81 FR 24893 - Draft Standard Review Plan on Foreign Ownership, Control, or Domination, Revision 1
NUCLEAR REGULATORY COMMISSION Federal Register Volume 81, Issue 81 (April 27, 2016)
Federal Register Volume 81, Issue 81 (April 27, 2016)
| Page Range | 24893-24894 | |
| FR Document | 2016-09916 |
[Federal Register Volume 81, Number 81 (Wednesday, April 27, 2016)] [Notices] [Pages 24893-24894] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09916] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2016-0088] Draft Standard Review Plan on Foreign Ownership, Control, or Domination, Revision 1 AGENCY: Nuclear Regulatory Commission. ACTION: Standard review plan-draft section revision; request for comment. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is soliciting public comment on the Draft Standard Review Plan on Foreign Ownership, Control, or Domination, Revision 1. The Standard Review Plan (SRP) provides guidance and establishes procedures for NRC staff to review the issue of whether an applicant for a nuclear facility license is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government. This SRP will be used as the basis for such reviews in connection with license applications for new facilities, or applications for approval of direct or indirect transfers of facility licenses. DATES: Comments must be filed no later than May 27, 2016. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date. ADDRESSES: You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject):Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0088. 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. Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. For additional direction on obtaining information and submitting comments, see ``Obtaining Information and Submitting Comments'' in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Shawn W. Harwell, Office of Nuclear Reactor Regulation, telephone: 301-415-1309; email: [email protected], U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2016-0088 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0088. 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 Draft Standard Review Plan on Foreign Ownership, Control, or Domination, Revision 1, is available in ADAMS under Accession No. ML16048A025. 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. [[Page 24894]] B. Submitting Comments Please include Docket ID NRC-2016-0088 in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. II. Discussion The NRC is issuing this revision to the SRP on Foreign Ownership, Control, or Domination (FOCD), to provide guidance and establish procedures for NRC staff's review of whether an applicant for a nuclear facility license issued under sections 103.d., ``Commercial Licenses,'' or 104.d., ``Medical Therapy and Research and Development,'' of the Atomic Energy Act of 1954, as amended (AEA or Act), is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government (individually or collectively, a foreign entity). Specifically, this revision of the SRP establishes guidance on graded negation action plan (NAP) criteria; provides for the consideration of site-specific criteria, as necessary; allows for the use of license conditions to incorporate NAPs and the staff's ``totality of facts'' review approach; and incorporates provisions for analyzing foreign financing. This SRP will be used as the basis for the conduct of FOCD reviews associated with license applications for new facilities to be licensed under title 10 of the Code of Federal Regulations (10 CFR), parts 50 and 52; applications for the renewal of facility licenses; or applications for approval of direct or indirect transfers of facility licenses. Where there are co-applicants, each intending to own an interest in a new facility as co-licensees, the reviewer should consider each applicant to determine whether it is owned, controlled, or dominated by a foreign entity. If a co-licensee of an existing facility owns a partial interest in the facility and is transferring that interest, the acquirer should also be considered to determine whether it is owned, controlled, or dominated by a foreign entity. The FOCD determination is to be made with an orientation toward the common defense and security. The provisions in the AEA for FOCD and inimicality, and the staff's reviews of these areas under NRC regulations, are derived from the same national security concerns, but appear in separate and distinct language in the AEA. The FOCD provisions in the AEA and NRC regulations are country-neutral, whereas the staff's inimicality review and its findings directly account for a license applicant's country of origin and any ties or interests that could result in a determination of inimicality. As such, while FOCD and inimicality are closely related, this SRP does not address the determination of whether issuance of a license would be inimical to the common defense and security or to the health and safety of the public. The previous revision of this SRP was approved by the Commission in its staff requirements memorandum on SECY-99-165, ``Final Standard Review Plan Regarding Foreign Ownership, Control, or Domination of Applicants for Reactor Licenses,'' dated August 31, 1999, and published in the Federal Register on September 28, 1999. Revision 1 to this SRP has been updated to reflect current NRC regulations and policy. Dated at Rockville, Maryland, this 19th day of April 2016. For the Nuclear Regulatory Commission. William M. Dean, Director, Office of Nuclear Reactor Regulation. [FR Doc. 2016-09916 Filed 4-26-16; 8:45 am] BILLING CODE 7590-01-P
![Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Notices 24893
—Updates on the Exploration Systems ASAP Meeting at MSFC.’’ For security this document describes a different
Development questions, please call Becky Hopson at method for submitting comments on a
—Updates on the Commercial Crew (256) 544–4541. At the beginning of the specific subject):
Program meeting, members of the public may • Federal Rulemaking Web site: Go to
— Updates on the International Space make a verbal presentation to the Panel http://www.regulations.gov and search
Station Program on the subject of safety in NASA, not to for Docket ID NRC–2016–0088. Address
The meeting will be open to the exceed 5 minutes in length. To do so, questions about NRC dockets to Carol
public up to the seating capacity of the members of the public must contact Ms. Gallagher; telephone: 301–415–3463;
room. Seating will be on a first-come Marian Norris at mnorris@nasa.gov or at email: Carol.Gallagher@nrc.gov. For
basis. This meeting is also available (202) 358–4452 at least 48 hours in technical questions, contact the
telephonically. Any interested person advance. Any member of the public is individual listed in the FOR FURTHER
may call the USA toll free conference permitted to file a written statement INFORMATION CONTACT section of this
call number (800) 857–7040; pass code with the Panel at the time of the document.
2708980. Attendees will be required to meeting. Verbal presentations and • Mail comments to: Cindy Bladey,
sign a visitor’s register and to comply written comments should be limited to Office of Administration, Mail Stop:
with NASA Marshall Space Flight the subject of safety in NASA. It is OWFN–12–H08, U.S. Nuclear
Center security requirements, including imperative that the meeting be held on Regulatory Commission, Washington,
the presentation of a valid picture ID this date to accommodate the DC 20555–0001.
scheduling priorities of the key For additional direction on obtaining
and a secondary form of ID, before
participants. information and submitting comments,
receiving an access badge. Due to the
see ‘‘Obtaining Information and
Real ID Act, Public Law 109–13, any Patricia D. Rausch, Submitting Comments’’ in the
attendees with drivers licenses issued Advisory Committee Management Officer, SUPPLEMENTARY INFORMATION section of
from noncompliant states/territories National Aeronautics and Space this document.
must present a second form of ID. Administration.
Noncompliant states/territories are FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2016–09802 Filed 4–26–16; 8:45 am] Shawn W. Harwell, Office of Nuclear
American Samoa, Illinois, Minnesota, BILLING CODE 7510–13–P
Missouri, New Mexico, and Reactor Regulation, telephone: 301–
Washington. All U.S. citizens desiring 415–1309; email: Shawn.Harwell@
to attend the Aerospace Safety Advisory nrc.gov, U.S. Nuclear Regulatory
NUCLEAR REGULATORY Commission, Washington, DC 20555–
Panel meeting at the Marshall Space
COMMISSION 0001.
Flight Center must provide their full
name, company affiliation (if [NRC–2016–0088] SUPPLEMENTARY INFORMATION:
applicable), driver’s license number and I. Obtaining Information and
state, citizenship, place of birth, and Draft Standard Review Plan on Foreign
Ownership, Control, or Domination, Submitting Comments
date of birth to the Marshall Space
Flight Center Protective Services and Revision 1 A. Obtaining Information
Export Control Office no later than close AGENCY: Nuclear Regulatory Please refer to Docket ID NRC–2016–
of business on May 9, 2016. All non- Commission. 0088 when contacting the NRC about
U.S. citizens must submit their name; the availability of information for this
ACTION: Standard review plan-draft
current address; driver’s license number action. You may obtain publicly-
section revision; request for comment.
and state (if applicable); citizenship; available information related to this
company affiliation (if applicable) to SUMMARY: The U.S. Nuclear Regulatory action by any of the following methods:
include address, telephone number, and Commission (NRC) is soliciting public • Federal Rulemaking Web site: Go to
title; place of birth; date of birth; U.S. comment on the Draft Standard Review http://www.regulations.gov and search
visa information to include type, Plan on Foreign Ownership, Control, or for Docket ID NRC–2016–0088.
number, and expiration date; U.S. Social Domination, Revision 1. The Standard • NRC’s Agencywide Documents
Security Number (if applicable); Review Plan (SRP) provides guidance Access and Management System
Permanent Residents (green card and establishes procedures for NRC staff (ADAMS): You may obtain publicly-
holders) number and expiration date (if to review the issue of whether an available documents online in the
applicable); place and date of entry into applicant for a nuclear facility license is ADAMS Public Documents collection at
the U.S.; and Passport information to owned, controlled, or dominated by an http://www.nrc.gov/reading-rm/
include Country of issue, number, and alien, a foreign corporation, or a foreign adams.html. To begin the search, select
expiration date to the Marshall Space government. This SRP will be used as ‘‘ADAMS Public Documents’’ and then
Flight Center Protective Services and the basis for such reviews in connection select ‘‘Begin Web-based ADAMS
Export Control Office no later than close with license applications for new Search.’’ For problems with ADAMS,
of business on May 4, 2016. If the above facilities, or applications for approval of please contact the NRC’s Public
information is not received by the noted direct or indirect transfers of facility Document Room (PDR) reference staff at
dates, attendees should expect a licenses. 1–800–397–4209, 301–415–4737, or by
minimum delay of four (4) hours. All email to pdr.resource@nrc.gov. The
visitors to this meeting will be required DATES: Comments must be filed no later
Draft Standard Review Plan on Foreign
asabaliauskas on DSK3SPTVN1PROD with NOTICES
to process in through the Redstone/ than May 27, 2016. Comments received
Ownership, Control, or Domination,
Marshall Space Flight Center Joint after this date will be considered if it is
Revision 1, is available in ADAMS
Visitor Control Center located on practical to do so, but the Commission
under Accession No. ML16048A025.
Rideout Road, north of Gate 9, prior to is able to ensure consideration only for • NRC’s PDR: You may examine and
entering Marshall Space Flight Center. comments received on or before this purchase copies of public documents at
Please provide the appropriate data, via date. the NRC’s PDR, Room O1–F21, One
fax at (256) 544–2101, noting at the top ADDRESSES: You may submit comments White Flint North, 11555 Rockville
of the page ‘‘Public Admission to the by any of the following methods (unless Pike, Rockville, Maryland 20852.
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![24894 Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Notices
B. Submitting Comments entity. If a co-licensee of an existing Tuesday, May 17, 2016—1:00 p.m. until
Please include Docket ID NRC–2016– facility owns a partial interest in the 5:00 p.m.
0088 in your comment submission. facility and is transferring that interest,
the acquirer should also be considered The Subcommittee will review the
The NRC cautions you not to include cyber security informational SECY
identifying or contact information that to determine whether it is owned,
controlled, or dominated by a foreign paper on Control of Access. The
you do not want to be publicly Subcommittee will hear presentations
disclosed in your comment submission. entity.
by and hold discussions with the NRC
The NRC will post all comment The FOCD determination is to be staff and other interested persons
submissions at http:// made with an orientation toward the regarding this matter. The
www.regulations.gov as well as enter the common defense and security. The Subcommittee will gather information,
comment submissions into ADAMS. provisions in the AEA for FOCD and analyze relevant issues and facts, and
The NRC does not routinely edit inimicality, and the staff’s reviews of formulate proposed positions and
comment submissions to remove these areas under NRC regulations, are actions, as appropriate, for deliberation
identifying or contact information. derived from the same national security by the Full Committee.
If you are requesting or aggregating concerns, but appear in separate and Members of the public desiring to
comments from other persons for distinct language in the AEA. The FOCD provide oral statements and/or written
submission to the NRC, then you should provisions in the AEA and NRC comments should notify the Designated
inform those persons not to include regulations are country-neutral, whereas Federal Official (DFO), Christina
identifying or contact information that the staff’s inimicality review and its Antonescu (Telephone 301–415–6792 or
they do not want to be publicly findings directly account for a license Email: Christina.Antonescu@nrc.gov)
disclosed in their comment submission. applicant’s country of origin and any five days prior to the meeting, if
Your request should state that the NRC ties or interests that could result in a possible, so that appropriate
does not routinely edit comment determination of inimicality. As such, arrangements can be made. Thirty-five
submissions to remove such information while FOCD and inimicality are closely hard copies of each presentation or
before making the comment related, this SRP does not address the handout should be provided to the DFO
submissions available to the public or determination of whether issuance of a thirty minutes before the meeting. In
entering the comment into ADAMS. license would be inimical to the addition, one electronic copy of each
II. Discussion common defense and security or to the presentation should be emailed to the
health and safety of the public. DFO one day before the meeting. If an
The NRC is issuing this revision to the
The previous revision of this SRP was electronic copy cannot be provided
SRP on Foreign Ownership, Control, or
approved by the Commission in its staff within this timeframe, presenters
Domination (FOCD), to provide
requirements memorandum on SECY– should provide the DFO with a CD
guidance and establish procedures for
99–165, ‘‘Final Standard Review Plan containing each presentation at least
NRC staff’s review of whether an
Regarding Foreign Ownership, Control, thirty minutes before the meeting.
applicant for a nuclear facility license
or Domination of Applicants for Reactor Electronic recordings will be permitted
issued under sections 103.d.,
Licenses,’’ dated August 31, 1999, and only during those portions of the
‘‘Commercial Licenses,’’ or 104.d.,
published in the Federal Register on meeting that are open to the public.
‘‘Medical Therapy and Research and
September 28, 1999. Revision 1 to this Detailed procedures for the conduct of
Development,’’ of the Atomic Energy
SRP has been updated to reflect current and participation in ACRS meetings
Act of 1954, as amended (AEA or Act),
NRC regulations and policy. were published in the Federal Register
is owned, controlled, or dominated by
an alien, a foreign corporation, or a Dated at Rockville, Maryland, this 19th day on October 21, 2015, (80 FR 63846).
foreign government (individually or of April 2016. Detailed meeting agendas and meeting
collectively, a foreign entity). For the Nuclear Regulatory Commission. transcripts are available on the NRC
Specifically, this revision of the SRP Web site at http://www.nrc.gov/reading-
William M. Dean,
establishes guidance on graded negation rm/doc-collections/acrs. Information
Director, Office of Nuclear Reactor regarding topics to be discussed,
action plan (NAP) criteria; provides for Regulation.
the consideration of site-specific changes to the agenda, whether the
[FR Doc. 2016–09916 Filed 4–26–16; 8:45 am] meeting has been canceled or
criteria, as necessary; allows for the use
of license conditions to incorporate BILLING CODE 7590–01–P rescheduled, and the time allotted to
NAPs and the staff’s ‘‘totality of facts’’ present oral statements can be obtained
review approach; and incorporates from the Web site cited above or by
NUCLEAR REGULATORY contacting the identified DFO.
provisions for analyzing foreign
COMMISSION Moreover, in view of the possibility that
financing. This SRP will be used as the
basis for the conduct of FOCD reviews the schedule for ACRS meetings may be
Advisory Committee on Reactor adjusted by the Chairman as necessary
associated with license applications for Safeguards (ACRS) Meeting of the
new facilities to be licensed under title to facilitate the conduct of the meeting,
ACRS Subcommittee on Digital I&C persons planning to attend should check
10 of the Code of Federal Regulations Systems; Notice of Meeting
(10 CFR), parts 50 and 52; applications with these references if such
for the renewal of facility licenses; or rescheduling would result in a major
asabaliauskas on DSK3SPTVN1PROD with NOTICES
The ACRS Subcommittee on Digital inconvenience.
applications for approval of direct or I&C Systems will hold a meeting on May
indirect transfers of facility licenses. 17, 2016, Room T–2B1, 11545 Rockville If attending this meeting, please enter
Where there are co-applicants, each Pike, Rockville, Maryland. through the One White Flint North
intending to own an interest in a new building, 11555 Rockville Pike,
facility as co-licensees, the reviewer The meeting will be open to public Rockville, MD. After registering with
should consider each applicant to attendance. security, please contact Mr. Theron
determine whether it is owned, The agenda for the subject meeting Brown (Telephone 240–888–9835) to be
controlled, or dominated by a foreign shall be as follows: escorted to the meeting room.
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Document Created: 2018-02-07 13:55:43
Document Modified: 2018-02-07 13:55:43
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Standard review plan-draft section revision; request for comment. | |
| Dates | Comments must be filed no later than May 27, 2016. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date. | |
| Contact | Shawn W. Harwell, Office of Nuclear Reactor Regulation, telephone: 301-415-1309; email: [email protected], U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. | |
| FR Citation | 81 FR 24893 |
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