Revision of NRC Form 7, Application for NRC Export/Import License, Amendment, or Renewal, 19102-19104 [06-3551]
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19102
Federal Register / Vol. 71, No. 71 / Thursday, April 13, 2006 / Rules and Regulations
such as parasitic plants, pathogens,
insects, snails, mites; and
(vii) At the time of importation, the
shipment is sent to either the Plant
Germplasm Quarantine Center in
Beltsville, MD, or a port of entry listed
in § 319.37–14(b) and designated by an
asterisk.
(Approved by the Office of Management and
Budget under control number 0579–0285)
Done in Washington, DC, this 6th day of
April 2006.
Charles D. Lambert,
Acting Under Secretary for Marketing and
Regulatory Programs.
[FR Doc. 06–3554 Filed 4–12–06; 8:45 am]
BILLING CODE 3410–34–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 110
RIN 3150–AH89
Revision of NRC Form 7, Application
for NRC Export/Import License,
Amendment, or Renewal
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
HSRObinson on PROD1PC61 with RULES
AGENCY:
SUMMARY: The Nuclear Regulatory
Commission (NRC) is amending its
regulations that govern the export and
import of nuclear material and
equipment concerning the use of NRC
Form 7, ‘‘Application for NRC Export/
Import License, Amendment, or
Renewal.’’ Recently, the Commission
revised NRC Form 7 to consolidate all
license requests (i.e., applications for
export, import, combined export/
import, amendments and renewals) in
one application form. Previously, NRC
Form 7 was used only for applications
for export of nuclear material and
equipment. Import license applications,
production or utilization facility export
applications, and license amendment
and renewal applications were filed by
letter. As a result of the revision, these
requests previously made by letter, now
will be made using NRC Form 7. The
purpose of this change is to amend the
regulations that govern export and
import of nuclear material and
equipment to reflect that all license
requests are to be made using NRC Form
7, as revised.
DATES: The final rule will become
effective June 27, 2006, unless a
significant adverse comment on the
direct final rule is received by May 15,
2006. If the rule is withdrawn as a result
of such a comment, timely notice of the
withdrawal will be published in the
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Federal Register. Comments received
after May 15, 2006 will be considered if
it is practical to do so, but the NRC is
able to ensure only that comments
received on or before this date will be
considered.
ADDRESSES: You may submit comments
by any one of the following methods.
Please include the following number
RIN 3150–AH89 in the subject line of
your comments. Comments on
rulemakings submitted in writing or in
electronic form will be made available
for public inspection. Because your
comments will not be edited to remove
any identifying or contact information,
the NRC cautions you against including
personal information such as social
security numbers and birth dates in
your submissions.
Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
E-mail comments to: SECY@nrc.gov. If
you do not receive a reply e-mail
confirming that we have received your
comments, contact us directly at (301)
415–1966. You may also submit
comments via the NRC’s rulemaking
Web site at https://ruleforum.llnl.gov.
Address questions about our rulemaking
Web site to Carol Gallagher (301) 415–
5905; e-mail CAG@nrc.gov. Comments
also can be submitted via the Federal
eRulemaking Portal https://
regulations.gov.
Hand deliver comments to: 11555
Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m.
on Federal workdays.
Fax comments to: Secretary, U.S.
Nuclear Regulatory Commission at (301)
415–1101.
Publicly available documents related
to this rulemaking may be 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. Selected
documents, including comments, may
be viewed and downloaded
electronically via the NRC rulemaking
Web site at https://ruleforum.llnl.gov.
Publicly available documents created
or received at the NRC after November
1, 1999, are available 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
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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:
Brooke G. Smith, International Policy
Analyst, Office of International
Programs, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone (301) 415–2347, e-mail
bgs@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. The Direct Final Rule Process
This direct final rule amends 10 CFR
part 110 to reflect revisions made to
NRC Form 7 regarding the method for
filing import and export license
requests. All licensing requests, i.e.,
exports, imports, combined export/
import, amendment, and renewal
applications will be made using revised
NRC Form 7. Import license
applications, production or utilization
facility export license applications, and
import/export license amendment and
renewal applications will no longer be
filed by letter. This direct final rule
codifies the revisions to NRC Form 7 in
10 CFR part 110.
Because the NRC believes that this
action is not controversial, the NRC is
using the direct final rule process for
this rule. The direct final rule will
become effective on June 27, 2006.
However, if the NRC receives a
significant adverse comment on this
direct final rule by May 15, 2006, the
NRC will publish a document that
withdraws this action. In that event, the
comments received in response to these
amendments would then be considered
as comments on the companion
proposed rule published elsewhere in
this Federal Register. The comments
will be addressed in a later final rule
based on that proposed rule. Unless the
modifications to the proposed rule are
significant enough to require that it be
republished as a proposed rule, the NRC
will not initiate a second comment
period on this action.
A significant adverse comment is a
comment where the commenter
explains why the rule would be
inappropriate, including challenges to
the rule’s underlying premise or
approach, or would be ineffective or
unacceptable without a change. A
comment is adverse and significant if:
(1) The comment opposes the rule and
provides a reason sufficient to require a
substantive response in a notice-andcomment process. For example, a
substantive response is required when:
(a) The comment causes the NRC staff
to reevaluate (or reconsider) its position
or conduct additional analysis;
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Federal Register / Vol. 71, No. 71 / Thursday, April 13, 2006 / Rules and Regulations
HSRObinson on PROD1PC61 with RULES
(b) The comment raises an issue
serious enough to warrant a substantive
response to clarify or complete the
record; or
(c) The comment raises a relevant
issue that was not previously addressed
or considered by the NRC staff.
(2) The comment proposes a change
or an addition to the rule, and it is
apparent that the rule would be
ineffective or unacceptable without
incorporation of the change or addition.
(3) The comment causes the staff to
make a change (other than editorial) to
the rule.
II. Background
The NRC is amending its regulations
under 10 CFR part 110 concerning the
use of NRC Form 7. NRC Form 7,
‘‘Application for Export of Nuclear
Material and Equipment’’ is being
revised as NRC Form 7, ‘‘Application for
NRC Export/Import License,
Amendment or Renewal.’’ All licensing
requests (i.e., exports, imports,
combined export/import, amendment,
and renewal applications) will be made
using revised NRC Form 7.
Previously, NRC Form 7 was used
only for applications for export of
nuclear material and equipment. Import
license applications and production or
utilization facility export applications
were filed by letter under 10 CFR
110.31(c) (OMB Clearance Number
3150–0036). Section 110.31(c) is
amended to require import license
applications and production and
utilization facility export applications to
be filed using revised NRC Form 7.
Previously, applications for export/
import license amendments and license
renewals were filed by letter under 10
CFR 110.51(a) (OMB Clearance Number
3150–0036). Section 110.51(a) is
amended to require applications for
license amendments and license
renewals to be filed using NRC revised
Form 7.
This direct final rule, by revising the
method of filing license applications for
import licenses, production and
utilization export licenses, and import/
export license amendment and renewal
requests, will eliminate the burden
under the Paperwork Reduction Act to
those applicants and licensees
previously filing applications under 10
CFR part 110 (OMB Clearance No.
3150–0036) and transfers that burden to
the NRC Form 7 (OMB Clearance No.
3150–0027). Sections 110.7(b) and (c)
are amended by this direct final rule to
reflect this change.
Below is a summary of the type of
information required in NRC Form 7, as
revised. NRC Form 7 is divided into five
parts. Part A is for the NRC’s internal
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use. Part B must be completed by all
applicants and requires that the
applicant provide its name, contact,
physical address, phone number, type of
licensing action, first and last shipment
date, and proposed expiration date. Part
C must be completed for export or
combined export/import licenses,
amendments, or renewal requests. The
type of information required in Part C
includes names and addresses of
suppliers and other parties to the
export, names and addresses of
intermediate and ultimate locations,
type of licensing action, functions to be
performed, physical addresses where
correspondence should be sent, and
where exports could be inspected. Part
C also requires a description of key
characteristics including physical and
chemical forms of the radioactive
materials, sealed sources, nuclear
facilities, equipment, or components.
The maximum total volume, element
weight, or total activity also must be
provided. Part D must be completed for
import or combined export/import
licenses, amendments, or renewal
requests. It requires information similar
to that required in Part C; however, Part
D also requires that the applicant
provide the NRC or Agreement State
Materials License number(s) including
the expiration date(s) for each U.S.
consignee. Part E must be completed by
all applicants. In Part E, the applicant
must verify whether domestic
recipients’ authorizations required for
Appendix P materials are included with
the application. The applicant also must
provide a signature certification that all
information in the application is
prepared in conformity with 10 CFR
part 110, and that all information
provided is correct to the best of the
applicant’s knowledge.
The NRC has determined that this
rule will pose no unreasonable risk to
the public health and safety or the
common defense and security.
Plain Language
The Presidential memorandum ‘‘Plain
Language in Government Writing’’
published June 10, 1998 (63 FR 31883)
directed that the Government’s
documents be in clear and accessible
language. The NRC requests comments
on the direct final rule specifically with
respect to the clarity and effectiveness
of the language used. Comments should
be sent to the NRC as explained in the
ADDRESSES caption of this notice.
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
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19103
developed or adopted by voluntary
consensus standards bodies unless
using such a standard is inconsistent
with applicable law or otherwise
impractical. This direct final rule does
not constitute the establishment of a
standard for which the use of a
voluntary consensus standard would be
applicable. The NRC is amending 10
CFR part 110 to require all applications
for export, import, combined export/
import, amendments and renewals to be
submitted using NRC Form 7.
Environmental Impact: Categorical
Exclusion
The NRC has determined that this
direct final rule is the type of action
described in categorical exclusion 10
CFR 51.22(c)(1). Therefore, neither an
environmental impact statement nor an
environmental assessment has been
prepared for this direct final rule.
Paperwork Reduction Act Statement
This direct final rule amends
information collection requirements that
are subject to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
These requirements were approved by
the Office of Management and Budget
(OMB), clearance numbers 3150–0027
and 3150–0036. The rule transfers
existing information collection
requirements to process license requests
that previously were filed by letter from
10 CFR part 110 (OMB Clearance No.
3150–0036) to NRC Form 7 (OMB
Clearance No. 3150–0027). There is no
change in burden to each respondent of
an average 2.4 hours to complete the
application because respondents only
complete applicable sections of NRC
Form 7, depending on the nature of the
license request. Send comments on any
aspect of these information collections,
including suggestions for further
reducing the burden, to the Records and
FOIA/Privacy Services Branch (T–5
F52), U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, or by Internet electronic mail at
BJS1@NRC.GOV; and to the Desk
Officer, Office of Information and
Regulatory Affairs, NEOB–10202,
(3150–0027 and 3150–0036), Office of
Management and Budget, Washington,
DC 20503.
Public Protection Notification
The NRC may not conduct or sponsor,
and a person is not required to respond
to, a request for information or an
information collection requirement
unless the requesting document
displays a currently valid OMB control
number.
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19104
Federal Register / Vol. 71, No. 71 / Thursday, April 13, 2006 / Rules and Regulations
Regulatory Analysis
A regulatory analysis has not been
prepared for this direct final rule
because this rule is considered a minor,
nonsubstantive amendment; it has no
economic impact on NRC licensees or
the public. The NRC has sole control of
10 CFR part 110 and NRC Form 7. There
is no alternative to amending the
regulations at 10 CFR part 110 to reflect
changing circumstances.
Regulatory Flexibility Certification
As required by the Regulatory
Flexibility Act of 1980 (5 U.S.C. 605(b)),
the Commission certifies that this direct
final rule does not have a significant
economic impact on a substantial
number of small entities. This minor,
non-substantive amendment merely
changes the method of filing certain
license applications. As such, it has no
economic impact on NRC licensees or
the public.
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
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 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.
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.
HSRObinson on PROD1PC61 with RULES
PART 110—EXPORT AND IMPORT OF
NUCLEAR EQUIPMENT AND
MATERIAL
1. The authority citation for part 110
is revised to read as follows:
I
Authority: Secs. 51, 53, 54, 57, 63, 64, 65,
81, 82, 103, 104, 109, 111, 126, 127, 128, 129,
134, 161, 170H., 181, 182, 187, 189, 68 Stat.
929, 930, 931, 932, 933, 936, 937, 948, 953,
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14:13 Apr 12, 2006
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954, 955, 956, as amended (42 U.S.C. 2071,
2073, 2074, 2077, 2092–2095, 2111, 2112,
2133, 2134, 2139, 2139a, 2141, 2154–2158,
2160d., 2201, 2210h., 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.).
2. In § 110.7, paragraphs (b) and (c)(1)
are revised to read as follows:
I
§ 110.7 Information collection
requirements: OMB approval.
*
*
*
*
*
(b) The approved information
collection requirements contained in
this part appear in §§ 110.7a, 110.23,
110.26, 110.27, 110.32, 110.50, 110.52,
and 110.53.
(c) * * *
(1) In §§ 110.19, 110.20, 110.21,
110.22, 110.23, 110.31, 110.32, and
110.51, NRC Form 7 is approved under
control number 3150–0027.
*
*
*
*
*
I 3. In § 110.31, paragraph (c) is revised
to read as follows:
§ 110.31
Application for a specific license.
*
*
*
*
*
(c) Applications for an export, import,
combined export/import, amendment or
renewal licenses under 10 CFR Part 110
shall be filed on NRC Form 7.
*
*
*
*
*
I 4. In § 110.51, paragraph (a) is revised
to read as follows:
§ 110.51 Amendment and renewal of
licenses.
(a) A licensee shall submit an
application to renew a license or to
amend a license on a completed NRC
Form 7.
*
*
*
*
*
Dated at Rockville, Maryland, this 7th day
of March, 2006.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. 06–3551 Filed 4–12–06; 8:45 am]
BILLING CODE 7590–01–P
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2004–19680; Directorate
Identifier 2003–NM–215–AD; Amendment
39–14558; AD 2006–08–04]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 767 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
Boeing Model 767 airplanes. This AD
requires performing a test of the
bonding resistance between the engine
fuel feed tube fitting and the front spar,
applying sealant on a hex nut inside the
dry bay, and performing any applicable
corrective actions. This AD results from
a report that the engine fuel feed tubes
were found not electrically bonded to
the front spar. We are issuing this AD
to prevent an ignition source from
entering the fuel tank during a lightning
strike event, which could cause a fuel
tank explosion.
DATES: This AD becomes effective May
18, 2006.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of May 18, 2006.
ADDRESSES: You may examine the AD
docket on the Internet at https://
dms.dot.gov or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street
SW., Nassif Building, Room PL–401,
Washington, DC.
Contact Boeing Commercial
Airplanes, P.O. Box 3707, Seattle,
Washington 98124–2207, for service
information identified in this AD.
FOR FURTHER INFORMATION CONTACT: John
Vann, Aerospace Engineer, Propulsion
Branch, ANM–140S, Seattle Aircraft
Certification Office, FAA, 1601 Lind
Avenue, SW., Renton, Washington
98055–4056; telephone (425) 917–6513;
fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness
directive (AD) docket on the Internet at
https://dms.dot.gov or in person at the
Docket Management Facility office
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The Docket Management Facility office
E:\FR\FM\13APR1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 71 (Thursday, April 13, 2006)]
[Rules and Regulations]
[Pages 19102-19104]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3551]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 110
RIN 3150-AH89
Revision of NRC Form 7, Application for NRC Export/Import
License, Amendment, or Renewal
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations that govern the export and import of nuclear material and
equipment concerning the use of NRC Form 7, ``Application for NRC
Export/Import License, Amendment, or Renewal.'' Recently, the
Commission revised NRC Form 7 to consolidate all license requests
(i.e., applications for export, import, combined export/import,
amendments and renewals) in one application form. Previously, NRC Form
7 was used only for applications for export of nuclear material and
equipment. Import license applications, production or utilization
facility export applications, and license amendment and renewal
applications were filed by letter. As a result of the revision, these
requests previously made by letter, now will be made using NRC Form 7.
The purpose of this change is to amend the regulations that govern
export and import of nuclear material and equipment to reflect that all
license requests are to be made using NRC Form 7, as revised.
DATES: The final rule will become effective June 27, 2006, unless a
significant adverse comment on the direct final rule is received by May
15, 2006. If the rule is withdrawn as a result of such a comment,
timely notice of the withdrawal will be published in the Federal
Register. Comments received after May 15, 2006 will be considered if it
is practical to do so, but the NRC is able to ensure only that comments
received on or before this date will be considered.
ADDRESSES: You may submit comments by any one of the following methods.
Please include the following number RIN 3150-AH89 in the subject line
of your comments. Comments on rulemakings submitted in writing or in
electronic form will be made available for public inspection. Because
your comments will not be edited to remove any identifying or contact
information, the NRC cautions you against including personal
information such as social security numbers and birth dates in your
submissions.
Mail comments to: Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
E-mail comments to: SECY@nrc.gov. If you do not receive a reply e-
mail confirming that we have received your comments, contact us
directly at (301) 415-1966. You may also submit comments via the NRC's
rulemaking Web site at https://ruleforum.llnl.gov. Address questions
about our rulemaking Web site to Carol Gallagher (301) 415-5905; e-mail
CAG@nrc.gov. Comments also can be submitted via the Federal eRulemaking
Portal https://regulations.gov.
Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m. on Federal workdays.
Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at
(301) 415-1101.
Publicly available documents related to this rulemaking may be
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. Selected documents,
including comments, may be viewed and downloaded electronically via the
NRC rulemaking Web site at https://ruleforum.llnl.gov.
Publicly available documents created or received at the NRC after
November 1, 1999, are available 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: Brooke G. Smith, International Policy
Analyst, Office of International Programs, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, telephone (301) 415-2347, e-mail
bgs@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. The Direct Final Rule Process
This direct final rule amends 10 CFR part 110 to reflect revisions
made to NRC Form 7 regarding the method for filing import and export
license requests. All licensing requests, i.e., exports, imports,
combined export/import, amendment, and renewal applications will be
made using revised NRC Form 7. Import license applications, production
or utilization facility export license applications, and import/export
license amendment and renewal applications will no longer be filed by
letter. This direct final rule codifies the revisions to NRC Form 7 in
10 CFR part 110.
Because the NRC believes that this action is not controversial, the
NRC is using the direct final rule process for this rule. The direct
final rule will become effective on June 27, 2006. However, if the NRC
receives a significant adverse comment on this direct final rule by May
15, 2006, the NRC will publish a document that withdraws this action.
In that event, the comments received in response to these amendments
would then be considered as comments on the companion proposed rule
published elsewhere in this Federal Register. The comments will be
addressed in a later final rule based on that proposed rule. Unless the
modifications to the proposed rule are significant enough to require
that it be republished as a proposed rule, the NRC will not initiate a
second comment period on this action.
A significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. A comment is adverse and significant if:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, a substantive response is required when:
(a) The comment causes the NRC staff to reevaluate (or reconsider)
its position or conduct additional analysis;
[[Page 19103]]
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously
addressed or considered by the NRC staff.
(2) The comment proposes a change or an addition to the rule, and
it is apparent that the rule would be ineffective or unacceptable
without incorporation of the change or addition.
(3) The comment causes the staff to make a change (other than
editorial) to the rule.
II. Background
The NRC is amending its regulations under 10 CFR part 110
concerning the use of NRC Form 7. NRC Form 7, ``Application for Export
of Nuclear Material and Equipment'' is being revised as NRC Form 7,
``Application for NRC Export/Import License, Amendment or Renewal.''
All licensing requests (i.e., exports, imports, combined export/import,
amendment, and renewal applications) will be made using revised NRC
Form 7.
Previously, NRC Form 7 was used only for applications for export of
nuclear material and equipment. Import license applications and
production or utilization facility export applications were filed by
letter under 10 CFR 110.31(c) (OMB Clearance Number 3150-0036). Section
110.31(c) is amended to require import license applications and
production and utilization facility export applications to be filed
using revised NRC Form 7. Previously, applications for export/import
license amendments and license renewals were filed by letter under 10
CFR 110.51(a) (OMB Clearance Number 3150-0036). Section 110.51(a) is
amended to require applications for license amendments and license
renewals to be filed using NRC revised Form 7.
This direct final rule, by revising the method of filing license
applications for import licenses, production and utilization export
licenses, and import/export license amendment and renewal requests,
will eliminate the burden under the Paperwork Reduction Act to those
applicants and licensees previously filing applications under 10 CFR
part 110 (OMB Clearance No. 3150-0036) and transfers that burden to the
NRC Form 7 (OMB Clearance No. 3150-0027). Sections 110.7(b) and (c) are
amended by this direct final rule to reflect this change.
Below is a summary of the type of information required in NRC Form
7, as revised. NRC Form 7 is divided into five parts. Part A is for the
NRC's internal use. Part B must be completed by all applicants and
requires that the applicant provide its name, contact, physical
address, phone number, type of licensing action, first and last
shipment date, and proposed expiration date. Part C must be completed
for export or combined export/import licenses, amendments, or renewal
requests. The type of information required in Part C includes names and
addresses of suppliers and other parties to the export, names and
addresses of intermediate and ultimate locations, type of licensing
action, functions to be performed, physical addresses where
correspondence should be sent, and where exports could be inspected.
Part C also requires a description of key characteristics including
physical and chemical forms of the radioactive materials, sealed
sources, nuclear facilities, equipment, or components. The maximum
total volume, element weight, or total activity also must be provided.
Part D must be completed for import or combined export/import licenses,
amendments, or renewal requests. It requires information similar to
that required in Part C; however, Part D also requires that the
applicant provide the NRC or Agreement State Materials License
number(s) including the expiration date(s) for each U.S. consignee.
Part E must be completed by all applicants. In Part E, the applicant
must verify whether domestic recipients' authorizations required for
Appendix P materials are included with the application. The applicant
also must provide a signature certification that all information in the
application is prepared in conformity with 10 CFR part 110, and that
all information provided is correct to the best of the applicant's
knowledge.
The NRC has determined that this rule will pose no unreasonable
risk to the public health and safety or the common defense and
security.
Plain Language
The Presidential memorandum ``Plain Language in Government
Writing'' published June 10, 1998 (63 FR 31883) directed that the
Government's documents be in clear and accessible language. The NRC
requests comments on the direct final rule specifically with respect to
the clarity and effectiveness of the language used. Comments should be
sent to the NRC as explained in the ADDRESSES caption of this notice.
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 direct final rule does not constitute the
establishment of a standard for which the use of a voluntary consensus
standard would be applicable. The NRC is amending 10 CFR part 110 to
require all applications for export, import, combined export/import,
amendments and renewals to be submitted using NRC Form 7.
Environmental Impact: Categorical Exclusion
The NRC has determined that this direct final rule is the type of
action described in categorical exclusion 10 CFR 51.22(c)(1).
Therefore, neither an environmental impact statement nor an
environmental assessment has been prepared for this direct final rule.
Paperwork Reduction Act Statement
This direct final rule amends information collection requirements
that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.). These requirements were approved by the Office of Management
and Budget (OMB), clearance numbers 3150-0027 and 3150-0036. The rule
transfers existing information collection requirements to process
license requests that previously were filed by letter from 10 CFR part
110 (OMB Clearance No. 3150-0036) to NRC Form 7 (OMB Clearance No.
3150-0027). There is no change in burden to each respondent of an
average 2.4 hours to complete the application because respondents only
complete applicable sections of NRC Form 7, depending on the nature of
the license request. Send comments on any aspect of these information
collections, including suggestions for further reducing the burden, to
the Records and FOIA/Privacy Services Branch (T-5 F52), U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, or by Internet
electronic mail at BJS1@NRC.GOV; and to the Desk Officer, Office of
Information and Regulatory Affairs, NEOB-10202, (3150-0027 and 3150-
0036), Office of Management and Budget, Washington, DC 20503.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
requirement unless the requesting document displays a currently valid
OMB control number.
[[Page 19104]]
Regulatory Analysis
A regulatory analysis has not been prepared for this direct final
rule because this rule is considered a minor, nonsubstantive amendment;
it has no economic impact on NRC licensees or the public. The NRC has
sole control of 10 CFR part 110 and NRC Form 7. There is no alternative
to amending the regulations at 10 CFR part 110 to reflect changing
circumstances.
Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980 (5 U.S.C.
605(b)), the Commission certifies that this direct final rule does not
have a significant economic impact on a substantial number of small
entities. This minor, non-substantive amendment merely changes the
method of filing certain license applications. As such, it has no
economic impact on NRC licensees or the public.
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
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 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.
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 is revised to read as follows:
Authority: Secs. 51, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104,
109, 111, 126, 127, 128, 129, 134, 161, 170H., 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, 2160d., 2201, 2210h.,
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.).
0
2. In Sec. 110.7, paragraphs (b) and (c)(1) are revised to read as
follows:
Sec. 110.7 Information collection requirements: OMB approval.
* * * * *
(b) The approved information collection requirements contained in
this part appear in Sec. Sec. 110.7a, 110.23, 110.26, 110.27, 110.32,
110.50, 110.52, and 110.53.
(c) * * *
(1) In Sec. Sec. 110.19, 110.20, 110.21, 110.22, 110.23, 110.31,
110.32, and 110.51, NRC Form 7 is approved under control number 3150-
0027.
* * * * *
0
3. In Sec. 110.31, paragraph (c) is revised to read as follows:
Sec. 110.31 Application for a specific license.
* * * * *
(c) Applications for an export, import, combined export/import,
amendment or renewal licenses under 10 CFR Part 110 shall be filed on
NRC Form 7.
* * * * *
0
4. In Sec. 110.51, paragraph (a) is revised to read as follows:
Sec. 110.51 Amendment and renewal of licenses.
(a) A licensee shall submit an application to renew a license or to
amend a license on a completed NRC Form 7.
* * * * *
Dated at Rockville, Maryland, this 7th day of March, 2006.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. 06-3551 Filed 4-12-06; 8:45 am]
BILLING CODE 7590-01-P
