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Part 810 operations during the COVID-19 outbreak

The Department of Energy National Nuclear Security Administration (DOE/NNSA) cares about the health and welfare of all our employees and our top priority is to keep our employees safe and healthy. We have implemented measures to protect our workforce and the community and continue to adjust and add to them as the COVID-19 outbreak continues.

 The NNSA workforce, including our contractor partners across the enterprise, have been encouraged to maximize the use of telework and to practice social distancing in response to COVID-19. NNSA staff and contractors have taken a number of steps to address this issue including increased sanitation, limiting travel and external visitors, and the use of Skype and other tools to increase social distancing. NNSA is also working to increase telecommunications capabilities to allow a greater number of employees to work from home. All NNSA Production Office employees are on call to respond or are continuing their duties onsite depending upon their position.

Consistent with its role, the Department hereby provides the following general information about its continued processing of 10 CFR Part 810 requests. Nothing contained in this document should be interpreted to preempt the regulation itself or the authority of the Secretary of Energy.

As noted below, the 10 CFR Part 810 team continues to process 10 CFR Part 810 applications and requests for determination.

  • Reporting requirements continue to apply as detailed in the regulation and as required in the exporter’s specific authorization
  • The Department of Energy’s National Nuclear Security Administration (DOE/NNSA) will continue to accept and process applications as expeditiously as possible in a manner consistent with U.S. Government operating conditions as reported by the President, CDC guidelines, and the COVID Task Force.
  • NNSA staff remain available for consultations with applicants in a manner consistent with U.S. Government operating conditions as reported by the President, CDC guidelines, and the COVID Task Force.

For all inquiries, please feel free to contact part810@nnsa.doe.gov to get additional assistance. In the event of a radiological emergency, notifications under 810.6(c)(1), should be made by calling Katie Strangis at 202-905-1006 or Max Postman at 240-246-5564, in addition to as required under the regulation by emailing Part810-OperationalSafety@nnsa.doe.gov.

e810 Reporting System
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The Department of Energy (DOE) has statutory responsibility for authorizing the transfer of unclassified nuclear technology and assistance to foreign atomic energy activities within the United States or abroad. In accordance with § 57 b.(2) of the Atomic Energy Act of 1954 (AEA), persons may engage, directly or indirectly, in the production or development of special nuclear material outside the United States only upon authorization by the Secretary of Energy, with the concurrence of the Department of State (DOS) and after consulting with the Departments of Defense (DoD) and Commerce (DOC), and the Nuclear Regulatory Commission (NRC).1 This requirement, as implemented by DOE, applies to technology transfers and assistance related to certain nuclear fuel-cycle activities, commercial nuclear power plants, and research and test reactors. Covered transfers may include the transfer of physical documents or electronic media, electronic transfers or the transfer of knowledge and expertise.

Nonproliferation
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Part 810 of Title 10, Code of Federal Regulations (Part 810) implements AEA § 57 b.(2), pursuant to which the Secretary has granted a general authorization for certain categories of activities which the Secretary has found to be non-inimical to the interest of the United States – including assistance or transfers of technology to the “generally authorized destinations” listed in Appendix A to Part 810. Other activities within the scope of Part 810 -- including transfers of technology or provision of assistance to destinations not listed in Appendix A (“specifically authorized” destinations) – require a case-by-case specific authorization from the Secretary. A specific authorization also is required for any assistance involving sensitive nuclear technologies (enrichment, reprocessing, plutonium fuel, and heavy water production, regardless of the destination’s status under the regulation. Whether a destination is determined to be generally or specifically authorized depends on a number of factors including the existence of a bilateral “123 Agreement” with the United States, the country’s nonproliferation credentials, and the significance and scope of its nuclear trade relationship with the United States.

On February 7, 2015, DOE issued its final rule revising Part 810, the first comprehensive update of the regulation since 1986. The regulation has been modernized to: (1) articulate clearly the activities and technologies that are within the scope of Part 810; (2) provide expanded general authorizations for operational safety activities, the separation of medical isotopes from spent nuclear fuel, and for transfers to foreign nationals working at NRC-licensed facilities and granted Unescorted Access in accordance with NRC regulations; and (3) provide an affirmative list of destinations that are generally authorized to receive transfers of non-sensitive nuclear technology. The Federal Register published the final rule on February 23, 2015. The rule was in effect as of March 25, 2015.

1 Pursuant to section 57 b.(1) of the AEA, such activities may alternatively be specifically authorized under an agreement for cooperation for peaceful uses of nuclear energy pursuant to section 123 of the AEA, or under a subsequent arrangement pursuant to section 131 of the AEA.