Additional Protocol Regulations, 43568-43600 [E8-16815]

Agencies

• DEPARTMENT OF COMMERCE
• Bureau of Industry and Security

[Federal Register Volume 73, Number 144 (Friday, July 25, 2008)]
[Proposed Rules]
[Pages 43568-43600]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16815]



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Part IV





Department of Commerce





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Bureau of Industry and Security



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15 CFR Parts 781, 782, 783 et al.



Additional Protocol Regulations; Proposed Rule

Federal Register / Vol. 73, No. 144 / Friday, July 25, 2008 / 
Proposed Rules

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 781, 782, 783, 784, 785 and 786

[Docket No. 08021265-8693-01]
RIN 0694-AD26


Additional Protocol Regulations

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Proposed rule and request for comments.

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SUMMARY: This proposed rule would implement the provisions of the 
Protocol Additional to the Agreement Between the United States of 
America and the International Atomic Energy Agency (IAEA) for the 
Application of Safeguards in the United States of America (the 
``Additional Protocol''). The Additional Protocol is an agreement 
between the United States and the IAEA to allow monitoring and 
reporting of certain civil nuclear fuel cycle-related activities.
    The Department of Commerce's Bureau of Industry and Security (BIS) 
is proposing these Additional Protocol Regulations (APR) to implement 
the provisions of the Additional Protocol affecting U.S. industry and 
other U.S. persons engaged in certain civil nuclear fuel cycle-related 
activities, which are not regulated by the U.S. Nuclear Regulatory 
Commission (NRC) or its domestic Agreement States and are not located 
on certain U.S. government locations. The proposed APR describe the 
requirement to report such activities to BIS, the scope and conduct of 
IAEA complementary access to locations at which such civil nuclear fuel 
cycle-related activities take place, and the role of BIS in 
implementing the Additional Protocol in the United States. The impact 
of the APR on U.S. industry and other U.S. persons will involve the 
submission of initial reports, annual update reports, and other 
reporting requirements, as well as on-site activities in conjunction 
with complementary access. Other U.S. government agencies issuing 
regulations implementing other provisions of the Additional Protocol 
include the Nuclear Regulatory Commission, the Department of Energy, 
and the Department of Defense.

DATES: Comments must be received by August 25, 2008.

ADDRESSES: You may submit comments, identified by RIN 0694-AD26, by any 
of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     E-mail: publiccomments@bis.doc.gov. Include ``RIN 0694-
AD26'' in the subject line of the message.
     Fax: (202) 482-3355. Please alert the Regulatory Policy 
Division, by calling (202) 482-2440, if you are faxing comments.
     Mail or Hand Delivery/Courier: Willard Fisher, U.S. 
Department of Commerce, Bureau of Industry and Security, Regulatory 
Policy Division, 14th St. & Pennsylvania Avenue, NW., Room 2705, 
Washington, DC 20230, Attn: RIN 0694-AD26.

FOR FURTHER INFORMATION CONTACT: For questions of a general or 
regulatory nature, contact the Regulatory Policy Division, telephone: 
(202) 482-2440. For program information on reports and complementary 
access, contact Jill Shepherd, Treaty Compliance Division, Office of 
Nonproliferation and Treaty Compliance, telephone: (202) 482-1001. For 
legal questions, contact Rochelle Woodard, Office of the Chief Counsel 
for Industry and Security, telephone: (202) 482-5301.

SUPPLEMENTARY INFORMATION:

Background

I. Origins and Overview of the Additional Protocol

    The requirement for a comprehensive international safeguards system 
to prevent the spread of nuclear weapons was first established by the 
Treaty on the Non-Proliferation of Nuclear Weapons (NPT). The NPT was 
signed by the United States on July 1, 1968, and entered into force on 
March 5, 1970. The treaty banned nuclear weapon states (NWS) from 
transferring nuclear weapons to non-nuclear weapon states (NNWS) or 
assisting NNWS in acquiring such weapons. It also banned NNWS from 
manufacturing or acquiring nuclear weapons and stipulated that each 
NNWS Party to the NPT would undertake to accept safeguards, as set 
forth in an agreement to be negotiated and concluded with the 
International Atomic Energy Agency (IAEA), which serves as the official 
international verification authority for the implementation of 
safeguards agreements concluded pursuant to the NPT. Although NWS, 
including the United States, are not obligated under the NPT to accept 
IAEA safeguards, all have voluntarily offered to accept safeguards on 
certain activities to encourage NNWS to meet their obligations. The 
IAEA completed formulation of detailed provisions for a model NPT 
Safeguards Agreement in 1971. The safeguards system, as embodied in the 
comprehensive safeguards agreements concluded between the IAEA and 
individual NNWS States Parties to the NPT, consists of nuclear material 
accountancy and nuclear material verification measures by which the 
IAEA independently verifies declarations made by individual States 
Parties about their nuclear material and activities to ensure that 
nuclear material inventories and flows have been accurately declared 
and are not being used to further any proscribed purpose.
    During deliberations on the NPT, several major industrialized 
nations expressed concern that the absence of requirements for IAEA 
safeguards in NWS would place NNWS at a commercial and industrial 
disadvantage in developing nuclear energy for peaceful purposes. 
Specifically, the NNWS were concerned that application of safeguards 
would interfere with the efficient operations of their commercial 
activities and would possibly compromise industrial and trade secrets 
as a result of access by IAEA inspectors to their facilities and 
records. In order to allay these concerns, the United States 
voluntarily offered in 1967 to permit the IAEA to apply safeguards to 
civil nuclear facilities in the United States. The U.S. ``Voluntary 
Offer'' is set forth in the ``Agreement Between the United States of 
America and the International Atomic Energy Agency for the Application 
of Safeguards in the United States of America'' (also known as the 
``U.S.-IAEA Safeguards Agreement''). Since then, the other four NWS 
recognized under the NPT (China, France, the Russian Federation, and 
the United Kingdom) also agreed to make all or part of their civil 
nuclear activities eligible for IAEA safeguards.
    The U.S.-IAEA Safeguards Agreement was signed on November 18, 1977, 
and entered into force on December 9, 1980. At that time, the United 
States submitted to the IAEA a list of more than 200 eligible 
facilities for which safeguards could be applied if selected by the 
IAEA. This list included facilities licensed by the U.S. Nuclear 
Regulatory Commission (NRC), as well as eligible Department of Energy 
facilities. The United States has added additional facilities to the 
eligible facilities list since that time. Under the U.S.-IAEA 
Safeguards Agreement, approximately eighteen facilities have been 
selected for safeguards inspection and/or monitoring since 1981.
    Although the U.S.-IAEA Safeguards Agreement is based on the model 
safeguards agreement developed by the

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IAEA, the terms of the U.S.-IAEA Safeguards Agreement and the 
obligations of NNWS parties to the NPT differ in several respects. 
First, the U.S.-IAEA Safeguards Agreement excludes nuclear facilities 
associated with activities of direct national security significance. 
Also, the United States decides which civil nuclear facilities are 
eligible for the full program of safeguards procedures (including 
routine inspections) and the IAEA decides which eligible facilities 
will be selected for the application of safeguards, although the IAEA 
need not select any. Furthermore, the United States has made separate 
commitments to provide to the IAEA, for safeguards purposes, 
information on exports of nuclear material and nuclear-related 
equipment and materials.
    In the aftermath of the 1991 Persian Gulf War, the IAEA determined 
that Iraq had been engaged in a clandestine nuclear weapons development 
program at locations not directly subject to routine IAEA safeguards 
inspections. The international community determined that the safeguards 
system needed to be strengthened, and negotiated a Model Additional 
Protocol to amend existing bilateral safeguards agreements (i.e., the 
``Model Protocol Additional to the Agreement(s) Between State(s) and 
the International Atomic Energy Agency for the Application of 
Safeguards,'' INFCIRC/540 (Corrected) September 1997). The Model 
Additional Protocol requires enhanced information collection and access 
to sites and other locations involved in nuclear fuel cycle-related 
activities and covers almost all of a state's nuclear fuel cycle, 
thereby providing IAEA inspectors with greater ability to detect 
clandestine nuclear activities in NNWS facilities, sites, and locations 
that are involved in nuclear fuel cycle activities. In an effort to 
encourage adoption of the Additional Protocol among NNWS, the United 
States signed the Additional Protocol on June 12, 1998. In the 
Additional Protocol, the United States accepts all of the measures of 
the Model Additional Protocol, except where their application would 
result in access by the IAEA to activities of direct national security 
significance to the United States or to locations or information 
associated with such activities. By subjecting itself to the same 
safeguards on all of its civil nuclear activities that NNWS are subject 
to (with the exception of those activities of direct national security 
significance), the United States intends to encourage widespread 
adherence to the Model Additional Protocol and demonstrate that 
adherence does not place other countries at a commercial disadvantage.
    The Additional Protocol will enter into force when the United 
States notifies the IAEA that the statutory and constitutional 
requirements for entry into force have been met. These requirements 
include: (1) Ratification, to which the Senate provided advice and 
consent with certain conditions and understandings on March 31, 2004; 
(2) enactment of implementing legislation, which was signed by the 
President on December 18, 2006 (The U.S. Additional Protocol 
Implementation Act of 2006 (Pub. L. 109-401, 120 Stat. 2726 (2006)); 
(3) issuance of an Executive Order, which was issued on February 5, 
2008; (4) issuance of agency regulations by the Departments of 
Commerce, Defense, and Energy, and by the Nuclear Regulatory Commission 
(DOC, DOD, DOE, and NRC); and (5) certification by the President that 
certain Senate conditions have been met. The United States' instrument 
of ratification may be deposited with the IAEA only after the President 
has certified that two Senate conditions, which address the application 
of the national security exclusion in Articles 1.b and 1.c of the 
Additional Protocol (i.e., managed access, security and counter-
intelligence training, and preparation at locations of direct national 
security significance) and the completion of site vulnerability 
assessments concerning activities, locations, and information of direct 
national security significance, will be met within 180 days after 
deposit of the United States' instrument of ratification.
    The Additional Protocol consists of the following articles and 
annexes:

Article 1: Relationship between the Additional Protocol and the 
U.S.-IAEA Safeguards Agreement
Articles 2 and 3: Provision of information
Articles 4 through 10: Complementary access
Article 11: Designation of IAEA inspectors
Article 12: Visas
Article 13: Subsidiary arrangements
Article 14: Communications systems
Article 15: Protection of confidential information
Article 16: Annexes
Article 17: Entry into force
Article 18: Definitions
Annex I: List of activities referred to in the Additional Protocol
Annex II: List of specified equipment and non-nuclear material for 
reporting of exports and imports

    The Additional Protocol requires the United States to declare to 
the IAEA a number of nuclear fuel cycle-related items, materials, and 
activities that may be used for peaceful nuclear purposes, but that 
also could be necessary elements for a nuclear weapons program. In 
order to obtain the information necessary to complete the U.S. 
declaration to the IAEA, the U.S. Government must collect reports from 
U.S. industry and other U.S. persons. U.S. declarations submitted under 
the Additional Protocol would provide the IAEA with information about 
additional aspects of the U.S. civil nuclear fuel cycle, including: 
mining and concentration of nuclear ores; nuclear-related equipment 
manufacturing, assembly, or construction; imports, exports, and other 
activities involving certain source material (i.e., source material 
that has not reached the composition and purity suitable for fuel 
fabrication or for being isotopically enriched); imports and exports of 
specified nuclear equipment and non-nuclear material; nuclear fuel 
cycle-related research and development activities not involving nuclear 
material; and other activities involving nuclear material not currently 
subject to the U.S.-IAEA Safeguards Agreement.
    Within 180 days after deposit of the United States' instrument of 
ratification of the Additional Protocol, the United States must submit 
to the IAEA a declaration containing information compiled from the 
Initial Reports submitted to BIS in accordance with the proposed 
requirements of Section 783.1(a) of the APR. Thereafter, by May 15th of 
each succeeding year, the United States must submit to the IAEA a 
declaration containing an annual update to the information contained in 
previous U.S. declarations to the IAEA. The U.S. annual declaration to 
the IAEA will contain information compiled, for the most part, from the 
Annual Update Reports submitted to BIS in accordance with the proposed 
requirements of Section 783.1(b) of the APR.
    The Additional Protocol provides that there shall be no mechanistic 
or systematic verification of information contained in the U.S. 
declaration (e.g., there is no provision for routine inspections). 
However, the United States would be required to provide the IAEA with 
access (referred to as ``complementary access'') to civil nuclear fuel 
cycle-related locations and activities, under certain circumstances, as 
defined in the Additional Protocol. Such access would be designed to 
ensure the absence of undeclared nuclear material and activities at 
declared sites where nuclear facilities or materials are located or to 
address a question about the completeness or correctness of the U.S. 
declaration or an inconsistency related to the information contained 
therein. In the latter instance, access generally would be requested 
only if a question or inconsistency in the U.S. declaration could not 
be

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resolved through consultation between the United States and the IAEA. 
The APR contain requirements administered by the Department of 
Commerce's Bureau of Industry and Security to implement the Additional 
Protocol. Additional U.S. obligations under the Additional Protocol are 
administered by other U.S. government agencies as designated by the 
President of the United States.
A. Part 781--General Information and Overview of the APR
    The Additional Protocol Regulations (15 CFR chapter VII, subchapter 
D), or APR, would implement certain obligations of the United States 
under the Additional Protocol. Part 781 contains definitions of terms 
used in the APR, describes the purpose and scope of the APR, and 
provides an overview of the activities regulated under the APR.
B. Part 782--General Information Regarding Reporting Requirements and 
Procedures
    The Additional Protocol augments the existing U.S.-IAEA Safeguards 
Agreement by requiring the United States to provide the IAEA with 
information on civil nuclear and nuclear-related items, materials, and 
activities not presently covered by the U.S.-IAEA Safeguards Agreement. 
The items, materials, and activities that must be declared include the 
following: mining and milling activities involving the production or 
processing of materials that could serve as feed material for the civil 
nuclear fuel cycle (i.e., uranium and thorium); nuclear-related 
equipment manufacturing; exports and imports of nuclear-related 
equipment and nuclear-related non-nuclear material; and civil nuclear 
fuel cycle-related research and development (R&D) activities not 
involving nuclear material. To enable the United States to collect the 
information necessary to prepare the U.S. declaration to the IAEA, BIS 
is publishing the APR to establish reporting requirements for U.S. 
industry and other U.S. persons concerning civil nuclear and nuclear-
related items, materials, and activities that must be declared under 
the Additional Protocol.
    Part 782 of the APR contains a brief overview of the reporting and 
compliance review requirements in the APR, identifies who is 
responsible for submitting the reports required under the APR, and 
provides information on how to determine which activities would be 
subject to the APR reporting requirements, including instructions on 
where and how to submit activity determination requests to BIS. Part 
782 also explains how to obtain the forms needed to submit reports 
required by the APR and where to submit the reports.
C. Part 783--Reporting Requirements for Nuclear Fuel Cycle-Related 
Activities Not Involving Nuclear Materials
    Part 783 contains a comprehensive description of the reporting 
requirements under the APR, including which activities must be 
reported, who must submit reports, the types of reports that must be 
submitted (e.g., Initial Report, Annual Update Report, Export Report, 
Import Confirmation Report, Supplemental Information Report--the latter 
would be submitted in response to BIS notification of an IAEA request 
for amplification or clarification of information), the types of 
changes that would require the submission of an Amended Report to BIS, 
when a No Changes Report may be submitted in lieu of an Annual Update 
Report, the APR forms required and the procedures that must be followed 
to prepare and submit these reports, and the deadlines for submitting 
these reports to BIS.
    Section 783.1(a) of the APR would establish initial reporting 
requirements under the APR. You must submit an Initial Report to BIS, 
no later than 30 calendar days following the date of publication of the 
rule that establishes the APR, if you are engaged in any of the civil 
nuclear fuel cycle-related activities described in Section 783.1(a) of 
the APR on the date of publication. In this instance, your Initial 
Report must describe only those activities in which you are engaged as 
of the date of publication, except that the description of activities 
involving uranium hard-rock mines must include any such mines that were 
closed down during the calendar year in which the rule establishing the 
APR was published (up to and including the date of publication) as well 
as mines that were in either operating or suspended status on the date 
of publication. The period of time covered by your Initial Report must 
include the calendar year in which the APR are promulgated (up to and 
including the date of publication).
    For any calendar year that follows the year in which the rule 
establishing the APR is published, you must submit an Initial Report to 
BIS if you commenced civil nuclear fuel cycle-related activities 
described in Section 783.1(a) of the APR at your location, during the 
previous calendar year, and have not previously reported such 
activities to BIS. You may include such activities in your Annual 
Update Report, in lieu of submitting a separate Initial Report, if you 
also have an Annual Update Report requirement for the same location 
that covers the same reporting period (Annual Update Report 
requirements are addressed in the discussion of Section 783.1(b), 
below).
    Section 783.1(a)(1) of the APR contains two separate reporting 
requirements that apply to civil nuclear fuel cycle-related research 
and development activities, as defined in Section 781.1 of the APR, 
that do not involve nuclear material. Section 783.1(a)(1)(i) of the APR 
describes the initial reporting requirement for any such civil 
activities that were funded, specifically authorized or controlled by, 
or carried out on behalf of, the United States. Section 783.1(a)(1)(ii) 
of the APR describes the initial reporting requirement for any such 
activities that were specifically related to civil enrichment, 
reprocessing of nuclear fuel, or the processing of intermediate or 
high-level waste containing plutonium, high enriched uranium or 
uranium-233 and that were not funded, specifically authorized or 
controlled by, or carried out on behalf of the United States. Reports 
on these activities must include a general activity description and 
location information. The provisions of Section 783.1(a)(1)(i) and 
(a)(1)(ii) are intended to address the information requirements 
described in Articles 2.a(i) and 2.b(i), respectively, of the 
Additional Protocol.
    Section 783.1(a)(2) of the APR describes the initial reporting 
requirement for civil nuclear-related manufacturing, assembly, and 
construction activities (e.g., the manufacture of centrifuge rotor 
tubes, diffusion barriers, zirconium tubes, nuclear grade graphite, and 
reactor control rods). The specific activities subject to this APR 
reporting requirement are listed in detail in Supplement No. 2 to Part 
783 of the APR, which corresponds to Annex I of the Additional 
Protocol. For these locations, the APR require a description of the 
scale of operations for each location engaged in any of the activities 
described in Supplement No. 2 to Part 783. This information need not be 
detailed, but should include the organization's name, location, a brief 
description of operations, and the estimated current annual production. 
The provisions of Section 783.1(a)(2) are intended to address the 
information requirements described in Article 2.a(iv) of the Additional 
Protocol.
    Section 783.1(a)(3) of the APR describes the initial reporting 
requirement for U.S. uranium hard-rock mining activities, consistent 
with information requirements described in Article 2.a(v) of the 
Additional Protocol.

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Uranium hard-rock mines are required to report to BIS their location, 
operational status, estimated annual production capacity, and current 
annual production. For Initial Reports submitted during the calendar 
year in which the APR are promulgated, this reporting requirement 
applies to any mines that were closed down during that calendar year 
(up to and including the date of publication of the APR), as well as 
mines in either operating or suspended status on the date that the rule 
establishing the APR is published. Mines that were closed down prior to 
the calendar year in which the APR are promulgated do not have a 
reporting obligation.
    Section 783.1(b) of the APR would establish annual reporting 
requirements under the APR. If you submit an Initial Report to BIS, in 
accordance with Section 783.1(a) of the APR, and your Initial Report 
does not indicate that all civil nuclear fuel cycle-related activities 
described therein have ceased at your location, Section 783.1(b) of the 
APR would require that you submit an Annual Update Report to BIS for 
each calendar year that follows the year covered by your Initial 
Report. This Annual Update Report requirement will continue to apply 
for as long as you engage in activities subject to the APR reporting 
requirements. If your location subsequently ceases to engage in 
activities subject to the APR reporting requirements, you would still 
be required to submit an Annual Update Report covering the calendar 
year in which you ceased to engage in such activities. Section 
783.1(b)(2) of the APR provides that a No Changes Report may be 
submitted, in lieu of an Annual Update Report, when there are no 
changes with respect to your location and civil nuclear fuel cycle-
related activities during the previous calendar year. If your Initial 
Report or most recent Annual Update Report indicates that all civil 
nuclear fuel cycle-related activities described therein have ceased at 
your location, and no other reportable activities have occurred during 
the previous calendar year, then you would not have a reporting 
requirement under Section 783.1(a) or (b) of the APR.
    Initial Reports describing reportable civil nuclear fuel cycle-
related activities identified in Section 783.1(a) of the APR would need 
to be submitted to BIS no later than 30 calendar days following the 
date of publication of the rule establishing the APR, if you are 
engaged in any such civil nuclear fuel cycle-related activities on the 
date of publication. Any such activities that commence after the date 
of publication of the rule establishing the APR must be reported to BIS 
no later than January 31 of the year following the calendar year in 
which the activities took place. If you are subject to an Annual Update 
Report requirement for the same location and covering the same 
reporting period, you may include these additional activities in your 
Annual Update Report, in lieu of submitting a separate Initial Report. 
Annual Update Reports must be submitted to BIS by January 31st of the 
year following any calendar year in which reportable fuel cycle-related 
activities took place. No Changes Reports must be submitted to BIS by 
January 31st of the year following any calendar year in which 
reportable nuclear fuel cycle-related activities took place.
    Section 783.1(c) and (d), respectively, of the APR describe the 
reporting requirements that would apply to exports and imports of 
equipment or non-nuclear material identified in Supplement No. 3 to 
Part 783 of the APR. The equipment and non-nuclear material in 
Supplement No. 3 are derived from the Zangger Committee Trigger List 
(IAEA INFCIRC/254/Rev.8/Part 1, Annex B)--the Trigger List defines 
goods specially designed for nuclear use that, along with nuclear-
related dual-use materials, equipment, software and related technology, 
are subject to export controls administered by member states of the 
Nuclear Suppliers Group (NSG). If you export any of the items listed in 
Supplement No. 3 to Part 783, you must submit an Export Report to BIS 
no later than 15 days following the end of the calendar quarter in 
which the items were exported--therefore, Export Reports must be 
submitted to BIS no later than January 15th, April 15th, July 15th, 
and/or October 15th each year. You will be notified by BIS if an Import 
Confirmation Report is required under the APR. BIS will provide such 
notification only upon receipt of a request from the IAEA for 
information to verify imports. For each import of equipment or non-
nuclear material listed in Supplement No. 3 to Part 783, you must 
submit an Import Confirmation Report to BIS no later than 30 calendar 
days following the date that you receive notification of this 
requirement. The provisions of Section 783.1(c) and (d) are intended to 
address the information requirements described in Article 2.a(ix)(b) of 
the Additional Protocol.
    Section 783.1(e) of the APR describes the requirements that would 
apply to a Supplemental Information Report. If the IAEA specifically 
requests amplification or clarification concerning any information 
provided in the U.S. declaration that is based on your report(s), BIS 
will send you written notification requiring that you report to BIS 
additional information concerning the activities that you previously 
reported and any other activities conducted at your location or 
building that would be relevant for the purpose of addressing the 
IAEA's request for amplification or clarification of information.
    Section 783.2 of the APR describes the circumstances under which an 
Amended Report would need to be submitted to BIS. Section 783.2(a) of 
the APR would require that an Amended Report be submitted to BIS no 
later than 30 calendar days following the date that you discover an 
error or omission in your most recent report that involves information 
concerning an activity subject to the reporting requirements in Section 
783.1(a) or (b) of the APR. Section 783.2(b) of the APR would require 
that an Amended Report be submitted to BIS no later than 30 calendar 
days after any changes to company and location information, such as the 
company's designated contact person (for reporting and complementary 
access purposes), the name or mailing address of the company, the 
owner/operator of the location, or the owner of the company. Section 
783.2(d) of the APR would require that an Amended Report be submitted 
to BIS no later than 30 calendar days following the date that you 
received written notification from BIS to provide information requested 
by the IAEA following complementary access to the location.
D. Part 784--Complementary Access
    Part 784 of the APR describes the purpose of complementary access 
by the IAEA and identifies the types of locations that may be subject 
to complementary access under the APR. Any location that would be 
required to submit an Initial Report, Annual Update Report, or No 
Changes Report to BIS, pursuant to Part 783 of the APR, is a reportable 
location and may be subject to complementary access by the IAEA. The 
fact that a location would be required to submit a report to BIS does 
not automatically trigger complementary access by the IAEA, although it 
may provide the basis for complementary access. Information that has 
been reported to BIS and included in the U.S. declaration will be 
analyzed by the IAEA before the IAEA makes a decision on whether or not 
to request complementary access to a particular location. In addition 
to providing the IAEA with complementary access to reportable 
locations, Part 784 of the APR

[[Page 43572]]

provides that other locations specified by the IAEA may be subject to 
complementary access.
    The specific purpose of complementary access will be location 
dependent. In the case of uranium hard-rock mine locations, the purpose 
of complementary access is limited to enabling the IAEA to verify, on a 
selective basis, the absence of undeclared nuclear material and nuclear 
related activities. For all other locations subject to the APR (e.g., 
locations involved in reportable civil nuclear fuel cycle-related 
research and development or manufacturing activities, other locations 
specified by the IAEA), the purpose of complementary access is limited 
to allowing the IAEA to resolve questions relating to the correctness 
and completeness of the information provided in the U.S. declaration or 
to resolve inconsistencies relating to that information. Complementary 
access normally will not be scheduled for the latter type of location 
until after the IAEA has provided the United States with an opportunity 
to clarify or resolve the question or inconsistency in the U.S. 
declaration.
    Part 784 of the APR defines the role of BIS in notifying locations 
that will be subject to complementary access and acting as host to the 
IAEA Team during complementary access. A BIS Host team (augmented by 
other agency representatives, as appropriate) will accompany the IAEA 
inspectors during their activities at the location. In addition, a BIS 
Advance Team, upon receiving advance notice from the IAEA of 
complementary access, may deploy to the location to assist in preparing 
personnel and implementing appropriate measures to protect confidential 
business and other critical information.
    Part 784 also provides specific information on the scope and 
conduct of complementary access, such as the kinds of activities that 
may be carried out by the IAEA Team (e.g., the circumstances under 
which the IAEA Team will be granted physical access to records and 
visual access to facilities). In addition, Part 784 describes the 
circumstances under which the Host Team will implement managed access 
measures during IAEA complementary access. Managed access will protect 
activities of direct national security significance to the United 
States, as well as locations or information associated with such 
activities. It is also designed to prevent the dissemination of 
proliferation sensitive information, to meet safety or physical 
protection requirements, and to protect proprietary or commercially 
sensitive information.
E. Part 785--Enforcement
    Part 785 contains definitions of enforcement-related terms and 
describes the scope of the enforcement activities that would be 
authorized under the APR, including the types of violations subject to 
the APR, administrative and criminal proceedings, hearings, 
representation, paperwork, summary decisions, discovery, subpoenas, 
matters protected against disclosure, procedural stipulations, 
extensions, post-hearing submissions, decisions, settlements, payment 
of assessments, and how to report a violation.
F. Part 786--Records and Recordkeeping
    Part 786 describes the APR recordkeeping requirements, including 
the types of records that would need to be retained, required retention 
periods, acceptable media for record storage, records inspection 
procedures, accessibility of records, and disposal of records.
G. Part 787--Interpretations
    Part 787 is reserved for future interpretations of parts 781 
through 786 of the APR and also for Subsidiary Arrangements to the 
Additional Protocol.

Rulemaking Requirements

    1. This proposed rule has been determined to be significant for 
purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to, nor shall any person be subject to a penalty for failure 
to comply with a collection of information, subject to the Paperwork 
Reduction Act (PRA), unless that collection of information displays a 
currently valid OMB Control Number. This rule proposes a collection of 
information subject to the requirements of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.). The information collection contained 
in this proposed rule is part of a joint information collection by the 
Bureau of Industry and Security (BIS) of the Department of Commerce 
(DOC), in accordance with the proposed Additional Protocol Regulations 
(APR) (15 CFR parts 781-799), and the Nuclear Regulatory Commission 
(NRC), in accordance with amendments to its regulations in 10 CFR part 
75 and 10 CFR part 110. BIS has submitted this proposed collection to 
the Office of Management and Budget for approval. A total of 
approximately 129 respondents are expected to be subject to the 
information collection requirements set forth in these BIS and NRC 
rules. These information collection requirements are expected to 
involve an estimated 3,357 total burden hours per annum at a total 
estimated cost of $139,142 per annum. The estimated total burden hours 
per annum include the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information.
    Public comment is sought regarding: Whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments 
regarding this burden estimate or any other aspects of this collection 
of information, including suggestions for reducing the burden, to David 
Rostker, Office of Management and Budget (OMB), by e-mail to David_
Rostker@omb.eop.gov or by fax to (202) 395-7285, and to Willard Fisher, 
Regulatory Policy Division, Bureau of Industry and Security, Department 
of Commerce, as indicated in the ADDRESSES section of this rule.
    The DOC's Office of Strategic Industries and Economic Security 
(SIES) conducted a study in order to obtain an estimate of the number 
of U.S. companies, organizations, and other U.S. persons that would be 
subject to reporting requirements under the BIS and NRC rules. This 
study, along with reviews conducted by the NRC on activities conducted 
by its licensees, indicated that potentially 119 locations and 10 sites 
at International Atomic Energy Agency (IAEA) Selected Facilities from 
the U.S. Eligible Facilities List licensed by the NRC (an estimated 
total of 129 respondents) would have reporting requirements pursuant to 
DOC and NRC regulations under the Additional Protocol.
    The information collection requirements in the BIS and/or NRC rules 
consist of the following activities: (1) Additional Protocol (AP)-
related reporting activities (e.g., activities involving the completion 
and submission of AP-related reports using forms contained in handbooks 
described below), (2) complementary access activities (e.g., activities 
involving IAEA inspection team access to locations and sites subject to 
AP-related reporting requirements), and (3) compliance review 
activities (e.g., activities involving BIS requests for information

[[Page 43573]]

from persons and locations subject to the APR to determine compliance 
with APR reporting and recordkeeping requirements).
    The estimated information collection burden associated with the 
proposed AP-related reporting activities is expected to total 2,161 
burden hours per year, at a total cost to respondents of $96,467 per 
annum, as follows: 2,161 burden hours x $37.20/hour (employee salaries) 
x 1.2 (20% overhead) = $96,467 estimated annual cost.
    The estimated information collection burden associated with the 
proposed complementary access activities is expected to total 1,153 
burden hours per year, at a total cost to respondents of $32,070 per 
annum, as follows: First, 576.33 (burden hours per complementary 
access) x 2 (locations per calendar year) = 1,153 total burden hours 
and, second, $16,035 (estimated cost per complementary access) x 2 
(locations per calendar year) = $32,070 estimated annual cost.
    The estimated information collection burden associated with the 
proposed compliance review activities is expected to total 43 burden 
hours per year, at a total cost to respondents of $1,897 per annum, as 
follows: 42.5 burden hours x $37.20/hour (employee salaries) x 1.2 (20% 
overhead) = $1,897.20 annual estimated cost.
    In addition, this proposed rule contains a recordkeeping 
requirement of 3 years, which would involve a total estimated 
recordkeeping cost of $8,707.50 per annum, as follows: 1.5 square feet 
(average office space occupied by storage cabinet containing AP-related 
records) x $45/square foot (average cost of office space utilized for 
storage) x 129 reports (estimated number of locations required to 
submit AP-related reports) = $8,707.50 annual estimated cost.
    Based on the estimates provided above, the annual burden hours of 
this information collection are expected to total 3,357 burden hours, 
as follows: 2,161 (estimated annual burden hours for AP-related 
reporting activities) + 1,153 (estimated annual burden hours for 
complementary access activities) + 43 (estimated annual burden hours 
for compliance review activities) = 3,357 total estimated annual burden 
hours for all AP-related information collection activities. (Note: The 
AP-related recordkeeping burden estimate is based upon cost of storage 
space rather than burden hours.)
    Based on the estimates provided above, the annual cost of this 
information collection is expected to total $139,142, as follows: 
$96,467 (estimated annual cost for AP-related reporting activities) + 
$32,070 (estimated annual cost for complementary access activities) + 
$1,897.20 (estimated annual cost for compliance review activities) + 
$8,707.50 (estimated annual cost of AP-related recordkeeping 
requirements) = $139,142 total estimated annual cost for all AP-related 
information collection activities.
    The AP requires the United States to declare to the IAEA a number 
of commercial nuclear and nuclear-related items, materials, and 
activities that may be used for peaceful nuclear purposes, but that 
also would be necessary elements for a nuclear weapons program. 
Executive Order (E.O.) 13458 of February 5, 2008, designates the DOC as 
the lead agency responsible for collecting data required under the AP 
from the commercial nuclear industry and other U.S. persons, except for 
data involving activities or locations subject to the licensing 
jurisdiction of the NRC. The E.O. designates the NRC as the lead agency 
responsible for collecting data required under the AP from those 
persons, locations, and sites subject to its licensing jurisdiction. In 
addition, National Security Policy Directive 57 (February 4, 2008) 
designated DOC as the lead agency responsible for managing the 
collection and aggregation of all data reported to the U.S. Government 
for the purpose of preparing the U.S. AP declaration for submission to 
the IAEA.
    BIS has developed two separate handbooks (one for locations and the 
other for sites of IAEA-selected facilities) that will provide guidance 
on how to complete and submit the forms required under the APR. These 
handbooks identify the specific forms that must be included in each 
type of report package that must be submitted to BIS or the NRC. The 
specific forms in each handbook are identified below.

        List of Forms Contained in Report Handbook for Locations
------------------------------------------------------------------------
                                    Description of information collected
               Form                                on form
------------------------------------------------------------------------
AP-1..............................  Certification.
AP-2..............................  Contact Information.
AP-3..............................  Research and Development with U.S.
                                     Government (USG) Involvement.
AP-4..............................  Research and Development without
                                     U.S. Government Involvement.
AP-5..............................  Nuclear-related manufacturing,
                                     assembly and construction
                                     activities.
AP-6..............................  Information on uranium hard rock
                                     mines.
AP-7..............................  Information on concentration plants.
AP-8..............................  Holdings of impure source materials.
AP-9..............................  Imports and exports of impure source
                                     materials.
AP-10.............................  Holdings of safeguards-exempted
                                     materials.
AP-11.............................  Location of safeguards-terminated
                                     materials.
AP-12.............................  Processing of safeguards-terminated
                                     waste materials.
AP-13.............................  Exports of specified equipment and
                                     non-nuclear material.
AP-14.............................  Imports of specified equipment and
                                     non-nuclear material.
AP-15.............................  Supplemental information report.
AP-16.............................  Continuation.
AP-17.............................  No Changes Report.
------------------------------------------------------------------------


          List of Forms Contained in Report Handbook for Sites
------------------------------------------------------------------------
                                             Description of information
                   Form                           collected on form
------------------------------------------------------------------------
AP-A......................................  Certification.
AP-B......................................  Contact Information.
AP-C......................................  Building information.
AP-D......................................  Research and Development
                                             with U.S. Government
                                             Involvement.
AP-E......................................  Research and Development
                                             without U.S. Government
                                             Involvement.
AP-F......................................  Nuclear-related
                                             manufacturing, assembly and
                                             construction activities.
AP-G......................................  Information on concentration
                                             plants.
AP-H......................................  Holdings of impure source
                                             materials.
AP-I......................................  Imports and exports of
                                             impure source materials.
AP-J......................................  Holdings of safeguards-
                                             exempted materials.
AP-K......................................  Location of safeguards-
                                             terminated materials.
AP-L......................................  Processing of safeguards-
                                             terminated waste materials.
AP-M......................................  Exports of specified
                                             equipment and non-nuclear
                                             material.
AP-N......................................  Imports of specified
                                             equipment and non-nuclear
                                             material.
AP-O......................................  Supplemental information
                                             report.
AP-P......................................  Continuation.
AP-Q......................................  No Changes Report.
------------------------------------------------------------------------

    3. This rule does not contain policies with Federalism implications 
as that

[[Page 43574]]

term is defined in Executive Order 13132.
    4. The Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 
601 et seq., generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to the notice and comment 
rulemaking requirements under the Administrative Procedure Act (5 
U.S.C. 553) or any other statute, unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Under section 605(b) of the RFA, however, if 
the head of an agency certifies that a rule will not have a significant 
economic impact on a substantial number of small entities, the statute 
does not require the agency to prepare a regulatory flexibility 
analysis. Pursuant to section 605(b), the Chief Counsel for 
Regulations, Department of Commerce, certified to the Chief Counsel for 
Advocacy, Small Business Administration, that this proposed rule, if 
promulgated, will not have a significant economic impact on a 
substantial number of small entities for the reasons explained below. 
Consequently, BIS has not prepared a regulatory flexibility analysis.
    Small entities include small businesses, small organizations and 
small governmental jurisdictions. For purposes of assessing the impacts 
of this proposed rule on small entities, small entity is defined as: 
(1) A small business according to RFA default definitions for small 
business (based on SBA size standards), (2) a small governmental 
jurisdiction that is a government of a city, county, town, school 
district or special district with a population of less than 50,000, and 
(3) a small organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field. BIS 
has determined that this final rule would affect only the first and 
third categories of small entities (i.e., small businesses and small 
organizations).
    The DOC's Office of Strategic Industries and Economic Security 
(SIES) conducted a study to obtain an estimate of the number of U.S. 
businesses, organizations, and other U.S. persons that would be subject 
to the information collection and recordkeeping requirements that BIS 
and the NRC would have to establish in order to meet U.S. obligations 
under the AP. This study, along with reviews conducted by the NRC on 
activities conducted by its licensees, indicated that potentially 119 
locations and 10 sites at IAEA-Selected Facilities from the U.S. 
Eligible Facilities List licensed by the NRC (an estimated total of 129 
respondents) would have reporting requirements pursuant to DOC and NRC 
regulations under the AP. The study indicated that the majority of the 
businesses or organizations most likely to be impacted by the entry-
into-force of the AP would fall into the following categories: (1) 
Colleges and universities, (2) nuclear fuel manufacturers and utility 
companies, (3) mining and milling companies, and (4) corporate entities 
and contractors involved in research and development, manufacturing, 
assembly and construction activities. Although BIS estimates that the 
majority of these businesses and organizations are substantially sized 
entities, having more than 500 employees, BIS does not have sufficient 
information on these businesses and organizations to definitively 
characterize them as large entities.
    The Small Business Administration (SBA) has established standards 
for what constitutes a small business, with respect to each of the 
Standard Industrial Classification (SIC) code categories. For example, 
a business in the uranium mining industry (NAICS Code: 212291, SIC 
Code: 1094) is considered by SBA to be a small business if it is 
independently owned and operated and not dominant in its field of 
operation and it employs 500 or fewer persons on a full-time basis, 
part-time, temporary, or other basis. The Mine Safety and Health 
Administration (MSHA) estimates that approximately 99.8% of the metal/
non-metal mining industry would qualify as small businesses. However, 
many of the uranium mining and milling entities in the United States 
appear to be subsidiaries of large companies and BIS estimates that 
most of the small entities likely to be impacted by the entry-into-
force of the AP will fall within the other categories of businesses and 
organizations identified in the SIES survey. In addition, BIS is not 
able to determine which SIC code categories apply to the other 
categories of businesses or organizations that are likely to be 
impacted by the entry-into-force of the AP. Therefore, for the purpose 
of assessing the impact of this proposed rule, BIS assumes that all of 
the 129 businesses and organizations likely to be affected are small 
entities.
    Although this proposed rule, if promulgated, would affect a 
substantial number of small entities (i.e., 129 businesses and 
organizations), the reporting, on-site verification (i.e., 
complementary access), compliance review, and recordkeeping 
requirements that would be imposed by this rule would not have a 
significant economic impact on these entities.
    First, this rule proposes to establish reporting requirements in 
Part 783 of the APR that would require U.S. industry and U.S. persons 
to submit data needed to prepare U.S. declarations to the IAEA in 
accordance with U.S. obligations under the AP. The U.S. declarations 
submitted under the AP would provide the IAEA with information about 
additional aspects of the U.S. civil nuclear fuel cycle, including the 
following: mining and concentration of nuclear ores; nuclear-related 
equipment manufacturing, assembly, or construction; imports, exports, 
and other activities involving certain source material (i.e., source 
material that has not reached the composition and purity suitable for 
fuel fabrication or for being isotopically enriched); imports and 
exports of specified nuclear equipment and non-nuclear material; 
nuclear fuel cycle-related research and development activities not 
involving nuclear material; and other activities involving nuclear 
material not currently subject to the U.S.-IAEA Safeguards Agreement. 
The total estimated annual burden hours for these proposed reporting 
requirements would be 2,161 hours and the total estimated annual cost 
would be $96,467, or $747.81 per respondent.
    Second, this rule proposes to establish on-site verification (i.e., 
complementary access) requirements in Part 784 of the APR. Any location 
that would be required to submit an Initial Report, Annual Update 
Report, or No Changes Report to BIS, pursuant to Part 783 of the APR, 
would be treated as a reportable location under the APR and, as such, 
might be subject to complementary access by the IAEA. The fact that a 
location would be required to submit a report to BIS would not 
automatically trigger complementary access by the IAEA, although it 
might provide the basis for complementary access. Information reported 
to BIS and included in the U.S. declaration would be analyzed by the 
IAEA before the IAEA would decide whether or not to request 
complementary access to a particular location. In addition to providing 
the IAEA with complementary access to reportable locations, Part 784 of 
the APR would provide that other locations specified by the IAEA might 
be subject to complementary access. The specific purpose of 
complementary access would be location dependent. Complementary access 
to uranium hard-rock mine locations would be limited to enabling the 
IAEA to verify, on a selective basis, the absence of

[[Page 43575]]

undeclared nuclear material and nuclear related activities. For all 
other locations subject to the APR, the purpose of complementary access 
would be limited to allowing the IAEA to resolve questions relating to 
the correctness and completeness of the information provided in the 
U.S. declaration or to resolve inconsistencies relating to that 
information. The total estimated annual burden hours for these proposed 
complementary access requirements would be 1,153 hours and the total 
estimated annual cost would be $32,070, or $248 per respondent.
    Third, this rule proposes to establish compliance review 
requirements in Section 782.3 of the APR that would authorize BIS to 
request information, periodically, from persons and locations subject 
to the APR to determine compliance with the APR reporting and 
recordkeeping requirements. Information requested may relate to nuclear 
fuel cycle research and development activities not involving nuclear 
material, nuclear-related manufacturing, assembly or construction 
activities, or uranium hard-rock mining activities as described in Part 
783 of the APR. Any person or location subject to the APR and receiving 
such a request for information would be required to submit a response 
to BIS within 30 calendar days of receipt of the request. The total 
estimated annual burden hours for these proposed compliance review 
requirements would be 43 hours and the total estimated annual cost 
would be $1,897.20, or $14.70 per respondent.
    Fourth, this rule proposes to establish recordkeeping provisions in 
Part 786 of the APR in accordance with which each person or location 
required to submit a report or correspondence under Parts 782 through 
784 of the APR would have to retain all supporting materials and 
documentation used to prepare the report or correspondence. All such 
supporting materials and documentation would have to be retained by the 
person or location for three years from the due date of the applicable 
report or for three years from the date of submission of the applicable 
report, whichever would be later. Upon request by BIS, the person or 
location also would be required to permit access to and copying of any 
records related to compliance with the requirements of the APR. The 
total estimated annual cost for these proposed APR recordkeeping 
requirements would be $8,707.50. (Note: Since the AP-related 
recordkeeping burden estimate is based upon the cost of storage space 
rather than the number of burden hours, this estimate does not include 
the total annual burden hours associated with the APR recordkeeping 
requirements.)
    The total estimated annual burden hours required to implement the 
reporting, complementary access, compliance review, and recordkeeping 
requirements described above would be 3,357 burden hours and the total 
estimated annual cost would be $139,142. Although the primary impact of 
these new requirements would affect a substantial number of small 
entities (i.e., 129 businesses and organizations), the total economic 
impact on the affected entities (i.e., $139,142, per annum, for all of 
the affected entities) would not be significant. The average impact per 
entity would be $1,079 (i.e., $139,142 / 129) per annum, which 
represents a small percentage of the net annual revenue of a typical 
small business. Since the requirements that this rule proposes to 
establish would not impose a significant economic impact on a 
substantial number of small entities, BIS did not prepare a regulatory 
flexibility analysis for this rule.
    Finally, the changes proposed by this rule should be viewed in 
light of the fact that BIS's discretion in formulating the reporting, 
complementary access, compliance review, and recordkeeping requirements 
of the APR is limited by the necessity of meeting U.S. obligations 
under the AP. The AP specifies the information that the United States 
must declare to the IAEA. In drafting the requirements and the forms 
for U.S. locations and U.S. persons to use, BIS has attempted to 
minimize the recordkeeping and reporting burden to ensure that only 
information that the United States must declare to the IAEA would have 
to be submitted to BIS.

List of Subjects

15 CFR Part 781

    Nuclear fuel cycle-related activities, Imports, Treaties.

15 CFR Part 782

    Nuclear fuel cycle-related activities, Reporting and recordkeeping 
requirements.

15 CFR Part 783

    Nuclear fuel cycle-related activities, Exports, Imports, Reporting 
and recordkeeping requirements.

15 CFR Part 784

    Nuclear fuel cycle-related activities, Imports, Reporting and 
recordkeeping requirements.

15 CFR Part 785

    Enforcement.

15 CFR Part 786

    Reporting and recordkeeping requirements.

    Accordingly, in 15 CFR Chapter VII, new Subchapter D, titled 
``Additional Protocol Regulations'' and consisting of Parts 781 through 
799, is proposed to be added to read as follows:

Subchapter D--Additional Protocol Regulations

PART 781--GENERAL INFORMATION AND OVERVIEW OF THE ADDITIONAL 
PROTOCOL REGULATIONS (APR)

Sec.
781.1 Definitions of terms used in the Additional Protocol 
Regulations (APR).
781.2 Purposes of the Additional Protocol and APR.
781.3 Scope of the APR.
781.4 U.S. Government requests for information needed to satisfy the 
requirements of the APR or the Act.
781.5 Authority.

    Authority: Public Law 109-401, 120 Stat. 2726 (December 18, 
2006); Executive Order 13458 (February 4, 2008).


Sec.  781.1  Definitions of terms used in the Additional Protocol 
Regulations (APR).

    The following are definitions of terms used in parts 781 through 
799 of this subchapter (collectively known as the APR), unless 
otherwise noted:
    Access Point of Contact (A-POC). The individual at a location who 
will be notified by BIS immediately upon receipt of an IAEA request for 
complementary access to a location. BIS must be able to contact either 
the A-POC or alternate A-POC on a 24-hour basis. All interactions with 
the location for permitting and planning an IAEA complementary access 
will be conducted through the A-POC or the alternate A-POC, if the A-
POC is unavailable.
    Act (The). The United States Additional Protocol Implementation Act 
of 2006 (Pub. L. 109-401).
    Additional Protocol. The Protocol Additional to the Agreement 
between the United States of America and the International Atomic 
Energy Agency for the Application of Safeguards in the United States of 
America, with Annexes, signed at Vienna on June 12, 1998 (T. Doc. 107-
097), known as the Additional Protocol.
    Additional Protocol Regulations (APR). Those regulations contained 
in 15 CFR parts 781 to 799 that were promulgated by the Department of 
Commerce to implement and enforce the Additional Protocol.
    Agreement State. Any State of the United States with which the U.S. 
Nuclear Regulatory Commission (NRC)

[[Page 43576]]

has entered into an effective agreement under Subsection 274b of the 
Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.).
    Beneficiation. The concentration of nuclear ores through physical 
or any other non-chemical methods.
    Bureau of Industry and Security (BIS). The Bureau of Industry and 
Security of the United States Department of Commerce, including Export 
Administration and Export Enforcement.
    Complementary Access. The exercise of the IAEA's access rights as 
set forth in Articles 4 to 6 of the Additional Protocol (see part 784 
of the APR for requirements concerning the scope and conduct of 
complementary access).
    Complementary Access Notification. A written announcement issued by 
BIS to a person who is subject to the APR (e.g., the owner, operator, 
occupant, or agent in charge of a location that is subject to the APR 
as specified in Sec.  781.3(a) of the APR) that informs this person 
about an impending complementary access in accordance with the 
requirements of Part 784 of the APR.
    Host Team. The U.S. Government team that accompanies the 
International Atomic Energy Agency (IAEA) inspectors during 
complementary access, as provided for in the Additional Protocol and 
conducted in accordance with the provisions of the APR.
    Host Team Leader. The representative from the Department of 
Commerce who leads the Host Team during complementary access.
    International Atomic Energy Agency (IAEA). The United Nations 
organization, headquartered in Vienna, Austria, that serves as the 
official international verification authority for the implementation of 
safeguards agreements concluded pursuant to the Treaty on the Non-
Proliferation of Nuclear Weapons (NPT).
    ITAR. The International Traffic in Arms Regulations (22 CFR parts 
120-130), which are administered by the Directorate of Defense Trade 
Controls, U.S. Department of State.
    Location. Any geographical point or area declared or identified by 
the United States or specified by the IAEA (see ``location specified by 
the IAEA,'' as defined in this section).
    Location-specific environmental sampling. The collection of 
environmental samples (e.g., air, water, vegetation, soil, smears) at, 
and in the immediate vicinity of, a location specified by the IAEA for 
the purpose of assisting the IAEA to draw conclusions about the absence 
of undeclared nuclear material or nuclear activities at the specified 
location.
    Location-specific subsidiary arrangement. An agreement that sets 
forth procedures, which have been mutually agreed upon by the United 
States and the IAEA, for conducting complementary access at a specific 
reportable location. (Also see definition of ``subsidiary arrangement'' 
in this section.)
    Location specified by the IAEA. A location that is selected by the 
IAEA to:
    (1) Verify the absence of undeclared nuclear material or nuclear 
activities; or
    (2) Obtain information that the IAEA needs to amplify or clarify 
information contained in the U.S. declaration.
    Managed access. Procedures implemented by the Host Team during 
complementary access to prevent