Federal Register Notice- Proposed Rule PDF version- 10 CFR Parts 30, 37, 73, and 150- Safeguards Information - Modified Handling Categorization; Change for Materials Facilities.

58701

Proposed Rules

Federal Register
Vol. 79, No. 189
Tuesday, September 30, 2014

This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.

NUCLEAR REGULATORY
COMMISSION
10 CFR Parts 30, 37, 73, and 150
[NRC–2012–0140]
RIN 3150–AJ18

Safeguards Information—Modified
Handling Categorization; Change for
Materials Facilities
Nuclear Regulatory
Commission.
ACTION: Proposed rule.
AGENCY:

The U.S. Nuclear Regulatory
Commission (NRC) is proposing to
amend its regulations to remove the
Safeguards Information—Modified
Handling (SGI–M) designation of the
security-related information for large
irradiators, manufacturers and
distributors, and for transport of
category 1 quantities of radioactive
material. The rulemaking would also
result in the removal of the SGI–M
designation of the security-related
information for the transportation of
irradiated reactor fuel that weighs 100
grams or less in net weight of irradiated
fuel. The security-related information
for these facilities and the transportation
of certain materials would no longer be
designated as SGI–M and would be
protected under the information
protection requirements that apply to
other materials licensees that possess
category 1 and category 2 quantities of
radioactive material.
DATES: Submit comments on the
proposed rule by October 30, 2014.
Submit comments specific to the
information collections aspects of this
proposed rule by October 30, 2014.
Comments received after this date will
be considered if it is practical to do so,
but the NRC staff is able to assure
consideration only for comments
received on or before this date.
ADDRESSES: You may submit comments
related to this proposed rule by any of
the following methods (unless this
document describes a different method

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for submitting comments on a specific
subject):
• Federal rulemaking Web site: Go to
http://www.regulations.gov and search
for Docket ID NRC–2012–0140. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–492–3668;
email: [email protected]. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Email comments to:
[email protected]. If you
do not receive an automatic email reply
confirming receipt, then contact us at
301–415–1677.
• Fax comments to: Secretary, U.S.
Nuclear Regulatory Commission at 301–
415–1101.
• Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Vanessa Cox, Office of Federal and State
Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
8342; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2012–
0140 when contacting the NRC about
the availability of information for this
proposed rule. You may obtain publiclyavailable information related to this
proposed rule by any of the following
methods:
• Federal Rulemaking Web site: Go to
http://www.regulations.gov and search
for Docket ID NRC–2012–0140.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
http://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,

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please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to [email protected]. The
ADAMS accession number for each
document referenced (if it is available in
ADAMS) is provided the first time that
it is mentioned in the SUPPLEMENTARY
INFORMATION section.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC–2012–
0140 in the subject line of your
comment submission, in order to ensure
that the NRC is able to make your
comment submission available to the
public in this docket.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at http://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment submissions into
ADAMS.
II. Procedural Background
Because the NRC considers this action
non-controversial, the NRC is
publishing this proposed rule
concurrently as a direct final rule in the
Rules and Regulations section of this
issue of the Federal Register. The direct
final rule will become effective on
January 28, 2015. However, if the NRC
receives a significant adverse comment
on this proposed rule by October 30,
2014, then the NRC will publish a
document that withdraws the direct
final rule. If the direct final rule is
withdrawn, the NRC will address the

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Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Proposed Rules

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comments received in response to these
proposed revisions in a subsequent final
rule. Absent significant modifications to
the proposed revisions requiring
republication, the NRC will not initiate
a second comment period for this action
if the direct final rule is withdrawn.
A significant adverse comment is a
comment where the commenter
explains why the rule would be
inappropriate, including challenges to
the rules 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;
(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.
For additional information see the
direct final rule published in the Rules
and Regulations section of this issue of
the Federal Register.
This proposed rule decreases the
burden on recordkeepers to mark
documents containing Safeguards
Information designated as SGI–M as
specified in § 73.23(b), (d), and (f). The
NRC is requesting comment on this
decrease in recordkeepers’ burden in
Section III, Paperwork Reduction Act
Statement, of this proposed rule.
III. Paperwork Reduction Act
Statement
This proposed rule contains new or
amended information collection
requirements that are subject to the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq). This proposed rule
has been submitted to the Office of
Management and Budget for review and
approval of the information collection
requirements.
Type of submission, new or revision:
Revision.
The title of the information collection:
Parts 30, 37, 73, and 150 of Title 10 of
the Code of Federal Regulations (10
CFR), Safeguards Information—

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Modified Handling Categorization
Change for Materials Facilities.
The form number if applicable: Not
applicable.
How often the collection is required:
The proposed rule would reduce annual
recordkeeping requirements.
Who will be required or asked to
report: The proposed rule would affect
panoramic and underwater irradiators
that possess greater than 370 TBq of
byproduct materials; manufacturers and
distributors of items containing source,
byproduct, or special nuclear material
in greater than or equal to category 2
quantities of concern; and
transportation of source, byproduct, or
special nuclear material in greater than
or equal to category 1 quantities of
concern.
An estimate of the number of annual
responses: A reduction of 112
recordkeeping responses.
The estimated number of annual
respondents: A reduction of 112
recordkeepers subject to 10 CFR part 73,
Physical Protection of Plants and
Materials.
An estimate of the total number of
hours needed annually to complete the
requirement or request: A reduction of
616 recordkeeping hours.
Abstract: The proposed rule would
decrease burden on 112 recordkeepers
to mark documents containing
Safeguards Information designated as
SGI–M as specified in § 73.23(b), (d),
and (f). These 112 licensees include
panoramic and underwater irradiators
that possess greater than 370 TBq of
byproduct materials; manufacturers and
distributors of items containing source,
byproduct, or special nuclear material
in greater than or equal to category 2
quantities of concern; and
transportation of source, byproduct, or
special nuclear material in greater than
or equal to category 1 quantities of
concern.
The NRC is seeking public comment
on the potential impact of the
information collections contained in
this proposed rule and on the following
issues:
1. Is the proposed information
collection necessary for the proper
performance of the functions of the
NRC, including whether the information
will have practical utility?
2. Is the estimate of burden accurate?
3. Is there a way to enhance the
quality, utility, and clarity of the
information to be collected?
4. How can the burden of the
information collection be minimized,
including the use of automated
collection techniques?
A copy of the OMB clearance package
may be viewed free of charge at the NRC

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Public Document Room, One White
Flint North, 11555 Rockville Pike, Room
O–1 F21, Rockville, MD 20852. The
OMB clearance package and proposed
rule will be available on the NRC’s Web
site, http://www.nrc.gov/public-involve/
doc-comment/omb/index.html, for 60
days after the signature date of this
document.
Send comments on any aspect of
these proposed information collections,
including suggestions for reducing the
burden and on the previously stated
issues, by October 30, 2014 to the FOIA,
Privacy, and Information Collections
Branch (T–5 F52), U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, or by email to
[email protected]
and to the Desk Officer, Danielle Y.
Jones, Office of Information and
Regulatory Affairs, NEOB–10202,
(3150–0002), Office of Management and
Budget, Washington, DC 20503. You
may also email comments to Danielle_
[email protected] or comment by
telephone at 202–395–1741. Comments
received after this date will be
considered if it is practical to do so, but
assurance of consideration cannot be
given to comments received after this
date.
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.
IV. Plain Writing
The Plain Writing Act of 2010 (Pub.
L. 111–274) requires Federal agencies to
write documents in a clear, concise,
well-organized manner that also follows
other best practices appropriate to the
subject or field and the intended
audience. The NRC has written this
document to be consistent with the
Plain Writing Act as well as the
Presidential Memorandum, ‘‘Plain
Language in Government Writing,’’
published June 10, 1998 (63 FR 31883).
The NRC requests comment on the
proposed rule with respect to clarity
and effectiveness of the language used.
List of Subjects
10 CFR Part 30
Byproduct material, Criminal
penalties, Government contracts,
Intergovernmental relations, Isotopes,
Nuclear materials, Radiation protection,
Reporting and recordkeeping
requirements.

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Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Proposed Rules
10 CFR Part 37
Byproduct material, Criminal
penalties, Export, Hazardous materials
transportation, Import, Licensed
material, Nuclear materials, Reporting
and recordkeeping requirements,
Security measures.
10 CFR Part 73
Criminal penalties, Export, Hazardous
materials transportation, Import,
Nuclear materials, Nuclear power plants
and reactors, Reporting and
recordkeeping requirements, Security
measures.
10 CFR Part 150
Criminal penalties, Hazardous
materials transportation,
Intergovernmental relations, Nuclear
materials, Reporting and recordkeeping
requirements, Security measures,
Source material, Special nuclear
material.
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 proposing to adopt the
following amendments to 10 CFR parts
30, 37, 73, and 150.
PART 30—RULES OF GENERAL
APPLICABILITY TO DOMESTIC
LICENSING OF BYPRODUCT
MATERIAL
1. The authority citation for part 30
continues to read as follows:

■

Authority: Atomic Energy Act secs. 81, 82,
161, 181, 182, 183, 186, 223, 234 (42 U.S.C.
2111, 2112, 2201, 2231, 2232, 2233, 2236,
2273, 2282); Energy Reorganization Act secs.
201, 202, 206 (42 U.S.C. 5841, 5842, 5846);
Government Paperwork Elimination Act sec.
1704 (44 U.S.C. 3504 note); Energy Policy Act
of 2005, Pub. L. 109–58, 119 Stat. 549 (2005).
Section 30.7 also issued under Energy
Reorganization Act sec. 211, Pub. L. 95–601,
sec. 10, as amended by Pub. L. 102–486, sec.
2902 (42 U.S.C. 5851). Section 30.34(b) also
issued under Atomic Energy Act sec. 184 (42
U.S.C. 2234). Section 30.61 also issued under
Atomic Energy Act sec. 187 (42 U.S.C. 2237).
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§ 30.4

2. In § 30.4, remove the definition for
‘‘Quantities of concern.’’

■

■

[Amended]

3. In § 30.32, remove paragraph (k).

§ 30.34

[Amended]

4. In § 30.34, remove paragraph (l).

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5. The authority citation for part 37
continues to read as follows:

■

Authority: Atomic Energy Act secs. 53, 81,
103, 104, 147, 148, 149, 161, 182, 183, 223,
234 (42 U.S.C. 2073, 2111, 2133, 2134, 2167,
2168, 2169, 2201a., 2232, 2233, 2273, 2282).

6. In § 37.29, revise paragraph (a)(10)
to read as follows:

■

§ 37.29 Relief from fingerprinting,
identification, and criminal history records
checks and other elements of background
investigations for designated categories of
individuals permitted unescorted access to
certain radioactive materials.

(a) * * *
(10) Commercial vehicle drivers for
road shipments of category 1 and
category 2 quantities of radioactive
material;
*
*
*
*
*
■ 7. In § 37.43, revise paragraph (d)(1)
and remove paragraph (d)(9) to read as
follows:
§ 37.43 General security program
requirements.

*

*
*
*
*
(d) Protection of information. (1)
Licensees authorized to possess category
1 or category 2 quantities of radioactive
material shall limit access to and
unauthorized disclosure of their
security plan, implementing procedures,
and the list of individuals that have
been approved for unescorted access.
*
*
*
*
*
■ 8. In § 37.77, revise paragraph (f) to
read as follows:
§ 37.77 Advance notification of shipment
of category 1 quantities of radioactive
material.

*

*
*
*
*
(f) Protection of information. State
officials, State employees, and other
individuals, whether or not licensees of
the Commission or an Agreement State,
who receive schedule information of the
kind specified in § 37.77(b) shall protect
that information against unauthorized
disclosure as specified in § 37.43(d) of
this part.
PART 73—PHYSICAL PROTECTION OF
PLANTS AND MATERIALS

[Amended]

■

§ 30.32

PART 37—PHYSICAL PROTECTION OF
CATEGORY 1 AND CATEGORY 2
QUANTITIES OF RADIOACTIVE
MATERIAL

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9. The authority citation for part 73
continues to read as follows:

■

Authority: Atomic Energy Act secs. 53,
147, 161, 223, 234, 1701 (42 U.S.C. 2073,
2167, 2169, 2201, 2273, 2282, 2297(f),
2210(e)); Energy Reorganization Act sec. 201,
204 (42 U.S.C. 5841, 5844); Government
Paperwork Elimination Act sec. 1704, 112

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Stat. 2750 (44 U.S.C. 3504 note); Energy
Policy Act of 2005, Pub. L. 109–58, 119 Stat.
594 (2005).
Section 73.1 also issued under Nuclear
Waste Policy Act secs. 135, 141 (42 U.S.C,
10155, 10161).
Section 73.37(f) also issued under sec. 301,
Pub. L. 96–295, 94 Stat. 789 (42 U.S.C. 5841
note).
§ 73.2

[Amended]

10. In § 73.2, remove the definition for
‘‘Quantities of concern.’’
■ 11. In § 73.21, revise paragraph
(a)(1)(ii) to read as follows:
■

§ 73.21 Protection of Safeguards
Information: Performance Requirements.

(a) * * *
(1) * * *
(ii) Establish, implement, and
maintain an information protection
system that includes the applicable
measures for Safeguards Information
specified in § 73.23 related to: research
and test reactors that possess special
nuclear material of moderate strategic
significance or special nuclear material
of low strategic significance.
*
*
*
*
*
■ 12. In § 73.23, revise the introductory
text of the section and the introductory
text of paragraph (a)(2) to read as
follows:
§ 73.23 Protection of Safeguards
Information-Modified Handling: Specific
Requirements.

This section contains specific
requirements for the protection of
Safeguards Information in the hands of
any person subject to the requirements
of § 73.21(a)(1)(ii) and research and test
reactors that possess special nuclear
material of moderate strategic
significance or special nuclear material
of low strategic significance. The
requirements of this section distinguish
Safeguards Information requiring
modified handling requirements (SGI–
M) from the specific Safeguards
Information handling requirements
applicable to facilities and materials
needing a higher level of protection, as
set forth in § 73.22.
(a) * * *
(2) Physical protection in transit.
Information not classified as Restricted
Data or National Security Information
related to the physical protection of
shipments of special nuclear material in
less than a formula quantity (except for
those materials covered under § 73.22),
including:
*
*
*
*
*
Appendix I to Part 73—[Removed]
■

13. Remove appendix I to part 73.

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Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Proposed Rules

PART 150—EXEMPTIONS AND
CONTINUED REGULATORY
AUTHORITY IN AGREEMENT STATES
AND IN OFFSHORE WATERS UNDER
SECTION 274
14. The authority citation for part 150
continues to read as follows:

■

Authority: Atomic Energy Act secs. 161,
181, 223, 234 (42 U.S.C. 2201, 2021, 2231,
2273, 2282); Energy Reorganization Act sec.
201 (42 U.S.C. 5841); Government Paperwork
Elimination Act sec. 1704 (44 U.S.C. 3504
note); Energy Policy Act of 2005, Pub. L.
109–58, 119 Stat. 594 (2005).
Sections 150.3, 150.15, 150.15a, 150.31,
150.32 also issued under Atomic Energy Act
secs. 11e(2), 81, 83, 84 (42 U.S.C. 2014e(2),
2111, 2113, 2114).
Section 150.14 also issued under Atomic
Energy Act sec. 53 (42 U.S.C. 2073).
Section 150.15 also issued under Nuclear
Waste Policy Act secs. 135 (42 U.S.C. 10155,
10161).
Section 150.17a also issued under Atomic
Energy Act sec. 122 (42 U.S.C. 2152).
Section 150.30 also issued under Atomic
Energy Act sec. 234 (42 U.S.C. 2282).
§ 150.15

[Amended]

15. In § 150.15, remove paragraph
(a)(9).

■

Dated at Rockville, Maryland, this 23rd day
of September, 2014.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2014–23257 Filed 9–29–14; 8:45 am]
BILLING CODE 7590–01–P

DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 730, 732, 738, 743, 748,
752, 762, 772, and 774
[Docket No. 140613501–4501–01]
RIN 0694–AG13

Proposed Amendments to the Export
Administration Regulations: Removal
of Special Comprehensive License
Provisions
Bureau of Industry and
Security, Commerce.
ACTION: Proposed rule.
AGENCY:

In this rule, the Bureau of
Industry and Security (BIS) proposes to
continue updating export controls under
the Export Administration Regulations
(EAR) consistent with the Retrospective
Regulatory Review Initiative that directs
BIS and other Federal Government
Agencies to streamline regulations and
reduce unnecessary regulatory burdens
on the public. Specifically, in this rule,
BIS proposes to amend the EAR by

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removing the Special Comprehensive
License authorization. This rule also
proposes conforming amendments.
DATES: Comments must be received no
later than October 30, 2014.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. The identification
number for this rulemaking is BIS–
2014–0021.
• By email directly to
[email protected]. Include
RIN 0694–AG13 in the subject line.
• By mail or delivery to Regulatory
Policy Division, Bureau of Industry and
Security, U.S. Department of Commerce,
Room 2099B, 14th Street and
Pennsylvania Avenue NW., Washington,
DC 20230. Refer to RIN 0694–AG13.
FOR FURTHER INFORMATION CONTACT:
Thomas Andrukonis, Director, Export
Management and Compliance Division,
Office of Exporter Services, Bureau of
Industry and Security, by telephone at
(202) 482–8016 or by email at
[email protected].
SUPPLEMENTARY INFORMATION:
Background
Origin and Historical Advantages of the
Special Comprehensive License
The restructuring and reorganizing of
the Export Administration Regulations
(EAR) that were finalized in 1997
established provisions for the Special
Comprehensive License (SCL) in part
752 of the EAR (61 FR 12714, March 25,
1996, as amended by 62 FR 25451, May
9, 1997).
In keeping with the purpose of those
reforms, which was to ‘‘simplify, clarify
and make regulations more userfriendly,’’ the SCL made licensing more
efficient and practical by consolidating
authorizations for activities (e.g., bulk
exports and reexports of items as well
as certain other activities) and extending
periods that had been authorized under
the following special licenses: Project,
Distribution, Service Supply, Service
Facilities, Aircraft and Vessel Repair
Station Procedure, and Special
Chemical Licenses. With the
implementation of the SCL, those
special licenses were discontinued. BIS
was confident that the more flexible
SCL and a pre-approved internal control
program (ICP) would advance the
agency’s fundamental mission of
ensuring national security without
unduly burdening legitimate global
trade.
When introduced, SCLs presented
certain advantages to exporters and
consignees that could not be met by the
Validated Licenses (formerly referred to

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as Individual Validated Licenses),
which was the other licensing option at
that time. In return for committing to
enhanced administrative
responsibilities and compliance
requirements, the SCL authorized,
among other things:
• Exports and reexports of multiple
shipments of all items subject to the
EAR, with the exception of items
prohibited by statute or regulation (inter
alia, items controlled for missile
technology and short supply reasons)
and items identified as being of
significant strategic and proliferation
concern;
• Exports and reexports of multiple
shipments of items to all destinations,
except to embargoed and terrorist
supporting destinations (i.e.,
destinations in Country Groups E:1 and
E:2 in Supplement No. 1 to Part 740 of
the EAR), and countries that BIS may
designate on a case-by-case basis;
• Possible authorization by prior
approved consignees abroad of
servicing, support services, stocking
spare parts, maintenance, capital
expansion, scientific data acquisition
support, reselling and reexporting items
in the form received, and other
activities, on a case-by-case basis;
• Exports and reexports of items for a
period of four years; and
• Exports and reexports by an SCL
holder to approved consignees and
directly to the consignees’ customers,
the end-users (known as drop shipping).
In a recent review of the SCL, it
became apparent that the purposes
served by an SCL and the advantages it
provided have been overtaken by
changes to the EAR, including changes
that have occurred since the
implementation of the President’s
Export Control Reform (ECR) (See
‘‘Initial Implementation of Export
Control Reform Rule’’ (73 FR 22660,
April 16, 2013), effective October 15,
2013; ‘‘Improving Regulatory Review’’
(Executive Order 13563 of January 18,
2011); and BIS’s ‘‘Notice of Inquiry:
Retrospective Regulatory Review Under
E.O. 13563’’ (76 FR 47527, August, 5,
2011.).
At the direction of the President, in
August, 2009, BIS in conjunction with
other agencies that have export controlrelated jurisdiction began an
interagency initiative to reform the
export control system. The reform’s
objective has been to help strengthen
our national security and the
competitiveness of key U.S.
manufacturing and technology sectors
while simultaneously enabling export
control officials to better focus
government resources on transactions
that pose the most concern. Some of the

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