[Federal Register Volume 66, Number 68 (Monday, April 9, 2001)]
[Rules and Regulations]
[Pages 18401-18402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8634]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 66, No. 68 / Monday, April 9, 2001 / Rules
and Regulations
[[Page 18401]]
DEPARTMENT OF COMMERCE
Bureau of Export Administration
15 CFR Parts 738, 740, 744 and 772
[Docket No. 001212346-0346-01]
RIN 0694-AB50
Addition of Brazil, Latvia, and Ukraine to the Nuclear Suppliers
Group (NSG) and Other Revisions
AGENCY: Bureau of Export Administration, Commerce.
ACTION: Final rule.
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SUMMARY: As a result of the admission of Brazil, Latvia, and Ukraine to
the Nuclear Suppliers Group (NSG), this rule adds Brazil, Latvia, and
Ukraine to Country Group A, Column A:4 (Nuclear Suppliers) and to the
definition of ``Nuclear Suppliers Group.'' On February 12, 1997 (62 FR
6683), BXA published a regulation which removed the license requirement
symbol for Brazil and Ukraine from the Commerce Country Chart, NP
Column 1 (Nuclear Nonproliferation). This rule removes the license
requirement symbol for Latvia from the Commerce Country Chart, NP
Column 1. The Nuclear Supplies Group member countries have agreed to
establish export licensing procedures for the transfer of items
identified on the Annex to the ``Nuclear-Related Dual-Use Equipment,
Materials, and Related Technology List,'' which is published by the
International Atomic Energy Agency.
In addition, Austria, Finland, Ireland and Sweden are added to
``Countries Not Subject to Certain Nuclear End-Use Restrictions in
Sec. 744.2(a)'', because of their commitment to nuclear non-
proliferation.
This action will lessen the administrative burden on U.S.
exporters, by decreasing licensing requirements for exports of items
controlled for Nuclear Nonproliferation (NP) reasons to these
countries.
DATES: This rule is effective April 9, 2001.
FOR FURTHER INFORMATION CONTACT: For questions of a general nature,
call Sharron Cook, Regulatory Policy Division, at (202) 482-2440.
For questions of a technical nature, contact Steve Claggett,
Nuclear Technology Division, at (202) 482-3550.
SUPPLEMENTARY INFORMATION:
Background
As a result of the admission of Brazil, Latvia, and Ukraine to the
Nuclear Suppliers Group (NSG), this rule revises Supplement Number 1 to
part 740, Country Group A, by adding the symbol ``X'' to Column A:4
(Nuclear Suppliers) for Brazil, adding the countries Latvia and Ukraine
to Country Group A, and adding the symbol ``X'' to Column A:4 (Nuclear
Suppliers) for Latvia and Ukraine.
Austria, Finland, Ireland, and Sweden are added to the list of
countries not subject to certain nuclear end-use restrictions in
Sec. 744.2(a) in Supplement Number 3 to part 744. As a matter of
policy, the United States has carried out all significant peaceful
nuclear cooperation (export of nuclear material, reactors, and major
reactor components) with EURATOM (The European Atomic Energy Community)
as a single entity from the beginning of EURATOM's existence.
The United States regards the EURATOM safeguards system as
providing an important means of verifying that nuclear items exported
by the United States are used for exclusively peaceful, non-explosive
purposes.
Lastly, this rule revises the definition for ``Nuclear Suppliers
Group (NSG)'', in part 772, to include Brazil, Latvia, and Ukraine.
Rulemaking Requirements
1. This final rule has been determined not to be significant for
purposes of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. This regulation involves
collections previously approved by the Office of Management and Budget
under control numbers 0694-0088, ``Multi-Purpose Application,'' which
carries a burden hour estimate of 45 minutes per manual submission and
40 minutes per electronic submission. Miscellaneous and recordkeeping
activities account for 12 minutes per submission.
3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 12612.
4. The provisions of the Administrative Procedure Act requiring
notice of proposed rule making, the opportunity for public
participation, and a delay in effective date, are inapplicable because
this regulation involves a military or foreign affairs function of the
United States (see 5 U.S.C. 553(a)(1)). Further, no other law requires
that a notice of proposed rule making and an opportunity for public
comment be given for this rule. Because a notice of proposed rule
making and opportunities for public comment are not required to be
given for this rule by 5 U.S.C. 553, or by any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
Therefore, this regulation is issued in final form. Although there
is no formal comment period, public comments on this regulation are
welcome on a continuing basis. Comments should be submitted to Sharron
Cook, Office of Exporter Services, Bureau of Export Administration,
Department of Commerce, P.O. Box 273, Washington, DC 20044.
List of Subjects
15 CFR Parts 738 and 772
Exports, Foreign trade.
15 CFR Part 740
Administrative practice and procedure, Exports, Foreign trade,
Reporting and recordkeeping requirements.
15 CFR Part 744
Exports, Foreign trade, Reporting and recordkeeping requirements.
Accordingly, parts 738, 740, 744 and 772 of the Export
Administration Regulations (15 CFR parts 730-799) are amended as
follows:
[[Page 18402]]
1. The authority citation for 15 CFR part 738 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; Pub. L. No. 106-508; 50
U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 7430(e); 18 U.S.C.
2510 et seq.; 22 U.S.C. 287c; 22 U.S.C. 3201 et seq.; 22 U.S.C.
6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43
U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; E.O. 12924, 59
FR 43437, 3 CFR, 1994 Comp., p. 917; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; Notice of August 3, 2000 (65 FR 48347, August 8,
2000).
2. The authority citation for 15 CFR parts 740 and 772 is revised
to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; Pub. L. No. 106-508; 50
U.S.C. 1701 et seq.; E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p.
917; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; Notice of
August 3, 2000 (65 FR 48347, August 8, 2000).
3. The authority citation for 15 CFR part 744 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; Pub. L. No. 106-508; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; E.O.
12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR
33181, 3 CFR, 1993 Comp., p. 608; E.O. 12924, 59 FR 43437, 3 CFR,
1994 Comp., p. 917; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; Notice of
November 9, 2000 (65 FR 68063, November 13, 2000); Notice of August
3, 2000 (65 FR 48347, August 8, 2000).
PART 738--[AMENDED]
3a. Supplement No. 1 to part 738 is amended by removing the ``X''
under ``NP 1'' in the ``Nuclear non-proliferation'' column for
``Latvia.''
PART 740--[AMENDED]
4. Supplement Number 1 to part 740 is amended in the table for
Country Group A by adding entries for Latvia and Ukraine in alphabetic
order and revising the entry for Brazil to read as follows:
Supplement No. 1 to Part 740
Country Group A
----------------------------------------------------------------------------------------------------------------
Missile technology Nuclear suppliers
Country control regime Australia group group
[A:1] [A:2] [A:3] [A:4]
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Brazil...................... X X
* * * * * *
*
Latvia...................... X
* * * * * *
*
Ukraine..................... X
* * * * * *
*
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* * * * *
PART 744--[AMENDED]
5. Supplement No. 3 to part 744, Countries Not Subject to Certain
Nuclear End-Use Restrictions in Sec. 744.2(a), is amended by adding the
countries, ``Austria,'' ``Finland,'' ``Ireland,'' and ``Sweden'' in
alphabetical order.
PART 772--[AMENDED]
6. Section 772.1 is amended by revising the definition of ``Nuclear
Suppliers Group (NSG)'' to read as follows:
Sec. 772.1 Definitions of terms as used in the Export Administration
Regulations (EAR).
* * * * *
Nuclear Suppliers Group (NSG). The United States and other nations
in this multilateral control regime have agreed to guidelines for
restricting the export or reexport of items with nuclear applications.
Members include: Argentina, Australia, Austria, Belgium, Brazil,
Bulgaria, Canada, Czech Republic, Denmark, Finland, France, Germany,
Greece, Hungary, Ireland, Italy, Japan, Latvia, Luxembourg, the
Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Korea,
Romania, Russia, Slovak Republic, Spain, South Africa, Sweden,
Switzerland, Ukraine, the United Kingdom, and the United States. See
also Sec. 742.3 of the EAR.
* * * * *
Dated: April 3, 2001.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 01-8634 Filed 4-6-01; 8:45 am]
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