[Federal Register Volume 78, Number 25 (Wednesday, February 6, 2013)]
[Rules and Regulations]
[Pages 8360-8361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02620]



10 CFR Part 110

RIN 3150-AJ21

Addition of South Sudan to the Restricted Destinations List

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
export and import regulations by adding South Sudan to the list of 
restricted destinations. This amendment is necessary to conform the 
NRC's regulations with U.S. Government foreign policy.

DATES: The final rule is effective February 6, 2013.

ADDRESSES: Please refer to Docket ID NRC-2012-0278 when contacting the 
NRC about the availability of information for this final rule. You can 
access information related to this rule, which the NRC possesses and 
are publicly available, by any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC 2012-0278.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library 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 in this document (if that document is 
available in ADAMS) is provided the first time that a document is 
     NRC's Public Document Room (PDR): You may examine and 
purchase copies of public documents at the NRC's PDR, O1- F21, One 
White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Brooke G. Smith, Senior International 
Policy Analyst, Office of International Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-
2347; email: [email protected].


I. Background.
II. Voluntary Consensus Standards.
III. Environmental Impact: Categorical Exclusion.
IV. Paperwork Reduction Act Statement.
V. Regulatory Analysis.
VI. Regulatory Flexibility Certification.
VII. Backfit and Issue Finality.
VIII. Congressional Review Act.

I. Background

    The purpose of this final rule is to revise the NRC's export and 
import regulations in Title 10 of the Code of Federal Regulations (10 
CFR) part 110, ``Export and Import of Nuclear Equipment and Material,'' 
with regard to U.S. Government law and policy on South Sudan. South 
Sudan is an independent country, separate from Sudan. Following a 
referendum, South Sudan became an independent state on July 9, 2011, 
and the United States established diplomatic relations with South Sudan 
on the same day. Long-standing U.S. sanctions policy has been aimed at 
the current Sudan regime centered in Khartoum, Sudan, not South Sudan 
or its government, centered in Juba, South Sudan. The United States 
does not treat South Sudan as Sudan, and does not apply, for example, 
its Sudan Sanctions Regulations (31 CFR part 538) to South Sudan. 
Moreover, the Secretary of State's determination that Sudan provided 
repeated support for acts of international terrorism does not apply to 
South Sudan.
    In light of the foregoing, the Executive Branch recommended that 
the NRC amend part 110 to add South Sudan to the restricted 
destinations list in Sec.  110.29, while leaving Sudan on the embargoed 
destinations list in Sec.  110.28. This means that exports of certain 
nuclear and byproduct materials to South Sudan may qualify for the NRC 
general license specified in Sec. Sec.  110.21 through 110.24.
    At present, South Sudan has no nuclear research or power program; 
however, South Sudan does have the need for radioactive sources for 
legitimate industrial, medical, and research purposes in support of 
important economic and commercial development projects. Exports of 
radioactive sources from the United States for such purposes would be 
facilitated by the recognition of South Sudan as an independent 
country, separate from Sudan (Khartoum), by adding it to the restricted 
destinations list, while leaving Sudan on the embargoed destinations 
list in part 110.
    The NRC staff has determined that adding South Sudan to the 
restricted destinations list, while leaving Sudan on the embargoed 
destinations list, is consistent with current U.S. law and policy, and 
will pose no unreasonable risk to the public health and safety or to 
the common defense and security of the United States.
    Because this rule involves a foreign affairs function of the United 
States, the notice and comment provisions of the Administrative 
Procedure Act do not apply (5 U.S.C. 553(a)(1)). This rule will become 
effective immediately upon publication.

II. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995 (Pub. 
L. 104-113) requires that Federal Agencies use technical standards that 
are developed or adopted by voluntary consensus standards bodies, 
unless using such a standard is inconsistent with applicable law or 
otherwise impractical. This final rule does not constitute the 
establishment of a standard for which the use of a voluntary consensus 
standard would be applicable.

[[Page 8361]]

III. Environmental Impact: Categorical Exclusion

    The NRC has determined that this final rule is the type of action 
described in categorical exclusion 10 CFR 51.22(c)(1). Therefore, 
neither an environmental impact statement nor an environmental 
assessment has been prepared for the rule.

IV. Paperwork Reduction Act Statement

    This final rule does not contain new or amended information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et. seq.). Existing requirements were approved by the 
Office of Management and Budget (OMB), Approval Number 3150-0036.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an information collection 
requirement unless the requesting document displays a currently valid 
OMB control number.

V. Regulatory Analysis

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

VI. Regulatory Flexibility Certification

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

VII. Backfit 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.

VIII. Congressional Review Act

    Under the Congressional Review Act of 1996, the NRC has determined 
that this action is not a major rule and has verified this 
determination with the Office of Information and Regulatory Affairs of 

List of Subjects in 10 CFR Part 110

    Administrative practice and procedure, Classified information, 
Criminal penalties, Export, Import, Intergovernmental relations, 
Nuclear materials, Nuclear power plants and reactors, Reporting and 
recordkeeping requirements, Scientific equipment.
    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended, the Energy Reorganization 
Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting 
the following amendments to 10 CFR part 110.


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

    Authority: Atomic Energy Act secs. 51, 53, 54, 57, 63, 64, 65, 
81, 82, 103, 104, 109, 111, 126, 127, 128, 129, 161, 181, 182, 183, 
187, 189, 223, 234 (42 U.S.C. 2071, 2073, 2074, 2077, 2092-2095, 
2111, 2112, 2133, 2134, 2139, 2139a, 2141, 2154-2158, 2201, 2231-
2233, 2237, 2239, 2273, 2282); Energy Reorganization Act sec. 201 
(42 U.S.C. 5841); Solar, Wind, Waste, and Geothermal Power Act of 
1990 sec. 5 (42 U.S.C. 2243); Government Paperwork Elimination Act 
sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); Energy Policy Act 
of 2005, 119 Stat. 594.

    Sections 110.1(b)(2) and 110.1(b)(3) also issued under 22 U.S.C. 
2403. Section 110.11 also issued under Atomic Energy Act secs. 
54(c), 57(d), 122 (42 U.S.C. 2074, 2152). Section 110.50(b)(3) also 
issued under Atomic Energy Act sec. 123 (42 U.S.C. 2153). Section 
110.51 also issued under Atomic Energy Act sec. 184 (42 U.S.C. 
2234). Section 110.52 also issued under Atomic Energy Act sec. 186, 
(42 U.S.C. 2236). Sections 110.80-110.113 also issued under 5 U.S.C. 
552, 554. Sections 110.130-110.135 also issued under 5 U.S.C. 553. 
Sections 110.2 and 110.42(a)(9) also issued under Intelligence 
Authorization Act sec. 903 (42 U.S.C. 2151 et seq.).

Sec.  110.29  [Amended]

2. Section 110.29 is amended by adding ``South Sudan'' to the list of 
restricted destinations.

    Dated at Rockville, Maryland, this 19th day of December, 2012.

    For the Nuclear Regulatory Commission.

R.W. Borchardt,
Executive Director for Operations.
[FR Doc. 2013-02620 Filed 2-5-13; 8:45 am]