22 July 2005 Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html ----------------------------------------------------------------------- [Federal Register: July 21, 2005 (Volume 70, Number 139)] [Rules and Regulations] [Page 41952-41953] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr21jy05-9] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 774 [Docket No. 050707179-5179-01] RIN 0694-AD28 Exports of Nuclear Grade Graphite: Change in Licensing Jurisdiction. AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Bureau of Industry and Security is publishing this final rule to make nuclear grade graphite intended for non-nuclear end uses subject to the Export Administration Regulations' licensing jurisdiction, and imposes a license requirement for exports and reexports to destinations of concern for nuclear proliferation reasons. The Nuclear Regulatory Commission (NRC) is discontinuing such jurisdiction in a corresponding final rule published in this same issue of the Federal Register. This transfer of jurisdiction and the imposition of license requirements only to destinations of concern for nuclear proliferation reasons are intended to remove the licensing burden on exporters of nuclear grade graphite intended for non-nuclear end uses to most destinations. DATES: This rule is effective: July 21, 2005. ADDRESSES: Although there is no formal comment period, public comments on this regulation are welcome on a continuing basis. Comments should be submitted to Jeff Lynch, Office of Exporter Services, Bureau of Export Administration, Department of Commerce, P.O. Box 273, Washington, D.C. 20044. FOR FURTHER INFORMATION CONTACT: Jeffery Lynch in the Regulatory Policy Division at (202) 482-2440 regarding questions of a general nature; or Steven Clagett in the Nuclear and Missile Technology Controls Division at (202) 482-1641 regarding questions of a technical nature. SUPPLEMENTARY INFORMATION: Background To date, the Nuclear Regulatory Commission (NRC) has controlled all exports of nuclear grade graphite under 10 CFR part 110, pursuant to section 109b of the Atomic Energy Act, which governs ``items or substances'' that are ``especially relevant from the standpoint of export control because of their significance for nuclear explosive purposes,'' 42 U.S.C. 2139. Due to improvements in technology, most U.S. bulk, non-fabricated graphite is now nuclear grade--i.e., has a purity level of less than 5 parts per million ``boron equivalent'' as measured according to American Society for Testing and Materials (ASTM) standard C-1233-98. The NRC has determined that the majority of nuclear grade graphite exports are intended for non-nuclear commercial end uses. The widespread commercial uses of this graphite and the limited proliferation concerns except when it is destined for a nuclear reactor, led the supplier nations to limit their export controls on nuclear grade graphite only when intended ``for use in a nuclear reactor.'' This limitation appears in the definitions of controlled items used by the Nuclear Non-Proliferation Treaty (NPT) Exporters (Zangger) Committee and the Nuclear Suppliers Group (NSG) (International Atomic Energy Agency INFCIRC/209 and 254 respectively). The NRC has determined, in consultation with other agencies, that, consistent with these multilateral definitions of controlled items, exports of nuclear grade graphite intended for uses other than in a nuclear reactor are not significant from a nuclear proliferation perspective. This final rule is published in conjunction with a corresponding final rule published by NRC that revises 10 CFR part 110 and discontinues NRClicensing jurisdiction of nuclear grade graphite intended for non-nuclear uses. Although the NRC's final rule removes the density parameter from its definition of nuclear grade graphite, this final rule retains the density parameter for nuclear grade graphite for non-nuclear end use in conformance with the NSG's definition of ``nuclear grade graphite'' set forth in INFCIRC/254/Rev. 6/Part 1 of May 2003. Specifically, this final rule revises Export Control Classification Number (ECCN) 0C005 on the Commerce Control List, which describes graphite that is subject to NRC jurisdiction, by removing the density parameter for nuclear grade graphite, so that nuclear grade graphite is defined only on the basis of its purity, consistent with the NRC definition in its corresponding rule. This final rule also revises ECCN 0C005 to reflect the NRC scope of jurisdiction for graphite intended for use in a nuclear reactor. This final rule also adds a new ECCN 1C298 to control the export of nuclear grade graphite with a purity level of less than 5 parts per million ``boron equivalent'' and a density greater than 1.5 grams per cubic centimeter to countries indicated under NP column 2 on the Commerce Country Chart. Finally, this final rule adds ``related controls'' notes to ECCNs 0C005, 1C107 and 1C298 to provide cross-references among all ECCNS that control any type of graphite. ECCN 1C107 controls graphite that meets certain density parameters for missile technology and antiterrorism reasons. In light of NRC's discontinued jurisdiction over graphite exports not intended for nuclear end use, nuclear grade graphite that is not described in ECCNs 1C107 or 1C298 is classified as EAR99 when intended for a use other than in a nuclear reactor. However, such graphite may require a license for reasons specified elsewhere in the EAR, for example, the end-user/end-use restrictions described in Part 744 of the EAR or the restrictions described in Part 746 of the EAR. Although the Export Administration Act expired on August 20, 2001, Executive Order 13222 (3 CFR 2001 Comp., p. 783), as extended by Federal Register Notice of August 6, 2004 (69 FR 48763, August 10, 2004) continues the Regulations in effect under the International Emergency Economic Powers Act. Rulemaking Requirements 1. This final rule has been determined to be not significant for purposes of E.O. 12866. 2. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information, subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) Control Number. This rule involves collections of information subject to the PRA. These collections have been approved by the Office of Management and Budget (OMB) under control number 0694-0088, ``Multi-Purpose Application,'' which carries a burden hour estimate of 58 minutes to prepare and submit. This rule is anticipated to increase the number of licenses required but not to increase the range of total burden hours associated with this control number. Send [[Page 41953]] comments regarding these burden estimates or any other aspect of these collections of information, including suggestions for reducing the burden, to David Rostker, OMB Desk Officer, by e-mail at david_rostker@omb.eop.gov or by fax to (202) 395-7285; and to the Regulatory Policy Division, Bureau of Industry and Security, Department of Commerce, P.O. Box 273, Washington, DC 20044. 3. This rule does not contain policies with Federalism implications as that term is defined under E.O. 13132. 4. The provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity for public participation, and a delay in effective date, are inapplicable because this regulation involves a military and foreign affairs function of the United States (5 U.S.C. 553(a)(1)). Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this final rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under the Administrative Procedure Act or by any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Therefore, this regulation is issued in final form. List of Subjects in 15 CFR Part 774 Exports, Reporting and recordkeeping requirements. 0 Accordingly, part 774 of the Export Administration Regulations (15 CFR parts 730-799) are amended as follows: PART 774--[AMENDED] 0 1. The authority citation for 15 CFR part 774 continues to read as follows: Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. 287c, 22 U.S.C. 3201 et seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 6, 2004, 69 FR 48763, August 10, 2004. 0 2. In Supplement No. 1 to part 774, Category 0, Nuclear Materials, Facilities and Equipment (And Misc. Items), ECCN 0C005 is revised to read as follows: 0C005 Graphite, having a purity level of less than 5 parts per million ``boron equivalent'' as measured according to ASTM standard C-1233-98 and intended for use in a nuclear reactor. License Requirements Reason for Control: Control(s): Items described in 0C005 are subject to the export licensing authority of the Nuclear Regulatory Commission (see 10 CFR part 110). License Exceptions LVS: N/A GBS: N/A CIV: N/A List of Items Controlled Unit: N/A. Related Controls: Graphite intended for a use other than in a nuclear reactor, and that meets certain density parameters, is classified under ECCN 1C107.High-purity graphite with a boron content of less than 5 parts per million and a density greater than 1.5 grams per cubic centimeter, is classified under ECCN 1C298. Related Definitions: N/A Items: The list of items controlled is contained in the ECCN heading. 0 3. In Supplement No. 1 to part 774, Category 1, Materials, Chemicals, ``Microorganisms,'' and Toxins, ECCN 1C107 is revised to read as follows: IC107 Graphite and ceramic materials, other than those controlled by 1C007, as follows (see List of Items Controlled). License Requirements Reason for Control: MT, AT Control(s) Country chart MT applies to entire entry................ MT Column 1 AT applies to entire entry................ AT Column 1 License Exceptions LVS: N/A GBS: N/A CIV: N/A List of Items Controlled Unit: Kilograms. Related Controls: (1) See also 0C005, 1C004, and 1C298. (2) For commodities that meet the definition of defense articles under 22 CFR 120.3 of the ITAR, see 22 CFR 121.16, Item 8-Category II of the International Traffic in Arms Regulations (ITAR), which describes similar commodities under the jurisdiction of the Department of State, Directorate of Defense Trade Controls. Related Definitions: N/A. Items: a. Fine grain recrystallized bulk graphites with a bulk density of 1.72 g/cm3 or greater, measured at 288 K (15[deg] C), and having a particle size of 100 micrometers or less, usable for rocket nozzles and reentry vehicle nose tips as follows: a.1. Cylinders having a diameter of 120 mm or greater and a length of 50 mm orgreater; a.2. Tubes having an inner diameter of 65 mm or greater and a wall thickness of 25 mm or greater and a length of 50 mm or greater; a.3. Blocks having a size of 120 mm x 120 mm x 50 mm or greater. b. Pyrolytic or fibrous reinforced graphites, usable for rocket nozzles and reentry vehicle nose tips; c. Ceramic composite materials (dielectric constant is less than 6 at any frequency from 100 MHz to 100 GHz), for use in ``missile'' radomes; and d. Bulk machinable silicon-carbide reinforced unfired ceramic, usable for nose tips. 0 4. In Supplement No. 1 to part 774, Category 1, Materials, Chemicals, ``Microorganisms,'' and Toxins, is amended by adding ECCN 1C298 immediately following ECCN 1C240. 1C298 Graphite with a boron content of less than 5 parts per million and a density greater than 1.5 grams per cubic centimeter that is intended for use other than in a nuclear reactor. License Requirements Reason for Control: NP. Control(s) Country chart NP applies to entire entry................ NP Column 2 License Requirement Note: This entry does not control graphite intended for use in a nuclear reactor. Such graphite is subject to the export licensing authority of the Nuclear Regulatory Commission (see ECCN 0C005 and 10 CFR part 110). License Exceptions LVS: N/A GBS: N/A CIV: N/A List of Items Controlled Unit: N/A. Related Controls: See also 1C107 and 0C005. Related Definitions: For the purpose of this entry, graphite with a purity level better than 5 parts per million boron equivalent is determined according to ASTM standard C1233-98. In applying ASTM standard C1233-98, the boron equivalence of the element carbon is not included in the boron equivalence calculation, since carbon is not considered an impurity. Items: The list of items controlled is contained in the ECCN heading. Dated: July 14, 2005. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. 05-14412 Filed 7-20-05; 8:45 am] BILLING CODE 3510-33-P ------------------------------------------------------------------- [Federal Register: July 21, 2005 (Volume 70, Number 139)] [Rules and Regulations] [Page 41937-41939] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr21jy05-1] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== [[Page 41937]] 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 Sec. 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 [[Page 41938]] Sec. 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 Sec. Sec. 110.40 and 41), and will be noticed in the Federal Register (see Sec. 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. 0 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 0 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.). 0 2. In Sec. 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: Sec. 110.2 Definitions. * * * * * [[Page 41939]] 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.) * * * * * 0 3. In Sec. 110.9, paragraph (e) is revised to read as follows: Sec. 110.9 List of Nuclear Material under NRC export licensing authority. * * * * * (e) Nuclear grade graphite for nuclear end use. Sec. 110.25 [Removed] 0 4. Remove Sec. 110.25. 0 5. Amend Sec. 110.40 as follows: 0 a. Revise paragraph (b)(3); 0 b. Redesignate paragraphs (b)(4) through (b)(7) as paragraphs (b)(5) through (b)(8); 0 c. In newly redesignated paragraph (b)(7), further redesignate paragraph (iv) as paragraph (b)(7)(v); 0 d. Revise redesignated paragraph (b)(7)(iii); 0 e. Add new paragraphs (b)(4) and (b)(7)(iv). Sec. 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 * * * * * 0 6. In Sec. 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: Sec. 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. * * * * * 0 7. In Sec. 110.42, the introductory language of paragraph (b) is revised to read as follows: Sec. 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: * * * * * 0 8. In Sec. 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: Sec. 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] BILLING CODE 7590-01-P