Unknown. Final rule

4,387 words·~20 min read·/register/2005/07/21/05-14208

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2005-07-21.xml --- 70 139 Thursday, July 21, 2005 Contents Agricultural Agricultural Marketing Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 42024 05-14387 Field grown leaf lettuce; grade standards, 42024-42025 05-14386 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service Alcohol Alcohol and Tobacco Tax and Trade Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 42145-42147 05-14349 Army Army Department PROPOSED RULES Aid of civil authorities and public relations:

Obtaining information from financial institutions, 42012-42017 05-14212 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 42065-42067 05-14369 05-14370 05-14371 Meetings: National Institute for Occupational Safety and Health— Radiation and Worker Health Advisory Board, 42067-42068 05-14380 Coast Guard Coast Guard PROPOSED RULES Drawbridge operations: New Jersey, 42017-42019 05-14322 Commerce Commerce Department See Economics and Statistics Administration See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology NOTICES Agency information collection activities; proposals, submissions, and approvals, 42025-42026 05-14323 05-14324 05-14326 CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories:

Chinese imports; safeguard actions, 42040-42041 05-14531 Commercial availability actions— Woven bamboo/cotton fabric, 42041 E5-3907 Defense Defense Department See Army Department Economics Economics and Statistics Administration NOTICES Senior Executive Service: Performance Review Board; membership, 42026-42027 05-14411 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 42041-42042 05-14319 Employment Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 42101-42102 05-14383 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

Idaho; correction, 41963 05-14399 New Mexico, 41963-41967 05-14388 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: New Jersey, 42019-42021 05-14406 New York, 42021-42023 05-14407 NOTICES Agency information collection activities; proposals, submissions, and approvals, 42056-42062 05-14400 05-14401 05-14402 05-14403 05-14404 Correction, 42062 05-14398 Air pollution control: State operating permits programs— Illinois, 42062-42063 05-14405 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives:

Airbus, 41946-41948 05-14087 Empresa Brasileira de Aeronautica S.A. (EMBRAER) Correction, 42148 C5-13142 05-14169 McDonnell Douglas, 41944-41946 05-14088 Class E airspace, 41948-41952 05-14335 05-14337 05-14338 PROPOSED RULES Airworthiness directives: Aerospatiale, 42003-42005 05-14393 Airbus, 42005-42008 05-14394 Boeing, 42008-42010 05-14395 NOTICES Airport noise compatibility program: Noise exposure maps— Albany International Airport, NY, 42137-42138 05-14336 Air traffic operating and flight rules, etc.:

O’Hare International Airport, Chicago, IL; unscheduled arrivals; reservation system, 42135-42137 05-14461 FCC Federal Communications Commission RULES Practice and procedure: Regulatory fees (2005 FY); assessment and collection, 41967-41995 05-14267 Federal Election Federal Election Commission RULES Corporate and labor organization activity: Trade association's separate segregated fund; payroll deductions by member corporations for contributions, 41939-41944 05-14318 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, E5-3897 42049-42051 E5-3898 E5-3899 Hydroelectric applications, 42051-42052 E5-3879 E5-3880 Meetings:

Creole Trail LNG Terminal, L.P.; technical conference, 42052 E5-3876 Meetings; Sunshine Act, 42053-42055 05-14529 Off-the-record communications, 42055-42056 E5-3882 *Applications, hearings, determinations, etc.:* Bonneville Power Administration, 42042 E5-3878 Crossroads Pipeline Co., 42042-42043 E5-3894 Dauphin Island Gathering Partners, 42043 E5-3884 Duke Energy Corp. et al., 42043 E5-3887 Gas Research Institute, 42044 E5-3896 Gas Transmission Northwest Corp., 42044-42045 E5-3885 G-Flow Wind, LLC, et al., 42044 E5-3888 Natural Gas Pipeline Co. of America, 42045 E5-3881 Northern Natural Gas Co., 42045 E5-3883 Overthrust Pipeline Co., 42045-42046 E5-3891 Ozark Gas Transmission, L.L.C., 42046 E5-3892 PJM Interconnection, L.L.C., 42046-42047 E5-3889 Prime Power Sales I, LLC, 42047 E5-3890 Questar Pipeline Co., 42047 E5-3895 Tennessee Gas Pipeline Co., 42047-42048 E5-3877 Texas Eastern Transmission, LP, 42048 E5-3886 Venice Gathering System, LLC, 42048-42049 E5-3893 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Polk County, IA, 42138-42139 05-14377 Federal Mediation Federal Mediation and Conciliation Service PROPOSED RULES Arbitration services: Arbitration policies, functions, and procedures; amendments Correction, 42011-42012 05-14347 Federal Railroad Federal Railroad Administration RULES Railroad locomotive safety standards: Inspection and maintenance standards for steam locomotives, 41995-42002 05-14334 NOTICES Exemption petitions, etc.: Burlington Northern Santa Fe Railway Co., 42139-42140 05-14342 Hillsborough Area Regional Transit, 42140 05-14341 Hiwassee River Railroad Co., 42140-42141 05-14343 Illinois Railway Museum, 42141 05-14345 Maine Narrow Gage Railroad & Museum, 42141-42142 05-14344 New Jersey Transit Corp., 42142-42143 05-14333 Santa Clara Valley Transportation Authority, 42143-42144 05-14340 Utah Transit Authority, 42144 05-14346 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Change in bank control, 42063 05-14458 Formations, acquisitions, and mergers, 42063-42064 05-14443 Fish Fish and Wildlife Service NOTICES Comprehensive conservation plans; availability, etc.: Wheeler National Wildlife Refuge Complex, AL, 42084-42085 05-14382 Endangered and threatened species: Incidental take permits— Riverside County, CA; Stephen's kangaroo rat, 42085-42087 05-14374 Recovery plans— Vermilion darter, 42087-42088 05-14372 Environmental statements; availability, etc.:

Incidental take permits— Hillcrest travel Plaza, Fresno County, CA; San Joaquin kit fox, 42088 05-14373 National Elk Refuge and Grand Teton National Park/John D. Rockefeller, Jr. Memorial Parkway, WY; bison and elk management plan, 42089-42090 05-14226 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Roxarsone and semduramicin, 41958-41963 05-14329 Freedom of Information Act; implementation, 41956-41958 05-14320 Organization, functions, and authority delegations:

Center for Food Safety and Applied Nutrition; change of address, 41958 05-14328 NOTICES Agency information collection activities; proposals, submissions, and approvals, 42068-42072 05-14330 Reports and guidance documents; availability, etc.: Retail and food service establishments; operators and regulators; voluntary hazard analysis and critical control point manuals, 42072-42075 05-14321 Forest Forest Service NOTICES Environmental statements; notice of intent: Okanogan and Wenatchee National Forests, WA; canceled, 42025 05-14375 GSA General Services Administration NOTICES Committees; establishment, renewal, termination, etc.:

Governmentwide Relocation Advisory Board, 42064 05-14357 Geological Geological Survey NOTICES Agency information collection activities; proposals, submissions, and approvals, 42090 05-14317 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health NOTICES Reports and guidance documents; availability, etc.: Styrene; reproductive and developmental toxicity evaluation; expert panel report, 42064-42065 05-14425 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-14331 42083-42084 05-14332 Grants and cooperative agreements; availability, etc.:

HOPE VI Main Street Program, 42150-42232 05-14299 Indian Indian Affairs Bureau RULES Financial activities: Lands withdrawn for Native selection; deposit of proceeds Correction, 41963 05-14437 Industry Industry and Security Bureau RULES Export administration regulations: Commerce Control List— Nuclear grade graphite exports; licensing jurisdiction change, 41952-41953 05-14412 PROPOSED RULES Chemical Weapons Convention Regulations: Small business entities; economic impact, 42010-42011 05-14441 NOTICES Committees; establishment, renewal, termination, etc.:

Technical advisory committees, 42027 05-14415 Meetings: Materials Technical Advisory Committee, 42027 05-14413 President's Export Council, 42027-42028 05-14414 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See Land Management Bureau See National Park Service See Reclamation Bureau IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 42147 E5-3875 Meetings:

Taxpayer Advocacy Panels, 42147 E5-3874 International International Trade Administration NOTICES Antidumping: Furfuryl alcohol from— Thailand, 42029-42032 E5-3905 Honey from— China, 42032-42034 E5-3909 E5-3910 Preserved mushrooms from— China, 42034-42039 E5-3906 E5-3911 Stainless steel butt-weld pipe fittings from— Malaysia, 42039 E5-3904 Antidumping and countervailing duties: Administrative review requests, 42028-42029 05-14454 Committees; establishment, renewal, termination, etc.:

District Export Council, 42039 05-14376 International International Trade Commission NOTICES Import investigations: Polychloroprene rubber from— Japan, 42101 05-14325 Labor Labor Department See Employment Standards Administration See Mine Safety and Health Administration Land Land Management Bureau NOTICES Closure of public lands: California, 42090-42091 05-14315 Environmental statements; notice of intent: North Steens Ecosystem Restoration Project, OR, 42091-42092 05-14312 Meetings:

Resource Advisory Councils— New Mexico, 42092 05-14381 Oil and gas leases: North Dakota, 42092 05-14313 Realty actions; sales, leases, etc.: Wyoming, 42092-42093 05-14314 Royalty management: Stripper Well Royalty Reduction Program; royalty rate reductions; benefits termination, 42093-42094 05-14100 Mine Mine Safety and Health Administration NOTICES Safety standard petitions: Genwal Resources, Inc., et al., 42102-42103 05-14410 NASA National Aeronautics and Space Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 42103-42107 05-14300 05-14301 05-14302 05-14309 05-14310 Patent licenses; non-exclusive, exclusive, or partially exclusive:

MacNaughton, Inc., 42107 05-14307 Phoenix Systems International, Inc., 42107 05-14304 National Institute National Institute of Standards and Technology NOTICES Agency information collection activities; proposals, submissions, and approvals, 42039-42040 05-14327 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 42075-42076 05-14421 Meetings: National Cancer Institute, 42076-42077 05-14427 05-14428 05-14433 National Human Genome Research Institute, 42077 05-14434 National Institute of Allergy and Infectious Diseases, 42079 05-14435 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 42078 05-14429 National Institute of Dental and Craniofacial Research, 42079 05-14432 National Institute of Diabetes and Digestive and Kidney Diseases, 42078 05-14426 National Institute of Environmental Health Sciences, 42077 05-14422 National Institute of Neurological Disorders and Stroke, 42078-42079 05-14431 National Institute on Drug Abuse, 42077-42078 05-14423 National Library of Medicine, 42079-42080 05-14424 Scientific Review Center, 42080-42083 05-14430 05-14436 National Park National Park Service NOTICES Environmental statements; availability, etc.:

Minidoka Internment National Monument, ID; general management plan, 42094-42095 05-14354 Niobrara National Scenic River, NE; general management plan, 42096 05-14352 Olympic National Park, WA, 42096-42098 05-14353 Environmental statements; notice of intent: Lincoln Home National Historic Site, IL; general management plan, 42098-42099 05-14355 Little River Canyon National Preserve, AL; general management plan, 42099-42100 05-14350 Meetings: Acadia National Park Advisory Commission, 42100 05-14351 Nuclear Nuclear Regulatory Commission RULES Nuclear equipment and material; export and import:

Nuclear grade graphite for non-nuclear end use; export licensing requirements removed, 41937-41939 05-14208 NOTICES Agency information collection activities; proposals, submissions, and approvals, 42107-42108 05-14360 Environmental statements; availability, etc.: FirstEnergy Nuclear Operating Co., 42112-42113 05-14362 Operating licenses, amendments; no significant hazards considerations; biweekly notices; correction, 42113 05-14363 *Applications, hearings, determinations, etc.:* J.L.

Shepherd & Associates, 42108-42110 05-14358 Probasco, Richard M., 42110-42111 05-14359 Union Electric Co., 42111-42112 05-14361 Personnel Personnel Management Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-14239 42113-42114 05-14242 05-14243 Excepted service: Schedules A, B, and C; positions placed or revoked— Update, 42114-42116 05-14241 Presidential Presidential Documents ADMINISTRATIVE ORDERS Liberia; continuation of national emergency blocking property of certain persons and prohibiting the importation of certain goods (Notice of July 19, 2005), 41935 05-14555 Reclamation Reclamation Bureau NOTICES Committees; establishment, renewal, termination, etc.:

California Bay-Delta Public Advisory Committee, 42100 05-14438 SEC Securities and Exchange Commission RULES Securities: Shell companies; Forms S-8 and 8-K use, 42234-42249 05-14311 NOTICES Agency information collection activities; proposals, submissions, and approvals, E5-3872 42116-42117 E5-3873 Meetings: Smaller Public Companies Advisory Committee, 42117-42118 E5-3900 Meetings; Sunshine Act, 42118 05-14460 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 42118-42122 E5-3870 Depository Trust Co., et al., 42122-42123 E5-3871 National Association of Securities Dealers, Inc., 42123-42130 E5-3903 05-14444 New York Stock Exchange, Inc., 42130-42134 05-14316 Options Clearing Corp., 42134-42135 E5-3901 SBA Small Business Administration NOTICES *Applications, hearings, determinations, etc.:* Horizon Ventures Fund II, L.P., 42135 05-14339 Social Social Security Administration RULES Social security benefits:

Federal old age, survivors, and disability insurance— Divided retirement systems coverage list and technical coverage corrections; update, 41954-41956 05-14385 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration NOTICES Aviation proceedings: Hearings, etc.— Executive Jet Management, Inc., 42135 05-14379 GoJet Airlines, LLC, 42135 05-14378 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Internal Revenue Service Separate Parts In This Issue Part II Housing and Urban Development Department, 42150-42232 05-14299 Part III Securities and Exchange Commission, 42234-42249 05-14311 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 70 139 Thursday, July 21, 2005 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 110 RIN 3150-AH51 Export and Import of Nuclear Equipment and Material: Nuclear Grade Graphite AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule. SUMMARY: The Nuclear Regulatory Commission

(NRC)export/import regulations in 10 CFR part 110 are being revised to remove the NRC's export licensing requirements for nuclear grade graphite for non-nuclear end use. The purpose of this change is to remove from NRC export licensing jurisdiction nuclear materials which are not of significance from a nuclear proliferation perspective. The responsibility for the licensing of exports of nuclear grade graphite for non-nuclear end use will be transferred to the Department of Commerce (DOC). The DOC is publishing elsewhere in this **Federal Register** a final rule that places such exports under its jurisdiction. DATES: Effective July 21, 2005. ADDRESSES: Publicly available documents related to this rulemaking may be viewed electronically on the public computers located at the NRC's Public Document Room (PDR), Room O1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. The PDR reproduction contractor will copy documents for a fee. Selected documents can be viewed and downloaded electronically via the NRC's rulemaking Web site at *http://ruleforum.llnl.gov* . Publicly available documents created or received at the NRC are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/NRC/reading-rm/adams.html* . From this site, the public can gain entry into the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room

(PDR)Reference staff at

(800)397-4209,

(301)415-4737, or by e-mail to *pdr@nrc.gov* . FOR FURTHER INFORMATION CONTACT: Suzanne Schuyler-Hayes, Office of International Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone

(301)415-2333, e-mail *ssh@nrc.gov* . SUPPLEMENTARY INFORMATION: Background The purpose of this rule is to update NRC's regulations in 10 CFR part 110 governing the export of nuclear grade graphite. Neither the Atomic Energy Act

(AEA)nor the Nuclear Non-proliferation Act

(NNPA)explicitly requires that the export of nuclear grade graphite be controlled by the NRC. The Commission has controlled the export of nuclear grade graphite pursuant to Section 109b. of the AEA, due to its prior determination that nuclear grade graphite is an “item or substance” that is “especially relevant from the standpoint of export control because of [its] significance for nuclear explosive purposes.” As a result of technological advancements in the production of graphite, virtually all graphite produced today can be considered “nuclear grade.” The NRC's licensing experience has been that most nuclear grade graphite is exported only for non-nuclear end use in the manufacture of commercial and industrial items. Other supplier nations have export controls over nuclear grade graphite but have limited them to cover exports “for use in a nuclear reactor.” This limitation appears in both the Nuclear Non-Proliferation Treaty Exporters Committee (Zangger Committee) and the Nuclear Suppliers Group

(NSG)definitions of controlled items. *See, e.g.* , International Atomic Energy Agency INFCIRC/209 and 254 respectively. The NRC has determined, after consultation with the Executive Branch, that nuclear grade graphite for non-nuclear end use is not an “item or substance” that is “especially relevant from the standpoint of export control because of [its] significance for nuclear explosive purposes.” *See* Section 109b. of the AEA. 1 The Executive Branch, including the Departments of State, Energy, Defense, and Commerce, concurs in the NRC's determination. The history of the use of nuclear grade graphite exported under the Commission's authority indicates that graphite has not been diverted for illicit purposes to produce weapons-grade material or for use in unsafeguarded nuclear activities. To the extent that any risk of diversion may exist, exports of nuclear grade graphite for non-nuclear end use will continue to be controlled by the DOC. Thus, any effort to divert exported material for illicit purposes would likely be discovered by the cognizant national authority or the international community. Accordingly, the Commission has concluded, with the concurrence of the Executive Branch, that U.S. regulatory and commercial interests will be best served by the DOC assuming export control over all nuclear grade graphite for non-nuclear end use. The DOC is publishing regulations establishing licensing controls over this class of material. 1 The NRC has not, however, made the same finding under the Section 109b. of the AEA with respect to exports of nuclear grade graphite for nuclear end use, which the NRC will continue to regulate as a material “especially relevant for export control because of [its] significance for nuclear explosive purposes.” This final rule limits NRC's jurisdiction over exports of nuclear grade graphite to nuclear end use. The definition of “nuclear grade graphite” in 10 CFR 110.2 is being replaced with a definition of “nuclear grade graphite for nuclear end use.” Nuclear grade graphite for nuclear end use is being defined in § 110.2 as “graphite having a purity level of better than ( *i.e.* , less than) 5 parts per million boron equivalent * * * and intended for use in a nuclear reactor.” This definition is consistent with the definition in the Zangger Committee and NSG Part 1 Trigger Lists. The density requirement of 1.5 grams per cubic centimeter in the current definition of nuclear grade graphite is being removed. Graphite powder at any density level for nuclear end use, including the coating of fuel spheres in pebble bed reactor applications, is being captured under NRC jurisdiction. The general license for the export of nuclear grade graphite for nuclear end use in § 110.25 is being revoked. All exports of nuclear grade graphite for nuclear end use will now require a specific license from the NRC, including Commission and Executive Branch review (see §§ 110.40 and 41), and will be noticed in the **Federal Register** ( *see* § 110.70). Finally, all NRC license provisions for non-nuclear end use exports of nuclear grade graphite are being removed. A note is being added which states that the export of nuclear grade graphite for non-nuclear end use is regulated by the DOC. This final rule eliminates the NRC licensing burden on exporters for nuclear grade graphite exported purely for non-nuclear end use which, under current industry trends, constitutes the majority of nuclear grade graphite being exported. Removing exports of nuclear grade graphite for non-nuclear end use from 10 CFR part 110 will also reduce the burden under the Paperwork Reduction Act for licensees exporting nuclear grade graphite for non-nuclear end use. The NRC has determined that this rule will pose no unreasonable risk to the public health and safety or the common defense and security. Administrative Procedure Act The provisions of the Administrative Procedure Act under 5 U.S.C. 553 requiring notice of proposed rulemaking, the opportunity for public participation, and a 30-day delay in effective date are inapplicable because this rule involves a military and foreign affairs function of the United States (5 U.S.C. 553(a)(1)). Accordingly, this final rule is effective immediately upon publication in the **Federal Register** . 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. 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 regulation. Paperwork Reduction Act Statement This final rule eliminates the burden on licensees for recordkeeping and reporting requirements to obtain a license for the export of nuclear grade graphite for non-nuclear end use and maintain associated records under 10 CFR part 110. The public burden for information collection and recordkeeping requirements to export nuclear grade graphite for non-nuclear end use is estimated to average 3.6 hours per licensee. Because the burden for this information collection is insignificant, Office of Management and Budget

(OMB)clearance is not required. Existing requirements were approved by OMB, approval numbers 3150-0027 and 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. Regulatory Analysis The NRC has sole control of the export of nuclear grade graphite for nuclear applications. There is no other alternative to amending the regulations at 10 CFR part 110 to reflect changing circumstances. The final rule will reduce the burden on licensees and the cost to the public without posing an unreasonable risk to the public health and safety or to the common defense and security. 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 does not have a significant economic impact on a substantial number of small entities. This rule eliminates NRC license requirements for the export of nuclear grade graphite for non-nuclear end use. The companies which export nuclear grade graphite 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). Backfit Analysis The NRC has determined that a backfit analysis is not required for this final rule because these amendments do not include any provisions that would impose backfits as defined in 10 CFR Chapter I. Small Business Regulatory Enforcement Fairness Act In accordance with the Small Business Regulatory Enforcement Fairness Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs of OMB. List of Subjects in 10 CFR Part 110 Administrative practice and procedure, Classified information, Criminal penalties, Export, Import, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Scientific equipment. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR part 110. PART 110—EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL 1. The authority citation for part 110 continues to read as follows: Authority: Secs. 51, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104, 109, 111, 126, 127, 128, 129, 161, 181, 182, 183, 187, 189, 68 Stat. 929, 930, 931, 932, 933, 936, 937, 948, 953, 954, 955, 956, as amended (42 U.S.C. 2071, 2073, 2074, 2077, 2092-2095, 2111, 2112, 2133, 2134, 2139, 2139a, 2141, 2154-2158, 2201, 2231-2233, 2237, 2239); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841; sec 5, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). Sections 110.1(b)(2) and 110.1(b)(3) also issued under Pub. L. 96-92, 93 Stat. 710 (22 U.S.C. 2403). Section 110.11 also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152) and secs. 54c and 57d, 88 Stat. 473, 475 (42 U.S.C. 2074). Section 110.27 also issued under sec. 309(a), Pub. L. 99-440. Section 110.50(b)(3) also issued under sec. 123, 92 Stat. 142 (42 U.S.C. 2153). Section 110.51 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 110.52 also issued under sec. 186, 68 Stat. 955 (42 U.S.C. 2236). Sections 110.80-110.113 also issued under 5 U.S.C. 552, 554. Sections 110.130-110.135 also issued under 5 U.S.C. 553. Sections 110.2 and 110.42(a)(9) also issued under sec. 903, Pub. L. 102-496 (42 U.S.C. 2151 *et seq.* ). 2. In § 110.2, the definition of “nuclear grade graphite” is removed and the definition of “nuclear grade graphite for nuclear end use” is added to read as follows: § 110.2 Definitions. *Nuclear grade graphite for nuclear end use* means graphite having a purity level better than ( *i.e.* , less than) 5 parts per million boron equivalent, as measured according to ASTM standard C1233-98 and intended for use in a nuclear reactor. (Nuclear grade graphite for non-nuclear end use is regulated by the Department of Commerce.) 3. In § 110.9, paragraph

(e)is revised to read as follows: § 110.9 List of Nuclear Material under NRC export licensing authority.

(e)Nuclear grade graphite for nuclear end use. § 110.25 [Removed] 4. Remove § 110.25. 5. Amend § 110.40 as follows: a. Revise paragraph (b)(3); b. Redesignate paragraphs (b)(4) through (b)(7) as paragraphs (b)(5) through (b)(8); c. In newly redesignated paragraph (b)(7), further redesignate paragraph

(iv)as paragraph (b)(7)(v); d. Revise redesignated paragraph (b)(7)(iii); e. Add new paragraphs (b)(4) and (b)(7)(iv). § 110.40 Commission review.

(b)* * *

(3)Nuclear grade graphite for nuclear end use.

(4)1,000 kilograms or more of deuterium oxide (heavy water), other than exports of heavy water to Canada.

(7)* * *

(iii)Nuclear grade graphite for nuclear end use;

(iv)250 kilograms of source material or heavy water; or 6. In § 110.41, paragraph (a)(3) is revised, paragraphs (a)(4) through (a)(9) are redesignated as paragraphs (a)(5) through (a)(10), and a new paragraph (a)(4) is added to read as follows: § 110.41 Executive branch review.

(a)* * *

(3)Nuclear grade graphite for nuclear end use.

(4)More than 100 curies of tritium, and deuterium oxide (heavy water), other than exports of heavy water to Canada. 7. In § 110.42, the introductory language of paragraph

(b)is revised to read as follows: § 110.42 Export licensing criteria

(b)The review of license applications for the export of nuclear equipment, other than a production or utilization facility, and for deuterium and nuclear grade graphite for nuclear end use, is governed by the following criteria: 8. In § 110.70, paragraph (b)(3) is revised, paragraph (b)(4) is redesignated as paragraph (b)(5), and a new paragraph (b)(4) is added to read as follows: § 110.70 Public notice of receipt of an application

(b)* * *

(3)10,000 kilograms or more of heavy water.

(4)Nuclear grade graphite for nuclear end use. Dated in Rockville, Maryland, this 12th day of October, 2004. For the Nuclear Regulatory Commission. Luis A. Reyes, Executive Director for Operations. Editorial note: This document was received at the Office of the Federal Register on July 15, 2005. [FR Doc. 05-14208 Filed 7-20-05; 8:45 am]

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