associated with activities or information of direct national security
significance to the United States are excluded from these requirements.
Specifically, these requirements pertain to the following locations and
activities of licensees and certificate holders:
(1) A facility, as defined in Sec. 75.4, and the site of the
facility;
(2) A location performing nuclear fuel cycle-related research and
development, as defined in Sec. 75.4;
(3) A location manufacturing, assembling, or constructing nuclear
fuel cycle-related equipment or materials as defined in Sec. 75.4;
(4) A location of a uranium or thorium mine or concentration plant
(e.g., in-situ leach mines and activities involving ore processing);
(5) A location importing or possessing ``impure'' source material
[i.e., source material not in the form of purified chemical products
(e.g., UF6, U metal, UO2)];
(6) A location possessing source or special nuclear material on
which IAEA safeguards have been exempted or terminated;
(7) A location receiving imports of material or equipment that is
subject to export controls; and
(8) The activity of exporting source materials for non-nuclear
purposes or exporting of non-nuclear material or equipment that is
subject to export controls.
(b) Facilities referred to in Sec. 75.2(a)(1) are also subject to
the reporting requirements of Sec. 75.6(b) and (c), IAEA inspections
in Sec. 75.8, Facility information in Sec. 75.10, and the Material
Accounting and Control requirements in Sec. Sec. 75.21 through 75.45.
(c) Locations referred to in Sec. 75.2(a)(2) through 75.2(a)(7)
are also subject to the reporting requirements of Sec. 75.6(b) and
(d), and IAEA inspections in Sec. 75.8, and location information in
Sec. 75.11.
0
31. Section 75.3 is revised to read as follows:
Sec. 75.3 Exemptions.
(a) The Commission may, upon application of any interested person
or upon its own initiative, grant exemptions from the requirements of
this Part that it determines are authorized by law and consistent with
the Safeguards Agreement or the Additional Protocol, are not inimical
to the common defense and security, and are otherwise in the public
interest.
(b) Without limiting the generality of paragraph (a) of this
section, the U.S. Government may request from the IAEA an exemption
with respect to nuclear material of the following types:
(1) Source and special nuclear material in gram quantities or less
as a sensing component in instruments;
[[Page 78608]]
(2) Nuclear material used in non-nuclear activities; and
(3) Plutonium with an isotopic concentration of plutonium-238
exceeding 80 percent.
0
32. In Sec. 75.4:
0
a. The paragraph designations are removed;
0
b. The definitions of Identification under the Agreement, Installation,
Ore processing, and United States Eligibility List are removed;
0
c. The definitions of Additional Protocol; Complementary access;
Eligible Facilities List; Environmental sampling; Facility; Initial
Protocol; Location; Managed access; Nuclear fuel-cycle related
manufacturing and construction; Nuclear fuel-cycle related research and
development; Safeguards Agreement; and Subsidiary arrangement are added
in alphabetical order; and
0
d. The definitions of Containment, Effective kilogram, Facility
attachment, Inventory change, Surveillance, and Transitional facility
attachment are revised.
The additions and revisions read as follows:
Sec. 75.4 Definitions.
* * * * *
Additional Protocol means 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, concluded between the United States and the IAEA in Vienna,
Austria, on June 12, 1998, that follows the provisions of INFCIRC/540.
* * * * *
Complementary Access means access provided to IAEA inspectors in
accordance with the provisions of the Additional Protocol.
Containment (with respect to IAEA safeguards) means containers,
devices, or structures that are used to prevent undetected access to or
movement of nuclear material.
Effective Kilogram means a unit used in safeguarding nuclear
material. The quantity is:
(1) For special nuclear material: The amount specified in Sec.
70.4 of this chapter.
(2) For source material: The amount specified in Sec. 40.4 of this
chapter.
Eligible Facilities List means the list of facilities that are
eligible for IAEA safeguards inspections under the US/IAEA Safeguards
Agreement, which the Secretary of State or his designee last submitted
for Congressional review and which was not disapproved. A copy of this
list is available for inspection at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room. In accordance with
the provisions of the Safeguards Agreement, facilities of direct
national security significance are excluded from the Eligible
Facilities List.
Environmental Sampling (with respect to IAEA Safeguards) means the
collection of environmental samples (e.g., air, water, vegetation,
soil, or smears from surfaces) at a location specified by the IAEA for
the purpose of assisting the IAEA to draw a conclusion about the
absence of undeclared nuclear material or nuclear activities.
Facility means:
(1) A production facility or utilization facility as defined in
Sec. 50.2 of this chapter;
(2) A plant that converts nuclear material from one chemical form
to another (e.g., Uranium hexafluoride plant);
(3) A fuel fabrication plant;
(4) An enrichment plant or isotope separation plant for the
separation of isotopes of uranium or to increase the abundance of
235U.
(5) An installation designed to store nuclear material, such as an
independent spent fuel storage installation (ISFSI) or a monitored
retrievable storage installation (MRS) as defined in Sec. 72.3 of this
chapter; or
(6) Any plant or location where the possession of more than 1
effective kilogram of nuclear material is licensed pursuant to Parts
40, 50, 60, 61, 63, 70, 72, 76, or 150 of this chapter or an Agreement
State license.
Facility Attachment means a document negotiated between the U.S.
and the IAEA that establishes safeguards commitments for a particular
facility.
IAEA means the International Atomic Energy Agency or its duly
authorized representatives.
IAEA Material Balance Area means an area established for IAEA
material accounting purposes, so that:
(1) The quantity of nuclear material in each transfer into or out
of each material balance area can be determined; and
(2) The physical inventory of nuclear material in each material
balance area can be determined when necessary in accordance with
specified procedures.
Initial Protocol means the protocol 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 that was
concluded with the IAEA and provides the IAEA the right to select a
facility for material accounting reporting only without the right to
conduct inspections.
Inventory Change means an increase or decrease in the quantity of
source or special nuclear material in an IAEA material balance area.
Key Measurement Point means a location where source or special
nuclear material appears in such a form that it may be measured to
determine material flow or inventory. Key measurement points include,
but are not limited to, the inputs and outputs (including measured
discards) and storages in IAEA material balance areas.
Location means any geographical point or area identified by the
United States in its declarations, or by the IAEA resulting from a
question, under the Additional Protocol.
Managed Access means procedures to protect sensitive or classified
information or, to meet safety or physical protection requirements,
while allowing the IAEA to accomplish the purpose of a complementary
access request.
Nuclear Fuel Cycle-Related Manufacturing and Construction means
those activities related to the manufacture or construction of any of
the following: Components for separating the isotopes of uranium or
enriching uranium in the isotope 235, zirconium tubes, heavy water or
deuterium, nuclear-grade graphite, irradiated fuel casks and canisters,
reactor control rods, criticality safe tanks and vessels, irradiated
fuel element chopping machines, and hot cells.
Nuclear Fuel Cycle-Related Research and Development means those
activities specifically related to any process or system development
aspect of any of the following: Conversion of nuclear material;
enrichment of nuclear material; nuclear fuel fabrication; reactors;
critical facilities; reprocessing of nuclear fuel; and processing of
intermediate or high-level waste containing plutonium, high-enriched
uranium, or uranium-233.
Nuclear Material means any source material or any special nuclear
material.
Safeguards Agreement means the Agreement Between the United States
and the IAEA for the Application of Safeguards in the United States,
and all protocols and subsidiary arrangements to the agreement.
Subsidiary Arrangement means a document, negotiated between the
U.S. and the IAEA, that formally defines the technical and
administrative procedures to implement the measures contained in the
Safeguards Agreement.
Surveillance (with respect to IAEA Safeguards) means instrumental
or human observation aimed at detecting the movement of nuclear
material.
Transitional Facility Attachment means that portion of the
``Transitional
[[Page 78609]]
Subsidiary Arrangements to the Protocol to the Safeguards Agreement''
that pertains to a particular facility that has been identified under
the Initial Protocol.
0
33. Section 75.6 is revised to read as follows:
Sec. 75.6 Facility and location reporting.
(a) Except where otherwise specified, all communications concerning
the regulations in this Part shall be addressed to the U.S. Nuclear
Regulatory Commission, ATTN: Document Control Desk, Washington, DC
20555-0001. Written communications may be delivered in person to the
Nuclear Regulatory Commission at One White Flint North, 11555 Rockville
Pike, Rockville, MD 20852-2738 between 7:30 a.m. and 4:15 p.m. eastern
time. If a submittal deadline falls on a Saturday, Sunday, or a Federal
holiday, the next Federal working day becomes the official due date.
(b) Each applicant, licensee, or certificate holder who has been
given notice by the Commission in writing that its facility or location
is required to report under the Safeguards Agreement shall make its
initial and subsequent reports, including attachments, in an
appropriate format defined in the instructions.
(c) Facilities--Specific information regarding facilities is to be
reported as follows:
----------------------------------------------------------------------------------------------------------------
Item Section Manner of delivery
----------------------------------------------------------------------------------------------------------------
Initial Inventory Report...................... 75.32 As specified by printed instructions for
preparation of DOE/NRC Form-742.
Inventory Change Reports...................... 75.34 As specified by printed instructions for
preparation of DOE/NRC Form-741 and Form-740M.
Material Status Reports....................... 75.35 As specified by printed instructions for
preparation of DOE/NRC Form-742, Form-742C, and
Form-740M.
Special Reports............................... 75.36 To the NRC Headquarters Operations Center.
Facility information.......................... 75.10(d) As specified by printed instructions for Form N-
71 and associated forms.
Site information.............................. 75.10(e) As specified by printed instructions for
preparation of DOC/NRC Form AP-A and associated
forms.
----------------------------------------------------------------------------------------------------------------
(d) Locations--Specific information regarding locations is to be
reported as follows:
----------------------------------------------------------------------------------------------------------------
Item Section Manner of delivery
----------------------------------------------------------------------------------------------------------------
Fuel cycle-related research and development 75.11(c)(1) As specified by printed instructions for
information. preparation of DOC/NRC Form AP-1 and associated
forms.
Fuel cycle-related manufacturing and 75.11(c)(2) As specified by printed instructions for
construction information. preparation of DOC/NRC Form AP-1 and associated
forms.
Mines and concentration plant information..... 75.11(c)(3) As specified by printed instructions for
preparation of DOC/NRC Form AP-1 and associated
forms.
Impure source material possession information. 75.11(c)(4) As specified by printed instructions for
preparation of DOC/NRC Form AP-1 and associated
forms.
Imports and exports of source material for non- 75.11(c)(5) As specified by printed instructions for
nuclear end uses. preparation of DOC/NRC Form AP-1 and associated
forms.
IAEA safeguards-exempted and terminated 75.11(c)(6) As specified by printed instructions for
nuclear material information. preparation of DOC/NRC Form AP-1 and associated
forms.
Imports and exports of non-nuclear material 75.11(c)(7) As specified by printed instructions for
and equipment. preparation of DOC/NRC Form AP-1 and associated
forms.
----------------------------------------------------------------------------------------------------------------
0
34. Section 75.7 is revised to read as follows:
Sec. 75.7 Notification of IAEA safeguards.
(a) The licensee must inform the NRC:
(1) Before the licensee begins an activity that may be subject to
the Safeguards Agreement; or
(2) Within 30 days of beginning an activity subject to the
Additional Protocol.
(b) The Commission, by written notice, will inform the applicant,
licensee, or certificate holder of those facilities subject to the
application of IAEA safeguards.
(c) Such notice is effective until the Commission informs the
licensee or certificate holder, in writing, that its facility or
location is no longer so designated. Whenever a previously designated
facility or location is no longer subject to the application of IAEA
safeguards, the Commission will give the licensee or certificate holder
prompt notice to that effect.
0
35. Section 75.8 is revised to read as follows:
Sec. 75.8 IAEA inspections.
(a) As provided in the Safeguards Agreement and Additional
Protocol, inspections may be ad hoc, routine, special, or a
complementary access (or a combination of the foregoing). The
objectives of the IAEA inspectors in the performance of inspections are
as follows:
(1) Ad hoc inspections to verify information contained in the
licensee's, applicant's, or certificate holder's facility information
or initial inventory report, or to identify and verify changes in the
situation which have occurred after the initial inventory reporting
date at any location where the initial inventory report or any
inspections carried out indicate that nuclear material subject to
safeguards under the Safeguards Agreement may be present;
(2) Ad hoc inspections to identify and, if possible, verify the
quantity and composition of the nuclear material referred to in
notifications specified under Sec. 75.43(b) (pertaining to exports) or
Sec. 75.43(c) (pertaining to imports) at any place where nuclear
material may be located;
(3) Routine inspections are conducted as specified by the facility
attachments referred to in Sec. 75.15 to verify nuclear material and
as-built facility design at the strategic points and the records
maintained under this part;
[[Page 78610]]
(4) Special inspections may be conducted at any of the places
specified above and any additional places where the Commission (in
coordination with other Federal agencies), in response to an IAEA
request, finds access to be necessary;
(5) Complementary access may be conducted at a location, using
measures permitted under the Additional Protocol and as specified by
managed access procedures, for the IAEA inspectors to verify the
completeness and accuracy of the information provided on DOC/NRC Form
AP-1 or AP-A and associated forms; and
(6) Complementary access must be provided at any additional
locations where the Commission (in coordination with other Federal
agencies), in response to an IAEA request, finds access to be
necessary.
(b) The NRC will notify the applicant, licensee, or certificate
holder of each such inspection or complementary access in writing as
soon as possible after receiving the IAEA's notice from the U.S.
Department of State. The applicant, licensee, or certificate holder
should consult with the Commission immediately if the inspection or
complementary access would unduly interfere with its activities or if
its key personnel cannot be available.
(c) Each applicant, licensee, or certificate holder subject to the
provisions of this part shall recognize as a duly authorized
representative of the IAEA any person bearing IAEA credentials for whom
the NRC has provided written or electronic authorization that the IAEA
representative is permitted to conduct inspection activities on
specified dates. If the IAEA representative's credentials have not been
confirmed by the NRC, the applicant, licensee, or certificate holder
shall not admit the person until the NRC has confirmed the person's
credentials. The applicant, licensee, or certificate holder shall
notify the Commission promptly, by telephone, whenever an IAEA
representative arrives at a facility or location without advance
notification. The applicant, licensee, or certificate holder shall also
contact the Commission, by telephone, within one hour with respect to
the credentials of any person who claims to be an IAEA representative
and shall accept written or electronic confirmation of the credentials
from the NRC. Confirmation may be requested through the NRC Operations
Center (commercial telephone number 301-816-5100).
(d) Each applicant, licensee, or certificate holder subject to the
provisions of this part shall allow the IAEA opportunity to conduct an
NRC-approved inspection or complementary access of the facility or
location to verify the information submitted under Sec. Sec. 75.10,
75.11, and 75.31 through 75.43. The NRC will assign an employee to
accompany IAEA representative(s) at all times during the inspection or
complementary access. The applicant, licensee, or certificate holder
may accompany IAEA representatives who inspect or access the facility
or location. The IAEA representatives should not be delayed or
otherwise impeded in the exercise of their duties.
(e) Each applicant, licensee, or certificate holder shall permit
the IAEA, in conducting an ad hoc, routine, or special inspection at a
facility, to:
(1) Examine records kept under Sec. 75.21;
(2) Observe that the measurements of nuclear material at key
measurement points for material balance accounting are representative;
(3) Verify the function and calibration of instruments and other
measurement control equipment;
(4) Observe that samples at key measurement points for material
balance accounting are taken in accordance with procedures that produce
representative samples, observe the treatment and analysis of the
samples, and obtain duplicates of these samples;
(5) Arrange to use the IAEA's own equipment for independent
measurement and surveillance; and
(6) Perform other measures requested by the IAEA and approved by
the NRC.
(f) Each applicant, licensee, or certificate holder shall, at the
request of an IAEA inspector during an ad hoc, routine, or special
inspection at a facility:
(1) Ship material accountancy samples taken for the IAEA's use, in
accordance with applicable packaging and export licensing regulations,
by the method of carriage and to the address specified by the
inspector; and
(2) Take other actions contemplated by the Safeguards Agreement,
and included in the safeguards approach approved by the United States
and the IAEA, including but not limited to the following examples:
(i) Enabling the IAEA to arrange to install its equipment for
measurement and surveillance;
(ii) Enabling the IAEA to apply its seals and other identifying and
tamper-indicating devices to containers;
(iii) Making additional measurements and taking additional samples
for the IAEA's use;
(iv) Analyzing the IAEA's standard analytical samples;
(v) Using appropriate standards in calibrating instruments and
other equipment; and
(vi) Carrying out other calibrations.
(g) Each applicant, licensee, or certificate holder shall permit
the IAEA, in conducting complementary access at a location, under the
provisions of the Additional Protocol and subsidiary arrangements, to:
(1) Perform visual observations and record observations as
photographs;
(2) Conduct environmental sampling, when authorized by the U.S.
Government;
(3) Use radiation detection and measurement devices;
(4) Apply seals and other identifying and tamper-indicating
devices;
(5) Perform nondestructive measurements and sampling;
(6) Examine records relevant to quantities, origin, and disposition
of materials to confirm the accuracy of the information provided under
Sec. 75.11;
(7) Examine safeguards-relevant production and shipping records;
and
(8) Other objective measures that have been demonstrated to be
technically feasible and the use of which has been agreed upon by the
IAEA Board of Governors and following consultations between the IAEA
and U.S. Government.
(h) Nothing in this section requires or authorizes an applicant,
licensee, or certificate holder to carry out any operation that would
otherwise constitute a violation of the terms of any applicable
license, regulation, or order of the Commission.
0
36. In Sec. 75.9, paragraphs (a) and (b), the introductory text to
paragraph (c) and paragraph (c)(1) are revised, and paragraph (c)(6) is
added to read as follows:
Sec. 75.9 Information collection requirements: OMB approval.
(a) The Nuclear Regulatory Commission, or another U.S. Government
agency, has submitted the information collection requirements contained
in this Part to the Office of Management and Budget (OMB) for approval
as required by the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
The NRC may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number. OMB has approved the information collection
requirements contained in this Part under control number 3150-0055.
(b) The approved information collection requirements contained in
this Part appear in Sec. Sec. 75.6, 75.7a, 75.10, 75.11, 75.21, 75.22,
75.23, 75.24, 75.31,
[[Page 78611]]
75.32, 75.33, 75.34, 75.35, 75.36, 75.43, 75.44, and 75.45.
(c) This Part contains information collection requirements in
addition to those approved under the control number specified in
paragraph (a) of this section. These information collection
requirements and the control numbers under which they are approved are
as follows:
(1) In Sec. 75.10, Form N-71 and associated forms are approved
under control number 3150-0056.
* * * * *
(6) In Sec. Sec. 75.10 and 75.11, DOC/NRC Forms AP-1, AP-A, and
associated forms are approved under control number 0694-0135.
0
37-38. The undesignated center heading ``Installation Information''
after Sec. 75.9 is revised and new Sec. 75.10 is added to read as
follows:
Facility and Location Information
Sec. 75.10 Facility information.
(a) Each applicant, licensee, or certificate holder subject to the
provisions of this Part shall submit facility information, in response
to written notification from the Commission, with respect to any
facility that the Commission indicates has been identified under the
Safeguards Agreement, the Initial Protocol to the Agreement, or meets
the Additional Protocol reporting criteria, and in which the applicant,
licensee, or certificate holder carries out licensed activities. (The
Commission request must state whether the facility has been identified
under Article 39(b) of the principal text of the Safeguards Agreement
or Article 2(a) of the Initial protocol.) The applicant, licensee, or
certificate holder shall submit the requested information to the
Commission within the period specified in the Commission's request.
(b) Facility information includes:
(1) The identification of the facility, stating its general
character, purpose, nominal capacity (thermal power level, in the case
of power reactors), and geographic location, and the name and address
to be used for routine purposes;
(2) A description of the general arrangement of the facility with
reference, to the extent feasible, to the form, location and flow of
nuclear material, and to the general layout of important items of
equipment which use, produce, or process nuclear material;
(3) A description of features of the facility relating to material
accounting, containment, and surveillance;
(4) A description of the existing and proposed procedures at the
facility for nuclear material accounting and control, with special
reference to material balance areas established by the licensee,
measurement of flow, and procedures for physical inventory taking (As
part of this description, the applicant, licensee, or certificate
holder may identify a process step involving information that it deems
to be commercially sensitive and for which it proposes that a special
material balance area be established so as to restrict IAEA access to
this information); and
(5) A map of the site and information on the size of the buildings
and on the general nature of the activities conducted in each building.
(c) Each licensee or certificate holder shall thereafter submit to
the Commission information with respect to any modification at the
facility affecting the information referred to in paragraph (a) of this
section. The following information must be submitted:
(1) Regarding a modification of a type described in the license or
certificate conditions: At least 180 days before the modification is
scheduled to be started, except that in an emergency or other
unforeseen situation a shorter period may be approved by the
Commission.
(2) Regarding any other modification relevant to the application of
the provisions of the Safeguards Agreement: At the time the first
inventory change report is submitted after the modification is
completed.
(d) The information specified in paragraphs (b) and (c) of this
section, except for the information specified in paragraph (b)(5) of
this section, must be prepared on IAEA approved Design Information
Questionnaire forms (Form N-71 and associated forms or other forms
supplied by the Commission). The information must be sufficiently
detailed to enable knowledgeable determinations to be made in the
development of Facility Attachments or amendments thereto, including:
(1) Identification of the features of facilities and nuclear
material relevant to the application of safeguards to nuclear material
in sufficient detail to facilitate verification;
(2) Determination of IAEA material balance areas to be used for
IAEA accounting purposes and selection of those strategic points which
are key measurement points and which will be used to determine flow and
inventory of nuclear material;
(3) Establishment of the nominal timing and procedures for taking
of physical inventories of nuclear material for IAEA accounting
purposes;
(4) Establishment of the records and reports requirements and
records evaluation procedures;
(5) Establishment of requirements and procedures for verification
of the quantity and location of nuclear material;
(6) Selection of appropriate combinations of containment and
surveillance methods and techniques at the strategic points at which
they are to be applied; and
(7) Information on organizational responsibility for material
accounting and control.
(e) Information specified in paragraph (b)(5) of this section must
be submitted as specified by instructions for DOC/NRC Form AP-A and
associated forms and shall contain a site map drawn to scale as an
attachment.
(f) The applicant's, licensee's, or certificate holder's security
rules for physical protection that will impact the IAEA inspectors at
the facility must be included in the facility information only when and
to the extent specifically requested by the Commission.
(g) Health and safety rules that are to be observed by the IAEA
inspectors at the facility must be included in the facility
information.
(h) Information must be provided on the need to manage IAEA access
to the facility to protect health and safety or to protect classified,
proprietary, or other sensitive information, and on other protective
measures that should be implemented should an IAEA access be requested.
0
39. Section 75.11 is revised to read as follows:
Sec. 75.11 Location information.
(a) As required by the Additional Protocol, each applicant,
licensee, or certificate holder shall submit location information to
the Commission as specified in the instructions for DOC/NRC Form AP-1
and associated forms.
(b) Location information includes:
(1) Nuclear fuel cycle-related research and development information
including a general description of the activity and information
specifying the location of the activity.
(2) Nuclear fuel cycle-related manufacturing or construction
information including a description of the scale of operations for the
activity.
(3) Uranium and thorium mine and concentration plant information
including information on the location, operational status, and the
estimated annual production capacity and current annual production of
the activity.
(4) Impure source material possession information including the
quantities, the chemical composition, and the use or intended use of
the material (e.g., nuclear or non-nuclear use).
(5) Imports and exports of source material for non-nuclear end uses
[[Page 78612]]
including the location, quantities, chemical compositions, and use of
the imported or exported material.
(6) IAEA-exempted and -terminated nuclear material information
including information regarding the quantities, uses, and location of
the nuclear material.
(7) Imports and exports of non-nuclear material and equipment
including the location, quantity and description of the materials and
equipment.
(c) Information specified in paragraphs (b)(1) through (b)(7) of
this section must be supplied as specified in the instructions for DOC/
NRC Form AP-1 and associated forms. The Information provided on DOC/NRC
Form AP-1 and associated forms must be submitted annually. If the
information has not changed, a ``No change'' report must be provided.
NRC should also be notified when the activity is no longer performed.
The annual report must be submitted by January 31 of each succeeding
year after the initial report. The initial report must be submitted no
later than 30 calendar days following the date of publication of this
rule.
(d) Information must be provided on the need to manage IAEA access
to the location to protect health and safety or to protect classified,
proprietary, or other sensitive information, and on other protective
measures that should be implemented should an IAEA access be requested.
0
40. In Sec. 75.12, paragraphs (a), (b), and (d) are revised to read as
follows:
Sec. 75.12 Reporting information to IAEA.
(a) Except as otherwise provided in this section, the Commission
will furnish to the IAEA all information submitted under Sec. Sec.
75.10, 75.11, and 75.31 through 75.43.
(b)(1) An applicant, licensee, or certificate holder may request
that information of particular sensitivity, that it customarily holds
in confidence, not be transmitted physically to the IAEA. An applicant,
licensee, or certificate holder who makes this request shall, at the
time the information is submitted, identify the pertinent document or
part thereof and make a full statement of the reasons supporting the
request. The applicant, licensee, or certificate holder shall retain a
copy of the request and all documents related to the request as a
record until the Commission terminates the license or certificate for
each facility or location involved with the request, or until the
Commission notifies the applicant, licensee, or certificate holder that
the applicant, licensee, or certificate holder is no longer under the
Safeguards Agreement. Superseded material must be retained for 3 years
after each change is made.
(2) In considering such a request, it is the policy of the
Commission to achieve an effective balance between legitimate concerns
of licensees, applicants, or certificate holders, including protection
of the competitive position of the owner of the information, and the
undertaking of the United States to cooperate with the IAEA to
facilitate the implementation of the safeguards provided for in the
Safeguards Agreement and Additional Protocol. The Commission will take
into account the obligation of the IAEA to take every precaution to
protect commercial and industrial secrets and other confidential
information coming to its knowledge in the implementation of the
Safeguards Agreement and Additional Protocol.
(3) A request made under Sec. 2.390 of this chapter will not be
treated as a request under this section unless the application makes
specific reference to this section, nor shall a determination to
withhold information from public disclosure necessarily require a
determination that such information not be transmitted physically to
the IAEA.
(4) If a request is granted, the Commission will determine a
location where the information will remain readily available for
examination by the IAEA and will so inform the applicant, licensee, or
certificate holder. The applicant, licensee, or certificate holder
shall retain this information as a record until the Commission
terminates the license or certificate for the facility involved with
the request or until the Commission notifies the applicant, licensee,
or certificate holder that the applicant, licensee, or certificate
holder is no longer under the Safeguards Agreement. Superseded material
must be retained for 3 years after each change is made.
* * * * *
(d) Where consistent with the Safeguards Agreement, the Commission
may at its own initiative, or at the request of a licensee, determine
that any information submitted under Sec. Sec. 75.10, and 75.11 shall
not be physically transmitted to, or made available for examination by,
the IAEA.
Sec. 75.13 [Removed]
0
41. Section 75.13 is removed.
Sec. 75.14 [Removed]
0
42. Section 75.14 is removed.
0
43-44. The undesignated center heading ``Material Accounting And
Control'' following Sec. 75.14 is revised and new Sec. 75.15 is added
to read as follows:
Material Accounting and Control for Facilities
Sec. 75.15 Facility attachments.
(a) The Facility Attachment or Transitional Facility Attachment
will document the determinations referred to in Sec. 75.10 and will
contain other appropriate provisions.
(b) The Commission will issue license or certificate amendments, as
necessary, to implement the Safeguards Agreement and the Facility
Attachment (as amended from time to time). The license or certificate
amendments through reference to the Facility Attachment or Transitional
Facility Attachment, or otherwise, will specify:
(1) IAEA material balance areas;
(2) Types of modifications for which information is required, under
Sec. 75.10, to be submitted in advance;
(3) Procedures, as referred to in Sec. 75.21;
(4) The extent to which isotopic composition must be included in
batch data (under Sec. 75.22) and advance notification (Sec. 75.45);
(5) Items to be reported in the concise notes accompanying
inventory change reports, as referred to in Sec. 75.34;
(6) Loss limits and changes in containment, as referred to in Sec.
75.36 (pertaining to special reports);
(7) Actions required to be taken under Sec. 75.8(f) at the request
of an IAEA inspector;
(8) Procedures to be used for documentation of requests under Sec.
75.46 (pertaining to expenses); and
(9) Other appropriate matters.
(c) The Commission will also issue license or certificate
amendments, as necessary, for implementing the Initial Protocol to the
Safeguards Agreement and the Transitional Facility Attachment (as
amended from time to time).
(d) License or certificate amendments will be made under the
Commission's rules of practice (part 2 of this chapter). Specifically,
if the licensee or certificate holder does not agree to an amendment,
an order modifying the license would be issued under Sec. 2.204 of
this chapter.
(e) Subject to constraints imposed by the Safeguards Agreement, the
Commission will afford the applicant, licensee, or certificate holder a
reasonable opportunity to participate in the development of the
Facility Attachment or Transitional Facility Attachment applicable to
the facility, and any amendments thereto, and to review and comment
upon any instrument before it has been agreed to by the United States.
The Commission will provide to the applicant, licensee, or certificate
holder a copy of any such
[[Page 78613]]
instrument that has been completed under the Safeguards Agreement.
(f) Locations reporting under the Additional Protocol, unless
located in a facility selected under Article 39(b) of the main text of
the Safeguards Agreement, do not have Facility Attachments or
Transitional Facility Attachments.
0
45. In Sec. 75.21, paragraphs (a) and (c) are revised to read as
follows:
Sec. 75.21 General requirements.
(a) Each licensee or certificate holder who has been given notice
by the Commission in writing that its facility has been identified
under the Safeguards Agreement shall establish, maintain, and follow
written material accounting and control procedures. The licensee or
certificate holder shall retain as a record current material accounting
and control procedures until the Commission terminates the license or
certificate for the facility involved with the request or until the
Commission notifies the licensee or certificate holder that the
licensee or certificate holder is no longer under the Safeguards
Agreement. Superseded material must be retained for 3 years after each
change is made.
* * * * *
(c)(1) The procedures must, unless otherwise specified in license
or certificate conditions, conform to the facility information
submitted by the licensee under Sec. 75.10.
(2) Until facility information has been submitted by the applicant,
licensee, or certificate holder, the procedures must be sufficient to
document changes in the quantity of nuclear material in or at its
facility. Observance of the procedures described in Sec. Sec. 40.61 or
74.15 of this chapter (or the corresponding provisions of the
regulations of an Agreement State) by any applicant, licensee, or
certificate holder subject thereto constitutes compliance with this
paragraph.
* * * * *
0
46. Section 75.31 is revised to read as follows:
Sec. 75.31 General requirements.
Each licensee or certificate holder who has been given notice by
the Commission in writing that its facility has been identified under
the Safeguards Agreement shall make, in an appropriate computer-
readable format, an initial inventory report, and thereafter shall make
accounting reports, with respect to the facility and, in addition,
licensees or certificate holders who have been given notice, under
Sec. 75.7 that their facilities are subject to the application of IAEA
safeguards, shall make the special reports described in Sec. 75.36.
These reports must be based on the records kept under Sec. 75.21. At
the request of the Commission, the licensee or certificate holder shall
amplify or clarify any report with respect to any matter relevant to
implementation of the Safeguards Agreement. Any amplification or
clarification must be in writing and must be submitted, to the address
specified in the request, within 20 days or other time as may be
specified by the Commission.
0
47. In Sec. 75.32, paragraph (b) is revised to read as follows:
Sec. 75.32 Initial inventory report.
* * * * *
(b) The initial inventory report, to be submitted to the Commission
as specified by the instructions (NUREG/BR-0007 and NMMSS Report D-24
``Personal Computer Data Input for NRC Licensees''), must show the
quantities of nuclear material contained in or at a facility as of the
initial inventory reporting date. The information in the initial
inventory report may be based upon the licensee's or certificate
holder's book record.
* * * * *
0
47. In Sec. 75.33, paragraph (a)(1) is revised to read as follows:
Sec. 75.33 Accounting reports.
(a)(1) The accounting reports for each IAEA material balance area
must consist of:
(i) Nuclear Material Transaction Reports (Inventory Change
Reports); and
(ii) Material status reports showing the material balance based on
a physical inventory of nuclear material actually present.
* * * * *
0
48. In Sec. 75.34, the introductory text of paragraph (b) and
paragraph (b)(2) are revised to read as follows:
Sec. 75.34 Inventory change reports.
* * * * *
(b) Nuclear Material Transactions Reports (Inventory Change
Reports), when appropriate, must be accompanied by Concise Notes,
completed as specified in the instructions (NUREG/BR-0006 and NMMSS
Report D-24 ``Personal Computer Data Input for NRC Licensees''). Copies
of these instructions may be obtained from the U.S. Nuclear Regulatory
Commission, Division of Fuel Cycle Safety and Safeguards, Washington,
DC 20555-0001. This Concise Note is used in:
* * * * *
(2) Describing, to the extent specified in the license conditions,
the anticipated operational program for the facility, including
particularly, but not exclusively, the schedule for taking physical
inventory.
0
47. In Sec. 75.35, paragraph (a) is revised to read as follows:
Sec. 75.35 Material status reports.
(a) A material status report must be submitted for each physical
inventory which is taken as part of the material accounting and control
procedures required by Sec. 75.21. The material status report must
include a material balance report and a physical inventory report which
lists all batches separately and specifies material identification and
batch data for each batch. When appropriate, the material status report
must be accompanied by a Concise Note. The reports described in this
section must be prepared and submitted in accordance with instructions
(NUREG/BR-0006, NUREG/BR-0007, and NMMSS Report D-24 ``Personal
Computer Data Input for NRC Licensees''). Copies of these instructions
may be obtained from the U.S. Nuclear Regulatory Commission, Division
of Fuel Cycle Safety and Safeguards, Washington, DC 20555-0001.
* * * * *
0
49. In Sec. 75.36, paragraph (a) is revised to read as follows:
Sec. 75.36 Special reports.
(a) This section applies only to licensees or certificate holders
who have been given notice under Sec. 75.7(b) that their facilities
are subject to the application of IAEA safeguards.
* * * * *
Sec. 75.37 [Removed]
0
50. Section 75.37 is removed.
Sec. 75.41 [Removed]
0
51. Section 75.41 is removed.
Sec. 75.42 [Removed]
0
52. Section 75.42 is removed.
0
53. A new undesignated center heading is added after Sec. 75.36 to
read as follows:
Advanced Notification and Expenses
0
54. In Sec. 75.43, paragraphs (a) and (d) are revised to read as
follows:
Sec. 75.43 Circumstances requiring advance notification.
(a) Each applicant, licensee, or certificate holder who has been
given notice under Sec. 75.7 shall give advance written notification
to the Commission regarding the international and domestic transfers
specified in this section.
* * * * *
[[Page 78614]]
(d) Domestic Transfers. Notification must be given regarding any
shipments of nuclear material (other than small quantities in the form
of samples containing less than 0.01 effective kilogram per sample) to
a non-eligible destination. As used in this paragraph, a non-eligible
destination means any destination in the United States other than a
facility on the Eligible Facilities List.
0
55. In Sec. 75.44, paragraph (a) is revised to read as follows:
Sec. 75.44 Timing of advance notification.
(a) Except as provided in paragraph (b) of this section,
notification to the Commission, when required by Sec. 75.43, must be
given:
(1) In the case of exports and domestic transfers, at least 20 days
in advance of the preparation of the nuclear material for shipment from
the facility.
(2) In the case of imports, at least 12 days in advance of the
unpacking of nuclear material at the facility.
* * * * *
0
56. In Sec. 75.45, paragraph (a) is revised to read as follows:
Sec. 75.45 Content of advance notification.
(a) The notifications required by Sec. 75.43 must include the
element weight of nuclear material being received or shipped, the
chemical composition and physical form, the isotopic composition (to
the extent specified by license conditions), the estimated date and
place at the reporting facility where the nuclear material is to be
unpackaged or prepared for shipment (and where the quantity and
composition can be verified), the applicable IAEA material balance area
at the reporting facility, the approximate number of items to be
received or shipped, and the probable dates of receipt or shipment. The
notification must indicate that the information is being supplied under
Sec. 75.43.
* * * * *
0
57. In Sec. 75.46, paragraphs (a) and (d) are revised to read as
follows:
Sec. 75.46 Expenses.
(a) Under the Safeguards Agreement, the IAEA undertakes to
reimburse an applicant, licensee, or certificate holder who has been
given notice under Sec. 75.7 for extraordinary expenses incurred as a
result of its specific request: Provided, That the IAEA has agreed in
advance to do so. The Safeguards Agreement also contemplates that, in
any case, the IAEA will reimburse an applicant, licensee, or
certificate holder for the cost of making additional measurements or
taking samples at the specific request of an IAEA inspector.
* * * * *
(d) The Commission will take appropriate action to assist the
applicant, licensee, or certificate holder regarding the reimbursement
of any expense which, under the Safeguards Agreement, is to be borne by
the IAEA.
0
58. Section 75.53, is revised to read as follows:
Sec. 75.53 Criminal penalties.
(a) Section 223 of the Atomic Energy Act of 1954, as amended,
provides for criminal sanctions for willful violation of, or conspiracy
to violate, any regulation issued under sections 161b., 161i., or 161o.
of the Act. For purposes of criminal sanctions under section 223, all
the regulations in Part 75 are issued under one or more of sections
161b., 161i., or 161o., except as provided in paragraphs (b) and (c) of
this section.
(b) The regulations in Part 75 that are not issued under sections
161b, 161i, or 161o for the purposes of section 223 are as follows:
Sec. Sec. 75.1, 75.2, 75.3, 75.4, 75.5, 75.7, 75.9, 75.12, 75.15,
75.46, 75.51, and 75.53.
(c) Any provision in Part 75 that implements 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,'' known as the ``Additional
Protocol,'' signed by the United States on June 12, 1998, is not issued
under sections 161b., 161i., or 161o, for the purposes of criminal
sanctions under section 223.
PART 76--CERTIFICATION OF GASEOUS DIFFUSION PLANTS
0
59. The authority citation for part 76 continues to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended, secs. 1312, 1701,
as amended, 106 Stat. 2932, 2951, 2952, 2953, 110 Stat. 1321-349 (42
U.S.C. 2201, 2297b-11, 2297f); secs. 201, as amended, 204, 206, 88
Stat. 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846). Sec.
234(a), 83 Stat. 444, as amended by Pub. L. 104-134, 110 Stat. 1321,
1321-349 (42 U.S.C. 2243(a)); sec. 1704, 112 Stat. 2750 (44 U.S.C.
3504 note).
Section 76.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42
U.S.C. 5851). Section 76.22 is also issued under sec. 193(f), as
amended, 104 Stat. 2835, as amended by Pub. L. 104-134, 110 Stat.
1321, 1321-349 (42 U.S.C. 2243(f)). Section 76.35(j) also issued
under sec. 122, 68 Stat. 939 (42 U.S.C. 2152).
0
60. In Sec. 76.35, paragraph (l) is revised to read as follows:
Sec. 76.35 Contents of application.
* * * * *
(l)(1) In response to a written request by the Commission, each
applicant for a certificate and each recipient of a certificate shall
submit facility information, as described in Sec. 75.10 of this
chapter, on Form N-71 and associated forms and site information on DOC/
NRC Form AP-A and associated forms;
(2) As required by the Additional Protocol, shall submit location
information described in Sec. 75.11 of this chapter on DOC/NRC Form
AP-1 and associated forms; and
(3) Shall permit verification thereof by the International Atomic
Energy Agency (IAEA); and shall take other action as may be necessary
to implement the US/IAEA Safeguards Agreement, as described in Part 75
of this chapter.
* * * * *
PART 95--FACILITY SECURITY CLEARANCE AND SAFEGUARDING OF NATIONAL
SECURITY INFORMATION AND RESTRICTED DATA
0
61. The authority citation for part 95 continues to read as follows:
Authority: Secs. 145, 161, 193, 68 Stat. 942, 948, as amended
(42 U.S.C. 2165, 2201); sec. 201, 88 Stat. 1242, as amended (42
U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); E.O.
10865, as amended, 3 CFR 1959-1963 Comp., p. 398 (50 U.S.C. 401,
note); E.O. 12829, 3 CFR, 1993 Comp., p. 570; E.O. 12958, as
amended, 3 CFR, 1995 Comp., p. 333, as amended by E.O. 13292, 3 CFR,
2004 Comp., p. 196; E.O. 12968, 3 CFR, 1995 Comp., p. 391.
0
62. In Sec. 95.36, paragraphs (a) and (b) are revised to read as
follows:
Sec. 95.36 Access by representatives of the International Atomic
Energy Agency or by participants in other international agreements.
(a) Based upon written disclosure authorization from the NRC Office
of Nuclear Material Safety and Safeguards that an individual is an
authorized representative of the International Atomic Energy Agency
(IAEA) or other international organization and that the individual is
authorized to make visits under an established agreement with the
United States Government, an applicant, licensee, certificate holder,
or other person subject to this part shall permit the individual (upon
presentation of the credentials specified in Sec. 75.8(c) of this
chapter and any other credentials identified in the disclosure
authorization) to have access to matter classified as National Security
Information that is relevant to the conduct of a visit or inspection. A
[[Page 78615]]
disclosure authorization under this section does not authorize a
licensee, certificate holder, or other person subject to this part to
provide access to Restricted Data.
(b) For purposes of this section, classified National Security
Information is relevant to the conduct of a visit or inspection if--
(1) In the case of a visit, this information is needed to verify
information according to Sec. 75.8 of this chapter; or
(2) In the case of an inspection, an inspector is entitled to have
access to the information under Sec. 75.8 of this chapter.
* * * * *
PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL
0
63. 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); sec. 1704, 112
Stat. 2750 (44 U.S.C. 3504 note); Energy Policy Act of 2005; Pub. L.
109-58, 119 Stat. 594 (2005).
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.).
0
64. Section 110.11 is revised to read as follows:
Sec. 110.11 Export of IAEA safeguards samples.
A person is exempt from the requirements for a license to export
special nuclear material set forth in sections 53 and 54d. of the
Atomic Energy Act and from the regulations in this Part to the extent
that the person exports special nuclear material in IAEA safeguards
samples, if the samples are exported under Sec. 75.8 of this chapter,
or a comparable Department of Energy order, and are in quantities not
exceeding a combined total of 100 grams of contained plutonium, U-233,
and U-235 per facility per year. This exemption does not relieve any
person from complying with Parts 71 or 73 of this chapter or any
Commission order under section 201(a) of the Energy Reorganization Act
of 1974 (42 U.S.C. 5841(a)).
0
65. Section 110.54 is added to read as follows:
Sec. 110.54 Reporting requirements.
(a) Reports of exports of nuclear facilities and equipment, nuclear
grade graphite for nuclear end use, and deuterium shipped during the
previous quarter must be submitted by licensees making exports under
the general license or specific license of this part by January 15,
April 15, July 15, and October 15 of each year on DOC/NRC Forms AP-A or
AP-1, and associated forms. The reports must contain information on all
nuclear facilities, equipment, and non-nuclear materials (nuclear grade
graphite for nuclear end use and deuterium) listed in Annex II of the
Additional Protocol.
(b) These required reports must be sent via facsimile to (202) 482-
1731, e-mailed to [email protected], or hand delivered or submitted by
courier to Bureau of Industry and Security, in hard copy, to the
following address: Treaty Compliance Division, Bureau of Industry and
Security, U.S. Department of Commerce, Attn: AP Reports, 14th Street
and Pennsylvania Avenue, NW., Room 4515, Washington, DC 20230.
Telephone: (202) 482-1001.
PART 150--EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN
AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274
0
66. 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); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504
note); sec. 651(e), Pub. L. 109-58, 119 Stat. 806-810 (42 U.S.C.
2014, 2021, 2021b, 2111).
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).
0
67. In Sec. 150.8, paragraph (c)(3) is added to read as follows:
Sec. 150.8 Information collection requirements: OMB approval.
* * * * *
(c) * * *
(3) In Sec. 150.17a, Form N-71 and associated forms are approved
under OMB control number 3150-0056 and DOC/NRC Forms AP-1 or AP-A and
associated forms are approved under OMB control number 0694-0135.
0
68. Section 150.17a is revised to read as follows:
Sec. 150.17a Compliance with requirements of US/IAEA Safeguards
Agreement.
(a) For purposes of this section, the terms facility, location, and
Eligible Facilities List have the meanings set forth in Sec. 75.4 of
this chapter.
(b) Each person who, under an Agreement State license, is
authorized to possess byproduct, source, or special nuclear material is
subject to the provisions of Part 75 of this chapter and shall comply
with its applicable provisions. However, regarding these persons, the
Commission will issue orders under section 274m of the Act instead of
making license amendments; and, to the extent Part 75 of this chapter
refers to license amendments and license conditions, these references
shall be deemed, for purposes of this paragraph, to refer to orders
under section 274m of the Act.
(c)(1) In response to a written request by the Commission, each
applicant for an Agreement State license or certificate, and each
recipient of an Agreement State license or certificate shall submit
facility information, as described in Sec. 75.10 of this chapter, on
Form N-71 and associated forms, and site information on DOC/NRC Form
AP-A and associated forms;
(2) As required by the Additional Protocol, shall submit location
information described in Sec. 75.11 of this chapter on DOC/NRC Form
AP-1 and associated forms; and
(3) Shall permit verification thereof by the International Atomic
Energy Agency (IAEA); and shall take other action as may be necessary
to implement the US/IAEA Safeguards Agreement, as described in Part 75
of this chapter.
(d) In response to a written request by the Commission, each
applicant for an Agreement State license or certificate, and each
recipient of an Agreement State license or certificate shall submit
facility information, as described in Sec. 75.10 of this chapter, on
Form N-71 and associated forms, and site information on DOC/NRC Form
AP-A and associated forms; shall submit location information described
in Sec. 75.11 of this chapter on DOC/NRC Form AP-1 or AP-A and
associated
[[Page 78616]]
forms; shall permit verification thereof by the International Atomic
Energy Agency (IAEA); and shall take other action as may be necessary
to implement the US/IAEA Safeguards Agreement, as described in Part 75
of this chapter.
Dated at Rockville, Maryland, this 8th day of December 2008.
For the Nuclear Regulatory Commission.
Martin J. Virgilio,
Acting Executive Director for Operations.
[FR Doc. E8-30054 Filed 12-19-08; 11:15 am]
BILLING CODE 7590-01-P