Notice2023-01960
Assistance to Foreign Atomic Energy Activities; Secretarial Determination
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 31, 2023
Issuing agencies
Energy Department
Abstract
On December 29, 2022, the Secretary of Energy (Secretary) issued a determination modifying the generally authorized destination status of Mexico for exports of controlled nuclear technology and assistance under DOE's regulation on Assistance to Foreign Atomic Energy Activities. Accordingly, DOE is publishing this determination.
Full Text
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<title>Federal Register, Volume 88 Issue 20 (Tuesday, January 31, 2023)</title>
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[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Notices]
[Page 6247]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01960]
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DEPARTMENT OF ENERGY
Assistance to Foreign Atomic Energy Activities; Secretarial
Determination
AGENCY: National Nuclear Security Administration (NNSA), Department of
Energy (DOE).
ACTION: Notice.
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SUMMARY: On December 29, 2022, the Secretary of Energy (Secretary)
issued a determination modifying the generally authorized destination
status of Mexico for exports of controlled nuclear technology and
assistance under DOE's regulation on Assistance to Foreign Atomic
Energy Activities. Accordingly, DOE is publishing this determination.
FOR FURTHER INFORMATION CONTACT: Ms. Katie Strangis, Deputy Director,
Office of Nonproliferation and Arms Control (NPAC), National Nuclear
Security Administration, Department of Energy, 1000 Independence Avenue
SW, Washington, DC 20585, telephone (202) 586-8623; Mr. Thomas Reilly,
Office of the General Counsel, GC-74, Department of Energy, 1000
Independence Avenue SW, Washington, DC 20585, telephone (202) 586-3417;
or Mr. Zachary Stern, Office of the General Counsel, National Nuclear
Security Administration, Department of Energy, 1000 Independence Avenue
SW, Washington, DC 20585, telephone (202) 586-8627.
SUPPLEMENTARY INFORMATION: On December 29, 2022, the Secretary issued a
determination expanding Mexico's generally authorized destination
status to cover the full scope of exports of controlled nuclear
technology and assistance. The text of the determination is reprinted
below. The Atomic Energy Act of 1954, as amended (42 U.S.C. 2077)
(AEA), enables peaceful nuclear trade by helping to assure that nuclear
technologies exported from the United States will not be used for non-
peaceful purposes.
Part 810 of title 10, Code of Federal Regulations (part 810)
implements section 57 b.(2) of the AEA, pursuant to which the Secretary
has granted a general authorization for certain categories of
activities which the Secretary has found to be non-inimical to the
interest of the United States--including assistance or transfers of
technology to the ``generally authorized destinations'' listed in
appendix A to part 810.
Signing Authority
This document of the Department of Energy was signed on January 25,
2023, by Katie D. Strangis, Deputy Director, Office of Nonproliferation
and Arms Control, National Nuclear Security Administration, 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 January 26, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
Appendix
Set forth below is the full text of the Secretarial
Determination:
Determination and Authorization Pursuant to Section 57 b.(2) of the
Atomic Energy Act of 1954, as Amended, Regarding Exports of Nuclear
Technology and Assistance to Mexico
Having considered the Department of Energy's National Nuclear
Security Administration (DOE/NNSA) recommendation, the Department of
State's concurrence, and the consultations with the Departments of
Defense and Commerce and the Nuclear Regulatory Commission, I have
determined pursuant to section 57 b.(2) of the Atomic Energy Act of
1954, as amended, that a general authorization under DOE regulations
at 10 CFR part 810 (Part 810) for exports of Part 810--controlled
nuclear technology and assistance to Mexico will not be inimical to
the interest of the United States, provided that no sensitive
nuclear technology or assistance described in 10 CFR 810.7 is
involved.
Whether a destination is determined to be generally or
specifically authorized depends on a number of factors, including
the existence of a bilateral peaceful nuclear cooperation agreement
(``123 agreement'') with the United States. The U.S.-Mexico 123
Agreement entered into force on November 2, 2022. As such, and in
consideration of relevant factors, I have determined that expanding
Mexico's generally authorized status to cover the full scope of
exports of Part 810-controlled nuclear technology and assistance to
Mexico under 10 CFR 810.6(a) meets the non-inimicality standard.
I therefore modify Mexico's status as a generally authorized
destination under 10 CFR 810.6(a) to remove the current restriction
to activities related to INFCIRC/203 Parts 1 and 2 and INFCIRC/825.
Accordingly, as of the date on which this determination is
issued, all currently issued specific authorizations pursuant to 10
CFR 810.7(a) of exports of Part 810--controlled nuclear technology
and assistance to Mexico are eligible for the general authorization
under 10 CFR 810.6(a), subject to the reporting requirements
described in 10 CFR 810.12(e). Initial reporting in accordance with
10 CFR 810.12(e) may also serve to satisfy reporting requirements
under 10 CFR 810.12(b) if specified accordingly. Activities subject
to 10 CFR 810.7(b)-(c) continue to require specific authorization.
Date: December 29, 2022.
Jennifer Granholm,
Secretary of Energy.
[FR Doc. 2023-01960 Filed 1-30-23; 8:45 am]
BILLING CODE 6450-01-P
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