[Federal Register: March 5, 2004 (Volume 69, Number 44)]
[Notices]
[Page 10440-10441]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05mr04-68]
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DEPARTMENT OF ENERGY
National Nuclear Security Administration
Presidential Directed Mission Requiring Authorization of National
Security Provisions
AGENCY: National Nuclear Security Administration, Department of Energy.
[[Page 10441]]
ACTION: Notice of emergency action.
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SUMMARY: The U.S. Department of Energy (DOE) is issuing this notice of
emergency action regarding its authorization of national security
provisions related to a recent U.S. mission to assist the Libyan
government in reducing its inventories of proliferation-sensitive
nuclear materials. On January 27, 2004, a U.S.-led team of policy and
technical experts successfully extracted from Libya some of its nuclear
materials. In order to expedite the removal of these materials from the
site, the National Nuclear Security Administration (NNSA) Administrator
invoked the national security provisions of 49 CFR 173.7(b) and
exempted the transport from DOE Order 461.1, Packaging and Transfer of
Materials of National Security Interest, thereby allowing the shipment
of items by air to the McGhee Tyson Airport at Knoxville, TN and from
there to the Y-12 National Security Complex at Oak Ridge, TN by land
transport. The shipment included four cylinders of uranium hexafluoride
(UF6) of varying enrichment levels.
DOE would normally prepare an Environmental Assessment or
Environmental Impact Statement analyzing this shipment pursuant to its
National Environmental Policy Act (NEPA) implementing regulations (10
CFR part 1021). However, due to the urgent and classified nature of the
actions required to perform this mission, DOE consulted with the
Council on Environmental Quality about alternative arrangements with
regard to NEPA compliance for its authorization of national security
provisions pursuant to the Council NEPA regulation at 40 CFR 1506.11.
This notice is issued pursuant to the requirements of 10 CFR 1021.343.
FOR FURTHER INFORMATION CONTACT: For further information on these
activities or other information related to this notice, contact:
William O'Connor, NNSA, Office of Safeguards (NA-243), 1000
Independence Avenue, SW., Washington, DC 20585, (202) 586-4867.
For information on the DOE National Environmental Policy Act (NEPA)
process, contact: Carol M. Borgstrom, Director, Office of NEPA Policy
and Compliance (EH-42), U.S. Department of Energy, 1000 Independence
Avenue, SW., Washington, DC 20585, (202) 586-4600, or leave a message
at (800) 472-2756.
SUPPLEMENTARY INFORMATION: On December 19, 2003, in a decision
announced by the United States, the United Kingdom, and Libya, the
Libyan government agreed to disclose all its weapons of mass
destruction and related programs and to open the country to
international weapons inspectors to oversee their elimination. In order
to assist Libya in the reduction of its proliferation-sensitive
materials, the United States, United Kingdom and the International
Atomic Energy Agency (IAEA) sent a team of policy and technical experts
to Libya. On January 27, 2004, this team, with the full cooperation of
the Libyan government, successfully extracted 55,000 pounds of nuclear
material and other sensitive equipment from Libya. This shipment
included four cylinders of uranium hexafluoride (UF6) that
required a National Security Exemption under DOE Order 461.1, Packaging
and Transfer of Materials of National Security Interest, because the
containers were not certified under 49 CFR 173.7(b). The equipment and
materials were airlifted out of Libya and brought to the McGhee Tyson
Airport in Knoxville, TN. The nuclear cargo then was transported to the
Y-12 National Security Complex in Oak Ridge, TN for International
Atomic Energy Agency (IAEA) inspection and to prepare cylinders for
transport to their final destination.
This material was moved as part of a Presidential directed mission.
There was insufficient time between the President's directive and the
expected movement of the material to conduct an environmental review;
hence, the need for alternative arrangements with regard to NEPA
compliance. The NNSA Administrator was provided with a classified
environmental review contained in an Appendix to a draft Environmental
Impact Statement which bounded the accident scenarios. Following
review, the NNSA Administrator invoked the national security provisions
of 49 CFR 173.7(b) and exempted this transport from DOE Order 461.1,
thereby allowing shipment of these items by air to the McGhee Tyson
Airport and from there to their destination by land transport.
The Council on Environmental Quality (CEQ) and the Environmental
Protection Agency were briefed in advance of the mission. CEQ found the
NNSA's request for alternative arrangements was appropriately limited
to the actions necessary to address the immediate impacts and risks
associated with this emergency. Based on the briefing that DOE
personnel provided, and their commitment to outreach to EPA and
appropriate First Responders, CEQ concluded that the NNSA's assessment
of the environmental impact of the proposed action, including
incorporation of an existing classified analysis of a similar scenario,
provided sufficient alternative arrangements for NEPA compliance. The
CEQ also was briefed following the completion of the mission.
The expedited removal of these materials from Libya was consistent
with national security goals related to the consolidation, storage, and
disposition of potential weapons-usable materials and supports the
nonproliferation policies of the United States. Granting this national
security exemption supported the expedited removal of the material
consistent with the nonproliferation goals of the Department of Energy
and the President of the United States.
The Y-12 Site Office ensured that the following conditions were
met: First responders at McGhee Tyson Airport were notified of the
timing and nature of the shipment. The shipment was escorted by
personnel specifically designated by or under the authority of the
Department of Energy.
The materials arrived at Y-12 without incident and accordingly
without any environmental consequences and will be stored there pending
IAEA inspection and shipment to the Portsmouth Gaseous Diffusion Plant,
Piketon, OH.
Issued in Washington, DC, on February 27, 2004.
Henry K. Garson,
Associate General Counsel, National Nuclear Security Administration.
[FR Doc. 04-5017 Filed 3-4-04; 8:45 am]
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