Proposed Subsequent Arrangement, 76600-76603 [2013-30080]
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Federal Register / Vol. 78, No. 243 / Wednesday, December 18, 2013 / Notices
planning, managing, and
implementation of DOE’s nuclear energy
program.
Additionally, the renewal of the
NEAC has been determined to be
essential to conduct business of the
Department of Energy and to be in the
public interest in connection with the
performance of duties imposed upon the
Department of Energy, by law and
agreement. The Committee will
continue to operate in accordance with
the provisions of the Federal Advisory
Committee Act, adhering to the rules
and regulations in implementation of
that Act.
FOR FURTHER INFORMATION CONTACT:
Robert Rova, Designated Federal Officer
at (301) 903–9096.
Issued at Washington, DC, on December 12,
2013.
Carol A. Matthews,
Committee Management Officer.
[FR Doc. 2013–30079 Filed 12–17–13; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Proposed Subsequent Arrangement
Office of Nonproliferation and
International Security, Department of
Energy.
ACTION: Proposed Subsequent
Arrangement.
AGENCY:
The Department is providing
notice of a proposed agreement between
the Government of the United States of
America and the Government of the
People’s Republic of China that is being
processed as a subsequent arrangement.
DATES: This subsequent arrangement
will take effect no sooner than January
2, 2014.
FOR FURTHER INFORMATION CONTACT: Ms.
Katie Strangis, Office of
Nonproliferation and International
Security, National Nuclear Security
Administration, Department of Energy.
Telephone: 202–586–8623 or email:
Katie.Strangis@nnsa.doe.gov.
SUPPLEMENTARY INFORMATION: The
agreement that is being processed as a
subsequent arrangement is a proposed
Implementing Arrangement Between the
Government of the United States of
America and the Government of the
People’s Republic of China Under the
Agreement for Cooperation Between the
Government of the United States of
America and the Government of the
People’s Republic of China Concerning
Peaceful Uses of Nuclear Energy (the
Implementing Arrangement). The text of
the Implementing Arrangement is
appended at the end of this notice. The
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SUMMARY:
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Implementing Arrangement will permit
the exchange and joint development of
Traveling Wave Reactor (TWR) design
information and related technology
between the United States and the
People’s Republic of China (China), in
accordance with section 57.b(1) of the
Atomic Energy Act of 1954, as amended
(AEA). Section 57(b) states that persons
seeking to export nuclear technology or
assistance from the United States, the
Secretary of Energy must find that the
transfer is not inimical to the interests
of the United States. Authorized U.S.
persons pursuant to this Implementing
Arrangement will fulfill this
requirement by seeking the relevant
license, codified in 10 CFR part 810,
from the Department of Energy.
At the request of U.S. industry and
the Chinese government, the
Department of Energy/National Nuclear
Security Administration (DOE/NNSA)
and Department of State (DOS)
negotiated an agreement with agencies
of the Government of the People’s
Republic of China (China) that would
facilitate the joint development of TWR
technology between a U.S. commercial
entity and a Chinese governmental
entity engaged in similar technology
development. DOE/NNSA and DOS
negotiated the agreement as an
implementing arrangement under the
Agreement for Cooperation Between the
Government of the United States of
America and the Government of the
People’s Republic of China Concerning
Peaceful Uses of Nuclear Energy of [July
23, 1985] (123 Agreement) to cover the
joint TWR work and permit the transfer
of technology from the United States to
China. The agencies of the Chinese
government involved in the negotiations
were the National Energy
Administration (NEA), the China
Atomic Energy Authority (CAEA), and
the Ministry of Foreign Affairs (MFA).
The Implementing Arrangement
establishes the scope of cooperation and
allows both governments to designate
individuals and entities, including in
the commercial sector, as ‘‘Authorized
Persons’’ who are permitted to exchange
and develop information and
technology, subject to the conditions
and restrictions set out in the
Implementing Arrangement.
As provided in Section 131a. of the
Atomic Energy Act of 1954, as amended,
I have determined that this subsequent
arrangement will not be inimical to the
common defense and security of the
United States. In reaching this
determination, all relevant factors were
considered.
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Issued in Washington, DC, on December 9,
2013.
Richard Goorevich,
Senior Policy Advisor, Office of
Nonproliferation and International Security,
National Nuclear Security Administration.
IMPLEMENTING ARRANGEMENT
BETWEEN THE GOVERNMENT OF THE
UNITED STATES OF AMERICA AND THE
GOVERNMENT OF THE PEOPLE’S
REPUBLIC OF CHINA UNDER THE
AGREEMENT FOR COOPERATION
BETWEEN THE GOVERNMENT OF THE
UNITED STATES OF AMERICA AND THE
GOVERNMENT OF THE PEOPLE’S
REPUBLIC OF CHINA CONCERNING
PEACEFUL USES OF NUCLEAR ENERGY
The Government of the United States of
America and the Government of the People’s
Republic of China (hereinafter referred to as
the ‘‘Parties’’),
RECOGNIZING that the United States of
America and the People’s Republic of China
are parties to the Treaty on the NonProliferation of Nuclear Weapons, done at
Washington, London and Moscow July 1,
1968;
NOTING the Agreement for Cooperation
Between the Government of the United States
of America and the Government of the
People’s Republic of China Concerning
Peaceful Uses of Nuclear Energy signed on
July 23, 1985 (hereinafter referred to as the
‘‘Agreement for Cooperation’’);
NOTING the Exchange of Diplomatic Notes
between the Parties on September 12, 2003,
regarding their understanding concerning
assurances for transfers of nuclear
technology, and the Statement of Intent
between the Department of Energy of the
United States of America and the China
Atomic Energy Authority on exchange of
assurances for transfers of nuclear technology
of September 16, 2003;
ACKNOWLEDGING the need to develop an
appropriate mix of environmentally safe and
secure sources of energy, including nuclear,
to meet the needs of their respective
countries’ populations;
NOTING the shared commitment of the
Parties to preventing nuclear proliferation;
EMPHASIZING the critical role of
international safeguards in promoting
international confidence in the peaceful uses
of nuclear energy;
ACKNOWLEDGING their shared wish to
facilitate research and development on
relevant topics related to the peaceful uses of
nuclear energy;
RECOGNIZING that research and
development of traveling wave reactor
(‘‘TWR’’) technology is ongoing in both the
United States and the People’s Republic of
China and that the significant physical and
intellectual investment in infrastructure
required to support TWR development need
not be duplicated by each Party, but rather
can be shared and harmonized in an efficient
and equitable fashion;
REALIZING that the successful
development of traveling wave reactors for
the production of power for peaceful
purposes would contribute significantly to
the peaceful uses of nuclear power
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worldwide, non-proliferation, and the
sustainable development of nuclear power;
WISHING to facilitate cooperation in the
development and deployment of TWR
technology;
NOTING that Article 3 of the Agreement
for Cooperation provides that information
and technology concerning the use of nuclear
energy for peaceful purposes may be
transferred, and Article 2, paragraph 2 of the
Agreement for Cooperation provides that
transfer of information and technology under
the Agreement for Cooperation may be
undertaken directly between the parties to
that agreement or through authorized
persons, subject to the terms of the
Agreement for Cooperation and to such
additional terms and conditions as may be
agreed by the parties thereto; and
WISHING to provide for such additional
terms and conditions for cooperation by the
Parties and their authorized persons in the
development and deployment of TWR
technology in support of cooperative efforts
to develop TWRs,
Have agreed as follows:
ARTICLE I
1. The Parties acknowledge their mutual
interest in facilitating cooperation between
their countries in the development of TWR
technology on the basis of mutual benefit,
equality and reciprocity, and shall endeavor
to take steps to facilitate such cooperation,
without prejudice to the rights and
obligations of the Parties under this
Implementing Arrangement and the
Agreement for Cooperation.
2. Each Party shall endeavor not to take
any action for the purpose of interfering with
the development and deployment of TWR
technology for peaceful purposes in
accordance with the Agreement for
Cooperation.
3. The Parties agree that, in fulfilling their
obligations under this Implementing
Arrangement, their cooperation on the
development and deployment of TWR
technology shall be in accordance with their
respective applicable treaties, national laws
and regulations. The Parties recognize, with
respect to the observance of this
Implementing Arrangement, the principle of
international law that provides that a party
may not invoke the provisions of its internal
law as justification for its failure to perform
a treaty.
4. For purposes of this Implementing
Arrangement: ‘‘TWR technology’’ means
information or technology (including
information incorporated in a nuclear
reactor, component or equipment) that has
not yet entered into the public domain and
that is especially designed, prepared or
necessary for the development, testing,
manufacture, deployment, operation, or
maintenance of traveling wave reactors, and
for the manufacture, installation, or
disposition of fuel for such reactors, and such
other information which may be so
designated by written agreement of the
Parties.
‘‘Traveling wave reactors’’ or ‘‘TWRs’’
means reactors that would be designed to
operate indefinitely using natural uranium,
depleted uranium, spent light water reactor
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fuel, or thorium as reload fuel after start-up,
and in which waves that breed and then burn
would travel relative to the fuel. Under this
Implementing Arrangement, standing wave
reactors are covered by the definition of
‘‘traveling wave reactors’’.
ARTICLE II
1. The Executive Agent under this
Implementing Arrangement for the
Government of the United States of America
shall be the United States Department of
Energy, and the Executive Agents under this
Implementing Arrangement for the
Government of the People’s Republic of
China shall be the National Energy
Administration of China and the China
Atomic Energy Authority. In particular, the
China Atomic Energy Authority is the
leading Executive Agent for the People’s
Republic of China for implementing Article
VI and Article VII of this Implementing
Arrangement. Each Party may change its
Executive Agents or add one or more
additional Executive Agents by written
notice to the other Party.
2. Each Party’s Executive Agents shall have
the right, in accordance with the laws and
regulations of its country, and following
written notification to the other Party’s
Executive Agents, to delegate responsibilities
for the implementation of this Implementing
Arrangement to other agencies, departments,
or units of its respective government.
3. Each Party’s Executive Agents shall
endeavor to facilitate the participation, as
appropriate, and coordination of all
appropriate scientific and technical entities
in that Party’s country, including but not
limited to fuel fabrication enterprises,
nuclear power plants, and regulatory
agencies, that will be involved in the
cooperation subject to this Implementing
Arrangement.
ARTICLE III
Each Party’s Executive Agents shall
designate in writing the individuals and/or
entities within the jurisdiction of that Party
authorized to participate in cooperation
under this Implementing Arrangement in the
development and deployment of TWR
technology and, in connection with such
cooperation, to transfer TWR technology to
the Executive Agents and Authorized Persons
of the other Party. Individuals and entities so
designated by an Executive Agent of a Party
are hereinafter referred to as ‘‘Authorized
Persons’’.
ARTICLE IV
The areas of cooperation on development
and deployment of TWR technology under
this Implementing Arrangement shall
include:
A) TWR reactor neutronics analysis and
experimentation, including but not limited to
reactor, plant shielding, nuclear data,
software (source program), nuclear database,
conceptual design, core and system design
and certification in the phases, core and fuel
management technology, model and
calculation;
B) TWR reactor and plant safety, including
but not limited to reactor system safety
standards, accident analysis software, and
accident management regulations;
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C) TWR fuels and materials, including but
not limited to long-life fuel; clad materials;
structural materials; component materials;
absorber materials; circuit materials; fuels
and materials research and development
(R&D); testing programs used to develop the
fuels and materials manufacturing processes;
experimental data; raw material; formulae;
technological processes; and facilities and
equipment used to manufacture the fuels and
materials;
D) TWR nuclear steam supply systems and
their associated components and equipment,
including but not limited to design standard,
component, equipment, and system design,
thermal hydraulics, mechanics, and
chemistry analysis;
E) TWR engineered safety features and
their associated components, including but
not limited to design standards, component
and system design, and structural design;
F) TWR reactor building, including but not
limited to containment design and structural
and architectural analysis;
G) TWR reactor instrumentation and
control, and application of computer science,
including but not limited to survey, monitor,
control, and protection systems;
H) TWR reactor quality assurance, nondestructive inspection practices, and inservice inspection technology;
I) TWR plant design, construction, debug,
test run, operation, maintenance, and
decommissioning technology;
J) TWR economic methodology and
evaluation technology;
K) Treatment, storage, recycle, and
disposal technology of TWR reactor and
system spent fuel;
L) Treatment, storage, and disposal
technology of TWR reactor and system
radioactive waste; and
M) Such other areas as the Parties or their
Executive Agents agree upon in writing.
ARTICLE V
1. Cooperation under this Implementing
Arrangement with respect to the areas listed
in Article IV may include, but is not limited
to, the following forms:
A) Exchange of views and information;
B) Organization of, and participation in,
seminars, workshops, and other meetings;
C) Exchange of scientists, engineers, and
other specialists for agreed periods of time
for cooperative training, and participation in
experiments, analysis, design, and other
research, development and demonstration
activities at civilian scientific centers,
academic institutions, nuclear reactor
facilities, laboratories, engineering offices,
and other facilities of the Parties;
D) Exchange, provision, or loan of samples,
materials, instruments, components, and
equipment for experiments, testing, and
evaluation;
E) The use by one Party of the civilian
facilities owned or operated by the other
Party, subject in each case to the execution
of an appropriate agreement therefor; and
F) Such other specific forms of cooperation
as may be agreed by the Parties or their
Executive Agents in writing.
2. The Parties agree that Authorized
Persons from both countries may carry out
cooperation under this Implementing
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Arrangement through such forms as
establishing a joint venture.
ARTICLE VI
1. Any TWR technology transferred by one
Party (or its Authorized Persons) to the other
Party (or its Authorized Persons) under this
Implementing Arrangement as well as any
TWR technology developed in the course of
the cooperation under this Implementing
Arrangement or jointly developed by two or
more Authorized Persons through such
cooperation shall be subject to this
Implementing Arrangement. In addition,
items derived from any TWR technology
subject to this Implementing Arrangement or
developed through the cooperation or jointly
developed by two or more Authorized
Persons through such cooperation under this
Implementing Arrangement shall be subject
to this Implementing Arrangement.
2. The following requirements shall apply
to TWR technology and items subject to this
Implementing Arrangement:
A) TWR technology and items subject to
this Implementing Arrangement shall not be
used for the production of any nuclear
weapons or nuclear explosive device, or for
research on or development of any such
weapon or device, or for any military
purpose.
B) TWR technology transferred under this
Implementing Arrangement and items
derived therefrom shall not be retransferred
to unauthorized persons or, unless the Party
that originally transferred the TWR
technology agrees in advance in writing, from
the jurisdiction of the other Party.
C) TWR technology developed in the
course of the cooperation under this
Implementing Arrangement or jointly
developed by two or more Authorized
Persons through such cooperation, and items
derived therefrom, shall not be retransferred
to unauthorized persons or, unless the Parties
agree in advance in writing, from the
jurisdiction of either Party.
D) Prior to the transfer to a third country
of TWR technology or items subject to this
Implementing Arrangement, the Parties by
mutual agreement in writing will define the
conditions in accordance with which such
TWR technology or items may be transferred
to the jurisdiction of the third country.
E) Each Party shall require recipients of
TWR technology under this Implementing
Arrangement to take all measures necessary
to ensure adequate protection of the
transferred TWR technology as well as
technology developed in the course of the
cooperation under this Implementing
Arrangement or jointly developed by two or
more Authorized Persons through such
cooperation, and to ensure adequate physical
protection of items under that Party’s
jurisdiction that are subject to this
Implementing Arrangement. Such physical
protection shall, as appropriate, provide
protection at a minimum comparable to the
recommendations set forth in the
International Atomic Energy Agency Nuclear
Security Series No. 13 entitled ‘‘Nuclear
Security Recommendations on Physical
Protection of Nuclear Material and Nuclear
Facilities’’ (INFCIRC/225/Revision 5) and
such further revisions of that document as
agreed to by the Parties.
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3. Technology or items determined by the
Executive Agents pursuant to paragraph 4
E)(ii) of this Article VI to have been designed,
constructed, fabricated, operated, or
maintained independently of transferred
technical data, technology or other
information or items and of the cooperation
under this Implementing Arrangement shall
not be subject to the requirements of
paragraph 2 of this Article VI.
4. The Executive Agents of the Parties shall
determine jointly what information and
technology may be subject to the terms and
conditions of this Implementing
Arrangement according to the following
procedures:
A) Each Party, through its Executive
Agents, shall require all its Authorized
Persons to keep, and to provide to that
Party’s Executive Agents, an annual
inventory of all technical data, technology or
other information associated with the
development, construction, deployment or
use of a traveling wave reactor that is
transferred to the other Party, one of its
Executive Agents or any of its Authorized
Persons.
B) Each Party, through its Executive
Agents, shall require all its Authorized
Persons to keep, and to provide to that
Party’s Executive Agents, an annual
inventory of all technical data, technology or
other information or cooperation associated
with the development, construction,
deployment or use of a traveling wave reactor
that is developed in the course of the
cooperation under this Implementing
Arrangement or jointly developed by two or
more Authorized Persons through such
cooperation, and items derived therefrom.
C) Each Party, through its Executive
Agents, shall require all its Authorized
Persons to provide to its Executive Agents,
prior to transferring any technical data,
technology or other information or items to,
or engaging in any cooperation with, the
other Party under this Implementing
Arrangement, its Executive Agents or any of
its Authorized Persons, a list and description
of what is to be transferred or jointly
developed.
D) The Executive Agents of the Parties
shall establish a cooperation plan though
consultations by the following process:
i. Each Party’s Executive Agents shall
request that Party’s Authorized Persons to
consult with the Authorized Persons of the
other Party to develop a proposed
cooperation plan that outlines the scope of
technical data, technology or other
information or cooperation associated with
the development, construction, deployment
or use of a traveling wave reactor that is
anticipated to be transferred, or
communicated between the Parties, their
Executive Agents or any of their Authorized
Persons over a period to be agreed on by the
Executive Agents. Based on the submissions
from the Authorized Persons, the Executive
Agents shall agree upon an initial
cooperation plan at their initial consultation,
which shall take place as soon as possible
after the entry into force of this Implementing
Arrangement but before any transfer of TWR
technology by any Authorized Person.
ii. In subsequent years, the Executive
Agents shall review the cooperation plan at
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annual consultations, or any time agreed by
the Executive Agents, based on information
obtained from Authorized Persons, regarding
transfers and cooperation expected to take
place in the following year, and shall make
appropriate revisions or adjustments to the
cooperation plan.
iii. Each Party, through its Executive
Agents, shall authorize its Authorized
Persons to cooperate with Authorized
Persons of the other Party upon the adoption
of the initial cooperation plan and only in
accordance with the cooperation plan, as it
may be revised from time to time.
E) The Executive Agents shall exchange
and review annually the inventories referred
to in subparagraphs A) and B) of this
paragraph 4 and reach agreement on a final
annual inventory subject to the terms and
conditions of this Implementing
Arrangement, through consultations by the
following procedures:
i. Beginning at the end of the first year of
cooperation under this Implementing
Arrangement and in each subsequent year,
each Party, through its Executive Agents,
shall require each of its Authorized Persons
to submit a list and description of what that
Authorized Person has transferred, received
or jointly developed through cooperation
under this Implementing Arrangement in the
previous year, and to work with the
appropriate Authorized Persons of the other
Party to seek agreement between all relevant
Authorized Persons on such a list.
ii. The Executive Agents of both Parties
shall review the lists referred to in
subparagraph E)(i) and the annual
inventories referred to in subparagraphs A)
and B) of this paragraph 4 on an annual basis
and seek to agree in writing on a final annual
inventory (‘‘Final Annual Inventory’’) of
what is subject to the terms and conditions
of this Implementing Arrangement.
iii. The annual inventories referred to in
subparagraphs A) and B) of this paragraph 4
shall be subject to the terms and conditions
of this Implementing Arrangement, including
but not limited to the provisions on retransfer
in Article VII hereof, until completion of the
review by the Executive Agents in the annual
consultation of that year in accordance with
subparagraph E) of this paragraph. Technical
data, technology or other information or
cooperation or items on the annual
inventories referred to in subparagraphs A)
and B) of this paragraph 4 that the Executive
Agents of both Parties agree are not included
within the scope of this Implementing
Arrangement shall be removed from the Final
Annual Inventory and shall not thereafter be
subject to the terms and conditions of this
Implementing Arrangement.
ARTICLE VII
1. Prior to any transfer of TWR technology
or items subject to this Implementing
Arrangement by any Party to a third country,
the Party proposing to make such transfer
(the transferring Party) shall request in
written form the consent of the other Party
(the consenting Party) or the Executive Agent
for the consenting Party to the transfer of the
specified TWR technology or items to the
identified third country.
2. If the consenting Party or its Executive
Agent provides to the transferring Party its
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5. This Implementing Arrangement is
subject to the Agreement for Cooperation,
and in case of any conflict between the
Agreement for Cooperation and this
Implementing Arrangement, the Agreement
for Cooperation shall prevail. Any questions
of interpretation or implementation relating
to this Implementing Arrangement arising
during its term shall be resolved by
consultations between the Parties’ Executive
Agents or, if necessary, the Parties.
IN WITNESS WHEREOF, the undersigned,
duly authorized thereto by their respective
governments, have signed this Implementing
Arrangement.
ARTICLE VIII
The Parties recognize that arrangements for
allocation of intellectual property rights and
benefits of the cooperation by Authorized
Persons under this Implementing
Arrangement may be made separately
between those Authorized Persons.
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written consent to such transfer to that
identified third country, subject to the agreed
conditions in accordance with which such
TWR technology or items may be transferred
to the jurisdiction of that identified third
country as provided in Article VI, paragraph
2, subparagraph D) above, the consenting
Party shall obtain in advance from the
identified third country to which the TWR
technology or items are to be transferred the
same assurances as those set forth in Article
VI, paragraph 2.
3. The transferring Party shall ensure prior
to the transfer that the appropriate
governmental authority in the identified
third country is informed that the TWR
technology and items being retransferred are
under obligation to the consenting Party.
4. After the consenting Party receives the
same assurances as set forth in Article VI,
paragraph 2, from the identified third
country, that Party will inform the
transferring Party that it may proceed with
the proposed transfer.
[Docket No. CP14–23–000]
ARTICLE IX
1. This Implementing Arrangement shall
enter into force on the date of the latest
written notification between the Parties that
they have completed their internal legal
procedures necessary for its entry into force,
and shall remain in force for five years,
unless terminated as provided herein. For so
long as the Agreement for Cooperation is in
force, this Implementing Arrangement shall
be automatically renewed for further fiveyear periods unless either Party notifies the
other in writing at least six months prior to
the expiration of the first five-year period or
any succeeding five-year period that it does
not wish to renew this Implementing
Arrangement at the end of that period. In
addition, this Implementing Arrangement
shall terminate upon the termination or
expiration of the Agreement for Cooperation.
2. This Implementing Arrangement may be
amended by the Parties in writing.
3. This Implementing Arrangement may be
terminated at any time by both Parties in
writing, or by either Party with one year’s
advance notification in writing. Any
termination or expiration shall be without
prejudice to the rights which may have
accrued under this Implementing
Arrangement to either Party up to the date of
such termination or expiration.
Notwithstanding the termination or
expiration of this Implementing
Arrangement, the provisions of Articles VI
and VII shall continue in effect until the
Parties otherwise agree in writing.
4. Joint activities not completed at the
termination or expiration of this
Implementing Arrangement may, if agreed by
the Parties in writing, be continued until
their completion under the terms of this
Implementing Arrangement so long as the
Agreement for Cooperation remains in force.
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[FR Doc. 2013–30080 Filed 12–17–13; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Enable Gas Transmission, LLC; Notice
of Application
Take notice that on November 26,
2013, Enable Gas Transmission, LLC
(Enable) 1111 Louisiana Street,
Houston, Texas 77002, filed in the
above reference docket application
pursuant to section 7(b) and 7(c) of the
of the Natural Gas Act (NGA) and Part
157 of the Commission’s regulations,
requesting authorization for the Central
Arkansas Pipeline Enhancement Project.
Enable proposes to abandon and replace
certain facilities in order to provide
continued safe, reliable, and efficient
transportation of natural gas service to
the towns of Conway, Mayflower,
Maumelle, North Little Rock, and Little
Rock; all located in Pulaski and
Faulkner Counties, Arkansas. Enable’s
proposal is more fully set forth in the
application which is on file with the
Commission and open to public
inspection. The filing may also be
viewed on the web at https://
www.ferc.gov using the ‘‘eLibrary’’ link.
Enter the docket number excluding the
last three digits in the docket number
field to access the document. For
assistance, please contact FERC Online
Support at FERCOnlineSupport@
ferc.gov or toll free at (866) 208–3676, or
TTY, contact (202) 502–8659.
Any questions concerning this
application may be directed to B.
Michelle Willis, Manager, Regulatory
and Compliance, Enable Gas
Transmission, LLC, P.O. Box 21734
Shreveport, LA 71151 at (318) 429–
3708.
Specifically, Enable proposes to
construct approximately 28.5 miles of
12-inch pipeline (new Line BT–39),
approximately 230 feet of 4-inch
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pipeline (new Line BT–40), and
approximately 1,400 feet of 4-inch
pipeline (new Line BT–41), as well as
the installation of delivery points and
necessary appurtenant facilities. In
conjunction with the construction,
Enable proposes to abandon an
approximately 21.7 mile-long segment
of existing Line B. Enable seeks
authority to abandon by sale an
approximately 12.4 mile-long segment
of existing Line BT–14 and the entire
line BT–19 to Enable’s affiliated
distribution business, CenterPoint
Energy Resources Corp. d/b/a
CenterPoint Energy Arkansas Gas.
Enable also proposes to abandon in its
entirety existing Line BM–1, and
reconfigure Line BM–21.
Pursuant to section 157.9 of the
Commission’s rules, 18 CFR 157.9,
within 90 days of this Notice the
Commission staff will either: Complete
its environmental assessment (EA) and
place it into the Commission’s public
record (eLibrary) for this proceeding; or
issue a Notice of Schedule for
Environmental Review. If a Notice of
Schedule for Environmental Review is
issued, it will indicate, among other
milestones, the anticipated date for the
Commission staff’s issuance of the final
environmental impact statement (FEIS)
or EA for this proposal. The filing of the
EA in the Commission’s public record
for this proceeding or the issuance of a
Notice of Schedule for Environmental
Review will serve to notify federal and
state agencies of the timing for the
completion of all necessary reviews, and
the subsequent need to complete all
federal authorizations within 90 days of
the date of issuance of the Commission
staff’s FEIS or EA.
There are two ways to become
involved in the Commission’s review of
this project. First, any person wishing to
obtain legal status by becoming a party
to the proceedings for this project
should, on or before the comment date
stated below, file with the Federal
Energy Regulatory Commission, 888
First Street NE., Washington, DC 20426,
a motion to intervene in accordance
with the requirements of the
Commission’s Rules of Practice and
Procedure (18 CFR 385.214 or 385.211)
and the Regulations under the NGA (18
CFR 157.10). A person obtaining party
status will be placed on the service list
maintained by the Secretary of the
Commission and will receive copies of
all documents filed by the applicant and
by all other parties. A party must submit
7 copies of filings made with the
Commission and must mail a copy to
the applicant and to every other party in
the proceeding. Only parties to the
E:\FR\FM\18DEN1.SGM
18DEN1
]]>Agencies
[Federal Register Volume 78, Number 243 (Wednesday, December 18, 2013)]
[Notices]
[Pages 76600-76603]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30080]
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DEPARTMENT OF ENERGY
Proposed Subsequent Arrangement
AGENCY: Office of Nonproliferation and International Security,
Department of Energy.
ACTION: Proposed Subsequent Arrangement.
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SUMMARY: The Department is providing notice of a proposed agreement
between the Government of the United States of America and the
Government of the People's Republic of China that is being processed as
a subsequent arrangement.
DATES: This subsequent arrangement will take effect no sooner than
January 2, 2014.
FOR FURTHER INFORMATION CONTACT: Ms. Katie Strangis, Office of
Nonproliferation and International Security, National Nuclear Security
Administration, Department of Energy. Telephone: 202-586-8623 or email:
Katie.Strangis@nnsa.doe.gov.
SUPPLEMENTARY INFORMATION: The agreement that is being processed as a
subsequent arrangement is a proposed Implementing Arrangement Between
the Government of the United States of America and the Government of
the People's Republic of China Under the Agreement for Cooperation
Between the Government of the United States of America and the
Government of the People's Republic of China Concerning Peaceful Uses
of Nuclear Energy (the Implementing Arrangement). The text of the
Implementing Arrangement is appended at the end of this notice. The
Implementing Arrangement will permit the exchange and joint development
of Traveling Wave Reactor (TWR) design information and related
technology between the United States and the People's Republic of China
(China), in accordance with section 57.b(1) of the Atomic Energy Act of
1954, as amended (AEA). Section 57(b) states that persons seeking to
export nuclear technology or assistance from the United States, the
Secretary of Energy must find that the transfer is not inimical to the
interests of the United States. Authorized U.S. persons pursuant to
this Implementing Arrangement will fulfill this requirement by seeking
the relevant license, codified in 10 CFR part 810, from the Department
of Energy.
At the request of U.S. industry and the Chinese government, the
Department of Energy/National Nuclear Security Administration (DOE/
NNSA) and Department of State (DOS) negotiated an agreement with
agencies of the Government of the People's Republic of China (China)
that would facilitate the joint development of TWR technology between a
U.S. commercial entity and a Chinese governmental entity engaged in
similar technology development. DOE/NNSA and DOS negotiated the
agreement as an implementing arrangement under the Agreement for
Cooperation Between the Government of the United States of America and
the Government of the People's Republic of China Concerning Peaceful
Uses of Nuclear Energy of [July 23, 1985] (123 Agreement) to cover the
joint TWR work and permit the transfer of technology from the United
States to China. The agencies of the Chinese government involved in the
negotiations were the National Energy Administration (NEA), the China
Atomic Energy Authority (CAEA), and the Ministry of Foreign Affairs
(MFA). The Implementing Arrangement establishes the scope of
cooperation and allows both governments to designate individuals and
entities, including in the commercial sector, as ``Authorized Persons''
who are permitted to exchange and develop information and technology,
subject to the conditions and restrictions set out in the Implementing
Arrangement.
As provided in Section 131a. of the Atomic Energy Act of 1954, as
amended, I have determined that this subsequent arrangement will not be
inimical to the common defense and security of the United States. In
reaching this determination, all relevant factors were considered.
Issued in Washington, DC, on December 9, 2013.
Richard Goorevich,
Senior Policy Advisor, Office of Nonproliferation and International
Security, National Nuclear Security Administration.
IMPLEMENTING ARRANGEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF
AMERICA AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA UNDER THE
AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OF THE UNITED STATES
OF AMERICA AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA
CONCERNING PEACEFUL USES OF NUCLEAR ENERGY
The Government of the United States of America and the
Government of the People's Republic of China (hereinafter referred
to as the ``Parties''),
RECOGNIZING that the United States of America and the People's
Republic of China are parties to the Treaty on the Non-Proliferation
of Nuclear Weapons, done at Washington, London and Moscow July 1,
1968;
NOTING the Agreement for Cooperation Between the Government of
the United States of America and the Government of the People's
Republic of China Concerning Peaceful Uses of Nuclear Energy signed
on July 23, 1985 (hereinafter referred to as the ``Agreement for
Cooperation'');
NOTING the Exchange of Diplomatic Notes between the Parties on
September 12, 2003, regarding their understanding concerning
assurances for transfers of nuclear technology, and the Statement of
Intent between the Department of Energy of the United States of
America and the China Atomic Energy Authority on exchange of
assurances for transfers of nuclear technology of September 16,
2003;
ACKNOWLEDGING the need to develop an appropriate mix of
environmentally safe and secure sources of energy, including
nuclear, to meet the needs of their respective countries'
populations;
NOTING the shared commitment of the Parties to preventing
nuclear proliferation;
EMPHASIZING the critical role of international safeguards in
promoting international confidence in the peaceful uses of nuclear
energy;
ACKNOWLEDGING their shared wish to facilitate research and
development on relevant topics related to the peaceful uses of
nuclear energy;
RECOGNIZING that research and development of traveling wave
reactor (``TWR'') technology is ongoing in both the United States
and the People's Republic of China and that the significant physical
and intellectual investment in infrastructure required to support
TWR development need not be duplicated by each Party, but rather can
be shared and harmonized in an efficient and equitable fashion;
REALIZING that the successful development of traveling wave
reactors for the production of power for peaceful purposes would
contribute significantly to the peaceful uses of nuclear power
[[Page 76601]]
worldwide, non-proliferation, and the sustainable development of
nuclear power;
WISHING to facilitate cooperation in the development and
deployment of TWR technology;
NOTING that Article 3 of the Agreement for Cooperation provides
that information and technology concerning the use of nuclear energy
for peaceful purposes may be transferred, and Article 2, paragraph 2
of the Agreement for Cooperation provides that transfer of
information and technology under the Agreement for Cooperation may
be undertaken directly between the parties to that agreement or
through authorized persons, subject to the terms of the Agreement
for Cooperation and to such additional terms and conditions as may
be agreed by the parties thereto; and
WISHING to provide for such additional terms and conditions for
cooperation by the Parties and their authorized persons in the
development and deployment of TWR technology in support of
cooperative efforts to develop TWRs,
Have agreed as follows:
ARTICLE I
1. The Parties acknowledge their mutual interest in facilitating
cooperation between their countries in the development of TWR
technology on the basis of mutual benefit, equality and reciprocity,
and shall endeavor to take steps to facilitate such cooperation,
without prejudice to the rights and obligations of the Parties under
this Implementing Arrangement and the Agreement for Cooperation.
2. Each Party shall endeavor not to take any action for the
purpose of interfering with the development and deployment of TWR
technology for peaceful purposes in accordance with the Agreement
for Cooperation.
3. The Parties agree that, in fulfilling their obligations under
this Implementing Arrangement, their cooperation on the development
and deployment of TWR technology shall be in accordance with their
respective applicable treaties, national laws and regulations. The
Parties recognize, with respect to the observance of this
Implementing Arrangement, the principle of international law that
provides that a party may not invoke the provisions of its internal
law as justification for its failure to perform a treaty.
4. For purposes of this Implementing Arrangement: ``TWR
technology'' means information or technology (including information
incorporated in a nuclear reactor, component or equipment) that has
not yet entered into the public domain and that is especially
designed, prepared or necessary for the development, testing,
manufacture, deployment, operation, or maintenance of traveling wave
reactors, and for the manufacture, installation, or disposition of
fuel for such reactors, and such other information which may be so
designated by written agreement of the Parties.
``Traveling wave reactors'' or ``TWRs'' means reactors that
would be designed to operate indefinitely using natural uranium,
depleted uranium, spent light water reactor fuel, or thorium as
reload fuel after start-up, and in which waves that breed and then
burn would travel relative to the fuel. Under this Implementing
Arrangement, standing wave reactors are covered by the definition of
``traveling wave reactors''.
ARTICLE II
1. The Executive Agent under this Implementing Arrangement for
the Government of the United States of America shall be the United
States Department of Energy, and the Executive Agents under this
Implementing Arrangement for the Government of the People's Republic
of China shall be the National Energy Administration of China and
the China Atomic Energy Authority. In particular, the China Atomic
Energy Authority is the leading Executive Agent for the People's
Republic of China for implementing Article VI and Article VII of
this Implementing Arrangement. Each Party may change its Executive
Agents or add one or more additional Executive Agents by written
notice to the other Party.
2. Each Party's Executive Agents shall have the right, in
accordance with the laws and regulations of its country, and
following written notification to the other Party's Executive
Agents, to delegate responsibilities for the implementation of this
Implementing Arrangement to other agencies, departments, or units of
its respective government.
3. Each Party's Executive Agents shall endeavor to facilitate
the participation, as appropriate, and coordination of all
appropriate scientific and technical entities in that Party's
country, including but not limited to fuel fabrication enterprises,
nuclear power plants, and regulatory agencies, that will be involved
in the cooperation subject to this Implementing Arrangement.
ARTICLE III
Each Party's Executive Agents shall designate in writing the
individuals and/or entities within the jurisdiction of that Party
authorized to participate in cooperation under this Implementing
Arrangement in the development and deployment of TWR technology and,
in connection with such cooperation, to transfer TWR technology to
the Executive Agents and Authorized Persons of the other Party.
Individuals and entities so designated by an Executive Agent of a
Party are hereinafter referred to as ``Authorized Persons''.
ARTICLE IV
The areas of cooperation on development and deployment of TWR
technology under this Implementing Arrangement shall include:
A) TWR reactor neutronics analysis and experimentation,
including but not limited to reactor, plant shielding, nuclear data,
software (source program), nuclear database, conceptual design, core
and system design and certification in the phases, core and fuel
management technology, model and calculation;
B) TWR reactor and plant safety, including but not limited to
reactor system safety standards, accident analysis software, and
accident management regulations;
C) TWR fuels and materials, including but not limited to long-
life fuel; clad materials; structural materials; component
materials; absorber materials; circuit materials; fuels and
materials research and development (R&D); testing programs used to
develop the fuels and materials manufacturing processes;
experimental data; raw material; formulae; technological processes;
and facilities and equipment used to manufacture the fuels and
materials;
D) TWR nuclear steam supply systems and their associated
components and equipment, including but not limited to design
standard, component, equipment, and system design, thermal
hydraulics, mechanics, and chemistry analysis;
E) TWR engineered safety features and their associated
components, including but not limited to design standards, component
and system design, and structural design;
F) TWR reactor building, including but not limited to
containment design and structural and architectural analysis;
G) TWR reactor instrumentation and control, and application of
computer science, including but not limited to survey, monitor,
control, and protection systems;
H) TWR reactor quality assurance, non-destructive inspection
practices, and in-service inspection technology;
I) TWR plant design, construction, debug, test run, operation,
maintenance, and decommissioning technology;
J) TWR economic methodology and evaluation technology;
K) Treatment, storage, recycle, and disposal technology of TWR
reactor and system spent fuel;
L) Treatment, storage, and disposal technology of TWR reactor
and system radioactive waste; and
M) Such other areas as the Parties or their Executive Agents
agree upon in writing.
ARTICLE V
1. Cooperation under this Implementing Arrangement with respect
to the areas listed in Article IV may include, but is not limited
to, the following forms:
A) Exchange of views and information;
B) Organization of, and participation in, seminars, workshops,
and other meetings;
C) Exchange of scientists, engineers, and other specialists for
agreed periods of time for cooperative training, and participation
in experiments, analysis, design, and other research, development
and demonstration activities at civilian scientific centers,
academic institutions, nuclear reactor facilities, laboratories,
engineering offices, and other facilities of the Parties;
D) Exchange, provision, or loan of samples, materials,
instruments, components, and equipment for experiments, testing, and
evaluation;
E) The use by one Party of the civilian facilities owned or
operated by the other Party, subject in each case to the execution
of an appropriate agreement therefor; and
F) Such other specific forms of cooperation as may be agreed by
the Parties or their Executive Agents in writing.
2. The Parties agree that Authorized Persons from both countries
may carry out cooperation under this Implementing
[[Page 76602]]
Arrangement through such forms as establishing a joint venture.
ARTICLE VI
1. Any TWR technology transferred by one Party (or its
Authorized Persons) to the other Party (or its Authorized Persons)
under this Implementing Arrangement as well as any TWR technology
developed in the course of the cooperation under this Implementing
Arrangement or jointly developed by two or more Authorized Persons
through such cooperation shall be subject to this Implementing
Arrangement. In addition, items derived from any TWR technology
subject to this Implementing Arrangement or developed through the
cooperation or jointly developed by two or more Authorized Persons
through such cooperation under this Implementing Arrangement shall
be subject to this Implementing Arrangement.
2. The following requirements shall apply to TWR technology and
items subject to this Implementing Arrangement:
A) TWR technology and items subject to this Implementing
Arrangement shall not be used for the production of any nuclear
weapons or nuclear explosive device, or for research on or
development of any such weapon or device, or for any military
purpose.
B) TWR technology transferred under this Implementing
Arrangement and items derived therefrom shall not be retransferred
to unauthorized persons or, unless the Party that originally
transferred the TWR technology agrees in advance in writing, from
the jurisdiction of the other Party.
C) TWR technology developed in the course of the cooperation
under this Implementing Arrangement or jointly developed by two or
more Authorized Persons through such cooperation, and items derived
therefrom, shall not be retransferred to unauthorized persons or,
unless the Parties agree in advance in writing, from the
jurisdiction of either Party.
D) Prior to the transfer to a third country of TWR technology or
items subject to this Implementing Arrangement, the Parties by
mutual agreement in writing will define the conditions in accordance
with which such TWR technology or items may be transferred to the
jurisdiction of the third country.
E) Each Party shall require recipients of TWR technology under
this Implementing Arrangement to take all measures necessary to
ensure adequate protection of the transferred TWR technology as well
as technology developed in the course of the cooperation under this
Implementing Arrangement or jointly developed by two or more
Authorized Persons through such cooperation, and to ensure adequate
physical protection of items under that Party's jurisdiction that
are subject to this Implementing Arrangement. Such physical
protection shall, as appropriate, provide protection at a minimum
comparable to the recommendations set forth in the International
Atomic Energy Agency Nuclear Security Series No. 13 entitled
``Nuclear Security Recommendations on Physical Protection of Nuclear
Material and Nuclear Facilities'' (INFCIRC/225/Revision 5) and such
further revisions of that document as agreed to by the Parties.
3. Technology or items determined by the Executive Agents
pursuant to paragraph 4 E)(ii) of this Article VI to have been
designed, constructed, fabricated, operated, or maintained
independently of transferred technical data, technology or other
information or items and of the cooperation under this Implementing
Arrangement shall not be subject to the requirements of paragraph 2
of this Article VI.
4. The Executive Agents of the Parties shall determine jointly
what information and technology may be subject to the terms and
conditions of this Implementing Arrangement according to the
following procedures:
A) Each Party, through its Executive Agents, shall require all
its Authorized Persons to keep, and to provide to that Party's
Executive Agents, an annual inventory of all technical data,
technology or other information associated with the development,
construction, deployment or use of a traveling wave reactor that is
transferred to the other Party, one of its Executive Agents or any
of its Authorized Persons.
B) Each Party, through its Executive Agents, shall require all
its Authorized Persons to keep, and to provide to that Party's
Executive Agents, an annual inventory of all technical data,
technology or other information or cooperation associated with the
development, construction, deployment or use of a traveling wave
reactor that is developed in the course of the cooperation under
this Implementing Arrangement or jointly developed by two or more
Authorized Persons through such cooperation, and items derived
therefrom.
C) Each Party, through its Executive Agents, shall require all
its Authorized Persons to provide to its Executive Agents, prior to
transferring any technical data, technology or other information or
items to, or engaging in any cooperation with, the other Party under
this Implementing Arrangement, its Executive Agents or any of its
Authorized Persons, a list and description of what is to be
transferred or jointly developed.
D) The Executive Agents of the Parties shall establish a
cooperation plan though consultations by the following process:
i. Each Party's Executive Agents shall request that Party's
Authorized Persons to consult with the Authorized Persons of the
other Party to develop a proposed cooperation plan that outlines the
scope of technical data, technology or other information or
cooperation associated with the development, construction,
deployment or use of a traveling wave reactor that is anticipated to
be transferred, or communicated between the Parties, their Executive
Agents or any of their Authorized Persons over a period to be agreed
on by the Executive Agents. Based on the submissions from the
Authorized Persons, the Executive Agents shall agree upon an initial
cooperation plan at their initial consultation, which shall take
place as soon as possible after the entry into force of this
Implementing Arrangement but before any transfer of TWR technology
by any Authorized Person.
ii. In subsequent years, the Executive Agents shall review the
cooperation plan at annual consultations, or any time agreed by the
Executive Agents, based on information obtained from Authorized
Persons, regarding transfers and cooperation expected to take place
in the following year, and shall make appropriate revisions or
adjustments to the cooperation plan.
iii. Each Party, through its Executive Agents, shall authorize
its Authorized Persons to cooperate with Authorized Persons of the
other Party upon the adoption of the initial cooperation plan and
only in accordance with the cooperation plan, as it may be revised
from time to time.
E) The Executive Agents shall exchange and review annually the
inventories referred to in subparagraphs A) and B) of this paragraph
4 and reach agreement on a final annual inventory subject to the
terms and conditions of this Implementing Arrangement, through
consultations by the following procedures:
i. Beginning at the end of the first year of cooperation under
this Implementing Arrangement and in each subsequent year, each
Party, through its Executive Agents, shall require each of its
Authorized Persons to submit a list and description of what that
Authorized Person has transferred, received or jointly developed
through cooperation under this Implementing Arrangement in the
previous year, and to work with the appropriate Authorized Persons
of the other Party to seek agreement between all relevant Authorized
Persons on such a list.
ii. The Executive Agents of both Parties shall review the lists
referred to in subparagraph E)(i) and the annual inventories
referred to in subparagraphs A) and B) of this paragraph 4 on an
annual basis and seek to agree in writing on a final annual
inventory (``Final Annual Inventory'') of what is subject to the
terms and conditions of this Implementing Arrangement.
iii. The annual inventories referred to in subparagraphs A) and
B) of this paragraph 4 shall be subject to the terms and conditions
of this Implementing Arrangement, including but not limited to the
provisions on retransfer in Article VII hereof, until completion of
the review by the Executive Agents in the annual consultation of
that year in accordance with subparagraph E) of this paragraph.
Technical data, technology or other information or cooperation or
items on the annual inventories referred to in subparagraphs A) and
B) of this paragraph 4 that the Executive Agents of both Parties
agree are not included within the scope of this Implementing
Arrangement shall be removed from the Final Annual Inventory and
shall not thereafter be subject to the terms and conditions of this
Implementing Arrangement.
ARTICLE VII
1. Prior to any transfer of TWR technology or items subject to
this Implementing Arrangement by any Party to a third country, the
Party proposing to make such transfer (the transferring Party) shall
request in written form the consent of the other Party (the
consenting Party) or the Executive Agent for the consenting Party to
the transfer of the specified TWR technology or items to the
identified third country.
2. If the consenting Party or its Executive Agent provides to
the transferring Party its
[[Page 76603]]
written consent to such transfer to that identified third country,
subject to the agreed conditions in accordance with which such TWR
technology or items may be transferred to the jurisdiction of that
identified third country as provided in Article VI, paragraph 2,
subparagraph D) above, the consenting Party shall obtain in advance
from the identified third country to which the TWR technology or
items are to be transferred the same assurances as those set forth
in Article VI, paragraph 2.
3. The transferring Party shall ensure prior to the transfer
that the appropriate governmental authority in the identified third
country is informed that the TWR technology and items being
retransferred are under obligation to the consenting Party.
4. After the consenting Party receives the same assurances as
set forth in Article VI, paragraph 2, from the identified third
country, that Party will inform the transferring Party that it may
proceed with the proposed transfer.
ARTICLE VIII
The Parties recognize that arrangements for allocation of
intellectual property rights and benefits of the cooperation by
Authorized Persons under this Implementing Arrangement may be made
separately between those Authorized Persons.
ARTICLE IX
1. This Implementing Arrangement shall enter into force on the
date of the latest written notification between the Parties that
they have completed their internal legal procedures necessary for
its entry into force, and shall remain in force for five years,
unless terminated as provided herein. For so long as the Agreement
for Cooperation is in force, this Implementing Arrangement shall be
automatically renewed for further five-year periods unless either
Party notifies the other in writing at least six months prior to the
expiration of the first five-year period or any succeeding five-year
period that it does not wish to renew this Implementing Arrangement
at the end of that period. In addition, this Implementing
Arrangement shall terminate upon the termination or expiration of
the Agreement for Cooperation.
2. This Implementing Arrangement may be amended by the Parties
in writing.
3. This Implementing Arrangement may be terminated at any time
by both Parties in writing, or by either Party with one year's
advance notification in writing. Any termination or expiration shall
be without prejudice to the rights which may have accrued under this
Implementing Arrangement to either Party up to the date of such
termination or expiration. Notwithstanding the termination or
expiration of this Implementing Arrangement, the provisions of
Articles VI and VII shall continue in effect until the Parties
otherwise agree in writing.
4. Joint activities not completed at the termination or
expiration of this Implementing Arrangement may, if agreed by the
Parties in writing, be continued until their completion under the
terms of this Implementing Arrangement so long as the Agreement for
Cooperation remains in force.
5. This Implementing Arrangement is subject to the Agreement for
Cooperation, and in case of any conflict between the Agreement for
Cooperation and this Implementing Arrangement, the Agreement for
Cooperation shall prevail. Any questions of interpretation or
implementation relating to this Implementing Arrangement arising
during its term shall be resolved by consultations between the
Parties' Executive Agents or, if necessary, the Parties.
IN WITNESS WHEREOF, the undersigned, duly authorized thereto by
their respective governments, have signed this Implementing
Arrangement.
[FR Doc. 2013-30080 Filed 12-17-13; 8:45 am]
BILLING CODE 6450-01-P
