ML22019A266
| ML22019A266 | |
| Person / Time | |
|---|---|
| Issue date: | 01/19/2021 |
| From: | Office of Nuclear Material Safety and Safeguards |
| To: | |
| Steve Poy, NMSS/MSST | |
| Shared Package | |
| ML22021B286 | List: |
| References | |
| Download: ML22019A266 (3) | |
Text
Federal Register / Vol. 66, No. 13 / Friday, January 19, 2001 / Rules and Regulations 5441 NUCLEAR REGULATORY the Atomic Energy Act of 1954, as offshore waters. Under section 150.20 COMMISSION amended, to discontinue the (c), certain general licensees are not Commissions regulatory required to file with the NRC if the 10 CFR Part 150 responsibilities over the use and licensee provides timely notification of RIN 3150-AG60 possession of certain types of its offshore activities to the Agreement radioactive material in Louisiana. The State that issued the specific license, Termination of Section 274i Agreement State of Louisiana, in turn, assumed and that State is listed in 150.20(d) as Between the State of Louisiana and the authority (formerly exercised by the agreeing to perform inspections for NRC Nuclear Regulatory Commission NRC) over these regulatory activities. under a 274i agreement. Louisiana was This agreement was noticed in the the only Agreement State listed in the AGENCY: Nuclear Regulatory Federal Register on May 3, 1967 (32 FR regulation because it was the only State Commission. 6806). The discontinuance of the which had entered into such an ACTION: Final rule. Commissions authority became agreement with the NRC.
effective May 1, 1967 and, at the same In a letter to Governor Foster
SUMMARY
- The Nuclear Regulatory time, established Louisiana as an acknowledging termination of the 274i Commission (NRC) is revising its Agreement State. Additionally, on May Agreement, the NRC indicated it would regulations to remove the reference to 3, 1967 (32 FR 6807), the Commission remove from the regulation only the an inspection agreement, referred to as published in the Federal Register a specific reference to the NRCs the 274i Agreement, with the State of notice of an agreement between the inspection agreement with Louisiana in Louisiana. The inspection agreement State of Louisiana and the Commission section 150.20(d). However, to promote entered into pursuant to section 274i of that permitted the State to perform clarity in the regulations, these sections the Atomic Energy Act allowed the State inspections or other functions in will be removed in their entirety. In the of Louisiana to perform inspections or offshore waters adjacent to Louisiana on event NRC enters into a 274i inspection other functions in offshore waters behalf of the Commission. This agreement with an Agreement State in adjacent to Louisiana on behalf of the inspection agreement, entered into the future, the provisions of 150.20(c)
NRC. This reference is located in the pursuant to section 274i of the Act, did and (d), which were promulgated reciprocity regulations in 10 CFR not expand the States regulatory following notice and comment 150.20. Under section 150.20(c), certain authority but rather specifically rulemaking, will be reinstated via direct general licensees are not required to file authorized the State to conduct final rulemaking. In a separate with the NRC if the licensee provides inspection activities and other functions communication, the NRC will provide timely notification of its offshore on the Commissions behalf. guidance to Louisiana licensees on the activities to the Agreement State that The NRC received a letter from impacts that the termination of this issued the specific license, and that Louisiana Governor M. J. Mike Foster, agreement will have on the notification State is listed in 150.20(d) as agreeing to Jr., dated March 22, 2000, which and fee requirements for activities perform inspections for NRC under a requested termination of the section conducted in offshore waters.
274i agreement. Louisiana is the only 274i agreement. The Governor stated However, termination of the section Agreement State listed in the regulation. that the termination would become 274i inspection agreement does not in This action responds to a request from effective 30 days from receipt of the any way affect the existing agreement the Governor of Louisiana to terminate letter. The request was filed in between the Commission and the State the agreement. The NRC agreed that the accordance with section 6 of the of Louisiana entered into pursuant to 274i inspection agreement is no longer inspection agreement, which states: section 274b of the Act. Accordingly, needed and should be terminated. * *
- This Agreement shall become termination of the inspection agreement Therefore, the NRC is revising the effective on May 1, 1967, and shall does not affect Louisianas status as an regulations by deleting 150.20 (c) and remain in effect so long as the 274b Agreement State.
(d) in their entirety. In the event NRC Agreement remains in effect unless sooner terminated by either party on 30 Procedural Background enters into a 274i inspection agreement with an Agreement State in the future, days prior written notice. This amendment involves a the provisions of 150.20(c) and (d), Governor Foster noted that difficulties conforming change to NRCs regulations which were promulgated following arranging transportation and a lack of to reflect the fact that the State of notice and comment rulemaking, will be financial and personnel resources made Louisiana has terminated the section reinstated via direct final rulemaking. it burdensome to conduct field activities 274i inspection agreement. Accordingly, for the NRC. The State concluded that the NRC finds that, pursuant to 5 U.S.C.
DATES: The final rule is effective January the section 274i inspection agreement 553(b)(B), notice and comment is 19, 2001. was no longer needed and should be unnecessary. These amendments are FOR FURTHER INFORMATION CONTACT: terminated. effective upon publication in the Stephanie P. Bush-Goddard, Ph.D., Effective April 26, 2000, the Federal Register. Good cause exists to Office of Nuclear Material Safety and inspection agreement with the State of dispense with the usual 30-day delay in Safeguards, telephone (301) 415-6257, Louisiana and the NRC was terminated. the effective date, because these e-mail, SPB@nrc.gov, U.S. Nuclear Beginning April 26, 2000, the NRC, not amendments are of a minor and Regulatory Commission, Washington, the State, began conducting inspections administrative nature, conforming the DC 20555-0001. of NRC-licensed activities in offshore NRCs regulations as a result of the SUPPLEMENTARY INFORMATION: waters adjacent to Louisiana. In this April 26, 2000 termination of the 274i final rule, the NRC is issuing a agreement with the State of Louisiana.
Background conforming amendment to its In 1967, the State of Louisiana and the reciprocity regulations in 10 CFR 150.20 Agreement State Compatibility United States Atomic Energy (c) and (d). These sections provide that Under the Policy Statement on Commission (now the U.S. Nuclear a licensee is not required to fulfill Adequacy and Compatibility of Regulatory Commission) entered into an certain NRC reporting requirements for Agreement State Programs approved by agreement pursuant to section 274b of licensed activities performed in certain the Commission on June 30, 1997, and VerDate 11<MAY>2000 15:50 Jan 18, 2001 Jkt 194001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\19JAR1.SGM pfrm01 PsN: 19JAR1
5442 Federal Register / Vol. 66, No. 13 / Friday, January 19, 2001 / Rules and Regulations published in the Federal Register on establishes generally-applicable 274i inspection agreement is no longer September 3, 1997 (62 FR 46517), this requirements. needed and should be terminated.
rule is classified as compatibility Therefore, the NRC is revising the Environmental Impact: Categorical Category NRC. Compatibility is not regulations by deleting 150.20(c) and (d)
Exclusion required for Category NRC in their entirety. In the event NRC enters regulations. The NRC program elements The NRC has determined that this into a 274i inspection agreement with in this category are those that relate final rule is the type of action described an Agreement State in the future, the directly to areas of regulation reserved in categorical exclusion 10 CFR provisions of 150.20(c) and (d), which to the NRC by the Atomic Energy Act of 51.22(c)(2). Therefore, neither an were promulgated following notice and 1954, as amended (AEA), or the environmental impact statement nor an comment rulemaking, will be reinstated provisions of Title 10 of the Code of environmental assessment has been via direct final rulemaking.
Federal Regulations. Although an prepared for this final rule.
Backfit Analysis Agreement State may not adopt program Paperwork Reduction Act Statement elements reserved to NRC, it may wish The NRC has determined that the to inform its licensees of certain This final rule does not contain a new backfit rule does not apply to this final requirements via a mechanism that is or amended information collection rule because this amendment does not consistent with the particular States requirement subject to the Paperwork involve any provisions that would administrative procedure laws, but does Reduction Act of 1995 (44 U.S.C. 3501 impose backfits as defined in 10 CFR not confer regulatory authority on the et seq.). Existing requirements were Chapter 1. Therefore, a backfit analysis State. approved by the Office of Management is not required for this final rule.
and Budget, Approval Number 3150-Voluntary Consensus Standards 0032. Small Business Regulatory Enforcement Fairness Act The National Technology Transfer Act Public Protection Notification of 1995 (Public Law 104-113) requires In accordance with the Small The NRC may not conduct or sponsor, Business Regulatory Enforcement that Federal agencies use technical and a person is not required to respond standards that are developed or adopted Fairness Act of 1996, the NRC has to, collection of information unless it determined that this action is not a by voluntary consensus standards displays a currently valid OMB control bodies unless the use of such a standard major rule and has verified this number. determination with the Office of is inconsistent with applicable law or otherwise impractical. In this final rule, Regulatory Analysis Information and Regulatory Affairs, the NRC is revising its regulations to Office of Management and Budget.
These minor amendments impose no remove the reference to an inspection new restrictions or requirements, and List of Subjects in 10 CFR Part 150 agreement, referred to as the 274i therefore, have no significant impact.
Agreement, with the State of Louisiana. Criminal penalties, Hazardous Accordingly, a regulatory analysis is materials transportation, The inspection agreement entered into considered not necessary and has not pursuant to section 274i of the Atomic Intergovernmental relations, Nuclear been prepared. materials, Reporting and recordkeeping Energy Act allowed the State of Louisiana to perform inspections or Regulatory Flexibility Certification requirements, Security measures.
other functions in offshore waters As required by the Regulatory For the reasons set out in the adjacent to Louisiana on behalf of the Flexibility Act (5 U.S.C. 605(b)), the preamble and under the authority of the NRC. This reference is located in the Commission certifies that this rule will Atomic Energy Act of 1954, as amended; reciprocity regulations in 10 CFR not have a significant economic impact the Energy Reorganization Act of 1974, 150.20. Under section 150.20(c), certain on a substantial number of small as amended; and 5 U.S.C. 552 and 553, general licensees are not required to file entities. This administrative rule is the NRC is adopting the following with the NRC if the licensee provides being revised to remove the reference to amendments to 10 CFR part 150.
timely notification of its offshore an inspection agreement, referred to as activities to the Agreement State that the 274i Agreement, with the State of PART 150EXEMPTIONS AND issued the specific license, and that Louisiana. The inspection agreement CONTINUED REGULATORY State is listed in 150.20(d) as agreeing to entered into pursuant to section 274i of AUTHORITY IN AGREEMENT STATES perform inspections for NRC under a the Atomic Energy Act allowed the State AND IN OFFSHORE WATERS UNDER 274i agreement. Louisiana is the only of Louisiana to perform inspections or SECTION 274 Agreement State listed in the regulation. other functions in offshore waters 1. The authority citation for part 150 This action responds to a request from adjacent to Louisiana on behalf of the continues to read as follows:
the Governor of Louisiana to terminate NRC. This reference is located in the Authority: Sec. 161, 68 Stat. 948, as the agreement. The NRC agreed that the reciprocity regulations in 10 CFR amended, sec. 274, 73 Stat. 688 (42 U.S.C.
274i inspection agreement is no longer 150.20. Under section 150.20(c), certain 2201, 2021); sec. 201, 88 Stat. 1242, as needed and should be terminated. general licensees are not required to file amended (42 U.S.C. 5841). Sections 150.3, Therefore, the NRC is revising the with the NRC if the licensee provides 150.15, 150.15a, 150.31, 150.32 also issued regulations by deleting 150.20 (c) and timely notification of its offshore under secs. 11e(2), 81, 68 Stat. 923, 935, as (d) in their entirety. In the event NRC activities to the Agreement State that amended, secs. 83, 84, 92 Stat. 3033, 3039 (42 enters into a 274i inspection agreement issued the specific license, and that U.S.C. 2014e(2), 2111, 2113, 2114). Section with an Agreement State in the future, State is listed in 150.20(d) as agreeing to 150.14 also issued under sec. 53, 68 Stat. 930, the provisions of 150.20 (c) and (d), perform inspections for NRC under a as amended (42 U.S.C. 2073). Section 150.15 also issued under secs. 135, 141, Pub. Law which were promulgated following 274i agreement. Louisiana is the only 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, notice and comment rulemaking, will be Agreement State listed in the regulation. 10161). Section 150.17a also issued under reinstated via direct final rulemaking. This action responds to a request from sec. 122, 68 Stat. 939 (42 U.S.C. 2152).
This action does not constitute the the Governor of Louisiana to terminate Section 150.30 also issued under sec 234, 83 establishment of a standard that the agreement. The NRC agreed that the Stat. 444 (42 U.S.C. 2282).
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Federal Register / Vol. 66, No. 13 / Friday, January 19, 2001 / Rules and Regulations 5443
§ 150.20 [Amended] our export control system and ease removing Lithuania from Computer Tier
- 2. In § 150.20, paragraph (b)(1), first unnecessary regulatory burdens on both 3 is not effective until 120 days after the sentence, remove the words Except as government and industry. Congress receives a report justifying specified in paragraph (c) of this DATES: This rule is effective January 19, such a removal.
section, shall, add in their place 2001. This rule revises the Export shall and remove paragraphs (c) and FOR FURTHER INFORMATION CONTACT:
Administration Regulations by (d). Tanya Hodge Mottley in the Office of modifying computer exports under Strategic Trade and Foreign Policy License Exception CTP, as follows:
Dated at Rockville, Maryland, this 28th day 1. Moving all Computer Tier 2 of December, 2000. Controls, Bureau of Export countries to Computer Tier 1; For the Nuclear Regulatory Commission. Administration, at (202) 482-1837.
- 2. Raising the CTP limit for computers Patricia G. Norry, SUPPLEMENTARY INFORMATION: eligible for License Exception CTP for Acting Executive Director for Operations. Background exports and reexports to Computer Tier
[FR Doc. 01-1079 Filed 1-18-01; 8:45 am] 3 destinations from 28,000 MTOPS to On January 10, 2001, the President 85,000 MTOPS; BILLING CODE 7590-01-P announced significant changes to U.S. 3. Moving Lithuania to Tier 1 as of export control policy for HPCs. The new May 19, 2001; policy continues the Administrations 4. Revising the CTP range for which DEPARTMENT OF COMMERCE commitment, as announced on July 1, NDAA notification is required for 1999, to review and update its HPC computers exported or reexported to Bureau of Export Administration policy every six months in order to Computer Tier 3 countries; reflect rapid advancements in computer 5. Revising the CTP level of 15 CFR Parts 740, 742, and 748 hardware, as well as identify any risk computers for which PRC End-User
[Docket No. 010112014-1014-01] posed by HPC exports to certain end- Certificates are required as support users and countries. This policy documentation for export under License RIN 0694-AC41 strengthens Americas high tech Exception CTP; and Implementation of Presidential competitiveness, while maintaining 6. Revising the CTP level of the Announcement of January 10, 2001: export controls to protect U.S. national computers that require post shipment Revisions to License Exception CTP security. verification reports for exports to The Administration, in consultation Computer Tier 3 countries.
AGENCY: Bureau of Export with the national security community Administration, Commerce. and industry, has determined that Rulemaking Requirements ACTION: Final rule. additional adjustments are warranted. 1. This final rule has been determined Effective immediately, all countries in to be not significant for purposes of
SUMMARY
- The Bureau of Export Computer Tier 2 have been moved to Executive Order 12866.
Administration (BXA) is amending the Computer Tier 1. Computer Tier 2 has 2. Notwithstanding any other Export Administration Regulations been deleted. Those countries formerly provision of law, no person is required (EAR) by revising License Exception in Computer Tier 2 do not pose to respond to nor be subject to a penalty CTP to reflect rapid technological proliferation or security threats to the for failure to comply with a collection advances in computing capability. This United States. of information subject to the rule implements the Presidents sixth This rule implements the requirements of the Paperwork revision to U.S. export controls on high Administrations decision to increase Reduction Act unless that collection of performance computers (HPCs), License Exception CTP eligibility for information displays a current valid announced January 10, 2001. License HPC exports to countries in Computer OMB Control Number. This regulation Exception CTP is revised by removing Tier 3 by raising the CTP level to 85,000 involves collections previously Computer Tier 2 and merging its MTOPS, to reflect the widespread approved by the Office of Management countries into Computer Tier 1. All availability of computers, including and Budget under control numbers HPCs continue to be eligible for export high performance computing capability 0694-0088, Multi-Purpose to a Computer Tier 1 country under attained by clustering numerous lower Application, which carries a burden License Exception CTP. Additionally, level personal computers together. hour estimate of 45 minutes per manual HPCs with CTP up to 85,000 MTOPS Effective March 20, 2001, this rule submission and 40 minutes per can be exported to Computer Tier 3 raises the advance notification electronic submission. Miscellaneous countries under License Exception CTP, requirement level for HPC exports to and recordkeeping activities account for and beginning March 20, 2001, Computer Tier 3 countries from 28,000 12 minutes per submission. Information exporters will no longer be required to to 85,000 MTOPS. As required by the is also collected under OMB control submit National Defense Authorization NDAA, changes in the advance number 0694-0107, National Defense Act (NDAA) advance notifications for notification level for HPC exports to Authorization Act, Advance HPCs with CTP exceeding 85,000 Tier 3 destinations are only effective 60 Notifications and Post-Shipment MTOPS. The NDAA advance days following the Presidents Verification Reports, which carries a notification will not be required for submission of a report to Congress. In burden hour estimate of 15 minutes per these computers, because exporters will addition, this rule revises the support report. This rule also involves be submitting a license for exports to documentation requirements for collections of information under OMB Computer Tier 3 countries of HPCs with computers exported to the Peoples control number 0694-0073, Export CTP exceeding 85,000 MTOPS. This Republic of China. Controls of High Performance rule also moves Lithuania from This rule removes Lithuania from Computers and OMB control number Computer Tier 3 to Computer Tier 1, Computer Tier 3 and places it in 0694-0093, Import Certificates and effective May 19, 2001. The Presidents Computer Tier 1. However, due to the End-User Certificates.
action will promote our national requirements in the 1998 National 3. This rule does not contain policies security, enhance the effectiveness of Defense Authorization Act (NDAA), with Federalism implications as that VerDate 11<MAY>2000 15:50 Jan 18, 2001 Jkt 194001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\19JAR1.SGM pfrm01 PsN: 19JAR1