[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