[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Notices]
[Pages 84014-84015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28265]


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NUCLEAR REGULATORY COMMISSION

[NRC-2020-0270]


Order To Transport Logistics International 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 Transport Logistics International (TLI) 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-2020-0270 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:
    <bullet> Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0270. Address 
questions about Docket IDs in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; email: <a href="/cdn-cgi/l/email-protection#6d27080303040b081f432f021f0a081e2d031f0e430a021b"><span class="__cf_email__" data-cfemail="642e010a0a0d0201164a260b16030117240a16074a030b12">[email protected]</span></a>. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#39495d4b174b5c4a564c4b5a5c79574b5a175e564f"><span class="__cf_email__" data-cfemail="c9b9adbbe7bbacbaa6bcbbaaac89a7bbaae7aea6bf">[email protected]</span></a>. 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.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#1b6b7f6935697e68746e69787e5b756978357c746d"><span class="__cf_email__" data-cfemail="e8988c9ac69a8d9b879d9a8b8da8869a8bc68f879e">[email protected]</span></a> or call 1-800-397-4209 
between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except 
Federal holidays.

[[Page 84015]]


FOR FURTHER INFORMATION CONTACT: Lauren Mayros, Office of International 
Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-287-9088, email: <a href="/cdn-cgi/l/email-protection#5b173a2e293e3575163a222934281b352938753c342d"><span class="__cf_email__" data-cfemail="e5a9849097808bcba8849c978a96a58b9786cb828a93">[email protected]</span></a>.

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). TLI currently holds a 
specific license, XSOU8839/01, authorizing the export of source 
material to several countries including the U.K. TLI's export license 
was issued under the legal framework of a 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 International Programs.

Attachment--Order Suspending Export Licenses

ORDER MODIFYING LICENSE TO SUSPEND CERTAIN EXPORTS TO THE UNITED 
KINGDOM

(EFFECTIVE January 1, 2021)

I
    Transport Logistics International (``TLI'' or ``the licensee'') 
holds a specific license (XSOU8839/01) 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. This 
specific license authorizes the export of source material to 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 
U.K.'s 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, TLI's export license 
XSOU8839/01 will authorize exports to 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 United States 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 U.S. Government cannot authorize the export of EURATOM-
obligated or Canadian-obligated material from the U.S. to the U.K. 
without pre-approval for retransfer from EURATOM or the Canadian 
government, respectively. Therefore, beginning on January 1, 2021, TLI 
will no longer be authorized to export EURATOM-obligated and Canadian-
obligated material to the U.K. under license XSOU8839/01 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 license XSOU8839/01 
is 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 pre-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. 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.

    Dated at Rockville, Maryland this 17th day of December 2020.

    For the Nuclear Regulatory Commission.
Nader L. Mamish,
Director Office of International Programs.
[FR Doc. 2020-28265 Filed 12-22-20; 8:45 am]
BILLING CODE 7590-01-P


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