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)

Page Range		80051-80052
FR Document		2016-27409

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 Issue 220 (Tuesday, November 15, 2016)

[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.

-----------------------------------------------------------------------

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

Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Notices 80051

Tentative Agenda: (updates will be DATES: The meeting scheduled for 20520, StratfordRJ@state.gov, telephone
posted on the web at: http:// December 13, 2016, announced in the 202–647–4413; or Mr. Steven Clagett,
hydrogen.energy.gov/ November 2, 2016, issue of the Federal Director, Nuclear and Missile
advisory_htac.html). Register (FR Doc. 2016–26419, 81 FR Technology Division, Department of
• HTAC Business (including public 212), is cancelled. Commerce, 1401 Constitution Avenue
comment period) FOR FURTHER INFORMATION CONTACT: NW., Washington, DC 20230,
• DOE Leadership Updates Karen Gibson, Designated Federal Steven.clagett@bis.doc.gov, telephone
• Program and Budget Updates Officer, U.S. Department of Energy, 202–482–1641.
• Updates from Federal/State 1000 Independence Avenue SW., SUPPLEMENTARY INFORMATION:
Governments and Industry Washington, DC 20585; seab@ Background
• HTAC Subcommittee Updates hq.doe.gov.
• Open Discussion Period Section 57b.(2) of the Atomic Energy
Issued at Washington, DC, on November 8, Act of 1954, as amended (AEA), is
Public Participation: The meeting is 2016.
implemented through the DOE/NNSA
open to the public. Individuals who LaTanya R. Butler, regulations under Title 10 of the Code
would like to attend and/or to make oral Deputy Committee Management Officer. of Federal Regulations (CPR) Part 810
statements during the public comment [FR Doc. 2016–27362 Filed 11–14–16; 8:45 am] (Part 810) governing exports of
period must register no later than 5:00
BILLING CODE 6405–01–P unclassified nuclear technology and
p.m. on Monday, November 28, 2016 by
assistance. On February 23, 2015, DOE/
email at HTAC@nrel.gov. Entry to the
NNSA published its final rule (80 FR
meeting room will be restricted to those DEPARTMENT OF ENERGY 9359) revising Part 810. The final rule
who have confirmed their attendance in
came into effect on March 25, 2015.
advance. Please provide your name, National Nuclear Security Before the Secretary of Energy
organization, citizenship, and contact Administration authorizes certain transfers of civil
information. Anyone attending the nuclear technology and assistance,
meeting will be required to present DEPARTMENT OF STATE DOE/NNSA is required to consult with
government-issued identification. Those the Nuclear Regulatory Commission
wishing to make a public comment are DEPARTMENT OF COMMERCE (NRC), the Department of Commerce
required to register. The public (DOC), and the Department of Defense
comment period will take place between Amendment to Procedures Established
(DoD), and obtain the concurrence of the
9:00 a.m. and 9:30 a.m. on December 6, Pursuant to the Nuclear Non-
Department of State (DOS). These
2016. Time allotted per speaker will Proliferation Act of 1978
reviews are accomplished in a manner
depend on the number who wish to consistent with Part D of the Procedures
AGENCY: National Nuclear Security
speak but will not exceed five minutes. Established Pursuant to the Nuclear
Administration, Department of Energy;
Those not able to attend the meeting or Non-Proliferation Act of 1978 (the
Department of State, Department of
have insufficient time to address the ‘‘Procedures’’), as published in the
Commerce.
committee are invited to send a written Federal Register on June 7, 1978 (43 FR
statement to HTAC@nrel.gov. ACTION: Notice.
25326), and amended by publication in
Minutes: The minutes of the meeting SUMMARY: Section 3136 of the National the Federal Register on May 16, 1984
will be available for public review at Defense Authorization Act for Fiscal (49 FR 20780), and February 19, 1991
http://hydrogen.energy.gov/ Year 2016 (NDAA) mandates that the (56 FR 6701). This amendment
advisory_htac.html. Office of the Director of National addresses only Section 12 of Part D of
Issued in Washington, DC at November 8, Intelligence (ODNI) also be consulted the Procedures to implement the new
2016. with respect to each authorization under requirements of Section 3136 of the
LaTanya R. Butler, section 57b.(2) of the Atomic Energy Act NDAA, which mandates that the
Deputy Committee Management Officer. of 1954, as amended (AEA), to a covered Director, ODNI, also be consulted with
[FR Doc. 2016–27361 Filed 11–14–16; 8:45 am] foreign country as defined in section respect to each authorization under
BILLING CODE 6450–01–P 3136(i)(2) of the NDAA. This section 57b. of the AEA to a covered
amendment to the Procedures foreign country as defined in section
Established Pursuant to the Nuclear 3136(i)(2) of the NDAA.
DEPARTMENT OF ENERGY Non-Proliferation Act of 1978 Amended Procedure
implements this consultation
Secretary of Energy Advisory Board requirement. To provide for consultation with the
ODNI on applications for specific
AGENCY: Department of Energy. DATES: Effective: November 15, 2016. authorization under section 57b.(2) of
ACTION:Notice of cancellation of open FOR FURTHER INFORMATION CONTACT: Mr. the AEA, as implemented by DOE/
meeting. Richard Goorevich, Senior Policy NNSA regulations at 10 CFR Part 810,
Advisor, Office of Nonproliferation and Section 12 of Part D of the Procedures
SUMMARY: On November 2, 2016, the Arms Control (NPAC), National Nuclear is amended as follows:
Department of Energy (DOE) published Security Administration (NNSA), 1. Within 10 days of receipt of an
a notice of open meeting scheduled for Department of Energy (DOE), 1000 application for specific authorization for
December 13, 2016, of the Secretary of Independence Avenue SW., a transfer of technology controlled
mstockstill on DSK3G9T082PROD with NOTICES

Energy Advisory Board. This notice Washington, DC 20585, under 10 CFR Part 810, DOE/NNSA
announces the cancellation of this Richard.Goorevich@nnsa.doe.gov, conducts a technical review of the
meeting. The meeting is being cancelled telephone 202–586–0589; or Mr. Dick application to determine whether the
because the board will not have a Stratford, Director, Office of Nuclear application is properly submitted and
quorum due to scheduling conflicts by Energy, Safety, and Security, falls within the scope of the regulation.
members. The next regular meeting will Department of State (DOS), 2201 C St. 1.a. Concurrent with the internal
be held at a date to be determined. NW., Room 3320, Washington, DC DOE/NNSA technical review, for

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80052 Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Notices

packages involving covered foreign subject to protection in accordance with Parkway, Suite 2, Lewiston, ME 04240,
countries as defined in section applicable law and Executive Orders. Email: Frederic.boucher@kruger.com
3136(i)(2) of the NDAA, DOE/NNSA Such information would be made and Ms. Heather J. Haney, Kaplan
sends the end user, equipment, supplier available within the respective agencies Kirsch & Rockwell, 1675 Broadway,
information, and any other relevant only to those personnel who have a Suite 2300, Denver, CO 80202, Email:
information to ODNI. ODNI notifies need to know for the purpose of hhaney@kaplankirsch.com.
Intelligence Community (IC) elements of reviewing applications for exports of FERC Contact: Patricia W. Gillis, (202)
the application for transfer of unclassified nuclear technology and 502–8735, patricia.gillis@ferc.gov.
technology as soon as possible. assistance under section 57b.(2) of the Deadline for filing comments, motions
1.b. Within 10 business days of initial Atomic Energy Act of 1954, as amended, to intervene, and protests: 30 days from
notification, ODNI identifies, based on and otherwise disclosed only with the the date that the Commission issues this
the details of the transfer application express consent of DOE/NNSA or when notice. The Commission strongly
and availability, an IC point of contact such disclosure is required by law. encourages electronic filing. Please file
(POC) to provide a response. DOE/ comments, motions to intervene, and
Dated: November 2, 2016.
NNSA provides ODNI with any protests using the Commission’s eFiling
technical reviews or assessments Kasia Mendelsohn,
Associate Deputy, Administrator, Office of system at http://www.ferc.gov/docs-
conducted by DOE/NNSA relevant to filing/efiling.asp. Commenters can
the technology transfer. Nonproliferation and Arms Control, National
Nuclear Security Administration. Department submit brief comments up to 6,000
1.c. Within 30 business days of
of Energy. characters, without prior registration,
receiving the end user, equipment, and
Richard J.K. Stratford, using the eComment system at http://
supplier information from DOE/NNSA,
Director, Office of Nuclear Energy, Safety and www.ferc.gov/docs-filing/
ODNI makes its coordinated response
Security, Bureau of International Security and ecomment.asp. You must include your
available to: DOE/NNSA; DOS; and
Nonproliferation, Department of State. name and contact information at the end
NRC, DOC, and DoD (collectively herein
Matthew Borman, of your comments. For assistance,
referred to as the ‘‘Consulting
Deputy Assistant Secretary, Office of Export please contact FERC Online Support at
Agencies’’).
2. After the DOE/NNSA technical Administration, Bureau of lndustry and FERCOnlineSupport@ferc.gov, (866)
review is complete, with expected Security, Department of Commerce. 208–3676 (toll free), or (202) 502–8659
timelines of not more than 60 days for [FR Doc. 2016–27409 Filed 11–14–16; 8:45 am] (TTY). In lieu of electronic filing, please
covered foreign countries and 30 days BILLING CODE 6450–01–P send a paper copy to: Secretary, Federal
for other destinations, DOE/NNSA Energy Regulatory Commission, 888
transmits through appropriate means First Street NE., Washington, DC 20426.
the application and DOE/NNSA analysis DEPARTMENT OF ENERGY The first page of any filing should
to DoD, DOC, DOS, and NRC for review. include docket number P–2850–023.
Within 30 days after receipt, DOS and Federal Energy Regulatory Dated: November 7, 2016.
the Consulting Agencies provide their Commission
Kimberly D. Bose,
views on the application and analysis. [Project No. 2850–023] Secretary.
If DOS or a Consulting Agency notifies [FR Doc. 2016–27381 Filed 11–14–16; 8:45 am]
DOE/NNSA NPAC in writing that Hampshire Paper Company, Inc., KE
BILLING CODE 6717–01–P
additional information is required, Emeryville, LLC; Notice of Application
NPAC will provide appropriate time for for Transfer of License and Soliciting
all Consulting Agencies to consider the Comments, Motions To Intervene, and DEPARTMENT OF ENERGY
application and a new time line will be Protests
established for reviews based on Federal Energy Regulatory
individual circumstances. Note that the On October 24, 2016, Hampshire Commission
U.S. Government, through DOS, Paper Company, Inc. (transferor) and KE
requests foreign government assurances Emeryville, LLC (transferee) filed an
[Docket No. EL17–15–000]
for specific authorizations, and it is the application for the transfer of license of
foreign government’s control over how the Emeryville Hydroelectric Project No. Big Rivers Electric Corporation v.
long it may take to deliver these 2850. The project is located on the Midcontinent Independent System
assurances, which may lengthen the Oswegatchie River in St. Lawrence Operator, Inc.; Notice of Complaint
time line for interagency review beyond County, New York. The project does not
the expected 30 days. occupy Federal lands. Take notice that on November 4,
3. Within 100 days following the The applicants seek Commission 2016, pursuant to section 206 of the
completion of the interagency approval to transfer the license for the Federal Power Act, 16 U.S.C. 824e, and
consultations, NPAC provides the Emeryville Hydroelectric Project from Rules 206 and 212 of the Federal Energy
Secretary of Energy with a Hampshire Paper Company, Inc. to KE Regulatory Commission’s (Commission)
recommendation for action on the Emeryville, LLC. Rules of Practice and Procedure, 18 CFR
application, including the views of Applicants Contact: For transferor: 385.206 and 385.212 (2016), Big Rivers
DOS, the Consulting Agencies, and Mr. Charles Wemyss, Hampshire Paper Electric Corporation (Complainant) filed
ODNI, if applicable. In the event that Company, Inc., c/o Pierce Atwood, LLP, a formal complaint against
any such agencies recommend further 254 Commercial Street, Portland, ME Midcontinent Independent System
mstockstill on DSK3G9T082PROD with NOTICES

consideration this timeline may be 04101, Email: cwemyss@oswpower.com Operator, Inc. (Respondent) alleging that
extended. and Mr. Christopher Howard, Pierce Respondent’s application of the relevant
Information provided to DOE in Atwood, LLP, Merrill’s Wharf, 245 Open Access Transmission, Energy and
connection with these procedures may Commercial Street, Portland, ME 04101, Operating Reserves Markets Tariff
be marked or otherwise identified as Email: choward@pierceatwood.com. For provisions to Complainant is not just
business proprietary and/or personally transferee: Mr. Frédéric Boucher, KE and reasonable, all as more fully
identifiable information and would be Emeryville, LLC, 37 Alfred A. Plourde explained in the complaint.

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Document Created: 2016-11-15 00:48:13
Document Modified: 2016-11-15 00:48:13

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Effective: November 15, 2016.
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.
FR Citation		81 FR 80051

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

DEPARTMENT OF ENERGYNational Nuclear Security AdministrationDEPARTMENT OF STATEDEPARTMENT OF COMMERCE

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

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