81 FR 80051 - Amendment to Procedures Established Pursuant to the Nuclear Non-Proliferation Act of 1978

DEPARTMENT OF ENERGY
National Nuclear Security Administration
DEPARTMENT OF STATE
DEPARTMENT OF COMMERCE

Federal Register Volume 81, Issue 220 (November 15, 2016)

Section 3136 of the National Defense Authorization Act for Fiscal Year 2016 (NDAA) mandates that the Office of the Director of National Intelligence (ODNI) also be consulted with respect to each authorization under section 57b.(2) of the Atomic Energy Act of 1954, as amended (AEA), to a covered foreign country as defined in section 3136(i)(2) of the NDAA. This amendment to the Procedures Established Pursuant to the Nuclear Non-Proliferation Act of 1978 implements this consultation requirement.

[Federal Register Volume 81, Number 220 (Tuesday, November 15, 2016)]
[Notices]
[Pages 80051-80052]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27409]


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DEPARTMENT OF ENERGY

National Nuclear Security Administration

DEPARTMENT OF STATE

DEPARTMENT OF COMMERCE


Amendment to Procedures Established Pursuant to the Nuclear Non-
Proliferation Act of 1978

AGENCY: National Nuclear Security Administration, Department of Energy; 
Department of State, Department of Commerce.

ACTION: Notice.

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SUMMARY: Section 3136 of the National Defense Authorization Act for 
Fiscal Year 2016 (NDAA) mandates that the Office of the Director of 
National Intelligence (ODNI) also be consulted with respect to each 
authorization under section 57b.(2) of the Atomic Energy Act of 1954, 
as amended (AEA), to a covered foreign country as defined in section 
3136(i)(2) of the NDAA. This amendment to the Procedures Established 
Pursuant to the Nuclear Non-Proliferation Act of 1978 implements this 
consultation requirement.

DATES: Effective: November 15, 2016.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Goorevich, Senior Policy 
Advisor, Office of Nonproliferation and Arms Control (NPAC), National 
Nuclear Security Administration (NNSA), Department of Energy (DOE), 
1000 Independence Avenue SW., Washington, DC 20585, 
[email protected], telephone 202-586-0589; or Mr. Dick 
Stratford, Director, Office of Nuclear Energy, Safety, and Security, 
Department of State (DOS), 2201 C St. NW., Room 3320, Washington, DC 
20520, [email protected], telephone 202-647-4413; or Mr. Steven 
Clagett, Director, Nuclear and Missile Technology Division, Department 
of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, 
[email protected], telephone 202-482-1641.

SUPPLEMENTARY INFORMATION: 

Background

    Section 57b.(2) of the Atomic Energy Act of 1954, as amended (AEA), 
is implemented through the DOE/NNSA regulations under Title 10 of the 
Code of Federal Regulations (CPR) Part 810 (Part 810) governing exports 
of unclassified nuclear technology and assistance. On February 23, 
2015, DOE/NNSA published its final rule (80 FR 9359) revising Part 810. 
The final rule came into effect on March 25, 2015. Before the Secretary 
of Energy authorizes certain transfers of civil nuclear technology and 
assistance, DOE/NNSA is required to consult with the Nuclear Regulatory 
Commission (NRC), the Department of Commerce (DOC), and the Department 
of Defense (DoD), and obtain the concurrence of the Department of State 
(DOS). These reviews are accomplished in a manner consistent with Part 
D of the Procedures Established Pursuant to the Nuclear Non-
Proliferation Act of 1978 (the ``Procedures''), as published in the 
Federal Register on June 7, 1978 (43 FR 25326), and amended by 
publication in the Federal Register on May 16, 1984 (49 FR 20780), and 
February 19, 1991 (56 FR 6701). This amendment addresses only Section 
12 of Part D of the Procedures to implement the new requirements of 
Section 3136 of the NDAA, which mandates that the Director, ODNI, also 
be consulted with respect to each authorization under section 57b. of 
the AEA to a covered foreign country as defined in section 3136(i)(2) 
of the NDAA.

Amended Procedure

    To provide for consultation with the ODNI on applications for 
specific authorization under section 57b.(2) of the AEA, as implemented 
by DOE/NNSA regulations at 10 CFR Part 810, Section 12 of Part D of the 
Procedures is amended as follows:
    1. Within 10 days of receipt of an application for specific 
authorization for a transfer of technology controlled under 10 CFR Part 
810, DOE/NNSA conducts a technical review of the application to 
determine whether the application is properly submitted and falls 
within the scope of the regulation.
    1.a. Concurrent with the internal DOE/NNSA technical review, for

[[Page 80052]]

packages involving covered foreign countries as defined in section 
3136(i)(2) of the NDAA, DOE/NNSA sends the end user, equipment, 
supplier information, and any other relevant information to ODNI. ODNI 
notifies Intelligence Community (IC) elements of the application for 
transfer of technology as soon as possible.
    1.b. Within 10 business days of initial notification, ODNI 
identifies, based on the details of the transfer application and 
availability, an IC point of contact (POC) to provide a response. DOE/
NNSA provides ODNI with any technical reviews or assessments conducted 
by DOE/NNSA relevant to the technology transfer.
    1.c. Within 30 business days of receiving the end user, equipment, 
and supplier information from DOE/NNSA, ODNI makes its coordinated 
response available to: DOE/NNSA; DOS; and NRC, DOC, and DoD 
(collectively herein referred to as the ``Consulting Agencies'').
    2. After the DOE/NNSA technical review is complete, with expected 
timelines of not more than 60 days for covered foreign countries and 30 
days for other destinations, DOE/NNSA transmits through appropriate 
means the application and DOE/NNSA analysis to DoD, DOC, DOS, and NRC 
for review. Within 30 days after receipt, DOS and the Consulting 
Agencies provide their views on the application and analysis. If DOS or 
a Consulting Agency notifies DOE/NNSA NPAC in writing that additional 
information is required, NPAC will provide appropriate time for all 
Consulting Agencies to consider the application and a new time line 
will be established for reviews based on individual circumstances. Note 
that the U.S. Government, through DOS, requests foreign government 
assurances for specific authorizations, and it is the foreign 
government's control over how long it may take to deliver these 
assurances, which may lengthen the time line for interagency review 
beyond the expected 30 days.
    3. Within 100 days following the completion of the interagency 
consultations, NPAC provides the Secretary of Energy with a 
recommendation for action on the application, including the views of 
DOS, the Consulting Agencies, and ODNI, if applicable. In the event 
that any such agencies recommend further consideration this timeline 
may be extended.
    Information provided to DOE in connection with these procedures may 
be marked or otherwise identified as business proprietary and/or 
personally identifiable information and would be subject to protection 
in accordance with applicable law and Executive Orders. Such 
information would be made available within the respective agencies only 
to those personnel who have a need to know for the purpose of reviewing 
applications for exports of unclassified nuclear technology and 
assistance under section 57b.(2) of the Atomic Energy Act of 1954, as 
amended, and otherwise disclosed only with the express consent of DOE/
NNSA or when such disclosure is required by law.

    Dated: November 2, 2016.
Kasia Mendelsohn,
Associate Deputy, Administrator, Office of Nonproliferation and Arms 
Control, National Nuclear Security Administration. Department of 
Energy.
Richard J.K. Stratford,
Director, Office of Nuclear Energy, Safety and Security, Bureau of 
International Security and Nonproliferation, Department of State.
Matthew Borman,
Deputy Assistant Secretary, Office of Export Administration, Bureau of 
lndustry and Security, Department of Commerce.
[FR Doc. 2016-27409 Filed 11-14-16; 8:45 am]
 BILLING CODE 6450-01-P