Regulatory Changes To Implement the Additional Protocol to the US/IAEA Safeguards Agreement, 78599-78616 [E8-30054]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 73, Number 247 (Tuesday, December 23, 2008)]
[Rules and Regulations]
[Pages 78599-78616]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30054]



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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.

-----------------------------------------------------------------------

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 INFOCOLLECTS.resource@nrc.gov; 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 NathanJ.Frey@omb.eop.gov.

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.

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; 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

0
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).


0
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.

0
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

0
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).


0
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.

0
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

0
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).


0
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.

0
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

0
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).


0
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.

0
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

0
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]]



0
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.

0
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

0
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).


0
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.

0
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).


0
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.

0
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).


0
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

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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).


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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.

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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.

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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.

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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
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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, https://
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 h