Federal Register/Vol. 86, No. 145/Monday, August 2, 2021/Notices
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41540 Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Notices DEPARTMENT OF COMMERCE III. Investigation Process Producers Will Face Increasing Import A. Initiation of Investigation Competition Bureau of Industry and Security B. Public Comments VIII. Conclusion C. Site Visits and Information Gathering A. Determination RIN 0694–XC078 Activities B. Economic Impacts of 25 Percent U.S.- D. Interagency Consultation Origin Requirement Publication of a Report on the Effect of E. Review of the Department of Commerce C. Public Policy Proposals Imports of Uranium on the National 1989 Section 232 Investigation on Security: An Investigation Conducted Uranium Imports Appendices Under Section 232 of the Trade IV. Product Scope of the Investigation Appendix A: Section 232 Investigation Expansion Act of 1962, as Amended V. Background on the U.S. Nuclear Industry Notification Letter to Secretary of Defense A. Summary of the U.S. Uranium Fuel James Mattis, July 18, 2018 AGENCY: Bureau of Industry and Cycle Appendix B: Federal Register Notices— Security, Commerce. B. Summary of U.S. Nuclear Power Notice of Requests for Public Comments on Generation Industry ACTION: Publication of a report. Section 232 National Security Investigation VI. Global Uranium Market Conditions of Imports of Uranium, July 25, 2018; SUMMARY: The Bureau of Industry and A. Summary of the Global Uranium Market Change in Comment Deadline for Section Security (BIS) in this notice is B. Uranium Transactions: Book Transfers 232 National Security Investigation of and Flag Swaps publishing a report that summarizes the Imports of Uranium, September 10, 2018 C. The Effect of the Fukushima Daiichi Appendix C: Summary of Public Comments findings of an investigation conducted Incident on U.S. and Global Uranium Appendix D: Survey for Data Collection by the U.S. Department of Commerce Demand (Front-End Uranium Industry) (the ‘‘Department’’) pursuant to Section D. The Effect of State-Owned Enterprises Appendix E: Survey for Data Collection on Global Uranium Supply 232 of the Trade Expansion Act of 1962, (Nuclear Electric Power Generation VII. Findings as amended (‘‘Section 232’’), into the Industry) A. Uranium Is Important to U.S. National effect of imports of uranium on the Appendix F: Uranium Product Specific Trade Security national security of the United States. Flows 1. Uranium Is Needed for National Defense This report was completed on April 14, Appendix G: Summary of Commerce Systems Department 1989 Section 232 Uranium 2019 and posted on the BIS website in 2. Uranium Is Required for Critical Investigation July 2021. BIS has not published the Infrastructure Appendix H: The National Security Aspect of appendices to the report in this B. Imports of Uranium in Such Quantities U.S. Uranium Industry Regulation notification of report findings, but they as Are Presently Found Adversely Appendix I: The Role of State Owned Impact the Economic Welfare of the U.S. are available online at the BIS website, Enterprises in the Global Uranium Market Uranium Industry along with the rest of the report (see the Appendix J. U.S. Naval and Nuclear 1. U.S. Utilities’ Reliance on Imports of ADDRESSES section). Weapons Uses of Uranium Uranium in 1989 DATES: The report was completed on Appendix K: Glossary 2. U.S. Utilities’ Reliance on Imports of April 14, 2019. The report was posted Uranium Continue To Rise Prepared by Bureau of Industry and on the BIS website in July 2021. 3. High Import to Export Ratio Security ADDRESSES: The full report, including 4. Uranium Prices the appendices to the report, are 5. Declining Employment Trends http://www.bis.doc.gov 6. Loss of Domestic Long Term Contracts available online at https://bis.doc.gov/ I. Executive Summary 232. Due to Imported Uranium 7. Financial Distress This report summarizes the findings FOR FURTHER INFORMATION CONTACT: For 8. Research and Development Expenditures of an investigation conducted by the further information about this report 9. Capital Expenditures U.S. Department of Commerce (the contact Erika Maynard, Special Projects C. Trade Actions: Anti-Dumping and ‘‘Department’’) pursuant to Section 232 Manager, (202) 482–5572; and Leah Countervailing Duties of the Trade Expansion Act of 1962, as Vidovich, Trade and Industry Analyst, D. Displacement of Domestic Uranium by amended (19 U.S.C. 1862 (‘‘Section (202) 482–1819. For more information Excessive Quantities of Imports Has the 232’’)), into the effect of imports of about the Office of Technology Serious Effect of Weakening Our Internal uranium 1 on the national security of the Evaluation and the Section 232 Economy 1. U.S. Production Is Well Below Demand United States. Investigations, please visit: http:// and Utilization Rates Are Well Below In conducting this investigation, the www.bis.doc.gov/232. Economically Viable Levels Secretary of Commerce (the ‘‘Secretary’’) SUPPLEMENTARY INFORMATION: 2. Domestic Uranium Production Is noted the Department’s prior Severely Weakened and Concentrated The Effect of Imports of Uranium on the 3. Reduction of Uranium Production investigations under Section 232. This National Security Facilities Limits Capacity Available report incorporates the statutory analysis from the Department’s 2018 An Investigation Conducted Under E. Uranium Market Distortion by State- reports on the imports of steel and Section 232 of the Trade Expansion Act Owned Enterprises Is a Circumstance That Contributes to the Weakening of the aluminum 2 with respect to applying the of 1962, As Amended Domestic Economy U.S. Department of Commerce 1. Excess Russian, Kazakh, and Uzbek 1 See Figure 1 in Section IV, ‘‘Product Scope of Production Adversely Affects Global the Investigation,’’ for the uranium products Bureau of Industry and Security Markets and Creates a Dangerous U.S. addressed by this report. Office of Technology Evaluation Dependence on Uranium From These 2 U.S. Department of Commerce. Bureau of Countries Industry and Security. The Effect of Imports of Steel April 14, 2019 2. The Increasing Presence of China in the on the National Security (Washington, DC: 2018) Global Uranium Market Will Further (‘‘Steel Report’’) and U.S. Department of Commerce. Table of Contents Bureau of Industry and Security. The Effect of Weaken U.S. and Other Market Uranium Imports of Aluminum on the National Security I. Executive Summary Producers (Washington, DC: 2018) (‘‘Aluminum Report’’). II. Legal Framework 3. Increasing Global Excess Uranium https://www.bis.doc.gov/index.php/documents/ A. Section 232 Requirements Production Will Further Weaken the steel/2224-the-effect-of-imports-of-steel-on-the- B. Discussion Internal Economy as U.S. Uranium national-security-with-redactions-20180111/file. VerDate Sep<11>2014 21:46 Jul 30, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\02AUN2.SGM 02AUN2 khammond on DSKJM1Z7X2PROD with NOTICES2 Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Notices 41541 terms ‘‘national defense’’ and ‘‘national international agreements on the use of uranium used in naval nuclear fuel and security’’ in a manner that is consistent most imported uranium, to satisfy the tritium production in the future. with the statute and legislative intent.3 U.S. Department of Defense (DoD) 4. Since 1946, U.S. legislation As required by the statute, the requirements for maintaining effective governing the uranium production and Secretary considered all factors set forth military capabilities, including nuclear nuclear power generation industries has in Section 232(d). In particular, the fuel for the U.S. Navy’s fleet of 11 consistently made explicit written Secretary examined the effect of imports nuclear powered aircraft carriers and 70 reference to these industries’ national on national security requirements, nuclear powered submarines, source security functions.9 specifically: material for nuclear weapons, depleted B. Imports in Such Quantities as i. Domestic production needed for uranium for ammunition, and other Presently Found Adversely Affect the projected national defense functions. Economic Welfare of the U.S. Uranium requirements; 2. Uranium is also essential to Industry ii. the capacity of domestic industries maintaining U.S. critical infrastructure 1. In 2018, almost all uranium used to meet such requirements; sectors, specifically the nation’s 98 iii. existing and anticipated for civilian U.S. nuclear electric power reactors for nuclear power generation to generation was imported, totaling availabilities of the human resources, support the Nation’s commercial power products, raw materials, and other approximately 94 percent of grid. Nuclear reactors supply 19 percent consumption. Between 2009 and 2018, supplies and services essential to the of U.S. electricity consumed in the U.S. national defense; U.S. nuclear electric power generators and they support 15 of the 16 critical increased their reliance on imported iv. the requirements of growth of such infrastructure sectors identified by the industries and such supplies and uranium products from 85.8 percent to Department of Homeland Security 93.3 percent of their annual services including the investment, 6 (DHS). Maintaining a robust civilian requirements.10 In comparison, the exploration, and development necessary nuclear power industry is essential to Department’s 1989 Section 232 to assure such growth; and U.S. national security, including both investigation into ‘‘The Effect of Imports v. the importation of goods in terms national defense and critical of Uranium on the National Security’’