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NRC RIN: 3150-AJ70 Publication ID: Fall 2016 
Title: Modified Small Quantities Protocol [NRC-2015-0263] 

This rule amends the Nuclear Regulatory Commission's regulations in 10 CFR parts 40, 70, and 75, as needed, to ensure that the U.S. Government can meet its international obligations under INFCIRC/366. The Nuclear Regulatory Commission is responsible for ensuring compliance by the licensees in the U.S. Caribbean Territories.   Changes would go into effect as a final rule, issued without notice and comment under 5 U.S.C. 553(a)(1), which allows agencies to issue rules involving the foreign affairs functions of the United States without notice and comment.  These rule changes must be in effect before the U.S. Government can bring the modified Small Quantities Protocol to INFCIRC/366 into force. 


Agency: Nuclear Regulatory Commission(NRC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 10 CFR 40    10 CFR 70    10 CFR 75   
Legal Authority: 42 U.S.C. 2201    42 U.S.C. 5841   
Legal Deadline:  None

Statement of Need:

This rule would respond to Commission direction to proceed with rulemaking. 

Summary of the Legal Basis:

The legal basis of this rule is to ensure that the U.S. Government meets its obligations under the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (Treaty of Tlatelolco).



Anticipated Costs and Benefits:




Action Date FR Cite
Final Rule  05/00/2017 
Additional Information: In SECY-15-0080 staff requested Commission approval to initiate rulemaking: On June 5, 2015, the staff requested Commission approval to initiate the rulemaking. On July 21, 2015, the Commission approved initiation of the rulemaking. Specifically, the Commission provided its clearance for the Circular 175 memorandum authorizing the Department of State to negotiate and conclude a modified Small Quantities Protocol between the US and IAEA with the treaty for the prohibition of Nuclear Weapons in Latin America. This rulemaking will go directly to a final rule as it has a foreign policy exclusion.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No 
Included in the Regulatory Plan: Yes 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No 
Agency Contact:
Gregory Trussell
Nuclear Regulatory Commission
Office of Nuclear Material Safety and Safeguards,
Washington, DC 20555-0001
Phone:301 415-6244