NRC Issues Direct Final Rule Reflecting Consolidation of All License Requests Into NRC Form 7

Previously, NRC Form 7 was used only for applications for export of nuclear material and equipment. Import license applications, production or utilization facility export applications, and license amendment and renewal applications were filed by letter. As a result of the revision, these requests previously made by letter, now will be made using NRC Form 7. The direct final rule amends the regulations that govern export and import of nuclear material and equipment to reflect that all license requests are to be made using NRC Form 7, as revised.

Direct Final Rule Effective June 27, 2006 Unless Adverse Comment, Etc. Is Received

The NRC states that the direct final rule will become effective June 27, 2006 unless it receives a significant adverse comment by May 15, 2006. If the direct final rule is withdrawn as a result of such a comment, timely notice of withdrawal will be published in the Federal Register.

In addition to the direct final rule, the NRC has also published a companion proposed rule. If the direct final rule is withdrawn, any comments received will be addressed in a later final rule that would be based on the proposed rule. Unless the modifications to the proposed rule are significant enough to require that it be republished as a proposed rule, the NRC will not initiate a second comment period on this action.

Revised NRC Form 7 Divided Into Five Parts

According to the NRC, the direct final rule amends 10 CFR Part 110 to reflect revisions made to NRC Form 7 regarding the method for filing import and export license requests. NRC Form 7, as revised, is now divided into the following five parts:

Part A is for the NRC's internal use.

Part B must be completed by all applicants and requires that the applicant provide its name, contact, physical address, phone number, type of licensing action, first and last shipment date, and proposed expiration date.

Part C must be completed for export or combined export/import licenses, amendments, or renewal requests. The type of information required in Part C includes names and addresses of suppliers and other parties to the export, names and addresses of intermediate and ultimate locations, type of licensing action, functions to be performed, physical addresses where correspondence should be sent, and where exports could be inspected. Part C also requires a description of key characteristics including physical and chemical forms of the radioactive materials, sealed sources, nuclear facilities, equipment, or components. The maximum total volume, element weight, or total activity also must be provided.

Part D must be completed for import or combined export/import licenses, amendments, or renewal requests. It requires information similar to that required in Part C; however, Part D also requires that the applicant provide the NRC or Agreement State Materials License number(s) including the expiration date(s) for each U.S. consignee.

Part E must be completed by all applicants. In Part E, the applicant must verify whether domestic recipients' authorizations required for Appendix P materials are included with the application. The applicant also must provide a signature certification that all information in the application is prepared in conformity with 10 CFR Part 110, and that all information provided is correct to the best of the applicant's knowledge.

-written comments on either direct final rule or proposed rule must be received by May 15, 2006 to be assured of timely consideration.

NRC Contact - Brooke Smith (301) 415-2347

NRC Direct Final Rule (FR Pub 04/13/06) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-3551.pdf

NRC Proposed Rule (FR Pub 04/13/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-5497.pdf