The U.S. Department of Energy (DOE) will issue a Supplemental Notice of Proposed Rulemaking (SNOPR) to update the existing regulations at 10 CFR Part 810. The SNOPR responds to comments received by DOE on the Notice of Proposed Rulemaking (NOPR) published on September 7, 2011 (76 FR 55278).
The Part 810 regulations implement section 57 b.(2) of the Atomic Energy Act of 1954, as amended by section 302 of the Nuclear Nonproliferation Act of 1978, and control the export of unclassified nuclear technology and assistance. These regulations enable civil nuclear trade by ensuring that nuclear technologies and assistance exported from the United States will be used for peaceful purposes. Part 810 regulations differentiate activities that require “specific authorization” by the Secretary of Energy from those that can be “generally authorized” by the Secretary.
The SNOPR proposes to update the Part 810 regulations to ensure that U.S. nuclear export controls remain effective and efficient as the civil nuclear marketplace continues to expand consistent with current global civil nuclear trade practices and global nonproliferation norms. Among other things, the SNOPR updates the activities and destinations subject to specific authorization and DOE reporting requirements. Proposed revisions to the current Part 810 regulations also will more effectively support U.S. companies seeking to engage in civil nuclear trade in the global marketplace by creating a licensing process that is more efficient, transparent, timely, and predictable.
DOE, in consultation with the Department of Commerce, developed an economic impact analysis to determine the effects of the proposed changes (if adopted). The analysis forecasted that the technology export markets that would be positively affected by this change would be larger than those that would be adversely affected by the change in export destination classification. To view this report, please follow the link below.
As with the 2011 NOPR, DOE welcomes comments from all interested parties during the ninety-day comment period. Comments should be submitted pursuant to directions in the SNOPR.
Download the Economic Analysis
Download the Part 810 SNOPR
Aug. 5, 2013 public meeting slide deck
Nov. 18, 2013 public meeting slide deck
Federal Registrar notice for second public meeting and extended comment period
Proposed changes to DOE Part 810 (condensed for easier printing)