View source for IA-87-288, Partially Withheld Secy Informing Commission of Receipt of Executive Branch Views on Pending South African U Import License Applications

{{Adams
| number = ML20236F390
| issue date = 03/30/1987
| title = Partially Withheld Secy Informing Commission of Receipt of Executive Branch Views on Pending South African U Import License Applications
| author name = Stello V
| author affiliation = NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
| addressee name = 
| addressee affiliation = 
| docket = 
| license number = 
| contact person = 
| case reference number = FOIA-87-288, TASK-PII, TASK-SE
| document report number = SECY-87-086, SECY-87-86, NUDOCS 8708030322
| package number = ML20236F271
| document type = COMMISSION PAPER, TEXT-SAFETY REPORT
| page count = 16
}}

=Text=
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l March 30, 1987
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(Information)                                                       i i
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The Comission from:
Victor Stello, Jr.
Executive Director for Operations                                   *

==Subject:==

Purpose
        -~~~'~~:                    SOUTH AFRICAN URANIUM IMPORT LICENSE Backoround:
Branch's views on the pending South Af                            .
                          ~
i As discussed in SECY-87-33 eight applications for spec,ific licenses to imthe Commission ha has been subsequently withdrawn).                             South African-10-87-004 i
While awaiting receipt of the Executive Br                       .
I the Commission has received an intervention petition           ,                        '
requesting that the applications be denied.
In accordance with standard procedures, the Office                      of the General Cou has prepared coments on the intervention petition              , on and March          19,  filed the interested parties. them    with  the  Comission           and     served      the
      ~ Discussion:    ~
In accordance export                       with 5110.84
                                                / import licensing                 d) of the reg (ulations,       theCommission' Comission cannot take action on an intervention petition until after on      the receipt l           and review of the Executive Branch's ' views                1 however,icenseapplicationsinvolved(itshouldbenoted, i-that receipt of such views in import licensing                       ;
proceedings is not required by the Atomic Energy Act of 195                        ,
or the Non-Proliferation Branch's      vi..   .4            Act of'1978).
The Execu A..endix A
                                                                -en ree-ived .nd .     , tive . .
s         -
p, CONTACT:                                                                                                     i Marvin ."eterson, 10 49-27866                                                                                           l I
Information in this record was deleted lgBoggja              070730                 in accordance with the Fr
, TROSTENG7-28C               PM                Act exemptions [eedom 0f Information
__                                  /v

                              ~
The Commission                              2 s
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                                                                                   /
                                                      /            J bb fictorSt'el',Jr.
Executive Director for Operations     !
o       Appendices:
[N      A. Executive Branch Views B. Treasury Department Regulations

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United States Department of State Washington. D.C. EOMO
               . r..s 4 BUREAU OF OCEANS AND INTERNATIONAL           gg M,m j p o l 'i5 ENVIRONMENT /.L AND SCIENTIFIC AFFAIRS March 17, 1987
[. 1 Mr. James 9. Shea Director of International Programs United States Nuclear Regulatory Commission                       $$IN    7                             j Bethesda, Maryland

==Dear Mr. Shea:==

This letter is in response to the letter from your office dated January 8, 1987, requesting Executive Branch views as to whether issucnce of an import license in accordance with the application hereinafter described                                                                                    :
meets the applicable criteria of the Comprehensive Anti-Apartheid Act of 1986, and specifically, Section 309 (a) of the Act:
NRC No. 10-87-001 -- Application by Braunkohle Transport USA for authorization to import 500,000 kilograms of U308 uranium ore concentrate of South African origin for further processing and re-export.
The Executive Branch has reviewed the application and concluded that the import would not be contrary to the provisions of the Comprehensive Anti-Apartheid Act of 1986, including Section 309(a) of the Act, with the following proviso. The Executive Branch notes that no information has been provided by the applicant regarding whether the uranium ore has been produced, marketed or otherwise exported by a parastatal organization of South Africa. If a parastatal organization of South Africa produced, marketed or otherwise exported the material covered by this import application, it is the view of the Executive Branch that the import must be pursuant to a contract entered into prior to August 15, 1986 and occur by April 1, 1987.
On the basis of the foregoing, the Executive Branch recommends that the license be issued.
Sincerely, f h Y 4 # A C.
Fred McGoldrick, Acting' Deputy Assistant Secretary Nuclear Energy & Energy Technology Programs

                ..    ,.                                United States Department of State y,'f,il                                    Washinpon. D.C. 20520
                   %s BUREAU OF OCEANS AND INTERNATIONAL             p ENVIRONMENTAL AND SCIENTIFIC AFFAIRS                   2$
March 17, 1987       ?}
Mr. James R. Shea                                                  -
Dir e ct or of International Prog rams                                    ,
United States Nuclear Regulatory Commission            _-                 3 Bethesda, Maryland                                     AN         dOk     . . .
1

==Dear Mr . Shea:==
I l
This letter is in re sponse to th e le t te r fr om yo ur of fice da ted January 8, 1987, requesting );;cutive Branch views as t o w het her is suance of an impor t license in accordance wi th th e                   ,
application hereinafter described meets the applicable criteri a                    {
of the Comprehensive An ti-Apar theid Ac t of 1986, and specifically, Section 3 09 (a) of the Act:                                        -
N RC No . IU-87-002 -- Applica tion by Br aunkohle Tr ansport                  i 1
USA for authorization to import 1,000,000 kilograms of                          I n atur al ur anium of South Af rican or igin in th e fo rm of uranium hexafluoride. Half of the material is intended for u se in light water reactor s in the U.S.: the ot her ha lf is intended f or foreign use.
l The Executive Br anch has reviewed the application and                         j c oncluded that the import would not be contrary to the                             '
p rovisions of th e Compr ehen sive An ti- Apartheid Ac t of 1986, including Section 309(a) of the Act, with the followi ng                            !
proviso. The Ex ecutive Br anch notes that no in f ormation ha s                    i been provided by the applicant regarding whether the uranium                        I had been produced, ma r ke ted or otherwise exported by a parastatal organization of South Africa. If a parastata l                            I organization of So uth Af rica pr oduced, marketed or otherwise ex por t ed the material covered by this import application, it i s t he view o f th e Ex ecu t ive Br anch th a t the import mu s t be pu r su ant to a contr act entered into prior to August 15, 1986 a nd occur by Ap r il 1,    1987.
On th e ba sis o f th e fo r egoing , the Executive Br anch recommends that the license be issued.
S i ncer ely ,
Nd ilh.2ky ,w-f Fr ed McGoldrick, Acting D epu ty As sis tant Secretary Nuclear Energy & Ene rgy Technology Programs

                                                                                                                                              \
                                            ._ y .                                  United States Department of State (U7J;* Vl Washington, D.C. 20520 BUR' EAU OF OCEANS AND INTERNATIONAL ENVIRONMENTAL AND SCIENTIFIC AFFAIRS                M    3         { %C3 March 17, 1987.T 3
Mr. James R. Shea                                                                                                N Director of International Programs                                                                              p                  %
United States Nuclear Regulatory Commission                                                                     ' -s Bethesda, Maryland                                                                                              y                           j

==Dear Mr . Sh ea:==
                                                                                                }
This letter is in re sponse to the le tter from your of fice j                                            .
dated January 8, 1987, requesting Executive Branch views as to                                                                            .!
w he the r is suance of an impor t license in accordance with the                                                                           j application hereinaf ter described meets the applicable criteri a                                                                            4 of the Compt ebens ive An ti-Apar theid Ac t of 19 86, . and specifically, Section 309 (a) of the Ac t:                                                                                                   )
NRC tb . IU 003 -- Applica tion by Br a unkohle Tr anspor t USA for authorization to import up to 25,000 kilograms o f U-23 5 contained in 500,000 kilograms of ur anium of So uth Af rican origin in the form of uranium hexafluoride enriche d to a maximum of five pe rcen t. Half of th e ma ter ial is                                                 j intended for use in light water reactors in the U.S.: the                                                  i o the r half is intended for foreign use.
The Executive Branch has reviewed the application and concluded that the impor t would not be contrary to the provisions of the Comprehensive Anti-Apartheid Act of 1986, including Section 309(a) of th e Ac t, wi th th e following proviso. The Executive Branch notes that no information has been provided by the applicant regarding whether the ur anium                                                                                 l had been produced, marketed or otherwise exported by a parastatal or ganization of South Af rica. If a parastatal organization of Scech Africa produced, marketed or otherwise e xpor ted th e mater ial cover ed by this impor t applica tion, it is the view of the Executive Branch that the import must be p ur s uan t to a con tract en ter ed in to pr ior to Au g us t 15 , 1986 and occur by April 1, 1987.
On the basis of the foregoing, the Executive Br anch recommends that the license be issued.
S ince r ely, M       hl) % Y.(',,& f Fred McGoldrick, Acting D epu ty As sis tant Se cr e ta ry Nuclear Energy & Energy Technology Programs

i 4
4 f,                                 United States Department of State Q( N ,                                         Wbshington. D.C. 20520 Q Q(7 0 f
          'V             BURE AU OF OCEANS AND INTERNATIONAL ENVIRONMENTAL AND SCIENTIFIC AFFAIRS
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os
                                                                            . N               l March 17, 1987       _,
s a
Mr. James R. Shea Di r ec tor of International Programs                                           5; United States Nuclear Regulatory Commission Bethesda, Maryland                                                              ~j

==Dear Mr . Shea:==
s This letter is in re sponse to the le tte r from your of fice da ted Janua ry 8, 1987, requesting Executive Branch views as to whether                               3 i ssu ance of an impor t li cense in accordance wi th the application                           j hereinaf ter described meets the applicable criteria of the                                     l Comprehensive An ti-Apar theid Ac t of 1986, and specifically, Se c tion                        {
309 ( a) of the Act:                                                                            q NRC No . 10-87-004 -- Applica tion by Br aunkohle Tr ansport US A fo r authorization to import up to 1,600 k ilogr ams of. U-235 contained i n 40,000 k ilograms of ur anium of South Af r ican or igin in th e f orm of uranium hexafluoride enriched to a maximum of four                                 l p ercen t. This material will be expor ted to the U. S. by Ur enco                         j facilities in the Netherlands, the Federal Republic of German y                            i a nd the Un ited Ki ngdom for fa brication in to fuel as semblies by EXXON Nuclear, Richland, Washington. Af ter f abr ication, EXXON                         -l w ill apply fo r a license to re-expor t th e ma ter ial to the FRG for use in the KRB light water reactor.
l The Executive Br anch has reviewed the application and concluded that the import would not be contrary to the provisions of the                                -;
C comprehensive An ti- Apar theid Ac t of 19 86, including Secticn 309(a)                       '
of the Act, with the following proviso. The Executive Branch notes that no in formation has been provided by the applicant regarding whether the uranium had been produced, marketed or otherwise e xported by a parastatal or ganization of South Af rica. If a parastatal organization of South Africa produced, mar keted o r o the rwise expor ted the ma ter ial covered by d1is import application, it is the view of the Executive Branch that the import must be                                   l pursuant to a contract enter ed into prior to August 15, 19 86 and                              )
occur by Ap r il 1,       1987.                                                                  ,
1 On the basis of the foregoing, th e Ex ecutive Br anch recommends that the license be issued.
S incer ely ,
                                .~. N6      0-       Y!
Fred McGoldrick, Acting D epu ty As sistant Se cretary Nuclear Energy & Energy Technology Programs

                                             ,, e; , ,
United States Department of State
                                                              ,                             Washingon. D.C. 20520
                                              *V           BUREAU OF OCEANS AND INTERNATIONAL                      _
                                                                                                                   '~
ENVIRONMENTAL AND SCIENTIFIC AFFAIRS
                                                                                                                  -        $3, March 17, 1987           ::
                                                                                                                           ~
Mr. James R. Shea Di r ec tor of In te r n a t ion al P r og r am s                                    U      l United States Nuclea: Regula tor y Commission                                        ..
Bethesda, Maryland                                                                   Z D ea r Mr . Sh ea :
1~S N In V7005;-
This letter is in re sponse to th e le tte r from your of fice da ted January 16, 1987, requesting Executive Branch views as t o                         4 I
whether is suance of an import license in accordance wi th the application hereinaf ter described meets the applicable criteri a of the Comprehensive An ti- Apar theid Ac t of 19 86, and                                 l specifically, Section 309 (a) of the Act:
                                                                                                                               ,i NRC No . 10-87-005 -- Application by EXXON Nuclear Company,                         I '
Inc. for authorization to import 6,234 kilograms of U-235 c on t a ined in 167,732 k ilogr ams - of ur anium of So uth Af r ican              ;
origin in the form of uranium hexafluoride enriched to a                            '
maximum of 5. 0 pe rcent . Following impor tation, th e ma ter ial will be conver ted to UO2 and f abr icated into reactor f uel pellets for re-expor t under license XSNM02161 to .the Federal Republic of Germany for incorporation into f ue l a ssemblies by the EX XON plan t at Lingen fo r us e in th e Biblis A and KRB-II-C n uclear power plant s.
The Executive Branch has reviewed the application and concluded that the import would not be contrary to the p revis ion s of the Compr ehens ive An ti-Apar theid Ac t of 19 86, including Section 309 (a) of the Act, with the f ollowing p r ov iso. The Executive Br anch notes that no in f ormation ha s been provided by the applicant regarding whether the uranium h ad been pr oduced, ma rke ted or otherwise exported by a                                  l parastatal organization of South Af rica. If a parastata l                                  I o rga nization of So uth Af r ica pr oduced , ma rke ted or otherwise                       I e xpor ted the material covered by this import a ppl ica tio n,                   it is t he view of the Executive Branch that the import must be pursuant to a contr act entered into prior to August 15, 1986                               ,
a nd occur by Apr il 1, 1987.                                                               !
l On the basis of the fo r ego ing , the Executive Br anch recommends that the license be issued.
S i nc er ely ,
s h(gf h/?.hk ?%.                                               i Fred McGoldrick, Acting Deputy As sis tant Secretary                                     ;
Nuclear Energy & Energy Technology Prog rams                               '

        .,,     ,f                                United States Departnient of State h
Q    ' %#
Washingon, D.C.
BUREAU OF OCEANS AND INTERNATIONAL 20520 ENVIRONMENTAL AND SCIENTI FIC AFFAIRS
                                                                        .~:
March 17, 1987         c3
                                                                         . y Mr. James R. Shea Director of International Pr og ram s g        7g{                :-;
3 United States Nuclear Regulatory Commission                                    2         '
l Bethesda, Ma ryla nd                                                          R

==Dear Hr . Shea:==

This letter is in re spon se to th e le t te r from your of fice" dated January 16, 1987, requesting Executive Branch views as t o whether is suance of an impor t license in accordance with the application hereinaf ter described meets the applicable criteria of the Compr ehens ive An ti- Apar theid Ac t of 19 86, an d specifically, Section 3 09 (a) of the Act:
NRC No . 10 006 -- Applica tion by Edlow International Company for autho rization to impor t 500,000 kilograms o f u ranium or e concentr ate (U 308) of So uth Af rican or igin.
Following importation, the material will be converted t o u ran ium he xafluor ide by U. S. conversion companies and enriched either by the Department of Energy or exported to Europe for enrichment. The enriched ur anium produced f r om                    .
this material is intended for use as fuel in light water p owe r re actor s in EU RATOM me mber states , Japan, Republic of Korea or Taiwan.                                                                l The Executive Br anch ha s reviewed the application and concluded that the import would not be contrary to the provisions of th e Compr ehen sive An ti- Apar theid Ac t of 19 86, including Section 309 (a) of the Act, with the f ollowing proviso.
The Executive Br anch notes that no in formation ha s been pr ovided by the applicant regarding whether the uranium ore has been produced, ma rketed or otherwise exported by a parastatal organization of South Af rica. If a pa rastatal' organization of S outh Af rica produced, marketed or otherwise exported the material covered by this import application, it is the view of t he Executive Br anch that th e impor t must be pu rsuant to a con tr act entered into prior to August 15, 1986 and occur by A pr i l 1, 19 87.
On th e ba sis of the foregoing, the Executive Br anch recommends that the license be issued.
Sincerely,
                               ,  Y Y hl::.. h ?q&. k .
Fred McGoldrick, Acting D epu ty As sistant Secretary Nuclear Energy & Energy Technology Programs

e 3 :$
                  ,f                                       United States Department of State                         I
       . iid i QQl  * %'
Washington. D.C.
BUREAU OF OCEANS AND I NTERNATIONA L 20520__
g ENVIRONMENTAL AND SCIENTIFIC AFFAIRS                                                  N
                                                                                                             -. I March 17, 1987 Mr. James R. Shea                                                                                                  I Director of International Program s                                                                         :
United States Nuclear Regulatory Commission                                                                7 Bethesda, Maryland                                         -
g7                                y

==Dear Hr . Sh ea :==

This letter is in re spon se to th e le t te r from your of fice da ted January 16, 1987, requesting Executive Branch views as to whether issuance of an impor t license in accordance wi th th e application hereinaf ter described meets the applicable criteri a of the Comprehensive An ti-Apar theid Ac t of 19 86, and-
                                                                                                                  ]
l specifically, Section 309 (a) of the Act:
                                                                                                                !    J i
NRC No . 10-87-007 -- Application by Edlow . Inter national Company for authorization to import 500,000 kilograms o f
                                                                                                                     ]
l natural ur anium of South Af rican or igin, in the form of uranium hex afluoride. Following importation, the mate ria l w ill be en riched by th e De par tment of Energy under. existing                                           i contracts. The enriched uranium produced f rom this material                                                i i s in tended for use as fuel in light water. power reactors                                                !
in the U.S.,         EURATOM member states, Japan, Republic of                                              !
Korea or Ta iwa n .
The Executive Br anch ha s re viewed the application'and concluded that the import would not be contrary to the p rov is ions of th e Comprehens ive An ti- Apartheid Ac t of 19 86, including Section 309 (a) of the Act, with the following p rov is o. The Executive Br anch notes that no in f ormation ha s been provided by the applicant regarding whether the uranium                                                     i h ad been produced , ma rketed or otherwise expor ted by a                                                      l parastatal organization of South Af rica. If a parastata l                                                       I o rga nization o f South Af r ica produced, marketed or otherwise ex por t ed the mater ial cove red by this import applica tion, it is                                            .
t he view of the Executive Br anch that th e impor t mu s t be                                                   !
pu r su ant to a contract entered into prior to August 15, 1986 a nd occur by April 1, 1987.
q On the basis of the fo r eg oing , the Ex ecutive Br anch recommends that the license be issued.                                                                             )
S i nc er e ly ,
                                .Ph:(Vlitsd.g Fr ed McGold r ick , Acting D epu ty As s is tant Se c r e t a ry Nuclear Energy & Energy Technology Programs J

s 2,                                           United States Department of State                                                                     i Washington, D.C. 20520                                     g Q,,}                                                                                                              '
{
BUREAU OF OCEANS AND I INTERNATIONAL ENVIRONMENTAL AND SCIENTIFIC AFFAIRS                                                          g                                           }
                                                                                                                                                                   }
March 17, 1987                                       ~
                                                                                                                                                                   )
Mr. James R. Shea                  ,
Director of International Prog ram s r $y g((] gg ((                                              ]                                           f l
United States Nu cle a r Re g ula tor y Commi ssion                                                                    m                                           {
B e th e sd a,      Ma r yla nd

==Dear Mr . Shea:==
j
                                                                                                                                                                   )
This letter is in re sponse to th e le t te r from your of fice                                                                                             !
da t ed January 16, 1987, requesting Executive Branch views as t o                                                                                                 j w he t her issuance of an impor t license in accordance wi th th e                                                                                                 l application hereinafter described meets the applicable criteri a of the Comprehensive An ti-Apar theid Ac t of 1986, and                                                                                                            i specifically, Sec t ion 309 ( a) of the Ac t:                                                                                                                      j NRC No . IU-87-008            --
Application by Edlow In t er n a t ional Company f or author ization to import 500,000 kilograms o f u ran ium of So uth Af r ican or igin,                in th e form of ur anium hexafluoride, enriched to a maximum of 5 percent. Following                                                                                                 i i mpor ta tion , th e ma ter ial will be f a br ica ted in fuel                                                                                             j assemblies by U . S . companies under existing contracts. The                                                                                               ,
f uel as semblies pr oduced fr om th is ma terial ar e intended                                                                                             j for use in light water power reactors in the U.S., EUR ATO M                                                                                                !
member states , Japan, Republic of Ko rea or Ta iwa n .                                                                                                      l I
The Executive Branch has reviewed the applicat ion an d                                                                                                     ;
c oncluded th a t th e impor t wo uld not be contrary to th e                                                                                                      1 provisions of the Comprehensive Anti-Apar theid Act of 1986,                                                                                                       {
i ncl uding Section 30 9 (a ) of th e Ac t , with th e following                                                                                                   j p r ovi so. The Executive B ranch notes that no information has                                                                                                    i been pr ov ided by th e applican t regarding whether the ur anium had been produced, marketed or otherwise expor ted by a par a sta tal or ganization of South Af r ica. If a parastatal organization of South Af r ica produced, mar keted or otherwise e xpo r ted the mater ial cover ed by th is impor t application, it is the view of the Executive Branch that the import must be pursuant to a contr act en ter ed in to pr ior to August 15, 1986 and occur by April 1, 1987.
On th e ba sis of th e fo r eg oing , the Executive Br anch recommends that the license be issued.                                                                                                                              .
Sincerely,                                                                                                               ;
Wh/N MM4 Fred McGold r ick , Acting                                                                                                       !
D epu ty Assis tant Se c r e t a r y Nuclear Energy & Ene rgy Technology Programs

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APPENDIX B I
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737s                                                      Federal Register / Vol. S2, No. 4e / Tuesday. March 10, 1987 / Rules and Regulations an interim rule is published elsewhere in kenoet Final regulations: correction.                                                                    supptaassufAny seronenAnast his i this i: sue of the FederalRegister                                                                                                                summary of the Commission's Repo uAnn in 6e Fedstal Regislar of ,      and Order. MM Dodat No. as-33a.
permitting the teraporary isnportation Fri y, February 27.1987 (52 FR 5963- , adopted February 4.1987, and te sed                      i bu ee Unkdhtee of Some Afdcan                                                                         5964 the VA (Veterans Admmistration) March 3,1087.no full text of uranium ore and oxide for processing                                                                  adopt d a rule concerning educational and immediate exportation,                                                                                                                        Commission decision is availah for
* u   bus          hom           PCC A                                      Act of1                                      u         100     pu g a e       yormstjon.                                                           NW.,
stat.1oon. as amended by H ) Res. 766. Pub.                                                                                                       Branch (Room 230).1919 M arrecTiva ATE December 11,1986. .           Washington.DC.The com ete text of L. w.est. vo seat. 3s15)                                                                                                                          this decianon may also be urchased pomPURTHE leePORMATION CONTACT:
Product GM-s                                                                                          June C. Sc        or(225), Absistant        from the Commission's py contractors, Director for       cation Polley and        InternationalTranscrip onService.                   l I. Uranium Orr and Uranium Ox/de                                                                                          tration, Vocational                                  treet NW., Suite Program A                                   (202) 857-3800,2200 W categorks uranium m and                                                                         Rehabilitation         Education Service,   140. Washington, DC             7, uranium oxide include the following:
Department h                 hh             List of Subjects in CFR Part 73 1.TSUS 80tS7-uranium ore.                                                                        Veterans Adminia tion,810 Vermont
: 2. TSUS 422.50-uranium oxide.                                                                                               ton, DC 20420,        Radio broadca ing.
Avenue NW Was
: 11. Coal                                                                                             (202) 233 2002.
PART 73-{              NDED)
This category includes the following-                                                            suPet.EMENTARY WFOR Aflosc in 38
: 1. '! SUS 517.51.                                                                                CFR 21.4504(d) the last a ntence should          1.The au rity citation for Part 73
: 2. TSUS 52L31.                                                                                   read: A defsult may only         rescinded   continues t ead as follows:
gjf,,
when the VA has been led create the              Authority 47 USC.154.303                   .
default as a result of a mist e of fact or This category includes the following:                                                            law. (38 U.S.C.1796(e)(1))                   I 73            [ Amended!
: 1. Allmerchandise classifiedin                                                                       Deted: March 4.1987.                          2. Se ion 73.202(b), the Table of FM Schedule 3 of the TSUS.                                                                             Priscina Carey-                              Allo ents is amended by adding
: 2. Schedule 6: a. TSUS 6961510.
Acting Chief. Directives Monogemen           Cha el 278A to the entry for Lancaster, Sails.
: 3. Schedule 7:                                                                                  Divi''0"                                     O
: a. TSUS 700.72-700 80-Footweer with [FR Doc. 87-4994 Filed S-9-87:845 am)                                                                   B diey P. Holmes, uppers of fiber.                                                                                     ausuo coot asn s*                                ief. Policy and Rules Divkion. Mose Medio
: b. TSUS 7n2.06-703.16-Headweer.                                                                                                                 ureau
: c. TSUS 703.80-703.95-Headwear.                                                                                                              N Doc. 87-4940 Filed S.0-87; 8L45 am}
: d. TSUS 704.05-704.95---Cloves.                                                                 FEDERAL COMMUNICAT10NS                       ' "8""****     * * '"
: e. TSUS 705.8505-705A525-Cloves.                                                                COMMISSION
: f. TSUS 706.32-706.41-Luggage, etc.
: g. TSUS 706.47-Luggage, etc.                                                                    47 CFR Part 73                                    CFR Part 73
: h. 'ISUS 727.82-Cotton pillows.
: 1. TSUS 748.45.-748.55-Wearing                                                                 (MM W No. 9% RMM061                                 Dochet No. 86-287; RMs-5240,5553,
[
appmL                                                                                               Radio Broadcasting Services;                 5556
: j. TSUS 772.3115-772.31ao-Wearing                                                              Lancaater,OH apparel.                                                                                                                                         Radio adcasthg Services; Canton,
: k. TSUS 790.57-Toys for pets.                                                                 AoENCv:Fe'deral Communicate e                Tioga a Utysees, PA
: 1. TSUS 791.74-Wearing apparel.                                                               Commission.                                                      .
Action: Final rule.                         AGENCv: detal Communications
: 4. Schedule o of the 75US and the Appendix:                                                                                                                                        Commissio All textiles and textile articles                                                             suuuARY:This document ocates                AcTeosc Fina rule-Channel 278A to Lancast . Ohio, as the classified in Schedule a and the Appendix : icept TSUS number 812.10                                                                  community's second loc FM service, at suuuaRY:Thi document substitutes the request of John Car er and               Channel 262B1 r Channel 281A at and 813.10.                                                                                          Associates.The Com ission, in                Canton. Pennsyl nia, and modifies the Dsted February 13.1967.                                                                        allocating the chann , also waived           license of Station 'KAD-FM to specify R. Richard Newcomb,
* Director. 0%ce of fereign Assets Ccntrol.                                                           (PA             buff zone h lie                       f afth equ t of              , lnc.
Approved February 28.1987,                                                                    within Zone 1. as ecuested. Therefore.        and allocates Channe 227A to Tioga.
Frzncia A. Keating. fl.                                                                             Channel 278A e n ce allocated in             Pennsylvania,at the te uest of Anita L.
A ssistant secretary (Enforcement).                                                                 compliance wi the Commission's Clark. Channel 262B1 ce be allocated
[FR Doc. 87-5071 Filed 3 4-87.12.29 pm)                                                             mirurnum dis nce separation .                 to Canton and used at St ion WKAD-p gyn, o,3,,
requirement without the imposition of a py s present transmitter a in site restric on. Canadian concurrence in comphance with the Commi sion's the allotrr nt has been received,            minimum distance separatio VFT                                                 S ADMINISTRATION                                 arrtcTi CATES: April 17,1987; The            requirements. Channel 227A c be windo period for filing applications for allocated to Tioga in complianc with 38 CFR Part                                                                                         open      April 20.1987, and close on        the Commission'a minimum dista ce May 8.1987.                                  separation requirements without site ucation Loans Vat 2rans Eds                                                                 R>n;                                                               restriction.The request of Donna ro umTHER iNFoRMATioN CONT ACT:
MDe                                                             orm et h                            Le ie K.Shepiro. Mass Media Bureau.          Venetz to allocate a first local FM Ncy: Veterans Administration                                                     ( J2) 634-6530.                              channel to Ulysses. Pennsylvania, wi

Fed:ral Regist:r / Vo}. 52, No. 40 / To:sday, M:rch 10, 1987 / Rubs end R:gulati:ns                                7273
: 3) The financing or funding of any        Action: Final rule.                            In addition, an interim rule is published
  !                   d-      ct or indirect sale, shipment or i                   tra sfer referred to in paragraph (a) 1)         suwu ARr.This rule amends the South            elsewhere in this issue of the Federal African Transactions Regulations,31            Registar permitting the temporary or f ) of this section                                                                          importation into the United States of 14 The diversion of the proceed from       CFR Part 545 ("the Regulations"). to any anssetion desertbed in para raph             implement Section 309 of the                   South African uranium ore and oxide for
 !                    (al(1 r(2)of this section to or f r any          Comprehensive Anti. Apartheid Act of           processing and immediate exportation.
i                                                                                                                   %ese regulations also contain an pe so organization. foreign                      1986 ("the Act"). Pub. L 99440,100 Stat.
Forern sent, or any faction or b dy of           1088, as amended by H.J. Res. 756. Pub.       interpretation indicating that U.S.-origin j                    insurge ts in any foreign count y                L 9M31,100 Stat. 3515, and to add an          goods imoorted temporarily from South mc!udin but not limited to N' .aragua;                                                         African p'arastatal organizations for interpretation relating to Section 303 of the Act. Section 309 of the Act, which        repair or senicing in the United States I
(5) Th revision or coordi ation of                                                       are not goods marketed or otherwise support f persons or entitie engaged             became effective at 1291 a.m. Eastem i                    as militar fnsurgents in er .d conflict          Standard Time, December 31,1966.              exported by a parastatal organization I                    we.h the          ernment of Ni ragua since prohibits the importation into the United within the meaning of Section 303 of the              !
e igs4.                                            States of uranium ore, uranium oxide.         Act, and therefore are exempt from the (b) The In pendentCo aselIran/                                                           prohibition of i 545.208. The U.S.
coal, or textiles produced or Contra shall ave jurisdic ion and                manufactured in South Africa. The rule         Customs Service will allow such importations to be made under bond.
authority to 1 estigate o ier allegations also includes a clarifying amendment                     The Treasury Department is also or evidence ofs iolation f any federal           under Section 303 with respect to U.S.-
amending the Regulations to reflect
;                   cnminallaw b Obver . North, and any origin goods irnported temporarily from pe son or entity ereto re referred to,           South African parastatalorganizations          approval by the Office of Management l                   developed duri theI dependent                                                                    and Budget of the information collection for servicing or repair-Cocnsel's investi atio referred to                                                              provisions contained in 5 5 545.603 and trrECTwt DATE: 12:01 a.m. Eastem              545.604 of the Regulations.
above, and conne te with or arising out Standard Time. December 31.1986, of that investigate           nd to seek                                                            Since these regulations involde a ind;ctments and to                               except that i 545.426 is effective as of i                                                 secute any                                                        foreign affairs function, the provisions of October 2.1986, and the amendment to pesons or entities volved in any of                                                             the Administrative Procedure Act. 5           l I                   the foregoing even                                I 545.901 La effective as of January 27       U.S.C. 553, requiring notice of proposed r transactions who  spay.                                                                                        l are reasonably be e >d to have                                                                  rulemaking, opportunity for public I                   committed a viol ion if any federal              FoR runTNtn reoRuAT>ow courAct:                participation, and delay in effective         .
cnminallaw (ot r th , a violation                Marilyn 1. Muench. Chief Counsel,              date, are inapplicable. Because no I                                                                    Office of Foreign Assets Control.                                                            l constituting a C ss B o C                                                                        notice of reposed rulemaking is               l misdemeanor, an infr ction, or a                 Department of the Treasury.1331 G              required or this rule, the Regulatory I
petty offense) rising ou f such events. Street, NW., Washington. DC 20220                       Flexibility Act. 5 U.S C. 601 et seq., does inc3uding pers no or entit ts who have           (telephone: 202/3764408).                      not apply Because these regulations are enpged in a unlawful co spiracy or                SUPPLEMENTARY INrCRM AMow: In                  issued with respect to a foreign affairs ho have al ed or abetted my enmmal         Executive Order 12571 of October 27            function of the United States, they are 1988,51 FR 39505 (Oct. 29.1986), the           not subject to Executive Order 12291 of
((TheI ependent Coun el Iran /            President delegated authority to the            February 17,1981, dealing with Federal Contra sh have prosecuto 1                       Secretary of the Treasury to implement          regulations.
junsdictic to initiate and co uct                 the Act's prohibitions on imports of certam products fmm South Afnce.                Ust of Subjects in 31 CFR Part 545 g                  prosecuti ns in any court of             petent g                   p      g
 '                     8 of          e 2 o the nite $t tis             ff c     on c e          r cbr                   anha        s. SouM&a, Teh, Code, o any obstruction of the ne                                                                prani
                                                                           'jnd we i plemen ed r uan to                p, i
ma             1fa et t       n or a ate nt in   1988, at 51 FR 41906. In addition, the A'et    prea ble. 31 CFR Part 5451s amer.ded viola on of the federalcriminalla is,in          contm, ued restrictions on loans to the         as      ows.
cor etion with the investigation                 South African Covernment, which were aut rized by Part 600 of this chapt              likewise implemented in the November           PART 545--SOUTH AFRICAN
[ ted: March 5,1987.                       19,1986 rule. Restrictions on new              TRANSACTIONS REGULATIONS N
* M'* Uk                                       investment in South Africa (including              1.The Authority citation fcr Part 545
                   .4 .ameyCenerel loans to the private sector) and a             continues to read as follows:
prohibition on South African
!                                                                                                                      Avtboriry: so U.S.C.1701 ei seq.:E O.
                   ! R Doc. 87-5004 Filed 3-487: a 45 am)           Government bank accounts in U.S.
uma coot ms-nei                               depository institutions, effective             12532, 50 m 36801. Sept.10,1985: E.O.12535.
50 TR 40325. Oct. 3,1965: Pub. L 9&440,10o Stat.1086: Pub L 99-631,100 Stat. 3515: E.O.
[ DEPARTMENT OF THE TREASURY                      in a fmal rule published 29,1988, at 51 FR 46853.
_ November on December       18,1988, were implemented 125n,51 FR 39505. Oct. 29.1980.
Guidelines are published today in a            2. Section 545.2111s added to read as Office of Foreign Asseta Control                                                                gogg **.
separate notice related to this final rule               '
31 CFR Part 545                                  delineating the products subject to the        f $45.211 Prohibition on importation of ban on importation into the United             South African uranium ore, uranium oxide,
 '                 South AfricanTransactions                        States of uranium ore, uranium oxide,          coal, and tortues.
Regulat6ns                                       textiles, and coal. The U.S. Customs               (a) Notwithstanding any other Service will determine whether                 provision oflaw, no (1 uranium ore, (2)
 ,                 Aumev: Office of Foreign Assets                  particular merchandise is subject to i                 Control. Treasury,                                                                              uranium oxide,(3) coa or (4) textiles exclusion pursuant to these guidelines,        that are produced or manufactured in

                                                                                                                                                     ~
                                                                                                                                 ,                     !   I 7274               rederal Register / Vol. 52, No. 46 / Tuesday. March 10, 1987 / Rules and Regulations South Africa may be imported into the            31 CFR Part 645                                  Street NW., Washington. DC 20220; tel.:
United States.                                                                                    202/37H406 suermsswfany enconstanoot                              ,
(b) For purposes of this section, the       South AfricanTransactions term "texules" does not include any              Regulations                                      Amendments to the Regulations, article provided for in item 812.10 or           Ae,ancy: Office of Foreign Assets              . Implementing provisions of the Act that i
813.10 of the Tariff Schedules of the            Control, Treasu                                  became effective on enactment or 45 United States,19 U.S C.1202                                                                       days thereafter, were published on enomInterim uie*                              November 19,1986 (51 FR 41906) and                  '
December        29,1986 (51 fit 46853). A final     I l 645.203 (Asnendedl                            ggguagy: fhis rule, effective through July    1,1987,   amends  the  South  African    rule containing amendments                          ,
: 3. Section 545.203(f)is added to read                                                                                                               ,
Transactions Regulations. 31 CFR part            implementing section 300 of the Act.                l as follows:                                                                                      effective December 31,1986, is pub!!shed 7
j
   *         *     *      *     *                  $45 (the " Regulations"), to interpret the prohibition on importation of South              elsewhere in this issue of the Federal (f)The effective date of the               African     uranium  ore  and   uranium  oxide   Register.The amendment published in                  ,
prohibition in i 545.211 is 12:01 a.m.                                                          this interim rule interprets the South Eastern Standard Timt, December 31,            contained in section 309(s) (1) and (2) of the Comprehensive Anti. Apartheid Act            African uranium ore and oxide 1986                                           of 1988. Pub. L 99-440,100 Stat.1086, as         importation prohibitions in section 300
: 4. Section 545.425 is added to read as     amended by H.J. Res. 756. Pub. L 9M31, of the Act, effective December 31.1986.                          ,
fo!! owr,'                                     100 Stat. 3515 ("the Act"), as                    if not published as a final rule on or              ,
l i
implemented in i 545.211 of the                   before July 1.1987, this interim rule will l 545.425 Substanual transformouon of                                                                                                                '
Regulations.                                      lapse at midnight on that date.
vranium ore and oHos.
The uranium ore and oxide import                   Section 309(a)(1)and(2)of the Act Articles such as uranium                  prohibition in section 309 of the Act was ($ 545.211 of the Regulations) prohibits hexsfluonde. which are produced from accompanied by certain 6egislative                the importation of uranium ore and uranium ore or uranium oxide and                history, not accepted by all Senators,           uranium oxide produced or which the U.S. Customs Service                indicating a Congressionalintent to               manufactured in South Africa, effective               ,
determines to have been substantially                                                                                                                  I transformed outside the United States,         permit    the  temporary    importation  into    December 31,1986. On August 15,1986, are not subject to the import prohibition      the United States of South African                Senate floor debate took place on an uranium ore and oxide for processing              unsuccessful amendment (No. 2766) to of i 545.211                                   and immediate exportation. Because of
: 5. Section 545.426is added a read as                                                        eection att of Senate bill S. 2701 (which the uncertainty conceming                         became section 309 of the Act) to gogg ,                                         interpretation of this section, and the 1
                                                                                                                                                           )
remove this ban on uranium substantial, irrevocable harm that                importation. Congressiono/ Record.                   I
{ $45.426 Repelr of U.S.. origin 9oas          parties in the United States might suffer caported by South African persstata.s.                                                           Sn851-52 (daily ed., Aug.15,1986). A                 i through a potentially mistaken                    portion of this debate was not reported              (
The temporary return from South           prohibition, Treasury has determined to           in the daily edition of the Congressiorol Africa to the United States of U.S. orig:-) publish this interim rule. The interim              Record, but was later fumished by goods for repair or servicing and re.              e aUows temporary importation of             Senator McConnell to the Treasury export is not considered an ex ortation        uramum ore and uranium oxide subject             Department, and by Senetor Lugar to the by a parastatal organization o South           t certain conditions. Simultaneously.             State De artment,in the form of galley              j Africa pursuant to i 545.208 of this part.                   '"                                                    e anent ditio o th p      sf                                           I Section 545.901 is revised to read as       d       ic co    en      t e op cs I                                              ;
ows-                                     of section 300 to imports of uranium ore          in the course of thi! debate, Senator               i n       d        . processing and               McConnell noted the employment                      I I 545.001 Paperwork Reduction A:t              exportation to third countries.                   impact of the bill on industries which DAtts:This interim rule is effective as           import, process and reexport natural The information collection                of12:01 a.m. Eastem Standard Time                 resources from South Africa. Senator requirements in il 545.503, 545.504.            (EST). December 31,1986. The interim             L ar. Chairman of the Foreign 545.601, and 5g5 602 have been approved rule willlapse at 12:00 a.m. Eastem                     R ations Committee, responded to this by the Ofhce of Management and                  Daylight Time, July 1,1987. Commenta             concem, stating:". . .The billis not Budget (OMB) and have been assigned            on the interim rule must be received by          designed to have any punitive impact control number 1505-0091. The                  5:30 p.m. EST, May 11.1987.                       except on products which are imported information collection requirements of         ADDRES$t$ Comments on this interim                into the United States for consumption i 545.807 have been approved by OMB            rule should be addressed to Unit SA427.           In the United States.1 think economists
* Office of Foreign Assets Control,                 have defm' ed a distinction between g[' n oTle ti n 8
qu            Department of the Treasury.1331 G                temporary imports and imports for of { { 545.603 and 545.604 have been            Street, NW , Washington. DC 20220.               consumption. It is the latter that we are approved by OMD and assigned control           Comments received will be available for targeting when we refer to imports in number 150H098.                                public inspection on working days                this bill." Senator Ford then stated to Deted. February 13.1987.                    between the hours of 9:30 a.m. and 4:30          Senator Lugar:". . . I have had R. Richard Newcomb,                            p.m. at the Office of Foreign Assets             discussions with the leadership on my Control.1331    G Street   NW.,                   side of the aisle and we share your -
Director. Cyfice of roteign Assets Control Washington. DC; tel.: 202/376-0395            interpretation of the bill's intention."
Approved. February 26.1987.
FOR FURTHER INFORMATION CONTACT:                    The interpretation of the section 300 Frcncis A. Keating II, Marilyn   L. Muench. Chief  Counsel,            uranium import ban contained in the A ssistant Secretary (Enforcement).
Office of Foreign Assets Control,                 colloquy among Senators Lugar,
[m Doc. a -So72 Tded 3-647;12.29 pm)                                                            McConnell and Ford was disputed by Department of the Treasury.1331 C o en ,, .
(
l t                                                                                                                                    _ _ _    _____-

;                                                  Federd Regist r / Vol. 52. No. 46 / Tuesday, March 10, 1987 / Rules and Regulations                                   7275 other Senate members after papsage of            function of the United States, they are        31 CFR Part 545 the Act. See, for example, Confessional not subject to Executive Order 12291 of Record, 517319 (daily ed.. Oct. 18.1986).        February 17.1981, dealing with Federal         South AfricanTransactions Therefore, the Treasury Department has           regulations.                                   RegulatlOne-Product Guidelines nten e se pe of th            u m ort          List of Subjects in 31 CTR Part 545            A Nc Office Foreign Assets ban through publication of this interim             Exports, imports, Namibia South rule, and a request for written comments Africa, Uran!um.                                       ".cm N uce chMerpatation.
from interested parties by May 11,1987*                                                         

==SUMMARY==
: Notice is hereby given that
                                     'ne domestic uranium conversion               PART 545-( AMENDED]                            the guidelines set forth below will be industry and the Federal Government's                                                           used by the U.S. Customs Service of the ennchment industry could be senously                1.The Authority citation for Part 545 continues to read as follows:                  Department of the Treasury in injured in a manner unintended by the                                                           detemining which products are subject Congress if the section 309 import ban              Authority: 50 U.S C.1701 et seq.; EO.       to the ban imposed by section 309 of the on uranium ore and oxide were                    12532. 50 TR 36881. Sept 1o.1985: EO.12535.
Comprehensive Anti-Apartheid Act of l
implemented to bar imports for                   50 FR 40325. Oct. 3.1985. Pub. L 99-440.100
* 988. Pub. L 99-440,100 Stat.1088 ("the processing and export through a                  Stat.1080; Pub. L 99-431.100 Stat. 3515: EO.
12571. 51 FR 39505. Oct. 29,1988.              Act"), as amended by H4 Res. 756, Pub.
mistaken interpretation of the Act. If                                                          L 99-631,100 Stat. 3515, on importations imports for processing and reexport                 2. Interim 5 545.427 is added to read       from South Afdca of uranium ore, were prohibited. foreign electric utilities      as follows:                                    uranium oxide, coal, and textiles.
might divert their South African origin                                                       '
Section 300 of the Act is implemented in uranium ore and oxide to other                  i 645.427 Temporary importa in t>ond of uranium ore and oxide for processing and the South AfricanTransactions countries, including the Soviet Union,                                                          Regulations ("Reguls tions"). 31 CFR Part for conversion, enrichment, or other            exportation.
545, at i 545.211, as set forth in a final processing. Uranium processing is                   (a) The prohibition is i 545.211 does       rule regarding South Afdca that is being norrnally done under long. term contract, not apply to importation in bond of                   published in conjunction with this so that the trade lost due to an                uranium ore or uranium oxide produced           notice, erroneous interpretation of the Act              or manufactured in South Africa, when might be foreclosed to the domestic                                                             rnscTrVE DATE: 12:01 a.m. Eastern such importation is made solely for            Standard Time, December 31,1980.
l                                 industry well into the future. During the        processing in the United States and l                                 comment period and Treasury                      exportation of the products of that            ADDRESSES: Copies of this notice and        l l                                 consideration of comments received, the          processing provided that the following         the South African Transactions              2 i
Treasury Department will preserve the            requirements are met:                          Regulations are available at the Office position of the public and private                                                                   reign Assets Control. ES.
(1) The importation of the uranium ore domestic industry with respect to                or oxide has been authorized by license Department of the Treasury,1331 C           l contracts covering uranium processing                                                           Street NW,. Washington, DC 20220.
issued by the U.S. Nuclear Regulatory for export.                                      Commission (NRC). satisfactory                 FOR FURTHER INFORMATION CONTACT:
Under interim section 545 427, South         evidence of which is presented to the          Harrison C. Feese or Louis Alfano, U.S.
Afncan uranium ore or oxide may be               U.S. Customs Senice prior to or at the         Customs Service, Office of Commercial imported in bond for processing and              time ofimportation:                            Operations,1301 Constitution Avenue reexport pursuant to item No. 864.05 of             (2) The importation is properly                  " Washington, DC 20229 (telephone:
the Tariff Schedules of the United               classified under item No. 864.05 of the        202/566-8651b Sta tes, provided that the imported ore or Tariff Schedules of the United States as             sVPPt.EMENTARY INFORMATIO9c Section oxide is accompanied by a license for                                                           309 of the Act (Regulations, l 545.211) en importation in bond for processing                                                       i importation issued by the Nuclear                and reexport; and                              prohibits the importation of uranium ore, Regulatory Commission (the "NRC").                                                              uranium oxide, coal, and textiles l                                 See 10 CFR 110.27(b)(2), $1 FR 47207                (3)If the uranium ore or oxide was          produced or manufactured in South l                                 (Dec. 31,1986). In the case of uranium           produced, marketed or otherwise I
Africa. A final rule implementing section ore or oxide produced, marketed, or              [*,p]t e(a ara     ,{ pata ors 9n 300 f the Act, as delegated to the otherwise exported by a parastatal                                                             Secretary of the Treasury pursuant to organization of South Africe., the              pursuant to a contract entered into prior F.xecutive Order 12571 of October 27,
                                                                                   ' ^u s 15,1 , and occurs no later l
l                                  importation must be puisuant to a contract entered into prior to August 15,       [n       p
* 1988,51 FR 39505 (Oct. 29,1986), is published elsewhere in this issue of the 1986, and occur by Aprill,1987. See 31             (b) This interim rule shalllapse at         Federal Register.This notice is CFR 545.208(a)(2),51 FR 41907 (Nov.19,          midnight on July 1,1987, except with           published in conjunction with that final gggg),                                          respect to importations made prior to          rule to inform interested persons of the Since these regulations involve a             that time pursuant to this interim rule,      guidelines to be employed by the U.S.
foreign affairs function, the provisions of which shall continue to be subject to its          Customs Service in determining which the Administrative Procedure Act.5               requirements.
products are subject to the ban of I
U.S.C. 553, requiring notice of proposed           Da ted. February 13.1987.                    section 309. The guidelines are drawn rulemaking. opportunity for public               R. Richard Newcomb,                            from the Tariff Schedules of the United
'                                  participation, and delay in effective           Director O/Tice ofroreign Assets control       States ("TSUS"),19 U.S.C.1202, and I                                  date, are mapplicable. Because no APPM Febmary 26,1987.                       include the appropriate TSUS numbers I                                  notice of proposed rulemaking is                                                               for each prohibited item, persons with required for this rule, the Regulatory          Francis A. Keating. II'
!                                                                                                                                 questions concerning product Flexibility Act,5 t'.S.C. 601 et seq., does A ssistant Secref ary (Enforcement).               classifications should contact the local I'                                not apply. Because these regulations are [FR Doc. 87-5073 Filed M47; 12.29 pm)                 U.S. Customs Service district office or l                                 Issued with respect to a foreign affairs         owwo cox 4m rs-w                               the office indicated above. In addition, i
i                                                       .
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