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###### Nuclear Regulatory Commission

          - 10 CFR Part 110
          - [NRC-2011-0264]
          - RIN 3150-AJ06

# AGENCY:

Nuclear Regulatory Commission.

# ACTION:

Final rule.

# SUMMARY:

The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its export and import regulations by removing Oman from the list of restricted destinations. This amendment is necessary to conform the NRC's regulations with U.S. Government foreign policy.

# DATES:

The final rule is effective February 27, 2012.

# ADDRESSES:

You can access publicly available documents related to this final rule using the following methods:
      -  NRC's Public Document Room (PDR):                          The public may examine and have copied, for a fee, publicly available documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.                    
      -  NRC's Agencywide Documents Access and Management System (ADAMS):                          Publicly available documents created or received at the NRC are available online in the NRC Library at                          http://www.nrc.gov/​reading-rm/​adams.html . From this page, the public can gain entry into ADAMS, which provides text and image files of the NRC's public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC's PDR reference staff at 1-800-397-4209, 301-415-4737, or by email to                          pdr.resource@nrc.gov .                    
      -  Federal Rulemaking Web Site:                          Supporting materials related to this final rule can be found at                          http://www.regulations.gov                          by searching on Docket ID NRC-2011-0264. Address questions about NRC dockets to Carol Gallagher, telephone: 301-492-3668; email:                          Carol.Gallagher@nrc.gov .                    

# FOR FURTHER INFORMATION CONTACT:

                        Brooke G. Smith, Senior International Policy Analyst, Office of International Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2347, email:                         *brooke.smith@nrc.gov*.                    

# SUPPLEMENTARY INFORMATION:

## I. Background

                    The purpose of this final rule is to revise the NRC's export and import regulations in Title 10 of the                     *Code of Federal Regulations*                     (10 CFR) Part 110, “Export and Import of Nuclear Equipment and Material,” with regard to U.S. Government law and policy on Oman. The Executive Branch recommended, in light of current foreign policy and nonproliferation-related actions taken and polices pursued by the Government of Oman, that the NRC amend Part 110 to remove Oman from the list of restricted destinations in § 110.29. This means that exports of certain nuclear and byproduct materials to Oman may qualify for the NRC general license specified in §§ 110.21 through 110.24.                          ( print page 11385)    

At present, Oman has no nuclear research or power program; however, Oman does have the need for radioactive sources for legitimate industrial, medical, and research purposes in support of important economic and commercial development projects. Exports of radioactive sources from the United States for such purposes would be facilitated by removal of Oman from the restricted destinations list in Part 110.

The NRC staff has determined that removing Oman from the restricted destinations list is consistent with current U.S. law and policy, and will pose no unreasonable risk to the public health and safety or to the common defense and security of the United States

Because this rule involves a foreign affairs function of the United States, the notice and comment provisions of the Administrative Procedure Act do not apply (5 U.S.C. 553(a)(1)). This rule will become effective immediately upon publication.

## II. Voluntary Consensus Standards

The National Technology Transfer and Advancement Act of 1995 (Pub. L. 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 otherwise impractical. This final rule does not constitute the establishment of a standard for which the use of a voluntary consensus standard would be applicable.

## III. 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). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for the rule.

## IV. Paperwork Reduction Act Statement

                    This final rule does not contain new or amended information collection requirements 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 (OMB), Approval Number 3150-0036.                

### 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.

## V. Regulatory Analysis

Removal of Oman from the restricted destinations list in § 110.29 means that exports of certain radioactive materials to Oman may qualify for the NRC general license specified in §§ 110.21 through 110.24. There is no alternative to amending the regulations for the export and import of nuclear equipment and materials. This final rule is expected to have no changes in the information collection burden or cost to the public.

## VI. Regulatory Flexibility Certification

As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the Commission certifies that this final rule will not have a significant economic impact on a substantial number of small entities. This rule affects only companies exporting nuclear equipment and materials to Oman which do not fall within the scope of the definition of “small entities” set forth in the Regulatory Flexibility Act (5 U.S.C. 601(3)), or the Size Standards established by the NRC (10 CFR 2.810).

## VII. Backfit Analysis

The NRC has determined that a backfit analysis is not required for this rule, because these amendments do not include any provisions that would impose backfits as defined in 10 CFR Chapter I.

## VIII. Congressional Review Act

Under the Congressional Review 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 in 10 CFR Part 110

      - Administrative practice and procedure
      - Classified information
      - Criminal penalties
      - Export
      - Import
      - Intergovernmental relations
      - Nuclear materials
      - Nuclear power plants and reactors
      - Reporting and recordkeeping requirements
      - Scientific equipment

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR part 110.

# PART 110—EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL

1. The authority citation for part 110 continues to read as follows: 

Authority:  Secs. 51, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104, 109, 111, 126, 127, 128, 129, 161, 181, 182, 183, 187, 189, 68 Stat. 929, 930, 931, 932, 933, 936, 937, 948, 953, 954, 955, 956, as amended (42 U.S.C. 2071, 2073, 2074, 2077, 2092-2095, 2111, 2112, 2133, 2134, 2139, 2139a, 2141, 2154-2158, 2201, 2231-2233, 2237, 2239); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841; sec. 5, Pub. L. 101-575, 104 Stat 2835 (42 U.S.C. 2243); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); Energy Policy Act of 2005; Pub. L. 109-58, 119 Stat. 594 (2005).

                            Sections 110.1(b)(2) and 110.1(b)(3) also issued under Pub. L. 96-92, 93 Stat. 710 (22 U.S.C. 2403). Section 110.11 also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152) and secs. 54c and 57d, 88 Stat. 473, 475 (42 U.S.C. 2074). Section 110.27 also issued under sec. 309(a), Pub. L. 99-440. Section 110.50(b)(3) also issued under sec. 123, 92 Stat. 142 (42 U.S.C. 2153). Section 110.51 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 110.52 also issued under sec. 186, 68 Stat. 955 (42 U.S.C. 2236). Sections 110.80-110.113 also issued under 5 U.S.C. 552, 554. Sections 110.130-110.135 also issued under 5 U.S.C. 553. Sections 110.2 and 110.42(a)(9) also issued under sec. 903, Pub. L. 102-496 (42 U.S.C. 2151*et seq.*).                        

§ 110.29 

2. Section 110.29 is amended by removing “Oman” from the list of restricted destinations. 

Dated at Rockville, Maryland, this 14th day of February 2012. 

For the Nuclear Regulatory Commission.

Michael F. Weber,

Acting Executive Director for Operations.

[FR Doc. 2012-4556 Filed 2-24-12; 8:45 am]

BILLING CODE 7590-01-P