Assistance to Foreign Atomic Energy Activities; Secretarial Determination, 6243-6244 [2023-01958]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Notices]
[Pages 6243-6244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01958]


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DEPARTMENT OF ENERGY


Assistance to Foreign Atomic Energy Activities; Secretarial 
Determination

AGENCY: National Nuclear Security Administration (NNSA), Department of 
Energy (DOE).

ACTION: Notice.

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SUMMARY: On December 29, 2022, the Secretary of Energy (Secretary) 
issued a determination revoking the general authorizations for exports 
of controlled nuclear technology and assistance to Colombia and Egypt 
under DOE's regulation on Assistance to Foreign Atomic Energy 
Activities. Accordingly, DOE is publishing this determination.

FOR FURTHER INFORMATION CONTACT: Ms. Katie Strangis, Deputy Director, 
Office of Nonproliferation and Arms Control (NPAC), National Nuclear 
Security Administration, Department of Energy, 1000 Independence Avenue 
SW, Washington, DC 20585, telephone (202) 586-8623; Mr. Thomas Reilly, 
Office of the General Counsel, GC-74, Department of Energy, 1000 
Independence Avenue SW, Washington, DC 20585, telephone (202) 586-3417; 
or Mr. Zachary Stern, Office of the General Counsel, National Nuclear 
Security Administration, Department of Energy, 1000 Independence Avenue 
SW, Washington, DC 20585, telephone (202) 586-8627.

SUPPLEMENTARY INFORMATION: On December 29, 2022, the Secretary issued a 
determination revoking the general authorizations for exports to 
Colombia and Egypt of controlled nuclear technology and assistance. The 
text of the determination is reprinted below. The Atomic Energy Act of 
1954, as amended (42 U.S.C. 2077) (AEA), enables peaceful nuclear trade 
by helping to assure that nuclear technologies exported from the United 
States will not be used for non-peaceful purposes.
    Part 810 of title 10, Code of Federal Regulations (part 810) 
implements section 57 b.(2) of the AEA, pursuant to which the Secretary 
has granted a general authorization for certain categories of 
activities which the Secretary has found to be non-inimical to the 
interest of the United States--including assistance or transfers of 
technology to the ``generally authorized destinations'' listed in 
appendix A to part 810. Section 810.10 authorizes the Secretary to 
revoke any general or specific authorization.

Signing Authority

    This document of the Department of Energy was signed on January 25, 
2023, by Katie D. Strangis, Deputy Director, Office of Nonproliferation 
and Arms Control, National Nuclear Security Administration, pursuant to 
delegated authority from the Secretary of Energy. That document with 
the original signature and date is maintained by DOE. For 
administrative purposes only, and in compliance with requirements of 
the Office of the Federal Register, the undersigned DOE Federal 
Register Liaison Officer has been authorized to sign and submit the 
document in electronic format for publication, as an official document 
of the Department of Energy. This administrative process in no way 
alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC on January 26, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

Appendix

    Set forth below is the full text of the Secretarial 
Determination:

Determination and Revocation of General Authorizations Pursuant to 
Department of Energy Regulations at 10 CFR Part 810 Regarding Exports 
of Nuclear Technology and Assistance to Colombia and Egypt

    Having considered the Department of Energy's National Nuclear 
Security Administration (DOE/NNSA) recommendation of revocation, I 
have determined pursuant to 10 CFR 810.10(c) that general 
authorizations for exports of Part 810--controlled nuclear 
technology and assistance to Colombia and Egypt no longer meet the 
non-inimicality standard specified in section 57 b.(2) of the Atomic 
Energy Act of 1954, as amended.
    Whether a destination is determined to be generally or 
specifically authorized depends on a number of factors, including 
the existence of a bilateral peaceful nuclear cooperation agreement 
(``123 agreement'') with the United States. The U.S.-Colombia 123 
Agreement expired on September 17, 2013. The U.S.-Egypt 123 
Agreement expired on December 31, 2021. In the absence of 123 
agreements with Colombia and Egypt, I have determined that the 
general authorizations for exports of Part 810--controlled nuclear 
technology and assistance to Colombia and Egypt no longer meet the 
non-inimicality standard.
    I therefore revoke the general authorizations for exports to 
Colombia and Egypt of Part 810--controlled nuclear technology and 
assistance, in accordance with 10 CFR 810.10.
    Accordingly, as of the date on which this determination is 
issued, all exports of Part 810-controlled nuclear technology and 
assistance to Colombia and Egypt that are not eligible for a general 
authorization listed in 10 CFR 810.6(b)-(g) shall require specific 
authorization pursuant to 10 CFR 810.7(a).

[[Page 6244]]

    Persons engaging in activities that were previously generally 
authorized before the date of this determination, but that require 
specific authorization following the revocation of the general 
authorizations for Colombia and Egypt, must request specific 
authorization within 30 days of publication of this determination in 
the Federal Register, and may continue their activities until DOE 
acts on the request.

    Date: December 29, 2022.
Jennifer Granholm,
Secretary of Energy.

[FR Doc. 2023-01958 Filed 1-30-23; 8:45 am]
BILLING CODE 6450-01-P