[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:
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#014b646f6f686764732f436e73666472416f73622f666e77"><span class="__cf_email__" data-cfemail="97ddf2f9f9fef1f2e5b9d5f8e5f0f2e4d7f9e5f4b9f0f8e1">[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#f1819583df8394829e84839294b19f8392df969e87"><span class="__cf_email__" data-cfemail="e2928690cc9087918d97908187a28c9081cc858d94">[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#8fffebfda1fdeafce0fafdeceacfe1fdeca1e8e0f9"><span class="__cf_email__" data-cfemail="1f6f7b6d316d7a6c706a6d7c7a5f716d7c31787069">[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.

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#93dff2e6e1f6fdbddef2eae1fce0d3fde1f0bdf4fce5"><span class="__cf_email__" data-cfemail="a6eac7d3d4c3c888ebc7dfd4c9d5e6c8d4c588c1c9d0">[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). 
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


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