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[Federal Register: May 18, 2010 (Volume 75, Number 95)]
[Notices]               
[Page 27768]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my10-44]                         

[[Page 27768]]

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DEPARTMENT OF ENERGY

 
Office of International Regimes and Agreements; Proposed 
Subsequent Arrangement

AGENCY: Department of Energy.

ACTION: Subsequent arrangement.

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SUMMARY: This notice has been issued under the authority of section 
131a. of the Atomic Energy Act of 1954, as amended. The Department is 
providing notice of a proposed subsequent arrangement under the 
Agreement for Cooperation Between the Government of the United States 
of America and the Government of India Concerning Peaceful Uses of 
Nuclear Energy (``the 123 Agreement'').
    This subsequent arrangement concerns the Arrangements and 
Procedures Agreed Between the Government of the United States of 
America and the Government of India Pursuant to Article 6(iii) of the 
Agreement for Cooperation Concerning Peaceful Uses of Nuclear Energy 
(``the Arrangements and Procedures''). The Arrangements and Procedures 
are proposed as part of the requirements for bringing into effect the 
rights conveyed by Article 6(iii) of the 123 Agreement regarding 
reprocessing or other alteration in form or content of nuclear material 
transferred pursuant to the 123 Agreement and nuclear material and by-
product material used in or produced through the use of nuclear 
material, non-nuclear material, or equipment so transferred. These 
Arrangements and Procedures establish the conditions under which the 
Government of India may reprocess U.S.-obligated nuclear material 
within India at ``a new national reprocessing facility dedicated to 
reprocessing safeguarded material under International Atomic Energy 
Agency safeguards'' to be established by India. The Arrangements and 
Procedures will apply to the reprocessing of U.S.-obligated nuclear 
material at two such facilities within India. (Subject to the 
processing of additional subsequent arrangements, they may also apply 
to additional reprocessing facilities in the future.) The Arrangements 
and Procedures specify minimum requirements for reprocessing facility 
design, safeguards system design and installation, and implementation 
of IAEA safeguards at such facilities. The Arrangements and Procedures 
also specify an approach to implementation of the obligations in the 
123 Agreement with respect to physical protection and storage of U.S.-
obligated nuclear material at the new reprocessing facilities where 
U.S.-obligated nuclear material may be reprocessed. Finally, the 
Arrangements and Procedures establish a process under which the United 
States may suspend the reprocessing of U.S.-obligated nuclear material 
in India in exceptional circumstances, the circumstances of which are 
described in the Arrangements and Procedures.
    In accordance with section 131a(1) of the Atomic Energy Act of 
1954, as amended, I have determined that this subsequent arrangement is 
not inimical to the common defense and security.
    This subsequent arrangement will take effect no sooner than the 
later of: (1) The lapse of fifteen calendar days after the date of 
publication of this notice; (2) the lapse of fifteen days of continuous 
session after I have provided the Committee on Foreign Affairs of the 
House of Representatives and the Committee on Foreign Relations of the 
Senate a report stating the reasons for entering into this subsequent 
arrangement; and (3) the lapse of thirty days of continuous session 
after I have provided Congress the report required by section 201(b) of 
the United States-India Nuclear Cooperation Approval and 
Nonproliferation Enhancement Act (Pub. L. 110-369). All of these time 
periods will run concurrently.

    Dated: May 11, 2010.
Steven Chu,
Secretary of Energy.
[FR Doc. 2010-11813 Filed 5-17-10; 8:45 am]
BILLING CODE 6450-01-P
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