Department of Energy May 21, 2008 – Federal Register Recent Federal Regulation Documents

This notice is being issued under the authority of Section 131 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2160). The Department is providing notice of a proposed ``subsequent arrangement'' under the Agreement for Cooperation in the Peaceful Uses of Nuclear Energy between the United States and Argentina. This subsequent arrangement requests to downblend material subject to an earlier subsequent arrangementpublished in the Federal Register July 9, 2004 (69 FR 41460)to a different level than previously approved. Under the 2004 subsequent arrangement, Comision Nacional de Energia Atomica (CNEA) was approved to downblend material from 89.79% enriched into low-enriched uranium (LEU). Under a contract with DOE's Global Threat Reduction Initiative program, CNEA has submitted the attached request to downblend 304 g of that material to 58% weight of isotope U235 rather than to LEU as originally approved. The material will be fabricated into test plates in Argentina and sent to Idaho National Laboratory for testing and irradiation. The material will remain in the United States after irradiation. In accordance with Section 131 of the Atomic Energy Act of 1954, as amended, we have determined that this subsequent arrangement will not be inimical to the common defense and security. This subsequent arrangement will take effect no sooner than fifteen days after the date of publication of this notice.

The Commission is amending its regulations to expand and clarify the right of an entity to submit a written response to the Commission in the event staff intends to recommend that the Commission initiate a proceeding governed by 18 CFR Part 385, or make the entity a defendant in a civil action to be brought by the Commission. Subjects of investigations currently have the right under 18 CFR 1b.19 to be informed in the latter instance, but only in the event staff finds it appropriate and in the public interest. The amendment would grant that right, for both types of proceedings, in all cases except those in which extraordinary circumstances make prompt Commission review necessary to prevent detriment to the public interest or irreparable harm. The amendment also clarifies the timing requirements for such submissions. These changes codify current staff practice regarding recommendations for orders to show cause, and will allow subjects of investigations a fuller opportunity to present their positions to the Commission.