[Federal Register Volume 87, Number 84 (Monday, May 2, 2022)]
[Notices]
[Pages 25629-25630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09436]


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DEPARTMENT OF ENERGY


Instructions for Requesting an Exception From the Secretary of 
Energy Under Presidential Proclamation Relating to the Regulation of 
the Anchorage and Movement of Russian-Affiliated Vessels to United 
States Ports

AGENCY: Office of Nuclear Energy, Department of Energy (DOE).

ACTION: Notice.

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SUMMARY: Per Proclamation 10371, ``Declaration of National Emergency 
and Invocation of Emergency Authority Relating to the Regulation of the 
Anchorage and Movement of Russian-Affiliated Vessels to United States 
Ports'' (``the Proclamation''), DOE is providing instructions for 
requesting an exception from the Secretary of Energy to the prohibition 
set forth in the Proclamation.

FOR FURTHER INFORMATION CONTACT: Mr. John Krohn, Office of Nuclear 
Energy, Department of Energy, Phone: (202) 586-7246, Email: 
[email protected].

SUPPLEMENTARY INFORMATION: The policies and actions of the Government 
of the Russian Federation to continue the premeditated, unjustified, 
unprovoked, and brutal war against Ukraine constitute a national 
emergency by reason of a disturbance or threatened disturbance of 
international relations of the United States. In order to address this 
national emergency and secure the observance of the rights and 
obligations of the United States, President Biden, by his authority 
under the Constitution and the laws of the United States of America, 
including the National Emergencies Act (50 U.S.C. 1601 et seq.) and 
section 1 of title II of Public Law 65-24, ch. 30, June 15, 1917, as 
amended (Magnuson Act) (46 U.S.C. 70051), has authorized the Secretary 
of Homeland Security to make and issue such rules and regulations as 
appropriate to regulate the anchorage and movement of Russian-
affiliated vessels, and delegated to the Secretary of Homeland Security 
the authority to approve such rules and regulations, as authorized by 
the Magnuson Act.

Prohibition

    Pursuant to the Proclamation, Russian-affiliated vessels are 
prohibited from entering into United States ports effective April 28, 
2022, subject to two limited exceptions. One such exception (Sec. 2(a) 
of the Proclamation) applies to Russian-affiliated vessels used in the 
transport of source material, special nuclear material (SNM), and 
byproduct material for which, and for such time as, the Secretary of 
Energy, in consultation with the Secretaries of State and Commerce, 
determines that there is no viable source of supply available that 
would not require transport by Russian-affiliated vessels.

Application for Secretarial Determination

    This notice sets forth the instructions to request an exception 
pursuant to Section 2(a) of the prohibition set forth in Section 1 of 
Proclamation 10371.
    1. Applicants requesting a determination from the Secretary of 
Energy for a Section 2(a) exception to the Section 1 prohibition should 
submit their request to John Krohn, Office of Nuclear Energy, 
Department of Energy, 1000 Independence Avenue SW, Washington, DC 
20585, phone: 202-586-7246 email: [email protected]. It 
is recommended that requests be submitted electronically via email.
    2. The request should contain the following information:
    Name, address, and contact information of Applicant.
    a. Date of anticipated entry into a U.S. port.
    b. Description of the source material, special nuclear material, or 
nuclear byproduct material, including name and contact information of 
end-user, end use of material, and location of end use if different 
from the Applicant.
    c. Explanation of why there is no viable source of supply of such 
material(s), which is either available domestically or does not require 
transport on a Russian-affiliated vessel.
    d. Impact if material(s) requested cannot enter the United States 
on a Russian-affiliated vessel.
    e. Any other information that could assist the Secretary of Energy 
in making this determination.
    3. Confidential Business Information. Pursuant to 10 CFR 1004.11, 
any person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email two well-marked copies: One copy of the document marked 
confidential including all the information believed to be confidential, 
and one copy of the document marked non-confidential with the 
information believed to be confidential deleted. DOE will make its own 
determination about the confidential status of the information and 
treat it according to its determination.

Definitions

    Pursuant to Section 3 of Proclamation 10371, the term ``Russian-
affiliated vessels'' means:
    (i) Vessels of Russian registry (i.e., the vessel is Russian 
flagged);
    (ii) Vessels that are Russian owned (i.e., the legal title of 
ownership of the vessel that appears on the ship's registration 
documents is the Government of the Russian Federation or a Russian 
company, citizen, or permanent resident); or
    (iii) Vessels that are Russian operated (i.e., a Russian company, 
citizen, or

[[Page 25630]]

permanent resident is responsible for the commercial decisions 
concerning the employment of a ship and decides how and where that 
asset is employed).
    The term ``byproduct material'' has the same meaning given to that 
term in section 11(e) of the Atomic Energy Act of 1954, as amended 
(AEA) (42 U.S.C. 2014(e)). The term ``source material'' has the same 
meaning given to that term in section 11(z) of the AEA (42 U.S.C. 
2014(z)). The term ``special nuclear material'' has the same meaning 
given to that term in section 11(aa) of the AEA (42 U.S.C. 2014(aa)).

Review Under the Paperwork Reduction Act

    The collection-of-information requirement for an Exception from the 
Secretary of Energy under the Proclamation is subject to review and 
approval by OMB under the Paperwork Reduction Act (``PRA''). This 
requirement has been approved by OMB under OMB control number 1910-
5195. Public reporting burden for the certification is estimated to 
average 2 hours per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number 1910-5195.

Signing Authority

    This document of the Department of Energy was signed on April 27, 
2022, by Andrew Griffith, Acting Assistant Secretary for Nuclear 
Energy, pursuant to delegated authority from the Secretary of Energy. 
That document with the original signature and date is maintained by 
DOE. For administrative purposes only, and in compliance with 
requirements of the Office of the Federal Register, the undersigned DOE 
Federal Register Liaison Officer has been authorized to sign and submit 
the document in electronic format for publication, as an official 
document of the Department of Energy. This administrative process in no 
way alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on April 28, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-09436 Filed 4-28-22; 4:15 pm]
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