[Federal Register Volume 66, Number 68 (Monday, April 9, 2001)]
[Rules and Regulations]
[Pages 18401-18402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8634]



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 Rules and Regulations
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  Federal Register / Vol. 66, No. 68 / Monday, April 9, 2001 / Rules 
and Regulations  

[[Page 18401]]



DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 738, 740, 744 and 772

[Docket No. 001212346-0346-01]
RIN 0694-AB50


Addition of Brazil, Latvia, and Ukraine to the Nuclear Suppliers 
Group (NSG) and Other Revisions

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: As a result of the admission of Brazil, Latvia, and Ukraine to 
the Nuclear Suppliers Group (NSG), this rule adds Brazil, Latvia, and 
Ukraine to Country Group A, Column A:4 (Nuclear Suppliers) and to the 
definition of ``Nuclear Suppliers Group.'' On February 12, 1997 (62 FR 
6683), BXA published a regulation which removed the license requirement 
symbol for Brazil and Ukraine from the Commerce Country Chart, NP 
Column 1 (Nuclear Nonproliferation). This rule removes the license 
requirement symbol for Latvia from the Commerce Country Chart, NP 
Column 1. The Nuclear Supplies Group member countries have agreed to 
establish export licensing procedures for the transfer of items 
identified on the Annex to the ``Nuclear-Related Dual-Use Equipment, 
Materials, and Related Technology List,'' which is published by the 
International Atomic Energy Agency.
    In addition, Austria, Finland, Ireland and Sweden are added to 
``Countries Not Subject to Certain Nuclear End-Use Restrictions in 
Sec. 744.2(a)'', because of their commitment to nuclear non-
proliferation.
    This action will lessen the administrative burden on U.S. 
exporters, by decreasing licensing requirements for exports of items 
controlled for Nuclear Nonproliferation (NP) reasons to these 
countries.

DATES: This rule is effective April 9, 2001.

FOR FURTHER INFORMATION CONTACT: For questions of a general nature, 
call Sharron Cook, Regulatory Policy Division, at (202) 482-2440.
    For questions of a technical nature, contact Steve Claggett, 
Nuclear Technology Division, at (202) 482-3550.

SUPPLEMENTARY INFORMATION:

Background

    As a result of the admission of Brazil, Latvia, and Ukraine to the 
Nuclear Suppliers Group (NSG), this rule revises Supplement Number 1 to 
part 740, Country Group A, by adding the symbol ``X'' to Column A:4 
(Nuclear Suppliers) for Brazil, adding the countries Latvia and Ukraine 
to Country Group A, and adding the symbol ``X'' to Column A:4 (Nuclear 
Suppliers) for Latvia and Ukraine.
    Austria, Finland, Ireland, and Sweden are added to the list of 
countries not subject to certain nuclear end-use restrictions in 
Sec. 744.2(a) in Supplement Number 3 to part 744. As a matter of 
policy, the United States has carried out all significant peaceful 
nuclear cooperation (export of nuclear material, reactors, and major 
reactor components) with EURATOM (The European Atomic Energy Community) 
as a single entity from the beginning of EURATOM's existence.
    The United States regards the EURATOM safeguards system as 
providing an important means of verifying that nuclear items exported 
by the United States are used for exclusively peaceful, non-explosive 
purposes.
    Lastly, this rule revises the definition for ``Nuclear Suppliers 
Group (NSG)'', in part 772, to include Brazil, Latvia, and Ukraine.

Rulemaking Requirements

    1. This final rule has been determined not to be significant for 
purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to nor be subject to a penalty for failure to 
comply with a collection of information subject to the requirements of 
the Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. This regulation involves 
collections previously approved by the Office of Management and Budget 
under control numbers 0694-0088, ``Multi-Purpose Application,'' which 
carries a burden hour estimate of 45 minutes per manual submission and 
40 minutes per electronic submission. Miscellaneous and recordkeeping 
activities account for 12 minutes per submission.
    3. This rule does not contain policies with Federalism implications 
as that term is defined in Executive Order 12612.
    4. The provisions of the Administrative Procedure Act requiring 
notice of proposed rule making, the opportunity for public 
participation, and a delay in effective date, are inapplicable because 
this regulation involves a military or foreign affairs function of the 
United States (see 5 U.S.C. 553(a)(1)). Further, no other law requires 
that a notice of proposed rule making and an opportunity for public 
comment be given for this rule. Because a notice of proposed rule 
making and opportunities for public comment are not required to be 
given for this rule by 5 U.S.C. 553, or by any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.
    Therefore, this regulation is issued in final form. Although there 
is no formal comment period, public comments on this regulation are 
welcome on a continuing basis. Comments should be submitted to Sharron 
Cook, Office of Exporter Services, Bureau of Export Administration, 
Department of Commerce, P.O. Box 273, Washington, DC 20044.

List of Subjects

15 CFR Parts 738 and 772

    Exports, Foreign trade.

15 CFR Part 740

    Administrative practice and procedure, Exports, Foreign trade, 
Reporting and recordkeeping requirements.

15 CFR Part 744

    Exports, Foreign trade, Reporting and recordkeeping requirements.

    Accordingly, parts 738, 740, 744 and 772 of the Export 
Administration Regulations (15 CFR parts 730-799) are amended as 
follows:

[[Page 18402]]

    1. The authority citation for 15 CFR part 738 is revised to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; Pub. L. No. 106-508; 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; E.O. 12924, 59 
FR 43437, 3 CFR, 1994 Comp., p. 917; E.O. 13026, 61 FR 58767, 3 CFR, 
1996 Comp., p. 228; Notice of August 3, 2000 (65 FR 48347, August 8, 
2000).

    2. The authority citation for 15 CFR parts 740 and 772 is revised 
to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; Pub. L. No. 106-508; 50 
U.S.C. 1701 et seq.; E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 
917; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; Notice of 
August 3, 2000 (65 FR 48347, August 8, 2000).

    3. The authority citation for 15 CFR part 744 is revised to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; Pub. L. No. 106-508; 50 
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; E.O. 
12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 
33181, 3 CFR, 1993 Comp., p. 608; E.O. 12924, 59 FR 43437, 3 CFR, 
1994 Comp., p. 917; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 
950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; Notice of 
November 9, 2000 (65 FR 68063, November 13, 2000); Notice of August 
3, 2000 (65 FR 48347, August 8, 2000).

PART 738--[AMENDED]

    3a. Supplement No. 1 to part 738 is amended by removing the ``X'' 
under ``NP 1'' in the ``Nuclear non-proliferation'' column for 
``Latvia.''

PART 740--[AMENDED]

    4. Supplement Number 1 to part 740 is amended in the table for 
Country Group A by adding entries for Latvia and Ukraine in alphabetic 
order and revising the entry for Brazil to read as follows:

Supplement No. 1 to Part 740

                                                 Country Group A
----------------------------------------------------------------------------------------------------------------
                                                    Missile technology                        Nuclear suppliers
           Country                                    control regime      Australia group           group
                                           [A:1]                [A:2]                [A:3]                [A:4]
----------------------------------------------------------------------------------------------------------------
Brazil......................                                        X                                         X
 
*                  *                  *                  *                  *                  *
                                                        *
Latvia......................                                                                                  X
 
*                  *                  *                  *                  *                  *
                                                        *
Ukraine.....................                                                                                  X
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 744--[AMENDED]

    5. Supplement No. 3 to part 744, Countries Not Subject to Certain 
Nuclear End-Use Restrictions in Sec. 744.2(a), is amended by adding the 
countries, ``Austria,'' ``Finland,'' ``Ireland,'' and ``Sweden'' in 
alphabetical order.

PART 772--[AMENDED]

    6. Section 772.1 is amended by revising the definition of ``Nuclear 
Suppliers Group (NSG)'' to read as follows:


Sec. 772.1  Definitions of terms as used in the Export Administration 
Regulations (EAR).

* * * * *
    Nuclear Suppliers Group (NSG). The United States and other nations 
in this multilateral control regime have agreed to guidelines for 
restricting the export or reexport of items with nuclear applications. 
Members include: Argentina, Australia, Austria, Belgium, Brazil, 
Bulgaria, Canada, Czech Republic, Denmark, Finland, France, Germany, 
Greece, Hungary, Ireland, Italy, Japan, Latvia, Luxembourg, the 
Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Korea, 
Romania, Russia, Slovak Republic, Spain, South Africa, Sweden, 
Switzerland, Ukraine, the United Kingdom, and the United States. See 
also Sec. 742.3 of the EAR.
* * * * *

    Dated: April 3, 2001.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 01-8634 Filed 4-6-01; 8:45 am]
BILLING CODE 3510-33-P