82_FR_22770 82 FR 22676 - In the Matter of Airgas Specialty Gases, Inc.; Order Approving Direct and Indirect Transfers of Control of License

82 FR 22676 - In the Matter of Airgas Specialty Gases, Inc.; Order Approving Direct and Indirect Transfers of Control of License

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 94 (May 17, 2017)

Page Range22676-22677
FR Document2017-09985

The U.S. Nuclear Regulatory Commission (NRC) is issuing an Order approving a request, submitted by Shipping International, Inc. (SII), working under a power of attorney signed by Airgas USA, LLC, seeking the NRC's consent to the direct and indirect transfers of control of Export License XMAT427. In addition, SII requested approval of a conforming license amendment to reflect the new name of the holder of the license from Airgas Specialty Gases, Inc., to Airgas USA, LLC.

Federal Register, Volume 82 Issue 94 (Wednesday, May 17, 2017)
[Federal Register Volume 82, Number 94 (Wednesday, May 17, 2017)]
[Notices]
[Pages 22676-22677]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09985]


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NUCLEAR REGULATORY COMMISSION

[EA-16-167; Docket Nos. 11006088 and NRC-2017-0114; License No. 
XMAT427]


In the Matter of Airgas Specialty Gases, Inc.; Order Approving 
Direct and Indirect Transfers of Control of License

AGENCY: Nuclear Regulatory Commission.

ACTION: Order; issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
Order approving a request, submitted by Shipping International, Inc. 
(SII), working under a power of attorney signed by Airgas USA, LLC, 
seeking the NRC's consent to the direct and indirect transfers of 
control of Export License XMAT427. In addition, SII requested approval 
of a conforming license amendment to reflect the new name of the holder 
of the license from Airgas Specialty Gases, Inc., to Airgas USA, LLC.

DATES: The Order was issued on April 26, 2017.

ADDRESSES: Please refer to NRC-2017-0114 when contacting the NRC about 
the availability of information for this action. You may obtain 
publicly-available information related to this document using any of 
the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0114. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For questions about the Order 
contact the individual listed in the FOR FURTHER INFORMATION CONTACT 
section of this document.
     NRC's Agencywide Documents Access and Management System: 
You may obtain publicly-available documents online in the Agencywide 
Documents Access and Management System (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 pdr.resource@nrc.gov. The ADAMS accession number 
for each document referenced (if it is available in ADAMS) is provided 
the first time that a document is referenced in this document.
     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: Andrea R. Jones, Office of 
International Programs, telephone: 301-287-9072, email: 
Andrea.Jones2@nrc.gov; U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated: May 8, 2017.

    For the Nuclear Regulatory Commission.
David L. Skeen,
Acting Director, Office of Internal Programs.

United States of America

U.S. Nuclear Regulatory Commission

In the Matter of Airgas Specialty Gases, Inc.; EA-16-167; Docket No. 
11006088; License No. XMAT427

Order Approving Direct and Indirect Transfers of Control of Export 
License

I.

    As of April 1, 2016, Airgas Specialty Gases, Inc. (``ASG''), a 
Texas corporation and holder of one U.S. Nuclear Regulatory Commission 
(NRC) export license (XMAT427), was merged into Airgas USA, LLC, a 
Delaware limited liability company, with Airgas USA, LLC, being the 
surviving entity and ASG not existing as a separate legal entity after 
the merger. Prior to this restructuring, both ASG and Airgas USA, LLC, 
were subsidiaries of Airgas, Inc. On May 23, 2016, Airgas, Inc. was 
acquired by L'Air Liquide, S.A. (``Air Liquide''), a public company in 
France. American Air Liquide Holdings, Inc. and Air Liquide 
International S.A., which were subsidiaries of Air Liquide before the 
May 23, 2016, acquisition, continued to exist. Following the May 23, 
2016, acquisition, Airgas USA, LLC, remained a wholly-owned subsidiary 
of Airgas, Inc., but Airgas, Inc. became a wholly-owned subsidiary of 
American Air Liquide Holdings, Inc. American Air Liquide Holdings, Inc. 
is owned by American Air Liquide, Inc. (97.33033% ownership) and Carba 
Holdings, AG (2.66967% ownership), both of which are owned by Air 
Liquide International S.A. Air Liquide International S.A. is a direct 
subsidiary of Air Liquide (the ultimate parent company).

II.

    On December 5, 2016, after a review of records associated with 
ASG's indirect and direct transfers of control and records associated 
with the export of nuclear material to China on May 9, 2016, the NRC 
issued a Notice of Violation (NOV) to ASG (Agencywide Documents Access 
and Management System (ADAMS) Accession No. ML16245A279). The NRC 
determined that three violations of NRC requirements occurred. The 
violations involved: (1) The direct transfer of control of XMAT427 
without Commission approval as required by Title 10 of the Code of 
Federal Regulations (10 CFR), Section 110.50(d), and Section 184 of the 
Atomic Energy Act (AEA) of 1954, as amended (42 U.S.C. 2234); (2) the 
indirect transfer of control of XMAT427 without written Commission 
consent as required by Section 184 of the AEA; and (3) the export of 
nuclear material without obtaining a specific license as required by 10 
CFR 110.5. Specifically, 10 CFR 110.50(d) states that a ``specific 
license may be transferred, disposed of or assigned to another person 
only with the approval of the Commission by license amendment.'' 
Section 184 of the AEA states, in part, that no NRC license shall be 
transferred, directly or indirectly, through transfer of control of any 
license to any person, unless the Commission shall, after securing full 
information, find that the transfer is in accordance with the 
provisions of this Act, and shall give its consent in writing. And 10 
CFR 110.5 states, in part, that no person may export any nuclear 
material listed in 10 CFR 110.9 unless authorized by a general or 
specific license issued under 10 CFR part 110. Because ASG did not 
receive Commission approval, the NRC did not have the opportunity to 
review the planned transfers of control to ensure that the transferee 
possessed the appropriate authority over the license being directly or 
indirectly acquired and controlled. The violations associated with the 
indirect and direct transfers of control of XMAT427, without Commission 
approval, were categorized collectively, in accordance with the NRC 
Enforcement Policy, as a Severity Level IV problem because of the low 
radiological or programmatic significance associated with the 
particular circumstances of the case. Because the activities conducted 
under XMAT427 do not involve the actual storage of licensed material, 
the NRC

[[Page 22677]]

determined that little or no radiological or programmatic safety 
significance resulted from these violations.

III.

    On January 3, 2017, Shipping International, Inc. (SII), working 
under a power of attorney signed by Airgas USA, LLC, responded to the 
NOV, and included (1) the reason for the violation; (2) the corrective 
actions taken; and (3) the date when full compliance will be achieved 
(ADAMS Accession No. ML17006A026). The corrective actions included:
    1. No exports under XMAT427, until written approval has been 
received from the Commission.
    2. Submission of a new application requesting approval for the 
transfers of control and an amendment to reflect the new name of the 
licensee, from ASG to Airgas USA, LLC.
    On January 26, 2017, the NRC responded to SII's January 3, 2017, 
response to the NOV and concluded that the completed and proposed 
actions met the requirements of 10 CFR 2.201 (ADAMS Accession No. 
ML17019A026).

IV.

    By letter dated January 31, 2017, (ADAMS Accession Nos. ML17034A058 
and ML17034A075), as supplemented by information provided via 
electronic communication, draft application, and the attachment dated 
January 4, 2017 (ADAMS Accession No. ML17059D006); electronic 
communication and the attachment dated December 12, 2016 (ADAMS 
Accession No. ML17059D011); electronic communication and the 
attachments dated November 30, 2016 (ADAMS Accession Nos. ML17111A620, 
ML17033A277, and ML17033A281); electronic communication, draft 
application, and the attachment dated September 6, 2016 (ADAMS 
Accession No. ML17059D013); electronic communication and the attachment 
dated August 26, 2016 (ADAMS Accession No. ML17059D012); and electronic 
communication and draft application dated July 29, 2016 (ADAMS 
Accession No. ML17081A278), SII requested approval of the indirect and 
direct transfers of control of XMAT427. In addition, SII requested 
approval of a conforming amendment to reflect the new name of the 
licensee, from ASG to Airgas USA, LLC. SII's request for the NRC's 
consent to the transfers of control was submitted pursuant to Section 
184 of the AEA and 10 CFR 110.50(d).
    The letter from SII requesting NRC approval of the transfers and an 
amendment to export license XMAT427 was made publicly available on the 
NRC's public Web site on February 3, 2017. No requests for a hearing or 
comments were received.
    As previously stated, pursuant to Section 184 of the AEA, no 
license granted under 10 CFR part 110 shall be transferred, assigned, 
or in any manner disposed of, directly or indirectly, through transfer 
of control of any license to any person unless the Commission, after 
securing full information, finds that the transfer is in accordance 
with the provisions of the AEA, and gives its consent in writing. 
Pursuant to 10 CFR 110.50(d), a specific license may be transferred, 
disposed of, or assigned to another person only with the approval of 
the Commission by license amendment. Pursuant to 10 CFR 110.51(a)(1), 
an application requesting amendment of a specific license shall be 
filed on NRC Form 7, ``Application for NRC Export or Import License, 
Amendment, Renewal, or Consent Request(s),'' in accordance with 10 CFR 
110.31 and 110.32, and must specify the grounds for the requested 
amendment.
    The Commission will approve an application for direct and indirect 
transfers of control of a license if the Commission determines that the 
proposed transferee is qualified to hold the license, and that the 
transfers are otherwise consistent with applicable provisions of law, 
regulations, and orders issued by the Commission pursuant thereto. SII, 
acting on behalf of Airgas USA, LLC, has represented that with respect 
to XMAT427, (1) there will be no change in personnel, facilities, 
equipment, or procedures; (2) all records will be kept in the same 
facilities; and (3) the transferee will abide by all constraints, 
conditions, and requirements of the licensed program and will abide by 
the regulations in 10 CFR 110.53. After review of the information in 
SII's request dated January 31, 2017, and relying on SII's statements 
and representations contained in its electronic communications and 
supplemental information, the NRC staff has determined that the 
proposed transferee is qualified to hold the license and that the 
direct and indirect transfers of control are consistent with the 
applicable provisions of the AEA, regulations, and orders issued by the 
Commission. The NRC staff has further determined that the request for 
the proposed conforming license amendment complies with the standards 
and requirements of the AEA, and the NRC's regulations set forth in 10 
CFR part 110. The transfers of control of the license and issuance of 
the conforming license amendment will not be inimical to the common 
defense and security, or to the health and safety of the public, and 
all applicable requirements have been satisfied.

V.

    Accordingly, pursuant to Section 184 of the AEA and 10 CFR 
110.50(d), it is hereby ordered that SII's application regarding the 
transfers of control of the license, as described herein, be approved.
    It is further ordered that the conforming license amendment 
regarding the license transfer shall be issued.
    This Order is effective upon issuance.
    For further details with respect to this Order, see the application 
dated January 31, 2017 (which can be found using ADAMS Accession 
Numbers ML17034A058 and ML17034A075) and SII's supplemental 
communications dated January 4, 2017, December 12, 2016, November 30, 
2016, September 6, 2016, August 26, 2016, and July 29, 2016. These 
documents are available for public inspection at the Commission Public 
Document Room (PDR), located at One White Flint North, Room O1-F21, 
11555 Rockville Pike (first floor), Rockville, MD 20852, and available 
online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who 
encounter problems in accessing the documents located in ADAMS should 
contact the NRC PDR Reference staff by telephone at 1-800-397-4209, or 
301-415-4737 or by email to pdr@nrc.gov.

    Dated at Rockville, Maryland, this 26th day of April 2017.

    For the Nuclear Regulatory Commission.
Nader L. Mamish,
Director, Office of International Programs.
[FR Doc. 2017-09985 Filed 5-16-17; 8:45 am]
BILLING CODE 7590-01-P



                                               22676                        Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices

                                               subsection (c)(6) of section 552b of title              Web-based ADAMS Search.’’ For                         S.A. Air Liquide International S.A. is a
                                               5, United States Code.                                  problems with ADAMS, please contact                   direct subsidiary of Air Liquide (the
                                                 Dated: May 12, 2017.                                  the NRC’s Public Document Room (PDR)                  ultimate parent company).
                                                                                                       reference staff at 1–800–397–4209, 301–
                                               Sherry P. Hale,                                                                                               II.
                                                                                                       415–4737, or by email to pdr.resource@
                                               Staff Assistant, National Endowment for the                                                                      On December 5, 2016, after a review
                                               Arts.
                                                                                                       nrc.gov. The ADAMS accession number
                                                                                                       for each document referenced (if it is                of records associated with ASG’s
                                               [FR Doc. 2017–09971 Filed 5–16–17; 8:45 am]                                                                   indirect and direct transfers of control
                                                                                                       available in ADAMS) is provided the
                                               BILLING CODE 7537–01–P
                                                                                                       first time that a document is referenced              and records associated with the export
                                                                                                       in this document.                                     of nuclear material to China on May 9,
                                                                                                          • NRC’s PDR: You may examine and                   2016, the NRC issued a Notice of
                                               NUCLEAR REGULATORY                                      purchase copies of public documents at                Violation (NOV) to ASG (Agencywide
                                               COMMISSION                                              the NRC’s PDR, Room O1–F21, One                       Documents Access and Management
                                                                                                       White Flint North, 11555 Rockville                    System (ADAMS) Accession No.
                                               [EA–16–167; Docket Nos. 11006088 and                                                                          ML16245A279). The NRC determined
                                               NRC–2017–0114; License No. XMAT427]                     Pike, Rockville, Maryland 20852.
                                                                                                       FOR FURTHER INFORMATION CONTACT:                      that three violations of NRC
                                               In the Matter of Airgas Specialty                       Andrea R. Jones, Office of International              requirements occurred. The violations
                                               Gases, Inc.; Order Approving Direct                     Programs, telephone: 301–287–9072,                    involved: (1) The direct transfer of
                                               and Indirect Transfers of Control of                    email: Andrea.Jones2@nrc.gov; U.S.                    control of XMAT427 without
                                               License                                                 Nuclear Regulatory Commission,                        Commission approval as required by
                                                                                                       Washington, DC 20555–0001.                            Title 10 of the Code of Federal
                                               AGENCY: Nuclear Regulatory                                                                                    Regulations (10 CFR), Section 110.50(d),
                                                                                                       SUPPLEMENTARY INFORMATION: The text of
                                               Commission.                                                                                                   and Section 184 of the Atomic Energy
                                                                                                       the Order is attached.                                Act (AEA) of 1954, as amended (42
                                               ACTION: Order; issuance.
                                                                                                         Dated: May 8, 2017.                                 U.S.C. 2234); (2) the indirect transfer of
                                               SUMMARY:   The U.S. Nuclear Regulatory                    For the Nuclear Regulatory Commission.              control of XMAT427 without written
                                               Commission (NRC) is issuing an Order                    David L. Skeen,                                       Commission consent as required by
                                               approving a request, submitted by                       Acting Director, Office of Internal Programs.         Section 184 of the AEA; and (3) the
                                               Shipping International, Inc. (SII),                                                                           export of nuclear material without
                                               working under a power of attorney                       United States of America                              obtaining a specific license as required
                                               signed by Airgas USA, LLC, seeking the                  U.S. Nuclear Regulatory Commission                    by 10 CFR 110.5. Specifically, 10 CFR
                                               NRC’s consent to the direct and indirect                                                                      110.50(d) states that a ‘‘specific license
                                                                                                       In the Matter of Airgas Specialty Gases,              may be transferred, disposed of or
                                               transfers of control of Export License
                                                                                                       Inc.; EA–16–167; Docket No. 11006088;                 assigned to another person only with
                                               XMAT427. In addition, SII requested
                                                                                                       License No. XMAT427                                   the approval of the Commission by
                                               approval of a conforming license
                                               amendment to reflect the new name of                    Order Approving Direct and Indirect                   license amendment.’’ Section 184 of the
                                               the holder of the license from Airgas                   Transfers of Control of Export License                AEA states, in part, that no NRC license
                                               Specialty Gases, Inc., to Airgas USA,                   I.                                                    shall be transferred, directly or
                                               LLC.                                                                                                          indirectly, through transfer of control of
                                                                                                          As of April 1, 2016, Airgas Specialty              any license to any person, unless the
                                               DATES:  The Order was issued on April                   Gases, Inc. (‘‘ASG’’), a Texas corporation            Commission shall, after securing full
                                               26, 2017.                                               and holder of one U.S. Nuclear                        information, find that the transfer is in
                                               ADDRESSES: Please refer to NRC–2017–                    Regulatory Commission (NRC) export                    accordance with the provisions of this
                                               0114 when contacting the NRC about                      license (XMAT427), was merged into                    Act, and shall give its consent in
                                               the availability of information for this                Airgas USA, LLC, a Delaware limited                   writing. And 10 CFR 110.5 states, in
                                               action. You may obtain publicly-                        liability company, with Airgas USA,                   part, that no person may export any
                                               available information related to this                   LLC, being the surviving entity and ASG               nuclear material listed in 10 CFR 110.9
                                               document using any of the following                     not existing as a separate legal entity               unless authorized by a general or
                                               methods:                                                after the merger. Prior to this                       specific license issued under 10 CFR
                                                 • Federal Rulemaking Web site: Go to                  restructuring, both ASG and Airgas                    part 110. Because ASG did not receive
                                               http://www.regulations.gov and search                   USA, LLC, were subsidiaries of Airgas,                Commission approval, the NRC did not
                                               for Docket ID NRC–2017–0114. Address                    Inc. On May 23, 2016, Airgas, Inc. was                have the opportunity to review the
                                               questions about NRC dockets to Carol                    acquired by L’Air Liquide, S.A. (‘‘Air                planned transfers of control to ensure
                                               Gallagher; telephone: 301–415–3463;                     Liquide’’), a public company in France.               that the transferee possessed the
                                               email: Carol.Gallagher@nrc.gov. For                     American Air Liquide Holdings, Inc.                   appropriate authority over the license
                                               questions about the Order contact the                   and Air Liquide International S.A.,                   being directly or indirectly acquired and
                                               individual listed in the FOR FURTHER                    which were subsidiaries of Air Liquide                controlled. The violations associated
                                               INFORMATION CONTACT section of this                     before the May 23, 2016, acquisition,                 with the indirect and direct transfers of
                                               document.                                               continued to exist. Following the May                 control of XMAT427, without
                                                 • NRC’s Agencywide Documents                          23, 2016, acquisition, Airgas USA, LLC,               Commission approval, were categorized
                                               Access and Management System: You                       remained a wholly-owned subsidiary of                 collectively, in accordance with the
                                               may obtain publicly-available                           Airgas, Inc., but Airgas, Inc. became a               NRC Enforcement Policy, as a Severity
nlaroche on DSK30NT082PROD with NOTICES




                                               documents online in the Agencywide                      wholly-owned subsidiary of American                   Level IV problem because of the low
                                               Documents Access and Management                         Air Liquide Holdings, Inc. American Air               radiological or programmatic
                                               System (ADAMS) Public Documents                         Liquide Holdings, Inc. is owned by                    significance associated with the
                                               collection at http://www.nrc.gov/                       American Air Liquide, Inc. (97.33033%                 particular circumstances of the case.
                                               reading-rm/adams.html. To begin the                     ownership) and Carba Holdings, AG                     Because the activities conducted under
                                               search, select ‘‘ADAMS Public                           (2.66967% ownership), both of which                   XMAT427 do not involve the actual
                                               Documents’’ and then select ‘‘Begin                     are owned by Air Liquide International                storage of licensed material, the NRC


                                          VerDate Sep<11>2014   15:18 May 16, 2017   Jkt 241001   PO 00000   Frm 00034   Fmt 4703   Sfmt 4703   E:\FR\FM\17MYN1.SGM   17MYN1


                                                                            Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices                                                   22677

                                               determined that little or no radiological               NRC’s public Web site on February 3,                  security, or to the health and safety of
                                               or programmatic safety significance                     2017. No requests for a hearing or                    the public, and all applicable
                                               resulted from these violations.                         comments were received.                               requirements have been satisfied.
                                                                                                          As previously stated, pursuant to
                                               III.                                                    Section 184 of the AEA, no license                    V.
                                                  On January 3, 2017, Shipping                         granted under 10 CFR part 110 shall be                   Accordingly, pursuant to Section 184
                                               International, Inc. (SII), working under a              transferred, assigned, or in any manner               of the AEA and 10 CFR 110.50(d), it is
                                               power of attorney signed by Airgas                      disposed of, directly or indirectly,                  hereby ordered that SII’s application
                                               USA, LLC, responded to the NOV, and                     through transfer of control of any                    regarding the transfers of control of the
                                               included (1) the reason for the violation;              license to any person unless the                      license, as described herein, be
                                               (2) the corrective actions taken; and (3)               Commission, after securing full                       approved.
                                               the date when full compliance will be                   information, finds that the transfer is in               It is further ordered that the
                                               achieved (ADAMS Accession No.                           accordance with the provisions of the                 conforming license amendment
                                               ML17006A026). The corrective actions                    AEA, and gives its consent in writing.                regarding the license transfer shall be
                                               included:                                               Pursuant to 10 CFR 110.50(d), a specific              issued.
                                                  1. No exports under XMAT427, until                   license may be transferred, disposed of,                 This Order is effective upon issuance.
                                               written approval has been received from                 or assigned to another person only with                  For further details with respect to this
                                               the Commission.                                         the approval of the Commission by                     Order, see the application dated January
                                                  2. Submission of a new application                   license amendment. Pursuant to 10 CFR                 31, 2017 (which can be found using
                                               requesting approval for the transfers of                110.51(a)(1), an application requesting               ADAMS Accession Numbers
                                               control and an amendment to reflect the                 amendment of a specific license shall be              ML17034A058 and ML17034A075) and
                                               new name of the licensee, from ASG to                   filed on NRC Form 7, ‘‘Application for                SII’s supplemental communications
                                               Airgas USA, LLC.                                        NRC Export or Import License,                         dated January 4, 2017, December 12,
                                                  On January 26, 2017, the NRC                         Amendment, Renewal, or Consent                        2016, November 30, 2016, September 6,
                                               responded to SII’s January 3, 2017,                     Request(s),’’ in accordance with 10 CFR               2016, August 26, 2016, and July 29,
                                               response to the NOV and concluded that                  110.31 and 110.32, and must specify the               2016. These documents are available for
                                               the completed and proposed actions met                  grounds for the requested amendment.                  public inspection at the Commission
                                               the requirements of 10 CFR 2.201                           The Commission will approve an                     Public Document Room (PDR), located
                                               (ADAMS Accession No. ML17019A026).                      application for direct and indirect                   at One White Flint North, Room O1–
                                               IV.                                                     transfers of control of a license if the              F21, 11555 Rockville Pike (first floor),
                                                                                                       Commission determines that the                        Rockville, MD 20852, and available
                                                  By letter dated January 31, 2017,                    proposed transferee is qualified to hold
                                               (ADAMS Accession Nos. ML17034A058                                                                             online in the ADAMS Public Documents
                                                                                                       the license, and that the transfers are               collection at http://www.nrc.gov/
                                               and ML17034A075), as supplemented                       otherwise consistent with applicable
                                               by information provided via electronic                                                                        reading-rm/adams.html. Persons who
                                                                                                       provisions of law, regulations, and                   do not have access to ADAMS or who
                                               communication, draft application, and                   orders issued by the Commission
                                               the attachment dated January 4, 2017                                                                          encounter problems in accessing the
                                                                                                       pursuant thereto. SII, acting on behalf of            documents located in ADAMS should
                                               (ADAMS Accession No. ML17059D006);                      Airgas USA, LLC, has represented that
                                               electronic communication and the                                                                              contact the NRC PDR Reference staff by
                                                                                                       with respect to XMAT427, (1) there will               telephone at 1–800–397–4209, or 301–
                                               attachment dated December 12, 2016                      be no change in personnel, facilities,
                                               (ADAMS Accession No. ML17059D011);                                                                            415–4737 or by email to pdr@nrc.gov.
                                                                                                       equipment, or procedures; (2) all
                                               electronic communication and the                        records will be kept in the same                        Dated at Rockville, Maryland, this 26th day
                                               attachments dated November 30, 2016                     facilities; and (3) the transferee will               of April 2017.
                                               (ADAMS Accession Nos.                                   abide by all constraints, conditions, and               For the Nuclear Regulatory Commission.
                                               ML17111A620, ML17033A277, and                           requirements of the licensed program                  Nader L. Mamish,
                                               ML17033A281); electronic                                and will abide by the regulations in 10               Director, Office of International Programs.
                                               communication, draft application, and                   CFR 110.53. After review of the                       [FR Doc. 2017–09985 Filed 5–16–17; 8:45 am]
                                               the attachment dated September 6, 2016                  information in SII’s request dated                    BILLING CODE 7590–01–P
                                               (ADAMS Accession No. ML17059D013);                      January 31, 2017, and relying on SII’s
                                               electronic communication and the                        statements and representations
                                               attachment dated August 26, 2016                        contained in its electronic                           NUCLEAR REGULATORY
                                               (ADAMS Accession No. ML17059D012);                      communications and supplemental                       COMMISSION
                                               and electronic communication and draft                  information, the NRC staff has
                                                                                                                                                             [NRC–2017–0115]
                                               application dated July 29, 2016                         determined that the proposed transferee
                                               (ADAMS Accession No. ML17081A278),                      is qualified to hold the license and that             Fiscal Year 2016 Report to Congress
                                               SII requested approval of the indirect                  the direct and indirect transfers of                  on Abnormal Occurrences
                                               and direct transfers of control of                      control are consistent with the
                                               XMAT427. In addition, SII requested                     applicable provisions of the AEA,                     AGENCY: Nuclear Regulatory
                                               approval of a conforming amendment to                   regulations, and orders issued by the                 Commission.
                                               reflect the new name of the licensee,                   Commission. The NRC staff has further                 ACTION: NUREG; issuance.
                                               from ASG to Airgas USA, LLC. SII’s                      determined that the request for the
                                               request for the NRC’s consent to the                    proposed conforming license                           SUMMARY:   The U.S. Nuclear Regulatory
nlaroche on DSK30NT082PROD with NOTICES




                                               transfers of control was submitted                      amendment complies with the                           Commission (NRC) is issuing NUREG–
                                               pursuant to Section 184 of the AEA and                  standards and requirements of the AEA,                0090, Volume 39, ‘‘Report to Congress
                                               10 CFR 110.50(d).                                       and the NRC’s regulations set forth in 10             on Abnormal Occurrences: Fiscal Year
                                                  The letter from SII requesting NRC                   CFR part 110. The transfers of control of             2016.’’ The report describes those events
                                               approval of the transfers and an                        the license and issuance of the                       that the NRC or an Agreement State
                                               amendment to export license XMAT427                     conforming license amendment will not                 identified as abnormal occurrences
                                               was made publicly available on the                      be inimical to the common defense and                 (AOs) during fiscal year (FY) 2016,


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Document Created: 2017-05-17 01:42:00
Document Modified: 2017-05-17 01:42:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionOrder; issuance.
DatesThe Order was issued on April 26, 2017.
ContactAndrea R. Jones, Office of International Programs, telephone: 301-287-9072, email: [email protected]; U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation82 FR 22676 

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