Federal Register / Vol. 66, No. 13 / Friday, January 19, 2001 / Rules and Regulations 5441

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 150

RIN 3150–AG60

Termination of Section 274i Agreement

Between the State of Louisiana and the

Nuclear Regulatory Commission

AGENCY: Nuclear Regulatory

Commission.

ACTION: Final rule.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is revising its

regulations to remove the reference to

an inspection agreement, referred to as

the 274i Agreement, with the State of

Louisiana. The inspection agreement

entered into pursuant to section 274i of

the Atomic Energy Act allowed the State

of Louisiana to perform inspections or

other functions in offshore waters

adjacent to Louisiana on behalf of the

NRC. This reference is located in the

reciprocity regulations in 10 CFR

150.20. Under section 150.20(c), certain

general licensees are not required to file

with the NRC if the licensee provides

timely notification of its offshore

activities to the Agreement State that

issued the specific license, and that

State is listed in 150.20(d) as agreeing to

perform inspections for NRC under a

274i agreement. Louisiana is the only

Agreement State listed in the regulation.

This action responds to a request from

the Governor of Louisiana to terminate

the agreement. The NRC agreed that the

274i inspection agreement is no longer

needed and should be terminated.

Therefore, the NRC is revising the

regulations by deleting 150.20 (c) and

(d) in their entirety. In the event NRC

enters into a 274i inspection agreement

with an Agreement State in the future,

the provisions of 150.20(c) and (d),

which were promulgated following

notice and comment rulemaking, will be

reinstated via direct final rulemaking.

DATES: The final rule is effective January

19, 2001.

FOR FURTHER INFORMATION CONTACT:

Stephanie P. Bush-Goddard, Ph.D.,

Office of Nuclear Material Safety and

Safeguards, telephone (301) 415–6257,

e-mail, SPB@nrc.gov, U.S. Nuclear

Regulatory Commission, Washington,

DC 20555–0001.

SUPPLEMENTARY INFORMATION:

Background

In 1967, the State of Louisiana and the

United States Atomic Energy

Commission (now the U.S. Nuclear

Regulatory Commission) entered into an

agreement pursuant to section 274b of

the Atomic Energy Act of 1954, as

amended, to discontinue the

Commission’s regulatory

responsibilities over the use and

possession of certain types of

radioactive material in Louisiana. The

State of Louisiana, in turn, assumed

authority (formerly exercised by the

NRC) over these regulatory activities.

This agreement was noticed in the

Federal Register on May 3, 1967 (32 FR

6806). The discontinuance of the

Commission’s authority became

effective May 1, 1967 and, at the same

time, established Louisiana as an

Agreement State. Additionally, on May

3, 1967 (32 FR 6807), the Commission

published in the Federal Register a

notice of an agreement between the

State of Louisiana and the Commission

that permitted the State to perform

inspections or other functions in

offshore waters adjacent to Louisiana on

behalf of the Commission. This

inspection agreement, entered into

pursuant to section 274i of the Act, did

not expand the State’s regulatory

authority but rather specifically

authorized the State to conduct

inspection activities and other functions

on the Commission’s behalf.

The NRC received a letter from

Louisiana Governor M. J. ‘‘Mike’’ Foster,

Jr., dated March 22, 2000, which

requested termination of the section

274i agreement. The Governor stated

that the termination would become

effective 30 days from receipt of the

letter. The request was filed in

accordance with section 6 of the

inspection agreement, which states:

‘‘* * * This Agreement shall become

effective on May 1, 1967, and shall

remain in effect so long as the 274b

Agreement remains in effect unless

sooner terminated by either party on 30

days’ prior written notice.’’

Governor Foster noted that difficulties

arranging transportation and a lack of

financial and personnel resources made

it burdensome to conduct field activities

for the NRC. The State concluded that

the section 274i inspection agreement

was no longer needed and should be

terminated.

Effective April 26, 2000, the

inspection agreement with the State of

Louisiana and the NRC was terminated.

Beginning April 26, 2000, the NRC, not

the State, began conducting inspections

of NRC-licensed activities in offshore

waters adjacent to Louisiana. In this

final rule, the NRC is issuing a

conforming amendment to its

reciprocity regulations in 10 CFR 150.20

(c) and (d). These sections provide that

a licensee is not required to fulfill

certain NRC reporting requirements for

licensed activities performed in certain

offshore waters. Under section 150.20

(c), certain general licensees are not

required to file with the NRC if the

licensee provides timely notification of

its offshore activities to the Agreement

State that issued the specific license,

and that State is listed in 150.20(d) as

agreeing to perform inspections for NRC

under a 274i agreement. Louisiana was

the only Agreement State listed in the

regulation because it was the only State

which had entered into such an

agreement with the NRC.

In a letter to Governor Foster

acknowledging termination of the 274i

Agreement, the NRC indicated it would

remove from the regulation only the

specific reference to the NRC’s

inspection agreement with Louisiana in

section 150.20(d). However, to promote

clarity in the regulations, these sections

will be removed in their entirety. In the

event NRC enters into a 274i inspection

agreement with an Agreement State in

the future, the provisions of 150.20(c)

and (d), which were promulgated

following notice and comment

rulemaking, will be reinstated via direct

final rulemaking. In a separate

communication, the NRC will provide

guidance to Louisiana licensees on the

impacts that the termination of this

agreement will have on the notification

and fee requirements for activities

conducted in offshore waters.

However, termination of the section

274i inspection agreement does not in

any way affect the existing agreement

between the Commission and the State

of Louisiana entered into pursuant to

section 274b of the Act. Accordingly,

termination of the inspection agreement

does not affect Louisiana’s status as an

Agreement State.

Procedural Background

This amendment involves a

conforming change to NRC’s regulations

to reflect the fact that the State of

Louisiana has terminated the section

274i inspection agreement. Accordingly,

the NRC finds that, pursuant to 5 U.S.C.

553(b)(B), notice and comment is

unnecessary. These amendments are

effective upon publication in the

Federal Register. Good cause exists to

dispense with the usual 30-day delay in

the effective date, because these

amendments are of a minor and

administrative nature, conforming the

NRC’s regulations as a result of the

April 26, 2000 termination of the 274i

agreement with the State of Louisiana.

Agreement State Compatibility

Under the ‘‘Policy Statement on

Adequacy and Compatibility of

Agreement State Programs’’ approved by

the Commission on June 30, 1997, and

5442 Federal Register / Vol. 66, No. 13 / Friday, January 19, 2001 / Rules and Regulations

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 (AEA), 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 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 the use of such a standard

is inconsistent with applicable law or

otherwise impractical. In this final rule,

the NRC is revising its regulations to

remove the reference to an inspection

agreement, referred to as the 274i

Agreement, with the State of Louisiana.

The inspection agreement entered into

pursuant to section 274i of the Atomic

Energy Act allowed the State of

Louisiana to perform inspections or

other functions in offshore waters

adjacent to Louisiana on behalf of the

NRC. This reference is located in the

reciprocity regulations in 10 CFR

150.20. Under section 150.20(c), certain

general licensees are not required to file

with the NRC if the licensee provides

timely notification of its offshore

activities to the Agreement State that

issued the specific license, and that

State is listed in 150.20(d) as agreeing to

perform inspections for NRC under a

274i agreement. Louisiana is the only

Agreement State listed in the regulation.

This action responds to a request from

the Governor of Louisiana to terminate

the agreement. The NRC agreed that the

274i inspection agreement is no longer

needed and should be terminated.

Therefore, the NRC is revising the

regulations by deleting 150.20 (c) and

(d) in their entirety. In the event NRC

enters into a 274i inspection agreement

with an Agreement State in the future,

the provisions of 150.20 (c) and (d),

which were promulgated following

notice and comment rulemaking, will be

reinstated via direct final rulemaking.

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)(2). Therefore, neither an

environmental impact statement nor an

environmental assessment has been

prepared for this final rule.

Paperwork Reduction Act Statement

This final rule does not contain a new

or amended information collection

requirement subject to the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.). Existing requirements were

approved by the Office of Management

and Budget, Approval Number 3150–

0032.

Public Protection Notification

The NRC may not conduct or sponsor,

and a person is not required to respond

to, collection of information unless it

displays a currently valid OMB control

number.

Regulatory Analysis

These minor amendments impose no

new restrictions or requirements, and

therefore, have no significant impact.

Accordingly, a regulatory analysis is

considered not necessary and has not

been prepared.

Regulatory Flexibility Certification

As required by the Regulatory

Flexibility Act (5 U.S.C. 605(b)), the

Commission certifies that this rule will

not have a significant economic impact

on a substantial number of small

entities. This administrative rule is

being revised to remove the reference to

an inspection agreement, referred to as

the 274i Agreement, with the State of

Louisiana. The inspection agreement

entered into pursuant to section 274i of

the Atomic Energy Act allowed the State

of Louisiana to perform inspections or

other functions in offshore waters

adjacent to Louisiana on behalf of the

NRC. This reference is located in the

reciprocity regulations in 10 CFR

150.20. Under section 150.20(c), certain

general licensees are not required to file

with the NRC if the licensee provides

timely notification of its offshore

activities to the Agreement State that

issued the specific license, and that

State is listed in 150.20(d) as agreeing to

perform inspections for NRC under a

274i agreement. Louisiana is the only

Agreement State listed in the regulation.

This action responds to a request from

the Governor of Louisiana to terminate

the agreement. The NRC agreed that the

274i inspection agreement is no longer

needed and should be terminated.

Therefore, the NRC is revising the

regulations by deleting 150.20(c) and (d)

in their entirety. In the event NRC enters

into a 274i inspection agreement with

an Agreement State in the future, the

provisions of 150.20(c) and (d), which

were promulgated following notice and

comment rulemaking, will be reinstated

via direct final rulemaking.

Backfit Analysis

The NRC has determined that the

backfit rule does not apply to this final

rule because this amendment does not

involve any provisions that would

impose backfits as defined in 10 CFR

Chapter 1. Therefore, a backfit analysis

is not required for this final rule.

Small Business Regulatory Enforcement

Fairness Act

In accordance with 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,

Office of Management and Budget.

List of Subjects in 10 CFR Part 150

Criminal penalties, Hazardous

materials transportation,

Intergovernmental relations, Nuclear

materials, Reporting and recordkeeping

requirements, Security measures.

For the reasons set out in the

preamble and under the authority of the

Atomic Energy Act of 1954, as amended;

the Energy Reorganization Act of 1974,

as amended; and 5 U.S.C. 552 and 553,

the NRC is adopting the following

amendments to 10 CFR part 150.

PART 150—EXEMPTIONS AND

CONTINUED REGULATORY

AUTHORITY IN AGREEMENT STATES

AND IN OFFSHORE WATERS UNDER

SECTION 274

1. The authority citation for part 150

continues to read as follows:

Authority: Sec. 161, 68 Stat. 948, as

amended, sec. 274, 73 Stat. 688 (42 U.S.C.

2201, 2021); sec. 201, 88 Stat. 1242, as

amended (42 U.S.C. 5841). Sections 150.3,

150.15, 150.15a, 150.31, 150.32 also issued

under secs. 11e(2), 81, 68 Stat. 923, 935, as

amended, secs. 83, 84, 92 Stat. 3033, 3039 (42

U.S.C. 2014e(2), 2111, 2113, 2114). Section

150.14 also issued under sec. 53, 68 Stat. 930,

as amended (42 U.S.C. 2073). Section 150.15

also issued under secs. 135, 141, Pub. Law

97–425, 96 Stat. 2232, 2241 (42 U.S.C. 10155,

10161). Section 150.17a also issued under

sec. 122, 68 Stat. 939 (42 U.S.C. 2152).

Section 150.30 also issued under sec 234, 83

Stat. 444 (42 U.S.C. 2282).

Federal Register / Vol. 66, No. 13 / Friday, January 19, 2001 / Rules and Regulations 5443

§ 150.20 [Amended]

2. In § 150.20, paragraph (b)(1), first

sentence, remove the words ‘‘Except as

specified in paragraph (c) of this

section, shall’’, add in their place

‘‘shall’’ and remove paragraphs (c) and

(d).

Dated at Rockville, Maryland, this 28th day

of December, 2000.

For the Nuclear Regulatory Commission.

Patricia G. Norry,

Acting Executive Director for Operations.

[FR Doc. 01–1079 Filed 1–18–01; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 740, 742, and 748

[Docket No. 010112014–1014–01]

RIN 0694–AC41

Implementation of Presidential

Announcement of January 10, 2001:

Revisions to License Exception CTP

AGENCY: Bureau of Export

Administration, Commerce.

ACTION: Final rule.

SUMMARY: The Bureau of Export

Administration (BXA) is amending the

Export Administration Regulations

(EAR) by revising License Exception

CTP to reflect rapid technological

advances in computing capability. This

rule implements the President’s sixth

revision to U.S. export controls on high

performance computers (HPCs),

announced January 10, 2001. License

Exception CTP is revised by removing

Computer Tier 2 and merging its

countries into Computer Tier 1. All

HPCs continue to be eligible for export

to a Computer Tier 1 country under

License Exception CTP. Additionally,

HPCs with CTP up to 85,000 MTOPS

can be exported to Computer Tier 3

countries under License Exception CTP,

and beginning March 20, 2001,

exporters will no longer be required to

submit National Defense Authorization

Act (NDAA) advance notifications for

HPCs with CTP exceeding 85,000

MTOPS. The NDAA advance

notification will not be required for

these computers, because exporters will

be submitting a license for exports to

Computer Tier 3 countries of HPCs with

CTP exceeding 85,000 MTOPS. This

rule also moves Lithuania from

Computer Tier 3 to Computer Tier 1,

effective May 19, 2001. The President’s

action will promote our national

security, enhance the effectiveness of

our export control system and ease

unnecessary regulatory burdens on both

government and industry.

DATES: This rule is effective January 19,

2001.

FOR FURTHER INFORMATION CONTACT:

Tanya Hodge Mottley in the Office of

Strategic Trade and Foreign Policy

Controls, Bureau of Export

Administration, at (202) 482–1837.

SUPPLEMENTARY INFORMATION:

Background

On January 10, 2001, the President

announced significant changes to U.S.

export control policy for HPCs. The new

policy continues the Administration’s

commitment, as announced on July 1,

1999, to review and update its HPC

policy every six months in order to

reflect rapid advancements in computer

hardware, as well as identify any risk

posed by HPC exports to certain endusers and countries. This policy

strengthens America’s high tech

competitiveness, while maintaining

export controls to protect U.S. national

security.

The Administration, in consultation

with the national security community

and industry, has determined that

additional adjustments are warranted.

Effective immediately, all countries in

Computer Tier 2 have been moved to

Computer Tier 1. Computer Tier 2 has

been deleted. Those countries formerly

in Computer Tier 2 do not pose

proliferation or security threats to the

United States.

This rule implements the

Administration’s decision to increase

License Exception CTP eligibility for

HPC exports to countries in Computer

Tier 3 by raising the CTP level to 85,000

MTOPS, to reflect the widespread

availability of computers, including

high performance computing capability

attained by clustering numerous lower

level personal computers together.

Effective March 20, 2001, this rule

raises the advance notification

requirement level for HPC exports to

Computer Tier 3 countries from 28,000

to 85,000 MTOPS. As required by the

NDAA, changes in the advance

notification level for HPC exports to

Tier 3 destinations are only effective 60

days following the President’s

submission of a report to Congress. In

addition, this rule revises the support

documentation requirements for

computers exported to the People’s

Republic of China.

This rule removes Lithuania from

Computer Tier 3 and places it in

Computer Tier 1. However, due to the

requirements in the 1998 National

Defense Authorization Act (NDAA),

removing Lithuania from Computer Tier

3 is not effective until 120 days after the

Congress receives a report justifying

such a removal.

This rule revises the Export

Administration Regulations by

modifying computer exports under

License Exception CTP, as follows:

1. Moving all Computer Tier 2

countries to Computer Tier 1;

2. Raising the CTP limit for computers

eligible for License Exception CTP for

exports and reexports to Computer Tier

3 destinations from ‘‘28,000 MTOPS’’ to

‘‘85,000 MTOPS’’;

3. Moving Lithuania to Tier 1 as of

May 19, 2001;

4. Revising the CTP range for which

NDAA notification is required for

computers exported or reexported to

Computer Tier 3 countries;

5. Revising the CTP level of

computers for which PRC End-User

Certificates are required as support

documentation for export under License

Exception CTP; and

6. Revising the CTP level of the

computers that require post shipment

verification reports for exports to

Computer Tier 3 countries.

Rulemaking Requirements

1. This final rule has been determined

to be not significant for purposes of

Executive Order 12866.

2. Notwithstanding any other

provision of law, no person is required

to respond to nor be subject to a penalty

for failure to comply with a collection

of information subject to the

requirements of the Paperwork

Reduction Act unless that collection of

information displays a current valid

OMB Control Number. This regulation

involves collections previously

approved by the Office of Management

and Budget under control numbers

0694–0088, ‘‘Multi-Purpose

Application,’’ which carries a burden

hour estimate of 45 minutes per manual

submission and 40 minutes per

electronic submission. Miscellaneous

and recordkeeping activities account for

12 minutes per submission. Information

is also collected under OMB control

number 0694–0107, ‘‘National Defense

Authorization Act,’’ Advance

Notifications and Post-Shipment

Verification Reports, which carries a

burden hour estimate of 15 minutes per

report. This rule also involves

collections of information under OMB

control number 0694–0073, ‘‘Export

Controls of High Performance

Computers’’ and OMB control number

0694–0093, ‘‘Import Certificates and

End-User Certificates.’’

3. This rule does not contain policies

with Federalism implications as that