Rule2023-02456
Assistance to Foreign Atomic Energy Activities
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
February 8, 2023
Effective
February 8, 2023
Issuing agencies
Energy Department
Abstract
On December 29, 2022, the Secretary of Energy ("Secretary") issued determinations modifying the generally authorized destination status of Mexico and revoking the general authorizations for exports of controlled nuclear technology and assistance to Colombia and Egypt under DOE's regulation on Assistance to Foreign Atomic Energy Activities. Accordingly, DOE is issuing this final rule to remove the restriction on the general authorization previously applicable to Mexico and to remove Colombia and Egypt from the generally authorized destinations list in appendix A.
Full Text
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<title>Federal Register, Volume 88 Issue 26 (Wednesday, February 8, 2023)</title>
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[Federal Register Volume 88, Number 26 (Wednesday, February 8, 2023)]
[Rules and Regulations]
[Pages 8217-8219]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02456]
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DEPARTMENT OF ENERGY
10 CFR Part 810
RIN 1994-AA04
Assistance to Foreign Atomic Energy Activities
AGENCY: National Nuclear Security Administration (NNSA), Department of
Energy (DOE).
ACTION: Final rule.
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SUMMARY: On December 29, 2022, the Secretary of Energy (``Secretary'')
issued determinations modifying the generally authorized destination
status of Mexico and revoking the general authorizations for exports of
controlled nuclear technology and assistance to Colombia and Egypt
under DOE's regulation on Assistance to Foreign Atomic Energy
Activities. Accordingly, DOE is issuing this final rule to remove the
restriction on the general authorization previously applicable to
Mexico and to remove Colombia and Egypt from the generally authorized
destinations list in appendix A.
DATES: This rule is effective on February 8, 2023.
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-53, 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:
I. Background and Discussion of Final Rule
II. Good Cause for Dispensing With Notice and Comment
III. Regulatory Review
IV. Approval of the Office of the Secretary
I. Background and Discussion of Final Rule
On December 29, 2022, the Secretary issued two determinations, (1)
``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'' and (2) ``determination and
revocation of general authorizations pursuant to Department of Energy
regulations at 10 CFR part 810 regarding exports of nuclear technology
and assistance to Colombia and Egypt,'' modifying the generally
authorized destination status of Mexico and revoking the general
authorizations for exports to Colombia and Egypt of controlled nuclear
technology and assistance, which were published in the Federal Register
on January 31, 2023 (88 FR 6243-6244); (88 FR 6247). 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. The Appendix A list currently includes Colombia, Egypt,
and Mexico, with Mexico currently listed as a generally authorized
destination only for activities related to INFCIRC/203 Parts 1 and 2
and INFCIRC/825. In light of the Secretary's Determinations to expand
Mexico's generally authorized status to cover the full scope of exports
of part 810-controlled nuclear technology and assistance, and to revoke
the general authorizations for exports of part 810-controlled nuclear
technology and assistance to Colombia and Egypt, DOE is amending the
generally authorized destinations list in appendix A by removing the
restrictive language after Mexico and removing Colombia and Egypt from
Appendix A.
II. Good Cause for Dispensing With Notice and Comment
In accordance with the Administrative Procedure Act (APA), an
agency may waive the notice and comment procedure if it finds, for good
cause, that it is ``impracticable, unnecessary, or contrary to the
public interest.'' 5 U.S.C. 553(b). Additionally, 5 U.S.C. 553(d)
provides that an agency may waive the 30-day delayed effective date
upon finding of good cause.
DOE finds good cause that notice and comment for this rule is
unnecessary due to the nature of the revisions. This final rule simply
makes ministerial changes to appendix A by removing the restriction on
the general authorization previously applicable to Mexico and by
removing Colombia and Egypt from the generally authorized destinations
list. Comments cannot alter the regulation
[[Page 8218]]
given that the modification of Mexico's generally authorized
destination status and the revocation of the general authorizations for
Colombia and Egypt have already been made effective through the
Secretarial Determinations issued on December 29, 2022, and published
on January 31, 2023, at 88 FR 6243-6244 and 88 FR 6247.
Accordingly, DOE has concluded that there is good cause to publish
this rule without prior opportunity for public comment because the
action merely aligns appendix A with the Secretarial Determinations. A
delay in effective date is unnecessary for these same reasons.
Therefore, these amendments are published as final and are effective
February 8, 2023.
III. Regulatory Review
A. Executive Order 12866
This final rule 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, this action
was not subject to review under that Executive order by the Office of
Information and Regulatory Affairs (OIRA) of the Office of Management
and Budget (OMB).
B. National Environmental Policy Act
DOE has determined that this rule is covered under the Categorical
Exclusion found in DOE's National Environmental Policy Act regulations
at paragraph A5 of appendix A to subpart D, 10 CFR part 1021, which
applies to a rulemaking that amends an existing rule or regulation and
that does not change the environmental effect of the rule or regulation
being amended. Accordingly, neither an environmental assessment nor an
environmental impact statement is required.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. As discussed
previously, DOE has determined that providing notice and opportunity
for public comment on this final rule are unnecessary. Therefore, no
regulatory flexibility analysis has been prepared for this final rule.
The changes to appendix A are summarized in Section I of this
document. DOE has reviewed the changes under the provisions of the
Regulatory Flexibility Act and the procedures and policies published on
February 19, 2003. The changes update the list of generally authorized
destinations. They do not expand the scope of activities currently
regulated under 10 CFR part 810.
DOE estimates that approximately 10 percent of the entities
impacted by the part 810 regulation are small businesses. Small
businesses impacted by the part 810 regulation generally fall within
two North American Industry Classification System codes: engineering
services (541330) and computer systems designs services (541512).
Often, their requests for authorization include the transfer of
computer codes or other similar products. Generally speaking, small
businesses reported that their initial filing of a part 810 request for
authorization required up to 40 hours of legal assistance, but follow-
on reporting and requests required significantly less assistance.
The requirements for small businesses exporting nuclear technology
abroad would not substantively change because the revisions to this
rule do not add new burdens or duties to small businesses. The
obligations of any person subject to the jurisdiction of the United
States who engages directly or indirectly in the production of special
nuclear material outside the United States have not changed in a manner
that would provide any significant economic impact on small businesses.
This rulemaking change requires such persons to obtain specific
authorization before making such transfers to Colombia and Egypt, but
this change is not expected to have any significant impact. Conversely,
this rulemaking no longer requires such persons to obtain specific
authorization before making such transfers to Mexico, which is expected
to ease the burden on small businesses.
On the basis of the foregoing, DOE certifies this rule would not
have a significant economic impact on a substantial number of small
entities. Accordingly, DOE has not prepared a regulatory flexibility
analysis for this rulemaking.
D. Paperwork Reduction Act
This final rule imposes no information collection or recordkeeping
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.).
E. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (UMRA) requires each
Federal agency to assess the effects of Federal regulatory actions on
State, local, and Tribal governments, and the private sector. Public
Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). For regulatory actions
likely to result in a rule that may cause the expenditure by State,
local, and Tribal governments, in the aggregate, or by the private
sector of $100 million or more in any one year (adjusted annually for
inflation), section 202 of UMRA requires a Federal agency to publish a
written statement that estimates the resulting costs, benefits, and
other effects on the national economy (2 U.S.C. 1532(a),(b)). DOE
examined this final rule according to UMRA and its statement of policy
and has determined that the rule contains neither an intergovernmental
mandate, nor a mandate that may result in the expenditure by State,
local, and Tribal government, in the aggregate, or by the private
sector, of $100 million or more in any year. Accordingly, no further
assessment or analysis is required under UMRA.
F. Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999)
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. Agencies are required to examine the constitutional and
statutory authority supporting any action that would limit the
policymaking discretion of the States and carefully assess the
necessity for such actions. DOE has examined this rule and has
determined that it would not preempt State law and would not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. No further
action is required by Executive Order 13132.
G. Treasury and General Government Appropriations Act, 1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rulemaking that may affect family well-
being. This rule would have no impact on the autonomy or integrity of
the family as an institution. Accordingly, DOE has concluded that it is
not necessary to prepare a Family Policymaking Assessment.
H. Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy, Supply, Distribution, or Use,'' 66 FR
28355 (May
[[Page 8219]]
22, 2001) requires Federal agencies to prepare and submit to OMB a
Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgated or is expected to lead to promulgation of a final
rule, and that: (1) is a significant regulatory action under Executive
Order 12866, or any successor order; and (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use. This regulatory
action would not have a significant adverse effect on the supply,
distribution, or use of energy and is therefore not a significant
energy action. Accordingly, DOE has not prepared a Statement of Energy
Effects.
I. Treasury and General Government Appropriations Act, 2001
The Treasury and General Government Appropriations Act, 2001 (44
U.S.C. 3516 note) provides for agencies to review most disseminations
of information to the public under guidelines established by each
agency pursuant to general guidelines issued by OMB. OMB's guidelines
were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines
were published at 67 FR 62446 (October 7, 2002). DOE has reviewed this
rule under the OMB and DOE guidelines and has concluded that it is
consistent with applicable policies in those guidelines.
J. Congressional Notification
As required by 5 U.S.C. 801, DOE will submit to Congress a report
regarding the issuance of this final rule prior to the effective date
set forth at the outset of this rulemaking. The report will state that
it has been determined that the rule is not a ``major rule'' as defined
by 5 U.S.C. 801(2).
IV. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 10 CFR Part 810
Foreign relations, Nuclear energy, Reporting and recordkeeping
requirements.
Signing Authority
This document of the Department of Energy was signed on December
29, 2022, by Jennifer Granholm, 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 February 1, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons set forth in the preamble, the Department of Energy
amends part 810 of chapter III of title 10 of the Code of Federal
Regulations as set forth below.
PART 810--ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES
0
1. The authority citation for part 810 continues to read as follows:
Authority: Secs. 57, 127, 128, 129, 161, 222, and 232 Atomic
Energy Act of 1954, as amended by the Nuclear Nonproliferation 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, 2272, 2280),
and the Intelligence Reform and Terrorism Prevention Act of 2004,
Pub. L. 108-458, 118 Stat. 3768; Sec. 104 of the Energy
Reorganization Act of 1974, Pub. L. 93-438; Sec. 301, Department of
Energy Organization Act, Pub. L. 95-91; National Nuclear Security
Administration Act, Pub. L. 106-65, 50 U.S.C. 2401 et seq., as
amended.
Appendix A to Part 810 [Amended]
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2. Appendix A to part 810 is amended by:
0
a. Removing ``Colombia'' and ``Egypt''; and
0
b. Removing the text ``(For all activities related to INFCIRC/203 Parts
1 and 2 and INFCIRC/825 only)'' after ``Mexico''.
[FR Doc. 2023-02456 Filed 2-7-23; 8:45 am]
BILLING CODE 6450-01-P
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</html>Indexed from Federal Register on February 8, 2023.
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