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Assistance to Foreign Atomic Energy Activities 55278 Proposed Rules Federal Register Vol. 76, No. 173 Wednesday, September 7, 2011 This section of the FEDERAL REGISTER the export of which requires a specific Independence Avenue, SW., contains notices to the public of the proposed authorization from the Secretary. Washington, DC 20585, telephone 202– issuance of rules and regulations. The Additionally, DOE is proposing to add 586–3429 (Ms. Barsy) or 202–586–1755 purpose of these notices is to give interested regulations to address ‘‘deemed (Mr. Oxman); or Katie Strangis, National persons an opportunity to participate in the exports.’’ Companies seeking to employ Nuclear Security Administration, Office rule making prior to the adoption of the final rules. foreign nationals in positions involving of the General Counsel, 1000 a proposed transfer of technology are Independence Avenue, SW., provided information on the Washington, DC 20585, telephone 202– DEPARTMENT OF ENERGY documentation required to be submitted 586–8623. to request specific authorization for SUPPLEMENTARY INFORMATION: 10 CFR Part 810 those transfers. Finally, DOE proposes I. Background to update its regulations in this area to II. Description of Proposed Changes RIN 1994–AA02 reflect terminological and other changes III. Public Comment Procedures in nuclear technology since the last Assistance to Foreign Atomic Energy IV. Regulatory Review major update in 1986. Finally, points of A. Executive Order 12866 Activities contact references have been updated to B. National Environmental Policy Act C. Regulatory Flexibility Act AGENCY: National Nuclear Security reflect the current DOE organizational structure. D. Paperwork Reduction Act Administration, Department of Energy E. Unfunded Mandates Reform Act of 1995 (DOE). DATES: Written comments must be F. Treasury and Government ACTION: Notice of proposed rulemaking. postmarked on or before November 7, Appropriations Act, 1999 2011 to ensure consideration. G. Executive Order 13132 H. Executive Order 12988 SUMMARY: DOE proposes to amend its ADDRESSES: You may submit comments, I. Treasury and General Government regulation concerning unclassified identified by RIN 1994–AA02, by any of assistance to foreign atomic energy Appropriations Act, 2001 the following methods: J. Executive Order 13211 activities. This regulation provides that 1. Federal eRulemaking Portal: http:// V. Approval by the Office of the Secretary persons subject to the jurisdiction of the www.regulations.gov. Follow the United States who engage directly or instructions for submitting comments. I. Background indirectly in the production of special 2. E-mail: [email protected] DOE’s regulation in 10 CFR part 810 nuclear material outside the United Include RIN 1994–AA02 in the subject implements section 57b. of the Atomic States must be authorized to do so by line of the message. Energy Act of 1954, as amended by the Secretary of Energy (Secretary). The 3. Mail: Richard Goorevich, Senior section 302 of the Nuclear Non- proposed revisions update and clarify Policy Advisor, Office of Proliferation Act of 1978 (NNPA) (42 several provisions in the current Nonproliferation and International U.S.C 2077(b)). The statute provides that regulation, and identify information Security, NA 24, National Nuclear it ‘‘shall be unlawful for any person to applicants are required to submit in Security Administration, Department of directly or indirectly engage or support of applications for an Energy, 1000 Independence Avenue, participate in the development or authorization under this part. The SW., Washington, DC 20585. production of any special nuclear revisions are intended to reduce Due to potential delays in DOE’s material outside of the United States uncertainties for industry users receipt and processing of mail sent except (1) As specifically authorized concerning which foreign nuclear- through the U.S. Postal Service, DOE under an agreement for cooperation related activities by U.S. persons are encourages responders to submit made pursuant to section 123 * * * or ‘‘generally authorized’’ under the comments electronically to ensure (2) upon authorization by the Secretary regulation and which activities require timely receipt. of Energy after a determination that a ‘‘specific authorization’’ from the All submissions must include the RIN such activity will not be inimical to the Secretary. In this regard, one proposed for this rulemaking, RIN 1994–AA02. interest of the United States. * * *’’ organizational change is the listing of For detailed instructions on submitting Part 810 regulates the export of countries and territories for which a comments and additional information unclassified nuclear technology and general authorization for foreign atomic on the rulemaking process, see the assistance, to facilitate international energy activities is available. This ‘‘Public Comment Procedures’’ heading commerce while at the same time proposed change contrasts with the of the SUPPLEMENTARY INFORMATION protecting against the spread of nuclear current regulation, which lists those section of this document. technologies and material that would be countries for which a specific FOR FURTHER INFORMATION CONTACT: contrary to the nonproliferation and authorization to conduct such activities Richard Goorevich, Senior Policy other national security interests of the is required. Unclassified nuclear Advisor, Office of Nonproliferation and United States. More specifically, the activities are generally authorized with International Security, NA 24, National purposes of the part 810 regulation are: respect to these listed countries if they Nuclear Security Administration, (1) To enable DOE to control the export do not involve ‘‘sensitive nuclear Department of Energy, 1000 of nuclear technologies and services technology’’ as defined in the Independence Avenue, SW., while protecting the interest of, and regulation. Conversely, the proposed Washington, DC 20585, telephone 202– advancing, U.S. nonproliferation and revised regulation specifically identifies 586–0589; Janet Barsy or Elliot Oxman, other national security objectives; (2) to those assistance activities and Office of the General Counsel, GC–53, facilitate such exports by identifying technologies under DOE’s jurisdiction, Department of Energy, 1000 nuclear technology and related VerDate Mar<15>2010 17:43 Sep 06, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\07SEP1.SGM 07SEP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Proposed Rules 55279 assistance activities that can be 2. The proposed changes to ‘‘Interpretations’’ would be changed to ‘‘generally authorized’’ by the Secretary paragraghs (a) and (b) in § 810.2 identify the responsible office under the and thus require no further ‘‘Scope’’ are intended to state explicitly current Departmental organizational authorization under part 810; (3) to DOE’s jurisdiction under section 57 b. of structure to which applications, identify the specific transfers of the Atomic Energy Act with regard to questions, or requests should be assistance and technology which require unclassified nuclear export activities by addressed. This proposed revision is specific authorization by the Secretary; U.S. persons that include assistance and intended to ensure that part 810-related (4) to explain how to request a specific transfer of technology abroad and to correspondence will be directed authorization from the Secretary; and (5) foreign nationals employed by U.S. appropriately and help facilitate prompt to identify the reporting requirements companies, whether the subject responses to those applications, for activities subject to part 810. activities are conducted in the United questions, or other requests. The part 810 regulation has not been States or abroad by U.S. persons or by 5. The current § 810.6 ‘‘Authorization comprehensively updated since 1986. licensees, contractors or subsidiaries requirement’’ quotes section 57 b. of the Some of the terminology contained in under their direction, supervision, Atomic Energy Act. This notice the current regulation has become responsibility, or control. Proposed proposes to delete the quotation, and to inconsistent with guidelines issued by § 810.2(c) would retain the exemptions address the statutory basis instead in the the Nuclear Suppliers Group (NSG), an for all exports licensed by the Nuclear ‘‘Authority’’ section of the preamble and international group of nuclear supplier Regulatory Commission; and would proposed § 810.1 ‘‘Purpose’’. countries, including the United States, exempt ‘‘public information’’ and ‘‘basic 6. Proposed § 810.6 ‘‘Generally which seeks to promote the scientific research’’ as those terms are Authorized Activities’’—currently nonproliferation of nuclear weapons proposed to be defined in § 810.3. § 810.7, re-numbered § 810.6 in the through the implementation of Additionally, proposed § 810.2(c) would proposed rule—would identify activities guidelines for nuclear exports. The make clear the exclusion from the scope that are generally authorized by the existing part 810 regulation also of the part 810 regulation of uranium Secretary, and the countries and contains certain technical references and thorium mining and milling and territories to which general and definitions that do not reflect nuclear fusion reactors when not used authorizations apply. Section 810.6(a) current science, and other terms and in support of systems involving would identify generally authorized references whose inclusion
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