This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

40141 

Vol. 86, No. 141 

Tuesday, July 27, 2021 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 110 

[NRC–2021–0026] 

RIN 3150–AK60 

Revisions to Reprocessing Plant 

Components for Export 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is amending its 

export regulations pertaining to the 

illustrative list of reprocessing plant 

components under the NRC’s export 

licensing authority. This final rule is 

necessary to conform the export controls 

of the United States to the international 

export control guidelines of the Nuclear 

Suppliers Group, of which the United 

States is a member. These changes will 

align the NRC’s requirements with the 

current version of the International 

Atomic Energy Agency’s (IAEA) 

document, ‘‘Guidelines for Nuclear 

Transfers’’ (INFCIRC/254/Part 1/ 

Revision 14). 

DATES: This final rule is effective on July 

27, 2021. 

ADDRESSES: Please refer to Docket ID 

NRC–2021–0026 when contacting the 

NRC about the availability of 

information for this action. You may 

obtain publicly available information 

related to this action by any of the 

following methods: 

• Federal Rulemaking Website: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2018–0294. Address 

questions about NRC dockets to Dawn 

Forder; telephone: 301–415–3407; 

email: Dawn.Forder@nrc.gov. 

• 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 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, 301– 

415–4737, or by email to pdr.resource@

nrc.gov. 

• Attention: The PDR, where you may 

examine and order copies of public 

documents, is currently closed. You 

may submit your request to the PDR via 

email at pdr.resource@nrc.gov or call 1– 

800–397–4209 between 8:00 a.m. and 

4:00 p.m. (EST), Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Lauren Mayros, Office of International 

Programs, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001; telephone: 301–287–9088; email: 

Lauren.Mayros@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Discussion 

The purpose of this final rule is to 

revise the NRC’s export regulations in 

part 110 of title 10 of the Code of 

Federal Regulations (10 CFR), ‘‘Export 

and Import of Nuclear Equipment and 

Material,’’ to conform the export 

controls of the United States to the 

international export control guidelines 

of the Nuclear Suppliers Group (NSG), 

of which the United States is a member. 

The NSG is a group of like-minded 

countries that seek to contribute to the 

nonproliferation of nuclear weapons 

through the implementation of 

guidelines for nuclear exports and 

nuclear-related exports. As a 

participating government in the NSG, 

the United States has committed to 

controlling export items on the NSG 

control lists. Participating governments 

are charged with implementing the 

changes adopted to the list as soon as 

possible after approval. The NSG 

Guidelines can be found at: 

www.nuclearsuppliersgroup.org. 

This final rule conforms the NRC’s 

export regulations in 10 CFR part 110 

with recent changes to the NSG 

Guidelines for Nuclear Transfers. These 

changes are necessary in order to align 

appendix I to 10 CFR part 110, 

‘‘Illustrative List of Reprocessing Plant 

Components Under NRC Export 

Licensing Authority,’’ with the changes 

made to Annex B of the NSG Guidelines 

for Nuclear Transfers, entitled ‘‘Plants 

for the reprocessing of irradiated fuel 

elements, and equipment especially 

designed or prepared therefore.’’ The 

NRC has determined that these changes 

are consistent with current U.S. policy, 

and will pose no unreasonable risk to 

the public health and safety or to the 

common defense and security of the 

United States. 

II. Summary of Changes 

10 CFR Part 110 

The recent NSG changes were made to 

Section 3 of Annex B of the Part 1 

Guidelines, entitled ‘‘Plants for the 

reprocessing of irradiated fuel elements, 

and equipment especially designed or 

prepared therefore,’’ which covers 

reprocessing plants and equipment and, 

specifically, different types of 

equipment used to open the fuel 

cladding surrounding uranium fuel. The 

first set of changes were made to 

paragraph 3.1 of Section 3, entitled 

‘‘Irradiated fuel element chopping 

machines.’’ The entry was amended 

with new text that is more neutral in 

clarifying precisely how the fuel 

element is de-cladded to expose the 

irradiated nuclear fuel for further 

processing. The old text focused on 

chopping machines (guillotine-like 

blades that cut the fuel rod into shorter 

pieces without removing the actual 

cladding). The new text makes it clear 

that other methods can be used to declad fuel. The second set of changes 

were made to paragraph 3.2 of Section 

3, entitled ‘‘Dissolvers.’’ This 

amendment broadens the description of 

the referenced dissolvers. The old text 

was focused on ensuring criticality 

safety exclusively through controlling 

the geometry of the tanks. The new 

language clarifies that the tanks are not 

necessarily made safe by geometry 

alone. Other physical means and 

process controls can be used to ensure 

safety. 

The corresponding changes to 10 CFR 

part 110 will be made to appendix I, 

entitled ‘‘Illustrative List of 

Reprocessing Plant Components Under 

NRC Export Licensing Authority.’’ 

Paragraph 3.1 changes to the NSG Part 

1 Guidelines will be made to paragraph 

(1) of appendix I, and Paragraph 3.2 

changes to the NSG Part 1 Guidelines 

will be made to paragraph (2) of 

appendix I. Since the appendix I entries 

of 10 CFR part 110 exactly match the 

Section 3 entries of the NSG Part 1 

Guidelines, the changes to 10 CFR part 

110 will be made exactly as they were 


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40142 Federal Register / Vol. 86, No. 141 / Tuesday, July 27, 2021 / Rules and Regulations 

implemented in the NSG Part 1 

Guidelines. 

III. Rulemaking Procedure 

Because this rule involves a foreign 

affairs function of the U.S., the notice 

and comment provisions of the 

Administrative Procedures Act do not 

apply (5 U.S.C. 553(a)(1)), and good 

cause exists to make this rule 

immediately effective upon publication. 

The effective date for those entities who 

receive actual notice of this rule is the 

date of receipt of this rule. 

IV. Environmental Impact: Categorical 

Exclusion 

The NRC has determined that this 

final rule is the type of action described 

in 10 CFR 51.22(c)(1), which 

categorically excludes from 

environmental review any amendments 

to 10 CFR part 110. Therefore, neither 

an environmental impact statement nor 

an environmental assessment has been 

prepared for this rule. 

V. Paperwork Reduction Act 

This final rule does not contain new 

or amended information collection 

requirements that are 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 under 

approval number 3150–0036. 

VI. Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a collection of information unless the 

document requesting or requiring the 

collection displays a currently valid 

OMB control number. 

VII. Regulatory Analysis 

This final rule revises appendix I to 

10 CFR part 110 to conform to the NRC’s 

changes to Annex B. There is no 

alternative to amending the regulations 

for the export of nuclear equipment and 

material. Therefore, the NRC did not 

develop a regulatory analysis for this 

final rule. This final rule is expected to 

have no changes in the information 

collection burden or cost to the public. 

VIII. Plain Writing 

The Plain Writing Act of 2010 (Pub. 

L. 111–274) requires Federal agencies to 

write documents in a clear, concise, and 

well-organized manner. 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 31885). 

IX. Backfitting and Issue Finality 

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. 

X. Congressional Review Act 

This final rule is a rule as defined in 

the Congressional Review Act (5 U.S.C. 

801–808). However, the Office of 

Management and Budget has not found 

it to be a ‘‘major rule’’ as defined by that 

act. 

List of Subjects in 10 CFR Part 110 

Administrative practice and 

procedure, Classified information, 

Criminal penalties, Exports, 

Incorporation by reference, Imports, 

Intergovernmental relations, Nuclear 

energy, Nuclear materials, Nuclear 

power plants and reactors, Penalties, 

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 in part as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 11, 51, 53, 54, 57, 62, 63, 64, 65, 81, 

82, 103, 104, 109, 111, 121, 122, 123, 124, 

126, 127, 128, 129, 133, 134, 161, 170h, 181, 

182, 183, 184, 186, 187, 189, 223, 234 (42 

U.S.C. 2014, 2071, 2073, 2074, 2077, 2092, 

2093, 2094, 2095, 2111, 2112, 2133, 2134, 

2139, 2141, 2151, 2152, 2153, 2154, 2155, 

2156, 2157, 2158, 2160c, 2160d, 2201, 2210h, 

2231, 2232, 2233, 2234, 2236, 2237, 2239, 

2273, 2282); Energy Reorganization Act of 

1974, sec. 201 (42 U.S.C. 5841); 

Administrative Procedure Act (5 U.S.C. 552, 

553); 42 U.S.C. 2139a, 2155a; 44 U.S.C. 3504 

note. 

Section 110.1(b) also issued under 22 

U.S.C. 2403; 22 U.S.C. 2778a; 50 App. U.S.C. 

2401 et seq. 

* * * * * 

■ 2. In appendix I to part 110, revise 

paragraphs (1) and (2) to read as follows: 

Appendix I to Part 110—Illustrative 

List of Reprocessing Plant Components 

Under NRC Export Licensing Authority 

* * * * * 

(1) Irradiated fuel element decladding 

equipment and chopping machines. 

Remotely operated equipment especially 

designed or prepared for use in a 

reprocessing plant and intended to expose or 

prepare the irradiated nuclear fuel 

assemblies, bundles, or rods for processing. 

This equipment cuts, chops, shears, or 

otherwise breaches the cladding of the fuel 

to expose the irradiated nuclear material for 

processing or prepares the fuel for 

processing. Especially designed cutting 

shears are most commonly employed, 

although advanced equipment, such as 

lasers, peeling machines, or other techniques, 

may be used. Decladding involves removing 

the cladding of the irradiated nuclear fuel 

prior to its dissolution. 

(2) Dissolvers. 

Dissolver vessels or dissolvers employing 

mechanical devices especially designed or 

prepared for use in a reprocessing plant, 

intended for dissolution of irradiated nuclear 

fuel and which are capable of withstanding 

hot, highly corrosive liquid, and which can 

be remotely loaded, operated and 

maintained. 

Dissolvers normally receive the solid, 

irradiated nuclear fuel. Nuclear fuels with 

cladding made of material including 

zirconium, stainless steel, or alloys of such 

materials must be decladded and/or sheared 

or chopped prior to being charged to the 

dissolver to allow the acid to reach the fuel 

matrix. The irradiated nuclear fuel is 

typically dissolved in strong mineral acids, 

such as nitric acid, and any undissolved 

cladding removed. While certain design 

features, such as small diameter, annular, or 

slab tanks may be used to ensure criticality 

safety, they are not a necessity. 

Administrative controls, such as small batch 

size or low fissile material content, may be 

used instead. Dissolver vessels and dissolvers 

employing mechanical devices are normally 

fabricated of material such as low carbon 

stainless steel, titanium or zirconium, or 

other high-quality materials. Dissolvers may 

include systems for the removal of cladding 

or cladding waste and systems for the control 

and treatment of radioactive off-gases. These 

dissolvers may have features for remote 

placement since they are normally loaded, 

operated, and maintained behind thick 

shielding. 

* * * * * 

Dated: July 21, 2021. 

For the Nuclear Regulatory Commission. 

Margaret M. Doane, 

Executive Director for Operations. 

[FR Doc. 2021–15922 Filed 7–26–21; 8:45 am] 

BILLING CODE 7590–01–P 


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