Proposed Rule; Revision of NRC Form 7, Application for NRC Export/Import License, Amendment, or Renewal, 19135-19136 [E6-5497]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 71, Number 71 (Thursday, April 13, 2006)]
[Proposed Rules]
[Pages 19135-19136]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-5497]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 110

RIN 3150-AH89


Proposed Rule; Revision of NRC Form 7, Application for NRC 
Export/Import License, Amendment, or Renewal

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend 
its regulations that govern 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 would be made using NRC Form 
7. The purpose of this proposed 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 comment period for this proposed rule ends on May 15, 2006. 
Comments received after this date will be considered if it is practical 
to do so, but the NRC is only able to ensure 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 rulemaking submitted in writing or in 
electronic form will be made available for public inspection. Because 
your comments will not be edited to remove identifying or contact 
information, the NRC cautions you against including personal 
information such as social security numbers and birth dates in your 
submission.
    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 
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 at https://www.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 at the NRC's Public 
Document Room (PDR), Public File Area O1 F21, 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.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

[[Page 19136]]

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: For additional information see the direct 
final rule of the same title published in the Rules and Regulations 
section of this Federal Register.
    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 significant adverse comments 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, and the comments will be 
addressed in a later final rule based on that proposed rule. Unless the 
modifications to the proposed rule are significant enough to require 
that it be republished as a proposed rule, the NRC will not initiate a 
second comment period on this action.
    A significant adverse comment is a comment where the commenter 
explains why the rule would be inappropriate, including challenges to 
the rule's underlying premise or approach, or would be ineffective or 
unacceptable without a change. A comment is adverse and significant if:
    (1) The comment opposes the rule and provides a reason sufficient 
to require a substantive response in a notice-and-comment process. For 
example, a substantive response is required when:
    (a) The comment causes the NRC staff to reevaluate (or reconsider) 
its position or conduct additional analysis;
    (b) The comment raises an issue serious enough to warrant a 
substantive response to clarify or complete the record; or
    (c) The comment raises a relevant issue that was not previously 
addressed or considered by the NRC staff.
    (2) The comment proposes a change or an addition to the rule, and 
it is apparent that the rule would be ineffective or unacceptable 
without incorporation of the change or addition.
    (3) The comment causes the staff to make a change (other than 
editorial) to the rule.

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. 553; the NRC is proposing to 
adopt 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 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.).

    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.
* * * * *
    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.
* * * * *
    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 Reyes,
Executive Director for Operations.
[FR Doc. E6-5497 Filed 4-12-06; 8:45 am]
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