[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)]
[Rules and Regulations]
[Pages 19603-19614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09462]
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Rules and Regulations
Federal Register
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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.
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Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Rules and
Regulations
[[Page 19603]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 75
[NRC-2015-0263]
RIN 3150-AJ70
Modified Small Quantities Protocol
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
regulations to collect information on nuclear material possessed by
entities in the U.S. Caribbean Territories, as well as to allow for
International Atomic Energy Agency (IAEA) inspection access, if
requested by the IAEA. This final rule implements the requirements of
``The Agreement between the United States of America and the IAEA for
the application of safeguards in connection with the Treaty for the
Prohibition of Nuclear Weapons in Latin America'' (INFCIRC/366 or U.S.-
IAEA Caribbean Territories Safeguards Agreement), that apply to the
United States (U.S.) based on modifications to this Agreement's small
quantities protocol.
DATES: Effective date: This final rule is effective June 4, 2018.
Compliance date: Compliance with this final rule is required by July 3,
2018.
ADDRESSES: Please refer to Docket ID NRC-2015-0263 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-2015-0263. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available 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,
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.
FOR FURTHER INFORMATION CONTACT: Gregory R. Trussell, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-6445; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The Agreement between the U.S. and the IAEA for the application of
safeguards in connection with the Treaty for the Prohibition of Nuclear
Weapons in Latin America (U.S.-IAEA Caribbean Territories Safeguards
Agreement (ADAMS Accession No. ML17065A218)) entered into force on
April 6, 1989. When the U.S.-IAEA Caribbean Territories Safeguards
Agreement was signed, the U.S. and the IAEA also concluded a ``Small
Quantities Protocol'' (SQP) to the agreement that held in abeyance
almost all reporting and access requirements. The SQPs are designed for
countries with minimal or no nuclear material and activities to
minimize the burden of international safeguards implementation. The
IAEA, as a part of its efforts to strengthen international safeguards
in 2005, identified proliferation concerns associated with holding
certain provisions of the U.S.-IAEA Caribbean Territories Safeguards
Agreement in abeyance through an SQP, and has since urged countries
with an original SQP, including the U.S., to adopt a ``modified SQP''
that would have the effect of taking out of abeyance certain reporting
and inspection requirements of the U.S.-IAEA Caribbean Territories
Safeguards Agreement. The U.S. and the IAEA have agreed on the text for
a modified SQP, which will be brought into force upon an exchange of
diplomatic letters between the U.S. and the IAEA.
When the U.S.-IAEA Caribbean Territories Safeguards Agreement and
its SQP was brought into force in 1989, no revisions were made to part
75 of title 10 of the Code of Federal Regulations (10 CFR),
``Safeguards on Nuclear Material--Implementation of U.S.-IAEA
Agreement,'' as most of the provisions were held in abeyance by the
original SQP. In light of the modified SQP, which takes certain
reporting and inspection provisions of the U.S.-IAEA Caribbean
Territories Safeguards Agreement out of abeyance, the scope and
requirements of 10 CFR part 75 need to be revised to include these
reporting and inspection requirements. The applicable requirements of
the U.S.-IAEA Caribbean Territories Safeguards Agreement, as captured
in the amendments to 10 CFR part 75, impact all entities that possess
source material and special nuclear material within the U.S. Caribbean
Territories.
II. Discussion
A. General Overview
The scope and requirements of 10 CFR part 75 need to be expanded to
include the provisions of the U.S.-IAEA Caribbean Territories
Safeguards Agreement under the modified SQP. The applicable
requirements of the U.S.-IAEA Caribbean Territories Safeguards
Agreement, as captured in the amendments to 10 CFR part 75, impact all
entities that possess source material and special nuclear material
within the U.S. Caribbean Territories, which are defined in the amended
10 CFR part 75 as: Puerto Rico, the U.S. Virgin Islands, Navassa
Island, Serranilla Bank, Baja Nuevo (Petrel Island), and the Guantanamo
Bay Naval Base.
This final rule requires affected entities to:
Provide basic information about the user (e.g., user's
name and address), including organizational structure,
[[Page 19604]]
geographic location, use of the nuclear material, and other relevant
information requested pursuant to the safeguards agreement.
Provide an initial inventory report of all source and
special nuclear material possessed, and an annual inventory report
thereafter. This reporting requirement will also include source
material that is contained in non-nuclear end use applications (e.g.,
depleted uranium shielding).
Provide annual Material Status Reports for nuclear
materials covered by the applicable provisions of the U.S.-IAEA
Caribbean Territories Safeguards Agreement.Provide an inventory change
report when possessors import or export nuclear material (including
shipments between U.S. Territories as well as to and from the 50
States) and provide advance notification, as specified in Sec. Sec.
75.43, 75.44, and 75.45, of such an import or export exceeding one
effective kilogram, as defined in Sec. 75.4.
Provide access for IAEA inspections. These inspections are
expected to occur on an infrequent basis. The scope of IAEA inspections
may include several activities, such as examination of records;
verifying the functioning and calibration of instruments; and utilizing
IAEA equipment for independent measurement, containment (such as a
seal), and/or surveillance.
The regulations in 10 CFR part 75 already contain requirements for
the existing IAEA safeguards agreements to which the U.S. is a party,
i.e., the U.S.-IAEA Safeguards Agreement (INFCIRC/288) (ADAMS Accession
No. ML17065A211) and its associated Additional Protocol. The revised
regulations will clearly delineate which entities are subject to the
requirements under each particular safeguards agreement. It should be
noted that those entities subject to the provisions of the U.S.-IAEA
Caribbean Territories Safeguards Agreement are not subject to the
provisions of the U.S.-IAEA Safeguards Agreement and its associated
Additional Protocol as defined in Sec. 75.4.
B. IAEA Inspections
Possessors of source and special nuclear material in the U.S.
Caribbean Territories will be subject to special and ad hoc inspections
by the IAEA pursuant to the modified SQP. Articles 69, 71, 72, 73, 74,
and 87 of U.S.-IAEA Caribbean Territories Safeguards Agreement that
pertain to IAEA inspections were previously held in abeyance. Through
the modification of the SQP, these Articles will be newly applicable to
possessors of ``nuclear material outside facilities,'' as that term is
defined in revised Sec. 75.4, which means ``nuclear material in the
U.S. Caribbean Territories that is not in a facility, and is
customarily used in amounts of one effective kilogram or less.'' In
order to accommodate these new requirements, the NRC is revising
existing sections of 10 CFR part 75 that pertain to IAEA inspections.
Under existing regulations, IAEA inspections were only applicable to
``facilities,'' under the U.S.-IAEA Safeguards Agreement. However,
through the inclusion of the U.S.-IAEA Caribbean Territories Safeguards
Agreement in the scope of 10 CFR part 75, the NRC is expanding the
applicability of inspection-related sections to include possessors of
nuclear material outside facilities.
C. Records and Reports
Possessors of nuclear material outside facilities in the U.S.
Caribbean Territories will be subject to new recordkeeping and
reporting requirements pursuant to the modified SQP. Articles 7, 12,
32, 47, 60, 66, 67, and 93 of the U.S.-IAEA Caribbean Territories
Safeguards Agreement were either held in abeyance or not applicable;
however, through the modification of the SQP, these Articles will now
be applicable to possessors of nuclear material outside facilities. In
order to accommodate these new requirements, the NRC revised existing
sections of 10 CFR part 75 that pertain to records and reports. Under
existing regulations, recordkeeping and reporting requirements were
only applicable to ``facilities'' and ``locations'' (as defined in
Sec. 75.4). However, through the inclusion of the U.S.-IAEA Caribbean
Territories Safeguards Agreement in the scope of 10 CFR part 75, the
NRC is expanding the applicability of recordkeeping and reporting-
related sections to include possessors of nuclear material outside
facilities.
D. Terminations and Exemptions
The U.S. Government may request termination and exemption from IAEA
safeguards for declared source or special nuclear material under
Articles 11, 13, 33, 34, 35, and 36 of the U.S.-IAEA Caribbean
Territories Safeguards Agreement. Previously, the U.S. Government had
not utilized the termination and exemption provisions under the U.S.-
IAEA Safeguards Agreement, therefore these provisions were not in the
existing regulations in 10 CFR part 75. Due to the anticipated material
types, quantities, and uses of nuclear material in the U.S. Caribbean
Territories, as well as the fact that this safeguards agreement mimics
a comprehensive safeguards agreement for a non-nuclear weapon state,
the U.S. Government anticipates utilizing the exemption and termination
provisions under the U.S.-IAEA Caribbean Territories Safeguards
Agreement. As such, this final rule incorporates termination and
exemption provisions into 10 CFR part 75.
E. New Definitions
Given the addition of the U.S.-IAEA Caribbean Territories
Safeguards Agreement to the scope of 10 CFR part 75, it is necessary to
specifically define and reference each individual safeguards agreement
(i.e., ``U.S.-IAEA Safeguards Agreement'' and ``U.S.-IAEA Caribbean
Territories Safeguards Agreement''). This change is implemented
throughout 10 CFR part 75 to ensure consistency in the use of
terminology, and to distinguish between the requirements of each
safeguards agreement. Furthermore, the new term ``physical location''
is added to 10 CFR part 75 to clarify the difference between geographic
coordinates and the Additional Protocol term of art ``location.'' The
term ``nuclear material outside of facilities'' was added as a new and
distinct term that refers specifically to special nuclear and source
material in the U.S. Caribbean Territories. This new term was necessary
in order to distinguish the requirements of the U.S.-IAEA Caribbean
Territories Safeguards Agreement from the requirements in the other
safeguards agreements that utilize the terms of art ``facilities'' and
``locations.'' The term ``U.S. Caribbean Territories'' was added to
refer to the territories covered by the U.S.-IAEA Caribbean Territories
Safeguards Agreement.
F. General Administrative Matters
To enhance the clarity and consistency of the regulations, several
new definitions are added, and other definitions are revised or
removed. Additionally, this final rule incorporates conforming changes,
punctuation, and grammatical edits. In several sections, a website link
is added to reference existing NRC guidance documents to replace the
requirement for the public to submit a written request for a copy of
the guidance documents.
III. Rulemaking Procedure
Under the Administrative Procedure Act (5 U.S.C. 553(a)(1)), the
normal notice and comment requirements do not apply if the rulemaking
involves a military or foreign affairs function of the U.S. Since this
final rule involves a
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foreign affairs function of the U.S., the notice and comment provisions
of the Administrative Procedure Act do not apply (5 U.S.C. 553(a)(1)).
This final rule will become effective 30 days after its publication in
the Federal Register. The amendments are effective June 4, 2018.
IV. Section-by-Section Analysis
PART 75--SAFEGUARDS ON NUCLEAR MATERIAL--IMPLEMENTATION OF US/IAEA
AGREEMENT
This final rule revises the 10 CFR part 75 title to read:
SAFEGUARDS ON NUCLEAR MATERIAL--IMPLEMENTATION OF SAFEGUARDS AGREEMENTS
BETWEEN THE UNITED STATES AND THE INTERNATIONAL ATOMIC ENERGY AGENCY.
Sec. 75.1 Purpose.
This final rule revises Sec. 75.1 to include all requirements
under any safeguards agreement between the U.S. and the IAEA.
The purpose section is revised to make it generally applicable to
all U.S.-IAEA safeguards agreements utilizing a new term ``safeguards
agreements.'' ``Safeguards agreements'' includes the U.S.-IAEA
Caribbean Territories Safeguards Agreement as well as other existing
U.S.-IAEA safeguards agreements. The word ``physical'' is added in
front of the word ``location'' (to read ``physical location'').
Sec. 75.2 Scope.
This final rule revises Sec. 75.2 to ensure that possessors of
nuclear material outside facilities who are physically located in the
U.S. Caribbean Territories are now included within the scope of the
regulations in 10 CFR part 75. The previous text in Sec. 75.2 is
simplified to remove unnecessary and repetitive references to existing
requirements already enumerated elsewhere in 10 CFR part 75. The
national security exclusion, which previously only referenced the term
``locations,'' a term of art specifically relating to the Additional
Protocol, is changed to reference ``facilities or locations.''
Sec. 75.3 Exemptions.
This final rule revises Sec. 75.3 to reference all safeguards
agreements between the U.S. and the IAEA, using the defined term
``safeguards agreements,'' rather than list each agreement
individually. ``Safeguards agreements'' includes the U.S.-IAEA
Caribbean Territories Safeguards Agreement, as exemptions may apply to
this agreement. Paragraph (b) is moved to new Sec. 75.26, ``Exemptions
from IAEA safeguards.''
Sec. 75.4 Definitions.
This final rule revises Sec. 75.4 by adding definitions to
accommodate the inclusion of the SQP to the U.S.-IAEA Caribbean
Territories Safeguards Agreement in a manner that avoids confusion with
the existing safeguards agreements, removing a definition that was
specific to only one safeguards agreement, and revising certain
definitions to make them generally applicable to all safeguards
agreements. The definition for Agreement is being removed; the
definitions for Inventory change, Key measurement point, Location, and
Safeguards Agreement are being revised; and the definitions for Nuclear
Material Outside Facilities, Person, Physical location, Small
Quantities Protocol, U.S. Caribbean Territories, U.S.-IAEA Caribbean
Territories Safeguards Agreement, and U.S.-IAEA Safeguards Agreement
are being added.
Agreement is being removed because it referred to one specific
safeguards agreement; Sec. 75.4 now includes and defines each specific
safeguards agreement.
Inventory change is being revised to remove the words ``source or
special'' from the definition because the term ``nuclear material'' is
defined under this part to include only source or special nuclear
material.
Key measurement point is being revised to include the word
``physical'' before the word ``location'' so as to remove any potential
confusion between this usage and the term of art ``location'' as it is
used specifically in the Additional Protocol.
Location is revised to read any geographical point or area subject
to IAEA safeguards under the Additional Protocol because it was
identified either by the U.S. in its declarations, or by the IAEA
resulting from a question.
Safeguards Agreement is being revised to read ``Safeguards
Agreements'' such that it includes all current safeguards agreements,
protocols, and subsidiary arrangements, between the U.S. and the IAEA.
Nuclear material outside facilities is being added and means
nuclear material in the U.S. Caribbean Territories that is not in a
facility, and is customarily used in amounts of one effective kilogram
or less.
Person is being added and means (1) any individual, corporation,
partnership, firm, association, trust, estate, public or private
institution, group, government agency other than the Commission or the
U.S. Department of Energy (except that the Department shall be
considered a person within the meaning of the regulations in this part
to the extent that its facilities and activites are subject to the
licensing and related regulatory authority of the Commission pursuant
to law), any State or any political subdivision of, or any political
entity within a State, any foreign government or nation or any
political subdivision of any such government or nation, or other
entity; and (2) any legal successor, representative, agent, or agency
of the foregoing.
Physical location is being added to provide a definition that is
specific to a geographic point or area where nuclear material or
activity resides and to remove any potential confusion with the term of
art ``location'' as it is used specifically in the Additional Protocol.
Small Quantities Protocol is being added and means the Small
Quantities Protocol to the Agreement between the United States of
America and the International Atomic Energy Agency for the Application
of Safeguards in Connection with the Treaty for the Prohibition of
Nuclear Weapons in Latin America (INFCIRC/366).
U.S. Caribbean Territories is being added and means those
territories for which, de jure or de facto, the U.S. is internationally
responsible and which lie within the limits of the geographical zone
established in Article 4 of the Treaty for the Prohibition of Nuclear
Weapons in Latin America and the Caribbean (Tlatelolco Treaty), which
includes: Puerto Rico, the U.S. Virgin Islands, Navassa Island,
Serranilla Bank, Baja Nuevo (Petrel Island), and the Guantanamo Bay
Naval Base.
U.S.-IAEA Caribbean Territories Safeguards Agreement is being added
and means the Agreement between the United States of America and the
International Atomic Energy Agency for the Application of Safeguards in
Connection with the Treaty for the Prohibition of Nuclear Weapons in
Latin America (INFCIRC/366), and all protocols and subsidiary
arrangements thereto.
U.S.-IAEA Safeguards Agreement is being added and means the
Agreement between the United States of America and the IAEA for the
Application of Safeguards in the United States (INFCIRC/288), and all
protocols and subsidiary arrangements thereto.
Sec. 75.6 Facility and location reporting.
This final rule revises the heading for Sec. 75.6 to read
``Reporting requirements for facilities, locations, and nuclear
material outside facilities.'' The requirement to provide advance
[[Page 19606]]
notification of imports, exports, or domestic transfers has been added
to the table in paragraph (c) to correct an oversight from a previous
rulemaking action. The letter ''C'' is being added after ``DOE/NRC Form
742'' under the first item in the table under paragraph (c), to correct
an oversight from a previous rulemaking action. The websites, https://www.nrc.gov/reading-rm/doc-collections/forms and www.AP.gov, where the
forms listed in paragraphs (c) through (d) of Sec. 75.6 can be
accessed, are being added to correct an oversight from a previous
rulemaking action. The phone number for the NRC Headquarters Operations
Center (HOC) is being added to the table in paragraph (c) to clarify
the means of contacting the HOC. Adding the terms ``nuclear material
outside facilities'' and ``safeguards agreements'' to paragraph (b) of
this section makes the U.S.-IAEA Caribbean Territories Safeguards
Agreement generally applicable in this section. The section is being
further revised to include accounting, recordkeeping, and reporting
requirements for those entities subject to the U.S.-IAEA Caribbean
Territories Safeguards Agreement that are physically located in the
U.S. Caribbean Territories. These requirements are listed in the table
under new paragraph (e) and pertain to the requirements as outlined in
Parts I and II of the U.S.-IAEA Caribbean Territories Safeguards
Agreement. Other conforming changes to account for the new information
in paragraph (e) are being made throughout 10 CFR part 75 for
consistency.
Sec. 75.7 Notification of IAEA safeguards.
This final rule reorders and revises Sec. 75.7 for clarity and
changes the reference to ``Safeguards Agreement'' to read ``US-IAEA
Safeguards Agreement,'' and the reference to ``facility or location''
to read ``facility.'' Both changes in reference clarify that a
selection for IAEA safeguards can only be made under the U.S.-IAEA
Safeguards Agreement, and do not pertain to other referenced agreements
in this part, such as the Additional Protocol or the U.S.-IAEA
Caribbean Territories Safeguards Agreement. Minor editorial changes,
such as changing ``Commission'' to read ``NRC,'' are also being made.
Sec. 75.8 IAEA inspections.
This final rule revises Sec. 75.8 to include the term of art
``nuclear material outside facilities,'' which is specific to the U.S.-
IAEA Caribbean Territories Safeguards Agreement, and is included in
paragraphs (a)-(d), which state that the NRC will provide notice in
writing if an IAEA inspection is to occur, and describe the procedures
that must be followed to allow the IAEA access. Paragraph (a) is
revised to include the SQP agreement as allowing for IAEA inspections.
Paragraph (a)(1) is revised to add the types of inspections applicable
to possessors of nuclear material outside facilities located in the
U.S. Caribbean Territories, which are ad hoc and special inspections
only. Paragraph (a)(4) is revised to replace the word ``place'' with
the term physical location to be more specific in where IAEA
inspections may take place. The requirements specific to inspections
for nuclear material outside facilities are located in new paragraphs
(h) and (i), which are parallel in structure to the requirements for
``facilities.'' The text in the original paragraph (h) is revised and
redesignated as new paragraph (j). Minor editorial changes, such as
changing ``Commission'' to read ``NRC,'' are also being made.
Sec. 75.9 Information collection requirements: OMB approval.
This final rule revises Sec. 75.9 to add a reference to new Sec.
75.12 to the list of approved information collection requirements in 10
CFR part 75.
Facility and Location Information
This final rule revises the undesignated center heading, ``Facility
and Location Information'' to read ``Information for Facilities,
Locations, and Nuclear Material Outside Facilities.''
Sec. 75.10 Facility information.
This final rule revises the Sec. 75.10 section heading to read
``Facilities.'' Other minor conforming changes are being made to this
section including changing ``Safeguards Agreement'' to read ``US-IAEA
Safeguards Agreement'' and to include the word ``physical'' before the
word ``location'' to denote when an actual physical location is being
specified and to distinguish it from the ``location'' term of art used
specifically under the Additional Protocol. Minor editorial changes,
such as changing ``Commission'' to read ``NRC,'' are also being made.
Sec. 75.11 Location information.
This final rule revises Sec. 75.11 section heading to read
``Locations.'' Other conforming changes are being made to this section
including adding the word ``physical'' before the word ``location'' to
denote when an actual physical location is being specified and to
distinguish it from the ``location'' term of art used specifically
under the Additional Protocol. Minor editorial changes, such as
changing ``Commission'' to read ``NRC,'' are also being made.
Sec. 75.12 Communication of information to IAEA is revised and
redesignated as Sec. 75.13 Communication of information to IAEA.
This final rule redesignates Sec. 75.12 as new Sec. 75.13 and
adds new Sec. 75.12, ``Nuclear material outside facilities.'' The
records retention requirements in paragraphs (b)(1) and (b)(4) of this
section have been moved to Sec. 75.24, ``Retention of records.'' Minor
conforming changes are being made including changing the references to
individual safeguards agreements to refer collectively to all
safeguards agreements between the U.S. and the IAEA, and adding new
Sec. 75.12 for requirements applicable only to the U.S. Caribbean
Territories. Minor editorial changes, such as changing ``Commission''
to read ``NRC,'' are also being made.
Sec. 75.12 Nuclear material outside facilities.
This final rule adds new Sec. 75.12, which provides details on the
types of information possessors of nuclear material outside facilities
physically located in the U.S. Caribbean Territories are required to
report to the NRC on an annual basis, such as name, mailing address,
use of nuclear material, etc.
Material Accounting and Control For Facilities
This final rule revises the undesignated center heading, ``Material
Accounting and Control For Facilities'' to read ``Material Accounting
and Control'' so that the subpart applies to all entities subject to
material accounting and control requirements, not only to facilities.
Sec. 75.15 Facility attachments.
This final rule revises Sec. 75.15 by making minor conforming
changes, such as changing ``Commission'' to read ``NRC'' and changing
``Safeguards Agreement'' to read ``U.S.-IAEA Safeguards Agreement.''
Sec. 75.21 General requirements.
This final rule revises Sec. 75.21 by adding new paragraph (b) to
include possessors of nuclear material outside facilities, and the
requirement to establish, maintain, and follow written material
accounting and control procedures, pursuant to the U.S.-IAEA Caribbean
Territories Safeguards Agreement. The records retention requirements in
paragraph (a) are moved to Sec. 75.24, ``Retention of records.''
[[Page 19607]]
Minor conforming changes are being made to change the reference from
``Safeguards Agreement'' to read ``U.S.-IAEA Safeguards Agreement'' and
by changing ``Commission'' to read ``NRC.''
Sec. 75.24 Retention of records.
This final rule restructures and revises Sec. 75.24 to include new
paragraphs (a) and (b) to include the records retention requirements
from Sec. 75.21(a) and to specifically list who is required to retain
records and to include the term of art ``nuclear material outside
facilities,'' which is specific to the U.S.-IAEA Caribbean Territories
Safeguards Agreement. Minor editorial changes, such as changing
``Commission'' to read ``NRC,'' are also being made.
IAEA Nuclear Material Exemptions and Terminations
This final rule adds a new undesignated center heading, ``IAEA
Nuclear Material Exemptions and Terminations.''
Sec. 75.26 Exemption from IAEA safeguards and Sec. 75.27 Requirements
for facilities, locations, and nuclear material outside facilities
after issuance of IAEA exemptions.
This final rule adds new Sec. Sec. 75.26 and 75.27 to describe the
types of nuclear material upon which the U.S. Government may request an
exemption from IAEA safeguards and to address the different
requirements after such exemptions have been granted by the IAEA for
facilities, locations, and nuclear material outside facilities.
Sec. 75.28 Termination from IAEA safeguards and Sec. 75.29
Requirements for facilities, locations, and nuclear material outside
facilities after termination from IAEA safeguards.
This final rule adds new Sec. Sec. 75.28 and 75.29 to describe the
conditions under which the U.S. Government may request the termination
of IAEA safeguards and to address the different requirements after such
terminations have been granted by the IAEA for facilities, locations,
and nuclear material outside facilities.
Sec. 75.31 General requirements.
This final rule restructures Sec. 75.31 to include new paragraphs
(a) and (b) to address general accounting, recordkeeping, and reporting
requirements for possessors of nuclear material outside facilities.
Minor editorial changes, such as changing ``Commission'' to read
``NRC,'' are also being made.
Sec. 75.32 Initial inventory report.
This final rule revises Sec. 75.32 to address the specific initial
inventory reporting requirements for both licensees of facilities and
possessors of nuclear material outside facilities and to make minor
editorial changes. Paragraph (a) is revised and split into two
paragraphs: (a) Licensees of facilities and (b) Possessors of nuclear
material outside facilities. Paragraph (b) is revised and redesignated
as new paragraph (c). Paragraph (c) is revised and redesignated as new
paragraph (e). A new paragraph (d) is added. Minor editorial changes,
such as changing ``Commission'' to read ``NRC,'' are also being made.
Sec. 75.33 Accounting reports.
This final rule revises Sec. 75.33 by changing the name of the
``Nuclear Material Transaction Report'' to read ``Inventory Change
Report (Nuclear Material Transaction Report).''
Sec. 75.34 Inventory change reports.
This final rule revises Sec. 75.34 to include possessors of
nuclear material outside facilities in the requirement to submit
inventory change reports and to include time submittal requirements.
New paragraph (b)(4) is added to address the specific import
requirements for possessors of nuclear material outside facilities. The
previously undesignated sentence after paragraph (a)(2) but before
paragraph (b) is revised and designated as paragraph (b)(3). The
paragraphs previously designated (b)(1) and (2) are redesignated as
paragraphs (c)(1) and (2) to explain when a U.S. Department of Energy
(DOE)/NRC Form 740M must be completed. Websites that contain the Office
of Management and Budget (OMB)-approved NUREG guidance documents are
included in new paragraph (d). Minor editorial changes are being made,
such as changing the name ``Nuclear Material Transaction Reports'' to
read ``Inventory Change Report (Nuclear Material Transaction Report).''
Sec. 75.35 Material status reports.
This final rule revises Sec. 75.35 to include possessors of
nuclear material outside facilities in the requirement to submit
material status reports. New paragraphs (c)-(e) are being added.
Paragraph (c) is added to include possessors of nuclear material
outside facilities to the requirement to submit material status
reports. Paragraph (d) is added to clarify when a material status
report must be accompanied by DOE/NRC Form 740M. Paragraph (e) is added
to clarify where the forms and their instructions may be accessed.
Furthermore, a specific 12-month reporting period is being added. Minor
editorial changes, such as changing ``Commission'' to read ``NRC,'' are
also being made.
Sec. 75.36 Special reports.
This final rule revises Sec. 75.36 to include possessors of
nuclear material outside facilities in the requirements for submitting
special reports. Paragraph (c) is removed and the text is revised and
redesignated as paragraphs (b)(1) and (2). Minor editorial changes,
such as changing ``Commission'' to read ``NRC,'' are also being made.
Sec. 75.43 Circumstances requiring advance notification.
This final rule revises Sec. 75.43 by modifying paragraph (a) to
make the section generally applicable to any person subject to any
U.S.-IAEA safeguards agreement. Minor editorial changes, such as
changing ``Commission'' to read ``NRC,'' are also being made.
Sec. 75.46 Expenses.
This final rule revises Sec. 75.46 to make it generally applicable
to any person subject to any U.S.-IAEA safeguards agreement. Minor
editorial changes, such as changing ``Commission'' to read ``NRC,'' are
also being made.
Sec. 75.53 Criminal penalties.
This final rule revises paragraph (b) by changing the reference
Sec. 75.12 to its new designation as Sec. 75.13 and by adding new
Sec. Sec. 75.26 through 75.29.
V. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), the NRC
certifies that this final rule will not have a significant economic
impact on a substantial number of small entities. This final rule
affects two ``small entities'' as defined by the Regulatory Flexibility
Act or the size standards established by the NRC (10 CFR 2.810).
VI. Regulatory Analysis
A regulatory analysis has not been prepared for this final rule.
The information reported is necessary to satisfy U.S. Government
obligations with the IAEA under the Agreement between the U.S. and the
IAEA for the application of safeguards in connection with the Treaty
for the Prohibition of Nuclear Weapons in Latin America, (INFCIRC/366
or ``U.S.-IAEA Caribbean Territories Safeguards Agreement'').
VII. Backfitting and Issue Finality
The NRC has determined that the backfit rule (Sec. Sec. 50.109,
70.76, 72.62, or
[[Page 19608]]
76.76) does not apply to this final rule because this amendment does
not involve any provisions that would impose backfits as defined in the
backfit rule. Implementation of the U.S.-IAEA Caribbean Territories
Safeguards Agreement and its modified SQP will not involve backfitting
or issue finality considerations. The entities subject to the revised
requirements needed to implement the modified SQP are not accorded
backfitting or issue finality protection. Therefore, a backfit analysis
is not required.
VIII. Cumulative Effects of Regulation
This final rule will take maximum advantage of the existing
requirements in 10 CFR part 75 for those persons possessing nuclear
material to maintain records of their receipt, shipment, and disposal
of nuclear material and to submit reports on their holdings of nuclear
material. Furthermore, the NRC will use existing OMB approved forms for
reporting information on nuclear material.
IX. 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
31883).
X. 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 rules that are corrective or of a minor, nonpolicy
nature and do not substantially modify existing regulations. Therefore,
neither an environmental impact statement nor an environmental
assessment has been prepared for this final rule.
XI. Paperwork Reduction Act
This final rule contains a revision to existing collections of
information subject to the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.). The collections of information were approved by the OMB,
approval numbers 3150-0003, 3150-0004, 3150-0055, 3150-0057, and 3150-
0058.
The burden to the public for the information collection(s) is
estimated to average 3 hours per response, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
information collection.
Persons licensed to possess specified quantities of nuclear
material currently report inventory and transaction of material to the
Nuclear Materials Management and Safeguards System via the DOE/NRC
Forms: DOE/NRC Form 740M, Concise Note; DOE/NRC Form 741, Nuclear
Material Transaction Report; DOE/NRC Form 742, Material Balance Report;
and DOE/NRC Form 742C, Physical Inventory Listing. This collection is
being renewed to include approximately 25 entities (9 have been
identified) subject to the U.S.-IAEA Caribbean Territories Safeguards
Agreement (INFCIRC/366). Part 75 of 10 CFR requires licensees to
provide reports of nuclear material inventory and flow for entities
under the U.S.-IAEA Caribbean Territories Safeguards Agreement
(INFCIRC/366), permit inspections by IAEA inspectors, give immediate
notice to the NRC in specified situations involving the possibility of
loss of nuclear material, and give notice for imports and exports of
specified amounts of nuclear material. These licensees will also follow
written material accounting and control procedures, although actual
reporting of transfer and material balance records to the IAEA will be
done through the U.S. State System of Accounting and Control (Nuclear
Materials Management and Safeguards System, collected under OMB
clearance numbers 3150-0003, 3150-0004, 3150-0055, 3150-0057, and 3150-
0058).
The NRC needs this information to implement its international
safeguards obligations under the U.S.-IAEA Caribbean Territories
Safeguards Agreement (INFCIRC/366).
You may submit comments on any aspect of the information
collection(s), including suggestions for reducing the burden, by the
following methods:
Federal rulemaking website: Go to http://www.regulations.gov and
search for Docket ID NRC-2015-0263.
Mail comments to: Information Services Branch, Office of
the Chief Information Officer, Mail Stop: T-2 F43, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001 or to Aaron Szabo,
Desk Officer, Office of Information and Regulatory Affairs (3150-0004,
-0005, -0055, -0056, and -0057), NEOB-10202, Office of Management and
Budget, Washington, DC 20503; telephone: 202-395-3621, email:
[email protected].
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.
XII. Congressional Review Act
This final rule is a rule as defined in the Congressional Review
Act (5 U.S.C. 801-808). However, OMB has not found it to be a major
rule as defined in the Congressional Review Act.
XIII. Agreement State Compatibility
Under the ``Policy Statement on Adequacy and Compatibility of
Agreement State Programs'' approved by the Commission on June 30, 1997,
and 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, 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.
XIV. Availability of Guidance
The NRC has revised NUREG/BR-0006, ``Instructions for Completing
Nuclear Material Transaction Reports'' (ADAMS Accession Nos.
ML17026A069), and NUREG/BR-0007, ``Instructions for the Preparation and
Distribution of Material Status Reports'' (Accession Nos. ML17026A076),
to add an SQP-specific appendix. Public comment will be sought by the
NRC for the next revisions of NUREG/BR-0006 and NUREG/BR-0007 (separate
from this final rule), anticipated in calendar year 2018.
List of Subjects in 10 CFR Part 75
Criminal penalties, Intergovernmental relations, Nuclear energy,
Nuclear materials, Nuclear power plants and reactors, Penalties,
Reporting and recordkeeping requirements, Security measures, Treaties.
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 75:
[[Page 19609]]
PART 75--SAFEGUARDS ON NUCLEAR MATERIAL--IMPLEMENTATION OF
SAFEGUARDS AGREEMENTS BETWEEN THE UNITED STATES AND THE
INTERNATIONAL ATOMIC ENERGY AGENCY
0
1. The authority citation for part 75 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 53, 63, 103, 104,
122, 161, 223, 234, 1701 (42 U.S.C. 2073, 2093, 2133, 2134, 2152,
2201, 2273, 2282, 2297f); Energy Reorganization Act of 1974, sec.
201 (42 U.S.C. 5841); Nuclear Waste Policy Act of 1982, secs. 135,
141 (42 U.S.C. 10155, 10161); 44 U.S.C. 3504 note.
0
2. Revise the heading of part 75 to read as set forth above.
0
3. Revise Sec. 75.1 to read as follows:
Sec. 75.1 Purpose.
The purpose of this part is to implement the requirements
established by the safeguards agreements between the United States
(U.S.) and the International Atomic Energy Agency (IAEA). This part
contains requirements to ensure that the U.S. meets its nuclear non-
proliferation obligations under the safeguards agreements. These
obligations include providing information to the IAEA on the physical
location of applicant, licensee, or certificate holder activities;
information on source and special nuclear materials; and access to the
physical location of applicant, licensee, or certificate holder
activities. These obligations are similar to the obligations accepted
by other countries.
0
4. Revise Sec. 75.2 to read as follows:
Sec. 75.2 Scope.
(a) The regulations in this part apply to all persons licensed by
the Nuclear Regulatory Commission (NRC) or an Agreement State; who hold
a certificate of compliance, construction permit or authorization
issued by the NRC; who have filed an application with the NRC to
construct a facility or to receive source or special nuclear material;
or who possess source or special nuclear material subject to NRC
regulation under 10 CFR Chapter I.
(b) The regulations in this part do not apply to facilities or
locations determined by the U.S. Government to be associated with
activities or information of direct national security significance.
0
5. Revise Sec. 75.3 to read as follows:
Sec. 75.3 Exemptions.
The NRC may, upon application of any interested person or upon its
own initiative, grant exemptions from the requirements of this part
that it determines are authorized by law and consistent with the
safeguards agreements, are not inimical to the common defense and
security, and are otherwise in the public interest.
0
6. Amend Sec. 75.4 by:
0
a. Removing the definition of Agreement;
0
b. Revising the definitions of Inventory change, Key measurement point,
and Location;
0
c. Adding definitions in alphabetical order for Nuclear Material
Outside Facilities, Person, and Physical location;
0
d. Remove the definition for Safeguards Agreement;
0
e. Adding definitions in alphabetical order for Safeguards Agreements,
Small Quantities Protocol, U.S. Caribbean Territories, U.S.-IAEA
Caribbean Territories Safeguards Agreement, and U.S.-IAEA Safeguards
Agreement.
The revisions and additions read as follows:
Sec. 75.4 Definitions.
* * * * *
Inventory change means an increase or decrease in the quantity of
nuclear material in an IAEA material balance area.
Key measurement point means a physical location where nuclear
material appears in such a form that it may be measured to determine
material flow or inventory. Key measurement points include, but are not
limited to, inputs and outputs (including measured discards) and
storages in IAEA material balance areas.
Location means any geographical point or area subject to IAEA
safeguards under the Additional Protocol because it was identified
either by the U.S. in its declarations, or by the IAEA resulting from a
question.
* * * * *
Nuclear material outside facilities means nuclear material in the
U.S. Caribbean Territories that is not in a facility, and is
customarily used in amounts of one effective kilogram or less.
Person means:
(1) Any individual, corporation, partnership, firm, association,
trust, estate, public or private institution, group, government agency
other than the Commission or the U.S. Department of Energy (except that
the Department shall be considered a person within the meaning of the
regulations in this part to the extent that its facilities and
activities are subject to the licensing and related regulatory
authority of the Commission pursuant to law) any State or any political
subdivision of, or any political entity within a State, any foreign
government or nation or any political subdivision of any such
government or nation, or other entity; and
(2) Any legal successor, representative, agent, or agency of the
foregoing.
Physical location means a specific geographical point or area,
where either nuclear material subject to Safeguards Agreements resides
or an activity subject to the Safeguards Agreements occurs.
Safeguards Agreements means the Agreement between the United States
of America and the IAEA for the Application of Safeguards in the United
States (INFCIRC/288) and all protocols and subsidiary arrangements
thereto, and the Agreement between the United States and the
International Atomic Energy Agency for the Application of Safeguards in
Connection with the Treaty for the Prohibition of Nuclear Weapons in
Latin America (INFCIRC/366) and all protocols and subsidiary
arrangements thereto.
Small Quantities Protocol means the Small Quantities Protocol to
the Agreement between the United States of America and the
International Atomic Energy Agency for the Application of Safeguards in
Connection with the Treaty for the Prohibition of Nuclear Weapons in
Latin America (INFCIRC/366).
* * * * *
U.S. Caribbean Territories means those territories for which, de
jure or de facto, the U.S. is internationally responsible and which lie
within the limits of the geographical zone established in Article 4 of
the Treaty for the Prohibition of Nuclear Weapons in Latin America and
the Caribbean (Tlatelolco Treaty), which includes: Puerto Rico, the
U.S. Virgin Islands, Navassa Island, Serranilla Bank, Baja Nuevo
(Petrel Island), and the Guantanamo Bay Naval Base.
U.S.-IAEA Caribbean Territories Safeguards Agreement means the
Agreement between the United States of America and the IAEA for the
Application of Safeguards in Connection with the Treaty for the
Prohibition of Nuclear Weapons in Latin America (INFCIRC/366), and all
protocols and subsidiary arrangements thereto.
U.S.-IAEA Safeguards Agreement means the Agreement between the
United States of America and the International Atomic Energy Agency for
the Application of Safeguards in the United States (INFCIRC/288), and
all protocols and subsidiary arrangements thereto.
[[Page 19610]]
0
7. Amend Sec. 75.6 by revising section heading and paragraphs (b) and
(c) and adding paragraph (e) to read as follows:
Sec. 75.6 Reporting requirements for facilities, locations, and
nuclear material outside facilities.
* * * * *
(b) Each applicant, licensee, certificate holder, or possessor of
nuclear material outside facilities, who has been given notice by the
NRC in writing that it is required to report under Safeguards
Agreements for its facility, nuclear material outside facilities, or
location, shall make its initial and subsequent reports, including
attachments, in an appropriate format defined in the instructions. The
DOE/NRC forms and their instructions may be accessed at https://www.nrc.gov/reading-rm/doc-collections/forms. The AP-A and associated
forms may be accessed at www.AP.gov.
(c) Facilities--Specific information regarding facilities is to be
reported as follows:
------------------------------------------------------------------------
Item Section Manner of delivery
------------------------------------------------------------------------
Initial Inventory Report........ 75.32 As specified by printed
instructions for
preparation of DOE/NRC
Form-742C.
Inventory Change Reports........ 75.34 As specified by printed
instructions for
preparation of DOE/NRC
Form-741 and Form-740M.
Material Status Reports......... 75.35 As specified by printed
instructions for
preparation of DOE/NRC
Form-742, Form-742C,
and Form-740M.
Special Reports................. 75.36 To the NRC Headquarters
Operations Center
(commercial telephone
number 301-816-5100).
Advance Notification of Import 75.43 In writing to the NRC,
and Exports or of Domestic as specified in
Transfers. 75.6(a), 75.44, and
75.45.
Facility information............ 75.10(d) As specified by printed
instructions for Form N-
71 and associated
forms.
Site information................ 75.10(e) As specified by printed
instructions for
preparation of DOC/NRC
Form AP-A and
associated forms.
------------------------------------------------------------------------
* * * * *
(e) Nuclear material outside facilities--Specific information
regarding nuclear material outside facilities in the U.S. Caribbean
Territories is to be reported as follows:
------------------------------------------------------------------------
Item Section Manner of delivery
------------------------------------------------------------------------
Initial Inventory Report........ 75.32 As specified by printed
instructions for
preparation of DOE/NRC
Form-742C and DOE/NRC
Form 740M.
Inventory Change Reports........ 75.34 As specified by printed
instructions for
preparation of DOE/NRC
Form-741 and DOE/NRC
Form-740M.
Material Status Reports......... 75.35 As specified by printed
instructions for
preparation of DOE/NRC
Form-742, DOE/NRC Form-
742C, and DOE/NRC Form-
740M.
Special Reports................. 75.36 To the NRC Headquarters
Operations Center
(commercial telephone
number 301-816-5100).
Advance Notification of Import 75.43 In writing to the NRC,
and Exports or of Domestic as specified in
Transfers. 75.6(a), 75.43, 75.44,
and 75.45.
Nuclear Material Outside 75.12 As specified by printed
Facilities Information. instructions for
preparation of DOE/NRC
Form 740M.
------------------------------------------------------------------------
0
8. Revise Sec. 75.7 to read as follows:
Sec. 75.7 Notification of IAEA safeguards.
(a) The NRC, by written notice, will inform the applicant,
licensee, or certificate holder of those facilities subject to the
application of IAEA safeguards under the U.S.-IAEA Safeguards
Agreement.
(b) The licensee must inform the NRC in accordance with Sec.
75.6(c):
(1) Before the licensee begins an activity that may be subject to
the U.S-IAEA Safeguards Agreement; or
(2) Within 30 days of beginning an activity subject to the
Additional Protocol.
(c) The notice provided under paragraph (a) of this section is
effective until the NRC informs the licensee or certificate holder, in
writing, that its facility is no longer so designated. Whenever a
previously designated facility is no longer subject to the application
of IAEA safeguards under the U.S.-IAEA Safeguards Agreement, the NRC
will give the licensee or certificate holder prompt notice to that
effect.
0
9. In Sec. 75.8, revise paragraphs (a) introductory text, (a)(1) and
(4), and (b) through (d); redesignate paragraph (h) as paragraph (j)
and revise it, and add new paragraph (h) and paragraph (i) to read as
follows:
Sec. 75.8 IAEA inspections.
(a) As provided in the U.S.-IAEA Safeguards Agreement and
Additional Protocol, inspections may be ad hoc, routine, special, or a
complementary access (or a combination of the foregoing). As provided
in the Small Quantities Protocol of the U.S.-IAEA Caribbean Territories
Safeguards Agreement, inspections may be ad hoc or special. The
objectives of the IAEA inspectors in the performance of inspections are
as follows:
(1) Ad hoc inspections to verify information contained in the
licensee's, applicant's, certificate holder's, or possessor's of
nuclear material outside facilities facility information or initial
inventory report, or to identify and verify changes in the situation
that have occurred after the inventory date under Sec. 75.32(a) or (b)
at any physical location where the initial inventory report or any
inspections carried out indicate that nuclear material subject to
safeguards pursuant to the Safeguards Agreements may be present;
* * * * *
(4) Special inspections may be conducted at any of the physical
locations specified above and any
[[Page 19611]]
additional places where the NRC (in coordination with other Federal
agencies), in response to an IAEA request, finds access to be
necessary;
* * * * *
(b) The NRC will notify the applicant, licensee, certificate
holder, or possessor of nuclear material outside facilities of each
such inspection or complementary access in writing as soon as possible
after receiving the IAEA's notice from the U.S. Department of State.
The applicant, licensee, certificate holder, or possessor of nuclear
material outside facilities should consult with the NRC immediately if
the inspection or complementary access would unduly interfere with its
activities or if its key personnel cannot be available.
(c) Each applicant, licensee, certificate holder, or possessor of
nuclear material outside facilities subject to the provisions of this
part shall recognize as a duly authorized representative of the IAEA
any person bearing IAEA credentials for whom the NRC has provided
written or electronic authorization that the IAEA representative is
permitted to conduct inspection activities on specified dates. If the
IAEA representative's credentials have not been confirmed by the NRC,
the applicant, licensee, certificate holder, or possessor of nuclear
material outside facilities shall not admit the person until the NRC
has confirmed the person's credentials. The applicant, licensee,
certificate holder, or possessor of nuclear material outside facilities
shall notify the NRC promptly, by telephone, whenever an IAEA
representative arrives at a facility, nuclear material outside
facilities, or location without advance notification. The applicant,
licensee, certificate holder, or possessor of nuclear material outside
facilities shall also contact the NRC, by telephone, within 1 hour with
respect to the credentials of any person who claims to be an IAEA
representative and shall accept written or electronic confirmation of
the credentials from the NRC. Confirmation may be requested through the
NRC Operations Center (commercial telephone number 301-816-5100).
(d) Each applicant, licensee, certificate holder, or possessor of
nuclear material outside facilities subject to the provisions of this
part shall allow the IAEA opportunity to conduct an NRC-approved
inspection or complementary access of the facility, nuclear material
outside facilities, or location to verify the information submitted
under Sec. Sec. 75.10 through 75.12 and 75.31 through 75.43. The NRC
will assign an employee to accompany IAEA representative(s) at all
times during the inspection or complementary access. The applicant,
licensee, certificate holder, or possessor of nuclear material outside
facilities may accompany IAEA representatives who inspect or access the
facility, nuclear material outside facilities, or location. The IAEA
representatives should not be delayed or otherwise impeded in the
exercise of their duties.
* * * * *
(h) Each possessor of nuclear material outside facilities shall
permit the IAEA, in conducting an ad hoc or special inspection for
nuclear material outside facilities, to:
(1) Observe that the measurements of nuclear material at key
measurement points for material balance accounting are representative;
(2) Verify the function and calibration of instruments and other
measurement control equipment;
(3) Observe that samples at key measurement points for material
balance accounting are taken in accordance with procedures that produce
representative samples, observe the treatment and analysis of the
samples, and obtain duplicates of these samples;
(4) Arrange to use the IAEA's own equipment for independent
measurement and surveillance; and
(5) Perform other measures requested by the IAEA and approved by
the NRC.
(i) Each possessor of nuclear material outside facilities shall, at
the request of an IAEA inspector during an ad hoc or special inspection
for nuclear material outside facilities:
(1) Ship material accountancy samples taken for the IAEA's use, in
accordance with applicable packaging and export licensing regulations,
by the method of carriage and to the address specified by the
inspector; and
(2) Take other actions contemplated by the U.S.-IAEA Caribbean
Territories Safeguards Agreement and included in the safeguards
approach approved by the United States and the IAEA, including but not
limited to the following examples:
(i) Enabling the IAEA to arrange to install its equipment for
measurement and surveillance;
(ii) Enabling the IAEA to apply its seals and other identifying and
tamper-indicating devices to containers;
(iii) Making additional measurements and taking additional samples
for the IAEA's use;
(iv) Analyzing the IAEA's standard analytical samples;
(v) Using appropriate standards in calibrating instruments and
other equipment; and
(vi) Carrying out other calibrations.
(j) Nothing in this section requires or authorizes an applicant,
licensee, certificate holder, or possessor of nuclear material outside
facilities to carry out any operation that would otherwise constitute a
violation of the terms of any applicable license, regulation, or order
of the NRC.
Sec. 75.9 [Amended]
0
10. In Sec. 75.9, in paragraph (b), add the number ``75.12'' in
numerical order.
0
11. Revise the undesignated center heading ``FACILITY AND LOCATION
INFORMATION'' to read ``INFORMATION FOR FACILITIES, LOCATIONS, AND
NUCLEAR MATERIAL OUTSIDE FACILITIES''.
0
12. In Sec. 75.10:
0
a. Revise the section heading;
0
b. In paragraphs (a) and (c)(2) remove the phrase ``Safeguards
Agreement'' wherever it may appear and add in its place the phrase
``U.S.-IAEA Safeguards Agreement'';
0
c. In paragraphs (b)(1) and (2) and (d)(5), remove the word
``location'' and add in its place the phrase ``physical location''; and
0
d. Wherever it may appear, remove the word ``Commission'' and add in
its place the word ``NRC''.
The revision reads as follows:
Sec. 75.10 Facilities.
* * * * *
0
13. In Sec. 75.11:
0
a. Revise the section heading;
0
b. Remove the word ``Commission'' and add in its place the word ``NRC''
in the introductory text; and
0
c. In paragraphs (b)(1) and (3) and (5) through (7), wherever it may
appear, remove the word ``location'' and add in its place the phrase
``physical location''.
The revision reads as follows:
Sec. 75.11 Locations.
* * * * *
Sec. 75.12 [Redesignated as Sec. 75.13]
0
14. Redesignate Sec. 75.12 as Sec. 75.13 and revise it add new Sec.
75.12 to read as follows:
Sec. 75.12 Nuclear material outside facilities.
A possessor of nuclear material outside facilities shall provide to
the NRC the possessor's name and mailing address, physical location of
the nuclear material, use of nuclear material, and nuclear material
accounting and control procedures, including organizational
responsibilities for accountancy and control. This information must be
provided annually with the material status report in accordance with
Sec. Sec. 75.6(e) and 75.35(c).
[[Page 19612]]
Sec. 75.13 Communication of information to the International Atomic
Energy Agency (IAEA).
(a) Except as otherwise provided in this section, the NRC will
furnish to the IAEA all information submitted under Sec. Sec. 75.10,
75.11, 75.12, and 75.31 through 75.43.
(b)(1) An applicant, licensee, certificate holder, or possessor of
nuclear material outside facilities may request that information of
particular sensitivity, that it customarily holds in confidence, not be
transmitted physically to the IAEA. An applicant, licensee, certificate
holder, or possessor of nuclear material outside facilities who makes
this request shall, at the time the information is submitted, identify
the pertinent document or part thereof and make a full statement of the
reasons supporting the request.
(2) In considering such a request, it is the policy of the NRC to
achieve an effective balance between legitimate concerns of licensees,
applicants, certificate holders, or possessors of nuclear material
outside facilities, including protection of the competitive position of
the owner of the information, and the undertaking of the United States
to cooperate with the IAEA to facilitate the implementation of the
safeguards provided for in the Safeguards Agreements. The NRC will take
into account the obligation of the IAEA to take every precaution to
protect commercial and industrial secrets and other confidential
information coming to its knowledge in the implementation of the
safeguards agreements.
(3) A request made under Sec. 2.390 of this chapter will not be
treated as a request under this section unless the application makes
specific reference to this section, nor shall a determination to
withhold information from public disclosure necessarily require a
determination that such information not be transmitted physically to
the IAEA.
(4) If a request is granted, the NRC will determine a physical
location where the information will remain readily available for
examination by the IAEA and will so inform the applicant, licensee,
certificate holder, or possessor of nuclear material outside
facilities.
(c) A request made under Sec. 2.390(b) of this chapter will not be
treated as a request under this section unless the application makes
specific reference to this section, nor shall a determination to
withhold information from public disclosure necessarily require a
determination that this information not be transmitted physically to
the IAEA.
(d) Where consistent with the Safeguards Agreements, the NRC may at
its own initiative, or at the request of a licensee, determine that any
information submitted under Sec. Sec. 75.10, 75.11, and 75.12 shall
not be physically transmitted to, or made available for examination by,
the IAEA.
0
15. Revise the undesignated center heading ``MATERIAL ACCOUNTING AND
CONTROL FOR FACILITIES'' to read ``MATERIAL ACCOUNTING AND CONTROL''.
Sec. 75.15 [Amended]
0
16. In Sec. 75.15:
0
a. Wherever it may appear, remove the phrase ``Safeguards Agreement''
and add in its place the phrase ``U.S.-IAEA Safeguards Agreement''; and
0
b. Wherever it may appear, remove the word ``Commission'' and add in
its place the word ``NRC''.
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17. In Sec. 75.21, revise paragraph (a), redesignate paragraphs (b)
through (d) as paragraphs (c) through (e), and add new paragraph (b) to
read as follows:
Sec. 75.21 General requirements.
(a) Each licensee or certificate holder who has been given notice
by the NRC in writing that its facility has been identified under the
U.S.-IAEA Safeguards Agreement shall establish, maintain, and follow
written material accounting and control procedures.
(b) Each possessor of nuclear material outside facilities in the
U.S. Caribbean Territories shall establish, maintain, and follow
written material accounting and control procedures.
* * * * *
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18. Revise Sec. 75.24 to read as follows:
Sec. 75.24 Retention of records.
(a) The applicant, licensee, certificate holder, or possessor of
nuclear material outside facilities shall retain as a record any
request made pursuant to Sec. Sec. 75.13(b)(1), 75.13(b)(4), and 75.21
and documents related to that request, which are either prepared or
received by that entity, until the NRC terminates the license or
certificate, or until the entity no longer possesses nuclear material,
whichever occurs later. When records required by these sections are
superseded, these records must be retained for 3 years after each
change is made.
(b) The applicant, licensee, certificate holder, or possessor of
nuclear material outside facilities shall retain the records referred
to in Sec. Sec. 75.22 and 75.23 for at least 5 years.
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19. Under Sec. 75.24, add a new undesignated center heading and new
Sec. Sec. 75.26 through 75.29 to read as follows:
IAEA Nuclear Material Exemptions and Terminations
Sec.
75.26 Exemption from IAEA safeguards.
75.27 Requirements for facilities, locations, and nuclear material
outside facilities after issuance of IAEA exemptions.
75.28 Termination from IAEA safeguards.
75.29 Requirements for facilities, locations, and nuclear material
outside facilities after termination from IAEA safeguards.
Sec. 75.26 Exemption from IAEA safeguards.
(a) The U.S. Government may request from the IAEA an exemption from
IAEA safeguards with respect to nuclear material of the following
types:
(1) Source and special nuclear material in gram quantities or less
as a sensing component in instruments;
(2) Nuclear material used in nonnuclear activities; and
(3) Plutonium with an isotopic concentration of plutonium-238
exceeding 80 percent.
(b) Nuclear material exempted under paragraph (a) of this section
must not exceed the quantity limits specified in the Safeguards
Agreements.
(c) The NRC shall provide a prompt notification of an exemption
issued by the IAEA to the applicable licensee, certificate holder, or
nuclear material outside facilities.
Sec. 75.27 Requirements for facilities, locations, and nuclear
material outside facilities after issuance of IAEA exemptions.
(a) Licensees of facilities. After the NRC has notified a licensee
of a facility under Sec. 75.26(c) that the IAEA has approved the
exemption requested under Sec. 75.26(a) of this part, the licensee:
(1) Shall submit reports to the NRC pursuant to Sec. Sec. 75.6(c)
and 75.31(a); and
(2) Shall not export any nuclear material identified under Sec.
75.26 until the NRC notifies the licensee that IAEA safeguards under
the U.S.-IAEA Safeguards Agreement have been re-applied.
(b) Licensees of locations. A licensee of a location shall provide
annual updates pursuant to Sec. 75.11(c) following notification from
the NRC that the IAEA has approved the exemption requested under Sec.
75.26.
(c) Possessors of nuclear material outside facilities. After the
NRC has notified a possessor of nuclear material outside facilities
under Sec. 75.6(c) that the IAEA has approved the exemption requested
under Sec. 75.26(a), a possessor of nuclear material outside
facilities:
(1) Shall submit reports to the NRC pursuant to Sec. Sec. 75.6(e)
and 75.31(b); and
(2) Shall not export out of the U.S. Caribbean Territories any
nuclear material identified under Sec. 75.26 until
[[Page 19613]]
the NRC notifies the possessor that IAEA safeguards under the U.S.-IAEA
Caribbean Territories Safeguards Agreement have been re-applied.
(d) Prohibition against commingling of nuclear material in storage.
Licensees of facilities, licensees of locations, and possessors of
nuclear material outside facilities shall not store nuclear material
exempted under Sec. 75.26 together with nuclear material subject to
Safeguards Agreements.
(e) Nuclear material exempted from IAEA safeguards under Sec.
75.26 is not subject to inspections by the IAEA.
Sec. 75.28 Termination from IAEA safeguards.
(a) Upon request of the U.S. Government, the IAEA may terminate
IAEA safeguards on nuclear material that has been consumed, or has been
diluted in such a way that it is no longer usable for any nuclear
activity relevant from the point of view of safeguards, or has become
practicably irrecoverable.
(b) The NRC will notify the affected licensees, certificate
holders, and nuclear material outside facilities of the IAEA's
termination of IAEA safeguards.
Sec. 75.29 Requirements for facilities, locations, and nuclear
material outside facilities after termination from IAEA safeguards.
(a) Licensees of facilities. A licensee of a facility shall submit
an Inventory Change Report pursuant to Sec. Sec. 75.6(c) and 75.31(a)
following notification from the NRC that IAEA safeguards have been
terminated as described in Sec. 75.28.
(b) Licensees of locations. A licensee of a location shall provide
annual updates pursuant to Sec. 75.11(c) following notification from
the NRC that IAEA safeguards have been terminated as described in Sec.
75.28.
(c) Possessors of nuclear material outside facilities. A possessor
of nuclear material outside facilities shall submit an Inventory Change
Report pursuant to Sec. Sec. 75.6(e) and 75.31(b) following
notification from the NRC that IAEA safeguards have been terminated as
described in Sec. 75.28.
(d) Nuclear material that has had IAEA safeguards terminated as
described in Sec. 75.28 is not subject to inspections by the IAEA.
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20. Revise Sec. 75.31 to read as follows:
Sec. 75.31 General requirements.
(a) Each licensee or certificate holder who has been given notice
by the NRC under Sec. 75.7 that its facility has been identified under
the U.S.-IAEA Safeguards Agreement shall make, in an appropriate
computer-readable format, an initial inventory report, and thereafter
shall make accounting reports, with respect to the facility and, in
addition, licensees or certificate holders who have been given notice,
under Sec. 75.7 that their facilities are subject to the application
of IAEA safeguards, shall make the special reports described in Sec.
75.36. These reports must be based on the records kept under Sec.
75.21. At the request of the NRC, the licensee or certificate holder
shall amplify or clarify any report with respect to any matter relevant
to implementation of the U.S.-IAEA Safeguards Agreement. Any
amplification or clarification must be in writing and must be
submitted, to the address specified in the request, within 20 days of
the date of the request or other time as may be specified by the NRC.
(b) Each possessor of nuclear material outside facilities
(possessor) subject to the U.S.-IAEA Caribbean Territories Safeguards
Agreement shall make, in an appropriate computer-readable format, an
initial inventory report in accordance with Sec. 75.32 of this report.
Thereafter, that possessor shall make accounting reports as described
in Sec. Sec. 75.33 through 75.35 and special reports as described in
Sec. 75.36. These reports must be based on the records kept under
Sec. 75.21(b). At the request of the NRC, the possessor shall amplify
or clarify any report with respect to any matter relevant to
implementation of the U.S.-IAEA Caribbean Territories Safeguards
Agreement. Any amplification or clarification must be in writing and
must be submitted, to the address specified in the request, within 20
days of the date of the request or other time as may be specified by
the NRC.
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21. Revise Sec. 75.32 to read as follows:
Sec. 75.32 Initial inventory report.
(a) Licensees of facilities. The initial inventory report must show
the quantities of nuclear material at a facility. The quantities
reported in the initial inventory report must be accurate as of the
last day of the calendar month in which the NRC gives notice to the
licensee or certificate holder that an initial inventory report is
required (the ``inventory date'' on DOE/NRC Form 742C).
(b) Possessors of nuclear material outside facilities. The initial
inventory report must show the quantities of nuclear material outside
facilities. The quantities reported in the initial inventory report
must be accurate as of the last day of the calendar month in which the
possessor of nuclear material outside facilities becomes subject to the
requirements of this part (the ``inventory date'' on DOE/NRC Form
742C).
(c) Initial inventory report. The information in the initial
inventory report may be based upon the accounting records. The initial
inventory report must be submitted to the NRC on DOE/NRC Form 742C in
accordance with the instructions in NUREG/BR-0007 and NMMSS Report D-24
``Personal Computer Data Input for NRC Licensees.'' Copies of the
instructions for completing DOE/NRC Form 742C and DOE/NRC Form 740M may
be obtained from the following websites: http://www.nrc.gov/reading-rm/doc-collections/nuregs/brochures and https://nnsa.energy.gov/aboutus/ourprograms/nuclearsecurity/nmmsshome/nmmssinfo/nmmssreports.
(d) Report forms. DOE/NRC Form 742C must be accompanied by DOE/NRC
Form 740M if any batch of source material reported in DOE/NRC Form 742C
is equal to or less than 0.4 kg.
(e) Report submission. The initial inventory report must be
submitted to the NRC no later than 20 days after the inventory date.
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22. In Sec. 75.33, revise (a)(1)(i) to read as follows:
Sec. 75.33 Accounting reports.
(a)(1) * * *
(i) Inventory Change Reports (Nuclear Material Transaction Report);
and
* * * * *
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23. Revise Sec. 75.34 to read as follows:
Sec. 75.34 Inventory change reports.
(a) Each licensee of a facility, certificate holder, or possessor
of nuclear material outside facilities who transfers nuclear material
subject to IAEA safeguards shall submit an Inventory Change Report
(Nuclear Material Transaction Report) to the NRC no later than the
close of business the next working day after each transfer, in
accordance with the instructions in NUREG/BR-0006 and NMMSS Report D-24
``Personal Computer Data Input for NRC Licensees.'' Each licensee of a
facility, certificate holder, or possessor of nuclear material outside
facilities who receives nuclear material subject to IAEA safeguards
shall submit an Inventory Change Report to the NRC. Inventory Change
Reports for receipts must be submitted within 10 days after the
material is received, in accordance with the instructions in NUREG/BR-
0006 and NMMSS Report D-24 ``Personal Computer Data Input for NRC
Licensees.'' Copies of the instructions for completing DOE/NRC Form 741
and DOE/NRC Form 740M may be obtained from the following websites:
http://www.nrc.gov/reading-rm/doc-collections/nuregs/brochures and
[[Page 19614]]
https://nnsa.energy.gov/aboutus/ourprograms/nuclearsecurity/nmmsshome/nmmssinfo/nmmssreports.
(b) An Inventory Change Report (Nuclear Material Transaction
Report) must specify identification and batch data for each batch of
nuclear material, the date of the inventory change, and, as
appropriate:
(1) The originating IAEA material balance area or the shipper; and
(2) The receiving IAEA material balance area or the recipient.
(3) Each person who receives any nuclear material from a foreign
source shall complete both the supplier's and receiver's portion of
DOE/NRC Form 741.
(4) Each person in the U.S. Caribbean Territories who receives
nuclear material from the U.S. outside the U.S. Caribbean Territories
shall complete both the supplier's and receiver's portion of DOE/NRC
Form 741.
(c) An Inventory Change Report must be accompanied by DOE/NRC Form
740M whenever it is necessary to:
(1) Explain the inventory changes set forth in the operating
records required by Sec. 75.23; or
(2) Describe, to the extent specified in the license conditions,
the anticipated operational program for the facility, including, but
not limited to, the schedule for taking physical inventory.
(d) Copies of the instructions for completing DOE/NRC Form 741 and
DOE/NRC Form 740M may be obtained from the following websites: http://www.nrc.gov/reading-rm/doc-collections/nuregs/brochures and https://nnsa.energy.gov/aboutus/ourprograms/nuclearsecurity/nmmsshome/nmmssinfo/nmmssreports.
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24. Revise Sec. 75.35 to read as follows:
Sec. 75.35 Material status reports.
(a) Each licensee of a facility, certificate holder, or possessor
of nuclear material outside facilities with nuclear materials subject
to IAEA safeguards shall submit a material status report for each
physical inventory taken in accordance with the material accounting and
control procedures required by Sec. 75.21. The material status report
must include a DOE/NRC Form 742 and a DOE/NRC Form 742C, which lists
all batches separately and specifies material identification and batch
data for each batch. The reports described in this section must be
prepared and submitted in accordance with instructions in NUREG/BR-
0006, NUREG/BR-0007, and NMMSS Report D-24.
(b) Unless otherwise specified in the license conditions, material
status reports shall be submitted to the NRC as soon as possible, but
in any event no later than 30 days after the start of the physical
inventory.
(c) Possessors of nuclear material outside facilities must submit a
material status report to the NRC every 12 calendar months, for a
reporting period that commences on May 1st and concludes on April 30th
of the next calendar year. The annual inventory report must be dated
April 30th.
(d) A material status report must be accompanied by DOE/NRC Form
740M whenever it is necessary to:
(1) Describe the anticipated operational program;
(2) Provide additional explanation and clarification at the
country, facility material balance area, report, or entry level;
(3) Provide additional explanation not accommodated in any of the
data elements of DOE/NRC Form 742 or DOE/NRC Form 742C; or
(4) Report actual inventory values equal to or less than 0.4 kg of
source material.
(e) Copies of the instructions for completing DOE/NRC Form 742,
DOE/NRC Form 742C, and DOE/NRC Form 740M may be obtained from the
following websites: http://www.nrc.gov/reading-rm/doc-collections/nuregs/brochures and https://nnsa.energy.gov/aboutus/ourprograms/nuclearsecurity/nmmsshome/nmmssinfo/nmmssreports.
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25. Revise Sec. 75.36 to read as follows:
Sec. 75.36 Special reports.
(a) This section applies to licensees, certificate holders, and
possessors of nuclear material outside facilities who:
(1) Have been given notice under Sec. 75.7(a) that their
facilities are subject to the application of IAEA safeguards, or
(2) Are subject to the U.S.-IAEA Caribbean Territories Safeguards
Agreement.
(b) Each entity subject to this section shall immediately make a
special report to the NRC, by telephone, if:
(1) There is a loss of nuclear material:
(i) In excess of specified limits, as stated in license conditions,
for those entities described in paragraph (a)(1) of this section, or
(ii) In any amount, for those entities described in paragraph
(a)(2) of this section,
(2) There are unexpected changes in containment to the extent that
unauthorized removal of nuclear material has become possible, or
(3) Reporting is required under a license condition.
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26. In Sec. 75.43, revise paragraph (a) to read as follows:
Sec. 75.43 Circumstances requiring advance notification.
(a) Each person subject to the Safeguards Agreements shall give
advance written notification to the NRC regarding the international and
domestic transfers specified in this section.
* * * * *
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27. Revise Sec. 75.46, revise paragraphs (a), (b), (c) introductory
text, and (d) to read as follows:
Sec. 75.46 Expenses.
(a) Under the Safeguards Agreements, the IAEA undertakes to
reimburse any person subject to this part for extraordinary expenses
incurred as a result of its specific request provided that the IAEA has
agreed in advance to do so. The Safeguards Agreements also provide that
the IAEA will reimburse that person for the cost of making additional
measurements or taking samples at the specific request of an IAEA
inspector.
(b) The NRC will inform persons subject to this part, by license
condition or by other means (e.g., written communication), of those
items of extraordinary expense that the IAEA has agreed in advance to
reimburse.
(c) The NRC will inform persons subject to this part, by license
condition or by other means (e.g., written communication), of the
procedures to be used to document:
* * * * *
(d) The NRC will take appropriate action to assist persons subject
to this part regarding the reimbursement of any expense that, under the
Safeguards Agreements, is to be borne by the IAEA.
Sec. 75.53 [Amended]
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28. In Sec. 75.53, in paragraph (b), add the numbers ``75.13'',
``75.26'', ``75.27'', ``75.28'', and ``75.29'' in numerical order.
Dated at Rockville, Maryland, this 30th day of April, 2018.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2018-09462 Filed 5-3-18; 8:45 am]
BILLING CODE 7590-01-P