[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]
BILLING CODE 6450-01-M
