[Federal Register Volume 60, Number 174 (Friday, September 8, 1995)]
[Proposed Rules]
[Pages 46784-46789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22182]



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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 30, 40, and 70

RIN 3150-AF38


One-Time Extension of Certain Byproduct, Source, and Special 
Nuclear Materials Licenses

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing, on a 
one-time basis, a five-year extension of certain byproduct, source, and 
special nuclear materials licenses. The provisions of the licenses 
under extension would provide the same authorizations and limits on 
licensee activities as they do now. The proposed rule specifies the 
licenses whose expiration dates would not be extended. On a separate 
but related matter, the Commission is considering the appropriate 
duration of materials licenses and seeks comments on this topic.

DATES: Submit comments by October 10, 1995. Comments received after 
this date will be considered if it is practical to do so, but the 
Commission is able to assure consideration only for comments received 
on or before this date.

ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555. ATTN: Docketing and Service Branch. 
Hand deliver comments to: 11555 Rockville Pike, Rockville, MD, 20852, 
between 7:45 am and 4:15 pm Federal workdays. Copies of comments 
received may be examined at the NRC Public Document Room, 2120 L Street 
NW. (Lower Level), Washington, DC. For information on submitting 
comments electronically, see the discussion under Electronic Access in 
the Supplementary Information Section.

FOR FURTHER INFORMATION CONTACT: John Pelchat, NRC, Region II, 101 
Marietta Street, NW., suite 2900, Atlanta, GA 30323, telephone (404) 
331-5083; or C.W. Nilsen, Office of Nuclear Regulatory Research, NRC, 
Washington, DC 20555, telephone (301) 415-6209.

SUPPLEMENTARY INFORMATION:

Background

    The materials licensing (``licensing'') process sets out provisions 
for licensing medical, academic, and industrial users of byproduct 
materials as well as some small scope users of source and special 
nuclear materials. This process does not apply to the licensing of 
power and non-power reactors, uranium milling and processing 
facilities, or fuel production facilities. Recent NRC internal reviews 
and regulatory impact surveys of materials licensees (``licensees'') 
have highlighted areas in which the current materials licensing process 
can be improved. The NRC has completed the preliminary phases of an 
effort to redesign this process. The goals of the licensing process 
redesign project are (1) to maintain or raise the level of public 
safety achieved by the current process; (2) to perform licensing 
reviews and associated tasks an order of magnitude faster than the 
current process; (3) to utilize modern information technology as a 
fundamental part of the new process; and, (4) to reduce the resources 
needed to carry out the licensing program to meet the projected 1998-
1999 staffing levels.
    In order to make resources available to expedite the development, 
design, and testing of the proposed new materials licensing process, 
the Commission proposes to extend, by rulemaking, certain specific 
materials licenses (``licenses'') by five years from the current 
expiration dates shown on those licenses. Resources that would have 
otherwise been used to renew these licenses would be devoted to the 
redesign project. The extension would be a one-time occurrence and the 
Commission does not envision that any similar extensions would be 
granted in any future rulemaking. The extended licenses are not 
considered to be the equivalent of a renewed license because they would 
provide the same authorizations and limits on licensee activities as 
they do now. Accordingly, the extended licenses would not be based on 
or reference pending renewal applications, including requests, if any, 
in those renewal applications for NRC approval of changes in current 
operations. The frequency at which the licensee is inspected would not 
change. The Commission estimates that more than 80 percent of its 6,500 
materials licenses would be extended by this proposed rulemaking.
    The Commission believes that it may take this action because no 
legislative mandate requires that materials licenses have a five-year 
term. Many years ago, materials licenses were issued for two-year 
periods. As the uses of radioactive materials became more stable and 
predictable, the typical duration of licenses was changed to the 
current five years. The Commission believes that certain specific 
materials licenses may be extended once by rule for an additional five 
years beyond their stated expiration date without the normal renewal 
review and without adverse effect on public health and safety. The 
Commission's belief is based upon three factors. First, certain 
specific licenses for which the Commission believes that a renewal 
review should not be delayed five years would not be affected by this 
rule. Licenses that may present, in the Commission's view, a greater 
potential risk from a health and safety standpoint would not be 
extended by this rulemaking. These licenses are discussed in greater 
detail below and these licenses would be renewed in accordance with 
current schedules. Second, the extended licenses would not change the 
authorized activities or the regulatory requirements with which the 
licensees must comply. Third, the NRC will continue to inspect licenses 
that would be extended by this proposed rule. Significant inspection 
findings would be resolved through the issuance of Notices of 
Violations that require written responses describing corrective actions 
or Orders that would modify, suspend, or revoke the license. 
Accordingly, the Commission believes that there would be reasonable 
assurance of public health and safety under this rule.
    The Commission believes that certain licenses, specified below, 
should be subject to the health and safety review currently required as 
part of the 5-year renewal review. These licenses would not have their 
license terms extended by 

[[Page 46785]]
this proposed rule. The criteria listed below would be applied as of 
the effective date of the final rule so as to assure that any 
extensions are based on the most current information available.
      Any specific license that, on the effective date of the 
final rule, must have prepared an evaluation or an emergency plan for 
responding to the release of radioactive materials as required by 10 
CFR 30.32(i), 40.31(j), or 70.22(i). The Commission believes that these 
licenses authorize activities that may pose a significant potential for 
release of radioactive materials and may result in potential exposure 
to the public and contamination of the environment. Therefore, renewals 
of these licenses should continue to be reviewed under existing 
procedures.
      Any specific licenses whose holders are subject to the 
financial assurance requirements specified in 10 CFR 30.35, 40.36, or 
70.25; and on the effective date of the final rule the holders either 
(a) have not submitted a decommissioning funding plan or certification 
of financial assurance for decommissioning, or (b) have not received 
written notice that the decommissioning funding plan or certification 
of financial assurance for decommissioning is acceptable. These 
licenses authorize possession of quantities and forms of licensed 
materials that pose a potential need for extensive decontamination 
before termination of the license and release of decommissioned 
facilities. The Commission believes that renewals of these licenses 
should continue to be reviewed under existing procedures to ensure that 
the process of obtaining sufficient funding continues so that 
appropriate resources are available to support decommissioning 
activity.
     Any license, as of the effective date of the final rule, 
that is on the Site Decommissioning Management Plan (SDMP) list. 
Generally, licenses on the SDMP list are no longer actively using 
licensed materials. The Commission believes that these licenses should 
continue to be reviewed under existing procedures to ensure proper 
evaluation of site remediation activities at facilities where the 
licensee's radiation safety program may be inactive or scaled back.
     Any specific license whose issuance, amendment, or 
renewal, as of the effective date of the final rule, is not a 
categorical exclusion under 10 CFR 51.22(c)(14) and therefore needs an 
environmental assessment or environmental impact statement pursuant to 
Subpart A of Part 51 of this chapter. The Commission believes that 
these licenses authorize activities that may have a potential for 
impacting the environment. Therefore, renewals of these licenses should 
continue to be reviewed under existing procedures.
     Any specific license issued pursuant to 10 CFR Part 70 for 
which, as of the effective date of the final rule, the license holder 
is authorized to possess sufficient quantities of special nuclear 
material to be subject to the criticality accident requirements of 10 
CFR 70.24. The Commission believes that renewals of these licenses 
should continue to be reviewed under existing procedures to ensure the 
adequacy of the licensees' important criticality safety procedures.
     Specific licenses whose holders have not had at least one 
prior NRC inspection of licensed activities as of the effective date of 
the final rule. The Commission believes that it is inappropriate to 
extend these licenses when it has not verified the effectiveness of the 
licensees' radiation safety programs by inspection. This verification 
is part of the safety basis upon which the NRC is relying. NRC 
inspection procedures require that all new licensees be inspected 
within six months of the issue date of their license. A few new 
licenses that might otherwise be extended may not be extended because 
they have not been inspected. Because the NRC is continually issuing 
new licenses, it is not practical to immediately inspect all new 
licensees to determine whether they satisfy the other criteria for the 
extension of their license expiration dates.
     Specific licenses whose holders, as the result of the most 
recent NRC inspection of licensed activities conducted before the 
effective date of the final rule, have either been (a) cited for a 
Severity Level I, II, or III violation in a Notice of Violation, (b) 
subject to an Order issued by the NRC, or (c) subject to a Confirmatory 
Action Letter issued by the NRC. The NRC has identified significant 
safety or other regulatory issues in these programs as a result of 
their most recent NRC inspection. The Commission believes that 
applications for renewal of these licenses should continue to be 
reviewed under existing procedures.
    Apart from these licenses that the Commission has determined may 
pose a relatively greater risk to public health and safety, the 
Commission recognizes that there is another set of licenses that will 
not be extended by this rule. This set includes those licenses with 
expiration dates before July 1, 1995, whose holders have submitted 
applications for renewal pursuant to the renewal provisions specified 
in 10 CFR parts 30, 40, or 70. The Commission intends to continue to 
review the submissions of these licensees who have already submitted 
applications and fees for the renewal of their licenses and are deemed 
as being in timely renewal. Renewal requests will be granted as the NRC 
completes its review of those applications that satisfy the 
requirements specified in the regulations.
    The proposed rule will extend the expiration date of those licenses 
with expiration dates after July 1, 1995, that are in a timely renewal 
status. As specified in the proposed rule, NRC will consider that these 
licensees have withdrawn their requests for renewal. Renewal fees paid 
by these licensees will be refunded.
    The July 1, 1995, expiration date was chosen based on resource 
considerations. The NRC staff has begun the review of many applications 
for renewal of licenses with expiration dates before July 1, 1995, and 
it is not appropriate to waste the resources already expended in that 
effort. On the other hand, most of the applications for renewal of 
licenses with expiration dates after July 1,1995, have been received 
only recently, their review has not begun, and resources will be 
conserved by extending those licenses.
    The Commission recognizes that an entity may hold more than one 
materials license issued under one or more parts of Title 10 of the 
Code of Federal Regulations. It is the Commission's intent that each 
license be considered separately in determining whether its expiration 
date should be extended under this rule. For example, assume that an 
entity holds two licenses, A and B, and License A is of the type listed 
in paragraph (a)(3) of Secs. 30.36, 40.42, and 70.38 of this proposed 
rule, but License B is not. In this situation, the expiration date of 
License A would not be affected by the rule, but the expiration date of 
License B would be extended by a period of five years from the 
expiration date stated in the license.
    The selective extension of byproduct, source, and special nuclear 
materials licenses would result in the freeing of Commission resources 
that would otherwise be used in the review of these renewal 
applications. These resources will then be redirected, in part, into 
the detailed design and testing of the proposed new materials licensing 
process.
    Nothing in this rule relieves licensees from the requirements to 
file for appropriate amendments to their licenses, when changes in 
licensed activities occur.
    If a licensee should elect not to take full advantage of the 
license extension, the licensee may request termination of 

[[Page 46786]]
its license in accordance with the applicable requirements of 10 CFR 
parts 30, 40, or 70.
    The Commission seeks comments on the issue of license duration. In 
conjunction with the licensing process redesign effort, the Commission 
also intends to consider the appropriate duration of materials 
licenses, including whether the duration should differ depending on the 
nature of the activities permitted under the license. The Commission is 
aware that for some types of licensed activities the industry has 
matured and it may be appropriate to consider issuing licenses for 
longer times, perhaps 10-20 years. The Commission is also aware that 
some Agreement States routinely issue licenses for periods longer than 
5 years. The Commission seeks comments at this time on the general 
topic of the appropriate duration of licenses. If the Commission 
ultimately revises its policy on materials license duration, licensees 
with pending renewal applications that fulfill all regulatory 
requirements would be granted licenses consistent with the Commission's 
resolution of the license duration issue.
Agreement State Compatibility

    The Commission has determined that the amended provisions of 10 CFR 
parts 30, 40, and 70 are not matters of compatibility for evaluating 
the regulations of States that have entered into agreements (Agreement 
States) with the Commission pursuant to Section 274.b of the Atomic 
Energy Act, as amended. Therefore, the States are not required to amend 
their regulations or licensing practices as a result of this 
rulemaking. However, the Commission is interested in receiving comments 
from the Agreement States on the regulatory implications of this 
proposed rule.

Electronic Access

    Comments may be submitted through the Internet by addressing 
electronic mail to INTERNET:[email protected]. Comments may also be 
submitted electronically, in either ASCII text or WordPerfect format 
(version 5.1 or later), by calling the NRC Electronic Rulemaking 
Bulletin Board (BBS) on FEDWORLD.
    The BBS is an electronic information system operated by the 
National Technical Information Service of the Department of Commerce. 
The purpose of this bulletin board BBS is to facilitate public 
participation in the NRC regulatory process, particularly rulemakings. 
With publication of this notice, proposed rulemakings and appropriate 
supporting documents will be available for review and comment on the 
BBS. These same documents are also available for review and comment at 
the NRC's Public Document Room, 2120 L Street NW. (Lower Level), 
Washington, DC. The BBS may be accessed using a personal computer, a 
modem, and one of the commonly available communications software 
packages, or directly via Internet.
    The NRC rulemaking bulletin board (rulemaking subsystem) on 
FEDWORLD can be accessed directly by using a personal computer and 
modem, dialing the toll free number 1-800-303-9672. Communication 
software parameters should be set as follows: parity to none, data bits 
to 8, and stop bits to 1 (N,8,1). Using ANSI or VT-100 terminal 
emulation, the NRC rulemaking subsystem can then be accessed by 
selecting the ``Rules Menu'' option from the ``NRC Main Menu.'' For 
further information about options available for NRC at FEDWORLD consult 
the ``Help/Information Center'' from the ``NRC Main Menu.'' Users will 
find the ``FEDWORLD Online User's Guides'' particularly helpful. Many 
NRC subsystems and databases also have a ``Help/Information Center'' 
option that is tailored to the particular subsystem.
    The NRC subsystem on FEDWORLD also can be accessed by a direct dial 
phone number for the main FEDWORLD BBS at 703-321-3339, or by using 
Telnet via Internet: fedworld.gov. Using the 703 number to contact 
FEDWORLD, the NRC subsystem will be accessed from the main FEDWORLD 
menu by selecting the ``Regulatory, Government Administration and State 
Systems,'' then selecting ``Regulatory Information Mall.'' At that 
point, a menu will be displayed that has the option ``U.S. Nuclear 
Regulatory Commission'' that will take you to the NRC Online main menu. 
The NRC Online area also can be accessed directly by typing ``/go nrc'' 
at a FEDWORLD command line. If you access NRC from FEDWORLD's main 
menu, you may return to FEDWORLD by selecting the ``Return to 
FEDWORLD'' option from the NRC Online Main Menu. However, if you access 
NRC at FEDWORLD by using NRC's toll-free number, you will have full 
access to all NRC systems, but you will not have access to the main 
FEDWORLD system.
    If you contact FEDWORLD using Telnet, you will see the NRC area and 
menus, including the ``Rules Menu.'' Although you will be able to 
download documents and leave messages, you will not be able to write 
comments or upload files. If you contact FEDWORLD using File Transfer 
Program (FTP), all files can be accessed and downloaded, but uploads 
are not allowed, and all you will see is a list of files without 
descriptions (normal Gopher look). An index file listing all files 
within a subdirectory, with descriptions, is available. There is a 15-
minute time limit for FTP access.
    Although FEDWORLD can be accessed through the World Wide Web as 
well, like FTP, that mode only provides access for downloading files 
and does not display the NRC ``Rules Menu.''
    For more information on NRC bulletin boards call Mr. Arthur Davis, 
Systems Integration and Development Branch, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, telephone (301) 415-5780; e-mail 
AXD[email protected].

Environmental Impact: Categorical Exclusion

    The NRC has determined that these regulations are the type of 
actions described in categorical exclusion 10 CFR 51.22(c)(3). 
Therefore, neither an environmental impact statement nor an 
environmental assessment has been prepared for this regulation.

Paperwork Reduction Act

    This proposed rule does not contain a new or amended information 
collection requirement subject to the Paperwork Reduction Act of 1980 
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the 
Office of Management and Budget approval number 3150-0009 (Part 70) and 
3150-0120 (Parts 30 and 40).

Regulatory Analysis

    A regulatory analysis has not been prepared for this rule because 
it is not expected to have any adverse impact on licensees subject to 
the proposed rule. These licensees will be postponing, for five years, 
submission of license renewal applications and the associated fees.
Regulatory Flexibility Analysis

    The NRC is seeking public comments on the potential impact of the 
proposed rule on small entities. The NRC particularly desires comments 
from small entities (i.e., small businesses, small organizations, and 
small jurisdictions under the Regulatory Flexibility Act) as to how the 
regulations will affect them and how the regulations may be tiered or 
otherwise modified to impose less stringent requirements on small 
entities while still adequately protecting the public health and 
safety. Those small entities that offer comments on how the regulations 
could be modified to take into account the differing needs of small 

[[Page 46787]]
entities should specifically discuss the following:
    (a) The size of their business and how the proposed regulations 
would result in a significant economic burden upon them as compared to 
larger organizations in the same business community.
    (b) How the proposed regulations could be modified to take into 
account their needs or capabilities.
    (c) The benefits that would accrue, or the detriment that would be 
avoided, if the proposed regulations were modified as suggested by the 
commenter.
    (d) How the proposed regulations, as modified, would more closely 
equalize the impact of NRC regulations or create more equal access to 
the benefits of Federal programs as opposed to providing special 
advantages to individuals or groups; and
    (e) How the proposed regulations, as modified, would still 
adequately protect the public health and safety.

Backfit Analysis

    The NRC has determined that the backfit rule, 10 CFR 50.109, does 
not apply to this proposed rule and, therefore, that a backfit analysis 
is not required for this proposed rule because these amendments do not 
involve any provisions that would impose backfits as defined in 10 CFR 
50.109(a)(1).

List of Subjects

10 CFR Part 30

    Byproduct material, Criminal penalties, Government contracts, 
Intergovernmental relations, Isotopes, Nuclear materials, Radiation 
protection, Reporting and recordkeeping requirements.

10 CFR Part 40

    Criminal penalties, Government contracts, Hazardous materials 
transportation, Nuclear materials, Reporting and recordkeeping 
requirements, Source material, Uranium.

10 CFR Part 70

    Criminal penalties, Hazardous materials transportation, Material 
control and accounting, Nuclear materials, Packaging and containers, 
Radiation protection, Reporting and recordkeeping requirements, 
Scientific equipment, Security measures, Special nuclear material.
    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; and 5 U.S.C. 552 and 553; the Nuclear 
Regulatory Commission is proposing to adopt the following amendments to 
10 CFR Parts 30, 40, and 70.

PART 30--RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF 
BYPRODUCT MATERIAL

    1. The authority citation for Part 30 continues to read as follows:

    Authority: Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948, 
953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 
U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201, as 
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 
5841, 5842, 5846).
    Section 30.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 
U.S.C. 5851). Section 30.34(b) also issued under sec. 184, 68 Stat. 
954, as amended (42 U.S.C. 2234). Section 30.61 also issued under 
sec. 187, 68 Stat. 955 (42 U.S.C. 2237).

    2. In Sec. 30.36, paragraph (a) is revised to read as follows:


Sec. 30.36  Expiration and termination of licenses and decommissioning 
of sites and separate buildings or outdoor areas.

    (a)(1) Except as provided in paragraph (a)(2) of this section, each 
specific license expires at the end of the day on the expiration date 
stated in the license unless the licensee has filed an application for 
renewal under Sec. 30.37 not less than 30 days before the expiration 
date stated in the existing license (or, for those licenses subject to 
paragraph (a)(2) of this section, 30 days before the deemed expiration 
date in that paragraph). If an application for renewal has been filed 
at least 30 days prior to the expiration date stated in the existing 
license (or, for those licenses subject to paragraph (a)(2) of this 
section, 30 days before the deemed expiration date in that paragraph), 
the existing license expires at the end of the day on which the 
Commission makes a final determination to deny the renewal application 
or, if the determination states an expiration date, the expiration date 
stated in the determination.
    (2) Each specific license which has an expiration date after July 
1, 1995, and is not one of the licenses described in paragraph (a)(3) 
of this section, shall be deemed to have an expiration date which is 5 
years after the expiration date stated in the current license.
    (3) The following specific licenses are not subject to, or 
otherwise affected by, the provisions of paragraph (a)(2) of this 
section:
    (i) Specific licenses for which, on the [effective date of the 
final rule], an evaluation or an emergency plan is required in 
accordance with Sec. 30.32(i);
    (ii) Specific licenses whose holders are subject to the financial 
assurance requirements specified in Sec. 30.35, and on the [effective 
date of the final rule], the holders either:
    (A) Have not submitted a decommissioning funding plan or 
certification of financial assurance for decommissioning; or
    (B) Have not received written notice that the decommissioning 
funding plan or certification of financial assurance for 
decommissioning is acceptable;
    (iii) Specific licenses whose holders are listed in the Site 
Decommissioning Management Plan List [which will be available by the 
effective date of the final rule].
    (iv) Specific licenses whose issuance, amendment, or renewal, as of 
the effective date of the final rule, is not a categorical exclusion 
under 10 CFR 51.22(c)(14) and, therefore, need an environmental 
assessment or environmental impact statement pursuant to subpart A of 
part 51 of this chapter;
    (v) Specific licenses whose holders have not had at least one NRC 
inspection of licensed activities before [effective date of the final 
rule];
    (vi) Specific licenses whose holders, as the result of the most 
recent NRC inspection of licensed activities conducted before the 
effective date of the final rule, have been:
    (A) Cited for a Severity Level I, II, or III violation in a Notice 
of Violation;
    (B) Subject to an Order issued by the NRC; or
    (C) Subject to a Confirmatory Action Letter issued by the NRC.
    (vii) Specific licenses with expiration dates before July 1, 1995, 
for which the holders have submitted applications for renewal under 
Sec. 30.37 of this part.
* * * * *
    3. In Sec. 30.37, a new paragraph (b) is added to read as follows:


Sec. 30.37  Application for renewal of licenses.

* * * * *
    (b) If any licensee granted the extension described in 
Sec. 30.36(a)(2) has a currently pending renewal application for the 
extended license, that application will be considered withdrawn by the 
licensee and any renewal fees paid by the licensee for that application 
will be refunded.

PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL

    4. The authority citation for Part 40 continues to read as follows:

    Authority: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 
Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs. 11e(2), 
83, 84, Pub. L. 95-604, 92 Stat. 3033, as amended, 3039, sec. 234, 
83 Stat. 444, as 

[[Page 46788]]
amended (42 U.S.C. 2014(e)(2), 2092, 2093, 2094, 2095, 2111, 2113, 
2114, 2201, 2232, 2233, 2236, 2282); sec. 274, Pub. L. 86-373, 73 
Stat. 688 (42 U.S.C. 2021); secs. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); 
sec. 275, 92 Stat. 3021, as amended by Pub. L. 97-415, 96 Stat. 2067 
(42 U.S.C. 2022).
    Section 40.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123, (42 
U.S.C. 5851). Section 40.31(g) also issued under sec. 122, 68 Stat. 
939 (42 U.S.C. 2152). Section 40.46 also issued under sec. 184, 68 
Stat. 954, as amended (42 U.S.C. 2234). Section 40.71 also issued 
under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).

    5. In Sec. 40.42, paragraph (a) is revised to read as follows:


Sec. 40.42  Expiration and termination of licenses and decommissioning 
of sites and separate buildings or outdoor areas.

    (a)(1) Except as provided in paragraph (a)(2) of this section, each 
specific license expires at the end of the day on the expiration date 
stated in the license unless the licensee has filed an application for 
renewal under Sec. 40.43 not less than 30 days before the expiration 
date stated in the existing license (or, for those licenses subject to 
paragraph (a)(2) of this section, 30 days before the deemed expiration 
date in that paragraph). If an application for renewal has been filed 
at least 30 days prior to the expiration date stated in the existing 
license (or, for those licenses subject to paragraph (a)(2) of this 
section, 30 days before the deemed expiration date in that paragraph), 
the existing license expires at the end of the day on which the 
Commission makes a final determination to deny the renewal application 
or, if the determination states an expiration date, the expiration date 
stated in the determination.
    (2) Each specific license which has an expiration date after July 
1, 1995, and is not one of the licenses described in paragraph (a)(3) 
of this section, shall be deemed to have an expiration date which is 5 
years after the expiration date stated in the current license.
    (3) The following specific licenses are not subject to, or 
otherwise affected by, the provisions of paragraph (a)(2) of this 
section:
    (i) Specific licenses for which, on [effective date of the final 
rule], an evaluation or an emergency plan is required in accordance 
with Sec. 40.31(j);
    (ii) Specific licenses whose holders are subject to the financial 
assurance requirements specified in Sec. 40.36, and on the effective 
date of the final rule, the holders either:
    (A) Have not submitted a decommissioning funding plan or 
certification of financial assurance for decommissioning; or
    (B) Have not received written notice that the decommissioning 
funding plan or certification of financial assurance for 
decommissioning is acceptable;
    (iii) Specific licenses whose holders are listed in the Site 
Decommissioning Management Plan List [which will be available by the 
effective date of the final rule].
    (iv) Specific licenses whose issuance, amendment or renewal, as of 
[effective date of the final rule], is not a categorical exclusion 
under 10 CFR 51.22(c)(14) and, therefore, need an environmental 
assessment or environmental impact statement pursuant to subpart A of 
part 51 of this chapter;
    (v) Specific licenses whose holders have not had at least one NRC 
inspection of licensed activities before [effective date of the final 
rule];
    (vi) Specific licenses whose holders, as the result of the most 
recent NRC inspection of licensed activities conducted before the 
effective date of the final rule, have been:
    (A) Cited for a Severity Level I, II, or III violation in a Notice 
of Violation;
    (B) Subject to an Order issued by the NRC; or
    (C) Subject to a Confirmatory Action Letter issued by the NRC.
    (vii) Specific licenses with expiration dates before July 1, 1995, 
for which the holders have submitted applications for renewal under 
Sec. 40.43 of this part.
    6. In Sec. 40.43, a new paragraph (b) is added to read as follows:


Sec. 40.43  Renewal of licenses.

* * * * *
    (b) If any licensee granted the extension described in 
Sec. 40.42(a)(2) has a currently pending renewal application for the 
extended license, that application will be considered to be withdrawn 
by the licensee and any renewal fees paid by the licensee for that 
application will be refunded.

PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

    7. The authority citation for Part 70 continues to read as follows:

    Authority: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 
953, 954, as amended, sec. 234, 83 Stat. 444, as amended, sec. 1701, 
106 Stat. 2951, 2952, 2953 (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 
2282, 2297f); secs. 201, as amended, 202, 204, 206, 88 Stat. 1242, 
as amended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846).
    Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141, 
Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). 
Section 70.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 (42 U.S.C. 5851). Section 70.21(g) also issued under sec. 122, 
68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 
57d, Pub. L. 93-377, 88 Stat. 475 (42 U.S.C. 2077). Sections 70.36 
and 70.44 also issued under sec. 184, 68 Stat. 954, as amended (42 
U.S.C. 2234). Section 70.61 also issued under secs. 186, 187, 68 
Stat. 955 (42 U.S.C. 2236, 2237). Section 70.62 also issued under 
sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).

    8. In Sec. 70.38, paragraph (a) is revised to read as follows:


Sec. 70.38  Expiration and termination of licenses and decommissioning 
of sites and separate buildings or outdoor areas.

    (a)(1) Except as provided in paragraph (a)(2) of this section, each 
specific license expires at the end of the day on the expiration date 
stated in the license unless the licensee has filed an application for 
renewal under Sec. 70.33 not less than 30 days before the expiration 
date stated in the existing license (or, for those licenses subject to 
paragraph (a)(2) of this section, 30 days before the deemed expiration 
date in that paragraph). If an application for renewal has been filed 
at least 30 days prior to the expiration date stated in the existing 
license (or, for those licenses subject to paragraph (a)(2) of this 
section, 30 days before the deemed expiration date in that paragraph), 
the existing license expires at the end of the day on which the 
Commission makes a final determination to deny the renewal application 
or, if the determination states an expiration date, the expiration date 
stated in the determination.
    (2) Each specific license which has an expiration date after July 
1, 1995, and is not one of the licenses described in paragraph (a)(3) 
of this section, shall be deemed to have an expiration date which is 5 
years after the expiration date stated in the current license.
    (3) The following specific licenses are not subject to, or 
otherwise affected by, the provisions of paragraph (a)(2) of this 
section:
    (i) Specific licenses for which, on [effective date of the final 
rule], an evaluation or an emergency plan is required in accordance 
with Sec. 70.22(i);
    (ii) Specific licenses whose holders are subject to the financial 
assurance requirements specified in Sec. 70.25, and on [effective date 
of the final rule], the holders either:
    (A) Have not submitted a decommissioning funding plan or 
certification of financial assurance for decommissioning; or
    (B) Have not received written notice that the decommissioning 
funding plan or certification of financial assurance for 
decommissioning is acceptable; 

[[Page 46789]]

    (iii) Specific licenses whose holders are listed in the Site 
Decommissioning Management Plan List [which will be available by the 
effective date of the final rule].
    (iv) Specific licenses whose issuance, amendment or renewal, as of 
[effective date of the final rule], is not a categorical exclusion 
under 10 CFR 51.22(c)(14) and, therefore, need an environmental 
assessment or environmental impact statement pursuant to subpart A of 
part 51 of this chapter;
    (v) Specific licenses whose holders have not had at least one NRC 
inspection of licensed activities before [effective date of the final 
rule];
    (vi) Specific licenses whose holders, as the result of the most 
recent NRC inspection of licensed activities conducted before the 
effective date of the final rule, have been:
    (A) Cited for a Severity Level I, II, or III violation in a Notice 
of Violation:
    (B) Subject to an Order issued by the NRC; or
    (C) Subject to a Confirmatory Action Letter issued by the NRC.
    (vii) Specific licenses with expiration dates before July 1, 1995, 
for which the holders have submitted applications for renewal under 
Sec. 70.33 of this part.
    (viii) Specific licenses issued pursuant to Sec. 70.31 that, as of 
[effective date of the final rule], are also subject to the 
requirements in Sec. 70.24.
    9. In Sec. 70.33, a new paragraph (b) is added to read as follows:


Sec. 70.33  Renewal of licenses.

* * * * *
    (b) If any licensee granted the extension described in 
Sec. 70.38(a)(2) has a currently pending renewal application for that 
extended license, that application will be considered withdrawn by the 
licensee and any renewal fees paid by the licensee for that application 
will be refunded.

    Dated at Rockville, Maryland, this 29th day of August, 1995.

    For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 95-22182 Filed 9-7-95; 8:45 am]
BILLING CODE 7590-01-P