Rule2026-12066
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
June 16, 2026
Effective
June 16, 2026
Issuing agencies
Energy Department
Abstract
On April 13, 2026, the Secretary of Energy ("Secretary") issued a Determination generally authorizing the destination of Thailand for exports of controlled nuclear technology and assistance under DOE's regulation on Assistance to Foreign Atomic Energy Activities. Accordingly, DOE is issuing this final rule to add Thailand to the generally authorized destinations list in appendix A.
Full Text
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<title>Federal Register, Volume 91 Issue 115 (Tuesday, June 16, 2026)</title>
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[Federal Register Volume 91, Number 115 (Tuesday, June 16, 2026)]
[Rules and Regulations]
[Pages 36071-36073]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-12066]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 91, No. 115 / Tuesday, June 16, 2026 / Rules
and Regulations
[[Page 36071]]
DEPARTMENT OF ENERGY
10 CFR Part 810
RIN 1994-AA07
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 April 13, 2026, the Secretary of Energy (``Secretary'')
issued a Determination generally authorizing the destination of
Thailand for exports of controlled nuclear technology and assistance
under DOE's regulation on Assistance to Foreign Atomic Energy
Activities. Accordingly, DOE is issuing this final rule to add Thailand
to the generally authorized destinations list in appendix A.
DATES: This rule is effective on June 16, 2026.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Goorevich, Assistant
Deputy Administrator, Office of Nonproliferation and Arms Control
(NPAC), National Nuclear Security Administration, Department of Energy,
1000 Independence Avenue SW, Washington, DC 20585, telephone (202) 586-
6836, <a href="/cdn-cgi/l/email-protection#abd9c2c8c3cad9cf85ccc4c4d9ceddc2c8c3ebc5c5d8ca85cfc4ce85ccc4dd"><span class="__cf_email__" data-cfemail="41332822292033256f262e2e332437282229012f2f32206f252e246f262e37">[email protected]</span></a>; Ms. Christina Pak, Office of the
General Counsel, GC-74, Department of Energy, 1000 Independence Avenue
SW, Washington, DC 20585, telephone (202) 531-7420,
<a href="/cdn-cgi/l/email-protection#54373c263d27203d3a357a24353f143c257a303b317a333b22"><span class="__cf_email__" data-cfemail="ceada6bca7bdbaa7a0afe0beafa58ea6bfe0aaa1abe0a9a1b8">[email protected]</span></a>; 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, <a href="/cdn-cgi/l/email-protection#4b312a28232a393265383f2e39250b2525382a652f242e652c243d"><span class="__cf_email__" data-cfemail="4b312a28232a393265383f2e39250b2525382a652f242e652c243d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
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 April 13, 2026, the Secretary issued a ``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 Thailand,'' which was published in the Federal Register
on May 14, 2026 (91 FR 27322). Section 57b.(2) of the Atomic Energy Act
of 1954, as amended (``AEA'') (42 U.S.C. 2077(b)(2)), enables peaceful
nuclear trade by helping to assure that nuclear technology exports 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 that 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. In light of the Secretary's Determination to generally
authorize Thailand to cover exports of part 810-controlled nuclear
technology and assistance, DOE is amending the generally authorized
destinations list in appendix A by adding Thailand.
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 adding Thailand to the
generally authorized destinations list. Comments cannot alter the
regulation given that the generally authorized destination status for
Thailand has already been made effective through the Secretarial
Determination issued on April 13, 2026 and published on May 14, 2026,
at 91 FR 27322.
Accordingly, DOE has concluded that there is good cause to publish
this final rule without prior opportunity for public comment because
the action merely aligns appendix A with the Secretarial Determination.
A delay in effective date is unnecessary for these same reasons.
Therefore, these amendments are published as final and are effective
June 16, 2026.
III. Regulatory Review
A. Executive Order 12866
Executive Order (``E.O.'') 12866, ``Regulatory Planning and
Review,'' requires agencies, to the extent permitted by law, to (1)
propose or adopt a regulation only upon a reasoned determination that
its benefits justify its costs (recognizing that some benefits and
costs are difficult to quantify); (2) tailor regulations to impose the
least burden on society, consistent with obtaining regulatory
objectives, taking into account, among other things, and to the extent
practicable, the costs of cumulative regulations; (3) select, in
choosing among alternative regulatory approaches, those approaches that
maximize net benefits (including potential economic, environmental,
public health and safety, and other advantages; distributive impacts;
and equity); (4) to the extent feasible, specify performance
objectives, rather than specifying the behavior or manner of compliance
that regulated entities must adopt; and (5) identify and assess
available alternatives to direct regulation, including providing
economic incentives to encourage the desired behavior, such as user
fees or marketable permits, or providing information upon which choices
can be made by the public. DOE emphasizes as well that E.O. 13563
requires agencies to use the best available techniques to quantify
anticipated present and future benefits and costs as accurately as
possible. In its guidance, the Office of Information and Regulatory
Affairs (``OIRA'') in the Office of Management and Budget (``OMB'') has
emphasized that such techniques may include identifying changing future
compliance costs that might result from technological innovation or
anticipated behavioral changes. For the reasons stated in the preamble,
this final rule is consistent with these principles.
[[Page 36072]]
Section 6(a) of E.O. 12866 also requires agencies to submit
``significant regulatory actions'' to OIRA for review. OIRA has
determined that this regulatory action does not constitute a
``significant regulatory action'' under section 3(f) of E.O. 12866.
Accordingly, this action was not submitted to OIRA for review under
E.O. 12866.
B. Additional Executive Orders and Presidential Memoranda
DOE has examined this final rule and has determined that it is
consistent with the policies and directives outlined in E.O. 14154
``Unleashing American Energy,'' E.O. 14192, ``Unleashing Prosperity
Through Deregulation,'' and Presidential Memorandum, ``Delivering
Emergency Price Relief for American Families and Defeating the Cost-of-
Living Crisis.''
C. National Environmental Policy Act
DOE has considered this final rule in accordance with the National
Environmental Policy Act (NEPA), as amended, DOE's NEPA implementing
regulations, set forth in 10 CFR part 1021, and DOE's NEPA Implementing
Procedures published outside the Code of Federal Regulations on June
30, 2025. DOE has determined that NEPA does not apply to this action.
The changes to appendix A to part 810 are ministerial. DOE has
determined that this rulemaking is a Federal action, but it is not
``major'' and therefore not subject to NEPA. This action is one to
which NEPA does not apply because it does not fall within the
definition of ``major Federal action'' in section 110(10) of NEPA, 42
U.S.C. 4336e(10). For more information, please see appendix A of 10 CFR
part 1021 (``A5, Interpretive rulemakings with no change in
environmental effect'') and appendix A of DOE's NEPA Implementing
Procedures, A5, Interpretive rulemakings with no change in
environmental effect (June 30, 2025).D. 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 is 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 part 810.
DOE estimates that approximately 10 percent of the entities
impacted by part 810 are small businesses, which 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 development or
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 no longer requires
such persons to obtain specific authorization before making such
transfers to Thailand, and this change is not expected to have any
significant impact. This rulemaking no longer requires such persons to
obtain specific authorization before making such transfers to Thailand,
which is expected to ease the burden on small businesses.
On the basis of the foregoing, DOE certifies this final 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.
E. 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.).
F. 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 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.
G. 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 final 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 under Executive Order 13132.
H. 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 final 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.
I. Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy, Supply,
[[Page 36073]]
Distribution, or Use,'' 66 FR 28355 (May 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.
J. 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
final rule under the OMB and DOE guidelines and has concluded that it
is consistent with applicable policies in those guidelines.
K. 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 rule. The report will state that it has
been determined that the rule is not a ``major rule'' as defined by 5
U.S.C. 801 804(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 June 5,
2026, by Chris Wright, 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 June 12, 2026.
Jennifer Hartzell,
Alternate 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, 232, and 234 AEA,
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, 2282), the
Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L.
108-458, 118 Stat. 3768, and sec. 3116 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019, Pub. L.
115-232; 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]
0
2. Appendix A to part 810 is amended by adding an entry to the list for
``Thailand'' in alphabetical order to read as follows:
Appendix A to Part 810--Generally Authorized Destinations
* * * * *
Thailand
* * * * *
[FR Doc. 2026-12066 Filed 6-15-26; 8:45 am]
BILLING CODE 6450-01-P
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