Order to ConverDyn Suspending Exports of Certain Source Material
| Citation | 85 FR 83629 |
| Published date | 22 December 2020 |
| Record Number | 2020-28160 |
| Section | Notices |
| Court | Nuclear Regulatory Commission |
Federal Register, Volume 85 Issue 246 (Tuesday, December 22, 2020)
[Federal Register Volume 85, Number 246 (Tuesday, December 22, 2020)]
[Notices]
[Pages 83629-83630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28160]
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NUCLEAR REGULATORY COMMISSION
[NRC-2020-0271]
Order to ConverDyn Suspending Exports of Certain Source Material
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
order to ConverDyn suspending its authority to export certain source
material to the United Kingdom (U.K.). This suspension is required due
to the U.K.'s exit from the European Atomic Energy Community (EURATOM).
Exports of EURATOM-obligated and Canadian-obligated source material to
the U.K. are currently not authorized.
DATES: This Order is effective on January 1, 2021.
ADDRESSES: Please refer to Docket ID NRC-2020-0271 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly available information related to this document
using any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0271. Address
questions about Docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected]. The ADAMS accession number for each
document referenced (if it is available in ADAMS) is provided the first
time that it is mentioned in this document.
Attention: The PDR, where you may examine, and order
copies of public documents is currently closed. You may submit your
request to the PDR via email at [email protected] or call 1-800-397-
4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lauren Mayros, Office of International
Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-287-9088, email: [email protected].
SUPPLEMENTARY INFORMATION: The United States engages in significant
nuclear cooperation with other nations, including the authorized
distribution of source material, pursuant to the terms of an Agreement
for Cooperation in Peaceful Uses of Nuclear Energy (123 Agreement).
ConverDyn currently holds two specific licenses, XSOU8846/01 and
XSOU8789/07, authorizing the export of source material to several
countries including the U.K. ConverDyn's export licenses were issued
under the legal framework of the 123 Agreement between the U.S. and
EURATOM.
On December 31, 2020, the U.K. will exit from EURATOM, and on
January 1, 2021, a 123 Agreement between the U.S. and the U.K. will
enter into force. The U.S. Government has already made arrangements
with the Government of the U.K. for this transition to occur on January
1, 2021 for all NRC-licensed exports to the U.K. However, beginning on
January 1, 2021, the NRC is currently unable to authorize the export of
EURATOM-obligated and Canadian-obligated material from the U.S. to the
U.K., until pre-approval to retransfer such material to the U.K. is
received from EURATOM or the Canadian government, respectively.
This suspension is required as an operation of law and only applies
to exports of EURATOM-obligated or Canadian-obligated source material
to the U.K. The NRC is reproducing the text of the order as an
attachment to this Federal Register notice.
Dated: December 17, 2020.
For the Nuclear Regulatory Commission.
Nader L. Mamish,
Director, Office of Internal Programs.
Attachment--Order Suspending Export Licenses
Order Modifying Licenses To Suspend Certain Exports to the United
Kingdom
(Effective January 1, 2021)
I
ConverDyn (or ``the licensee'') holds specific licenses XSOU8846/01
and XSOU8789/07 issued by the U.S. Nuclear Regulatory Commission (NRC)
pursuant to Sections 62 and 127 of the Atomic Energy Act of 1954, as
amended (AEA) and 10 CFR part 110. These specific licenses authorize
the export of source material to France, Germany, the Netherlands, and
the United Kingdom (U.K.) under the terms of an Agreement for
Cooperation in Peaceful Uses of Nuclear Energy (123 Agreement) between
the United States (U.S.) and the European Atomic Energy Community
(EURATOM).
II
On December 31, 2020, the formal transition period marking the
United Kingdom's (U.K.) exit from the European Union (EU) will end. On
this date, the U.K. will also exit from EURATOM. On January 1, 2021,
the U.S./U.K.123 Agreement will enter into force. At that time,
ConverDyn's export licenses, XSOU8846/01 and XSOU8789/07 will authorize
exports to France, Germany, and the Netherlands under the legal
framework of the U.S./EURATOM 123 agreement and will authorize exports
to the U.K. under the legal framework of the U.S./U.K. 123 Agreement.
After the U.K. exits EURATOM, the NRC is prohibited from authorizing
any exports of EURATOM-obligated material from the U.S. to the U.K.
until EURATOM, pursuant to the U.S./EURATOM 123 agreement, provides its
pre-approval to retransfer EURATOM-obligated material from the U.S. to
the U.K. The NRC is likewise prohibited from authorizing any exports of
Canadian-obligated material from the U.S. to the U.K. until the
Government of Canada, pursuant to the U.S./Canada 123 Agreement,
provides its pre-approval to retransfer Canadian-obligated material to
the U.K.
The U.S. Government has already made arrangements with the
Government of the U.K. for the transition from the U.S./EURATOM 123
Agreement to the U.S./U.K. 123 Agreement to automatically occur on
January 1, 2021, for all NRC-approved export licenses to the U.K.
However, the
[[Page 83630]]
U.S. Government cannot authorize the export of EURATOM-obligated or
Canadian-obligated material from the U.S. to the U.K. without prior
approval for retransfer from EURATOM or the Canadian government,
respectively. Therefore, beginning on January 1, 2021, ConverDyn will
no longer be authorized to export EURATOM-obligated and Canadian-
obligated material to the U.K. under licenses XSOU8846/01 and XSOU8789/
07 until such prior approval is received.
III
Accordingly, pursuant to Sections 62, 64, 123, 127, 161b, 161i,
183, and 186 of the AEA, and 10 CFR 110.50(a)(1) and (2) and 110.52, IT
IS HEREBY ORDERED, EFFECTIVE January 1, 2021, THAT LICENSES XSOU8846/01
AND XSOU8789/07 ARE MODIFIED AS FOLLOWS:
A. The licensee's authorization to export EURATOM-obligated
material to the U.K. is suspended, and such exports are prohibited,
until the licensee receives notice from the NRC that the United
States Government has obtained EURATOM's pre-approval, pursuant to
the U.S./EURATOM 123 Agreement, to retransfer EURATOM-obligated
material to the U.K. When the licensee receives such notice from the
NRC, this provision of the Order will expire without any further
action by the NRC.
B. The licensee's authorization to export Canadian-obligated
material to the U.K. is suspended, and such exports are prohibited,
until the licensee receives notice from the NRC that the United
States Government has obtained Canada's approval, pursuant to the
U.S./Canada 123 Agreement, to retransfer Canadian-obligated material
to the U.K. When the licensee receives such notice from the NRC,
this provision of the Order will expire without any further action
by the NRC.
The NRC finds that this action is required by operation of law and
the common defense and security of the United States. Therefore, in
accordance with 10 CFR 110.52(c), the licensee need not be afforded an
opportunity to reply and be heard prior to issuance of this Order.
For the Nuclear Regulatory Commission
Nader L. Mamish,
Director, Office of International Programs.
Dated at Rockville, Maryland this 16th day of December 2020.
[FR Doc. 2020-28160 Filed 12-21-20; 8:45 am]
BILLING CODE 7590-01-P
