Export and Import of Nuclear Equipment and Material; Exports to Syria Embargoed, 29934-29936 [05-10391]
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29934
Federal Register / Vol. 70, No. 100 / Wednesday, May 25, 2005 / Rules and Regulations
each utility would have to pursue an
exemption.
Approval of the direct final rule will
eliminate this problem and is consistent
with previous NRC actions. Further, the
direct final rule will have no adverse
effect on public health and safety. This
direct final rule has no significant
identifiable impact or benefit on other
Government agencies. Based on this
discussion of the benefits and impacts
of the alternatives, the NRC concludes
that the requirements of the direct final
rule are commensurate with the NRC’s
responsibilities for public health and
safety and the common defense and
security. No other available alternative
is believed to be as satisfactory, and
thus, this action is recommended.
Regulatory Flexibility Certification
In accordance with the Regulatory
Flexibility Act of 1980 (5 U.S.C. 605(b)),
the NRC certifies that this rule will not,
if issued, have a significant economic
impact on a substantial number of small
entities. This direct final rule affects
only the licensing and operation of
nuclear power plants, independent
spent fuel storage facilities, and TN. The
companies that own these plants do not
fall within the scope of the definition of
‘‘small entities’’ set forth in the
Regulatory Flexibility Act or the Small
Business Size Standards set out in
regulations issued by the Small
Business Administration at 13 CFR part
121.
Backfit Analysis
The NRC has determined that the
backfit rule (10 CFR 50.109 or 10 CFR
72.62) does not apply to this direct final
rule because this amendment does not
involve any provisions that would
impose backfits as defined. Therefore, a
backfit analysis is not required.
Small Business Regulatory Enforcement
Fairness Act
In accordance with the Small
Business Regulatory Enforcement
Fairness Act of 1996, the NRC has
determined that this action is not a
major rule and has verified this
determination with the Office of
Information and Regulatory Affairs,
Office of Management and Budget.
Jkt 205001
1. The authority citation for Part 72
continues to read as follows:
I
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
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).
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).
2. In § 72.214, Certificate of
Compliance 1004 is revised to read as
follows:
§ 72.214 List of approved spent fuel
storage casks.
*
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.
16:21 May 24, 2005
PART 72—LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH-LEVEL
RADIOACTIVE WASTE, AND
REACTOR-RELATED GREATER THAN
CLASS C WASTE
I
List of Subjects In 10 CFR Part 72
VerDate jul<14>2003
For the reasons set out in the preamble
and under the authority of the Atomic
Energy Act of 1954, as amended; the
Energy Reorganization Act of 1974, as
amended; and 5 U.S.C. 552 and 553; the
NRC is adopting the following
amendments to 10 CFR Part 72.
I
*
*
*
*
Certificate Number: 1004
Initial Certificate Effective Date:
January 23, 1995
Amendment Number 1 Effective
Date: April 27, 2000
Amendment Number 2 Effective
Date: September 5, 2000
Amendment Number 3 Effective
Date: September 12, 2001
Amendment Number 4 Effective
Date: February 12, 2002
PO 00000
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Amendment Number 5 Effective
Date: January 7, 2004
Amendment Number 6 Effective
Date: December 22, 2003
Amendment Number 7 Effective
Date: March 2, 2004
Amendment Number 8 Effective
Date: August 8, 2005.
SAR Submitted by: Transnuclear, Inc.
SAR Title: Final Safety Analysis
Report for the Standardized NUHOMS
Horizontal Modular Storage System for
Irradiated Nuclear Fuel.
Docket Number: 72–1004.
Certificate Expiration Date: January
23, 2015.
Model Number: NUHOMS–24P,
–52B, –61BT, –32PT, –24PHB, and
–24PTH
*
*
*
*
*
Dated at Rockville, Maryland, this 6 day of
May, 2005.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. 05–10389 Filed 5–24–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 110
RIN 3150–AH67
Export and Import of Nuclear
Equipment and Material; Exports to
Syria Embargoed
Nuclear Regulatory
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: The Nuclear Regulatory
Commission (NRC) is amending its
export/import regulations to remove
Syria from the list of restricted
destinations and add it to the list of
embargoed destinations. This
amendment is necessary to conform the
NRC’s regulations with U.S. law and
foreign policy.
EFFECTIVE DATE: May 25, 2005.
ADDRESSES: Publicly available
documents related to this rulemaking
may be viewed electronically on the
public computers located at the NRC’s
Public Document Room (PDR), Public
File Area O1F21, One White Flint
North, 11555 Rockville Pike, Rockville,
Maryland. The PDR reproduction
contractor will copy documents for a
fee. Selected documents, including
comments can be viewed and
downloaded electronically via the
NRC’s rulemaking Web site at https://
ruleforum.llnl.gov.
Publicly available documents created
or received at the NRC are available
E:\FR\FM\25MYR1.SGM
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Federal Register / Vol. 70, No. 100 / Wednesday, May 25, 2005 / Rules and Regulations
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
NRC/reading-rm/adams.html. From this
site, the public can gain entry into the
NRC’s Agencywide Document Access
and Management System (ADAMS),
which provides text and image files of
NRC’s public documents. If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC
Public Document Room (PDR) Reference
staff at 1–800–397–4209, 301–415–4737
or by e-mail to PDR@nrc.gov.
FOR FURTHER INFORMATION CONTACT: Kirk
Foggie, International Relations
Specialist, Office of International
Programs, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone 301–415–2238, e-mail
kxf@nrc.gov, or Suzanne SchuylerHayes, International Policy Analyst,
Office of International Programs, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, telephone
301–415–2333, e-mail: ssh@nrc.gov.
SUPPLEMENTARY INFORMATION:
The purpose of this final rule is to
conform NRC’s export/import
regulations in 10 CFR Part 110, ‘‘Export
and Import of Nuclear Equipment and
Material’’, with current U.S.
Government law and policy on Syria.
The Executive Branch has requested
that in light of the Syria Accountability
and Lebanese Sovereignty Restoration
Act of 2003 (Pub. L. 108–175) (SAA)
and Executive Order (E.O.) 13338,
Blocking Property of Certain Persons
and Prohibiting the Export of Certain
Goods to Syria (May 11, 2004), which
implements that legislation, 10 CFR Part
110 be amended by moving Syria from
the restricted to the embargoed
destinations list.
The purpose of this rule is to move
Syria from the list of restricted
destinations for exports at 10 CFR
110.29 to the list of embargoed
destinations at 10 CFR 110.28. This
means that no nuclear material or
equipment can be exported to Syria
under a general license in 10 CFR
110.21–110.25.
Administrative Procedure Act
The provisions of the Administrative
Procedure Act under 5 U.S.C. 553
requiring notice of proposed
rulemaking, the opportunity for public
participation, and a 30-day delay in
effective date are inapplicable because
this rule involves a foreign affairs
function of the United States (5 U.S.C.
553(a)(1)). Accordingly, this final rule is
effective immediately upon publication
in the Federal Register.
This rule updates the NRC’s
regulations at 10 CFR Part 110
VerDate jul<14>2003
16:21 May 24, 2005
Jkt 205001
governing the export and import of
nuclear equipment and materials to
incorporate the U.S. Government’s
foreign policy in light of changing
circumstances with respect to Syria.
This rulemaking moves Syria from the
list of restricted destinations at 10 CFR
110.29 to the list of embargoed
destinations at 10 CFR 110.28. This
action is being taken at the request of
the Executive Branch.
After enactment of the SAA, on May
11, 2004, the President issued E.O.
13338, in which he determined that
‘‘the actions of the Government of Syria
in supporting terrorism, continuing its
occupation of Lebanon, pursuing
weapons of mass destruction and
missile programs, and undermining the
United States and international efforts
with respect to the stabilization and
reconstruction of Iraq constitute an
unusual and extraordinary threat to the
national security, foreign policy, and
economy of the United States,’’ and he
declared a national emergency to deal
with that threat. To address that threat,
and to implement the SAA, he ordered,
among other things, that ‘‘No * * *
agency of the United States Government
shall permit the exportation or
reexportation to Syria of any product of
the United States, except to the extent
provided in regulations, orders,
directives, or licenses that may be
issued pursuant to this order in a
manner consistent with the SAA, and
notwithstanding any license, permit, or
authorization granted prior to the
effective date of this order.’’ Section 1.c.
On this basis, the U.S. Department of
State recently requested that Syria be
moved from the list of restricted
destinations at 10 CFR 110.29 to the list
of embargoed destinations at 10 CFR
110.28. The effect of moving Syria from
10 CFR 110.29 to 10 CFR 110.28 will be
to prohibit the export of any nuclear
material and components to Syria under
general license.
The NRC has determined that moving
Syria from the restricted list to the
embargoed list is consistent with
current U.S. law and foreign policy, and
will pose no unreasonable risk to the
public health and safety or to the
common defense and security of the
United States.
Voluntary Consensus Standards
The National Technology Transfer
and Advancement Act of 1995, Pub. L.
104–113, requires that Federal Agencies
use technical standards that are
developed or adopted by voluntary
consensus standards bodies unless
using such a standard is inconsistent
with applicable law or otherwise
impractical. This final rule does not
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29935
constitute the establishment of a
standard for which the use of a
voluntary consensus standard would be
applicable.
Environmental Impact: Categorical
Exclusion
The NRC has determined that this
final rule is the type of action described
in categorical exclusion 10 CFR
51.22(c)(1). Therefore, neither an
environmental impact statement nor an
environmental assessment has been
prepared for the rule.
Paperwork Reduction Act Statement
This final rule does not contain new
or amended information collection
requirements subject to the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et. seq.). Existing requirements were
approved by the Office of Management
and Budget, approval number 3150–
0036.
Public Protection Notification
If a means used to impose an
information collection does not display
a current valid OMB control number,
the NRC may not conduct or sponsor,
and a person is not required to respond
to, the information collection.
Regulatory Analysis
The NRC currently controls exports to
Syria as a restricted destination in 10
CFR 110.29. There is no alternative to
amending the regulations to achieve the
stated objective of embargoing nuclear
exports to Syria. This rule conforms the
NRC’s export controls to U.S. law and
foreign policy regarding Syria.
Regulatory Flexibility Certification
As required by the Regulatory
Flexibility Act of 1980, (5 U.S.C.
605(b)), the Commission certifies that
this final rule will not have a significant
economic impact on a substantial
number of small entities. The rule
affects only companies exporting
nuclear equipment and materials to
Syria which do not fall within the scope
of the definition of ‘‘small entities’’ set
forth in the Regulatory Flexibility Act (5
U.S.C. 601(3)), or the Size Standards
established by the NRC (10 CFR 2.810).
Backfit Analysis
The NRC has determined that a
backfit analysis is not required for this
direct final rule because these
amendments do not include any
provisions that would impose backfits
as defined in 10 CFR Chapter I.
Small Business Regulatory Enforcement
Fairness Act
In accordance with the Small
Business Regulatory Enforcement
E:\FR\FM\25MYR1.SGM
25MYR1
29936
Federal Register / Vol. 70, No. 100 / Wednesday, May 25, 2005 / Rules and Regulations
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.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director For Operations.
[FR Doc. 05–10391 Filed 5–24–05; 8:45 am]
BILLING CODE 7590–01–P
List of Subjects in 10 CFR Part 110
Administrative practice and
procedure, Classified information,
Criminal penalties, Export, Import,
Intergovernmental relations, Nuclear
materials, Nuclear power plants and
reactors, Reporting and recordkeeping
requirements, Scientific equipment.
I For the reasons set out in the preamble
and under the authority of the Atomic
Energy Act of 1954, as amended, the
Energy Reorganization Act of 1974, as
amended, and 5 U.S.C. 552 and 553, the
NRC is adopting the following
amendments to 10 CFR Part 110.
PART 110—EXPORT AND IMPORT OF
NUCLEAR EQUIPMENT AND
MATERIAL
1. The authority citation for Part 110
continues to read as follows:
I
Authority: Secs. 51, 53, 54, 57, 63, 64, 65,
81, 82, 103, 104, 109, 111, 126, 127, 128, 129,
161, 181, 182, 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).
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
110.30–110.135 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.).
§ 110.28
[Amended]
2. Section 110.28 is amended by
adding Syria to the list of embargoed
destinations.
§ 110.29
[Amended]
3. Section 110.29 is amended by
removing Syria from the list of restricted
destinations.
Dated at Rockville, Maryland, this May 3,
2005.
VerDate jul<14>2003
16:21 May 24, 2005
Jkt 205001
SMALL BUSINESS ADMINISTRATION
13 CFR Parts 102 and 134
RIN 3245–AF36
Office of Hearings & Appeals and
Freedom of Information Act and
Privacy Acts Office; Address Change
U.S. Small Business
Administration (SBA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: The Office of Hearings and
Appeals (OHA) and Freedom of
Information Act and Privacy Acts Office
(FOI/PA) are amending their regulations
to reflect a change in their address. This
action is technical in nature and is
intended to improve the accuracy of the
Agency’s regulations.
DATES: This rule is effective July 11,
2005 without further action, unless
adverse comment is received by June 24,
2005. If the adverse comment is
received, SBA will publish a timely
withdrawal of the rule in the Federal
Register.
You may submit comments,
identified by the RIN number 3245AF36, by any of the following methods:
(1) Federal rulemaking portal at https://
www.regulations.gov; (2) Agency Web
site: https://www.sba.gov/; (3) E-mail:
delorice.ford@sba.gov; (4) Mail to:
Delorice Price Ford, Assistant
Administrator, Office of Hearings &
Appeals, 409 3rd Street, SW.,
Washington, DC 20416; and (5) Hand
Delivery/Courier: 409 3rd Street, SW.,
Washington, DC 20416.
FOR FURTHER INFORMATION CONTACT:
Delorice Price Ford, Assistant
Administrator, Office of Hearings &
Appeals, 409 3rd Street, SW.,
Washington, DC 20416, (202) 401–8200,
or by e-mail at delorice.ford@sba.gov.
SUPPLEMENTARY INFORMATION: OHA and
FOI/PA are amending their regulations
in 13 CFR parts 102 and 134 to reflect
a change in its address. The current
address listed in the above regulations
is 409 3rd Street, SW., Suite 5900,
Washington, DC 20416. The new
address deletes the suite number, but
the street address remains the same: 409
3rd Street, SW., Washington, DC 20416.
Publication of this document
constitutes final action on these changes
under the Administrative Procedure Act
ADDRESSES:
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
(5 U.S.C. 553). Notice and public
procedure are unnecessary because
OHA and FOI/PA are merely correcting
nonsubstantive errors.
SBA is publishing this rule as a direct
final rule because it believes the rule is
non-controversial since it merely
conforms with SBA rules to express a
change in address for service to OHA
and FOI/PA. As explained in the
previous paragraph, this is beneficial to
parties that have dealings with OHA
and FOI/PA. SBA believes that this
direct final rule will not elicit any
significant adverse comments. However,
if adverse comments are received, SBA
will publish a timely notice of
withdrawal in the Federal Register.
Compliance With Executive Orders
13132, 12988 and 12866, the Regulatory
Flexibility Act (5 U.S.C. 601–612, and
the Paperwork Reduction Act (44
U.S.C. Ch. 35)
This regulation will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, for the
purposes of Executive Order 13132,
SBA determines that this direct final
rule has no federalism implications
warranting preparation of a federalism
assessment.
The Office of Management and Budget
(OMB) has determined that this rule
does not constitute a significant
regulatory action under Executive Order
12866.
This action meets applicable
standards set forth in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil
Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden. The action does not have
retroactive or preemptive effect.
SBA has determined that this direct
final rule does not impose additional
reporting or recordkeeping requirements
under the Paperwork Reduction Act, 44
U.S.C. Chapter 35.
The Regulatory Flexibility Act (RFA),
5 U.S.C. 601, requires administrative
agencies to consider the effect of their
actions on small entities, small nonprofit enterprises, and small local
governments. Pursuant to the RFA,
when an agency issues a rulemaking,
the agency must prepare a regulatory
flexibility analysis which describes the
impact of the rule on small entities.
However, section 605 of the RFA allows
an agency to certify a rule, in lieu of
preparing an analysis, if the rulemaking
is not expected to have a significant
economic impact on a substantial
number of small entities. Within the
E:\FR\FM\25MYR1.SGM
25MYR1
]]>Agencies
[Federal Register Volume 70, Number 100 (Wednesday, May 25, 2005)]
[Rules and Regulations]
[Pages 29934-29936]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10391]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 110
RIN 3150-AH67
Export and Import of Nuclear Equipment and Material; Exports to
Syria Embargoed
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
export/import regulations to remove Syria from the list of restricted
destinations and add it to the list of embargoed destinations. This
amendment is necessary to conform the NRC's regulations with U.S. law
and foreign policy.
EFFECTIVE DATE: May 25, 2005.
ADDRESSES: Publicly available documents related to this rulemaking may
be viewed electronically on the public computers located at the NRC's
Public Document Room (PDR), Public File Area O1F21, One White Flint
North, 11555 Rockville Pike, Rockville, Maryland. The PDR reproduction
contractor will copy documents for a fee. Selected documents, including
comments can be viewed and downloaded electronically via the NRC's
rulemaking Web site at https://ruleforum.llnl.gov.
Publicly available documents created or received at the NRC are
available
[[Page 29935]]
electronically at the NRC's Electronic Reading Room at https://
www.nrc.gov/NRC/reading-rm/adams.html. From this site, the public can
gain entry into the NRC's Agencywide Document Access and Management
System (ADAMS), which provides text and image files of NRC's public
documents. If you do not have access to ADAMS or if there are problems
in accessing the documents located in ADAMS, contact the NRC Public
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737 or
by e-mail to PDR@nrc.gov.
FOR FURTHER INFORMATION CONTACT: Kirk Foggie, International Relations
Specialist, Office of International Programs, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, telephone 301-415-2238, e-mail
kxf@nrc.gov, or Suzanne Schuyler-Hayes, International Policy Analyst,
Office of International Programs, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone 301-415-2333, e-mail: ssh@nrc.gov.
SUPPLEMENTARY INFORMATION:
The purpose of this final rule is to conform NRC's export/import
regulations in 10 CFR Part 110, ``Export and Import of Nuclear
Equipment and Material'', with current U.S. Government law and policy
on Syria. The Executive Branch has requested that in light of the Syria
Accountability and Lebanese Sovereignty Restoration Act of 2003 (Pub.
L. 108-175) (SAA) and Executive Order (E.O.) 13338, Blocking Property
of Certain Persons and Prohibiting the Export of Certain Goods to Syria
(May 11, 2004), which implements that legislation, 10 CFR Part 110 be
amended by moving Syria from the restricted to the embargoed
destinations list.
The purpose of this rule is to move Syria from the list of
restricted destinations for exports at 10 CFR 110.29 to the list of
embargoed destinations at 10 CFR 110.28. This means that no nuclear
material or equipment can be exported to Syria under a general license
in 10 CFR 110.21-110.25.
Administrative Procedure Act
The provisions of the Administrative Procedure Act under 5 U.S.C.
553 requiring notice of proposed rulemaking, the opportunity for public
participation, and a 30-day delay in effective date are inapplicable
because this rule involves a foreign affairs function of the United
States (5 U.S.C. 553(a)(1)). Accordingly, this final rule is effective
immediately upon publication in the Federal Register.
This rule updates the NRC's regulations at 10 CFR Part 110
governing the export and import of nuclear equipment and materials to
incorporate the U.S. Government's foreign policy in light of changing
circumstances with respect to Syria. This rulemaking moves Syria from
the list of restricted destinations at 10 CFR 110.29 to the list of
embargoed destinations at 10 CFR 110.28. This action is being taken at
the request of the Executive Branch.
After enactment of the SAA, on May 11, 2004, the President issued
E.O. 13338, in which he determined that ``the actions of the Government
of Syria in supporting terrorism, continuing its occupation of Lebanon,
pursuing weapons of mass destruction and missile programs, and
undermining the United States and international efforts with respect to
the stabilization and reconstruction of Iraq constitute an unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States,'' and he declared a national emergency to
deal with that threat. To address that threat, and to implement the
SAA, he ordered, among other things, that ``No * * * agency of the
United States Government shall permit the exportation or reexportation
to Syria of any product of the United States, except to the extent
provided in regulations, orders, directives, or licenses that may be
issued pursuant to this order in a manner consistent with the SAA, and
notwithstanding any license, permit, or authorization granted prior to
the effective date of this order.'' Section 1.c. On this basis, the
U.S. Department of State recently requested that Syria be moved from
the list of restricted destinations at 10 CFR 110.29 to the list of
embargoed destinations at 10 CFR 110.28. The effect of moving Syria
from 10 CFR 110.29 to 10 CFR 110.28 will be to prohibit the export of
any nuclear material and components to Syria under general license.
The NRC has determined that moving Syria from the restricted list
to the embargoed list is consistent with current U.S. law and foreign
policy, and will pose no unreasonable risk to the public health and
safety or to the common defense and security of the United States.
Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995, Pub.
L. 104-113, requires that Federal Agencies use technical standards that
are developed or adopted by voluntary consensus standards bodies unless
using such a standard is inconsistent with applicable law or otherwise
impractical. This final rule does not constitute the establishment of a
standard for which the use of a voluntary consensus standard would be
applicable.
Environmental Impact: Categorical Exclusion
The NRC has determined that this final rule is the type of action
described in categorical exclusion 10 CFR 51.22(c)(1). Therefore,
neither an environmental impact statement nor an environmental
assessment has been prepared for the rule.
Paperwork Reduction Act Statement
This final rule does not contain new or amended information
collection requirements subject to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et. seq.). Existing requirements were approved by the
Office of Management and Budget, approval number 3150-0036.
Public Protection Notification
If a means used to impose an information collection does not
display a current valid OMB control number, the NRC may not conduct or
sponsor, and a person is not required to respond to, the information
collection.
Regulatory Analysis
The NRC currently controls exports to Syria as a restricted
destination in 10 CFR 110.29. There is no alternative to amending the
regulations to achieve the stated objective of embargoing nuclear
exports to Syria. This rule conforms the NRC's export controls to U.S.
law and foreign policy regarding Syria.
Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980, (5 U.S.C.
605(b)), the Commission certifies that this final rule will not have a
significant economic impact on a substantial number of small entities.
The rule affects only companies exporting nuclear equipment and
materials to Syria which do not fall within the scope of the definition
of ``small entities'' set forth in the Regulatory Flexibility Act (5
U.S.C. 601(3)), or the Size Standards established by the NRC (10 CFR
2.810).
Backfit Analysis
The NRC has determined that a backfit analysis is not required for
this direct final rule because these amendments do not include any
provisions that would impose backfits as defined in 10 CFR Chapter I.
Small Business Regulatory Enforcement Fairness Act
In accordance with the Small Business Regulatory Enforcement
[[Page 29936]]
Fairness Act of 1996, the NRC has determined that this action is not a
major rule and has verified this determination with the Office of
Information and Regulatory Affairs of OMB.
List of Subjects in 10 CFR Part 110
Administrative practice and procedure, Classified information,
Criminal penalties, Export, Import, Intergovernmental relations,
Nuclear materials, Nuclear power plants and reactors, Reporting and
recordkeeping requirements, Scientific equipment.
0
For the reasons set out in the preamble and under the authority of the
Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of
1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the
following amendments to 10 CFR Part 110.
PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL
0
1. The authority citation for Part 110 continues to read as follows:
Authority: Secs. 51, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104,
109, 111, 126, 127, 128, 129, 161, 181, 182, 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).
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 110.30-110.135 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.).
Sec. 110.28 [Amended]
2. Section 110.28 is amended by adding Syria to the list of
embargoed destinations.
Sec. 110.29 [Amended]
3. Section 110.29 is amended by removing Syria from the list of
restricted destinations.
Dated at Rockville, Maryland, this May 3, 2005.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director For Operations.
[FR Doc. 05-10391 Filed 5-24-05; 8:45 am]
BILLING CODE 7590-01-P
