[Federal Register Volume 68, Number 197 (Friday, October 10, 2003)]
[Rules and Regulations]
[Pages 58792-58835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25246]



[[Page 58791]]

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Part III





Nuclear Regulatory Commission





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10 CFR Chapter I



Electronic Maintenance and Submission of Information; Final Rule

  Federal Register / Vol. 68, No. 197 / Friday, October 10, 2003 / 
Rules and Regulations  

[[Page 58792]]


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NUCLEAR REGULATORY COMMISSION

10 CFR Chapter I

RIN 3150-AH33


Electronic Maintenance and Submission of Information

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its rules 
to clarify when and how licensees and other members of the public may 
use electronic means such as CD-ROM and e-mail to communicate with the 
agency. These amendments are necessary to implement the Government 
Paperwork Elimination Act (GPEA). At the same time that the NRC is 
amending its rules, it is also making available guidance on how to 
submit documents to the agency electronically. When this final rule 
becomes effective, this new guidance document, which is appended to 
this rule, will supersede earlier guidance on electronic submissions.

EFFECTIVE DATE: The final rule will become effective on January 1, 
2004.

ADDRESSES: The final rule and any related documents are available on 
the NRC's interactive rulemaking Web site at http://ruleforum.llnl.gov. 
For information about the interactive rulemaking site, contact Ms. 
Carol Gallagher, (301) 415-5905, [email protected].
    Publicly available NRC documents related to this final rule can 
also be viewed on public computers in the NRC Public Document Room 
(PDR), located at One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland, Room O-1 F21. The PDR reproduction contractor will 
make copies of documents for a fee.
    Publicly available documents created or received at the NRC after 
November 1, 1999, are also available electronically at the NRC's 
Electronic Reading Room at http://www.nrc.gov/NRC/reading-rm/adams.html. From this site, the public can gain entry into the NRC's 
Agencywide Documents Access and Management System (ADAMS), which 
provides text and image files of NRC's public documents. If you do not 
have access to ADAMS or have problems accessing the documents located 
in ADAMS, contact the NRC Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: John A. Skoczlas, (301) 415-7186, 
[email protected]; or Brenda J. Shelton, (301) 415-7233, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background
II. The Final Rule
III. Comments on the Guidance Document
IV. Section-by-Section Analysis
V. Voluntary Consensus Standards
VI. Environmental Impact: Categorical Exclusion
VII. Paperwork Reduction Act Statement
VIII. Regulatory Analysis
IX. Regulatory Flexibility Certification
X. Backfit Analysis
XI. Congressional Review

I. Background

    On September 6, 2002, the Nuclear Regulatory Commission (NRC) 
published the direct final rule, ``Electronic Maintenance and 
Submission of Information'' (RIN 3150-AF61), for comment (67 FR 57084). 
Along with the rule, the NRC also published its draft ``Guidance for 
Electronic Submissions to the Commission'' for comment.
    This rulemaking had the simple aim of conforming the NRC's 
regulations to the GPEA by removing from the regulations language that 
states or suggests an unnecessary prohibition of electronic submission 
of documents to the agency. Because the NRC believed that this action 
would not cause controversy, the NRC initially published these 
amendments as a direct final rule. However, the NRC received 
significant adverse comments on both the direct final rule and the 
guidance document appended to the rule. The NRC, therefore, withdrew 
the direct final rule on December 4, 2002 (67 FR 72091), and treated 
the comments received as comments on the companion proposed rule 
published concurrently with the direct final rule (67 FR 57120; 
September 6, 2002). The comments received are addressed in this final 
rule and guidance.
    The NRC received formal comments from 19 persons or organizations. 
The comments concerned both the rule and the draft guidance. However, 
the majority of the comments were on the guidance document. Although 
the NRC is not required to address the comments received on its 
proposed guidance, the NRC believes that it is appropriate to document 
the resolution of the comments on the guidance document, and to do so 
in this notice, because the rule and the guidance are being published 
simultaneously and form a cohesive package.
    Title XVII of Pub. L. 105-277, the Omnibus Consolidated and 
Emergency Supplemental Appropriations Act of 1999, enacted October 21, 
1998, contains provisions known as the Government Paperwork Elimination 
Act (GPEA), Sections 1701 et seq., codified at 44 U.S.C. 3504, note. 
The GPEA requires, among other things, that by October 21, 2003, all 
Federal agencies provide persons with business before that agency the 
option of electronically maintaining, submitting, or disclosing 
information where ``practicable.'' By that same October 2003 date, the 
agencies must also accept electronic signatures. The Act's provisions 
seek to take advantage of advances in modern technology to lessen the 
paperwork burden on those who deal with the Federal government.
    Well before the passage of the GPEA, the NRC had taken major steps 
to increase the use of electronic communication. For example, many of 
the agency's regulations on recordkeeping have long permitted storage 
in electronic format. After the GPEA became law, the NRC moved quickly 
to meet the Act's requirements. In June 1999, the agency began testing 
a system that permitted holders of operating licenses for nuclear power 
reactors, and the vendors that supplied them, to make electronic 
submissions to the agency in a secure manner. On several occasions, the 
NRC held public meetings with licensees, vendors, and others to 
describe and demonstrate its Electronic Information Exchange (EIE) 
capability.
    As a result of this pilot program, on January 26, 2001, the NRC 
issued Regulatory Issue Summary (RIS) 2001-05, ``Guidance on Submitting 
Documents to the NRC by Electronic Information Exchange or on CD-ROM,'' 
which informs all Part 50 applicants and licensees that they have the 
option of submitting documents to the NRC over the Internet by the EIE 
process or on CD-ROM under procedures spelled out in the RIS. The RIS 
does not cover electronic submissions under regulations other than 
those in Part 50. However, on August 10, 2001, the agency issued a 
letter to certain fuel cycle facilities giving them the option of 
electronic submissions in many circumstances.\1\ Nonetheless, these two 
documents do not cover other materials licensees or members of the 
general public.
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    \1\ The NPRC has also issued guidance on managing quality 
assurance records in electronic media. See RIS 2000-18, October 23, 
2000, available at the NPC's Web site.
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II. The Final Rule

    This rulemaking expands participation in electronic submissions by 
affording all licensees, vendors,

[[Page 58793]]

applicants, and members of the public the option, where practicable, of 
submitting documents to the NRC in an electronic format, for example on 
CD-ROM, by e-mail, or through a special Web-based interface such as the 
NRC's Electronic Information Exchange. Generally, electronic submission 
of documents to the NRC remains voluntary; paper documents remain an 
acceptable form of submission.
    The GPEA requires that agencies accept electronic submissions only 
when it is ``practicable'' to do so, but the statute does not define 
the term ``practicable.'' At the very least, it is not ``practicable'' 
for the agency to receive electronic submissions unless they are made 
in a manner that enables the agency to receive, read, authenticate, 
distribute, process and retrieve a page at a time, and archive the 
submissions. The final regulations in this notice incorporate this 
general notion of ``practicable.'' Although the proposed rule did not 
contain this language, we have added it throughout the final rule in 
part to make clear that the agency cannot as a practical matter accept 
electronic communications in every format that submitters might choose.
    However, beyond this, the term acquires meaning only in concrete 
circumstances and moreover tends to change as those circumstances 
change because the underlying technology changes quickly. Under these 
continually changing circumstances, the NRC does not want to write 
certain technologies into its regulations. Therefore, the 
technologically driven details of how to make electronic submissions to 
the NRC are laid out in the guidance document that is appended to this 
rule. The guidance document will be updated as necessary to reflect new 
technology and agency experience. The guidance discusses, among other 
topics, the formats the NRC is prepared to accept, the use of 
electronic signatures, and the treatment of nonpublic information. Most 
of the amendments made by this rule take the limited approach of 
letting readers of the regulations know that the option of electronic 
submission is available in many cases, and that readers should consult 
the agency's guidance on electronic submissions.
    The NRC has also used the criterion of practicability to determine 
to what extent sensitive information could be protected in electronic 
submissions, whether such submissions could serve the needs of 
immediate notification, and whether the agency was prepared to make all 
of its outgoing communications electronic. In each of these cases, as 
will be discussed further below, the agency has concluded that 
electronic submissions are not yet always ``practicable'' because use 
of electronic submission in these other situations can entail 
disproportionate costs in time, labor, and other resources, and 
sometimes can even delay doing something that needs to be done quickly. 
Since one aim of the GPEA is to increase the efficiency of government, 
when the use of electronic media for submission decreases efficiency, 
the use of electronic media is, at least for the time being, not 
``practicable.''
    Public comments on the proposed rule have led us to make a 
significant change in what we consider ``practicable.'' The proposed 
rule would have continued to require multiple copies of paper 
submissions (though in reduced numbers), and would, moreover, have 
required the same number of copies of documents submitted on CD-ROM. 
However, in light of the comments, the NRC has decided to eliminate 
nearly all requirements for multiple copies, and most of the changes to 
the proposed rule implement that decision. We say ``nearly all,'' 
because we have retained, and made more explicit, the requirement in 
Part 63 that the application for a license for a first-of-a-kind high-
level waste repository at Yucca Mountain, Nevada, be submitted in 
multiple paper copies. We have not wished to introduce new options into 
a unique process that has come far enough to give the probable 
participants reasonably settled expectations about how the application 
will be submitted and distributed. Moreover, given the technology that 
is reasonably available to all the probable participants, the 
application is more likely to be distributed in a timely way if the 
current regulations are adhered to; and, given the statutory time limit 
on the length of the licensing proceeding, time is of the essence.\2\ 
However, these same arguments do not apply to possible future 
applications under the generic high-level waste regulations in Part 60, 
and so the requirements for multiple copies have been removed from that 
part. For a related discussion of the meaning of ``practicable,'' see 
the beginning of Section III of this notice.
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    \2\ For similar reasons, we have revised Sec.  63.22 to require 
that the license application, any amendments to the application, and 
the environmental impact statement and its supplements for the Yucca 
Mountain facility be submitted also on optical storage media. In 
fact, the Department of Energy has already submitted the final 
environmental impact statement for Yucca Mountain on optical storage 
media. Moreover, this new requirement in Sec.  63.22 is virtually 
entailed by the existing requirement in 10 CFR 2.1013(a)(2) that the 
application be docketed in electronic form, and that the Secretary 
of the Commission determine that the application can be properly 
accessed under the Commission's rules for the electronic docket in 
the Yucca Mountain proceeding. Indeed, if the Secretary cannot make 
such a determination, the agency may reject the application as 
unacceptable for docketing. See 10 CFR 2.1012(a).
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    This single copy policy represents a major change in the way the 
NRC does business, and, as is noted later, the agency may have to make 
exception to the policy when dealing with CD-ROMs that contain certain 
kinds of files. The GPEA requires agency compliance by October 21, 
2003, where practicable. The rule and guidance are being published by 
that date. However, the transition to electronic communications will be 
gradual. The NRC has established January 1, 2004, as the effective date 
of the rule and guidance document. It is not practicable to implement 
fully the rule and guidance any sooner. The guidance document has been 
updated to include several new sections on organizing and segmenting 
files. These new sections will enhance the NRC's capability to produce 
paper copies. In the meantime, the delayed effective date for the rule 
and guidance will allow additional time for the NRC to develop its 
implementation plan and procedures and prepare to meet its staff's 
requirements for on-demand paper and CD-ROM copies. This delay will 
also allow both the NRC staff and submitters (particularly NRC 
licensees) more time to become familiar with the guidance and to modify 
their business processes (as appropriate) to achieve a successful 
transition to the electronic environment. The existing guidance 
documents on electronic submissions, Regulatory Issue Summary 2001-05 
(which was directed toward Part 50 licensees and applicants) and the 
August 10, 2001, letter (which was directed toward certain fuel cycle 
facilities) will remain in effect during the period between the 
required GPEA compliance date (October 21, 2003) and the effective date 
of this final rule (January 1, 2004). When this final rule takes 
effect, the new guidance document will supersede both of the existing 
guidance documents on electronic submissions.
    Few of the NRC's regulations on communications explicitly rule out 
electronic communications. Thus, it has not proven difficult to remove 
regulatory text that impedes electronic communications in circumstances 
where electronic communications would be practicable. In searching our 
regulations, we found only one regulation--Sec.  50.4(c)--that 
explicitly required the submission of paper. Many of our regulations 
require written, or written and signed, communications.

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These requirements need not be changed, because electronic 
communications certainly are ``written'' and we have in place 
technology for electronic signatures.
    We have not had to propose amendments to our regulations on 
maintenance of records. A great many of these regulations already 
explicitly permit the use of electronic means to maintain records, and 
those that do not explicitly permit electronic maintenance of records 
do not in any way imply that electronic strategies for preservation are 
disallowed.
    Thus, our amendments to existing regulations are confined largely 
to regulations that imply that electronic means of communication are 
prohibited. The typical regulation of this sort says that 
communications under a certain part of our regulations must be by mail 
or delivery in person. By appearing to be exhaustive, the regulation 
may be read to imply that electronic communication is prohibited. We 
have amended almost all of these or similar provisions, leaving in 
place only those regulations that dictate telephonic or similar 
communications when circumstances demand, as, for example, when a 
licensee must notify the agency promptly of a radiological overexposure 
or an accidental release of radioactive material.
    These rulemaking amendments and the guidance document appended to 
this final rule do not address the submission of documents in hearings 
under the NRC regulations in 10 CFR part 2 and other parts that govern 
hearings. In particular, the amendments and guidance do not apply to 
proceedings under 10 CFR part 2 Subpart J, on the issuance of licenses 
for high-level waste repositories. Subpart J will continue to govern 
those proceedings. The use of electronic submissions in litigation in 
Federal courts and agencies is being widely discussed, and this 
rulemaking is not intended to resolve issues of when and how to use 
electronic submissions during hearings. Separate rules or guidance 
addressing procedures for electronic communications in hearings will be 
issued in the future for public comment. For at least the near future, 
parties in hearings must follow the directions that presiding officers 
issue on how submissions are to be made.
    This final rule applies only to communications to the NRC from 
licensees, certificate holders, applicants, vendors who are required to 
submit documents to the NRC, external entities (Federal, State, and 
local governments) and other members of the public, but the GPEA is 
read to apply also to communications from Federal agencies to the 
public. Though the NRC is working to further this aspect of the GPEA 
also, it is not yet practicable for the agency to send all of its 
communications to licensees and other members of the public by means of 
electronic submissions. Moreover, the agency must take into account 
that not all persons who are interested in its work have access to 
electronic communication. Nonetheless, the NRC's EIE process is 
designed for both receiving and sending electronic communications. 
Moreover, the NRC posts a large amount of information on its external 
Web site, including significant agency communications, and makes 
information publicly available via ADAMS, the NRC's electronic 
recordkeeping system.

III. Comments on the Guidance Document

    This analysis presents a summary of the significant comments 
received on the draft guidance and the resolution of those comments by 
the NRC. The guidance has also been revised to incorporate editorial 
corrections, clarifications, and updates of the information, as 
appropriate.
    Comment 1: The majority of the commenters objected to the NRC's 
proposed requirement that a paper copy accompany all submissions on CD-
ROM. The commenters disagreed with this requirement, indicating they 
have moved to an electronic environment based on NRC guidance contained 
in RIS 2001-05, which states that submissions made on CD-ROM do not 
require the submission of a paper copy. Several commenters stated that 
the NRC's paper copy requirement with submissions on CD-ROM was based 
on the NRC staff's unwillingness to use electronic versions, and the 
agency's unwillingness to purchase printing equipment that would enable 
it to make paper copies from the CD-ROM submissions.
    Response: The NRC proposed that a paper copy be required with CD-
ROM submittals because the NRC is required to make information 
accessible to both its staff and the public. On the public side, this 
means making the information available not only to those who have the 
technology to access electronic information, but also to those who do 
not have access to computers and the Internet. Requiring a paper copy 
provides the NRC with an efficient means of reproducing documents for 
members of the public who do not use the technology for various 
reasons. The paper copy is also a means of making information 
accessible to individuals with handicaps, as stipulated in section 508 
of the Rehabilitation Act. Many of the formats currently being adopted 
for electronic information are images of textual information. These 
images do not work with the assistive technologies currently on the 
market. However, there are technologies available for converting text 
from paper to accessible formats for use by the handicapped. Thus, the 
NRC needs access to paper copies of many electronic submissions in 
order to provide information to the public.
    Before establishing the requirement for submission of a paper copy 
with CD-ROM submittals, the NRC tested its ability to make copies from 
samples of CD-ROMs received from several nuclear utilities. Sample CD-
ROMs were also provided to leading suppliers of printing and 
duplication services in the Washington, D.C., area to solicit cost 
estimates and to verify each supplier's ability to make paper copies 
from CD-ROMs submitted to the NRC. Both NRC and the local printing 
community have equipment that could print any file on the sample CD-
ROMs. However, in some instances, the complexity of the file structures 
on the CD-ROMade it almost impossible to accurately reconstruct paper 
copies from the submissions. In those instances, the cost of creating 
paper copies from the CD-ROM would be prohibitive. Therefore, the NRC 
proposed that the individuals who create the documents (licensees, 
applicants, etc.) provide a single paper copy for use by the NRC for 
duplication purposes.
    Nonetheless, after evaluating the public comments, the NRC is 
deleting from the guidance the requirement for a paper copy. In those 
instances where the NRC requires a paper copy for accessibility or 
other reasons, it will make every effort to produce the copy using NRC 
resources. The updated guidance includes several new sections on 
organization and segmentation of files being submitted to the NRC. The 
new sections will facilitate the NRC's capability to produce paper 
copies. However, when the agency is unable to successfully generate an 
accurate paper copy from the CD-ROM, the NRC may require the submitter 
to produce a paper copy. This will be handled on a case-by-case basis.
    Comment 2: Commenters encouraged the NRC to develop the capability 
to handle many of the types of documents listed as ``Exceptions to 
Electronic Submission'' in the guidance.
    Response: Many of the exceptions to electronic submission are not 
related to the capabilities of NRC systems to handle the electronic 
information. Some are driven by regulations and processes

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that are not within the NRC's control. However, the NRC will continue 
to work to enhance the capabilities of the Electronic Information 
Exchange (EIE) process in the hope of accommodating some of the current 
exceptions to electronic transmissions. Since the draft was issued, the 
EIE capabilities have been enhanced to allow the submission of 
proprietary, privacy, and official-use-only information. For example, 
in the proposed guidance, fingerprint cards were listed as an exception 
to transmission via EIE. Under the current guidance, fingerprints can 
be transmitted via EIE.
    Comment 3: The guidance limits the versions of software formats 
that may be submitted. In some cases the software versions prescribed 
by the NRC are not the current versions. The NRC should try to keep up 
with the latest versions of software.
    Response: In the Federal environment, upgrades to the latest 
software can take time. However, the NRC agrees to take steps to ensure 
the timely approval of the most current versions of software for making 
submissions to the agency. However, based on National Archives and 
Records Administration (NARA) guidance documents issued subsequent to 
publication of the NRC's draft guidance, NRC is restricting the 
software format versions that are acceptable for submissions to the 
agency to the current and two prior versions. The guidance has been 
updated to incorporate this change.
    Comment 4: Several commenters stated that versions of software 
should not be dictated and that there should be no restrictions on the 
use of versions of software.
    Response: The NRC is required to transfer permanent records to NARA 
in an approved format. NARA currently does not allow submission of 
documents created using proprietary software. Thus, documents must be 
converted to an acceptable publicly available format.
    Therefore, the NRC must require submitters to provide electronic 
information in one of the NARA-approved formats.
    NARA further restricts formats by only accepting documents 
converted using the current version or the two previous versions of the 
software. The NRC is adopting the same approach for submissions to the 
agency.
    The NRC has decided that only documents in one of the NARA-approved 
PDF formats (see Section 2.1 of the guidance document) or in one of the 
formats listed for transfer of spreadsheets that are intended for 
further calculations by the NRC staff are acceptable for electronic 
submission to the NRC.
    Comment 5: Some comments stated that the use of a three-digit 
numeric prefix in file names is too prescriptive, complicates 
production of documents, and is unnecessary.
    Response: The NRC has several years of experience reviewing and 
attempting to capture documents submitted to the agency in electronic 
form. NRC has learned that, in many instances, it is almost impossible 
to decipher the correct order in which to capture the files to 
duplicate the document on the transfer medium. Each document submitted 
to the NRC is created differently, according to the business needs of 
the creating entity and the level of expertise in the use of the 
capture software by the individual who creates the document. In many 
instances the file structure, use of folders, other formatting 
conventions used, and the relationships between files cannot be 
determined. Microsoft Explorer and other file management tools further 
complicate the situation by reordering the file structure. Thus, the 
file structure of the document cannot be duplicated in the NRC's 
systems. As a result, the NRC is unable to capture these submissions in 
its electronic document/records management system. These submissions 
are currently managed outside of NRC's electronic document management 
systems as individual objects, maintained on the transfer medium 
provided. This creates migration and transfer issues that have to be 
managed on an individual basis. The use of the three-digit prefix is an 
effort to simplify document capture, ensure correct ordering of files, 
and increase the accuracy and fidelity of the information captured in 
the NRC's electronic systems.
    For these reasons, the NRC will continue to require a three-digit 
prefix on all files submitted electronically.
    Comment 6: Most comments received included remarks about the 
maximum file size that can be submitted electronically to the NRC. 
These comments all requested that the file size limit be increased.
    Response: The NRC contracted for a study to evaluate the most 
logical file size limit based on receipt and capture of incoming files 
and issues related to access, retrieval, and transfer via the Internet. 
This study concluded that the optimal file size limit for use by the 
NRC is 50MB. Therefore, the NRC is modifying its guidance to raise the 
file size limit for both EIE and CD-ROM submissions to 50MB per file. 
The NRC had previously proposed a 20MB limit.
    Additionally, the NRC has discovered that small files are 
problematic because large numbers of small files require significant 
resources to capture and profile in electronic document management 
systems. Therefore, the NRC encourages submitters to combine files that 
are parts of larger documents to create 50MB files that can be more 
economically and efficiently managed.
    Comment 7: Several comments stated that the resolution standards 
for images provided to the NRC are too high.
    Response: The resolution standards included in the draft guidance 
were based on the NRC's experience with images and requirements 
identified by Adobe to ensure that images can be migrated. This 
proposed guidance was developed by the NRC before the availability of 
Government-wide guidance from NARA. Since the draft guidance was 
published, NARA has issued standards for the transfer of scanned images 
and PDF documents to NARA. The NRC is adopting these standards in 
Section 2.5 of the guidance so that the agency can comply with the NARA 
transfer requirements. The NARA guidance specifies higher resolution 
levels than proposed originally by the NRC for some image forms. The 
NRC's original proposed standard was 300 dots per inch (dpi) for Bi-
tonal (Black and White) and 200 dpi for Color and Grayscale. The 
revised standard is 300 dpi for all three.
    Comment 8: Several comments stated that the NRC should specify a 
standard format for submission of documents on CD-ROM that would allow 
for the upload of the documents into NRC systems.
    Response: The NRC agrees. A new section has been added to the 
guidance (Section 2.14) to cover requirements for segmenting large 
documents, and another (Section 4.3) has been revised to cover 
requirements for the accompanying transmittal letter to facilitate the 
capture of CD-ROM submissions in ADAMS and other NRC systems.

IV. Section-by-Section Analysis

    Well over 100 of our regulations are being amended by this final 
rule. However, we are making only a very few kinds of changes, and so 
an analysis of each and every amended section would be highly 
repetitious and, more important, would obscure the aims and forms of 
the amendments. Therefore, rather than describe each amended section, 
we will describe only the typical changes we are making and why we are 
making them.

[[Page 58796]]

    Many of the kinds of changes are adequately represented by the 
proposed changes to sections of Part 30.
    (1) The changes to Sec.  30.6, ``Communications,'' are examples of 
the most important kind of amendment in this rule. Section 30.6 and its 
analogues in other parts of the NRC's regulations have typically said 
that communications are to be mailed or delivered by hand to the agency 
or one of its regional offices. The amended section makes clear that 
the current list of options is not exhaustive, and that electronic 
communications are permitted where ``practicable.'' The amendment 
refers readers to guidance for answers to questions about what is 
practicable and how electronic submissions are to be made. The NRC has 
developed a guidance document that provides specific information 
concerning electronic submissions. This guidance document appears as an 
appendix to this final rule. Please note that the guidance document 
will not be codified in the Code of Federal Regulations.
    A variation on Sec.  30.6 requires that paper submissions be on a 
``page-replacement'' basis or that an envelope be marked a certain way. 
See, for example, Sec.  72.70(c) and Sec.  9.67. We have also amended 
these regulations to make clear that an electronic option is available 
on a full-replacement basis.
    The amendment of Sec.  30.6 illustrates a general principle we have 
followed throughout the amendments, namely, that the amended 
regulations should contain no less information than the previous 
regulations. We had considered saving time and reducing printed 
regulatory text by leaving existing communications regulations 
unchanged and simply adding to Chapter I of Title 10 of the Code of 
Federal Regulations a single new regulation on communications, 
applicable to communications under every part of the NRC's regulations. 
This regulation would have said that, with certain exceptions, the 
electronic option was available, notwithstanding what any other NRC 
communications regulation said. However, regulations on communications 
then would have contradicted each other, and readers of one of the 
other parts could have been misled by the part they were reading into 
thinking that communications had to be by mail or delivery in person. 
Thus, to avoid inconsistencies and to ensure that the new regulations 
contain as much information as the old ones, we have revised any 
section that, because it mentioned only one or two options for 
communications, implied that the electronic option was ruled out. Thus, 
we have amended Sec.  30.6 in several places.
    (2) The amendments to Sec.  30.50(c), ``Reporting requirements,'' 
and Sec.  30.55 (c), ``Tritium reports,'' are instances of a second 
major class of amendment in this final rule. The sections amended by 
this class typically required two or three kinds of notification to the 
NRC--a more or less immediate notification by phone or sometimes 
telefax or telegram of an incident, a pending shipment, or other time-
sensitive matter; then a followup report several hours later, again by 
phone, telefax, or telegram; and finally, several days later, a written 
report to the appropriate office director. Section 30.50 requires all 
three kinds of reports. Generally speaking, we have not added an 
electronic option for the first two kinds of reports, the short-term 
ones, because the aims of these required reports are best served by 
consistently stable, rapid, and fully interactive means of 
communications. Electronic Information Exchange communications may not 
yet consistently meet these needs. E-mail delivery times, for example, 
can still be measured in days sometimes, and even ``instant messaging'' 
does not always permit the same facility of information exchange and 
discussion that the telephone permits. Thus, we have concluded that, at 
the present time, electronic communication of short-term reports is not 
yet ``practicable.'' We will revisit these requirements as the 
technology advances. Nonetheless, the amendments in this final rule add 
the electronic option for communicating written followup reports 
required by Sec. Sec.  30.50 and 30.55 and their analogues.
    (3) The amendment to Sec.  30.7(e)(3) is an example of a third 
class of amendment that is less important than the two that have 
already been discussed. Several regulations require that a licensee or 
applicant acquire a copy of an NRC form, either for posting at the 
licensee's facility (as in the case of Sec.  30.7), for filling out and 
sending to the NRC to apply for a license, or to meet a reporting 
requirement. These regulations typically say that the form may be 
acquired by writing to a certain address or by calling a certain 
number. The amendments to these sections add that the forms may be 
acquired by visiting the NRC's Web site.
    In addition, throughout the regulations we have also eliminated 
requirements for multiple copies of submissions. For example, Sec.  
51.66 previously required submittal of 25 copies of the environmental 
report and retention of an additional 125 copies for later 
distribution. The submittal requirement is now being reduced to a 
single copy, and instead of being required to retain copies, an 
applicant will be required to maintain the capability to generate 
additional copies as directed.
    This final rule text also makes a number of minor changes to 
reflect other final rules that the NRC has issued since the proposed 
rule on electronic submissions was issued. The text also contains a 
number of administrative changes, such as changes in phone numbers and 
street and e-mail addresses.

V. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995 
(NTTAA), Pub. L. 104-113, requires that Federal agencies use technical 
standards that are developed or adopted by voluntary consensus 
standards bodies unless using such a standard is inconsistent with 
applicable law or otherwise impractical. In this final rule, the NRC is 
not adopting any technical standard. It is simply helping to ensure, 
through a rulemaking, that the agency will be in timely compliance with 
the requirement in the Government Paperwork Elimination Act, Pub. L. 
105-277, that Federal agencies allow electronic submissions of 
information where practicable. Thus, no showing of compliance with the 
NTTAA is necessary here.

VI. Environmental Impact: Categorical Exclusion

    The NRC has determined that this final rule is the type of action 
described in categorical exclusion 10 CFR 51.22(c)(2), because this 
action seeks nonpolicy, procedural changes to the NRC's regulations. 
Moreover, because of the broad nature of this action and the number of 
the NRC's regulations affected, several other categorical exclusions 
apply to this rule, including 10 CFR 51.22(c)(1) and (3)(i)-(iii). 
Also, 10 CFR 51.22(c)(16) applies to the guidance being issued in 
connection with this rule and to the rule itself. Therefore, neither an 
environmental impact statement nor an environmental assessment has been 
prepared for these changes to the regulations. Because of its 
procedural nature, this action does not raise environmental justice 
concerns.

VII. Paperwork Reduction Act Statement

    The Office of Management and Budget (OMB) has determined that, 
because this final rule provides the option of collecting information 
by use of electronic means but does not amend the existing information 
collections to

[[Page 58797]]

which the rule pertains, OMB's review and approval under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 and following) are not required.

VIII. Regulatory Analysis

    A regulatory analysis has not been prepared for this rulemaking. 
The amendments below will neither impose new nor relax existing safety 
requirements and, thus, do not call for the sort of safety/cost 
analysis described in the agency's regulatory analysis guidelines in 
NUREG/BR-0058. Moreover, the NRC is required by the Government 
Paperwork Elimination Act, Pub. L. 105-277 (44 U.S.C. 3505, note), to 
allow electronic submissions where practicable, and the final rule does 
simply that. Thus, an analysis of costs and benefits could not alter a 
decision to implement the policy embodied in this rule. However, the 
NRC believes that the rule will afford all persons who deal with the 
agency greater flexibility in choosing the format of many of their 
communications and, thus, will allow them to choose less costly 
alternatives, often reducing the current costs of their communications 
with the NRC.

IX. Regulatory Flexibility Certification

    In accordance with section 605(b) of the Regulatory Flexibility Act 
(Title 5, Chapter 6 of the U.S. Code), the Commission certifies that 
this rule does not have a significant economic impact on a substantial 
number of small entities. Therefore, in accordance with section 605(b), 
the NRC is not preparing a regulatory flexibility analysis. The rule 
will in fact apply to the many small entities that are among the NRC's 
licensees, but it will impose no new burdens on those small entities. 
To the contrary, as noted in the regulatory analysis section of this 
notice, the agency's expectation is that the rule will reduce burdens.
    The NRC is providing the certification to the Chief Counsel for 
Advocacy of the SBA, in accordance with section 605 of the Regulatory 
Flexibility Act.

X. Backfit Analysis

    The NRC has determined that a backfit analysis is not required for 
this final rule because these amendments do not include any provisions 
that would require backfits as defined in 10 CFR Chapter I. 
Furthermore, this rule is necessary so that the NRC can respond 
adequately to the mandate in the Government Paperwork Elimination Act 
of 1998 that Federal agencies ``provide for the option of the 
electronic maintenance, submission, or disclosure of information, when 
practicable as a substitute for paper * * *'' (Pub. L. 105-277, Sec. 
1704). Therefore, a backfit analysis has not been prepared for this 
final rule.

XI. Congressional Review

    The provisions of 5 U.S.C. 801 et seq., which govern congressional 
review of rulemakings, do not apply to this rulemaking because it 
concerns agency procedure and practice and will not substantially 
affect the rights and obligations of nonagency parties. See 5 U.S.C. 
804(3)(C).

List of Subjects

10 CFR Part 2

    Administrative practice and procedure, Antitrust, Byproduct 
material, Classified information, Environmental protection, Nuclear 
materials, Nuclear power plants and reactors, Penalties, Sex 
discrimination, Source material, Special nuclear material, Waste 
treatment and disposal.

10 CFR Part 4

    Administrative practice and procedure, Blind, Buildings, Civil 
rights, Employment, Equal employment opportunity, Federal aid programs, 
Grant programs, Handicapped, Loan programs, Reporting and recordkeeping 
requirements, Sex discrimination.

10 CFR Part 9

    Criminal penalties, Freedom of information, Privacy, Reporting and 
recordkeeping requirements, Sunshine Act.

10 CFR Part 11

    Hazardous materials--transportation, Investigations, Nuclear 
materials, Reporting and recordkeeping requirements, Security measures, 
Special nuclear material.

10 CFR Part 15

    Administrative practice and procedure, Debt collection.

10 CFR Part 19

    Criminal penalties, Environmental protection, Nuclear materials, 
Nuclear power plants and reactors, Occupational safety and health, 
Radiation protection, Reporting and recordkeeping requirements, Sex 
discrimination.

10 CFR Part 20

    Byproduct material, Criminal penalties, Licensed material, Nuclear 
materials, Nuclear power plants and reactors, Occupational safety and 
health, Packaging and containers, Radiation protection, Reporting and 
recordkeeping requirements, Source material, Special nuclear material, 
Waste treatment and disposal.

10 CFR Part 21

    Nuclear power plants and reactors, Penalties, Radiation protection, 
Reporting and recordkeeping requirements.

10 CFR Part 25

    Classified information, Criminal penalties, Investigations, 
Reporting and recordkeeping requirements, Security measures.

10 CFR Part 30

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

10 CFR Part 31

    Byproduct material, Criminal penalties, Labeling, Nuclear 
materials, Packaging and containers, Radiation protection, Reporting 
and recordkeeping requirements, Scientific equipment.

10 CFR Part 32

    Byproduct material, Criminal penalties, Labeling, Nuclear 
materials, Radiation protection, Reporting and recordkeeping 
requirements.

10 CFR Part 33

    Byproduct material, Criminal penalties, Nuclear materials, 
Radiation protection, Reporting and recordkeeping requirements.

10 CFR Part 34

    Criminal penalties, Packaging and containers, Radiation protection, 
Radiography, Reporting and recordkeeping requirements, Scientific 
equipment, Security measures.

10 CFR Part 35

    Byproduct material, Criminal penalties, Drugs, Health facilities, 
Health professions, Medical devices, Nuclear materials, Occupational 
safety and health, Radiation protection, Reporting and recordkeeping 
requirements.

10 CFR Part 39

    Byproduct material, Criminal penalties, Nuclear material, Oil and 
gas exploration--well logging, Reporting and recordkeeping 
requirements, Scientific equipment, Security measures, Source material, 
Special nuclear material.

10 CFR Part 40

    Criminal penalties, Government contracts, Hazardous materials

[[Page 58798]]

transportation, Nuclear materials, Reporting and recordkeeping 
requirements, Source material, Uranium.

10 CFR Part 50

    Antitrust, Classified information, Criminal penalties, Fire 
protection, Intergovernmental relations, Nuclear power plants and 
reactors, Radiation protection, Reactor siting criteria, Reporting and 
recordkeeping requirements.

10 CFR Part 51

    Administrative practice and procedure, Environmental impact 
statement, Nuclear materials, Nuclear power plants and reactors, 
Reporting and recordkeeping requirements.

10 CFR Part 52

    Administrative practice and procedure, Antitrust, Backfitting, 
Combined license, Early site permit, Emergency planning, Fees, 
Inspection, Limited work authorization, Nuclear power plants and 
reactors, Probabilistic risk assessment, Prototype, Reactor siting 
criteria, Redress of site, Reporting and recordkeeping requirements, 
Standard design, Standard design certification.

10 CFR Part 55

    Criminal penalties, Manpower training programs, Nuclear power 
plants and reactors, Reporting and recordkeeping requirements.

10 CFR Part 60

    Criminal penalties, High-level waste, Nuclear materials, Nuclear 
power plants and reactors, Reporting and recordkeeping requirements, 
Waste treatment and disposal.

10 CFR Part 61

    Criminal penalties, Low-level waste, Nuclear materials, Reporting 
and recordkeeping requirements, Waste treatment and disposal.

10 CFR Part 62

    Administrative practice and procedure, Denial of access, Emergency 
access to low-level waste disposal, Low-level radioactive waste, Low-
level radioactive waste treatment and disposal, Low-level waste policy 
amendments act of 1985, Nuclear materials, Reporting and recordkeeping 
requirements.

10 CFR Part 63

    Criminal penalties, High-level waste, Nuclear power plants and 
reactors, Reporting and recordkeeping requirements, Waste treatment and 
disposal.

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.

10 CFR Part 71

    Criminal penalties, Hazardous materials transportation, Nuclear 
materials, Packaging and containers, Reporting and recordkeeping 
requirements.

10 CFR Part 72

    Administrative practice and procedure, Criminal penalties, Manpower 
training programs, Nuclear materials, Occupational safety and health, 
Penalties, Radiation protection, Reporting and recordkeeping 
requirements, Security measures, Spent fuel, Whistleblowing.

10 CFR Part 73

    Criminal penalties, Export, Hazardous materials transportation, 
Import, Nuclear materials, Nuclear power plants and reactors, Reporting 
and recordkeeping requirements, Security measures.

10 CFR Part 74

    Accounting, Criminal penalties, Hazardous materials transportation, 
Material control and accounting, Nuclear materials, Packaging and 
containers, Radiation protection, Reporting and recordkeeping 
requirements, Scientific equipment, Special nuclear material.

10 CFR Part 75

    Criminal penalties, Intergovernmental relations, Nuclear materials, 
Nuclear power plants and reactors, Reporting and recordkeeping 
requirements, Security measures.

10 CFR Part 76

    Certification, Criminal penalties, Radiation protection, Reporting 
and recordkeeping requirements, Security measures, Special nuclear 
material, Uranium enrichment by gaseous diffusion.

10 CFR Part 81

    Administrative practice and procedure, Inventions and patents.

10 CFR Part 95

    Classified information, Criminal penalties, Reporting and 
recordkeeping requirements, Security measures.

10 CFR Part 100

    Nuclear power plants and reactors, Reactor siting criteria.

10 CFR Part 110

    Administrative practice and procedure, Classified information, 
Criminal penalties, Export, Import, Intergovernmental relations, 
Nuclear materials, Nuclear power plants and reactors, Reporting and 
recordkeeping requirements, Scientific equipment.

10 CFR Part 140

    Criminal penalties, Extraordinary nuclear occurrence, Insurance, 
Intergovernmental relations, Nuclear materials, Nuclear power plants 
and reactors, Reporting and recordkeeping requirements.

10 CFR Part 150

    Criminal penalties, Hazardous materials transportation, 
Intergovernmental relations, Nuclear materials, Reporting and 
recordkeeping requirements, Security measures, Source material, Special 
nuclear material.

10 CFR Part 170

    Byproduct material, Import and export licenses, Intergovernmental 
relations, Non-payment penalties, Nuclear materials, Nuclear power 
plants and reactors, Source material, Special nuclear material.

10 CFR Part 171

    Annual charges, Byproduct material, Holders of certificates, 
registrations, approvals, Intergovernmental relations, Nonpayment 
penalties, Nuclear materials, Nuclear power plants and reactors, Source 
material, Special nuclear material.

0
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 NRC is adopting the 
following amendments to 10 CFR Chapter I:

PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND 
ISSUANCE OF ORDERS

0
1. The authority citation for part 2 is revised to read as follows:

    Authority: Secs. 161, 181, 68 Stat. 948, 953, as amended (42 
U.S.C. 2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat. 
409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 
5841); 5 U.S.C. 552; sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 
note).
    Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 
105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 
U.S.C. 2073, 2092, 2093, 2111, 2133, 2134,

[[Page 58799]]

2135); sec. 114(f); Pub. L. 97-425, 96 Stat. 2213, as amended (42 
U.S.C. 10143(f)); sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended 
(42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871). Section 
2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 103, 
104, 105, 183i, 189, 68 Stat. 936, 937, 938, 954, 955, as amended 
(42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239). Section 2.105 also 
issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). 
Sections 2.200-2.206 also issued under secs. 161 b, i, o, 182, 186, 
234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended (42 U.S.C. 2201 
(b), (i), (o), 2236, 2282); sec. 206, 88 Stat. 1246 (42 U.S.C. 
5846). Section 2.205(j) also issued under Pub. L. 101-410, 104 Stat. 
90, as amended by section 3100(s), Pub. L. 104-134, 110 Stat. 1321-
373 (28 U.S.C. 2461 note). Section 2.600-2.606 also issued under 
sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). 
Section 2.700a, 2.719 also issued under 5 U.S.C. 554. Sections 
2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557. Section 
2.764 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 
2232, 2241 (42 U.S.C. 10155, 10161). Section 2.790 also issued under 
sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 
552. Sections 2.800 and 2.808 also issued under 5 U.S.C. 553, 
Section 2.809 also issued under 5 U.S.C. 553, and sec. 29, Pub. L. 
85-256, 71 Stat. 579, as amended (42 U.S.C. 2039). Subpart K also 
issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. 
L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). Subpart L also issued 
under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Subpart M also issued 
under sec. 184 (42 U.S.C. 2234) and sec. 189, 68 Stat. 955 (42 
U.S.C. 2239). Appendix A also issued under sec. 6, Pub. L. 91-560, 
84 Stat. 1473 (42 U.S.C. 2135).


0
2. In Sec.  2.206, the second sentence of paragraph (a) is removed and 
three sentences are added in its place to read as follows:


Sec.  2.206  Requests for action under this subpart.

    (a) * * * Requests must be addressed to the Secretary of the 
Commission and must be filed either by hand delivery to the NRC's 
Offices at 11555 Rockville Pike, Rockville, Maryland; by mail or 
telegram addressed to the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001; or by electronic submission, for 
example, via facsimile, Electronic Information Exchange, e-mail, or CD-
ROM. Electronic submissions must be made in a manner that enables the 
NRC to receive, read, authenticate, distribute, and archive the 
submission, and process and retrieve it a single page at a time. 
Detailed guidance on making electronic submissions can be obtained by 
visiting the NRC's Web site at http://www.nrc.gov/site-help/eie.html, 
by calling (301) 415-6030, by e-mail to [email protected]; or by writing the 
Office of the Chief Information Officer, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001. * * *
* * * * *

0
3. In Sec.  2.802, paragraph (a) and the second sentence of the 
introductory text of paragraph (b) are revised to read as follows:


Sec.  2.802  Petition for rulemaking.

    (a) Any interested person may petition the Commission to issue, 
amend or rescind any regulation. The petition should be addressed to 
the Secretary, Attention: Rulemakings and Adjudications Staff, and sent 
either by mail addressed to the U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; by facsimile; by hand delivery to the NRC's 
offices at 11555 Rockville Pike, Rockville, Maryland; or, where 
practicable, by electronic submission, for example, via Electronic 
Information Exchange, e-mail, or CD-ROM. Electronic submissions must be 
made in a manner that enables the NRC to receive, read, authenticate, 
distribute, and archive the submission, and process and retrieve it a 
single page at a time. Detailed guidance on making electronic 
submissions can be obtained by visiting the NRC's Web site at http://www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by e-mail to 
[email protected], or by writing the Office of the Chief Information Officer, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The 
guidance discusses, among other topics, the formats the NRC can accept, 
the use of electronic signatures, and the treatment of nonpublic 
information.
    (b) * * * A prospective petitioner also may telephone the Rules and 
Directives Branch on (301) 415-7163, or toll free on (800) 368-5642, or 
send e-mail to [email protected].
* * * * *

PART 4--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR 
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE 
COMMISSION

0
4. The authority citation for part 4 is revised to read as follows:

    Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); 
sec. 274, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, 88 
Stat. 1242, as amended (42 U.S.C. 5841); sec. 1704, 112 Stat. 2750 
(44 U.S.C. 3504 note).
    Subpart A also issued under secs. 602-605, Pub. L. 88-352, 78 
Stat. 252, 253 (42 U.S.C. 2000d-1-2000d-4); sec. 401, 88 Stat. 1254 
(42 U.S.C. 5891).
    Subpart B also issued under sec. 504, Pub. L. 93-112, 87 Stat. 
394 (29 U.S.C. 706); sec. 119, Pub. L. 95-602, 92 Stat. 2984 (29 
U.S.C. 794); sec. 122, Pub. L. 95-602, 92 Stat. 2984 (29 U.S.C. 
706(6)).
    Subpart C also issued under Title III of Pub. L. 94-135, 89 
Stat. 728, as amended (42 U.S.C. 6101).
    Subpart E also issued under 29 U.S.C. 794.


0
5. Section 4.5 is revised to read as follows:


Sec.  4.5  Communications and reports.

    Except as otherwise indicated, communications and reports relating 
to this part may be sent to the NRC by mail addressed to the U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand 
delivery to the NRC's offices at 11555 Rockville Pike, Rockville, 
Maryland; or, where practicable, by electronic submission, for example, 
via Electronic Information Exchange, or CD-ROM. Electronic submissions 
must be made in a manner that enables the NRC to receive, read, 
authenticate, distribute, and archive the submission, and process and 
retrieve it a single page at a time. Detailed guidance on making 
electronic submissions can be obtained by visiting the NRC's Web site 
at http://www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by 
e-mail to [email protected], or by writing the Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. The guidance discusses, among other topics, the formats the 
NRC can accept, the use of electronic signatures, and the treatment of 
nonpublic information.

0
6. In Sec.  4.570, paragraph (c) is revised to read as follows:


Sec.  4.570  Compliance procedures.

* * * * *
    (c) The Civil Rights Program Manager, Office of Small Business and 
Civil Rights, shall be responsible for coordinating implementation of 
this section. Complaints should be sent to the NRC using an appropriate 
method listed in Sec.  4.5.
* * * * *

PART 9--PUBLIC RECORDS

0
7. The authority citation for part 9 is revised to read as follows:

    Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); 
sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); sec. 1704, 112 
Stat. 2750 (44 U.S.C. 3504 note).
    Subpart A also issued under 5 U.S.C. 552; 31 U.S.C. 9701; Pub. 
L. 99-570.
    Subpart B is also issued under 5 U.S.C. 552a.
    Subpart C also issued under 5 U.S.C. 552b.


0
8. Section 9.6 is added to read as follows:

[[Page 58800]]

Sec.  9.6  Communications.

    Except as otherwise indicated, communications relating to this part 
shall be addressed to the Freedom of Information Act and Privacy Act 
Officer, may be sent to the NRC by mail addressed to the U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001; by hand delivery to 
the NRC's offices at 11555 Rockville Pike, Rockville, Maryland; or, 
where practicable, by electronic submission via facsimile to (301) 415-
5130 or e-mail to [email protected]. Electronic submissions must be made in 
a manner that enables the NRC to receive, read, authenticate, 
distribute, and archive the submission, and process and retrieve it a 
single page at a time. Detailed guidance on making electronic 
submissions can be obtained by visiting the NRC's Web site at http://www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by e-mail to 
[email protected], or by writing the Office of the Chief Information Officer, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The 
guidance discusses, among other topics, the formats the NRC can accept, 
the use of electronic signatures, and the treatment of nonpublic 
information.

0
9. In Sec.  9.23, the first and second sentences of the introductory 
text of paragraph (b) are revised to read as follows:


Sec.  9.23  Request for records.

* * * * *
    (b) A person may request agency records by submitting a request 
authorized by 5 U.S.C. 552(a)(3) to the Office of the Chief Information 
Officer, by an appropriate method listed in Sec.  9.6. The request 
should be clearly marked ``Freedom of Information Act Request.'' * * *
* * * * *

0
10. In Sec.  9.29, the second and fifth sentences of paragraph (a) are 
revised to read as follows:


Sec.  9.29  Appeal from initial determination.

    (a) * * * For agency records denied by an Office Director reporting 
to the Executive Director for Operations, the appeal should be 
addressed to the Executive Director for Operations and sent using an 
appropriate method listed in Sec.  9.6. * * * The appeal should be 
clearly marked ``Appeal from Initial FOIA Decision.'' * * *
* * * * *

0
11. In Sec.  9.41, paragraph (a)(2) is revised to read as follows:


Sec.  9.41  Requests for waiver or reduction of fees.

    (a) * * *
    (2) Each request for a waiver or reduction of fees should be 
addressed to the Office of the Chief Information Officer, and sent 
using an appropriate method listed in Sec.  9.6.
* * * * *

0
12. In Sec.  9.53, paragraph (a) and the first sentence of paragraph 
(b) are revised to read as follows:


Sec.  9.53  Requests; how and where presented.

    (a) Requests may be made in person or in writing. Assistance 
regarding equests or other matters relating to the Privacy Act of 1974 
may be obtained by writing to the Freedom of Information Act and 
Privacy Act Officer, by an appropriate method listed in Sec.  9.6. 
Requests relating to records in multiple systems of records should be 
made to the same Officer. That Officer shall assist the requestor in 
identifying his request more precisely and shall be responsible for 
forwarding the request to the appropriate system manager.
    (b) All written requests must be made to the Freedom of Information 
Act and Privacy Act Officer, by an appropriate method listed in Sec.  
9.6, and should be clearly marked ``Privacy Act Request,'' ``Privacy 
Act Disclosure Accounting Request,'' or ``Privacy Act Correction 
Request,'' as appropriate. * * *
* * * * *
0
13. In Sec.  9.54, the last sentence of paragraph (b) is revised to 
read as follows:


Sec.  9.54  Verification of identity of individuals making requests.

* * * * *
    (b) Inability to provide requisite documentation of identity. * * * 
Forms for such notarized statements may be obtained on request from the 
Freedom of Information Act and Privacy Act Officer, and sent by an 
appropriate method listed in Sec.  9.6.
* * * * *

0
14. In Sec.  9.65, the third and fifth sentences of paragraph (b) are 
revised to read as follows:


Sec.  9.65  Access determinations; appeals.

* * * * *
    (b) * * * For agency records denied by the Assistant Inspector 
General for Investigations, the appeal must be in writing, addressed to 
the Inspector General, and sent by an appropriate method listed in 
Sec.  9.6. * * * The appeal should be clearly marked ``Privacy Act 
Appeal--Denial of Access.'' * * *
* * * * *

0
15. In Sec.  9.66, the third and fourth sentences of paragraph (b) are 
revised to read as follows:


Sec.  9.66  Determinations authorizing or denying correction of 
records; appeals.

* * * * *
    (b) * * * The appeal must be in writing, addressed to the Freedom 
of Information Act and Privacy Act Officer, and sent by an appropriate 
method listed in Sec.  9.6, for submission to the appropriate appellate 
authority for a final determination. The appeal should be clearly 
marked ``Privacy Act Correction Appeal.'' * * *
* * * * *
0
16. In Sec.  9.67, the second sentence of paragraph (a) is removed and 
two sentences are added in its place to read as follows:


Sec.  9.67  Statements of disagreement.

    (a) * * * ``Statements of Disagreement'' must be addressed, as 
appropriate, to the Inspector General or the Executive Director for 
Operations, and sent by an appropriate method listed in Sec.  9.6. They 
should also be clearly marked ``Privacy Act Statement of 
Disagreement.''
* * * * *

PART 11--CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR 
ACCESS TO OR CONTROL OVER SPECIAL NUCLEAR MATERIAL

0
17. The authority citation for part 11 is revised to read as follows:

    Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); 
sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); sec. 1704, 112 
Stat. 2750 (44 U.S.C. 3504 note).
    Section 11.15(e) also issued under sec. 501, 85 Stat. 290 (31 
U.S.C. 483a).


0
18. In Sec.  11.15, the first sentence of paragraph (a)(1) is removed 
and four sentences are added in its place to read as follows:


Sec.  11.15  Application for special nuclear material access 
authorization.

    (a)(1) Application for special nuclear material access 
authorization, renewal, or change in level must be filed by the 
licensee on behalf of the applicant with the Director, Division of 
Facilities and Security, Mail Stop T7-D57, either by mail addressed to 
the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by 
hand delivery to the NRC's offices at 11555 Rockville Pike, Rockville, 
Maryland; or, where practicable, by electronic submission, for example, 
via Electronic Information Exchange, or CD-ROM. Electronic submissions 
must be made in a manner that enables the NRC to receive, read, 
authenticate, distribute, and archive the submission, and process and 
retrieve it a single page at a time. Detailed

[[Page 58801]]

guidance on making electronic submissions can be obtained by visiting 
the NRC's Web site at http://www.nrc.gov/site-help/eie.html, by calling 
(301) 415-6030, by e-mail to [email protected], or by writing the Office of 
the Chief Information Officer, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001. The guidance discusses, among other topics, 
the formats the NRC can accept, the use of electronic signatures, and 
the treatment of nonpublic information. * * *
* * * * *

PART 15--DEBT COLLECTION PROCEDURES

0
19. The authority citation for part 15 is revised to read as follows:

    Authority: Secs. 161, 186, 68 Stat. 948, 955, as amended (42 
U.S.C. 2201, 2236); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 
5841); sec. 1, Pub. L. 97-258, 96 Stat. 972 (31 U.S.C. 3713); sec. 
5, Pub. L. 89-508, 80 Stat. 308, as amended (31 U.S.C. 3716); Pub. 
L. 97-365, 96 Stat. 1749 (31 U.S.C. 3719); Federal Claims Collection 
Standards, 31 CFR Chapter IX, parts 900-904; 31 U.S.C. Secs. 3701, 
3716; 31 CFR Sec 285; 26 U.S.C. Sec 6402(d); 31 U.S.C. Sec. 3720A; 
26 U.S.C. Sec. 6402(c); 42 U.S.C. Sec. 664; Pub. L. 104-134, as 
amended (31 U.S.C. 3713); 5 U.S.C. 5514; Executive Order 12146 (3 
CFR 1980 Comp. pp. 409-412); Executive Order 12988 (3 CFR, 1996 
Comp., pp. 157-163); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 
note).


0
20. Section 15.3 is revised to read as follows:


Sec.  15.3  Communications.

    Unless otherwise specified, communications concerning the 
regulations in this part may be addressed to the Secretary of the 
Nuclear Regulatory Commission and sent either by mail to the U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: 
Rulemakings and Adjudications Staff; by hand delivery to the NRC's 
offices at 11555 Rockville Pike, One White Flint North, Rockville, 
Maryland; or, where practicable, by electronic submission, for example, 
via Electronic Information Exchange, or CD-ROM. Electronic submissions 
must be made in a manner that enables the NRC to receive, read, 
authenticate, distribute, and archive the submission, and process and 
retrieve it a single page at a time. Detailed guidance on making 
electronic submissions can be obtained by visiting the NRC's Web site 
at http://www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by 
e-mail to [email protected], or by writing the Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. The guidance discusses, among other topics, the formats the 
NRC can accept, the use of electronic signatures, and the treatment of 
nonpublic information.

PART 19--NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION 
AND INVESTIGATIONS

0
21. The authority citation for part 19 is revised to read as follows:

    Authority: Secs. 53, 63, 81, 103, 104, 161, 186, 68 Stat. 930, 
933, 935, 936, 937, 948, 955, as amended, sec. 234, 83 Stat. 444, as 
amended, sec. 1701, 106 Stat. 2951, 2952, 2953 (42 U.S.C. 2073, 
2093, 2111, 2133, 2134, 2201, 2236, 2282, 2297f); sec. 201, 88 Stat. 
1242, as amended (42 U.S.C. 5841); Pub. L. 95-601, sec. 10, 92 Stat. 
2951 (42 U.S.C. 5851); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 
note).


0
22. In Sec.  19.11, paragraph (c)(2) is revised to read as follows:


Sec.  19.11  Posting of notices to workers.

* * * * *
    (c) * * *
    (2) Additional copies of NRC Form 3 may be obtained by writing to 
the Regional Administrator of the appropriate U.S. Nuclear Regulatory 
Commission Regional Office listed in appendix D to part 20 of this 
chapter, by calling (301) 415-5877, via e-mail to [email protected], or by 
visiting the NRC's Web site at http://www.nrc.gov and selecting forms 
from the index found on the home page.
* * * * *

0
23. In Sec.  19.17, the second sentence of paragraph (a) is removed and 
five sentences are added in its place to read as follows:


Sec.  19.17  Inspections not warranted; informal review.

    (a) * * * The complainant may obtain review of this determination 
by submitting a written statement of position to the Executive Director 
for Operations, either by mail to the U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001; by hand delivery to the NRC's 
offices at 11555 Rockville Pike, Rockville, Maryland; or, where 
practicable, by electronic submission, for example, via Electronic 
Information Exchange, or CD-ROM. Electronic submissions must be made in 
a manner that enables the NRC to receive, read, authenticate, 
distribute, and archive the submission, and process and retrieve it a 
single page at a time. Detailed guidance on making electronic 
submissions can be obtained by visiting the NRC's Web site at http://www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by e-mail to 
[email protected], or by writing the Office of the Chief Information Officer, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The 
guidance discusses, among other topics, the formats the NRC can accept, 
the use of electronic signatures, and the treatment of nonpublic 
information. The Executive Director for Operations will provide the 
licensee with a copy of such statement by certified mail, excluding, at 
the request of the complainant, the name of the complainant. * * *
* * * * *

PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION

0
24. The authority citation for part 20 is revised to read as follows:

    Authority: Secs. 53, 63, 65, 81, 103, 104, 161, 182, 186, 68 
Stat. 930, 933, 935, 936, 937, 948, 953, 955, as amended, sec. 1701, 
106 Stat. 2951, 2952, 2953 (42 U.S.C. 2073, 2093, 2095, 2111, 2133, 
2134, 2201, 2232, 2236, 2297f), secs. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); 
sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).


0
25. Section 20.1007 is revised to read as follows:


Sec.  20.1007  Communications.

    Unless otherwise specified, communications or reports concerning 
the regulations in this part should be addressed to the Executive 
Director for Operations (EDO), and sent either by mail to the U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand 
delivery to the NRC's offices at 11555 Rockville Pike, Rockville, 
Maryland; or, where practicable, by electronic submission, for example, 
via Electronic Information Exchange, or CD-ROM. Electronic submissions 
must be made in a manner that enables the NRC to receive, read, 
authenticate, distribute, and archive the submission, and process and 
retrieve it a single page at a time. Detailed guidance on making 
electronic submissions can be obtained by visiting the NRC's Web site 
at http://www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by 
e-mail to [email protected], or by writing the Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. The guidance discusses, among other topics, the formats the 
NRC can accept, the use of electronic signatures, and the treatment of 
nonpublic information.

0
26. In Sec.  20.2203, paragraph (d) is revised to read as follows:

[[Page 58802]]

Sec.  20.2203  Reports of exposures, radiation levels, and 
concentrations of radioactive material exceeding the constraints or 
limits.

* * * * *
    (d) All licensees, other than those holding an operating license 
for a nuclear power plant, who make reports under paragraph (a) of this 
section shall submit the report in writing either by mail addressed to 
the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, 
Washington, DC 20555-0001; by hand delivery to the NRC's offices at 
11555 Rockville Pike, Rockville, Maryland; or, where practicable, by 
electronic submission, for example, Electronic Information Exchange, or 
CD-ROM. Electronic submissions must be made in a manner that enables 
the NRC to receive, read, authenticate, distribute, and archive the 
submission, and process and retrieve it a single page at a time. 
Detailed guidance on making electronic submissions can be obtained by 
visiting the NRC's Web site at http://www.nrc.gov/site-help/eie.html, 
by calling (301) 415-6030, by e-mail to [email protected], or by writing the 
Office of the Chief Information Officer, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001. A copy should be sent to the 
appropriate NRC Regional Office listed in appendix D to this part.

0
27. In Sec.  20.2206, paragraph (c) is revised to read as follows:


Sec.  20.2206  Reports of individual monitoring.

* * * * *
    (c) The licensee shall file the report required by Sec.  
20.2206(b), covering the preceding year, on or before April 30 of each 
year. The licensee shall submit the report to the REIRS Project Manager 
by an appropriate method listed in Sec.  20.1007 or via the REIRS Web 
site at http://www.reirs.com.

0
28. Appendix D to part 20 is revised to read as follows:

APPENDIX D TO PART 20--UNITED STATES NUCLEAR REGULATORY COMMISSION 
REGIONAL OFFICES

----------------------------------------------------------------------------------------------------------------
                                             Address            Telephone (24 hour)             E-Mail
----------------------------------------------------------------------------------------------------------------
NRC Headquarters Operations Center.  USNRC, Division of       (301) 816-5100          [email protected]
                                      Incident Response       (301) 951-0550........
                                      Operations,             (301) 816-5151 (fax)..
                                      Washington, DC 20555-
                                      0001.
Region I: Connecticut, Delaware,     USNRC, Region I, 475     (610) 337-5000          RidsRgn1Mail[email protected]
 District of Columbia, Maine,         Allendale Road, King    (800) 432-1156........
 Maryland, Massachusetts, New         of Prussia, PA 19406-   TDD: (301) 415-5575...
 Hampshire, New Jersey, New York,     1415.
 Pennsylvania, Rhode Island, and
 Vermont.
Region II: Alabama, Florida,         USNRC, Region II, Sam    (404) 562-4400          RidsRgn2Mail[email protected]
 Georgia, Kentucky, Mississippi,      Nunn Atlanta Federal    (800) 877-8510........
 North Carolina, Puerto Rico, South   Center, Suite 23T85,    TDD: (301) 415-5575...
 Carolina, Tennessee, Virginia,       61 Forsyth Street, SW,
 Virgin Islands, and West Virginia.   Atlanta, GA 30303-8931.
Region III: Illinois, Indiana,       USNRC, Region III, 801   (630) 829-9500          RidsRgn3Mail[email protected]
 Iowa, Michigan, Minnesota,           Warrenville Road,       (800) 522-3025........
 Missouri, Ohio and Wisconsin.        Lisle, IL 60532-4351.   TDD: (301) 415-5575...
Region IV: Alaska, Arizona,          USNRC, Region IV, 611    (817) 860-8100          RidsRgn4Mail[email protected]
 Arkansas, California, Colorado,      Ryan Plaza Drive,       (800) 952-9677........
 Hawaii, Idaho, Kansas, Louisiana,    Suite 400, Arlington,   TDD: (301) 415-5575...
 Montana, Nebraska, Nevada, New       TX 76011-4005.
 Mexico, North Dakota, Oklahoma,
 Oregon, South Dakota, Texas, Utah,
 Washington, Wyoming, and the U.S.
 territories and possessions in the
 Pacific.
----------------------------------------------------------------------------------------------------------------


0
29. In appendix G to part 20, the third undesignated paragraph under 
I.(c) is revised to read as follows:

APPENDIX G TO PART 20--REQUIREMENTS FOR TRANSFERS OF LOW-LEVEL 
RADIOACTIVE WASTE INTENDED FOR DISPOSAL AT LICENSED LAND DISPOSAL 
FACILITIES AND MANIFESTS

I. MANIFEST

* * * * *
    (c) * * *
    NRC Forms 540, 540A, 541, 541A, 542 and 542A, and the 
accompanying instructions, in hard copy, may be obtained by writing 
or calling the Office of the Chief Information Officer, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 
415-5877, or by visiting the NRC's Web site at http://www.nrc.gov 
and selecting forms from the index found on the home page.
* * * * *

PART 21--REPORTING OF DEFECTS AND NONCOMPLIANCE

0
30. The authority citation for part 21 is revised to read as follows:

    Authority: Sec. 161, 68 Stat. 948, as amended, sec. 234, 83 
Stat. 444, as amended, sec. 1701, 106 Stat. 2951, 2953 (42 U.S.C. 
2201, 2282, 2297f); secs. 201, as amended, 206, 88 Stat. 1242, as 
amended, 1246 (42 U.S.C. 5841, 5846); sec. 1704, 112 Stat. 2750 (44 
U.S.C. 3504 note).
    Section 21.2 also issued under secs. 135, 141, Pub. L. 97-425, 
96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).


0
31. Section 21.5 is revised to read as follows:


Sec.  21.5  Communications.

    Except where otherwise specified in this part, written 
communications and reports concerning the regulations in this part must 
be addressed to the NRC's Document Control Desk, and sent either by 
mail to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; by hand delivery to the NRC's offices at 11555 Rockville Pike, 
Rockville, Maryland; or, where practicable, by electronic submission, 
for example, Electronic Information Exchange, or CD-ROM. Electronic 
submissions must be made in a manner that enables the NRC to receive, 
read, authenticate, distribute, and archive the submission, and process 
and retrieve it a single page at a time. Detailed guidance on making 
electronic submissions can be obtained by visiting the NRC's Web site 
at http://

[[Page 58803]]

www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by e-mail to 
[email protected], or by writing the Office of the Chief Information Officer, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The 
guidance discusses, among other topics, the formats the NRC can accept, 
the use of electronic signatures, and the treatment of nonpublic 
information. In the case of a licensee, a copy of the communication 
must also be sent to the appropriate Regional Administrator at the 
address specified in appendix D to part 20 of this chapter.

PART 25--ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL

0
32. The authority citation for part 25 is revised to read as follows:

    Authority: Secs. 145, 161, 68 Stat. 942, 948, as amended (42 
U.S.C. 2165, 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 
5841); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); E.O. 10865, 
as amended, 3 CFR 1959--1963 Comp., p. 398 (50 U.S.C. 401, note); 
E.O. 12829, 3 CFR, 1993 Comp., p. 570; E.O. 12958, 3 CFR, 1995 
Comp., p. 333; E.O. 12968, 3 CFR, 1995 Comp., p. 396.
    Appendix A also issued under 96 Stat. 1051 (31 U.S.C. 9701).


0
33. Section 25.9 is revised to read as follows:


Sec.  25.9  Communications.

    Except where otherwise specified, communications and reports 
concerning the regulations in this part should be addressed to the 
Director, Division of Facilities and Security, Mail Stop T7-D57, and 
sent either by mail to the U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; by hand delivery to the NRC's offices at 
11555 Rockville Pike, Rockville, Maryland; or, where practicable, by 
electronic submission, for example, Electronic Information Exchange, or 
CD-ROM. Electronic submissions must be made in a manner that enables 
the NRC to receive, read, authenticate, distribute, and archive the 
submission, and process and retrieve it a single page at a time. 
Detailed guidance on making electronic submissions can be obtained by 
visiting the NRC's Web site at http://www.nrc.gov/site-help/eie.html, 
by calling (301) 415-6030, by e-mail to [email protected], or by writing the 
Office of the Chief Information Officer, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001. The guidance discusses, among 
other topics, the formats the NRC can accept, the use of electronic 
signatures, and the treatment of nonpublic information.

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

0
34. The authority citation for part 30 is revised 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); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
    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).


0
35. In Sec.  30.6, paragraph (a)(3) is added, and paragraphs (a)(1) and 
(a)(2), the introductory text of paragraph (b), and the last sentences 
of paragraphs (b)(2)(i), (b)(2)(ii), (b)(2)(iii), and (b)(2)(iv) are 
revised, to read as follows:


Sec.  30.6  Communications.

    (a) * * *
    (1) By mail addressed: ATTN: Document Control Desk, Director, 
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001.
    (2) By hand delivery to the NRC's offices at 11555 Rockville Pike, 
Rockville, Maryland.
    (3) Where practicable, by electronic submission, for example, via 
Electronic Information Exchange, or CD-ROM. Electronic submissions must 
be made in a manner that enables the NRC to receive, read, 
authenticate, distribute, and archive the submission, and process and 
retrieve it a single page at a time. Detailed guidance on making 
electronic submissions can be obtained by visiting the NRC's Web site 
at http://www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by 
e-mail to [email protected], or by writing the Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. The guidance discusses, among other topics, the formats the 
NRC can accept, the use of electronic signatures, and the treatment of 
nonpublic information.
    (b) The Commission has delegated to the four Regional 
Administrators licensing authority for selected parts of its 
decentralized licensing program for nuclear materials as described in 
paragraph (b)(1) of this section. Any communication, report, or 
application covered under this licensing program must be submitted to 
the appropriate Regional Administrator. The Administrators' 
jurisdictions and mailing addresses are listed in paragraph (b)(2) of 
this section.
* * * * *
    (2) * * *
    (i) * * * All mailed or hand-delivered inquiries, communications, 
and applications for a new license or an amendment, renewal, or 
termination request of an existing license specified in paragraph 
(b)(1) of this section must use the following address: U.S. Nuclear 
Regulatory Commission, Region I, Nuclear Material Section B, 475 
Allendale Road, King of Prussia, Pennsylvania 19406-1415; where e-mail 
is appropriate it should be addressed to RidsRgn1Mail[email protected].
    (ii) * * * All mailed or hand-delivered inquiries, communications, 
and applications for a new license or an amendment, renewal, or 
termination request of an existing license specified in paragraph 
(b)(1) of this section must use the following address: U.S. Nuclear 
Regulatory Commission, Region II, Material Licensing/Inspection Branch, 
Sam Nunn Atlanta Federal Center, Suite 23T85, 61 Forsyth Street, SW, 
Atlanta, GA 30303-8931; where e-mail is appropriate it should be 
addressed to RidsRgn2Mail[email protected].
    (iii) * * * All mailed or hand-delivered inquiries, communications, 
and applications for a new license or an amendment, renewal, or 
termination request of an existing license specified in paragraph 
(b)(1) of this section must use the following address: U.S. Nuclear 
Regulatory Commission, Region III, Material Licensing Section, 801 
Warrenville Road, Lisle, Illinois 60532-4351; where e-mail is 
appropriate it should be addressed to RidsRgn3Mail[email protected].
    (iv) * * * All mailed or hand-delivered inquiries, communications, 
and applications for a new license or an amendment, renewal, or 
termination request of an existing license specified in paragraph 
(b)(1) of this section must use the following address: U.S. Nuclear 
Regulatory Commission, Region IV, Material Radiation Protection 
Section, 611 Ryan Plaza Drive, Suite 400, Arlington, Texas 76011-4005; 
where e-mail is appropriate it should be addressed to 
RidsRgn4Mail[email protected].

0
36. In Sec.  30.7, paragraph (e)(3) is revised to read as follows:


Sec.  30.7  Employee protection.

* * * * *
    (e) * * *
    (3) Copies of NRC Form 3 may be obtained by writing to the Regional

[[Page 58804]]

Administrator of the appropriate U.S. Nuclear Regulatory Commission 
Regional Office listed in appendix D to part 20 of this chapter, by 
calling (301) 415-5877, via e-mail to [email protected], or by visiting the 
NRC's Web site at http://www.nrc.gov and selecting forms from the index 
found on the home page.
* * * * *

0
37. In Sec.  30.32, the first sentence of paragraph (a) is revised to 
read as follows:


Sec.  30.32  Application for specific licenses.

    (a) A person may file an application on NRC Form 313, ``Application 
for Material License,'' in accordance with the instructions in Sec.  
30.6 of this chapter. * * *
* * * * *

0
38. In Sec.  30.50, the third sentence of the introductory text of 
paragraph (c)(2) is revised to read as follows:


Sec.  30.50  Reporting requirements.

* * * * *
    (c) * * *
    (2) * * * These written reports must be sent to the NRC using an 
appropriate method listed in Sec.  30.6(a); and a copy must be sent to 
the appropriate NRC Regional office listed in appendix D to part 20 of 
this chapter. * * *
* * * * *

0
39. In Sec.  30.55, the third sentence of paragraph (c) is revised to 
read as follows:


Sec.  30.55  Tritium reports.

* * * * *
    (c) * * * Copies of such written report shall be sent to the 
Director of the NRC's Office of Nuclear Material Safety and Safeguards, 
using an appropriate method listed in Sec.  30.6(a). * * *
* * * * *

PART 31--GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL

0
40. The authority citation for part 31 is revised to read as follows:

    Authority: Secs. 81, 161, 183, 68 Stat. 935, 948, 954, as 
amended (42 U.S.C. 2111, 2201, 2233); secs. 201, as amended, 202, 88 
Stat. 1242, as amended,1244 (42 U.S.C. 5841, 5842); sec. 1704, 112 
Stat. 2750 (44 U.S.C. 3504 note).

0
41. In Sec.  31.5, the introductory text of paragraph (c)(8)(ii), the 
third sentence of the introductory text of paragraph (c)(9)(i), and the 
second sentence of paragraph (c)(11) are revised to read as follows:


Sec.  31.5  Certain detecting, measuring, gauging, or controlling 
devices and certain devices for producing light or an ionized 
atmosphere.

* * * * *
    (c) * * *
    (8) * * *
    (ii) Shall, within 30 days after the transfer of a device to a 
specific licensee or export, furnish a report to the Director of 
Nuclear Material Safety and Safeguards, ATTN: Document Control Desk/
GLTS, using an appropriate method listed in Sec.  30.6(a) of this 
chapter. The report must contain--
* * * * *
    (9) * * *
    (i) * * * Within 30 days of the transfer, the transferor shall 
report to the Director of Nuclear Material Safety and Safeguards, ATTN: 
Document Control Desk/GLTS, using an appropriate method listed in Sec.  
30.6(a) of this chapter--
* * * * *
    (11) * * * If the general licensee cannot provide the requested 
information within the allotted time, it shall, within that same time 
period, request a longer period to supply the information by providing 
the Director of the Office of Nuclear Material Safety and Safeguards, 
by an appropriate method listed in Sec.  30.6(a) of this chapter, a 
written justification for the request.
* * * * *

0
42. In Sec.  31.11, paragraph (b)(1) is revised to read as follows:


Sec.  31.11  General license for use of byproduct material for certain 
in vitro clinical or laboratory testing.

* * * * *
    (b) * * *
    (1) Has filed NRC Form 483, ``Registration Certificate--In Vitro 
Testing with Byproduct Material Under General License,'' with the 
Director of Nuclear Material Safety and Safeguards, by an appropriate 
method listed in Sec.  30.6(a), and has received from the Commission a 
validated copy of NRC Form 483 with a registration number assigned; or
* * * * *

PART 32--SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER 
CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL

0
43. The authority citation for part 31 is revised to read as follows:

    Authority: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954, 
as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat. 
1242, as amended (42 U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44 
U.S.C. 3504 note).


0
44. In Sec.  32.12, paragraph (a) is revised to read as follows:


Sec.  32.12  Same: Records and material transfer reports.

    (a) Each person licensed under Sec.  32.11 shall maintain records 
of transfer of material and file a report with the Director of Nuclear 
Material Safety and Safeguards by an appropriate method listed in Sec.  
30.6(a) of this chapter. A copy of the report must be sent to the 
appropriate NRC Regional Office listed in appendix D to part 20 of this 
chapter.
* * * * *

0
45. In Sec.  32.16, paragraph (a) is revised to read as follows:


Sec.  32.16  Certain items containing byproduct material: Records and 
reports of transfer.

    (a) Each person licensed under Sec.  32.14 or Sec.  32.17 shall 
maintain records of all transfers of nuclear material and file a report 
with the Director of Nuclear Material Safety and Safeguards by an 
appropriate method listed in Sec.  30.6(a) of this chapter, with a copy 
to the appropriate NRC Regional Office listed in appendix D to part 20 
of this chapter.
* * * * *
0
46. In Sec.  32.20, paragraph (b) is revised to read as follows:


Sec.  32.20  Same: Records and material transfer reports.

* * * * *
    (b) The licensee shall file a summary report stating the total 
quantity of each isotope transferred under the specific license with 
the Director of Nuclear Material Safety and Safeguards by an 
appropriate method listed in Sec.  30.6(a) of this chapter, with a copy 
to the appropriate NRC Regional Office listed in appendix D to part 20 
of this chapter.
* * * * *
0
47. In Sec.  32.25, the introductory text of paragraph (c) is revised 
to read as follows:


Sec.  32.25  Conditions of licenses issued under Sec.  32.22: Quality 
control, labeling, and reports of transfer.

* * * * *
    (c) Maintain records and file reports with the Director of Nuclear 
Material Safety and Safeguards, by an appropriate method listed in 
Sec.  30.6(a), with copies to the appropriate NRC Regional Office 
listed in appendix D to part 20 of this chapter.
* * * * *

[[Page 58805]]


0
48. In Sec.  32.52, the first sentence of the introductory text of 
paragraph (a) is revised to read as follows:


Sec.  32.52  Same: Material transfer reports and records.

* * * * *
    (a) The person shall report to the Director of Nuclear Material 
Safety and Safeguards, ATTN: GLTS, by an appropriate method listed in 
Sec.  30.6(a), all transfers of such devices to persons for use under 
the general license in Sec.  31.5 of this chapter and all receipts of 
devices from persons licensed under Sec.  31.5 of this chapter. * * *
* * * * *

0
49. The first sentence of Sec.  32.56 is revised to read as follows:


Sec.  32.56  Same: Material transfer reports.

    Each person licensed under Sec.  32.53 shall file an annual report 
with the Director of Nuclear Material Safety and Safeguards, by an 
appropriate method listed in Sec.  30.6(a) of this chapter, which 
report must state the total quantity of tritium or promethium-147 
transferred to persons generally licensed under Sec.  31.7 of this 
chapter. * * *

0
50. In Sec.  32.210, paragraph (b) is revised to read as follows:


Sec.  32.210  Registration of product information.

* * * * *
    (b) The request for review must be sent to the NRC's Office of 
Nuclear Material Safety and Safeguards, Materials Safety and Inspection 
Branch, by an appropriate method listed in Sec.  30.6(a) of this 
chapter.
* * * * *

PART 33--SPECIFIC DOMESTIC LICENSES OF BROAD SCOPE FOR BYPRODUCT 
MATERIAL

0
51. The authority citation for part 33 is revised to read as follows:

    Authority: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954, 
as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat. 
1242, as amended (42 U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44 
U.S.C. 3504 note).

0
52. Section 33.12 is revised to read as follows:


Sec.  33.12  Applications for specific licenses of broad scope.

    A person may file an application for specific license of broad 
scope on NRC Form 313, ``Application for Material License,'' in 
accordance with the provisions of Sec.  30.32 of this chapter.

PART 34--LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY 
REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS

0
53. The authority citation for part 34 is revised to read as follows:

    Authority: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954, 
as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat. 
1242, as amended (42 U.S.C. 5841). Section 34.45 also issued under 
sec. 206, 88 Stat. 1246 (42 U.S.C. 5846); sec. 1704, 112 Stat. 2750 
(44 U.S.C. 3504 note).


0
54. Section 34.11 is revised to read as follows:


Sec.  34.11  Application for a specific license.

    A person may file an application for specific license for use of 
sealed sources in industrial radiography on NRC Form 313, ``Application 
for Material License,'' in accordance with the provisions of Sec.  
30.32 of this chapter.

0
55. In Sec.  34.27, the third sentence of paragraph (d) is revised to 
read as follows:


Sec.  34.27  Leak testing and replacement of sealed sources.

* * * * *
    (d) * * * A report must be filed with the Director of Nuclear 
Material Safety and Safeguards, by an appropriate method listed in 
Sec.  30.6(a) of this chapter, the report to be filed within 5 days of 
any test with results that exceed the threshold in this paragraph (d), 
and to describe the equipment involved, the test results, and the 
corrective action taken. * * *
* * * * *

0
56. In Sec.  34.43, the second sentence of paragraph (a)(1) is revised 
to read as follows:


Sec.  34.43  Training.

    (a) * * *
    (1) * * * (An independent organization that would like to be 
recognized as a certifying entity shall submit its request to the 
Director, Office of Nuclear Material Safety and Safeguards, by an 
appropriate method listed in Sec.  30.6(a) of this chapter.) or
* * * * *

0
57. In Sec.  34.101, the introductory text of paragraph (a) is revised 
to read as follows:


Sec.  34.101  Notifications.

    (a) In addition to the reporting requirements specified in Sec.  
30.50 and under other sections of this chapter, such as Sec.  21.21, 
each licensee shall send a written report to the NRC's Office of 
Nuclear Material Safety and Safeguards, Division of Industrial and 
Medical Nuclear Safety, by an appropriate method listed in Sec.  
30.6(a) of this chapter, within 30 days of the occurrence of any of the 
following incidents involving radiographic equipment:
* * * * *

PART 35--MEDICAL USE OF BYPRODUCT MATERIAL

0
58. The authority citation for part 35 is revised to read as follows:

    Authority: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954, 
as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat. 
1242, as amended (42 U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44 
U.S.C. 3504 note).


0
59. In Sec.  35.14, paragraph (c) and the introductory text of 
paragraph (b) are revised to read as follows:


Sec.  35.14  Notifications.

* * * * *
    (b) A licensee shall notify the Commission no later than 30 days 
after:
* * * * *
    (c) The licensee shall send the documents required in this section 
to the appropriate address identified in Sec.  30.6 of this chapter.

0
60. In Sec.  35.3045, the introductory text of paragraph (d) is revised 
to read as follows:


Sec.  35.3045  Report and notification of a medical event.

* * * * *
    (d) By an appropriate method listed in Sec.  30.6(a) of this 
chapter, the licensee shall submit a written report to the appropriate 
NRC Regional Office listed in Sec.  30.6 of this chapter within 15 days 
after discovery of the medical event.
* * * * *

0
61. In Sec.  35.3047, the introductory text of paragraph (d) is revised 
to read as follows:


Sec.  35.3047  Report and notification of a dose to an embryo/fetus or 
a nursing child.

* * * * *
    (d) By an appropriate method listed in Sec.  30.6(a) of this 
chapter, the licensee shall submit a written report to the appropriate 
NRC Regional Office listed in Sec.  30.6 of this chapter within 15 days 
after discovery of a dose to the embryo/fetus or nursing child that 
requires a report in paragraphs (a) or (b) in this section.
* * * * *

0
62. In Sec.  35.3067, the second sentence is revised to read as 
follows:


Sec.  35.3067  Report of a leaking source.

    * * * The report must be filed with the appropriate NRC Regional 
Office

[[Page 58806]]

listed in Sec.  30.6 of this chapter, by an appropriate method listed 
in Sec.  30.6(a), with a copy to the Director, Office of Nuclear 
Material Safety and Safeguards. * * *

PART 39--LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL 
LOGGING

0
63. The authority citation for part 39 is revised to read as follows:

    Authority: Secs. 53, 57, 62, 63, 65, 69, 81, 82, 161, 182, 183, 
186, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as 
amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2073, 2077, 
2092, 2093, 2095, 2099, 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); sec. 1704, 112 Stat. 2750 (44 
U.S.C. 3504 note).


0
64. In Sec.  39.77, paragraph (a) is revised to read as follows:


Sec.  39.77  Notification of incidents and lost sources; abandonment 
procedures for irretrievable sources.

    (a) The licensee shall immediately notify the appropriate NRC 
Regional Office by telephone and subsequently, within 30 days, by 
confirmation in writing, using an appropriate method listed in Sec.  
30.6(a) of this chapter, if the licensee knows or has reason to believe 
that a sealed source has been ruptured. The written confirmation must 
designate the well or other location, describe the magnitude and extent 
of the escape of licensed materials, assess the consequences of the 
rupture, and explain efforts planned or being taken to mitigate these 
consequences.
* * * * *

PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL

0
65. The authority citation for part 40 is revised 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 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); sec. 193, 104 Stat. 2835, as 
amended by Pub. L. 104-134, 110 Stat. 1321, 1321-349 (42 U.S.C. 
2243); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
    Section 40.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 (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).


0
66. In Sec.  40.5, paragraph (a)(3) is added, and paragraphs (a)(1) and 
(a)(2), the introductory text of paragraph (b), and the last sentences 
of paragraphs (b)(2)(i), (b)(2)(ii), (b)(2)(iii), and (b)(2)(iv) are 
revised, to read as follows:


Sec.  40.5  Communications.

    (a) * * *
    (1) By mail addressed: ATTN: Document Control Desk, Director, 
Office of Nuclear Material Safety and Safeguards, or Director of 
Nuclear Security, Office of Nuclear Security and Incident Response, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
    (2) By hand delivery to the NRC's offices at 11555 Rockville Pike, 
Rockville, Maryland.
    (3) Where practicable, by electronic submission, for example, via 
Electronic Information Exchange, or CD-ROM. Electronic submissions must 
be made in a manner that enables the NRC to receive, read, 
authenticate, distribute, and archive the submission, and process and 
retrieve it a single page at a time. Detailed guidance on making 
electronic submissions can be obtained by visiting the NRC's Web site 
at http://www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by 
e-mail to [email protected], or by writing the Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. The guidance discusses, among other topics, the formats the 
NRC can accept, the use of electronic signatures, and the treatment of 
nonpublic information.
    (b) The Commission has delegated to the four Regional 
Administrators licensing authority for selected parts of its 
decentralized licensing program for nuclear materials as described in 
paragraph (b)(1) of this section. Any communication, report, or 
application covered under this licensing program must be submitted to 
the appropriate Regional Administrator. The administrators' 
jurisdictions and mailing addresses are listed in paragraph (b)(2) of 
this section.
* * * * *
    (2) * * *
    (i) * * * All mailed or hand-delivered inquiries, communications, 
and applications for a new license or an amendment or renewal of an 
existing license specified in paragraph (b)(1) of this section must use 
the following address: U.S. Nuclear Regulatory Commission, Region I, 
475 Allendale Road, King of Prussia, Pennsylvania 19406-1415; where e-
mail is appropriate it should be addressed to 
RidsRgn1Mail[email protected].
    (ii) * * * All mailed or hand-delivered inquiries, communications, 
and applications for a new license or an amendment or renewal of an 
existing license specified in paragraph (b)(1) of this section must use 
the following address: U.S. Nuclear Regulatory Commission, Region II 
Material Licensing/Inspection Branch, Sam Nunn Atlanta Federal Center, 
Suite 23T85, 61 Forsyth Street, Atlanta, Georgia 30303-8931; where e-
mail is appropriate it should be addressed to 
RidsRgn2Mail[email protected].
    (iii) * * * All mailed or hand-delivered inquiries, communications, 
and applications for a new license or an amendment or renewal of an 
existing license specified in paragraph (b)(1) of this section must use 
the following address: U.S. Nuclear Regulatory Commission, Region III, 
Material Licensing Section, 801 Warrenville Road, Lisle, Illinois 
60532-4351; where e-mail is appropriate it should be addressed to 
RidsRgn3Mail[email protected].
    (iv) * * * All mailed or hand-delivered inquiries, communications, 
and applications for a new license or an amendment or renewal of an 
existing license specified in paragraph (b)(1) of this section must use 
the following address: U.S. Nuclear Regulatory Commission, Region IV, 
Material Radiation Protection Section, 611 Ryan Plaza Drive, Suite 400, 
Arlington, Texas 76011-4005; where e-mail is appropriate it should be 
addressed to RidsRgn4Mail[email protected].

0
67. In Sec.  40.7, paragraph (e)(3) is revised to read as follows:


Sec.  40.7  Employee protection.

* * * * *
    (e) * * *
    (3) Copies of NRC Form 3 may be obtained by writing to the Regional 
Administrator of the appropriate U.S. Nuclear Regulatory Commission 
Regional Office listed in appendix D to part 20 of this chapter, by 
calling (301) 415-5877, via e-mail to [email protected], or by visiting the 
NRC's Web site at http://www.nrc.gov and selecting forms from the index 
found on the home page.
* * * * *

0
68. In Sec.  40.23, paragraphs (b)(1), (b)(2)(ix), (c), and (d) are 
revised to read as follows:


Sec.  40.23  General license for carriers of transient shipments of 
natural uranium other than in the form of ore or ore residue.

* * * * *

[[Page 58807]]

    (b) * * *
    (1) Persons generally licensed under paragraph (a) of this section, 
who plan to carry a transient shipment with scheduled stops at a United 
States port, shall notify the Director, Division of Nuclear Security, 
Office of Nuclear Security and Incident Response, using an appropriate 
method listed in Sec.  40.5. The notification must be in writing and 
must be received at least 10 days before transport of the shipment 
commences at the shipping facility.
    (2) * * *
    (ix) For shipment between countries that are not party to the 
Convention on the Physical Protection of Nuclear Material (i.e., not 
listed in appendix F to part 73 of this chapter), a certification that 
arrangements have been made to notify the Director, Division of Nuclear 
Security when the shipment is received at the destination facility.
    (c) Persons generally licensed under this section making 
unscheduled stops at United States ports, immediately after the 
decision to make an unscheduled stop, shall provide to the Director, 
Division of Nuclear Security the information required under paragraph 
(b) of this section.
    (d) A licensee who needs to amend a notification may do so by 
telephoning the Division of Nuclear Security at (301) 415-6828.

0
69. In Sec.  40.25, the first sentence of the introductory text of 
paragraph (c)(1) is revised to read as follows:


Sec.  40.25  General license for use of certain industrial products or 
devices.

* * * * *
    (c) * * *
    (1) Persons who receive, acquire, possess, or use depleted uranium 
pursuant to the general license established by paragraph (a) of this 
section shall file NRC Form 244, ``Registration Certificate--Use of 
Depleted Uranium Under General License,'' with the Director of the 
NRC's Division of Industrial and Medical Nuclear Safety, by an 
appropriate method listed in Sec.  40.5, with a copy to the appropriate 
NRC Regional Administrator.* * *
* * * * *

0
70. In Sec.  40.31, the first sentence of paragraph (a) is revised to 
read as follows:


Sec.  40.31  Application for specific license.

    (a) A person may file an application for specific license on NRC 
Form 313, ``Application for Material License,'' in accordance with the 
instructions in Sec.  40.5 of this chapter. * * *
* * * * *

0
71. In Sec.  40.35, the first sentence of paragraph (e)(1) and the 
third sentence of paragraph (f) are revised to read as follows:


Sec.  40.35  Conditions of specific licenses issued pursuant to Sec.  
40.34.

* * * * *
    (e)(1) Report to the Director of the Office of Nuclear Material 
Safety and Safeguards, by an appropriate method listed in Sec.  40.5, 
all transfers of industrial products or devices to persons for use 
under the general license in Sec.  40.25. * * *
* * * * *
    (f) * * * The licensee shall furnish the change to the Director of 
the Office of Nuclear Material Safety and Safeguards, by an appropriate 
method listed in Sec.  40.5, and to affected offsite response 
organizations, within six months after the change is made. * * *

0
72. In Sec.  40.60, the third sentence of the introductory text of 
paragraph (c)(2) is revised to read as follows:


Sec.  40.60  Reporting requirements.

* * * * *
    (c)* * *
    (2) * * * These written reports must be sent to the NRC's Document 
Control Desk by an appropriate method listed in Sec.  40.5, with a copy 
to the appropriate NRC regional office listed in appendix D to part 20 
of this chapter. * * *
* * * * *
0
73. In Sec.  40.64, the second sentence of paragraph (a), the last 
sentence of paragraph (b), and paragraph (c) are revised to read as 
follows:


Sec.  40.64  Reports.

    (a) * * * Copies of the instructions may be obtained either by 
writing the U.S. Nuclear Regulatory Commission, Division of Nuclear 
Security, Office of Nuclear Security and Incident Response, Washington, 
DC 20555-0001, by e-mail to [email protected], or by calling (301) 
415-6828.* * *
    (b) * * * Copies of the reporting instructions may be obtained 
either by writing to the U.S. Nuclear Regulatory Commission, Division 
of Nuclear Security, Office of Nuclear Security and Incident Response, 
Washington, DC 20555-0001, by e-mail to [email protected], or by 
calling (301) 415-6828.
    (c)(1) Except as specified in paragraph (d) of this section, each 
licensee who is authorized to possess uranium or thorium pursuant to a 
specific license shall notify the NRC Headquarters Operations Center by 
telephone, at the numbers listed in appendix A of part 73 of this 
chapter, of any incident in which an attempt has been made or is 
believed to have been made to commit a theft or unlawful diversion of 
more than 6.8 kilograms (kg) [15 pounds] of such material at any one 
time or more than 68 kg [150 pounds] of such material in any one 
calendar year.
    (2) The licensee shall notify the NRC as soon as possible, but 
within 4 hours, of discovery of any incident in which an attempt has 
been made or is believed to have been made to commit a theft or 
unlawful diversion of such material. A copy of the written followup 
notification should also be made to the Director, Division of Nuclear 
Security, Office of Nuclear Security and Incident Response, by an 
appropriate method listed in Sec.  40.5.
    (3) The initial notification shall be followed within a period of 
sixty (60) days by a written followup notification submitted in 
accordance with Sec.  40.5. A copy of the written followup notification 
shall also be sent to: ATTN: Document Control Desk, Director, Division 
of Nuclear Security, Office of Nuclear Security and Incident Response, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
    (4) Subsequent to the submission of the written followup 
notification required by this paragraph, the licensee shall promptly 
update the written followup notification, in accordance with this 
paragraph, with any substantive additional information, which becomes 
available to the licensee, concerning an attempted or apparent theft or 
unlawful diversion of source material.
* * * * *

0
74. In Sec.  40.65, the first sentence of paragraph (a)(1) is revised 
to read as follows:


Sec.  40.65  Effluent monitoring reporting requirements.

    (a) * * *
    (1) Within 60 days after January 1, 1976 and July 1, 1976, and 
within 60 days after January 1 and July 1 of each year thereafter, 
submit a report to the Director of the Office of Nuclear Material 
Safety and Safeguards, using an appropriate method listed in Sec.  
40.5, with a copy to the appropriate NRC Regional Office shown in 
appendix D to part 20 of this chapter; which report must specify the 
quantity of each of the principal radionuclides released to 
unrestricted areas in liquid and in gaseous effluents during the 
previous six months of operation, and such other information as the 
Commission may require to estimate maximum potential annual radiation 
doses to the public resulting from effluent releases. * * *
* * * * *

[[Page 58808]]


0
75. In Sec.  40.66, the first sentence of paragraph (a) is revised to 
read as follows:


Sec.  40.66  Requirements for advance notice of export shipments of 
natural uranium.

    (a) Each licensee authorized to export natural uranium, other than 
in the form of ore or ore residue, in amounts exceeding 500 kilograms, 
shall notify the Director, Division of Nuclear Security, Office of 
Nuclear Security and Incident Response, by an appropriate method listed 
in Sec.  40.5. * * *
* * * * *

0
76. In Sec.  40.67, the first sentence of paragraph (a) is revised to 
read as follows:


Sec.  40.67  Requirement for advance notice for importation of natural 
uranium from countries that are not party to the Convention on the 
Physical Protection of Nuclear Material.

    (a) Each licensee authorized to import natural uranium, other than 
in the form of ore or ore residue, in amounts exceeding 500 kilograms, 
from countries not party to the Convention on the Physical Protection 
of Nuclear Material (see appendix F to part 73 of this chapter) shall 
notify the Director, Division of Nuclear Security, Office of Nuclear 
Security and Incident Response, using an appropriate method listed in 
Sec.  40.5. * * *
* * * * *

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

0
77. The authority citation for part 50 is revised to read as follows:

    Authority: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 
Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 
83 Stat. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 
2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); 
sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
    Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 (42 U.S.C. 5851). Section 50.10 also issued under secs. 101, 
185, 68 Stat. 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. 
L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd), 
and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 
U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued 
under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 
50.55a and appendix Q also issued under sec. 102, Pub. L. 91-190, 83 
Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued 
under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 50.58, 
50.91, and 50.92 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 
U.S.C. 2239). Section 50.78 also issued under sec. 122, 68 Stat. 939 
(42 U.S.C. 2152). Sections 50.80-50.81 also issued under sec. 184, 
68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued 
under sec. 187, 68 Stat. 955 (42 U.S.C 2237).


0
78. Section 50.4 is revised to read as follows:


Sec.  50.4  Written communications.

    (a) General requirements. All correspondence, reports, 
applications, and other written communications from the applicant or 
licensee to the Nuclear Regulatory Commission concerning the 
regulations in this part or individual license conditions must be sent 
either by mail addressed: ATTN: Document Control Desk, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001; by hand delivery to 
the NRC's offices at 11555 Rockville Pike, Rockville, Maryland, between 
the hours of 8:15 a.m. and 4 p.m. eastern time; or, where practicable, 
by electronic submission, for example, via Electronic Information 
Exchange, e-mail, or CD-ROM. Electronic submissions must be made in a 
manner that enables the NRC to receive, read, authenticate, distribute, 
and archive the submission, and process and retrieve it a single page 
at a time. Detailed guidance on making electronic submissions can be 
obtained by visiting the NRC's Web site at http://www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by e-mail at [email protected], or 
by writing the Office of the Chief Information Officer, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001. The guidance 
discusses, among other topics, the formats the NRC can accept, the use 
of electronic signatures, and the treatment of nonpublic information. 
If the communication is on paper, the signed original must be sent. If 
a submission due date falls on a Saturday, Sunday, or Federal holiday, 
the next Federal working day becomes the official due date.
    (b) Distribution requirements. Copies of all correspondence, 
reports, and other written communications concerning the regulations in 
this part or individual license conditions must be submitted to the 
persons listed below (addresses for the NRC Regional Offices are listed 
in appendix D to part 20 of this chapter).
    (1) Applications for amendment of permits and licenses; reports; 
and other communications. All written communications (including 
responses to: generic letters, bulletins, information notices, 
regulatory information summaries, inspection reports, and miscellaneous 
requests for additional information) that are required of holders of 
operating licenses or construction permits issued pursuant to this 
part, must be submitted as follows, except as otherwise specified in 
paragraphs (b)(2) through (b)(7) of this section: to the NRC's Document 
Control Desk (if on paper, the signed original), with a copy to the 
appropriate Regional Office, and a copy to the appropriate NRC Resident 
Inspector, if one has been assigned to the site of the facility.
    (2) Applications for permits and licenses, and amendments to 
applications. Applications for construction permits, applications for 
operating licenses and amendments to either type of application must be 
submitted as follows, except as otherwise specified in paragraphs 
(b)(3) through (b)(7) in this section.
    (i) Applications for licenses for facilities described in Sec.  
50.21 (a) and (c) and amendments to these applications must be sent to 
the NRC's Document Control Desk, with a copy to the appropriate 
Regional Office. If the application or amendment is on paper, the 
submission to the Document Control Desk must be the signed original.
    (ii) Applications for permits and licenses for facilities described 
in Sec.  50.21(b) or Sec.  50.22, and amendments to these applications 
must be sent to the NRC's Document Control Desk, with a copy to the 
appropriate Regional Office, and a copy to the appropriate NRC Resident 
Inspector, if one has been assigned to the site of the facility. If the 
application or amendment is on paper, the submission to the Document 
Control Desk must be the signed original.
    (3) Acceptance review application. Written communications required 
for an application for determination of suitability for docketing under 
Sec.  50.30(a)(6) must be submitted to the NRC's Document Control Desk, 
with a copy to the appropriate Regional Office. If the communication is 
on paper, the submission to the Document Control Desk must be the 
signed original.
    (4) Security plan and related submissions. Written communications, 
as defined in paragraphs (b)(4)(i) through (iv) of this section, must 
be submitted to the NRC's Document Control Desk, with a copy to the 
appropriate Regional Office. If the communication is on paper, the 
submission to the Document Control Desk must be the signed original.
    (i) Physical security plan under Sec.  50.34;
    (ii) Safeguards contingency plan under Sec.  50.34;
    (iii) Change to security plan, guard training and qualification 
plan, or safeguards contingency plan made without prior Commission 
approval under Sec.  50.54(p);
    (iv) Application for amendment of physical security plan, guard 
training

[[Page 58809]]

and qualification plan, or safeguards contingency plan under Sec.  
50.90.
    (5) Emergency plan and related submissions. Written communications 
as defined in paragraphs (b)(5)(i) through (iii) of this section must 
be submitted to the NRC's Document Control Desk, with a copy to the 
appropriate Regional Office, and a copy to the appropriate NRC Resident 
Inspector if one has been assigned to the site of the facility. If the 
communication is on paper, the submission to the Document Control Desk 
must be the signed original.
    (i) Emergency plan under Sec.  50.34;
    (ii) Change to an emergency plan under Sec.  50.54(q);
    (iii) Emergency implementing procedures under appendix E.V of this 
part.
    (6) Updated FSAR. An updated Final Safety Analysis Report (FSAR) or 
replacement pages, under Sec.  50.71(e) must be submitted to the NRC's 
Document Control Desk, with a copy to the appropriate Regional Office, 
and a copy to the appropriate NRC Resident Inspector if one has been 
assigned to the site of the facility. Paper copy submissions may be 
made using replacement pages; however, if a licensee chooses to use 
electronic submission, all subsequent updates or submissions must be 
performed electronically on a total replacement basis. If the 
communication is on paper, the submission to the Document Control Desk 
must be the signed original. If the communications are submitted 
electronically, see Guidance for Electronic Submissions to the 
Commission.
    (7) Quality assurance related submissions. (i) A change to the 
Safety Analysis Report quality assurance program description under 
Sec.  50.54(a)(3) or Sec.  50.55(f)(3), or a change to a licensee's 
NRC-accepted quality assurance topical report under Sec.  50.54(a)(3) 
or Sec.  50.55(f)(3), must be submitted to the NRC's Document Control 
Desk, with a copy to the appropriate Regional Office, and a copy to the 
appropriate NRC Resident Inspector if one has been assigned to the site 
of the facility. If the communication is on paper, the submission to 
the Document Control Desk must be the signed original.
    (ii) A change to an NRC-accepted quality assurance topical report 
from nonlicensees (i.e., architect/engineers, NSSS suppliers, fuel 
suppliers, constructors, etc.) must be submitted to the NRC's Document 
Control Desk. If the communication is on paper, the signed original 
must be sent.
    (8) Certification of permanent cessation of operations. The 
licensee's certification of permanent cessation of operations, under 
Sec.  50.82(a)(1), must state the date on which operations have ceased 
or will cease, and must be submitted to the NRC's Document Control 
Desk. This submission must be under oath or affirmation.
    (9) Certification of permanent fuel removal. The licensee's 
certification of permanent fuel removal, under Sec.  50.82(a)(1), must 
state the date on which the fuel was removed from the reactor vessel 
and the disposition of the fuel, and must be submitted to the NRC's 
Document Control Desk. This submission must be under oath or 
affirmation.
    (c) Form of communications. All paper copies submitted to meet the 
requirements set forth in paragraph (b) of this section must be 
typewritten, printed or otherwise reproduced in permanent form on 
unglazed paper. Exceptions to these requirements imposed on paper 
submissions may be granted for the submission of micrographic, 
photographic, or similar forms.
    (d) Regulation governing submission. Licensees and applicants 
submitting correspondence, reports, and other written communications 
under the regulations of this part are requested but not required to 
cite whenever practical, in the upper right corner of the first page of 
the submission, the specific regulation or other basis requiring 
submission.
    (e) Conflicting requirements. The communications requirements 
contained in this section and Sec. Sec.  50.12, 50.30, 50.36, 50.36a. 
50.44, 50.49, 50.54, 50.55, 50.55a, 50.59, 50.62, 50.71, 50.73, 50.82, 
50.90, and 50.91 supersede and replace all existing requirements in any 
license conditions or technical specifications in effect on January 5, 
1987. Exceptions to these requirements must be approved by the Office 
of the Chief Information Officer, Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone (301) 415-7233, e-mail 
[email protected].

0
79. In Sec.  50.7, paragraph (e)(2) is revised to read as follows:


Sec.  50.7  Employee protection.

* * * * *
    (e) * * *
    (2) Copies of NRC Form 3 may be obtained by writing to the Regional 
Administrator of the appropriate U.S. Nuclear Regulatory Commission 
Regional Office listed in appendix D to part 20 of this chapter, by 
calling (301) 415-5877, via e-mail to [email protected], or by visiting the 
NRC's Web site at http://www.nrc.gov and selecting forms from the index 
found on the home page.
* * * * *

0
80. In Sec.  50.30, paragraph (a)(2) is revised to read as follows:


Sec.  50.30  Filing of application for licenses; oath or affirmation.

    (a) * * *
    (2) The applicant shall maintain the capability to generate 
additional copies of the general information and the safety analysis 
report, or part thereof or amendment thereto, for subsequent 
distribution in accordance with the written instructions of the 
Director, Office of Nuclear Reactor Regulation, or the Director, Office 
of Nuclear Material Safety and Safeguards, as appropriate.
* * * * *

0
81. In Sec.  50.54, the second sentence of paragraph (s)(1) is revised 
to read as follows:


Sec.  50.54  Conditions of licenses.

* * * * *
    (s)(1) * * * These plans must be forwarded to the Director of 
Nuclear Reactor Regulation, by appropriate method listed in Sec.  50.4, 
with a copy to the Administrator of the appropriate NRC regional 
office. * * *
* * * * *

0
82. In Sec.  50.55, paragraph (e)(6)(ii) is revised to read as follows:


Sec.  50.55  Conditions of construction permits.

* * * * *
    (e) * * *
    (6) * * *
    (ii) Written notification submitted to the Document Control Desk, 
U.S. Nuclear Regulatory Commission, by an appropriate method listed in 
Sec.  50.4, with a copy to the appropriate Regional Administrator at 
the address specified in appendix D to part 20 of this chapter and a 
copy to the appropriate NRC resident inspector within 30 days following 
receipt of information by the director or responsible corporate officer 
under paragraph (e)(1)(iii) of this section, on the identification of a 
defect or failure to comply.
* * * * *

0
83. In Sec.  50.74, the introductory text is revised to read as 
follows:


Sec.  50.74  Notification of change in operator or senior operator 
status.

    Each licensee shall notify the appropriate Regional Administrator 
as listed in appendix D to part 20 of this chapter within 30 days of 
the following in regard to a licensed operator or senior operator:
* * * * *

[[Page 58810]]


0
84. In appendix L to part 50, the last sentence of the introductory 
paragraph is revised to read as follows:

Appendix L to Part 50--Information Requested by the Attorney 
General for Antitrust Review of Facility Construction Permits and 
Initial Operating Licenses

    Introduction. * * * This document shall be submitted prior to 
any other part of the facility license application as provided in 
Sec.  50.33a and in accordance with Sec.  2.101 of this chapter.

* * * * *

PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC 
LICENSING AND RELATED REGULATORY FUNCTIONS

0
85. The authority citation for part 51 is revised to read as follows:

    Authority: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106 
Stat. 2951, 2952, 2953, (42 U.S.C. 2201, 2297f); secs. 201, as 
amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 
5842); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). Subpart A 
also issued under National Environmental Policy Act of 1969, secs. 
102, 104, 105, 83 Stat. 853-854, as amended (42 U.S.C. 4332, 4334, 
4335); and Pub. L. 95-604, Title II, 92 Stat. 3033-3041; and sec. 
193, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243). Sections 
51.20, 51.30, 51.60, 51.80. and 51.97 also issued under secs. 135, 
141, Pub. L. 97-425, 96 Stat. 2232, 2241, and sec. 148, Pub. L. 100-
203, 101 Stat. 1330-223 (42 U.S.C. 10155, 10161, 10168). Section 
51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 
Stat. 3036-3038 (42 U.S.C. 2021) and under Nuclear Waste Policy Act 
of 1982, sec 121, 96 Stat. 2228 (42 U.S.C. 10141). Sections 51.43, 
51.67, and 51.109 also under Nuclear Waste Policy Act of 1982, sec 
114(f), 96 Stat. 2216, as amended (42 U.S.C. 10134(f)).


0
86. In Sec.  51.40, the introductory text of paragraph (c) and 
paragraphs (c)(1) through (c)(4) are revised to read as follows:


Sec.  51.40  Consultation with NRC Staff.

* * * * *
    (c) Questions concerning environmental matters should be addressed 
to the following NRC staff offices as appropriate:
    (1) Utilization facilities: ATTN: Document Control Desk, Director, 
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, telephone (301) 415-1270, e-mail 
[email protected].
    (2) Production facilities: ATTN: Document Control Desk, Director, 
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
7800, e-mail [email protected].
    (3) Materials licenses: ATTN: Document Control Desk, Director, 
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
7800, e-mail [email protected].
    (4) Rulemaking: ATTN: Chief, Rules and Directives Branch, Office of 
Administration, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone (800) 368-5642, e-mail [email protected].
* * * * *

0
87. In Sec.  51.45, the first sentence of paragraph (a) is revised to 
read as follows:


Sec.  51.45  Environmental report.

    (a) General. As required by Sec.  51.50, 51.53, 51.54, 51.60, 
51.61, 51.62 or Sec.  51.68, as appropriate, each applicant or 
petitioner for rulemaking shall submit with its application or petition 
for rulemaking one signed original of a separate document entitled 
``Applicant's'' or ``Petitioner's Environmental Report,'' as 
appropriate. * * *
* * * * *

0
88. In Sec.  51.50, the first sentence is revised to read as follows:


Sec.  51.50  Environmental report--construction permit stage.

    Each applicant for a permit to construct a production or 
utilization facility covered by Sec.  51.20 shall submit with its 
application a separate document, entitled ``Applicant's Environmental 
Report--Construction Permit Stage,'' which shall contain the 
information specified in Sec.  51.45, 51.51 and 51.52. * * *

0
89. In Sec.  51.53, the first sentence of paragraph (b), paragraph 
(c)(1), and the first sentence of paragraph (d) are revised to read as 
follows:


Sec.  51.53  Postconstruction environmental reports.

* * * * *
    (b) Operating license stage. Each applicant for a license to 
operate a production or utilization facility covered by Sec.  51.20 
shall submit with its application a separate document entitled 
``Supplement to Applicant's Environmental Report--Operating License 
Stage,'' which will update ``Applicant's Environmental Report--
Construction Permit Stage.'' * * *
    (c) Operating license renewal stage. (1) Each applicant for renewal 
of a license to operate a nuclear power plant under part 54 of this 
chapter shall submit with its application a separate document entitled 
``Applicant's Environmental Report--Operating License Renewal Stage.''
* * * * *
    (d) Postoperating license stage. Each applicant for a license 
amendment authorizing decommissioning activities for a production or 
utilization facility either for unrestricted use or based on continuing 
use restrictions applicable to the site; and each applicant for a 
license amendment approving a license termination plan or 
decommissioning plan under Sec.  50.82 of this chapter either for 
unrestricted use or based on continuing use restrictions applicable to 
the site; and each applicant for a license or license amendment to 
store spent fuel at a nuclear power reactor after expiration of the 
operating license for the nuclear power reactor shall submit with its 
application a separate document, entitled ``Supplement to Applicant's 
Environmental Report--Post Operating License Stage,'' which will update 
``Applicant's Environmental Report--Operating License Stage,'' as 
appropriate, to reflect any new information or significant 
environmental change associated with the applicant's proposed 
decommissioning activities or with the applicant's proposed activities 
with respect to the planned storage of spent fuel. * * *

0
90. Section 51.55 is revised to read as follows:


Sec.  51.55  Environmental report--distribution.

    (a) Each applicant for a license to construct and operate a 
production or utilization facility covered by paragraphs (b)(1), 
(b)(2), (b)(3), or (b)(4) of Sec.  51.20, each applicant for renewal of 
an operating license for a nuclear power plant, each applicant for a 
license amendment authorizing the decommissioning of a production or 
utilization facility covered by Sec.  51.20, and each applicant for a 
license or license amendment to store spent fuel at a nuclear power 
plant after expiration of the operating license for the nuclear power 
plant shall submit a copy to the Director of the Office of Nuclear 
Reactor Regulation, or a copy to the Director of the Office of Nuclear 
Material Safety and Safeguards, as appropriate, of an environmental 
report or any supplement to an environmental report. These reports must 
be sent either by mail addressed: ATTN: Document Control Desk; U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand 
delivery to the NRC's offices at 11555 Rockville Pike, Rockville, 
Maryland, between the hours of 8:15 a.m. and 4:00 p.m. eastern time; 
or, where practicable, by electronic

[[Page 58811]]

submission, for example, via Electronic Information Exchange, or CD-
ROM. Electronic submissions must be made in a manner that enables the 
NRC to receive, read, authenticate, distribute, and archive the 
submission, and process and retrieve it a single page at a time. 
Detailed guidance on making electronic submissions can be obtained by 
visiting the NRC's Web site at http://www.nrc.gov/site-help/eie.html, 
by calling (301) 415-6030, by e-mail to [email protected], or by writing the 
Office of the Chief Information Officer, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001. The guidance discusses, among 
other topics, the formats the NRC can accept, the use of electronic 
signatures, and the treatment of nonpublic information. If the 
communication is on paper, the signed original must be sent. If a 
submission due date falls on a Saturday, Sunday, or Federal holiday, 
the next Federal working day becomes the official due date. The 
applicant shall maintain the capability to generate additional copies 
of the environmental report or any supplement to the environmental 
report for subsequent distribution to parties and Boards in the NRC 
proceedings; Federal, State, and local officials; and any affected 
Indian tribes, in accordance with written instructions issued by the 
Director of the Office of Nuclear Reactor Regulation or the Director of 
the Office of Nuclear Material Safety and Safeguards, as appropriate.
    (b) Each applicant for a license to manufacture a nuclear power 
reactor, or for an amendment to a license to manufacture, seeking 
approval of the final design of the nuclear power reactor, pursuant to 
appendix M to part 52 of this chapter shall submit to the Commission an 
environmental report or any supplement to an environmental report in 
the manner specified in Sec.  50.4. The applicant shall maintain the 
capability to generate additional copies of the environmental report or 
any supplement to the environmental report for subsequent distribution 
to parties and Boards in the NRC proceeding; Federal, State, and local 
officials; and any affected Indian tribes, in accordance with written 
instructions issued by the Director of Nuclear Reactor Regulation.

0
91. In Sec.  51.60, the first sentence of paragraph (a) is revised to 
read as follows:


Sec.  51.60  Environmental report--material licenses.

    (a) Each applicant for a license or other form of permission, or an 
amendment to or renewal of a license or other form of permission issued 
pursuant to parts 30, 32, 33, 34, 35, 36, 39, 40, 61, 70 and/or 72 of 
this chapter, and covered by paragraphs (b)(1) through (b)(5) of this 
section, shall submit with its application to: ATTN: Document Control 
Desk, Director, Nuclear Material Safety and Safeguards, a separate 
document, entitled ``Applicant's Environmental Report'' or ``Supplement 
to Applicant's Environmental Report,'' as appropriate. * * *
* * * * *

0
92. In Sec.  51.61, the first sentence is revised to read as follows:


Sec.  51.61  Environmental report--independent spent fuel installation 
(ISFSI) or monitored retrievable storage installation (MRS) license.

    Each applicant for issuance of a license for storage of spent fuel 
in an independent spent fuel storage installation (ISFSI) or for the 
storage of spent fuel and high-level radioactive waste in a monitored 
retrievable storage installation (MRS) pursuant to part 72 of this 
chapter shall submit with its application to: ATTN: Document Control 
Desk, Director, Office of Nuclear Material Safety and Safeguards, a 
separate document entitled ``Applicant's Environmental Report--ISFSI 
License'' or ``Applicant's Environmental Report--MRS License,'' as 
appropriate. * * *

0
93. In Sec.  51.62, the first sentence of paragraph (a) is revised to 
read as follows:


Sec.  51.62  Environmental report--land disposal of radioactive waste 
licensed under 10 CFR part 61.

    (a) Each applicant for issuance of a license for land disposal of 
radioactive waste pursuant to part 61 of this chapter shall submit with 
its application to: ATTN: Document Control Desk, Director of Nuclear 
Material Safety and Safeguards, a separate document, entitled 
``Applicant's Environmental Report--License for Land Disposal of 
Radioactive Waste.'' * * *
* * * * *

0
94. Section 51.66 is revised to read as follows:


Sec.  51.66  Environmental report--distribution.

    Each applicant for a license or other form of permission, or an 
amendment to or renewal of a license or other form of permission issued 
pursuant to parts 30, 32, 33, 34, 35, 36, 39, 40, 61, 70 and/or 72 of 
this chapter, and covered by paragraphs (b)(1) through (6) of Sec.  
51.60; or by Sec.  51.61 or Sec.  51.62 shall submit to the Director of 
Nuclear Material Safety and Safeguards an environmental report or any 
supplement to an environmental report in the manner specified in Sec.  
51.55(a). The applicant shall maintain the capability to generate 
additional copies of the environmental report or any supplement to the 
environmental report for subsequent distribution to Federal, State, and 
local officials and any affected Indian tribes in accordance with 
written instructions issued by the Director of Nuclear Material Safety 
and Safeguards.

0
95. Section 51.68 is revised to read as follows:


Sec.  51.68  Environmental report--rulemaking.

    Petitioners for rulemaking requesting amendments of parts 30, 31, 
32, 33, 34, 35, 36, 39, 40 or part 70 of this chapter concerning the 
exemption from licensing and regulatory requirements of or authorizing 
general licenses for any equipment, device, commodity or other product 
containing byproduct material, source material or special nuclear 
material shall submit with the petition a separate document entitled 
``Petitioner's Environmental Report,'' which shall contain the 
information specified in Sec.  51.45.


Sec.  51.69  [Removed]

0
96. Section 51.69 is removed.
0
97. In Sec.  51.121, the introductory text and paragraphs (a) through 
(d) are revised to read as follows:


Sec.  51.121  Status of NEPA actions.

    Individuals or organizations desiring information on the NRC's NEPA 
process or on the status of specific NEPA actions should address 
inquiries to:
    (a) Utilization facilities: ATTN: Document Control Desk, Director, 
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, telephone (301) 415-1270, e-mail 
[email protected].
    (b) Production facilities: ATTN: Document Control Desk, Director, 
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
7800, e-mail [email protected].
    (c) Materials licenses: ATTN: Document Control Desk, Director, 
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
7800, e-mail [email protected].
    (d) Rulemaking: ATTN: Chief, Rules and Directives Branch, Office of 
Administration, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone (800) 368-5642, e-mail [email protected].
* * * * *

[[Page 58812]]


0
98. In Sec.  51.123, the first sentence of paragraph (a) and the first 
sentence of paragraph (b) are revised to read as follows:


Sec.  51.123  Charges for environmental documents; distribution to 
public; distribution to governmental agencies.

    (a) Distribution to public. Upon written request to the Office of 
the Chief Information Officer, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, e-mail [email protected], and to the 
extent available, single copies of draft environmental impact 
statements and draft findings of no significant impact will be made 
available to interested persons without charge. * * *
    (b) Distribution to governmental agencies. Upon written request to 
the Office of the Chief Information Officer, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, e-mail [email protected], and 
to the extent available, copies of draft and final environmental impact 
statements and draft final findings of no significant impact will be 
made available in the number requested to Federal, State and local 
agencies, Indian Tribes, and State, regional, and metropolitan 
clearinghouses. * * *
* * * * *

PART 52--EARLY SITE PERMITS; STANDARD DESIGN CERTIFICATIONS; AND 
COMBINED LICENSES FOR NUCLEAR POWER PLANTS

0
99. The authority citation for part 52 is revised to read as follows:

    Authority: Secs. 103, 104, 161, 182, 183, 186, 189, 68 Stat. 
936, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 444, as 
amended (42 U.S.C. 2133, 2201, 2232, 2233, 2236, 2239, 2282); secs. 
201, 202, 206, 88 Stat. 1242, 1244, 1246, as amended (42 U.S.C. 
5841, 5842, 5846); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).


0
100. In appendix A to part 52, section III.A is revised to read as 
follows:

Appendix A to Part 52--Design Certification Rule for the U.S. Advanced 
Boiling Water Reactor

* * * * *

III. Scope and Contents

    A. Tier 1, Tier 2, and the generic technical specifications in 
the U.S. ABWR Design Control Document, GE Nuclear Energy, Revision 4 
dated March 1997, are approved for incorporation by reference by the 
Director of the Office of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Copies of the generic DCD may be 
obtained from the National Technical Information Service, 5285 Port 
Royal Road, Springfield, VA 22161, Web site at http://www.ntis.gov. 
A copy is available for examination and copying at the NRC Public 
Document Room, 11555 Rockville Pike, Rockville, Maryland, telephone 
(301) 415-4737, e-mail [email protected]. Copies are also available for 
examination at the NRC Library, 11545 Rockville Pike, Rockville, 
Maryland, telephone (301) 415-5610, e-mail [email protected], and the 
Office of the Federal Register, 800 North Capitol Street, NW., Suite 
700, Washington, DC, e-mail fedreg.info@nara.gov">fedreg.info@nara.gov.

* * * * *

0
101. In appendix B to part 52, section III.A is revised to read as 
follows:

Appendix B to Part 52--Design Certification Rule for the System 80+ 
Design

* * * * *

III. Scope and Contents

    A. Tier 1, Tier 2, and the generic technical specifications in 
the System 80+ Design Control Document, ABB-CE, with revisions dated 
January 1997, are approved for incorporation by reference by the 
Director of the Office of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Copies of the generic DCD may be 
obtained from the National Technical Information Service, 5285 Port 
Royal Road, Springfield, VA 22161, Web site at http://www.ntis.gov. 
A copy is available for examination and copying at the NRC Public 
Document Room, 11555 Rockville Pike, Rockville, Maryland, telephone 
(301) 415-4737, e-mail [email protected]. Copies are also available for 
examination at the NRC Library, 11545 Rockville Pike, Rockville, 
Maryland, telephone (301) 415-5610, e-mail [email protected], and the 
Office of the Federal Register, 800 North Capitol Street, NW., Suite 
700, Washington, DC, e-mail fedreg.info@nara.gov">fedreg.info@nara.gov.

* * * * *

0
102. In appendix C to part 52, the third and fourth sentences of 
section III.A are revised to read as follows:

Appendix C to Part 52--Design Certification Rule for the AP600 
Design

* * * * *

III. Scope and Contents

    A. * * * A copy of the generic DCD is available for examination 
and copying at the NRC Public Document Room, 11555 Rockville Pike, 
Rockville, Maryland, telephone (301) 415-4737, e-mail [email protected]. 
Copies are also available for examination at the NRC Library, 11545 
Rockville Pike, Rockville, Maryland, telephone (301) 415-5610, e-
mail [email protected]; and the Office of the Federal Register, 800 
North Capitol Street, NW., Suite 700, Washington, DC, e-mail 
fedreg.info@nara.gov">fedreg.info@nara.gov.

* * * * *

0
103. In appendix O to part 52, paragraph 2 is revised to read as 
follows:

Appendix O to Part 52--Standardization of Design: Staff Review of 
Standard Designs

* * * * *
    2. The submittal for review of the standard design must be made 
in the same manner as provided in Sec. Sec.  50.4 and 50.30 for 
license applications.

* * * * *

0
104. In appendix Q to part 52, the first sentence of paragraph 2 is 
revised to read as follows:

Appendix Q to Part 52--Pre-Application Early Review of Site Suitability 
Issues

* * * * *
    2. The submittal for early review of site suitability issue(s) 
must be made in the same manner as provided in Sec. Sec.  50.4 and 
50.30 for license applications. * * *

* * * * *

PART 55--OPERATORS' LICENSES

0
105. The authority citation for part 55 is revised to read as follows:

    Authority: Secs. 107, 161, 182, 68 Stat. 939, 948, 953, as 
amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2137, 2201, 
2232, 2282); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 
1244 (42 U.S.C. 5841, 5842); sec. 1704, 112 Stat. 2750 (44 U.S.C. 
3504 note).
    Sections 55.41, 55.43, 55.45, and 55.59 also issued under sec. 
306, Pub. L. 97-425, 96 Stat. 2262 (42 U.S.C. 10226). Section 55.61 
also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 
2237).


0
106. In Sec.  55.5, paragraphs (a)(2), (b)(2), and (b)(3) are revised, 
and paragraph (a)(3) is added, to read as follows:


Sec.  55.5  Communications.

    (a) * * *
    (1) * * *
    (2) By delivery in person to the NRC's offices at 11555 Rockville 
Pike, Rockville, Maryland, or
    (3) Where practicable, by electronic submission, for example, via 
Electronic Information Exchange, or CD-ROM. Electronic submissions must 
be made in a manner that enables the NRC to receive, read, 
authenticate, distribute, and archive the submission, and process and 
retrieve it a single page at a time. Detailed guidance on making 
electronic submissions can be obtained by visiting the NRC's Web site 
at http://www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by 
e-mail to [email protected] or by writing the Office of the Chief Information 
Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. 
The guidance discusses, among other topics, the formats the NRC can 
accept, the use of electronic signatures, and the treatment of 
nonpublic information.
    (b) * * *

[[Page 58813]]

    (2) Any application for a license or license renewal filed under 
the regulations in this part involving a nuclear power reactor licensed 
under 10 CFR part 50 and any related inquiry, communication, 
information, or report must be submitted to the Regional Administrator 
by an appropriate method listed in paragraph (a) of this section. The 
Regional Administrator or the Administrator's designee will transmit to 
the Director of Nuclear Reactor Regulation any matter that is not 
within the scope of the Regional Administrator's delegated authority.
    (i) If the nuclear power reactor is located in Region I, 
submissions must be made to the Regional Administrator of Region I. 
Submissions by mail or hand delivery must be addressed to the 
Administrator at U.S. Nuclear Regulatory Commission, 475 Allendale 
Road, King of Prussia, Pennsylvania 19406-1415; where e-mail is 
appropriate it should be addressed to RidsRgn1Mail[email protected].
    (ii) If the nuclear power reactor is located in Region II, 
submissions must be made to the Regional Administrator of Region II. 
Submissions by mail or hand delivery must be addressed to the 
Administrator at U.S. Nuclear Regulatory Commission, Sam Nunn Atlanta 
Federal Center, Suite 23T85, 61 Forsyth Street, SW, Atlanta, GA 30303-
8931; where e-mail is appropriate it should be addressed to 
RidsRgn2Mail[email protected].
    (iii) If the nuclear power reactor is located in Region III, 
submissions must be made to the Regional Administrator of Region III. 
Submissions by mail or hand delivery must be addressed to the 
Administrator at U.S. Nuclear Regulatory Commission, 801 Warrenville 
Road, Lisle, IL 60532-4351; where e-mail is appropriate it should be 
addressed to RidsRgn3Mail[email protected].
    (iv) If the nuclear power reactor is located in Region IV, 
submissions must be made to the Regional Administrator of Region IV. 
Submissions by mail or hand delivery must be addressed to the 
Administrator at U.S. Nuclear Regulatory Commission, 611 Ryan Plaza 
Drive, Suite 1000, Arlington, Texas 76011-4005; where e-mail is 
appropriate it should be addressed to RidsRgn4Mail[email protected].
    (3)(i) Any application for a license or license renewal filed under 
the regulations in this part involving a test and research reactor 
facility licensed under 10 CFR part 50 and any related inquiry, 
communication, information, or report must be submitted to the Office 
of Nuclear Reactor Regulation, Division of Regulatory Improvement 
Programs at the NRC's headquarters, by an appropriate method listed in 
paragraph (a) of this section.
    (ii) For all test and research reactor facilities located in the 
NRC's Regions, submissions must be made to the Office of Nuclear 
Reactor Regulation, Director of the Division of Regulatory Improvement 
Programs at the NRC's headquarters, by an appropriate method listed in 
paragraph (a) of this section.

0
107. In Sec.  55.23, the introductory text is revised to read as 
follows:


Sec.  55.23  Certification.

    To certify the medical fitness of the applicant, an authorized 
representative of the facility licensee shall complete and sign NRC 
Form 396, ``Certification of Medical Examination by Facility 
Licensee,'' which can be obtained by writing the Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, by calling (301) 415-5877, or by visiting the NRC's Web 
site at http://www.nrc.gov and selecting forms from the index found on 
the home page.
* * * * *

0
108. In Sec.  55.31, paragraphs (a)(1) and (a)(2) are revised to read 
as follows:


Sec.  55.31  How to apply.

    (a) * * *
    (1) Complete NRC Form 398, ``Personal Qualification Statement--
Licensee,'' which can be obtained by writing the Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, by calling (301) 415-5877, or by visiting the NRC's Web 
site at http://www.nrc.gov and selecting forms from the index found on 
the home page;
    (2) File an original of NRC Form 398, together with the information 
required in paragraphs (a)(3), (4), (5) and (6) of this section, with 
the appropriate Regional Administrator;
* * * * *

0
109. In Sec.  55.57, paragraph (a)(2) is revised to read as follows:


Sec.  55.57  Renewal of licenses.

    (a) * * *
    (2) File an original of NRC Form 398 with the appropriate Regional 
Administrator specified in Sec.  55.5(b).
* * * * *

PART 60--DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN GEOLOGIC 
REPOSITORIES

0
110. The authority citation for part 60 is revised to read as follows:

    Authority: Secs. 51, 53, 62, 63, 65, 81, 161, 182, 183, 68 Stat. 
929, 930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2071, 
2073, 2092, 2093, 2095, 2111, 2201, 2232, 2233); secs. 202, 206, 88 
Stat. 1244, 1246 (42 U.S.C. 5842, 5846); secs. 10 and 14, Pub. L. 
95-601, 92 Stat. 2951 (42 U.S.C. 2021a and 5851); sec. 102, Pub. L. 
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 114, 121, Pub. L. 97-
425, 96 Stat. 2213g, 2228, as amended (42 U.S.C. 10134, 10141), and 
Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 
1704, 112 Stat. 2750 (44 U.S.C. 3504 note).


0
111. In Sec.  60.4, paragraph (a) is revised to read as follows:


Sec.  60.4  Communications and records.

    (a) Except where otherwise specified, all communications and 
reports concerning the regulations in this part and applications filed 
under them should be sent by mail addressed: ATTN: Document Control 
Desk: Director, Office of Nuclear Material Safety and Safeguards, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand 
delivery to the NRC's offices at 11555 Rockville Pike, Rockville, 
Maryland; or, where practicable, by electronic submission, for example, 
via Electronic Information Exchange, or CD-ROM. Electronic submissions 
must be made in a manner that enables the NRC to receive, read, 
authenticate, distribute, and archive the submission, and process and 
retrieve it a single page at a time. Detailed guidance on making 
electronic submissions can be obtained by visiting the NRC's Web site 
at http://www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by 
e-mail to [email protected], or by writing the Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. The guidance discusses, among other topics, the formats the 
NRC can accept, the use of electronic signatures, and the treatment of 
nonpublic information.
* * * * *

0
112. In Sec.  60.9, paragraph (e)(2) is revised to read as follows:


Sec.  60.9  Employee protection.

* * * * *
    (e) * * *
    (2) Copies of NRC Form 3 may be obtained by writing to the Regional 
Administrator of the appropriate U.S. Nuclear Regulatory Commission 
Regional Office listed in appendix D to part 20 of this chapter, by 
calling (301) 415-5877, via e-mail to [email protected], or by visiting the 
NRC's Web site at http://www.nrc.gov and selecting forms from the index 
found on the home page.
* * * * *

[[Page 58814]]


0
113. In Sec.  60.22, paragraphs (a) and (b) are revised to read as 
follows:


Sec.  60.22  Filing and distribution of application.

    (a) An application for a license to receive and possess source, 
special nuclear, or byproduct material at a geologic repository 
operations area at a site which has been characterized, and any 
amendments thereto, and an accompanying environmental impact statement 
and any supplements, must be signed by the Secretary of Energy or the 
Secretary's authorized representative and must be filed with the 
Director.
    (b) DOE shall maintain the capability to generate additional copies 
for distribution in accordance with written instructions from the 
Director or the Director's designee.
* * * * *

0
114. In Sec.  60.44, the fifth sentence of paragraph (b) is revised to 
read as follows:


Sec.  60.44  Changes, tests, and experiments.

* * * * *
    (b) * * * The DOE shall furnish the report to the appropriate NRC 
Regional Office shown in appendix D to part 20 of this chapter, by an 
appropriate method listed in Sec.  60.4(a), with a copy to the Director 
of the NRC's Office of Nuclear Material Safety and Safeguards. * * *
* * * * *

PART 61--LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE 
WASTE

0
115. The authority citation for part 61 is revised to read as follows:

    Authority: Secs. 53, 57, 62, 63, 65, 81, 161, 182, 183, 68 Stat. 
930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2073, 2077, 
2092, 2093, 2095, 2111, 2201, 2232, 2233); secs. 202, 206, 88 Stat. 
1244, 1246, (42 U.S.C. 5842, 5846); secs. 10 and 14, Pub. L. 95-601, 
92 Stat. 2951 (42 U.S.C. 2021a and 5851) and Pub. L. 102-486, sec. 
2902, 106 Stat. 3123, (42 U.S.C. 5851); sec. 1704, 112 Stat. 2750 
(44 U.S.C. 3504 note).


0
116. Section 61.4 is revised to read as follows:


Sec.  61.4  Communications.

    Except where otherwise specified, all communications and reports 
concerning the regulations in this part and applications filed under 
them should be sent by mail addressed: ATTN: Document Control Desk; 
Director, Office of Nuclear Material Safety and Safeguards, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand 
delivery to the NRC's Offices at 11555 Rockville Pike, Rockville, 
Maryland; or, where practicable, by electronic submission, for example, 
via Electronic Information Exchange, or CD-ROM. Electronic submissions 
must be made in a manner that enables the NRC to receive, read, 
authenticate, distribute, and archive the submission, and process and 
retrieve it a single page at a time. Detailed guidance on making 
electronic submissions can be obtained by visiting the NRC's Web site 
at http://www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by 
e-mail to [email protected], or by writing the Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. The guidance discusses, among other topics, the formats the 
NRC can accept, the use of electronic signatures, and the treatment of 
nonpublic information.

0
117. In Sec.  61.9, paragraph (e)(2) is revised to read as follows:


Sec.  61.9  Employee protection.

* * * * *
    (e) * * *
    (2) Copies of NRC Form 3 can be obtained by writing to the Regional 
Administrator of the appropriate U.S. Nuclear Regulatory Commission 
Regional Office listed in appendix D to part 20 of this chapter, by 
calling (301) 415-5877, via e-mail to [email protected], or by visiting the 
NRC's Web site at http://www.nrc.gov and selecting forms from the index 
found on the home page.
* * * * *

0
118. In Sec.  61.20, paragraphs (a) and (b) are revised to read as 
follows:


Sec.  61.20  Filing and distribution of application.

    (a) An application for a license under this part, and any 
amendments thereto, must be filed with the Director, must be signed by 
the applicant or the applicant's authorized representative under oath 
or affirmation, and, if the document is in paper form, must be the 
signed original.
    (b) The applicant shall maintain the capability to generate 
additional copies of the application for distribution in accordance 
with written instructions from the Director or the Director's designee.
* * * * *

0
119. In Sec.  61.80, the first sentence of paragraph (i)(1) is revised 
to read as follows:


Sec.  61.80  Maintenance of records, reports, and transfers.

* * * * *
    (i)(1) Each licensee authorized to dispose of waste materials 
received from other persons under this part shall submit annual reports 
to the Director of the Division of Waste Management in the NRC's Office 
of Nuclear Material Safety and Safeguards, by an appropriate method 
listed in Sec.  60.4, with a copy to the appropriate NRC Regional 
Office shown in appendix D to part 20 of this chapter. * * *
* * * * *

PART 62--CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-
FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES

0
120. The authority citation for part 62 is revised to read as follows:

    Authority: Secs. 81, 161, as amended, 68 Stat. 935, 948, 949, 
950, 951, as amended (42 U.S.C. 2111, 2201); secs. 201, 209, as 
amended, 88 Stat. 1242, 1248, as amended (42 U.S.C. 5841, 5849); 
secs. 3, 4, 5, 6, 99 Stat. 1843, 1844, 1845, 1846, 1847, 1848, 1849, 
1850, 1851, 1852, 1853, 1854, 1855, 1856, 1857 (42 U.S.C. 2021c, 
2021d, 2021e, 2021f); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 
note).


0
121. Section 62.3 is revised to read as follows:


Sec.  62.3  Communications.

    Except where otherwise specified, all communications and reports 
concerning the regulations in this part and applications filed under 
them should be sent by mail addressed: ATTN: Document Control Desk, 
Director, Office of Nuclear Material Safety and Safeguards, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand 
delivery to the NRC's offices at 11555 Rockville Pike, Rockville, 
Maryland; or, where practicable, by electronic submission, for example, 
via Electronic Information Exchange, or CD-ROM. Electronic submissions 
must be made in a manner that enables the NRC to receive, read, 
authenticate, distribute, and archive the submission, and process and 
retrieve it a single page at a time. Detailed guidance on making 
electronic submissions can be obtained by visiting the NRC's Web site 
at http://www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by 
e-mail to [email protected], or by writing the Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. The guidance discusses, among other topics, the formats the 
NRC can accept, the use of electronic signatures, and the treatment of 
nonpublic information.

0
122. In Sec.  62.11, the first sentence of paragraph (a) is revised to 
read as follows:

[[Page 58815]]

Sec.  62.11  Filing and distribution of a determination request.

    (a) The person submitting a request for a Commission determination 
shall file a signed original of the request with the Commission at the 
address specified in Sec.  62.3 of this part, with a copy also provided 
to the appropriate Regional Administrator at the address specified in 
appendix D to part 20 of this chapter. * * *
* * * * *

PART 63--DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC 
REPOSITORY AT YUCCA MOUNTAIN, NEVADA

0
123. The authority citation for part 63 is revised to read as follows:

    Authority: Secs. 51, 53, 62, 63, 65, 81, 161, 182, 183, 68 Stat. 
929, 930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2071, 
2073, 2092, 2093, 2095, 2111, 2201, 2232, 2233); secs. 202, 206, 88 
Stat.1244, 1246 (42 U.S.C. 5842, 5846); secs. 10 and 14, Pub. L. 95-
601, 92 Stat. 2951 (42 U.S.C. 2021a and 5851); sec. 102, Pub. L. 91-
190, 83 Stat. 853 (42 U.S.C. 4332); secs. 114, 121, Pub. L. 97-425, 
96 Stat. 2213g, 2238, as amended (42 U.S.C. 10134, 10141), and Pub. 
L. 102-486, sec. 2902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 1704, 
112 Stat. 2750 (44 U.S.C. 3504 note).


0
124. In Sec.  63.2, the definition of Publicly Available Records System 
(PARS) Library is added to read as follows:


Sec.  63.2  Definitions.

* * * * *
    Publicly Available Records System (PARS) Library means the 
electronic library generated by the NRC's Agencywide Documents Access 
and Management System (ADAMS) to provide access to public documents. 
PARS has full text documents which can be searched using specific 
fields and parameters. The public can search, download, print, create 
reports, and order documents online. The PARS Library contains publicly 
available documents created or received by NRC since November 1, 1999, 
as well as some older documents that the NRC has retrofit into the 
collection. PARS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm.html.
* * * * *

0
125. In Sec.  63.4, paragraph (a) is revised to read as follows:


Sec.  63.4  Communications and records.

    (a) Except as otherwise specified, in this part or in subpart J of 
part 2 of this chapter, all communications and reports concerning the 
regulations in this part and applications filed under them should be 
sent to the NRC as follows:
    (1) By mail addressed: ATTN: Document Control Desk; Director, 
Office of Nuclear Material Safety and Safeguards; U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001;
    (2) By hand delivery to the NRC's offices at 11555 Rockville Pike, 
Rockville, Maryland; ATTN: Document Control Desk: Director, Office of 
Nuclear Material Safety and Safeguards; or,
    (3) Where practicable, by electronic submission, for example, via 
Electronic Information Exchange, or CD-ROM. Electronic submissions must 
be made in a manner that enables the NRC to receive, read, 
authenticate, distribute, and archive the submission, and process and 
retrieve it a single page at a time. Detailed guidance on making 
electronic submissions can be obtained by visiting the NRC's Web site 
at http://www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by 
e-mail to [email protected], or by writing the Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. The guidance discusses, among other topics, the formats the 
NRC can accept, the use of electronic signatures, and the treatment of 
nonpublic information.
* * * * *

0
126. In Sec.  63.9, paragraph (e)(2) is revised to read as follows:


Sec.  63.9  Employee protection.

    (e) * * *
    (2) Copies of NRC Form 3 may be obtained by writing to the Regional 
Administrator of the appropriate U.S. Nuclear Regulatory Commission 
Regional Office listed in appendix D to part 20 of this chapter, by 
calling (301) 415-5877, via e-mail to [email protected], or by accessing 
the NRC Web site at http://www.nrc.gov and selecting forms from the 
index found on the home page.
* * * * *

0
127. In Sec.  63.16, paragraph (f) is revised to read as follows:


Sec.  63.16  Review of site characterization activities.

* * * * *
    (f) The NRC shall place all correspondence between DOE and NRC 
resulting from the requirements of this section, including the reports 
described in paragraph (b) of this section, in the Publicly Available 
Records System (PARS) Library.
* * * * *

0
128. In Sec.  63.22, paragraphs (a), (b), and the first sentence of 
paragraph (d) are revised to read as follows:


Sec.  63.22  Filing and distribution of application.

    (a) An application for a license to receive and possess source, 
special nuclear, or byproduct material at a geologic repository 
operations area at the Yucca Mountain site that has been characterized, 
any amendments to the application, and an accompanying environmental 
impact statement and any supplements, must be signed by the Secretary 
of Energy or the Secretary's authorized representative and must be 
filed with the Director in triplicate on paper and optical storage 
media.
    (b) DOE shall submit 30 additional copies, on paper and optical 
storage media, of each portion of the application and any amendments, 
and each environmental impact statement and any supplements. DOE shall 
maintain the capability to generate additional copies for distribution 
in accordance with written instructions from the Director or the 
Director's designee.
* * * * *
    (d) When an application, and any amendment to it is filed, copies 
on paper and optical storage media must be made available in 
appropriate locations near the proposed geologic repository operations 
areas at the Yucca Mountain site for inspection by the public. * * *
* * * * *

0
129. In Sec.  63.44, paragraph (c)(2) is revised to read as follows:


Sec.  63.44  Changes, tests, and experiments.

* * * * *
    (c) * * *
    (2) No less frequently than every 24 months, DOE shall prepare a 
report containing a brief description of such changes, tests, and 
experiments, including a summary of the evaluation of each. These 
written reports must be sent to the NRC using an appropriate method 
listed in Sec.  63.4; addressed: ATTN: Document Control Desk; Director, 
Office of Nuclear Material Safety and Safeguards; U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-001; and DOE shall furnish 
the report to the appropriate NRC Regional Office shown in appendix D 
to part 20 of this chapter. Any report submitted under this paragraph 
must be made a part of the public record of the licensing proceedings.
* * * * *

0
130. In Sec.  63.61, paragraph (c) is revised to read as follows:


Sec.  63.61  Provision of information.

* * * * *
    (c) The NRC shall place communications by the Director under

[[Page 58816]]

this section in the Publicly Available Records System (PARS) Library 
and furnish copies to DOE.

0
131. In Sec.  63.63, paragraph (f) is revised to read as follows:


Sec.  63.63  Participation in license reviews.

* * * * *
    (f) The NRC shall place all proposals submitted under this section, 
and responses to them, in the Publicly Available Records System (PARS) 
Library.

0
132. In Sec.  63.73, paragraph (d) is revised to read as follows:


Sec.  63.73  Reports of deficiencies.

* * * * *
    (d) The requisite notification must be as specified in the 
applicable regulation. By an appropriate method listed in Sec.  63.4 of 
this chapter, written reports must be submitted to NRC addressed: ATTN: 
Document Control Desk; Director, Office of Nuclear Material Safety and 
Safeguards; U.S. Nuclear Regulatory Commission, Washington, DC 20555-
001; and to the NRC onsite representative. DOE shall also furnish the 
report to the appropriate NRC Regional Office shown in appendix D to 
part 20 of this chapter.

0
133. In Sec.  63.144, paragraph (b)(1) is revised to read as follows:


Sec.  63.144  Quality assurance program change.

* * * * *
    (b) * * *
    (1) By an appropriate method listed in Sec.  63.4 of this chapter, 
the signed document must be submitted to the Nuclear Regulatory 
Commission, addressed: ATTN: Document Control Desk; Director, Office of 
Nuclear Material and Safeguards; U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, and one copy to the appropriate NRC Resident 
Inspector, if one has been assigned to the site or facility.
* * * * *

PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

0
134. The authority citation for part 70 is revised 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 (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). Sec. 193, 104 Stat. 2835, as amended 
by Pub. L. 104-134, 110 Stat. 1321, 1321-349 (42 U.S.C. 2243); sec. 
1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
    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 70.81 also issued under secs. 186, 187, 68 
Stat. 955 (42 U.S.C. 2236, 2237). Section 70.82 also issued under 
sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).


0
135. In Sec.  70.5, paragraphs (a)(1) and (a)(2), the introductory text 
of paragraph (b), and the last sentences of paragraphs (b)(2)(i), 
(b)(2)(ii), (b)(2)(iii), and (b)(2)(iv) are revised and paragraphs 
(a)(3) and (a)(4) are added, to read as follows:


Sec.  70.5  Communications.

    (a) * * *
    (1) By mail addressed to: ATTN: Document Control Desk, Director, 
Office of Nuclear Material Safety and Safeguards or Director, Division 
of Nuclear Security, Office of Nuclear Security and Incident Response, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
    (2) By hand delivery to the Director, Office of Nuclear Material 
Safety and Safeguards or Director, Division of Nuclear Security, Office 
of Nuclear Security and Incident Response at the NRC's offices at 11555 
Rockville Pike, Rockville, Maryland.
    (3) Where practicable, by electronic submission, for example, via 
Electronic Information Exchange, and CD-ROM. Electronic submissions 
must be made in a manner that enables the NRC to receive, read, 
authenticate, distribute, and archive the submission, and process and 
retrieve it a single page at a time. Detailed guidance on making 
electronic submissions can be obtained by visiting the NRC's Web site 
at http://www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by 
e-mail to [email protected], or by writing the Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. The guidance discusses, among other topics, the formats the 
NRC can accept, the use of electronic signatures, and the treatment of 
nonpublic information.
    (4) Classified communications shall be transmitted to the NRC 
Headquarters' classified mailing address as specified in appendix A to 
part 73 of this chapter or delivered by hand in accordance with 
paragraph (a)(2) of this section.
    (b) The Commission has delegated to the four Regional 
Administrators licensing authority for selected parts of its 
decentralized licensing program for nuclear materials as described in 
paragraph (b)(1) of this section. Any communication, report, or 
application covered under this licensing program must be submitted to 
the appropriate Regional Administrator. The Administrators' 
jurisdictions and mailing addresses are listed in paragraph (b)(2) of 
this section.
* * * * *
    (2) * * *
    (i) * * * All mailed or hand-delivered inquiries, communications, 
and applications for a new license or an amendment or renewal of an 
existing license specified in paragraph (b)(1) of this section must use 
the following address: U.S. Nuclear Regulatory Commission, Region I, 
Nuclear Material Section B, 475 Allendale Road, King of Prussia, 
Pennsylvania 19406-1415; where e-mail is appropriate it should be 
addressed to RidsRgn1Mail[email protected].
    (ii) * * * All mailed or hand-delivered inquiries, communications, 
and applications for a new license or an amendment or renewal of an 
existing license specified in paragraph (b)(1) of this section must use 
the following address: U.S. Nuclear Regulatory Commission, Region II, 
Material Licensing/Inspection Branch, Sam Nunn Atlanta Federal Center, 
Suite 23T85, 61 Forsyth Street, SW., Atlanta, GA 30303-8931; where e-
mail is appropriate it should be addressed to 
RidsRgn2Mail[email protected].
    (iii) * * * All mailed or hand-delivered inquiries, communications, 
and applications for a new license or an amendment or renewal of an 
existing license specified in paragraph (b)(1) of this section must use 
the following address: U.S. Nuclear Regulatory Commission, Region III, 
Material Licensing Section, 801 Warrenville Road, Lisle, Illinois 
60532-4351; where e-mail is appropriate it should be addressed to 
RidsRgn3Mail[email protected].
    (iv) * * * All mailed or hand-delivered inquiries, communications, 
and applications for a new license or an amendment or renewal of an 
existing license specified in paragraph (b)(1) of this section must use 
the following address: U.S. Nuclear Regulatory Commission, Region IV, 
Material Radiation Protection Section, 611 Ryan Plaza Drive, Suite 400, 
Arlington, Texas 76011-4005; where e-mail is appropriate it should be 
addressed to RidsRgn4Mail[email protected].

0
136. In Sec.  70.7, paragraph (e)(3) is revised to read as follows:

[[Page 58817]]

Sec.  70.7  Employee protection.

* * * * *
    (e) * * *
    (3) Copies of NRC Form 3 may be obtained by writing to the Regional 
Administrator of the appropriate U.S. Nuclear Regulatory Commission 
Regional Office listed in appendix D to part 20 of this chapter, by 
calling (301) 415-5877, via e-mail to [email protected], or by accessing 
the NRC Web site at http://www.nrc.gov and selecting forms from the 
index found on the home page.
* * * * *

0
137. In Sec.  70.20b, paragraphs (f)(1), (f)(2)(ii), and (f)(2)(iii) 
are revised to read as follows:


Sec.  70.20b  General license for carriers of transient shipments of 
formula quantities of strategic special nuclear material, special 
nuclear material of moderate strategic significance, special nuclear 
material of low strategic significance, and irradiated reactor fuel.

* * * * *
    (f)(1) Persons generally licensed under this section, who plan to 
carry transient shipments with scheduled stops at United States ports, 
shall notify in writing the Director, Division of Nuclear Security, 
Office of Nuclear Security and Incident Response, using an appropriate 
method listed in Sec.  70.5(a). Classified notifications shall be sent 
to the NRC headquarters classified mailing address listed in appendix A 
to part 73 of this chapter.
    (2) * * *
    (ii) The NRC Headquarters Operations Center shall be notified by 
telephone at least 2 days before commencement of the shipment at the 
numbers listed in appendix A to part 73 of this chapter. Classified 
notifications shall be made by secure telephone.
    (iii) The NRC Headquarters Operations Center shall be notified by 
telephone of schedule changes greater than +/-6 hours at the numbers 
listed in appendix A to part 73 of this chapter. Classified 
notifications shall be made by secure telephone.
* * * * *

0
138. In Sec.  70.21, paragraphs (a)(1) and (a)(2) are revised to read 
as follows:


Sec.  70.21  Filing.

    (a)(1) A person may apply for a license to possess and use special 
nuclear material in a plutonium processing or fuel fabrication plant, 
or for a uranium enrichment facility license, by filing the application 
with the Director of the NRC's Office of Nuclear Material Safety and 
Safeguards in accordance with the instructions in Sec.  70.5(a). If the 
application is on paper or CD-ROM, only one copy need be provided. If 
the application is to be submitted electronically, see guidance for 
electronic submissions to the Commission.
    (2) A person may apply for any other license issued under this 
part, by filing the application in accordance with the instructions in 
Sec.  70.5(a). If the application is on paper, only one copy need be 
provided. If the application is to be submitted electronically, see 
guidance for electronic submissions to the Commission.
* * * * *

0
139. In Sec.  70.32, the second sentence of the introductory text of 
paragraph (c)(2), the last sentences of paragraphs (d), (e), and (g), 
and the third sentence of paragraph (i) are revised to read as follows:


Sec.  70.32  Conditions of licenses.

* * * * *
    (c) * * *
    (2) * * * Licensees located in all four Regions as indicated in 
appendix A of part 73 of this chapter shall furnish to the Director, 
Division of Nuclear Security, Office of Nuclear Security and Incident 
Response, using an appropriate method listed in Sec.  70.5(a), a report 
containing a description of each change within:
* * * * *
    (d) * * * Within two months after each change, a report containing 
a description of the change must be furnished to the Director of the 
NRC's Office of Nuclear Material Safety and Safeguards, using an 
appropriate method listed in Sec.  70.5(a); and a copy must be sent to 
the appropriate NRC Regional Office shown in appendix A to part 73 of 
this chapter.
    (e) * * * The licensee shall maintain records of changes to the 
plan made without prior Commission approval, for three years from the 
effective date of the change, and shall, within two months after the 
change is made, furnish a report containing a description of each 
change to the Director, Division of Nuclear Security, Office of Nuclear 
Security and Incident Response; the report may be sent using an 
appropriate method listed in Sec.  70.5(a), and a copy of the report 
must be sent to the appropriate NRC Regional Office shown in appendix A 
to part 73 of this chapter.
* * * * *
    (g) * * * The licensee shall maintain each change to the plan made 
without prior approval as a record during the period for which 
possession of a formula quantity of special nuclear material is 
authorized under a license and retain the superseded portion for 3 
years after the effective date of the change, and shall, within 60 days 
after the change is made, furnish a report containing a description of 
each change to the Director of Nuclear Material Safety and Safeguards; 
the report may be sent using an appropriate method listed in Sec.  
70.5(a), and a copy of the report must be sent to the Regional 
Administrator of the appropriate NRC Regional Office as specified in 
appendix A to part 73 of this chapter.
* * * * *
    (i) * * * Within six months after each change is made, the licensee 
shall, using an appropriate method listed in Sec.  70.5(a), furnish the 
Director, Division of Nuclear Security, Office of Nuclear Security and 
Incident Response, a copy of each change, with copies to the 
appropriate NRC Regional Office specified in appendix D to part 20 of 
this chapter and to affected offsite response organizations. * * *
* * * * *

0
140. In Sec.  70.50, the third sentence of the introductory text of 
paragraph (c)(2) is revised to read as follows:


Sec.  70.50  Reporting requirements.

* * * * *
    (c) * * *
    (2) * * * These written reports must be sent to the NRC's Document 
Control Desk, using an appropriate method listed in Sec.  70.5(a), with 
a copy to the appropriate NRC regional office listed in appendix D to 
part 20 of this chapter. * * *
* * * * *

0
141. Section 70.59 is revised to read as follows:


Sec.  70.59  Effluent monitoring reporting requirements.

    Within 60 days after January 1 and July 1 of each year, and using 
an appropriate method listed in Sec.  70.5(a), each licensee authorized 
to possess and use special nuclear material for processing and fuel 
fabrication, scrap recovery, conversion of uranium hexafluoride, or in 
a uranium enrichment facility shall submit a report addressed: ATTN: 
Document Control Desk, Director, Office of Nuclear Material Safety and 
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, with a copy to the appropriate NRC Regional Office shown in 
appendix D to part 20 of this chapter. The report must specify the 
quantity of each of the principal radionuclides released to 
unrestricted areas in liquid and gaseous effluents during the previous 
six months of operation, and such other information as the Commission 
may require to estimate maximum potential annual

[[Page 58818]]

radiation doses to the public resulting from effluent releases. If 
quantities of radioactive materials released during the reporting 
periods are significantly above the licensee's design objectives 
previously reviewed as part of the licensing action, the report must 
cover this specifically. On the basis of these reports and any 
additional information the Commission may obtain from the licensee or 
others, the Commission may from time to time require the licensee to 
take such action as the Commission deems appropriate.

PART 71--PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL

0
142. The authority citation for part 71 is revised to read as follows:

    Authority: Secs. 53, 57, 62, 63, 81, 161, 182, 183, 68 Stat. 
930, 932, 933, 935, 948, 953, 954, as amended, sec. 1701, 106 Stat. 
2951, 2952, 2953 (42 U.S.C. 2073, 2077, 2092, 2093, 2111, 2201, 
2232, 2233, 2297f); secs. 201, as amended, 202, 206, 88 Stat. 1242, 
as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); sec. 1704, 112 
Stat. 2750 (44 U.S.C. 3504 note).

    Section 71.97 also issued under sec. 301, Pub. L. 96-295, 94 
Stat. 789-790.

0
143. In Sec.  71.1, paragraph (a) is revised to read as follows:


Sec.  71.1  Communications and records.

    (a) Except where otherwise specified, all communications and 
reports concerning the regulations in this part and applications filed 
under them should be sent by mail addressed: ATTN: Document Control 
Desk, Director, Spent Fuel Project Office, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001, by hand delivery to the NRC's offices at 11555 Rockville 
Pike, Rockville, Maryland; or, where practicable, by electronic 
submission, for example, via Electronic Information Exchange, or CD-
ROM. Electronic submissions must be made in a manner that enables the 
NRC to receive, read, authenticate, distribute, and archive the 
submission, and process and retrieve it a single page at a time. 
Detailed guidance on making electronic submissions can be obtained by 
visiting the NRC's Web site at http://www.nrc.gov/site-help/eie.html, 
by calling (301) 415-6030, by e-mail to [email protected], or by writing the 
Office of the Chief Information Officer, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001. The guidance discusses, among 
other topics, the formats the NRC can accept, the use of electronic 
signatures, and the treatment of nonpublic information.
* * * * *

0
144. In Sec.  71.12, paragraph (c)(3) is revised to read as follows:


Sec.  71.12  General license: NRC-approved package.

* * * * *
    (c) * * *
    (3) Before the licensee's first use of the package, submits in 
writing to: ATTN: Document Control Desk, Director, Spent Fuel Project 
Office, Office of Nuclear Material Safety and Safeguards, using an 
appropriate method listed in Sec.  71.1(a), the licensee's name and 
license number and the package identification number specified in the 
package approval.
* * * * *

0
145. In Sec.  71.95, the introductory text is revised to read as 
follows:


Sec.  71.95  Reports.

    Using an appropriate method listed in Sec.  71.1(a), the licensee 
shall report to: ATTN: Document Control Desk, Director, Spent Fuel 
Project Office, Office of Nuclear Material Safety and Safeguards within 
30 days--
* * * * *

0
146. In Sec.  71.97, the introductory text of paragraph (c)(3) is 
revised to read as follows:


Sec.  71.97  Advance notification of shipment of irradiated reactor 
fuel and nuclear waste.

* * * * *
    (c) * * *
    (3) A notification delivered by any other means than mail must 
reach the office of the governor or of the governor's designee at least 
4 days before the beginning of the 7-day period during which departure 
of the shipment is estimated to occur.
* * * * *

0
147. In Sec.  71.101, the last sentence of paragraph (c) is revised to 
read as follows:


Sec.  71.101  Quality assurance requirements.

* * * * *
    (c) * * * Using an appropriate method listed in Sec.  71.1(a), each 
licensee shall file a description of its quality assurance program, 
including a discussion of which requirements of this subpart are 
applicable and how they will be satisfied, by submitting the 
description to: ATTN: Document Control Desk, Director, Spent Fuel 
Project Office, Office of Nuclear Material Safety and Safeguards.
* * * * * r

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE

0
148. The authority citation for part 72 is revised to read as follows:

    Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 
184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 
954, 955, as amended; sec. 234, 83 Stat. 444, as amended (42 U.S.C. 
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat. 
688, as amended (42 U.S.C. 2021); sec. 201, as amended; 202, 206, 88 
Stat. 1242, as amended; 1244, 1246 (42 U.S.C. 5841, 5842, 5846); 
Pub. L. 95-601, sec. 10, 92 Stat. 2951, as amended by Pub. L. 102-
486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L. 
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135, 
137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241; sec. 148, 
Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 
10155, 10157, 10161, 10168); sec. 1704, 112 Stat. 2750 (44 U.S.C. 
3504 note).
    Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), 
Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 
10168(c), (d)). Section 72.46 also issued under sec. 189, 68 Stat. 
955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 
U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub. 
L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also 
issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-
425, 96 Stat. 2202, 2203, 2204, 2222, 2224 (42 U.S.C. 10101, 
10137(a), 10161(h)). Subparts K and L are also issued under sec. 
133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 
(42 U.S.C. 10198).


0
149. Section 72.4 is revised to read as follows.


Sec.  72.4  Communications.

    Except where otherwise specified, all communications and reports 
concerning the regulations in this part and applications filed under 
them should be sent by mail addressed: ATTN: Document Control Desk, 
Director, Spent Fuel Project Office, Office of Nuclear Material Safety 
and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; by hand delivery to the NRC's offices at One White Flint 
North, 11555 Rockville Pike, Rockville, Maryland between 7:30 a.m. and 
4:15 p.m. eastern time; or, where practicable, by electronic 
submission, for example, via Electronic Information Exchange, or CD-
ROM. Electronic submissions must be made in a manner that enables the 
NRC to receive, read, authenticate, distribute, and archive the 
submission, and process and retrieve it a single page at a time.

[[Page 58819]]

Detailed guidance on making electronic submissions can be obtained by 
visiting the NRC's Web site at http://www.nrc.gov/site-help/eie.html, 
by calling (301) 415-6030, by e-mail to [email protected], or by writing the 
Office of the Chief Information Officer, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001. The guidance discusses, among 
other topics, the formats the NRC can accept, the use of electronic 
signatures, and the treatment of nonpublic information. If the 
submission deadline date falls on a Saturday, or Sunday, or a Federal 
holiday, the next Federal working day becomes the official due date.

0
150. In Sec.  72.10, paragraph (e)(2) is revised to read as follows:


Sec.  72.10  Employee protection.

* * * * *
    (e) * * *
    (2) Copies of NRC Form 3 may be obtained by writing to the Regional 
Administrator of the appropriate U.S. Nuclear Regulatory Commission 
Regional Office listed in appendix D to part 20 of this chapter, by 
calling (301) 415-5877, via e-mail to [email protected], or by visiting the 
NRC's Web site at http://www.nrc.gov and selecting forms from the index 
found on the home page.
* * * * *

0
151. In Sec.  72.16, paragraphs (a) and (c) are revised to read as 
follows:


Sec.  72.16  Filing of application for specific license.

    (a) Place of filing. Each application for a license, or amendment 
thereof, under this part should be filed with the Director of the NRC's 
Spent Fuel Project Office, Office of Nuclear Material Safety and 
Safeguards in accordance with Sec.  72.4.
* * * * *
    (c) Copies of application on paper or CD-ROM. If the application is 
on paper, it must be the signed original. The applicant shall maintain 
the capability to generate additional copies for distribution in 
accordance with instruction from the Director or the Director's 
designee.
* * * * *

0
152. In Sec.  72.44, the third sentence of paragraph (f) is revised to 
read as follows:


Sec.  72.44  License conditions.

* * * * *
    (f) * * * Within six months after any change is made, the licensee 
shall submit, in accordance with Sec.  72.4, a report containing a 
description of any changes made in the plan addressed to Director, 
Spent Fuel Project Office, Office of Nuclear Material Safety and 
Safeguards, U.S. Nuclear Regulatory Commission, with a copy to the 
appropriate NRC Regional Office shown in appendix D to part 20 of this 
chapter. * * *
* * * * *

0
153. In Sec.  72.70, paragraphs (c)(1) and (c)(2) are revised to read 
as follows:


Sec.  72.70  Safety analysis report updating.

* * * * *
    (c)(1) The update of the FSAR must be filed in accordance with 
Sec.  72.4. If the update is filed on paper, it should be filed on a 
page-replacement basis; if filed electronically, it should be filed on 
a full replacement basis. See Guidance for Electronic Submissions to 
the Commission at http://www.nrc.gov/site-help/eie.html.
    (2) A paper update filed on a page-replacement basis must include a 
list that identifies the current pages of the FSAR following page 
replacement. If the update is filed electronically on a full 
replacement basis, it must include a list of changed pages.
* * * * *

0
154. In Sec.  72.76, the second sentence of paragraph (a) is revised to 
read as follows:


Sec.  72.76  Material status reports.

    (a) * * * Copies of these instructions may be obtained either by 
writing the U.S. Nuclear Regulatory Commission, Division of Nuclear 
Security, Office of Nuclear Security and Incident Response, Washington, 
DC 20555-0001, by e-mail to [email protected], or by calling (301) 
415-7298. * * *
* * * * *
0
155. In Sec.  72.78, the second sentence of paragraph (a) is revised to 
read as follows:


Sec.  72.78  Nuclear material transfer reports.

    (a) * * * Copies of these instructions may be obtained either by 
writing the U.S. Nuclear Regulatory Commission, Division of Nuclear 
Security, Office of Nuclear Security and Incident Response, Washington, 
DC 20555-0001, by e-mail to [email protected], or by calling (301) 
415-7298. * * *
* * * * *

0
156. In Sec.  72.186, the second sentence of paragraph (b) is removed 
and two sentences are added in its place to read as follows:


Sec.  72.186  Change to physical security and safeguards contingency 
plans.

* * * * *
    (b) * * * The licensee shall maintain records of changes to any 
such plan made without prior approval for a period of three years from 
the date of the change, and shall, within two months after the change 
is made, submit a report addressed to Director, Spent Fuel Project 
Office, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear 
Regulatory Commission, in accordance with Sec.  72.4, containing a 
description of each change. A copy of the report must be sent to the 
Regional Administrator of the appropriate NRC Regional Office specified 
in appendix A to part 73 of this chapter.

0
157. In Sec.  72.248, paragraphs (c)(1) and (c)(2) are revised to read 
as follows:


Sec.  72.248  Safety analysis report updating.

* * * * *
    (c)(1) The update of the FSAR must be filed in accordance with 
Sec.  72.4. If the update is filed on paper, then it should be filed on 
a page-replacement basis; if filed electronically, it should be filed 
on a full replacement basis. See Guidance for Electronic Submissions to 
the Commission at http://www.nrc.gov/site-help/eie.html.
    (2) A paper update filed on a page-replacement basis must include a 
list that identifies the current pages of the FSAR following page 
replacement. If the update is filed electronically on a full 
replacement basis, it must include a list of changed pages.
* * * * *

PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS

0
158. The authority citation for part 73 is revised to read as follows:

    Authority: Secs. 53, 161, 68 Stat. 930, 948, as amended, sec. 
147, 94 Stat. 780 (42 U.S.C. 2073, 2167, 2201); sec. 201, as 
amended, 204, 88 Stat. 1242, as amended, 1245, sec. 1701, 106 Stat. 
2951, 2952, 2953 (42 U.S.C. 5841, 5844, 2297f); sec. 1704, 112 Stat. 
2750 (44 U.S.C. 3504 note).
    Section 73.1 also issued under secs. 135, 141, Pub. L. 97-425, 
96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 73.37(f) also 
issued under sec. 301, Pub. L. 96-295, 94 Stat. 789 (42 U.S.C. 5841 
note). Section 73.57 is issued under sec. 606, Pub. L. 99-399, 100 
Stat. 876 (42 U.S.C. 2169).


0
159. Section 73.4 is revised to read as follows:


Sec.  73.4  Communications.

    Except where otherwise specified, all communications and reports 
concerning the regulations in this part and applications filed under 
them should be sent as follows:
    (a) By mail addressed to: ATTN: Document Control Desk, Director, 
Office of Nuclear Reactor Regulation, Director, Office of Nuclear 
Material Safety and Safeguards, or Director, Division of

[[Page 58820]]

Nuclear Security, Office of Nuclear Security and Incident Response, as 
appropriate, U.S Nuclear Regulatory Commission, Washington, DC 20555-
0001;
    (b) By hand delivery to the NRC's offices at 11555 Rockville Pike, 
Rockville, Maryland;
    (c) Where practicable, by electronic submission, for example, 
Electronic Information Exchange, or CD-ROM. Electronic submissions must 
be made in a manner that enables the NRC to receive, read, 
authenticate, distribute, and archive the submission, and process and 
retrieve it a single page at a time. Detailed guidance on making 
electronic submissions can be obtained by visiting the NRC's Web site 
at http://www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by 
e-mail to [email protected], or by writing the Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. The guidance discusses, among other topics, the formats the 
NRC can accept, the use of electronic signatures, and the treatment of 
nonpublic information.
    (d) Classified communications shall be transmitted to the NRC 
Headquarters' classified mailing address as specified in appendix A to 
part 73 of this chapter or delivered by hand in accordance with this 
paragraph.

0
160. In Sec.  73.57, paragraphs (a)(2), and (a)(3), the first and 
second sentences of paragraph (d)(1), the second and fourth sentences 
of paragraph (d)(2), the second and third sentences of paragraph 
(d)(3), and paragraphs (d)(4) and (f)(5) are revised to read as 
follows:


Sec.  73.57  Requirements for criminal history checks of individuals 
granted unescorted access to a nuclear power facility or access to 
Safeguards Information by power reactor licensees.

    (a) * * *
    (2) Each applicant for a license to operate a nuclear power reactor 
under part 50 of this chapter shall submit fingerprints for those 
individuals who have or will have access to Safeguards Information.
    (3) Prior to receiving its operating license, each applicant for a 
license to operate a nuclear power reactor pursuant to part 50 of this 
chapter may submit fingerprints for those individuals who will require 
unescorted access to the nuclear power facility.
* * * * *
    (d) * * *
    (1) For the purpose of complying with this section, licensees 
shall, using an appropriate method listed in Sec.  73.4, submit to the 
NRC's Division of Facilities and Security, Mail Stop T-6E46, one 
completed, legible standard fingerprint card (Form FD-258, 
ORIMDNRCOOOZ) or, where practicable, other fingerprint record for each 
individual requiring unescorted access to the nuclear power facility or 
access to Safeguards Information, to the Director of the NRC's Division 
of Facilities and Security, marked for the attention of the Division's 
Criminal History Check Section. Copies of these forms may be obtained 
by writing the Office of the Chief Information Officer, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, by calling (301) 415-
5877, or by e-mail to [email protected]. Guidance on what alternative 
formats might be practicable is referenced in Sec.  73.4. * * *
    (2) * * * Any Form FD-258 or other fingerprint record containing 
omissions or evident errors will be returned to the licensee for 
corrections. * * * The one free resubmission must have the FBI 
Transaction Control Number reflected on the resubmission. * * *
    (3) * * * Licensees shall submit payment with the application for 
the processing of fingerprints through corporate check, certified 
check, cashier's check, money order, or electronic payment, made 
payable to ``U.S. NRC'' (for guidance on making electronic payments, 
contact the Security Branch, Division of Facilities and Security, at 
(301) 415-7404). The amount of the fee is the user fee for processing 
fingerprints submitted by the Nuclear Regulatory Commission on behalf 
of nuclear power plants charged by the FBI for each fingerprint card or 
other fingerprint record. * * *
    (4) The Commission will forward to the submitting licensee all data 
received from the FBI as a result of the licensee's application(s) for 
criminal history checks, to include the FBI fingerprint record.
* * * * *
    (f) * * *
    (5) The licensee shall retain all fingerprint and criminal history 
records received from the FBI, or a copy if the individual's file has 
been transferred, on an individual (including data indicating no 
record) for 1 year after termination or denial of unescorted access to 
the nuclear power facility or access to Safeguards Information.

0
161. In Sec.  73.72, paragraphs (a)(1), (a)(4), and (a)(5) are revised 
to read as follows:


Sec.  73.72  Requirement for advance notice of shipment of formula 
quantities of strategic special nuclear material, special nuclear 
material of moderate strategic significance, or irradiated reactor 
fuel.

    (a) * * *
    (1) Notify in writing the Director, Division of Nuclear Security, 
Office of Nuclear Security and Incident Response, using any appropriate 
method listed in Sec.  73.4. Classified notifications shall be sent to 
the NRC headquarters classified mailing address listed in appendix A to 
this part.
* * * * *
    (4) The NRC Headquarters Operations Center shall be notified by 
telephone at least 2 days before commencement of the shipment at the 
phone numbers listed in appendix A to this part. Classified 
notifications shall be made by secure telephone.
    (5) The NRC Headquarters Operations Center shall be notified by 
telephone of schedule changes greater than +/- 6 hours at the numbers 
listed in appendix A to this part. Classified notifications shall be 
made by secure telephone.
* * * * *

0
162. In Sec.  73.73, paragraphs (a)(1) and (b) are revised to read as 
follows:


Sec.  73.73  Requirement for advance notice and protection of export 
shipments of special nuclear material of low strategic significance.

    (a) * * *
    (1) Notify in writing the Director, Division of Nuclear Security, 
Office of Nuclear Security and Incident Response, using any appropriate 
method listed in Sec.  73.4;
* * * * *
    (b) A licensee who needs to amend a written advance notification 
required by paragraph (a) of this section may notify the NRC 
Headquarters Operations Center by telephone at the numbers listed in 
appendix A to this part.

0
163. In Sec.  73.74, paragraphs (a)(1) and (b) are revised to read as 
follows:


Sec.  73.74  Requirement for advance notice and protection of import 
shipments of nuclear material from countries that are not party to the 
Convention on the Physical Protection of Nuclear Material.

    (a) * * *
    (1) Notify in writing the Director, Division of Nuclear Security, 
Office of Nuclear Security and Incident Response, using any appropriate 
method listed in Sec.  73.4;
* * * * *
    (b) A licensee who needs to amend a written advance notification 
required by paragraph (a) of this section may notify the NRC 
Headquarters Operations Center by telephone at the numbers listed in 
appendix A to this part.
* * * * *

0
164. Appendix A to part 73 is revised to read as follows:

Appendix A to Part 73--U.S. Nuclear Regulatory Commission Offices and 
Classified Mailing Addresses

[[Page 58821]]



----------------------------------------------------------------------------------------------------------------
                                               Address            Telephone (24 hour)             E-Mail
----------------------------------------------------------------------------------------------------------------
NRC Headquarters Operations Center     USNRC, Division of       (301) 816-5100, (301)    [email protected]
                                        Incident Response        951-0550, (301) 816-
                                        Operations,              5151 (fax).
                                        Washington, DC 20555-
                                        0001.
Region I: Connecticut, Delaware,       USNRC, Region I, 475     (610) 337-5000, (800)    RidsRgn1Mail
 District of Columbia, Maine,           Allendale Road, King     432-1156, TDD: (301)     [email protected]
 Maryland, Massachusetts, New           of Prussia, PA 19406-    415-5575.
 Hampshire, New Jersey, New York,       1415.
 Pennsylvania, Rhode Island, and
 Vermont
Region II: Alabama, Florida, Georgia,  USNRC, Region II, Sam    (404) 562-4400, (800)    RidsRgn2Mail
 Kentucky, Mississippi, North           Nunn Atlanta Federal     877-8510, TDD: (301)     [email protected]
 Carolina, Puerto Rico, South           Center, Suite 23T85,     415-5575.
 Carolina, Tennessee, Virginia,         61 Forsyth Street, SW,
 Virgin Islands, and West Virginia      Atlanta, GA 30303-8931.
Region III: Illinois, Indiana, Iowa,   USNRC, Region III, 801   (630) 829-9500, (800)    RidsRgn3Mail
 Michigan, Minnesota, Missouri, Ohio    Warrenville Road,        522-3025, TDD: (301)     [email protected]
 and Wisconsin                          Lisle, IL 60532-4351.    415-5575.
Region IV: Alaska, Arizona, Arkansas,  USNRC, Region IV, 611    (817) 860-8100, (800)    RidsRgn4Mail
 California, Colorado, Hawaii, Idaho,   Ryan Plaza Drive,        952-9677, TDD: (301)     [email protected]
 Kansas, Louisiana, Montana,            Suite 400, Arlington,    415-5575.
 Nebraska, Nevada, New Mexico, North    TX 76011-4005.
 Dakota, Oklahoma, Oregon, South
 Dakota, Texas, Utah, Washington,
 Wyoming, and the U.S. territories
 and possessions in the Pacific
----------------------------------------------------------------------------------------------------------------


                      Classified Mailing Addresses
------------------------------------------------------------------------
                                                           Address
------------------------------------------------------------------------
NRC Headquarters..................................  U.S. NRC, Caller Box
                                                     2500, Rockville, MD
                                                     20852.
Region I..........................................  U.S. NRC, 475
                                                     Allendale Road,
                                                     King of Prussia, PA
                                                     19406.
Region II.........................................  U.S. NRC, Region II,
                                                     P.O. Box 2257,
                                                     Atlanta, GA 30303
Region III........................................  U.S. NRC, Region
                                                     III, 801
                                                     Warrenville Road,
                                                     Lisle, IL 60532-
                                                     4351.
Region IV.........................................  U.S. NRC, Region IV,
                                                     611 Ryan Plaza
                                                     Drive, Suite 4000,
                                                     Arlington, TX
                                                     76011.
------------------------------------------------------------------------

    I. Classified mail shall be transmitted in accordance with Sec.  
95.39 of this chapter to the appropriate NRC classified mailing 
address listed in this appendix.
    II. Classified documents may be hand delivered to the NRC to the 
appropriate NRC street address listed in this appendix. Hand 
delivered classified documents shall be transmitted in accordance 
with Sec.  95.39 of this chapter.

PART 74--MATERIAL CONTROL AND ACCOUNTING OF SPECIAL NUCLEAR 
MATERIAL

0
165. The authority citation for part 74 is revised to read as follows:

    Authority: Secs. 53, 57, 161, 182, 183, 68 Stat. 930, 932, 948, 
953, 954, as amended, sec. 234, 83 Stat. 444, as amended, sec. 1701, 
106 Stat. 2951, 2952, 2953 (42 U.S.C. 2073, 2077, 2201, 2232, 2233, 
2282, 2297f); secs. 201, as amended, 202, 206, 88 Stat. 1242, as 
amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); sec. 1704, 112 
Stat. 2750 (44 U.S.C. 3504 note).


0
166. In Sec.  74.6, paragraphs (a) and (b) are revised and paragraph 
(c) is added to read as follows:


Sec.  74.6  Communications.

* * * * *
    (a) By mail addressed to: ATTN: Document Control Desk, Director of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.
    (b) By hand delivery to the NRC's offices at 11555 Rockville Pike, 
Rockville, Maryland.
    (c) Where practicable, by electronic submission, for example, via 
Electronic Information Exchange, or CD-ROM. Electronic submissions must 
be made in a manner that enables the NRC to receive, read, 
authenticate, distribute, and archive the submission, and process and 
retrieve it a single page at a time. Detailed guidance on making 
electronic submissions can be obtained by visiting the NRC's Web site 
at http://www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by 
e-mail to [email protected], or by writing the Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. The guidance discusses, among other topics, the formats the 
NRC can accept, the use of electronic signatures, and the treatment of 
nonpublic information.

0
167. In Sec.  74.15, the third sentence in paragraph (a) is revised to 
read as follows:


Sec.  74.15  Nuclear material transfer reports.

    (a) * * * Copies of these instructions (NUREG/BR-0006 and NMMSS 
Report D-24 ``Personal Computer Data Input for NRC Licensees'') may be 
obtained either by writing the U.S. Nuclear Regulatory Commission, 
Division of Fuel Cycle Safety and Safeguards, Washington, DC 20555-
0001, by e-mail to [email protected], or by calling (301) 415-7213. 
* * *
* * * * *

0
168. In Sec.  74.17, the last sentences of paragraphs (a) and (b) are 
revised to read as follows:


Sec.  74.17  Special nuclear material physical inventory summary 
report.

    (a) * * * Using an appropriate method listed in Sec.  74.6, the 
licensee shall report the inventory results by plant and total facility 
to the Director of the NRC's Office of Nuclear Material Safety and 
Safeguards.

[[Page 58822]]

    (b) * * * Using an appropriate method listed in Sec.  74.6, the 
licensee shall report the inventory results by plant and total facility 
to the Director of the NRC's Office of Nuclear Material Safety and 
Safeguards.
* * * * *

0
169. In Sec.  74.59, paragraph (f)(1)(iii) is revised to read as 
follows:


Sec.  74.59  Quality assurance and accounting requirements.

* * * * *
    (f) * * *
    (1) * * *
    (iii) Investigate and report, by an appropriate method listed in 
Sec.  74.6, to the Director, Office of Nuclear Material Safety and 
Safeguards, any difference that exceeds three times the standard 
deviation determined from the sequential analysis;
* * * * *

PART 75--SAFEGUARDS ON NUCLEAR MATERIAL--IMPLEMENTATION OF US/IAEA 
AGREEMENT

0
170. The authority citation for part 75 is revised to read as follows:

    Authority: Secs. 53, 63, 103, 104, 122, 161, 68 Stat. 930, 932, 
936, 937, 939, 948, as amended (42 U.S.C. 2073, 2093, 2133, 2134, 
2152, 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); 
sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
    Section 75.4 also issued under secs. 135, 141, Pub. L. 97-425, 
96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).


0
171. In Sec.  75.6, paragraph (c) is revised to read as follows:


Sec.  75.6  Maintenance of records and delivery of information, 
reports, and other communications.

* * * * *
    (c) Except where otherwise specified, all communications and 
reports concerning the regulations in this part and applications filed 
under them should be sent by mail addressed: ATTN: Document Control 
Desk; Director, Office of Nuclear Reactor Regulation (or Director, 
Nuclear Materials Safety and Safeguards, as appropriate), U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001; by hand delivery to 
the NRC's offices at 11555 Rockville Pike, Rockville, Maryland; or, 
where practicable, by electronic submission, for example, via 
Electronic Information Exchange, or CD-ROM. Electronic submissions must 
be made in a manner that enables the NRC to receive, read, 
authenticate, distribute, and archive the submission, and process and 
retrieve it a single page at a time. Detailed guidance on making 
electronic submissions can be obtained by visiting the NRC's Web site 
at http://www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by 
e-mail to [email protected], or by writing the Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. The guidance discusses, among other topics, the formats the 
NRC can accept, the use of electronic signatures, and the treatment of 
nonpublic information.
* * * * *

PART 76--CERTIFICATION OF GASEOUS DIFFUSION PLANTS

0
172. The authority citation for part 76 is revised to read as follows:

    Authority: Sec. 161, 68 Stat. 948, as amended, secs. 1312, 1701, 
as amended, 106 Stat. 2932, 2951, 2952, 2953, 110 Stat. 1321-349 (42 
U.S.C. 2201, 2297b-11, 2297f); secs. 201, as amended, 204, 206, 88 
Stat. 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846). Sec. 
234(a), 83 Stat. 444, as amended by Pub. L. 104-134, 110 Stat. 1321, 
1321-349 (42 U.S.C. 2243(a)); sec. 1704, 112 Stat. 2750 (44 U.S.C. 
3504 note).
    Section 76.7 also issued under Pub. L. 95-601. sec. 10, 92 Stat 
2951 (42 U.S.C. 5851). Section 76.22 is also issued under 
sec.193(f), as amended, 104 Stat. 2835, as amended by Pub. L. 104-
134, 110 Stat. 1321, 1321-349 (42 U.S.C. 2243(f)). Section 76.35(j) 
also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152).


0
173. Section 76.5 is revised to read as follows:


Sec.  76.5  Communications.

    Except where otherwise specified, all communications and reports 
concerning the regulations in this part and applications filed under 
them should be sent as follows:
    (a) By mail addressed to: ATTN: Document Control Desk, Director, 
Division of Nuclear Security, Office of Nuclear Security and Incident 
Response, U.S Nuclear Regulatory Commission, Washington, DC 20555-0001;
    (b) By hand delivery to the NRC's offices at 11555 Rockville Pike, 
Rockville, Maryland; or
    (c) Where practicable, by electronic submission, for example, 
Electronic Information Exchange, or CD-ROM. Electronic submissions must 
be made in a manner that enables the NRC to receive, read, 
authenticate, distribute, and archive the submission, and process and 
retrieve it a single page at a time. Detailed guidance on making 
electronic submissions can be obtained by visiting the NRC's Web site 
at http://www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by 
e-mail to [email protected], or by writing the Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. The guidance discusses, among other topics, the formats the 
NRC can accept, the use of electronic signatures, and the treatment of 
nonpublic information.
    (d) Classified communications shall be transmitted in accordance 
with Sec.  95.39 of this chapter to the NRC Headquarters' classified 
mailing address listed in appendix A to part 73 of this chapter or 
delivered by hand in accordance with Sec.  95.39 of this chapter to the 
NRC Headquarters' street address listed in appendix A to part 73 of 
this chapter.

0
174. In Sec.  76.7, paragraph (e)(3) is revised to read as follows:


Sec.  76.7  Employee protection.

* * * * *
    (e) * * *
    (3) Copies of NRC Form 3 may be obtained by writing to the NRC 
Region III Office listed in appendix D to part 20 of this chapter, by 
calling (301) 415-5877, via e-mail to [email protected], or by accessing 
the NRC Website at http://www.nrc.gov and selecting forms from the 
index found on the home page.
* * * * *

0
175. In Sec.  76.33, paragraph (a)(1) is revised to read as follows:


Sec.  76.33  Application procedures.

    (a) * * *
    (1) An application for a certificate of compliance must be tendered 
by filing the application with the Director of the NRC's Office of 
Nuclear Material Safety and Safeguards, with copies sent to the NRC 
Region III Office and appropriate resident inspector, in accordance 
with Sec.  76.5. If the application is to be submitted electronically, 
see Guidance for Electronic Submission to the Commission at http://www.nrc.gov/site-help/eie.html.
* * * * *

0
176. In Sec.  76.120, the third sentence of the introductory text of 
paragraph (d)(2) is revised to read as follows:


Sec.  76.120  Reporting requirements.

* * * * *
    (d) * * *
    (2) * * * These written reports must be sent to the NRC by an 
appropriate method listed in Sec.  76.5. * * *
* * * * *

PART 81--STANDARD SPECIFICATIONS FOR THE GRANTING OF PATENT 
LICENSES

0
177. The authority citation for part 81 is revised to read as follows:


[[Page 58823]]


    Authority: Sec. 156, 161, 68 Stat. 947, 948, as amended (42 
U.S.C. 2186, 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 
5841); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).

0
178. Section 81.3 is revised to read as follows:


Sec.  81.3  Communications.

    All communications concerning the regulations in this part, 
including applications for licenses, should be sent to the NRC either 
by mail addressed to the U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; by hand delivery to the NRC's offices at 
11555 Rockville Pike, Rockville, Maryland; or, where practicable, by 
electronic submission, for example, via Electronic Information 
Exchange, or CD-ROM. Electronic submissions must be made in a manner 
that enables the NRC to receive, read, authenticate, distribute, and 
archive the submission, and process and retrieve it a single page at a 
time. Detailed guidance on making electronic submissions can be 
obtained by visiting the NRC's Web site at http://www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by e-mail to [email protected], or 
by writing the Office of the Chief Information Officer, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001. The guidance 
discusses, among other topics, the formats the NRC can accept, the use 
of electronic signatures, and the treatment of nonpublic information.

PART 95--FACILITY SECURITY CLEARANCE AND SAFEGUARDING OF NATIONAL 
SECURITY INFORMATION AND RESTRICTED DATA

0
179. The authority citation for part 95 is revised to read as follows:

    Authority: Secs. 145, 161, 193, 68 Stat. 942, 948, as amended 
(42 U.S.C. 2165, 2201); sec. 201, 88 Stat. 1242, as amended (42 
U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); E.O. 
10865, as amended, 3 CFR 1959-1963 Comp., p. 398 (50 U.S.C. 401, 
note); E.O. 12829, 3 CFR, 1993 Comp., p. 570; E.O. 12958, as 
amended, 3 CFR, 1995 Comp., p. 333; E.O. 12968, 3 CFR, 1995 Comp., 
p. 391.


0
180. Section 95.9 is revised to read as follows:


Sec.  95.9  Communications.

    Except where otherwise specified, all communications and reports 
concerning the regulations in this part should be submitted as follows:
    (a) By mail addressed to: ATTN: Document Control Desk, Director, 
Division of Nuclear Security, Office of Nuclear Security and Incident 
Response, U.S Nuclear Regulatory Commission, Washington, DC 20555-0001;
    (b) By hand delivery to the NRC's offices at 11555 Rockville Pike, 
Rockville, Maryland; or
    (c) Where practicable, by electronic submission, for example, 
Electronic Information Exchange, or CD-ROM. Electronic submissions must 
be made in a manner that enables the NRC to receive, read, 
authenticate, distribute, and archive the submission, and process and 
retrieve it a single page at a time. Detailed guidance on making 
electronic submissions can be obtained by visiting the NRC's Web site 
at http://www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by 
e-mail to [email protected], or by writing the Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. The guidance discusses, among other topics, the formats the 
NRC can accept, the use of electronic signatures, and the treatment of 
nonpublic information.
    (d) Classified communications shall be transmitted in accordance 
with Sec.  95.39 of this chapter to the NRC Headquarters' classified 
mailing address listed in appendix A to part 73 of this chapter or 
delivered by hand in accordance with Sec.  95.39 of this chapter to the 
NRC Headquarters' street address listed in appendix A to part 73 of 
this chapter.

0
181. In Sec.  95.19, the second sentence of the introductory text of 
paragraph (a) is revised to read as follows:


Sec.  95.19  Changes to security practices and procedures.

    (a) * * * A written description of the proposed change must be 
furnished to the CSA and the NRC Regional Administrator of the 
cognizant Regional Office listed in appendix A to part 73 of this 
chapter, and, if the NRC is not the CSA, also to the Director, Division 
of Nuclear Security, Office of Nuclear Security and Incident Response; 
the communications to NRC personnel should be by an appropriate method 
listed in Sec.  95.9. * * *
* * * * *

0
182. In Sec.  95.45, the second sentence of paragraph (a) is revised to 
read as follows:


Sec.  95.45  Changes in classification.

    (a) * * * Requests for downgrading or declassifying any NRC 
classified information should be forwarded to the NRC's Division of 
Nuclear Security, Nuclear Security and Incident Response, using an 
appropriate method listed in Sec.  95.9. * * *
* * * * *

PART 100--REACTOR SITE CRITERIA

0
183. The authority citation for part 100 is revised to read as follows:

    Authority: Secs. 103, 104, 161, 182, 68 Stat. 936, 937, 948, 
953, as amended (42 U.S.C. 2133, 2134, 2201, 2232); sec. 201, as 
amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 
5842); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).


0
184. Section 100.4 is revised to read as follows:


Sec.  100.4  Communications.

    Except where otherwise specified, all communications and reports 
concerning the regulations in this part and applications filed under 
them should be sent by mail addressed to: ATTN: Document Control Desk, 
Director, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001; by hand delivery to the NRC's 
offices at 11555 Rockville Pike, Rockville, Maryland; or, where 
practicable, by electronic submission, for example, via Electronic 
Information Exchange, or CD-ROM. Electronic submissions must be made in 
a manner that enables the NRC to receive, read, authenticate, 
distribute, and archive the submission, and process and retrieve it a 
single page at a time. Detailed guidance on making electronic 
submissions can be obtained by visiting the NRC's Web site at http://www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by e-mail to 
[email protected], or by writing the Office of the Chief Information Officer, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The 
guidance discusses, among other topics, the formats the NRC can accept, 
the use of electronic signatures, and the treatment of nonpublic 
information. Copies should be sent to the appropriate Regional Office 
and Resident Inspector.

PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL

0
185. The authority citation for part 110 is revised to read as follows:

    Authority: Secs. 51, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104, 
109, 111, 126, 127, 128, 129, 161, 181, 182, 183, 187, 189, 68 Stat. 
929, 930, 931, 932, 933, 936, 937, 948, 953, 954, 955, 956, as 
amended (42 U.S.C. 2071, 2073, 2074, 2077, 2092-2095, 2111, 2112, 
2133, 2134, 2139, 2139a, 2141, 2154-2158, 2201, 2231-2233, 2237, 
2239); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); sec. 5, 
Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243); sec. 1704, 112 
Stat. 2750 (44 U.S.C. 3504 note).
    Sections 110.1(b)(2) and 110.1(b)(3) also issued under Pub. L. 
96-92, 93 Stat. 710 (22 U.S.C. 2403). Section 110.11 also issued

[[Page 58824]]

under sec. 122, 68 Stat. 939 (42 U.S.C. 2152) and secs. 54c and 57d, 
88 Stat. 473, 475 (42 U.S.C. 2074). Section 110.27 also issued under 
sec. 309(a), Pub. L. 99-440. Section 110.50(b)(3) also issued under 
sec. 123, 92 Stat. 142 (42 U.S.C. 2153). Section 110.51 also issued 
under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 
110.52 also issued under sec. 186, 68 Stat. 955 (42 U.S.C. 2236). 
Sections 110.80-110.113 also issued under 5 U.S.C. 552, 554. 
Sections 110.130-110.135 also issued under 5 U.S.C. 553. Sections 
110.2 and 110.42(a)(9) also issued under sec. 903, Pub. L. 102-496 
(42 U.S.C. 2151 et seq.).


0
186. Section 110.4 is revised to read as follows:


Sec.  110.4  Communications.

    Except where otherwise specified in this part, all communications 
and reports concerning the regulations in this part should be addressed 
to the Deputy Director of the NRC's Office of International Programs, 
either by telephone to (301) 415-2344; by mail to the U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001; by hand delivery to 
the NRC's offices at 11555 Rockville Pike, Rockville, Maryland; or, 
where practicable, by electronic submission, for example, via 
Electronic Information Exchange, or CD-ROM. Electronic submissions must 
be made in a manner that enables the NRC to receive, read, 
authenticate, distribute, and archive the submission, and process and 
retrieve it a single page at a time. Detailed guidance on making 
electronic submissions can be obtained by visiting the NRC's Web site 
at http://www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by 
e-mail to [email protected], or by writing the Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. The guidance discusses, among other topics, the formats the 
NRC can accept, the use of electronic signatures, and the treatment of 
nonpublic information.

0
187. In Sec.  110.31, paragraph (a) is revised to read as follows:


Sec.  110.31  Application for a specific license.

    (a) A person shall file an application for a specific license to 
export or import with the Deputy Director of the NRC's Office of 
International Programs, using an appropriate method listed in Sec.  
110.4.
* * * * *

0
188. In Sec.  110.131, paragraph (a) is revised to read as follows:


Sec.  110.131  Petition for rulemaking.

    (a) A petition for rulemaking should be addressed to the Secretary 
of the Commission, for the attention of the Secretary's Rulemakings and 
Adjudications Staff. The petition should be sent using an appropriate 
method listed in Sec.  110.4.
* * * * *

PART 140--FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY 
AGREEMENTS

0
189. The authority citation for part 140 is revised to read as follows:

    Authority: Secs. 161, 170, 68 Stat. 948, 71 Stat. 576, as 
amended (42 U.S.C. 2201, 2210); secs. 201, as amended, 202, 88 Stat. 
1242, as amended, 1244 (42 U.S.C. 5841, 5842); sec. 1704, 112 Stat. 
2750 (44 U.S.C. 3504 note).


0
190. Sec.  140.5 is revised to read as follows:


Sec.  140.5  Communications.

    Except where otherwise specified, all communications and reports 
concerning the regulations in this part and applications filed under 
them should be sent by mail addressed to: ATTN: Document Control Desk, 
Director, Office of Nuclear Reactor Regulation (or Director, Office of 
Nuclear Material Safety and Safeguards, as appropriate), U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001; by hand delivery to 
the NRC's offices at 11555 Rockville Pike, Rockville, Maryland; or, 
where practicable, by electronic submission, for example, via 
Electronic Information Exchange, or CD-ROM. Electronic submissions must 
be made in a manner that enables the NRC to receive, read, 
authenticate, distribute, and archive the submission, and process and 
retrieve it a single page at a time. Detailed guidance on making 
electronic submissions can be obtained by visiting the NRC's Web site 
at http://www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by 
e-mail to [email protected], or by writing the Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. The guidance discusses, among other topics, the formats the 
NRC can accept, the use of electronic signatures, and the treatment of 
nonpublic information.

0
191. In Sec.  140.6, the first sentence of paragraph (a) is revised to 
read as follows:


Sec.  140.6  Reports.

    (a) In the event of bodily injury or property damage arising out of 
or in connection with the possession or use of the radioactive material 
at the location or in the course of transportation, or in the event any 
claim is made therefor, written notice containing particulars 
sufficient to identify the licensee and reasonably obtainable 
information with respect to the time, place, and circumstances thereof, 
or to the nature of the claim, shall be furnished by or for the 
licensee to the Director of the Office of Nuclear Reactor Regulation, 
or the Director of the Office of Nuclear Material Safety and 
Safeguards, as appropriate, using an appropriate method listed in Sec.  
140.5, but in any case as promptly as practicable. * * *
* * * * *

PART 150--EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN 
AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274

0
192. The authority citation for part 150 is revised to read as follows:

    Authority: Sec. 161, 68 Stat. 948, as amended, sec. 274, 73 
Stat. 688 (42 U.S.C. 2201, 2021); sec. 201, 88 Stat. 1242, as 
amended (42 U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 
note).
    Sections 150.3, 150.15, 150.15a, 150.31, 150.32 also issued 
under secs. 11e(2), 81, 68 Stat. 923, 935, as amended, secs. 83, 84, 
92 Stat. 3033, 3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114). Section 
150.14 also issued under sec. 53, 68 Stat. 930, as amended (42 
U.S.C. 2073). Section 150.15 also issued under secs. 135, 141, Pub. 
L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 
150.17a also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). 
Section 150.30 also issued under sec. 234, 83 Stat. 444 (42 U.S.C. 
2282).


0
193. Section 150.4 is revised to read as follows:


Sec.  150.4  Communications.

    Except where otherwise specified in this part, all communications 
and reports concerning the regulations in this part should be sent by 
mail addressed: ATTN: Document Control Desk, Director, Office of 
Nuclear Material Safety and Safeguards, and sent either by mail to the 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand 
delivery to the NRC's offices at 11555 Rockville Pike, Rockville, 
Maryland; or, where practicable, by electronic submission, for example, 
via Electronic Information Exchange, or CD-ROM. Electronic submissions 
must be made in a manner that enables the NRC to receive, read, 
authenticate, distribute, and archive the submission, and process and 
retrieve it a single page at a time. Detailed guidance on making 
electronic submissions can be obtained by visiting the NRC's Web site 
at http://www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by 
e-mail to [email protected], or by writing the Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. The guidance discusses, among other topics,

[[Page 58825]]

the formats the NRC can accept, the use of electronic signatures, and 
the treatment of nonpublic information.

0
194. In Sec.  150.16, the fourth sentence of paragraph (a) and 
paragraph (b)(2) are revised to read as follows:


Sec.  150.16  Submission to Commission of nuclear material transfer 
reports.

    (a) * * * Copies of these instructions may be obtained either by 
writing the U.S. Nuclear Regulatory Commission, Division of Fuel Cycle 
Safety and Safeguards, Washington, DC 20555-0001, by e-mail to 
[email protected], or by calling (301) 415-7213. * * *
    (b) * * *
    (2) Within 15 days, the licensee shall follow the initial report 
with a written report that sets forth the details of the incident. The 
report must be sent by an appropriate method listed in Sec.  150.4 of 
this part to the Director of the NRC's Office of Nuclear Material 
Safety and Safeguards, with a copy to the appropriate NRC Regional 
Office, shown in appendix A to part 73 of this chapter.
* * * * *

0
195. In Sec.  150.17, the second sentence of paragraph (a), the last 
sentence of paragraph (b), and paragraph (c) are revised to read as 
follows:


Sec.  150.17  Submission to Commission of source material transfer 
reports.

    (a) * * * Copies of the instructions may be obtained either by 
writing the U.S. Nuclear Regulatory Commission, Division of Nuclear 
Security, Office of Nuclear Security and Incident Response, Washington, 
DC 20555-0001, by e-mail to [email protected], or by calling (301) 
415-6828. * * *
    (b) * * * Copies of the reporting instructions may be obtained by 
writing the U.S. Nuclear Regulatory Commission, Division of Nuclear 
Security, Office of Nuclear Security and Incident Response, Washington, 
DC 20555-0001, by e-mail to [email protected], or by calling (301) 
415-6828.
    (c)(1) Except as specified in paragraph (d) of this section, each 
licensee who is authorized to possess uranium or thorium pursuant to a 
specific license shall notify the NRC Headquarters Operations Center by 
telephone, at the numbers listed in appendix A to part 73 of this 
chapter, of any incident in which an attempt has been made or is 
believed to have been made to commit a theft or unlawful diversion of 
more than 6.8 kilograms (kg) [15 pounds] of such material at any one 
time or more than 68 kg [150 pounds] of such material in any one 
calendar year.
    (2) The licensee shall notify the NRC as soon as possible, but 
within 4 hours, of discovery of any incident in which an attempt has 
been made or is believed to have been made to commit a theft or 
unlawful diversion of such material.
    (3) The initial notification shall be followed within a period of 
sixty (60) days by a written followup notification submitted in 
accordance with Sec.  150.4. A copy of the written followup 
notification shall also be sent to the appropriate NRC Regional Office 
as shown in appendix A to part 73 of this chapter and to Director, 
Division of Nuclear Security, Office of Nuclear Security and Incident 
Response, U.S. Nuclear Regulatory Commission.
    (4) Subsequent to the submission of the written followup 
notification required by this paragraph, the licensee shall promptly 
update the written followup notification, in accordance with this 
paragraph, with any substantive additional information, which becomes 
available to the licensee, concerning an attempted or apparent theft or 
unlawful diversion of source material.
* * * * *

0
196. In Sec.  150.19, the second and third sentences of paragraph (c) 
are revised to read as follows:


Sec.  150.19  Submission to Commission of tritium reports.

* * * * *
    (c) * * * The initial report must be followed within a period of 
fifteen days by a written report that sets forth the details of the 
incident and its consequences. The report must be submitted to the 
Director, Office of Nuclear Material Safety and Safeguards, using an 
appropriate method listed in Sec.  150.4, with a copy to the 
appropriate NRC Regional Office as shown in appendix A to part 73 of 
this chapter. * * *
* * * * *

0
197. In Sec.  150.20, the first sentence of the introductory text of 
paragraph (b)(1) and paragraph (b)(1)(iii) are revised to read as 
follows:


Sec.  150.20  Recognition of Agreement State licenses.

* * * * *
    (b) * * *
    (1) Shall, at least 3 days before engaging in each activity for the 
first time in a calendar year, file a submittal containing an NRC Form 
241, ``Report of Proposed Activities in Non-Agreement States,'' a copy 
of its Agreement State specific license, and the appropriate fee as 
prescribed in Sec.  170.31 of this chapter with the Regional 
Administrator of the U.S. Nuclear Regulatory Commission Regional Office 
listed on the NRC Form 241 and in appendix D to part 20 of this chapter 
for the Region in which the Agreement State that issued the license is 
located. * * *
* * * * *
    (iii) Within 3 days after the notification, files an NRC Form 241, 
a copy of the Agreement State license, and the fee payment.
* * * * *

PART 170--FEES FOR FACILITIES, MATERIALS, IMPORT AND EXPORT 
LICENSES AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT 
OF 1954, AS AMENDED

0
198. The authority citation for part 170 is revised to read as follows:

    Authority: sec. 9701, Pub. L. 97-258, 96 Stat. 1051 (31 U.S.C. 
9701); sec. 301, Pub. L. 92-314, 86 Stat. 227 (42 U.S.C. 2201w); 
sec. 201, Pub. L. 93-438, 88 Stat. 1242, as amended (42 U.S.C. 
5841); sec. 205a, Pub. L. 101-576, 104 Stat. 2842, as amended (31 
U.S.C. 901, 902); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).


0
199. Section 170.5 is revised to read as follows:


Sec.  170.5  Communications.

    All communications concerning the regulations in this part should 
be addressed to the NRC's Chief Financial Officer, either by mail to 
the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by 
hand delivery to the NRC's offices at 11555 Rockville Pike, Rockville, 
Maryland; or, where practicable, by electronic submission, for example, 
via Electronic Information Exchange, or CD-ROM. Electronic submissions 
must be made in a manner that enables the NRC to receive, read, 
authenticate, distribute, and archive the submission, and process and 
retrieve it a single page at a time. Detailed guidance on making 
electronic submissions can be obtained by visiting the NRC's Web site 
at http://www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by 
e-mail to [email protected], or by writing the Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. The guidance discusses, among other topics, the formats the 
NRC can accept, the use of electronic signatures, and the treatment of 
nonpublic information.

[[Page 58826]]

PART 171--ANNUAL FEES FOR REACTOR LICENSES AND FUEL CYCLE LICENSES 
AND MATERIALS LICENSES, INCLUDING HOLDERS OF CERTIFICATES OF 
COMPLIANCE, REGISTRATIONS, AND QUALITY ASSURANCE PROGRAM APPROVALS 
AND GOVERNMENT AGENCIES LICENSED BY THE NRC

0
200. The authority citation for part 171 is revised to read as follows:

    Authority: Sec. 7601, Pub. L. 99-272, 100 Stat. 146, as amended 
by sec. 5601, Pub. L. 100-203, 101 Stat. 1330, as amended by sec. 
3201, Pub. L. 101-239, 103 Stat. 2132, as amended by sec. 6101, Pub. 
L. 101-508, 104 Stat. 1388, as amended by sec. 2903a, Pub. L. 102-
486, 106 Stat. 3125 (42 U.S.C. 2213, 2214); sec. 301, Pub. L. 92-
314, 86 Stat. 227 (42 U.S.C. 2201w); sec. 201, Pub. L. 93-438, 88 
Stat. 1242, as amended (42 U.S.C. 5841); sec. 1704, 112 Stat. 2750 
(44 U.S.C. 3504 note).

0
201. Section 171.9 is revised to read as follows:


Sec.  171.9  Communications.

    All communications concerning the regulations in this part should 
be addressed to the NRC's Chief Financial Officer, either by mail to 
the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by 
hand delivery to the NRC's offices at 11555 Rockville Pike, Rockville, 
Maryland; or, where practicable, by electronic submission, for example, 
via Electronic Information Exchange, or CD-ROM. Electronic submissions 
must be made in a manner that enables the NRC to receive, read, 
authenticate, distribute, and archive the submission, and process and 
retrieve it a single page at a time. Detailed guidance on making 
electronic submissions can be obtained by visiting the NRC's Web site 
at http://www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by 
e-mail to [email protected], or by writing the Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. The guidance discusses, among other topics, the formats the 
NRC can accept, the use of electronic signatures, and the treatment of 
nonpublic information.

    Dated at Rockville, Maryland, this 30th day of September, 2003.

    For the Nuclear Regulatory Commission.
Annette Vietti-Cook,
Secretary of the Commission.

    Note: This appendix will not appear in the Code of Federal 
Regulations.

Appendix A--United States Nuclear Regulatory Commission (NRC) Guidance 
for Electronic Submissions to the Commission

Index

1.0 Introduction
    1.1 Background
    1.2 Scope
    1.3 Applicable Transactions
    1.3.1 Exceptions to Electronic Submission
    1.3.2 Electronic Forms and Payments
    1.3.3 Submissions Requiring Oath or Affirmation
    1.3.4 10 CFR Part 2 Submissions
    1.3.5 Freedom of Information Act and Privacy Act Requests
2.0 Parameters for Electronic Files Submitted to the NRC
    2.1 File Formats
    2.2 Naming Conventions
    2.3 File Size Limitations
    2.4 Security/Access Settings
    2.5 Resolution
    2.6 Settings for Creating PDF Formatted Text and Graphic Files
    2.7 Use of Color
    2.8 Files with Special Printing Requirements
    2.9 File Linkages
    2.10 Viruses
    2.11 Macros
    2.12 Copyrighted information
    2.13 Copies
    2.14 Segmentation of Large Documents
    2.15 Sensitive or Non-Public Documents
3.0 Guidance for EIE Submissions
    3.1 Who Can Participate
    3.2 What Can Be Submitted
    3.3 How to Register
    3.4 What is Needed to Participate
    3.5 How to Obtain a Digital Signature Certificate
    3.6 How to Obtain Software Plug-ins
    3.7 How to Submit Documents
    3.8 Where to Submit Documents
    3.9 Sensitive or Non-Public Documents
    3.10 Additional User Assistance (references and contact 
information)
4.0 Guidance for CD-ROM Submissions
    4.1 Who Can Participate
    4.2 What Can be Submitted
    4.3 How to Submit CD-ROMs to the NRC
    4.3.1 Sensitive or Non-Public Documents
    4.3.2 Oath or Affirmation
    4.3.3 Living Documents
    4.3.4 CD-ROM File Format
    4.3.5 Packaging/Labeling
    4.3.6 Copies
    4.3.7 Rejection of Submissions
    4.4 Where to Submit the CD-ROMs
    4.5 Additional User Assistance (references and contact 
information)
5.0 E-mail Submissions
    5.1 Who Can Participate
    5.2 What Can be Submitted
    5.3 Rejection of Submissions
    5.4 How to Send E-mail
    5.5 Where to Submit E-mail
6.0 Facsimile Submissions
    6.1 Who Can Participate
    6.2 What Can be Submitted
    6.3 How to Send Facsimiles (Faxes)
    6.4 Where to Submit Facsimiles (Faxes)
    6.5 Facsimile Locations and User Assistance
7.0 Additional Resources
    7.1 User Assistance
    7.2 References

1.0 Introduction

1.1 Background

    On October 10, 2003, the Nuclear Regulatory Commission (NRC) 
promulgated a final rule on electronic submission of information to 
the agency. This rule modified many NRC regulations to explicitly 
authorize electronic communications with the agency. The final rule 
stated that the NRC would issue specific guidance on acceptable 
procedures for electronic submissions. That guidance is contained in 
this document. This guidance document is the controlling source of 
information on electronic submissions to the NRC and supersedes NRC 
Regulatory Issue Summary 2001-05, Guidance on Submitting Documents 
to the NRC by Electronic Information Exchange or on CD-ROM, and the 
August 10, 2001, letter issued to certain fuel cycle facilities 
extending to them the option of electronic submissions in many 
instances. The NRC plans to update this guidance periodically to 
reflect changes in technology and agency experience by posting the 
latest version of the document on NRC's Web site at http://www.nrc.gov. While the Commission encourages the submission of 
electronic documents, submission of paper documents remains 
acceptable.

1.2 Scope

    This guidance document governs the electronic submission of 
documents to the NRC. It includes the required procedures for 
corresponding electronically with the NRC via the Internet using 
Electronic Information Exchange (EIE), by CD-ROM, or by e-mail. It 
also includes procedures for corresponding by facsimile (fax). It 
does not address outgoing NRC communications.
    NRC's Electronic Information Exchange (EIE) allows NRC to 
exchange information related to official agency business with its 
customers and other Federal agencies across the Internet. The EIE 
system uses a public key infrastructure and digital signaturing 
technology to authenticate documents and validate the identity of 
the person submitting the information. That is, the system ensures 
that the exchanged information is secure and that the person 
submitting the material is, in fact, who is indicated. It requires 
the use of digital signatures and certain software plug-ins. 
Procedures for acquiring a digital signature for communicating with 
the NRC via EIE can be found at Section 3.5, and procedures for 
acquiring the required software can be found at Section 3.6.
    The NRC has enhanced its EIE system capabilities with a robust 
engine for facilitating the transmission process. The NRC encourages 
its user community to use EIE and evaluate its enhanced 
capabilities.

1.3 Applicable Transactions

    Documents or other information submitted under oath or 
affirmation, or other documents where secure transfer is either 
required or appropriate, should be submitted over the Internet using 
EIE or submitted on CD-ROM. While e-mail and facsimiles are not 
appropriate for most submissions

[[Page 58827]]

required by NRC regulations, they may be used for certain other 
correspondence and communications with the NRC, such as rulemaking 
petitions and comments on rulemaking proceedings, communications 
with States and other Federal agencies, requests for enforcement 
actions under 10 CFR 2.206, and Freedom of Information Act (FOIA) 
requests and appeals, but not for information covered under the 
Privacy Act.
    E-mail may be addressed to either specific individuals named as 
contacts in Federal Register Notices or other agency communications, 
or to the office specified in the regulation or communication 
specific to the document(s) being submitted; to addresses the NRC 
Web site provides for individual program offices or specific agency 
functions or services; or to the Office of Public Affairs. 
Individual program offices may be contacted through the NRC Web site 
at http://www.nrc.gov by selecting specific contact pages from 
``Contact Us'' on the home page. The Office of Public Affairs may be 
reached through the ``Contact Us'' on the home page or at 
[email protected] (use upper case where indicated). The sender will not 
receive an e-mail confirmation of receipt of the submission except 
for those communications using EIE.

1.3.1 Exceptions to Electronic Submission

    A. All communications with the NRC may be submitted 
electronically via the Internet using Electronic Information 
Exchange except for the following:
    1. Classified Information (i.e., National Security Information 
and Restricted Data), and Safeguards Information. This information 
may only be submitted electronically on CD-ROM.
    2. ``Immediate'' or ``prompt'' notifications to the NRC that NRC 
regulations require be made by telephone or telefax up to one week 
before or after an event (e.g., 10 CFR 30.50 or 30.55(c)).
    3. Notice of filing of bankruptcy petition, whether voluntary or 
involuntary (e.g., 10 CFR 30.34(h)(1)).
    4. Hearing requests, and documents pertaining to hearings or 
associated appeals, including, but not limited to, those associated 
with hearings conducted under 10 CFR parts 2, 4, 10, 12, 13, 14, 16, 
19, 25, 76, 81, 110, 140, and 150. Separate rules or guidance 
addressing procedures for electronic communications in hearings will 
be issued in the future for public comment. (Nothing in this 
guidance document precludes presiding officers from their current 
practice of authorizing electronic communications on a case-by-case 
basis.)
    5. Documents served on the NRC as a participant in Federal Court 
proceedings or in non-NRC administrative proceedings (such as 
administrative proceedings before the Merit Systems Protection 
Board, unless electronic submission is authorized by rule or order 
issued by a Federal Court or Agency).
    6. NRC contractor proposals or invoices submitted in response to 
specific contractual requirements. (Because Federal Acquisition 
Regulation guidance as contained in Section 30 of the Office of 
Federal Procurement Policy Act [41 U.S.C. 426] allows the Federal 
Government to use electronic commerce whenever practical, guidance 
for electronic submittal of proposals and invoices will be addressed 
in individual procurements. Further guidance for submission of these 
documents will be issued at a later date.)
    7. Financial assurance instruments to meet decommissioning cost 
requirements and prescribed by regulation at 10 CFR 30.35(e) and 
(f); 10 CFR 40.36(d) and (e); and 10 CFR 70.25(e) and (f) (including 
surety bonds, letters of credit, lines of credit, and insurance).
    8. Documents with special printing requirements. (See section 
2.8). This information may only be submitted electronically on CD-
ROM.
    9. Segmented documents or files larger than 50 megabytes (MB). 
(See section 2.14.) This information may only be submitted 
electronically on CD-ROM.
    B. All communications with the NRC may be submitted 
electronically on CD-ROM except for the following:
    1. ``Immediate'' or ``prompt'' notifications to the NRC that NRC 
regulations require be made by telephone or telefax up to one week 
before or after an event (e.g., 10 CFR 30.50 or 30.55(c)).
    2. Notice of filing of bankruptcy petition, whether voluntary or 
involuntary (e.g., 10 CFR 30.34(h)(1)).
    3. Hearing requests, and documents pertaining to hearings or 
associated appeals, including, but not limited to, those associated 
with hearings conducted under 10 CFR parts 2, 4, 10, 12, 13, 14, 16, 
19, 25, 76, 81, 110, 140, and 150. Separate rules or guidance 
addressing procedures for electronic communications in hearings will 
be issued in the future for public comment. (Nothing in this 
guidance document precludes presiding officers from their current 
practice of authorizing electronic communications on a case-by-case 
basis.)
    4. Documents served on the NRC as a participant in Federal Court 
proceedings or in non-NRC administrative proceedings (such as 
administrative proceedings before the Merit Systems Protection 
Board, unless electronic submission is authorized by rule or order 
issued by a Federal Court or Agency).
    5. NRC contractor proposals or invoices submitted in response to 
specific contractual requirements. (Because Federal Acquisition 
Regulation guidance as contained in section 30 of the Office of 
Federal Procurement Policy Act [41 U.S.C. 426] allows the Federal 
Government to use electronic commerce whenever practical, guidance 
for electronic submittal of proposals and invoices will be addressed 
in individual procurements. Further guidance for submission of these 
documents will be issued at a later date.)
    6. Financial assurance instruments to meet decommissioning cost 
requirements and prescribed by regulation at 10 CFR 30.35(e) and 
(f); 10 CFR 40.36(d) and (e); and 10 CFR 70.25(e) and (f) (including 
surety bonds, letters of credit, lines of credit, and insurance).

1.3.2 Electronic Forms and Payments

    Each for m referred to in the NRC regulations can be found on 
the NRC Web site at http://www.nrc.gov in PDF format for viewing and 
printing by selecting ``Forms'' from the index found on the home 
page and selecting the specific form required.
    Financial payments required by regulations can be submitted 
electronically. Copies of NRC Form 628 to establish financial 
authorization electronically can be found at the NRC Web site at 
http://www.nrc.gov by selecting ``Forms'' from the index found on 
the home page. Payments by credit card of civil penalties, part 171 
annual fees, part 170 licensing and inspection fees, and other fees, 
may be done by completing the authorization form included with the 
invoice or civil penalty. A copy of the form may be printed from the 
NRC Web site at http://www.nrc.gov by selecting ``Forms'' from the 
index found on the home page and selecting ``NRC Form 629, 
Authorization for Payment by Credit Card.''

1.3.3 Submissions Requiring Oath or Affirmation

    Submissions requiring oath or affirmation may be submitted 
electronically using EIE or on CD-ROM. (See sections 3.7 and 4.3.2 
of this guidance document.) These include the following:
    1. Documents that by statute must be submitted under oath or 
affirmation (e.g., pursuant to section 182 of the Atomic Energy Act 
of 1954, as amended, 42 U.S.C. 2232). Generally, oath or affirmation 
requirements apply to applications for a license, amendments to a 
license, some licensee responses to Notices of Violation (NOV), and 
certain letters of transmittal. NRC's regulations in 10 CFR parts 2 
and 50 implement these statutory requirements; certain regulations 
require an oath or affirmation for submission of documents (see, 
e.g., 10 CFR 50.54(f) and 10 CFR 50.30(b)).
    2. Documents that must be sent by certified mail (e.g., 10 CFR 
part 30, appendix A II. C. 2).

1.3.4 10 CFR Part 2 Submissions

    Rulemaking petitions, comments filed in rulemaking proceedings 
(10 CFR part 2, subpart H), and requests for enforcement action 
under 10 CFR 2.206 may be submitted via EIE, CD-ROM, or e-mail. 
Other documents submitted pursuant to 10 CFR part 2, subpart B, 
``Procedure for Imposing Requirements By Order, or for Modification, 
Suspension, or Revocation of a License, or for Imposing Civil 
Penalties,'' may be submitted via EIE or CD-ROM. Submission of all 
other documents covered under part 2 are excluded from the scope of 
this guidance document. Separate rules or guidance addressing 
procedures for electronic communications in hearings will be issued 
in the future for public comment.

1.3.5 Freedom of Information Act and Privacy Act Requests

    All Freedom of Information Act (FOIA) and Privacy Act requests 
and appeals may be submitted electronically by EIE, CD-ROM, 
facsimile, or e-mail. However, e-mail requests may not reveal 
personal privacy information.

2.0 Parameters for Electronic Files Submitted to the NRC

    Unless otherwise noted, all electronic documents submitted to 
the NRC, including all enclosures or attachments that are

[[Page 58828]]

documents, should meet the file format specifications delineated in 
this section. Note: any electronic file that can be converted to PDF 
format (spreadsheets, slide presentations, etc.) Is considered a 
document by the NRC and is subject to these specifications.
    Submittals may also contain other forms of electronic 
information including data files, computer models, and video or 
audio clips that are not considered documents. These files are not 
required to conform to the file format specifications established 
for documents.

2.1 File Formats

    Electronic materials should be submitted in PDF or otherwise 
meet the specifications delineated in this section.
    The following table defines the particular PDF output file 
formats and their use when submitting electronic documents to the 
NRC:

                                        Preferred PDF Output File Format
----------------------------------------------------------------------------------------------------------------
             File format                        Version            Filename extension        Recommended use
----------------------------------------------------------------------------------------------------------------
Adobe[reg] Acrobat Portable Document   Current or 2 previous...  pdf...................  Textual documents
 Format (PDF) Formatted Text and                                                          converted from native
 Graphics (Formerly known as PDF                                                          applications only
 Normal). Options should be set                                                           *,**.
 according to the settings described
 in Section 2.6.
Adobe[reg] Acrobat PDF Searchable      Current or 2 previous...  pdf...................  Textual documents
 Image (Exact) [formerly known as PDF                                                     converted from scanned
 Original Image with Hidden Text].                                                        documents.
 Options should be set according to
 the settings described in Section
 2.6.
Adobe[reg] Acrobat PDF Image Only.     Current or 2 previous...  pdf...................  Preferred format for
 Options should be set according to                                                       graphic-, image-, and
 the settings described in Section                                                        forms-oriented
 2.6.                                                                                     documents (not for
                                                                                          capture of text).
----------------------------------------------------------------------------------------------------------------
\*\ Textual documents scanned from original paper copies converted to PDF Formatted Text and Graphics result in
  capture of only a text file that contains OCR conversion errors. This inaccurate representation of the
  original document is not acceptable for capture by the NRC as an archival record. If the native format of a
  document is not available for creating a PDF file, the NRC recommends that Searchable Image (Exact) PDF be
  generated from a scanned image of the document. This will create a PDF file that contains a 100% accurate
  representation of the original document which will be acceptable for transfer to the National Archives.
\**\ Adobe[reg] PDF Formatted Text and Graphics files that contain embedded images of text will not be accepted.
  These files are usually a result of cutting and pasting images of text, instead of the text itself, from one
  document to another while creating documents using word processing applications. This practice results in a
  picture of the text being created that is not full text searchable. However, images of text that are intended
  as a graphical representation only and are not meant to convey the information contained in the text will be
  accepted.


    Note: Adobe has recently established a fourth PDF output file 
format (PDF Searchable Image (Compact)) that uses compression 
techniques to reduce file sizes of images. This is not an acceptable 
format for submission to the NRC because it uses lossy compression 
techniques that do not result in a true and accurate representation 
of the original document.

    Images originally created in a Tagged Image File Format (TIFF) 
that are primarily graphic-oriented in nature may be converted to 
PDF for submission to NRC using the PDF Image Only format as 
described above.
    The NRC recommends that the results of spreadsheet applications 
be converted to one of the acceptable PDF file formats. The NRC 
staff may also require spreadsheet data to perform additional 
calculations/analyses. Spreadsheet data may be submitted using the 
following acceptable formats.

----------------------------------------------------------------------------------------------------------------
             File format                       Version             Filename EXTENSION         Preferred Use
----------------------------------------------------------------------------------------------------------------
Microsoft[reg] Excel.................  Current or 2 previous..  xls....................  Spreadsheet
                                                                                          calculations.
Corel[reg] QuattroPro................  Current or 2 previous..  wb3....................  Spreadsheet
                                                                                          calculations.
Lotus[reg] 1-2-3.....................  Current or 2 previous..  wk3/wk4................  Spreadsheet
                                                                                          calculations.
----------------------------------------------------------------------------------------------------------------

    When submitting an electronic file using one of the acceptable 
formats, do not change the default, three-character extension for 
the file (e.g., a document prepared as ``license--amendment.pdf'' 
should be submitted with the ``.pdf'' file extension and a document 
prepared as a Microsoft Excel spreadsheet should be submitted with 
the ``.xls'' file extension).

2.2 Naming Conventions

    Documents submitted to the NRC must:
    [sbull] Conform to ISO 9660 format, including following the 
Joliet Extension.
    [sbull] Have filenames that are limited to 49 characters 
(including the ``.'' and the three-character filename extension).
    [sbull] Retain the default three-character file extension 
associated with the format in which the document was created 
(Example: for files created to conform to Adobe's Portable Document 
Format, ``.pdf''; for files created using Microsoft Excel, 
``.xls'').
    [sbull] Include a three-digit numeric prefix (e.g., 001, 002, 
003) in the filename that designates the correct order of the files 
contained in the submission, followed by the name of the file 
(Example: ``001filename of first document.pdf'').
    [sbull] Filenames should be based on the logical breakpoint used 
for segmentation of the document (e.g., chapter, section, etc.) as 
described in Section 2.14.

                        File Naming Example Table
------------------------------------------------------------------------
             Document title                         File name
------------------------------------------------------------------------
                         Multiple File Documents
------------------------------------------------------------------------
Chapter 1, Section 1 Estimate of Long-   001--1.1 Estimate of Long-Term
 Term Geo-chemical Behavior.              Geochem Behavior.pdf.
Chapter 2, Section 2 Estimate of Long-   002--2.2 Estimate of Long-Term
 Term Geo-chemical Behavior.              Geochem Behavior.pdf.
Appendix A Estimate of Long-Term Geo-    003--Ap A Estimate--Long-Term
 chemical Behavior.                       Geochem Behavior.pdf.
----------------------------------------

[[Page 58829]]

 
                          Single File Documents
------------------------------------------------------------------------
Attachment II, CAL-EBS-NU-000017 Rev     001--Att 2 CAL-EBS-NU-00017
 003 Calculation, Radiolytic Specie       R003.pdf.
 Generation from Internal Waste Package
 Criticality.
List and Schedule for Model Validation   001--List--Sched for MVRs
 Reports related to Criticality.          related to Criticality.pdf.
------------------------------------------------------------------------

2.3 File Size Limitations

    Large-size files create challenges for both the NRC staff and 
the public when viewing or downloading the documents. Therefore, the 
NRC requests that submitters make every effort to limit the size of 
each file to 50MB. If a document exceeds 50MB, it should be created 
using logical breaks in the document (e.g., file broken up into 
individual chapters--see section 2.14).
    Additionally, small-size files are problematic as well. Large 
volumes of files require significant resources to capture and 
profile in electronic document management systems. Therefore, the 
NRC encourages submitters to combine files that are components of 
larger documents to create 50MB files that can be more economically 
and efficiently managed.
    The maximum size of a document submittal to the NRC depends on 
the method of transmission. For example, submitters may use EIE to 
submit PDF files and/or accepted spreadsheet files (see section 3.2) 
that do not exceed 50MB, including all attachments. Submitters 
should use the CD-ROM transmission method in all other cases unless 
e-mail or facsimile is an appropriate option. (See sections 5.2 and 
6.2.) The use of compression techniques (zipped files, downsized 
files, etc.) is not allowed for electronic files submitted to the 
NRC because they use lossy compression techniques that do not result 
in a true and accurate representation of the original document. The 
table below summarizes the size limitations based on the method of 
file transmission:

------------------------------------------------------------------------
         Method of transmission                  Size limitations
------------------------------------------------------------------------
Electronic Information Exchange (EIE)..  Less than or equal to 50MB*.
CD-ROM.................................  50MB or less per individual
                                          file on CD **, * * *
E-mail.................................  Less than or equal to 10MB +.
------------------------------------------------------------------------
* Total, combined size of message and attachments comprised of PDF
  file(s) and accepted spreadsheet format file(s). Note: Oversize
  drawings and other files with special printing requirements (Section
  2.8), regardless of the file size, should be provided on CD-ROM.
** The total CD capacity may be used but submitters are urged to limit
  individual files to 50MB or less.
* * * In some cases a single page document or object (e.g., oversize
  color drawing) may exceed the 50MB file size limit. Submission of
  oversize files (in excess of the 50MB limit) are allowed in these
  instances.

2.4 Security/Access Settings

    Submissions should not contain any security settings, password 
protections, or any other attributes that will preclude full NRC 
access to and use of the files. NRC's internal security and archival 
processes will maintain the integrity of the materials that are 
submitted.

2.5 Resolution

    To comply with NARA Standards, PDF documents should be created 
using the following resolution guidelines:
    [sbull] Bi-tonal (black and white) PDF resolution, not less than 
300 dots per inch (dpi)
    [sbull] Color PDF resolution, not less than 300 dpi
    [sbull] Grayscale PDF resolution, not less than 300 dpi
    Adobe[reg] Acrobat ``downsampling'' (an optimization option 
available in Adobe Acrobat) may result in images with resolutions 
less than acceptable for submission to the NRC. Therefore, its use 
is not recommended.

2.6 Settings for Creating PDF Formatted Text and Graphic Files

    Adobe[reg] Acrobat 5.0 provides four default optimizations when 
creating PDFs. These are eBook, Press, Print, and Screen. The NRC 
has reviewed these optimizations and has established a custom 
optimization that strikes a balance between print and screen 
optimizations. This custom optimization provides adequate retrieval 
response time for viewing online while providing sufficient clarity 
and resolution for printing. The settings established for this 
custom optimization are listed below and should be used on all 
submittals to the NRC. The settings are specific to Adobe[reg] 
Acrobat 5.0. However, when PDF creation software other than 
Adobe[reg] Acrobat 5.0 is used, the PDF creation software should be 
configured with values equivalent to those listed below. All fonts 
should be embedded in the PDF file to ensure compliance with NARA 
guidelines.

                                Settings
------------------------------------------------------------------------
                                              Recommendation Optimal on
                  Options                                5.0
------------------------------------------------------------------------
General Options:
    Compatibility.........................  5.0
    Optimize for Fast Web.................  X
    Embed Thumbnails
    Auto-Rotate
    Binding...............................  Left
    Resolution (dpi)......................  300
Compression:
    Color Images..........................  Bicubic Downsampling (NOT
                                             SELECTED)
        For images above..................  300 dpi
        Compression.......................  Zip
        Quality...........................  8-bit
    Grayscale.............................  Bicubic Downsampling (NOT
                                             SELECTED)
        For images above..................  300 dpi
        Compression.......................  Zip
        Quality...........................  8-bit

[[Page 58830]]

 
    Monochrome............................  Bicubic Downsampling (NOT
                                             SELECTED)
        For images above..................  450 dpi
        Compression.......................  CCITT--Group 4
    Anti-Alias to Gray....................  Not Selected
    Compress Text & Line Art..............  Selected
Font:
    Embed All Fonts 1.....................  X
    Subset embedded fonts when percent of
     characters used is less than 100%
    When Embedding Fails..................  Warn & Continue
Color:
    Setting File..........................  None
    Color Management Policy...............  Tag Everything for Color
                                             Management
    Intent................................  Default
    Gray..................................  None
    RGB...................................  SRGB IEC61966-2.1
    CMYK..................................  U.S. Web Coated (SWOP)v2
    Preserve Overprint Settings...........  X
    Preserve Under Color Removal..........  X
    Transfer Function.....................  Preserve
    Preserve Halftone
Advanced Options:
    Prologue.ps & Epilogue.ps
    Allow PS to Override Job Options......  X
    Preserve Level 2 Semantics............  X
    Save Job Ticket.......................  X
    Illustrator Mode......................  X
    Gradients to Smooth Shades............  X
    ASCII Format
    Process DSC Comments..................  X
    Log DSC Warnings
    Resize for EPS........................  X
    Preserve EPS Info.....................  X
    OPI Comments..........................  X
    Preserve Doc Info from DSC............  X
------------------------------------------------------------------------
1 You must check the license(s) for any font(s) you intend to embed, to
  verify that embedding is allowed. In some cases, the program will warn
  you if a font is not licensed for embedding, but this varies by
  vendor. Fonts must be embedded to comply with NARA guidelines.

2.7 Use of Color

    The NRC discourages the use of color because it significantly 
increases file size. If the use of color adds no value to the 
understanding of the information presented, its use should be 
avoided. If color is required to make the document understandable, 
its limited use is acceptable. Examples of color documents that meet 
this criteria are graphs, bar-charts, and engineering drawings that 
depend exclusively on the differences in color to understand the 
information and data being presented.

2.8 Files With Special Printing Requirements

    Documents that contain electronic files with special printing 
requirements, such as requiring the use of a plotter or other 
special equipment to print, oversize drawings or graphics that 
require a paper size larger than 11 inches by 17 inches, or other 
enhancements such as 3D images, etc., may only be submitted 
electronically via CD-ROM as separate files. If special software 
components (e.g., printer drivers) are necessary, include those 
components, their configuration parameters, and any hardware 
configuration requirements on the same CD-ROM.

2.9 File Linkages

    Files containing objects (e.g., pictures, tables, spreadsheets, 
and images of text) using link protocols such as Object Linking and 
Embedding (OLE), Dynamic Data Exchange (DDE), or any other object 
linking between electronic files are not practicable for the NRC to 
accept because the relationships among links in multiple file 
submissions are lost when captured in ADAMS or other agency 
electronic recordkeeping systems. However, links within a single 
electronic PDF file are acceptable.

2.10 Viruses

    Files received by the NRC will be checked for viruses prior to 
acceptance. Any submission identified as having a virus will be 
rejected and returned to the submitter with an explanation of why 
the submittal was rejected.

2.11 Macros

    Macros in files such as Microsoft[reg] Excel are sometimes 
detected as viruses. Therefore, the use of macros should be limited 
because a file identified as having a virus will be rejected and 
returned to the submitter with an explanation of why the submittal 
was rejected.

2.12 Copyrighted Information

    Submitting information electronically to the NRC shall be deemed 
to constitute authority for the NRC to place a copy of the 
information on its public document database and for the NRC to 
reproduce and distribute sufficient copies to carry out its official 
responsibilities. NRC use of the information specified herein does 
not constitute authority for others to use the information outside 
applicable requirements of copyright law.

2.13 Copies

    Licensees and vendors submitting documents via EIE do not need 
to send confirming hard copies of the electronic documents. In 
instances where the NRC requires a paper copy for accessibility or 
other reasons, it will make every effort to produce the copy using 
NRC resources. However, in those instances where the agency is 
unable to successfully generate an accurate paper copy from the 
electronic submittal, the NRC may require a paper copy from the 
submitter. This will be handled on a case-by-case basis.
    Many NRC regulations require submission of copies of documents 
to multiple NRC locations (e.g., Headquarters, Regional Offices, 
etc.). This practice continues for submissions that are made on CD-
ROM. However, only a single copy of the CD-ROM is required to be 
submitted to each location.

[[Page 58831]]

Submissions made via EIE do not require submission to multiple 
locations.

2.14 Segmentation of Large Documents

    Submitters should use the CD-ROM method of transmission (Section 
4.0) for documents with file sizes greater than 50MB. Divide the 
document into file segments of 50MB or less at logical breakpoints 
such as:
    a. Chapters.
    b. Sections.
    c. Subsections.
    d. Appendices.
    e. Exhibits or attachments.
    f. Charts, tables, or formulae.
    g. For large transcripts, the end of a witness' testimony or 
session recess.
    If the recommended file size cannot be achieved, consider moving 
the graphics (which are often large files) to an appendix or 
attachment. Any graphic or other large object that exceeds the 50MB 
limit and that cannot logically be divided should not be segmented.

    Note: Oversize drawings and other files with special printing 
requirements (Section 2.8), regardless of the file size, should be 
provided on CD-ROM.

    Additionally, small-size files are problematic as well. Large 
volumes of files require significant resources to capture and 
profile in electronic document management systems. Therefore, the 
NRC encourages submitters to combine files that are components of 
larger documents to create larger files that can be more 
economically and efficiently managed.
    When CD-ROMs are submitted, use electronic folders to organize 
the contents at the chapter level consistent with the file name 
guidance outlined in Section 2.2. The numeric portion of the file 
name should be sequential across all folders. This means:
    [sbull] Each chapter must have its own folder which should then 
contain all files associated with that Chapter, including sections, 
subsections, and graphics (either embedded within those sections/
subsections or provided separately).
    [sbull] The sections/subsections should be placed in logical 
sequential order within a folder.
    [sbull] Separate folders may be created for appendices, 
exhibits, or attachments. Each item should have the file name 
reflect the folder where it resides, if practical, in conjunction 
with complying with the file name guidance in Section 2.2.
    If multiple CD-ROMs are submitted, place the Table of Contents 
for the entire submission on each CD-ROM in a multi-set submission.

2.15 Sensitive or Non-Public Documents

    Documents containing information that is deemed sensitive 
unclassified, specifically Proprietary Information (e.g., trade 
secrets, privileged, or confidential commercial or financial 
information), personal privacy information, or other Official Use 
Only information, may be submitted electronically via EIE or on CD-
ROM. Documents containing Classified Information (i.e., National 
Security Information and Restricted Data) and Safeguards Information 
may be submitted electronically only on CD-ROM, but not via EIE or 
e-mail. (See sections 3.9 and 4.3.1.)

3.0 Guidance for EIE Submissions

3.1 Who Can Participate

    Applicants, licensees, external entities (including Federal, 
State, and local governments), vendors and members of the public who 
submit documents to the NRC may do so via EIE. The EIE is designed 
to ensure that electronic documents can be transmitted via the 
Internet in a secure and unalterable manner. Submittals such as 
those that are required to be submitted under oath or affirmation 
may be safely transmitted via EIE. Applicants, licensees, vendors, 
etc., must designate individuals who will have the responsibility 
for originating, signing, or sending documents to the NRC in 
compliance with regulatory requirements.

3.2 What Can Be Submitted

    Documents may be submitted via EIE except as noted in section 
1.3.1.A. and must qualify according to the following criteria:
    [sbull] The file format is PDF and/or an acceptable spreadsheet 
format--See Section 2.1, and
    [sbull] The entire submission is less than 50MB.

3.3 How To Register

    The NRC provides for overall administration of the EIE process 
through the designated Local Registration Authority (LRA). The LRA 
creates and maintains an Authorized Certificate List (ACL) 
consisting of authorized internal and external EIE participants. 
Each participant must send an ACL containing the name and e-mail 
addresses of individuals who will be submitting digitally signed 
documents to the NRC. The ACL must be sent to the NRC in a signed 
paper form to the following address: Local Registration Authority 
(T6 C30), Electronic Information Exchange, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.
    Upon receipt of the ACL, the NRC will e-mail to each individual 
named a unique personal identification number (PIN) to be used in 
applying for a digital certificate. Once received, the digital 
certificate will then enable individual users to digitally sign 
documents and submit them in a secure manner. The PIN number will be 
sent approximately 3 to 5 business days after receipt of the ACL. 
Participants may add or delete names from the ACL by written 
notification to the NRC using the above address. The LRA will use 
the ACL to validate authorized individuals requesting digital 
signature certificates. The LRA may be contacted via e-mail at 
[email protected].

3.4 What Is Needed To Participate

    Participating individuals in the EIE initiative may use their 
existing workstations with standard desktop configuration. The 
recommended workstation configuration requires a Pentium 133 MHZ (or 
higher) with a minimum of 32 MB of RAM, 20 MB of available disk 
space, and access to the World Wide Web (Web) through an Internet 
Service Provider (ISP). The operating system should be either 
Windows NT/2000 or Windows 95 (or higher). In addition, each 
workstation must be equipped with browser software, consisting of 
either Netscape Navigator or Communicator (version 4.6 or higher) or 
Microsoft Internet Explorer (version 5.0 or higher). Other browser 
types, such as AOL or Mosaic, are not currently supported for use in 
the EIE system.
    To utilize EIE, each individual must obtain a digital signature 
certificate (Digital ID) in order to digitally sign and submit the 
form used to transmit documents and to access the EIE external 
server to retrieve documents as needed. (See Section 3.5 of this 
guidance document.) Additionally, there is a software plug-in that 
must be downloaded and installed. Each process and step required to 
set up a computer or workstation to use EIE is described in the 
sections below. The processes and steps described are specific to 
both Netscape Navigator/Communicator 4.6 or higher and Microsoft 
Internet Explorer 5.0 or higher.

3.5 How To Obtain a Digital Signature Certificate

    To obtain a Digital ID, authorized participants must first 
complete and submit an enrollment form. VeriSign, Inc. acts as the 
NRC's Certificate Authority (CA) and provides the NRC with a Digital 
Certificate (ID) enrollment page on its Web site. The NRC provides 
VeriSign Onsite Digital Certificates (ID's) at no cost to 
participants. The steps for obtaining a Digital Certificate are 
provided on the EIE home page at http://www.nrc.gov/site-help/eie.html. After accessing the EIE home page, click on the ``Request/
Retrieve Certificate'' hyperlink and follow the step-by-step 
prompts.

3.6 How To Obtain Software Plug-ins

    To utilize the EIE system, users must download and install one 
software plug-in. The software plug-in can be obtained from the EIE 
home page on the NRC Web site at http://www.nrc.gov/site-help/eie.html. The specific plug-in required is the Internet Form Viewer, 
which is a required plug-in regardless of the browser used. To 
successfully download and install the plug-in, simply go to the EIE 
home page and click on the ``EIE Start Up'' hyperlink and follow the 
step-by-step procedures provided.

3.7 How To Submit Documents

    Documents eligible for submission to the NRC are restricted to 
specific formats. No documents with special attributes (e.g., 
documents with special printing requirements, such as requiring the 
use of a plotter or other special equipment to print, or other 
enhancements such as 3D images, etc.) will be accepted via EIE. The 
acceptable formats for electronic submission via EIE are listed in 
section 2.1 above. The submission of documents to the NRC using EIE 
will require the use of the NRC's EIE form. The EIE form is a 
document based on Extensible Mark-up Language (XML). It allows 
participants to sign, enclose, submit, and verify documents via the 
Internet. The document to be submitted or transmitted must be 
presented as an enclosure to the form. The form can be accessed by 
going to the NRC Web site at http://www.nrc.gov/site-help/eie.html. 
Once there, select either the

[[Page 58832]]

``Submit'' or ``Retrieve'' hyperlink to access the form.
    Once the form is displayed, users will need to fill in the 
fields on the form and attach the document(s) for submission to the 
NRC. Once the fields have been filled in and the intended documents 
are attached, the form must be digitally signed.
    Documents submitted electronically using EIE do not need to be 
digitally signed by the author(s). They may be digitally signed by 
the person who transmits them, but the author(s) are accountable for 
the content of the document(s) submitted. Generally, the persons who 
will digitally sign documents and transmit them electronically to 
the NRC are the same persons who currently dispatch licensing 
documents through the mail to the NRC. Licensees and vendors 
submitting documents via EIE do not need to send confirming hard 
copies of the electronic documents.
    NRC regulations require that some documents be filed under oath 
or affirmation. There are currently two acceptable methods for 
providing this oath using the EIE processes.
    1. Documents requiring oath or affirmation may use EIE to 
digitally sign the affirmation on the document. Using this process, 
the document must conclude with a statement to this effect: ``I 
declare under penalty of perjury that the foregoing is true and 
correct. Executed on [date]''.
    The electronic document must be digitally signed by the person 
affirming this statement. This person may then transmit the document 
directly to the NRC using EIE or may forward the document to someone 
else for transmission to the NRC. In the latter case, the 
transmitter must also sign the document to authorize the electronic 
transmission.
    Except as set forth below, multiple documents requiring 
individual digital signatures by different persons cannot be sent in 
a single EIE transmission. The current EIE process only allows two 
persons to digitally sign a single transmission. Therefore, the NRC 
recommends that the method described below in item 2 be used for 
submissions that require multiple oath and affirmations.

    Note: When digitally signing a document, the submitter is 
actually digitally signing the transmission form, not the document. 
Signing the form is the equivalent of signing the document.

    2. Oath or affirmation affidavits may also be created in hard 
copy and physically signed. The original paper copy may then be 
scanned to create a PDF Searchable Image (Exact) file of the 
original signature page. This page, with the rest of the PDF file of 
the entire attachment, may then be submitted via EIE.

    Note: Although there are other methods available to 
electronically sign documents using wordprocessing and other 
software, these are not currently acceptable for use in signing 
documents for submission to the NRC because they do not provide the 
levels of authentication, certification, and non-repudiation that 
are present in the EIE process.

    Documents transmitted to the NRC electronically using EIE will 
be time- and date-stamped when the last bit of the transmittal is 
received by the EIE server. The time and date of the transmission 
will become part of the record in the NRC's Agencywide Documents 
Access and Management System (ADAMS). The transmitter will be e-
mailed a notice of receipt of the document. The notice will include 
the time and date the transmission was received at the NRC.
    Submission of documents via EIE satisfies agency submittal 
requirements. The submitter need not send additional copies to NRC 
regions or other agency offices.
    For more detailed information and step-by-step procedures on how 
to submit documents to the NRC using EIE, see the ``EIE Submittal 
Procedures'' on NRC's Web site at http://www.nrc.gov/site-help/eie.html.

3.8 Where To Submit Documents

    Documents submitted using EIE are automatically sent to the NRC 
Document Processing Center for processing into ADAMS. No additional 
information is necessary, except for submissions intended for a 
Region. Submissions intended for the Regions should have the 
Region(s) listed in the comment box contained on the submission 
form.

3.9 Sensitive or Non-Public Documents

    Documents containing information that is deemed sensitive 
unclassified, specifically Proprietary Information (e.g. trade 
secrets, privileged, or confidential commercial or financial 
information), personal privacy information, or other Official Use 
Only information, may be submitted electronically via EIE. Documents 
containing Classified Information (i.e., National Security 
Information and Restricted Data) and Safeguards Information may not 
be submitted electronically via EIE.
    Submissions made via EIE that contain non-public information 
must be clearly marked with the appropriate designation (i.e., 
Proprietary Information, Privacy Act Information, or Official Use 
Only Information). When submitting documents via EIE that contain 
both publicly and non-publicly available files, all of the files 
should be clearly marked.

3.10 Additional User Assistance (References and Contact 
Information)

    Additional information, as well as detailed user guides can be 
obtained from NRC's Web site at http://www.nrc.gov/site-help/eie.html.
    Should you have any questions, please contact the Local 
Registration Authority (LRA) at 301-415-6030 or by e-mail at 
[email protected].

4.0 Guidance for CD-ROM Submissions

4.1 Who Can Participate

    This guidance is intended for licensees, applicants, external 
entities (including Federal, State, and Local governments), vendors, 
and members of the public who submit documents to the NRC.

4.2 What Can Be Submitted

    Documents may be submitted via CD-ROM except as noted in section 
1.3.1.B. above. As mentioned in Section 1, there are also documents 
that should only be submitted using CD-ROM, such as large documents 
exceeding 50MB and documents that contain special printing 
requirements. Documents containing Classified Information (i.e., 
National Security Information and Restricted Data) and Safeguards 
Information may only be submitted electronically on CD-ROM and not 
via EIE or e-mail.

4.3 How To Submit CD-ROMs to the NRC

    Each electronic submission made on CD-ROM must be transmitted by 
a signed letter in paper format (see transmittal letter example 
below). On the first page of the transmittal letter, submitters 
should include the following information, if applicable:
    [sbull] Organization or Individual Name/Address (Author).
    [sbull] Docket Number (050-00XXX, 030,XXXXX, 110,XXXXX).
    [sbull] Subject Line (a non-sensitive, brief, descriptive 
narrative of the subject of the submission that should include any 
relevant regulation upon which the submission is based).
    [sbull] Any requests for withholding from public disclosure in 
accordance with 10 CFR 2.790.
    On the last page of the transmittal letter, submitters should 
provide:
    [sbull] The name, mailing and e-mail addresses, and phone number 
of a contact person who can resolve discrepancies, if any, in 
document submissions.
    [sbull] A complete listing of the document components 
(electronic files and/or physical objects) that make up the 
submission. The components should be listed in the order in which 
they appear in the document. CD-ROM submissions that require 
multiple CD-ROMs to transmit all of the document components should 
indicate the total number of CD-ROMs included in the submission.
    Each of the listed components should indicate the following 
information:
    [sbull] The file name (as defined in Section 2.2, including file 
extension).
    [sbull] The size of the file.
    [sbull] Sensitivity level (e.g., publicly available, 
proprietary, classified, etc.).
    [sbull] A non-sensitive description of all non-document 
components (e.g., digital image, etc.) in the format illustrated by 
the example below.
    In addition, If there are any special instructions regarding the 
use of the CD-ROM (e.g., how to open the files, access the 
publication, etc.), include them as part of the transmittal letter.
    For electronic submissions via CD-ROMs that contain Classified 
Information (i.e., National Security Information and Restricted 
Data), sensitive unclassified information, or non-public documents, 
additional requirements apply as described in sections 4.3.1 and 
4.3.5.

Transmittal Letter Example

Author
United States Department of Energy
Office of the General Counsel
Hearing Division
Washington, DC 20585

September 18, 2005
[Docket WM-00011 (PRE)]

[[Page 58833]]

United States Nuclear Regulatory Commission
Atomic Safety and Licensing Board
Attn: Document Control Desk
11555 Rockville Pike
Rockville, MD 20852

Subject

    Enclosed is DOE's Response to Interrogatories Related to Quality 
Control Procedures.

Request to Withhold From Public Disclosure

    The file named ``004 Figure 371 Plan View Main Excavation.pdf'' 
contains business proprietary information and the USDOE requests 
that this file be withheld from public disclosure.

Contact

Name: Saranne Smith
Mailing Address: Hearing Division, US Department of Energy, 
Washington, DC 20585
E-Mail Address: [email protected]
Phone Number: 202-555-1111

Document Components:
    A total of two (2) CD-ROMs are included in this submission. The 
CD-ROM labeled ``DOE03-001 Evaluation Quality Control Parts 1, 2, 
and 3--Non-publicly Available'' contains the following four (4) 
files:

001 Evaluation Quality Control (1 of 3).pdf 48,321,678 bytes, 
publicly available
002 Evaluation Quality Control (2 of 3).pdf 47,421,178 bytes, 
publicly available
003 Evaluation Quality Control (3 of 3).pdf 49,223,167 bytes, 
publicly available
004 Figure 371 Plan View Main Excavation.pdf 101,175,297 bytes, 
proprietary

    The CD-ROM labeled ``DOE03-002 Evaluation Quality Control Parts 
1, 2, and 3--Publicly Available'' contains the following three (3) 
files:

001 Evaluation Quality Control (1 of 3).pdf 48,321,678 bytes, 
publicly available
002 Evaluation Quality Control (2 of 3).pdf 47,421,178 bytes, 
publicly available
003 Evaluation Quality Control (3 of 3).pdf 49,223,167 bytes, 
publicly available

Non-Document Description Example

Figure 371 Plan View Main Excavation

    This single page, over-sized engineering drawing is referenced 
in ``Evaluation Quality Control'' part 2 of 3. The drawing is done 
in 6 colors and is useful when printed using 24'' by 36'' paper 
stock or viewed on a large high resolution monitor using PDF reader 
software. It has been scanned at 300 dpi resolution and output in 
PDF 1.3 using the Image Only option. Figure 371 is one of four (4) 
files on the CD-ROM labeled ``DOE03-001 Evaluation Quality Control 
Parts 1, 2, and 3--Non-publicly Available'' and is located as the 
fourth file on the CD-ROM.
 Sincerely,
 J. Doe, Attorney for DOE
cc: Provide list of parties served

4.3.1 Sensitive or Non-Public Documents

    Documents containing information that is deemed sensitive 
unclassified, specifically Proprietary Information (e.g. trade 
secrets, privileged, or confidential commercial or financial 
information), personal privacy information, or other Official Use 
Only information, may be submitted electronically on CD-ROM. 
Documents containing Classified Information (i.e., National Security 
Information and Restricted Data) and Safeguards Information may also 
be submitted electronically on CD-ROM.
    Submissions made on CD-ROM must be accompanied by a transmittal 
letter (see section 4.3) that contains information regarding the 
sensitivity level of the transmitted documents. This letter should 
contain a listing of each file contained in the submission, with a 
description and the sensitivity for each file clearly marked.
    When submitting documents via CD-ROM that contain both publicly 
and non-publicly available files, all of the files should be 
included on a CD-ROM. In addition, a separate CD-ROM must be 
provided that contains only the publicly available files. Each CD-
ROM must be clearly labeled indicating its availability. Files 
contained on CD-ROMs labeled as ``Publicly Available'' will be 
released to the public.
    CD-ROMs containing Classified Information must be processed and 
produced on systems approved under the provisions of 10 CFR 95.49. 
Each CD-ROM must be clearly labeled as containing classified 
information.
    The mailing package containing CD-ROMs with documents containing 
Proprietary, personal privacy, or Official Use Only Information must 
be marked and transmitted in accordance with the requirements set 
forth in 10 CFR 2.790(b). Packages containing Safeguards Information 
must comply with the requirements of 10 CFR 73.21(e), 73.21(g), and 
73.21(h), as appropriate. CD-ROMs containing Classified Information 
(i.e., National Security Information or Restricted Data) must be 
packaged and submitted to the NRC in accordance with the 
requirements contained in 10 CFR 95.37, 95.39, and 95.41.

4.3.2 Oath or Affirmation

    NRC regulations require that some documents be filed under oath 
or affirmation. There are currently two acceptable methods for 
providing this oath if such a document is submitted on CD-ROM.
    1. Documents requiring oath or affirmation submitted on CD-ROM 
must include the following statement on either the transmittal 
letter or the first page of the document contained on the CD-ROM and 
must contain the signature of the person swearing to the accuracy of 
the information submitted: ``I declare under penalty of perjury that 
the foregoing is true and correct. Executed on [date]''.
    If the oath or affirmation is submitted on the transmittal 
letter, it must contain the original signature of the person 
swearing to the accuracy of the information. If submitted as part of 
the document contained on the CD-ROM, the page containing the 
signature must be provided as a scanned PDF Searchable Image (Exact) 
file along with the PDF version of the entire document being 
submitted.
    2. Oath or affirmation affidavits may also be created in hard 
copy and physically signed. The original paper copy may either be 
submitted along with the transmittal letter and CD-ROM, or can be 
scanned to create a PDF Searchable Image (Exact) file of the 
original signature page which may be submitted on the CD-ROM with 
the rest of the PDF file of the entire attachment. NOTE: The 
transmittal letter should indicate that a separate affidavit is 
being provided as part of the submittal package.

4.3.3 Living Documents

    Many large documents historically submitted to the NRC have been 
maintained as living documents and have used a page-replacement 
approach for update. Paper submissions can still use this approach 
for providing updates to living documents.
    In the electronic environment, this approach is not practicable. 
Consequently, if a submitter chooses to make electronic submission 
of these documents, all subsequent updates must be submitted as 
total replacements. The updated version must include a list of 
changed pages and each changed page must include both a change 
indicator for the area changed (for example, a bold line vertically 
drawn in the margin adjacent to the portion actually changed) and a 
page change identification including either the date of change, 
change number, or both.

4.3.4 CD-ROM File Format

    The acceptable file formats are stated in Section 2.1. However, 
for text-oriented documents, the preferred file formats are Portable 
Document Format (PDF) Formatted Text and Graphics and PDF Searchable 
Image (Exact). PDF Image Only is preferred for submission of 
graphic\image documents. PDF files should be scanned at the 
resolutions stated in Section 2.5 of this document.
    Large documents made up of multiple files, folders, etc., often 
require the inclusion of a search engine on the CD-ROM to facilitate 
navigation, search, and retrieval of the document. The inclusion of 
the search engine enables the user to access the material contained 
on the CD-ROM without having to rely on other software in the user's 
resident environment. The NRC encourages the inclusion of these 
search engines to facilitate the use of the materials in stand-alone 
mode. However, only those products that do not require the end-user 
to purchase a license to use the products are acceptable.

4.3.5 Packaging/Labeling

    When submitting documents that contain both publicly and non-
publicly available files, all of the files should be included on a 
CD-ROM. In addition, a separate CD-ROM must be provided that 
contains only the publicly available files. Each CD-ROM must be 
clearly labeled indicating its availability. CD-ROMs labeled as 
``Publicly Available'' will be released to the public (sent to the 
Public Document Room, where they are available for inspection and 
copying). The mailing package containing CD-ROMs with documents 
comprised of Proprietary, personal privacy, or Official Use Only 
Information must be marked and transmitted in accordance with the 
requirements set forth in 10 CFR 2.790(b). Packages containing 
Safeguards Information must comply with the requirements of 10 CFR 
73.21(e), 73.21(g), and 73.21(h), as appropriate. CD-ROMs

[[Page 58834]]

containing Classified Information (i.e., National Security 
Information or Restricted Data) must be packaged and submitted to 
the NRC in accordance with the requirements contained in 10 CFR 
95.37, 95.39, and 95.41.
    Subsequent to the events of September 11, 2001, much of the 
incoming mail addressed to the Federal government is irradiated 
prior to delivery. Irradiation of CD-ROMs containing electronic 
information may result in damage to the media and its contents. 
Therefore, packages containing CD-ROM submissions should be clearly 
marked ``CONTENTS CONTAIN CD-ROMs. DO NOT IRRADIATE.''

4.3.6 Copies

    Many NRC regulations require submission of copies of documents 
to multiple NRC locations (e.g., Headquarters, Regional Offices, 
etc.). This practice continues for submissions that are made on CD-
ROM. However, only a single copy of the CD-ROM is required to be 
submitted to each location.

4.3.7 Rejection of Submissions

    It is not practicable for the NRC to accept:
    [sbull] Any submission that contains a virus.
    [sbull] Files submitted that are compressed.
    [sbull] File formats other than those listed in Section 2.1, 
except submittals may also contain other forms of electronic 
information including data files, computer models, and video or 
audio clips.
    [sbull] CD-ROMs that contain both publicly and non-publicly 
available files on a single CD, unless a second CD with only 
publicly available information is also provided.
    [sbull] CD-ROMs containing OLE (Object Linking and Embedding), 
DDE (Dynamic Data Exchange), or any other object linking.
    [sbull] Any inconsistencies, including omissions, between the 
transmittal letter and the files or physical objects received.

4.4 Where To Submit the CD-ROMs

    Send CD-ROMs with transmittal letter to the mailing address 
specified in the regulation, order, or other document governing the 
submission of that particular application, report or correspondence. 
CD-ROMs containing Classified Information (i.e., National Security 
Information and Restricted Data) must be marked in accordance with 
10 CFR 95.37 and mailed to the appropriate NRC Classified mailing 
address. (See 10 CFR part 73, appendix A for a listing of 
addresses.)

4.5 Additional User Assistance (References and Contact Information)

    Information can be found by visiting the NRC's Web site at 
http://www.nrc.gov/site-help/eie.html. Under the heading ``Related 
Information,'' find the section ``CD-ROM Submittal Procedures.''
    For assistance or to discuss problems with making CD-ROM 
submissions of electronic filings, contact the Document Processing 
Services Section at 301-415-2488 during the NRC's normal business 
hours (7:30 a.m. to 4:15 p.m. eastern time) or e-mail [email protected].

5.0 E-Mail Submissions

5.1 Who Can Participate

    This guidance is intended for licensees, applicants, external 
entities (including Federal, State, and local governments), vendors 
and members of the public who submit documents to the NRC.

5.2 What Can Be Submitted

    Documents (except for communications with States and other 
Federal agencies) submitted by e-mail, including the text of the e-
mail, should contain only information that could be made available 
to the public and may be used for:
    [sbull] Rulemaking petitions and comments in rulemaking 
proceedings.
    [sbull] Requests for enforcement action under 10 CFR 2.206, 
which may be sent to [email protected].
    [sbull] All Freedom of Information Act (FOIA) and Privacy Act 
requests and appeals may be submitted electronically by e-mail. 
However, e-mail requests may not reveal personal privacy 
information.
    [sbull] Responses to Federal Register Notices or other agency 
communications where NRC has provided a specific e-mail address.
    Multiple document attachments are acceptable, but the e-mail 
cannot exceed the 10MB size limitation, and the e-mail must include 
the required information as listed in section 5.4.
    In addition, the NRC provides a listing of contacts on the NRC 
Web site at http://www.nrc.gov that can be used for a variety of e-
mail communications to the agency by selecting ``Contact Us'' from 
the home page. Documents can be submitted by e-mail for the purposes 
identified on the Web site, and should be sent to the specific e-
mail address provided for each form of communication.

5.3 Rejection of Submissions

    File submissions that do not meet the parameters outlined in 
this document, especially as outlined in Section 2.0, will be 
rejected and will require re-submission. If the e-mail (with 
attachments) exceeds the 10MB size requirement or contains a virus, 
the sender will receive an automated ``Undelivered Mail'' notice 
stating the reason for the delivery rejection.
    If the documents do not comply with other file parameters 
outlined in section 2.0 (e.g., unknown file format, compressed 
files, incorrect naming convention, corrupt/unreadable file or if it 
contains macros identified as potential viruses), the intended 
recipient may notify the addressee to re-submit the document(s). 
Finally, the body of the e-mail message/text must include the 
required information as listed in section 5.4.

5.4 How To Send E-Mail

    Files sent via e-mail must be sent as an attachment to the e-
mail message in order to retain the original formatting of the 
document(s). The e-mail message must include the name of a contact 
person who can respond to questions about the submission, along with 
the contact person's daytime phone number, mailing, and e-mail 
address. The e-mail must also identify/describe each document 
attached to the e-mail message. The format used to generate each of 
the identified file(s) must also be listed.

5.5 Where To Submit E-Mail

    E-mail may be addressed to either specific individuals named as 
contacts or to the office specified in the regulation or 
communication specific to the document(s) being submitted, to 
addresses the NRC Web site provides for individual program offices 
or specific agency functions or services, or to the Office of Public 
Affairs. Individual program offices may be contacted by using the 
addresses found at the NRC Web site at http://www.nrc.gov, and 
selecting ``Contact Us'' from the home page. The Office of Public 
Affairs may also be contacted through the ``Contact Us'' page or at 
[email protected]. The Office of the Secretary of the Commission may be 
contacted at [email protected] for 2.206 petitions (use upper 
case where indicated). The sender will not be e-mailed a 
confirmation of receipt of the submission.

6.0 Facsimile (Fax) Submissions

6.1 Who Can Participate

    This guidance is intended for licensees, applicants, external 
entities (including Federal, State, and local governments), vendors 
and members of the public who submit documents to the NRC.

6.2 What Can Be Submitted

    Documents (except for communications with States and other 
Federal agencies) submitted by fax should contain only information 
that could be made available to the public and may be used for:
    [sbull] Rulemaking petitions and comments in rulemaking 
proceedings.
    [sbull] Requests for enforcement action under 10 CFR 2.206.
    [sbull] All Freedom of Information Act (FOIA) and Privacy Act 
requests and appeals may be submitted electronically by facsimile. 
However, requests submitted by fax may not reveal personal privacy 
information.
    [sbull] Responses to Federal Register Notices or other agency 
communications where NRC has provided for response by fax.
    [sbull] Responses to NRC licensing-related questions.
    [sbull] Information from export/import license applicants and 
licensees.

6.3 How To Send Facsimiles (Faxes)

    Faxes must include the name of a contact person who can respond 
to questions about the submission, along with the contact person's 
daytime phone number and mailing or e-mail address.

6.4 Where To Submit Facsimiles (Faxes)

    The NRC has established centralized receipt points (see listing 
of fax locations provided in section 6.5) for official submissions 
transmitted by fax at each of the Regional Offices and at NRC 
Headquarters. All official transmissions should be sent to one of 
these official receipt points to ensure that they are captured as 
official records of the agency.

6.5 Facsimile Locations and User Assistance

[[Page 58835]]



----------------------------------------------------------------------------------------------------------------
                Location                               Fax No.                User Assistance and Verification
----------------------------------------------------------------------------------------------------------------
Headquarters (24-Hour Operation)........  301-415-7010 or 301-415-7020....  301-415-7000.
Office of International Programs........  301-415-2395....................  301-415-1787.
Freedom of Information Act and Privacy    301-415-5130....................  301-415-7169.
 Act Officer.
Region 1................................  610-337-5324....................  610-337-5270.
Region 2................................  404-562-4900....................  404-562-4827.
Region 3................................  630-515-9915....................  630-829-9556.
Region 4................................  817-860-8210....................  817-860-8100.
----------------------------------------------------------------------------------------------------------------

7.0 Additional Resources

7.1 User Assistance

    To obtain general information about accessing documents filed 
electronically (viewing, printing, and downloading), contact the NRC 
Public Document Room (PDR) during business hours.
    You may contact the PDR librarians by any of the following 
means:
    Telephone: 1-800-397-4209 or 301-415-4737.
    TTY (hearing impaired): 1-800-635-4512.
    Facsimile: 301-415-3548.
    E-mail: [email protected].
    U.S. Mail: Public Document Room, (O1F13), U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001.
    Onsite at the PDR: One White Flint North, 11555 Rockville Pike 
(first floor), Rockville MD.
    Hours of PDR operation:
    Reading Room: 7:45 a.m.--4:15 p.m. eastern time, Federal 
workdays.
    Telephone Service: 8:30 a.m.--4:15 p.m., eastern time, Federal 
workdays.

7.2 References

    NRC, EIE Web site; http://www.nrc.gov/site-help/eie.html.
    The Code of Federal Regulations, Title 10--Energy http://www.nrc.gov. Select ``Code of Federal Regulations'' from the Index 
found on the home page.
    Freedom of Information Act, 5 U.S.C. 552.
    Privacy Act, 5 U.S.C. 552a.

[FR Doc. 03-25246 Filed 10-9-03; 8:45 am]
BILLING CODE 7590-01-P