[Federal Register Volume 59, Number 166 (Monday, August 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21261]


[[Page Unknown]]

[Federal Register: August 29, 1994]


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DEPARTMENT OF ENERGY

10 CFR Part 810

 

Assistance to Foreign Atomic Energy Activities

AGENCY: Office of Arms Control and Nonproliferation, Department of 
Energy.

ACTION: Proposed Rulemaking.

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SUMMARY: The Department of Energy (DOE) is proposing to its regulations 
concerning unclassified assistance to foreign atomic energy activities. 
This action would remove Argentina, Brazil, Chile, and South Africa 
from the list of countries for which specific authorization by the 
Secretary of Energy is required before a person subject to the 
jurisdiction of the United States can engage directly or indirectly in 
the production of special nuclear material outside the United States. 
The effect of the action would be to enable U.S. firms and individuals 
to provide assistance to civilian nuclear power reactor-related 
activities in these countries under general authorization. The proposed 
amendment will make these regulations consistent with U.S. foreign 
policy commitments and reflects the recent significant progress made by 
these four countries on matters related to nuclear nonproliferation.

DATES: Interested persons are invited to submit written comments on the 
proposed amendment to DOE on or before September 28, 1994. Written 
comments received after that date will be considered to the extent 
possible.

ADDRESSES: A. Written Comments. Written comments may be submitted to 
the Director, Export Control Operations Division, Office of Arms 
Control and Nonproliferation, NN-43, U.S. Department of Energy, 1000 
Independence Ave., SW., Washington, DC 20585. Commenters are requested 
to submit two copies of their comments. All comments will be made 
available for inspection during normal business hours at the above 
address. Any person submitting information which that person believes 
to be confidential and which may be exempt by law from public 
disclosure should submit one complete copy marked confidential, as well 
as two copies from which the information claimed to be confidential has 
been deleted. DOE reserves the right to determine the confidential 
status of the information or data and to treat it according to its 
determination. This procedure is set forth in 10 CFR part 1004.11.
    B. Public Hearing. This notice of proposed rulemaking does not 
involve any significant issues of law or fact and the rule would be 
unlikely to have a substantial impact on the Nation's economy or large 
numbers of individuals or businesses. Accordingly, pursuant to 42 
U.S.C. 7191(c) and 5 U.S.C. 553, DOE is not scheduling a public 
hearing.

FOR FURTHER INFORMATION CONTACT:
Mr. Zander Hollander, Export Control Specialist, Export Control 
Operations Division, Office of Arms Control and Nonproliferation, NN-
43, U.S. Department of Energy, 1000 Independence Avenue, SW., 
Washington, DC 20585. Telephone (202) 586-2125.

SUPPLEMENTARY INFORMATION: 

Background

    19 CFR Part 810 implements section 57 b.(2) of the Atomic Energy 
Act of 1954, as amended by section 302 of the Nuclear Non-Proliferation 
Act of 1978 (NNPA) (42 U.S.C. 2077 (b)(2)). This section requires that 
U.S. persons who engage directly or indirectly in the production of 
special nuclear material outside the United States be authorized to do 
so by the Secretary of Energy. Pursuant to the part 810 regulations, 
assistance by U.S. persons to nuclear power reactor-related activities 
outside the United States is generally authorized for countries not 
listed in Sec. 810.8(a), which sets forth the circumstances in which 
specific authorization is required. Inclusion of a country on the list 
means that even nuclear power reactor-related assistance requires the 
Secretary of Energy's specific authorization. Section 810.8(a) notes 
that countries may be removed from or added to this list by amendments 
published in the Federal Register.
    The intent of removing Argentina, Brazil, Chile, and South Africa 
from the Sec. 810.8(a) list of countries is to:
     Recognize that Argentina, Brazil, and Chile in 1994 
brought into force for their national territories the 1967 Treaty for 
the Prohibition of Nuclear Weapons in Latin America and the Caribbean 
(Treaty of Tlatelolco), and that South Africa became a party to the 
Treaty on the Non-Proliferation of Nuclear Weapons (NPT) in 1991.
     Recognize that Argentina and Brazil have completed 
ratification of the Quadripartite Safeguards Agreement (with the 
International Atomic Energy Agency [IAEA] and the Brazilian-Argentine 
Agency for Accounting and Control of Nuclear Materials) for the 
application of IAEA safeguards on all of their nuclear activities, that 
South Africa has completed its own full-scope safeguards agreement with 
IAEA, and that Chile also has IAEA safeguards agreements covering its 
nuclear facilities.
     Enble U.S. firms and individuals to compete more 
effectively against foreign competition to provide assistance to the 
safeguarded Argentine, Brazilian, Chilean, and South African civilian 
nuclear programs.
     Reduce unnecessary paperwork and time-consuming U.S. 
Government reviews of proposals by U.S. firms and individuals to 
participate in Argentine, Brazilian, Chilean, and South African 
civilian nuclear power reactor-related activities.

2. Regulatory Changes

    The following change is made to Sec. 810.8 Activities Requiring 
Specific Authorization: Argentina, Brazil, Chile, and South Africa are 
deleted from the list of countries in Sec. 810.8(a).

3. Statutory Requirements

    Pursuant to section 57 b. of the Atomic Energy Act, with the 
concurrence of the Department of State and after consultations with the 
Departments of Defense and Commerce, the Arms Control and Disarmament 
Agency, and the Nuclear Regulatory Commission, the Secretary of Energy 
has determined that removal of Argentina, Brazil, Chile, and South 
Africa from the list of countries in Sec. 810.8(a) of 10 CFR part 810 
will not be inimical to the interests of the United States.

4. Procedural Matters

A. Review under Executive Order 12866

    Today's regulatory action has been determined not to be a 
``significant regulatory action'' under Executive Order 12866, 
``Regulatory Planning and Review,'' (58 FR 51735, October 4, 1993). 
Accordingly, today's action was not subject to review under the 
Executive Order by the Office of Information and Regulatory Affairs.

B. Review under the Regulatory Flexibility Act

    The rule was reviewed under the Regulatory Flexibility Act, P.L. 
96-354 (42 U.S.C. 601-612) which requires preparation of a regulatory 
flexibility analysis for any regulation that will have a significant 
economic impact on a substantial number of small entities, i.e., small 
businesses and small government jurisdictions. This action amends 
regulations in a manner to expedite the current process of 
authorization for U.S. persons to conduct certain activities in other 
countries; thus, it would impose no economic burden upon small entities 
subject to those regulations and, on balance, should reduce economic 
burdens on small businesses who will be able to compete for work in 
these four countries without undergoing unnecessary paperwork and time-
consuming U.S. Government reviews. DOE, accordingly, certifies that 
there will not be a significant and adverse economic impact on a 
substantial number of small entities and that preparation of a 
regulatory flexibility analysis is not warranted.

C. Review under the National Environmental Policy Act

    The rule eliminates the requirement for U.S. persons to file an 
application for authorization to assist civilian nuclear power reactor 
programs in four countries that currently require review and approval 
from the Secretary of Energy. The amendment will permit U.S. companies 
seeking to do business in these four countries to compete with foreign 
companies without the time-consuming application procedure that has 
often put them at a disadvantage. Argentina, Brazil, Chile, and South 
Africa are now parties to international arrangements established for 
nuclear nonproliferation purposes and have shown by their actions that 
requests to assist their nuclear power industries no longer require a 
case-by-case analysis. Implementation of this rule affects only 
application procedures and will not result in environmental impacts. 
DOE has, therefore, determined that this rule is covered under the 
Categorical Exclusion found in paragraph A.6 of appendix A to subpart 
D, 10 CFR part 1021, which applies to the establishment of procedural 
rulemakings. Accordingly, neither an environmental assessment nor an 
environmental impact statement is required.

D. Review under Executive Order 12612

    Executive Order 12612 requires that regulations be reviewed for any 
substantial-direct effects on States, on the relationship between the 
national Government and the States, or in the distribution of power 
among various levels of government. If there are sufficient substantial 
direct effects, the Executive Order requires the preparation of a 
Federalism assessment to be used in decisions by senior policy makers 
in promulgating or implementing the regulation. The rule will not have 
a substantial direct effect on the traditional rights and prerogatives 
of States in relationship to the Federal Government. Preparation of a 
Federalism assessment is, therefore, unnecessary.

E. Review under Executive Order 12778

    Section 2 of Executive Order 12778 instructs each agency to adhere 
to certain requirements in promulgating new regulations and reviewing 
existing regulations. These requirements, set forth in sections 2(a) 
and (b)(2), include eliminating drafting errors and needless ambiguity, 
drafting the regulation to minimize litigation, providing clear and 
certain legal standards for affected conduct, and promoting 
simplification and burden reduction. Agencies are also instructed to 
make every reasonable effort to ensure that the regulation: specifies 
clearly any preemptive effect, effect on existing Federal law or 
regulation, and retroactive effect; describes any administrative 
proceedings to be available prior to judicial review and any provisions 
for the exhaustion of such administrative proceedings; and defines key 
terms. DOE certifies that today's rulemaking meets the requirements of 
sections (2) (a) and (b) of Executive Order 12778.

List of Subjects in 10 CFR Part 810

    Foreign relations, Nuclear energy, Reporting and recordkeeping 
requirements.

    Issued in Washington, D.C., August 19, 1994.
John G. Keliher,
Director, Office of Nonproliferation and National Security.

    For reasons set out in the preamble, part 810 of title 10 of the 
Code of Federal Regulations is proposed to be amended as set forth 
below:

PART 810--ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES

    1. The authority citation for Part 810 continues to read as 
follows:

    Authority: Secs. 57, 127, 128, 129, 161, and 223, Atomic Energy 
Act of 1954, as amended by the Nuclear Non-Proliferation Act of 
1978, Pub. L. 95-242, 68 Stat. 932, 948, 950, 958, 92 Stat. 126, 
136, 137, 138, (42 U.S.C. 2077, 2156, 2157, 2158, 2201, 2273); Sec. 
104 of the Energy Reorganization Act of 1974, Pub. L. 93-438; Sec. 
301, Department of Energy Organization Act, Pub. L. 95-91.

    2. Section 810.8 paragraph (a) is revised to read as follows:


Sec. 810.8  Activities requiring specific authorization.

* * * * *
    (a) Engaging directly or indirectly in the production of special 
nuclear material in any of the countries listed below:

Afghanistan
Albania
Algeria
Andorra
Angola
Armenia
Azerbaijan
Bahrain
Belarus
Burma (Myanmar)
Cambodia
China, People's Republic of
Comoros
Cuba
Djibouti
Georgia
Guyana
India
Iran
Iraq
Israel
Kazakhstan
Korea, People's Democratic Republic of
Kuwait
Kyrgyzstan
Laos
Libya
Mauritania
Moldova
Monaco
Mongolian People's Democratic Republic
Mozambique
Niger
Oman
Pakistan
Qatar
Russia
Saudi Arabia
Syria
Tajikistan
Turkmenistan
Ukraine
United Arab Emirates
Uzbekistan
Vanuatu
Vietnam
Zambia
Zimbabwe

    Countries may be removed from or added to this list by amendments 
published in the Federal Register.
* * * * *
[FR Doc. 94-21261 Filed 8-26-94; 8:45 am]
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