Amendment to Procedures Established Pursuant to the Nuclear Non-Proliferation Act of 1978, 80051-80052 [2016-27409]

Download as PDF Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Notices Tentative Agenda: (updates will be posted on the web at: http:// hydrogen.energy.gov/ advisory_htac.html). • HTAC Business (including public comment period) • DOE Leadership Updates • Program and Budget Updates • Updates from Federal/State Governments and Industry • HTAC Subcommittee Updates • Open Discussion Period Public Participation: The meeting is open to the public. Individuals who would like to attend and/or to make oral statements during the public comment period must register no later than 5:00 p.m. on Monday, November 28, 2016 by email at HTAC@nrel.gov. Entry to the meeting room will be restricted to those who have confirmed their attendance in advance. Please provide your name, organization, citizenship, and contact information. Anyone attending the meeting will be required to present government-issued identification. Those wishing to make a public comment are required to register. The public comment period will take place between 9:00 a.m. and 9:30 a.m. on December 6, 2016. Time allotted per speaker will depend on the number who wish to speak but will not exceed five minutes. Those not able to attend the meeting or have insufficient time to address the committee are invited to send a written statement to HTAC@nrel.gov. Minutes: The minutes of the meeting will be available for public review at http://hydrogen.energy.gov/ advisory_htac.html. Issued in Washington, DC at November 8, 2016. LaTanya R. Butler, Deputy Committee Management Officer. [FR Doc. 2016–27361 Filed 11–14–16; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Secretary of Energy Advisory Board The meeting scheduled for December 13, 2016, announced in the November 2, 2016, issue of the Federal Register (FR Doc. 2016–26419, 81 FR 212), is cancelled. FOR FURTHER INFORMATION CONTACT: Karen Gibson, Designated Federal Officer, U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585; seab@ hq.doe.gov. DATES: Issued at Washington, DC, on November 8, 2016. LaTanya R. Butler, Deputy Committee Management Officer. [FR Doc. 2016–27362 Filed 11–14–16; 8:45 am] BILLING CODE 6405–01–P DEPARTMENT OF ENERGY National Nuclear Security Administration DEPARTMENT OF STATE DEPARTMENT OF COMMERCE Amendment to Procedures Established Pursuant to the Nuclear NonProliferation Act of 1978 National Nuclear Security Administration, Department of Energy; Department of State, Department of Commerce. ACTION: Notice. AGENCY: Section 3136 of the National Defense Authorization Act for Fiscal Year 2016 (NDAA) mandates that the Office of the Director of National Intelligence (ODNI) also be consulted with respect to each authorization under section 57b.(2) of the Atomic Energy Act of 1954, as amended (AEA), to a covered foreign country as defined in section 3136(i)(2) of the NDAA. This amendment to the Procedures Established Pursuant to the Nuclear Non-Proliferation Act of 1978 implements this consultation requirement. SUMMARY: Effective: November 15, 2016. Mr. Richard Goorevich, Senior Policy Advisor, Office of Nonproliferation and Arms Control (NPAC), National Nuclear Security Administration (NNSA), Department of Energy (DOE), 1000 Independence Avenue SW., Washington, DC 20585, Richard.Goorevich@nnsa.doe.gov, telephone 202–586–0589; or Mr. Dick Stratford, Director, Office of Nuclear Energy, Safety, and Security, Department of State (DOS), 2201 C St. NW., Room 3320, Washington, DC AGENCY: DATES: ACTION: FOR FURTHER INFORMATION CONTACT: Department of Energy. Notice of cancellation of open meeting. On November 2, 2016, the Department of Energy (DOE) published a notice of open meeting scheduled for December 13, 2016, of the Secretary of Energy Advisory Board. This notice announces the cancellation of this meeting. The meeting is being cancelled because the board will not have a quorum due to scheduling conflicts by members. The next regular meeting will be held at a date to be determined. mstockstill on DSK3G9T082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 22:00 Nov 11, 2016 Jkt 241001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 80051 20520, StratfordRJ@state.gov, telephone 202–647–4413; or Mr. Steven Clagett, Director, Nuclear and Missile Technology Division, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, Steven.clagett@bis.doc.gov, telephone 202–482–1641. SUPPLEMENTARY INFORMATION: Background Section 57b.(2) of the Atomic Energy Act of 1954, as amended (AEA), is implemented through the DOE/NNSA regulations under Title 10 of the Code of Federal Regulations (CPR) Part 810 (Part 810) governing exports of unclassified nuclear technology and assistance. On February 23, 2015, DOE/ NNSA published its final rule (80 FR 9359) revising Part 810. The final rule came into effect on March 25, 2015. Before the Secretary of Energy authorizes certain transfers of civil nuclear technology and assistance, DOE/NNSA is required to consult with the Nuclear Regulatory Commission (NRC), the Department of Commerce (DOC), and the Department of Defense (DoD), and obtain the concurrence of the Department of State (DOS). These reviews are accomplished in a manner consistent with Part D of the Procedures Established Pursuant to the Nuclear Non-Proliferation Act of 1978 (the ‘‘Procedures’’), as published in the Federal Register on June 7, 1978 (43 FR 25326), and amended by publication in the Federal Register on May 16, 1984 (49 FR 20780), and February 19, 1991 (56 FR 6701). This amendment addresses only Section 12 of Part D of the Procedures to implement the new requirements of Section 3136 of the NDAA, which mandates that the Director, ODNI, also be consulted with respect to each authorization under section 57b. of the AEA to a covered foreign country as defined in section 3136(i)(2) of the NDAA. Amended Procedure To provide for consultation with the ODNI on applications for specific authorization under section 57b.(2) of the AEA, as implemented by DOE/ NNSA regulations at 10 CFR Part 810, Section 12 of Part D of the Procedures is amended as follows: 1. Within 10 days of receipt of an application for specific authorization for a transfer of technology controlled under 10 CFR Part 810, DOE/NNSA conducts a technical review of the application to determine whether the application is properly submitted and falls within the scope of the regulation. 1.a. Concurrent with the internal DOE/NNSA technical review, for E:\FR\FM\15NON1.SGM 15NON1 mstockstill on DSK3G9T082PROD with NOTICES 80052 Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Notices packages involving covered foreign countries as defined in section 3136(i)(2) of the NDAA, DOE/NNSA sends the end user, equipment, supplier information, and any other relevant information to ODNI. ODNI notifies Intelligence Community (IC) elements of the application for transfer of technology as soon as possible. 1.b. Within 10 business days of initial notification, ODNI identifies, based on the details of the transfer application and availability, an IC point of contact (POC) to provide a response. DOE/ NNSA provides ODNI with any technical reviews or assessments conducted by DOE/NNSA relevant to the technology transfer. 1.c. Within 30 business days of receiving the end user, equipment, and supplier information from DOE/NNSA, ODNI makes its coordinated response available to: DOE/NNSA; DOS; and NRC, DOC, and DoD (collectively herein referred to as the ‘‘Consulting Agencies’’). 2. After the DOE/NNSA technical review is complete, with expected timelines of not more than 60 days for covered foreign countries and 30 days for other destinations, DOE/NNSA transmits through appropriate means the application and DOE/NNSA analysis to DoD, DOC, DOS, and NRC for review. Within 30 days after receipt, DOS and the Consulting Agencies provide their views on the application and analysis. If DOS or a Consulting Agency notifies DOE/NNSA NPAC in writing that additional information is required, NPAC will provide appropriate time for all Consulting Agencies to consider the application and a new time line will be established for reviews based on individual circumstances. Note that the U.S. Government, through DOS, requests foreign government assurances for specific authorizations, and it is the foreign government’s control over how long it may take to deliver these assurances, which may lengthen the time line for interagency review beyond the expected 30 days. 3. Within 100 days following the completion of the interagency consultations, NPAC provides the Secretary of Energy with a recommendation for action on the application, including the views of DOS, the Consulting Agencies, and ODNI, if applicable. In the event that any such agencies recommend further consideration this timeline may be extended. Information provided to DOE in connection with these procedures may be marked or otherwise identified as business proprietary and/or personally identifiable information and would be VerDate Sep<11>2014 22:00 Nov 11, 2016 Jkt 241001 subject to protection in accordance with applicable law and Executive Orders. Such information would be made available within the respective agencies only to those personnel who have a need to know for the purpose of reviewing applications for exports of unclassified nuclear technology and assistance under section 57b.(2) of the Atomic Energy Act of 1954, as amended, and otherwise disclosed only with the express consent of DOE/NNSA or when such disclosure is required by law. Dated: November 2, 2016. Kasia Mendelsohn, Associate Deputy, Administrator, Office of Nonproliferation and Arms Control, National Nuclear Security Administration. Department of Energy. Richard J.K. Stratford, Director, Office of Nuclear Energy, Safety and Security, Bureau of International Security and Nonproliferation, Department of State. Matthew Borman, Deputy Assistant Secretary, Office of Export Administration, Bureau of lndustry and Security, Department of Commerce. [FR Doc. 2016–27409 Filed 11–14–16; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Dated: November 7, 2016. Kimberly D. Bose, Secretary. [Project No. 2850–023] Hampshire Paper Company, Inc., KE Emeryville, LLC; Notice of Application for Transfer of License and Soliciting Comments, Motions To Intervene, and Protests On October 24, 2016, Hampshire Paper Company, Inc. (transferor) and KE Emeryville, LLC (transferee) filed an application for the transfer of license of the Emeryville Hydroelectric Project No. 2850. The project is located on the Oswegatchie River in St. Lawrence County, New York. The project does not occupy Federal lands. The applicants seek Commission approval to transfer the license for the Emeryville Hydroelectric Project from Hampshire Paper Company, Inc. to KE Emeryville, LLC. Applicants Contact: For transferor: Mr. Charles Wemyss, Hampshire Paper Company, Inc., c/o Pierce Atwood, LLP, 254 Commercial Street, Portland, ME 04101, Email: cwemyss@oswpower.com and Mr. Christopher Howard, Pierce Atwood, LLP, Merrill’s Wharf, 245 Commercial Street, Portland, ME 04101, Email: choward@pierceatwood.com. For ´ ´ transferee: Mr. Frederic Boucher, KE Emeryville, LLC, 37 Alfred A. Plourde PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 Parkway, Suite 2, Lewiston, ME 04240, Email: Frederic.boucher@kruger.com and Ms. Heather J. Haney, Kaplan Kirsch & Rockwell, 1675 Broadway, Suite 2300, Denver, CO 80202, Email: hhaney@kaplankirsch.com. FERC Contact: Patricia W. Gillis, (202) 502–8735, patricia.gillis@ferc.gov. Deadline for filing comments, motions to intervene, and protests: 30 days from the date that the Commission issues this notice. The Commission strongly encourages electronic filing. Please file comments, motions to intervene, and protests using the Commission’s eFiling system at http://www.ferc.gov/docsfiling/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http:// www.ferc.gov/docs-filing/ ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov, (866) 208–3676 (toll free), or (202) 502–8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. The first page of any filing should include docket number P–2850–023. [FR Doc. 2016–27381 Filed 11–14–16; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL17–15–000] Big Rivers Electric Corporation v. Midcontinent Independent System Operator, Inc.; Notice of Complaint Take notice that on November 4, 2016, pursuant to section 206 of the Federal Power Act, 16 U.S.C. 824e, and Rules 206 and 212 of the Federal Energy Regulatory Commission’s (Commission) Rules of Practice and Procedure, 18 CFR 385.206 and 385.212 (2016), Big Rivers Electric Corporation (Complainant) filed a formal complaint against Midcontinent Independent System Operator, Inc. (Respondent) alleging that Respondent’s application of the relevant Open Access Transmission, Energy and Operating Reserves Markets Tariff provisions to Complainant is not just and reasonable, all as more fully explained in the complaint. E:\FR\FM\15NON1.SGM 15NON1

Agencies

[Federal Register Volume 81, Number 220 (Tuesday, November 15, 2016)]
[Notices]
[Pages 80051-80052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27409]


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DEPARTMENT OF ENERGY

National Nuclear Security Administration

DEPARTMENT OF STATE

DEPARTMENT OF COMMERCE


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

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

ACTION: Notice.

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

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

DATES: Effective: November 15, 2016.

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

SUPPLEMENTARY INFORMATION: 

Background

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

Amended Procedure

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

[[Page 80052]]

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

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