[Federal Register Volume 69, Number 44 (Friday, March 5, 2004)]
[Notices]
[Pages 10440-10441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5017]


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DEPARTMENT OF ENERGY

National Nuclear Security Administration


Presidential Directed Mission Requiring Authorization of National 
Security Provisions

AGENCY: National Nuclear Security Administration, Department of Energy.

[[Page 10441]]


ACTION: Notice of emergency action.

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SUMMARY: The U.S. Department of Energy (DOE) is issuing this notice of 
emergency action regarding its authorization of national security 
provisions related to a recent U.S. mission to assist the Libyan 
government in reducing its inventories of proliferation-sensitive 
nuclear materials. On January 27, 2004, a U.S.-led team of policy and 
technical experts successfully extracted from Libya some of its nuclear 
materials. In order to expedite the removal of these materials from the 
site, the National Nuclear Security Administration (NNSA) Administrator 
invoked the national security provisions of 49 CFR 173.7(b) and 
exempted the transport from DOE Order 461.1, Packaging and Transfer of 
Materials of National Security Interest, thereby allowing the shipment 
of items by air to the McGhee Tyson Airport at Knoxville, TN and from 
there to the Y-12 National Security Complex at Oak Ridge, TN by land 
transport. The shipment included four cylinders of uranium hexafluoride 
(UF6) of varying enrichment levels.
    DOE would normally prepare an Environmental Assessment or 
Environmental Impact Statement analyzing this shipment pursuant to its 
National Environmental Policy Act (NEPA) implementing regulations (10 
CFR part 1021). However, due to the urgent and classified nature of the 
actions required to perform this mission, DOE consulted with the 
Council on Environmental Quality about alternative arrangements with 
regard to NEPA compliance for its authorization of national security 
provisions pursuant to the Council NEPA regulation at 40 CFR 1506.11. 
This notice is issued pursuant to the requirements of 10 CFR 1021.343.

FOR FURTHER INFORMATION CONTACT: For further information on these 
activities or other information related to this notice, contact: 
William O'Connor, NNSA, Office of Safeguards (NA-243), 1000 
Independence Avenue, SW., Washington, DC 20585, (202) 586-4867.
    For information on the DOE National Environmental Policy Act (NEPA) 
process, contact: Carol M. Borgstrom, Director, Office of NEPA Policy 
and Compliance (EH-42), U.S. Department of Energy, 1000 Independence 
Avenue, SW., Washington, DC 20585, (202) 586-4600, or leave a message 
at (800) 472-2756.

SUPPLEMENTARY INFORMATION: On December 19, 2003, in a decision 
announced by the United States, the United Kingdom, and Libya, the 
Libyan government agreed to disclose all its weapons of mass 
destruction and related programs and to open the country to 
international weapons inspectors to oversee their elimination. In order 
to assist Libya in the reduction of its proliferation-sensitive 
materials, the United States, United Kingdom and the International 
Atomic Energy Agency (IAEA) sent a team of policy and technical experts 
to Libya. On January 27, 2004, this team, with the full cooperation of 
the Libyan government, successfully extracted 55,000 pounds of nuclear 
material and other sensitive equipment from Libya. This shipment 
included four cylinders of uranium hexafluoride (UF6) that 
required a National Security Exemption under DOE Order 461.1, Packaging 
and Transfer of Materials of National Security Interest, because the 
containers were not certified under 49 CFR 173.7(b). The equipment and 
materials were airlifted out of Libya and brought to the McGhee Tyson 
Airport in Knoxville, TN. The nuclear cargo then was transported to the 
Y-12 National Security Complex in Oak Ridge, TN for International 
Atomic Energy Agency (IAEA) inspection and to prepare cylinders for 
transport to their final destination.
    This material was moved as part of a Presidential directed mission. 
There was insufficient time between the President's directive and the 
expected movement of the material to conduct an environmental review; 
hence, the need for alternative arrangements with regard to NEPA 
compliance. The NNSA Administrator was provided with a classified 
environmental review contained in an Appendix to a draft Environmental 
Impact Statement which bounded the accident scenarios. Following 
review, the NNSA Administrator invoked the national security provisions 
of 49 CFR 173.7(b) and exempted this transport from DOE Order 461.1, 
thereby allowing shipment of these items by air to the McGhee Tyson 
Airport and from there to their destination by land transport.
    The Council on Environmental Quality (CEQ) and the Environmental 
Protection Agency were briefed in advance of the mission. CEQ found the 
NNSA's request for alternative arrangements was appropriately limited 
to the actions necessary to address the immediate impacts and risks 
associated with this emergency. Based on the briefing that DOE 
personnel provided, and their commitment to outreach to EPA and 
appropriate First Responders, CEQ concluded that the NNSA's assessment 
of the environmental impact of the proposed action, including 
incorporation of an existing classified analysis of a similar scenario, 
provided sufficient alternative arrangements for NEPA compliance. The 
CEQ also was briefed following the completion of the mission.
    The expedited removal of these materials from Libya was consistent 
with national security goals related to the consolidation, storage, and 
disposition of potential weapons-usable materials and supports the 
nonproliferation policies of the United States. Granting this national 
security exemption supported the expedited removal of the material 
consistent with the nonproliferation goals of the Department of Energy 
and the President of the United States.
    The Y-12 Site Office ensured that the following conditions were 
met: First responders at McGhee Tyson Airport were notified of the 
timing and nature of the shipment. The shipment was escorted by 
personnel specifically designated by or under the authority of the 
Department of Energy.
    The materials arrived at Y-12 without incident and accordingly 
without any environmental consequences and will be stored there pending 
IAEA inspection and shipment to the Portsmouth Gaseous Diffusion Plant, 
Piketon, OH.

    Issued in Washington, DC, on February 27, 2004.
Henry K. Garson,
Associate General Counsel, National Nuclear Security Administration.
[FR Doc. 04-5017 Filed 3-4-04; 8:45 am]
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