Assistance to Foreign Atomic Energy Activities; Secretarial Determination, 6247 [2023-01960]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Notices]
[Page 6247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01960]


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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 modifying the generally authorized destination 
status of Mexico for exports of controlled nuclear technology and 
assistance 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 expanding Mexico's generally authorized destination 
status to cover the full scope of exports 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.

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 Authorization Pursuant to Section 57 b.(2) of the 
Atomic Energy Act of 1954, as Amended, Regarding Exports of Nuclear 
Technology and Assistance to Mexico

    Having considered the Department of Energy's National Nuclear 
Security Administration (DOE/NNSA) recommendation, the Department of 
State's concurrence, and the consultations with the Departments of 
Defense and Commerce and the Nuclear Regulatory Commission, I have 
determined pursuant to section 57 b.(2) of the Atomic Energy Act of 
1954, as amended, that a general authorization under DOE regulations 
at 10 CFR part 810 (Part 810) for exports of Part 810--controlled 
nuclear technology and assistance to Mexico will not be inimical to 
the interest of the United States, provided that no sensitive 
nuclear technology or assistance described in 10 CFR 810.7 is 
involved.
    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.-Mexico 123 
Agreement entered into force on November 2, 2022. As such, and in 
consideration of relevant factors, I have determined that expanding 
Mexico's generally authorized status to cover the full scope of 
exports of Part 810-controlled nuclear technology and assistance to 
Mexico under 10 CFR 810.6(a) meets the non-inimicality standard.
    I therefore modify Mexico's status as a generally authorized 
destination under 10 CFR 810.6(a) to remove the current restriction 
to activities related to INFCIRC/203 Parts 1 and 2 and INFCIRC/825.
    Accordingly, as of the date on which this determination is 
issued, all currently issued specific authorizations pursuant to 10 
CFR 810.7(a) of exports of Part 810--controlled nuclear technology 
and assistance to Mexico are eligible for the general authorization 
under 10 CFR 810.6(a), subject to the reporting requirements 
described in 10 CFR 810.12(e). Initial reporting in accordance with 
10 CFR 810.12(e) may also serve to satisfy reporting requirements 
under 10 CFR 810.12(b) if specified accordingly. Activities subject 
to 10 CFR 810.7(b)-(c) continue to require specific authorization.

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

[FR Doc. 2023-01960 Filed 1-30-23; 8:45 am]
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