[Federal Register Volume 73, Number 21 (Thursday, January 31, 2008)]
[Rules and Regulations]
[Pages 5709-5727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1646]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 /
Rules and Regulations
[[Page 5709]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 1, 2, 30, 31, 32, 34, 35, 40, 50, 51, 52, 55, 61, 62,
73, 75, 100, 140, and 150
RIN 3150-AI07
Minor Amendments: Re-organization
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations to reflect the addresses of two additional Headquarters
buildings, the reorganization of the Office of Nuclear Materials Safety
and Safeguards, the creation of the Office of Federal and State
Materials and Environmental Management Programs, the reorganization of
the Office of Nuclear Reactor Regulation, the creation of the Office of
New Reactors, and other minor changes. This document is necessary to
inform the public of these minor changes to NRC regulations.
DATES: Effective Date: January 31, 2008.
FOR FURTHER INFORMATION CONTACT: Carina Clark, Rulemaking, Directives,
and Editing Branch, Division of Administrative Services, Office of
Administration, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; Telephone (301) 415-5306; e-mail cac8@ nrc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Nuclear Regulatory Commission is amending the regulations in 10
CFR parts 1, 2, 30, 31, 32, 34, 35, 40, 50, 51, 52, 55, 61, 62, 73, 75,
100, 140, and 150 to reflect the addresses of two additional
Headquarters buildings, the reorganization of the Office of Nuclear
Materials Safety and Safeguards, the creation of the Office of Federal
and State Materials and Environmental Management Programs, the
reorganization of the Office of Nuclear Reactor Regulation, the
creation of the Office of New Reactors, and other minor changes.
Because these amendments constitute minor administrative
corrections to the regulations, the notice and comment provisions of
the Administrative Procedure Act do not apply pursuant to 5 U.S.C.
553(b)(B). The amendments are effective upon publication in the Federal
Register. Good cause exists under 5 U.S.C 553(d) to dispense with the
usual 30-day delay in the effective date of the final rule because the
amendments are of a minor and administrative nature dealing with
internal agency organization and facilities and do not require action
by any person or entity regulated by the NRC, nor does the final rule
change the substantive responsibilities of any person or entity
regulated by the NRC.
Summary of Changes
1. Addition of Two Headquarters Locations
Two Headquarters locations have been added. The new locations are
incorporated into Sec. 1.5(a)(3) and 1.5(a)(4).
2. Office of Federal and State Materials and Environmental Management
Programs Replaces Office of State and Tribal Programs
The Office of Federal and State Materials and Environmental
Management Programs replaces the Office of State and Tribal Programs in
Sec. 1.32(b).
3. Director, Office of Federal and State Materials and Environmental
Management Programs Replaces Director, Division of Industrial and
Medical Nuclear Safety
The Director, Office of Federal and State Materials and
Environmental Management Programs replaces Director, Division of
Industrial and Medical Nuclear Safety in Sec. 40.25(c)(1),
40.25(c)(2), and 40.25 (d)(4).
4. Office of Federal and State Materials and Environmental Management
Programs Replaces Office of Nuclear Material Safety and Safeguards
The Office of Federal and State Materials and Environmental
Management Programs replaces the Office of Nuclear Material Safety and
Safeguards in the following sections: Sec. Sec. 30.6(a)(1),
30.33(a)(5), 30.55(c), 31.5(c)(5), 31.5(c)(8)(ii), 31.5(c)(9)(i),
31.5(c)(11), 31.5(c)(14), 31.11(b)(1), 31.11(e), 32.12(a), 32.16(a),
32.20(b), 32.25(c), 32.29(c), 32.52(a), 32.56, 32.210(b), 34.27(d),
34.43(a)(1), 34.101(a), 35.3067, 40.5(a)(1), 40.26(c)(2), 40.32(e),
40.35(e)(1), 40.35(f), 40.65(a)(1), 61.2, 61.4, 61.80(h)(i)(1), 62.3,
150.4, 150.16(b)(2), and 150.19(c).
5. Addition of the Office of Federal and State Materials and
Environmental Management Programs
The Office of Federal and State Materials and Environmental
Management Systems was created and is incorporated into the following
sections: Sec. Sec. 2.101(a)(1), 2.101(a)(3), 2.101(a)(3)(i),
2.101(a)(3)(iii), 2.101(a)(4), 2.101(a)(5), 2.101(b), 2.101(d),
2.101(e)(3), 2.101(e)(6), 2.101(e)(7), 2.101(e)(8), 2.101(f)(1)(iii),
2.101(f)(2)(i)(A), 2.101(f)(2)(i)(C), 2.101(f)(3), 2.101(f)(4),
2.101(f)(5), 2.102(b), 2.102(c), 2.103(a), 2.103(b), 2.104(b)(2)(i),
2.105(e)(1), 51.4, 75.6(b), 75.6(c), 140.5, and 140.6.
6. Addition of the Office of New Reactors
The Office of New Reactors was created and is incorporated into the
following sections: Sec. Sec. 1.32(b), 2.101(a)(1), 2.101(a)(3),
2.101(a)(3)(i), 2.101(a)(3)(iii), 2.101(a)(4), 2.101(a)(5), 2.101(d),
2.102(b), 2.102(c), 2.103(a), 2.103(b), 2.105(e)(1), 2.107(c),
2.108(a), 2.108(b), 2.108(c), 2.318(b), 2.337(g)(1), 2.337(g)(2)(iv),
2.337(g)(3)(iv), 50.30(a)(2), 50.55a(a)(3), 50.55(g)(6)(ii)(A)(5),
50.61(a)(5), 50.61(c)(3), 50.70(b)(1), 50.75(h)(1)(iii),
50.75(h)(1)(iv), 50.75(h)(2), Appendix G to Part 50 Sections I, III(A)
and (B) and Sections IV (A.1.a) and (A.1.c), Appendix H to Part 50
Sections III (C.1) and (C.3), Sec. Sec. 51.4, 51.40(c)(1), 51.121(a),
55.5(a)(1), 73.4, 75.6(c), 100.4, 140.5, and 140.6(a).
7. Added Description of Duties of the Office of Federal and State
Materials and Environmental Management Systems
Existing Section 1.41 is revised to include a description of the
duties of the Office of Federal and State Materials and Environmental
Management Systems.
[[Page 5710]]
8. Revised Description of Duties Performed by Office of Nuclear
Material Safety and Safeguards
Section 1.42 is revised to include updated information about the
duties of the Office of Nuclear Material Safety and Safeguards.
9. Added New Section Containing Description of the Duties of the Office
of New Reactors
Added new Sec. 1.44 containing description of the duties of the
Office of New Reactors.
10. Changed Rules and Directives Branch to Rulemaking, Directives, and
Editing Branch
In Sec. 2.802, the name for the Rules and Directives Branch is
changed to the Rulemaking, Directives, and Editing Branch.
11. Changed Office Director Designations to Director, Office of New
Reactors and Director, Office of Nuclear Reactor Regulation
In Sec. Sec. 2.101(a)(3)(ii), 2.106(a), 2.110(b), 2.110(c),
2.340(a), 2.340(c), 2.403, Appendix J to Part 50 Section V (B.2),
Sec. Sec. 51.105(a)(5), 51.105a, 51.107(a)(5), 52.35, 52.75(a),
55.5(b)(1) and 55.5(b)(2), changed office director designations to
Director, Office of New Reactors and Director, Office of Nuclear
Reactor Regulation to maintain consistency.
Environmental Impact: Categorical Exclusion
The NRC has determined that this final rule is the type of action
described in categorical exclusion under 10 CFR 51.22(c)(2). Therefore,
neither an environmental impact statement nor an environmental
assessment has been prepared for this final rule.
Paperwork Reduction Act Statement
The final rule does not contain new or amended information
collection requirements subject to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501, et seq.). Existing requirements were approved by the
Office of Management and Budget, approval numbers 3150-0017, 3150-0016,
3150-0001, 3150-0007, 3150-0010, 3150-0020, 3150-0011, 3150-0021, 3150-
0151, 3150-0018, 3150-0135, 3150-0143, 3150-0002, 3150-0055, 3150-0039,
and 3150-0032.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information of an information collection
requirement unless the requesting document displays a currently valid
OMB control number.
List of Subjects
10 CFR Part 1
Organization and functions (Government Agencies).
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 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 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 40
Criminal penalties, Government contracts, Hazardous materials
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 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 73
Criminal penalties, Export, Hazardous materials transportation,
Import, Nuclear materials, Nuclear power plants and reactors, Reporting
and recordkeeping requirements, Security measures.
10 CFR Part 75
Criminal penalties, Intergovernmental relations, Nuclear materials,
Nuclear power plants and reactors, Reporting and recordkeeping
requirements, Security measures.
10 CFR Part 100
Nuclear power plants and reactors, Reactor siting criteria.
10 CFR Part 140
Criminal penalties, Extraordinary nuclear occurrence, Insurance,
Intergovernmental relations, Nuclear materials, Nuclear power plants
and
[[Page 5711]]
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.
0
For the reasons set forth 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 parts 1, 2, 30, 31, 32, 34, 35, 40,
50, 51, 52, 55, 61, 62, 73, 75, 100, 140, and 150.
PART 1--STATEMENT OF ORGANIZATION AND GENERAL INFORMATION
0
1. The authority citation for part 1 continues to read as follows:
Authority: Sec. 23, 161, 68 Stat. 925, 948, as amended (42
U.S.C. 2033, 2201); sec. 29, Pub. L. 85-256, 71 Stat. 579, Pub. L.
95-209, 91 Stat. 1483 (42 U.S.C. 2039); sec. 191, Pub. L. 87-615, 76
Stat. 409 (42 U.S.C. 2241); secs. 201, 203, 204, 205, 209, 88 Stat.
1242, 1244, 1245, 1246, 1248, as amended (42 U.S.C. 5841, 5843,
5844, 5845, 5849); 5 U.S.C. 552, 553; Reorganization Plan No. 1 of
1980, 45 FR 40561, June 16, 1980.
0
2. In Sec. 1.5, paragraphs (a)(3) and (a)(4) are added to read as
follows:
Sec. 1.5 Location of principal offices and Regional Offices.
(a) * * *
(3) Executive Boulevard Building, 6003 Executive Boulevard,
Rockville, MD 20852-3823.
(4) Gateway Building, 7201 Wisconsin Ave., Suite 425, Bethesda, MD
20814-4810.
* * * * *
0
3. In Sec. 1.32, paragraph (b) is revised to read as follows:
Sec. 1.32 Office of the Executive Director for Operations.
* * * * *
(b) The EDO supervises and coordinates policy development and
operational activities in the following offices: The Office of Nuclear
Reactor Regulation, the Office of New Reactors, the Office of Nuclear
Material Safety and Safeguards, the Office of Federal and State
Materials and Environmental Management Systems, the Office of Nuclear
Regulatory Research, the Office of Nuclear Security and Incident
Response, and the NRC Regional Offices; and the following staff
offices: The Office of Enforcement, the Office of Administration, the
Office of Information Services, the Office of Investigations, the
Office of Small Business and Civil Rights, the Office of Human
Resources, and other organizational units as shall be assigned by the
Commission. The EDO is also responsible for implementing the
Commission's policy directives pertaining to these offices.
* * * * *
0
4. Section 1.41 is revised to read as follows:
Sec. 1.41 Office of Federal and State Materials and Environmental
Management Programs.
(a) The Office of Federal and State Materials and Environmental
Management Programs (FSME) is responsible for protecting the public
health and safety, the common defense and security, and the environment
by licensing, inspecting, and assessing environmental impacts for all
nuclear material facilities and activities which are not the
responsibility of the Office of Nuclear Material Safety and Safeguards
(NMSS). FSME is also responsible for developing all new regulations and
amending existing regulations for all nuclear material facilities and
activities regulated by both FSME and NMSS.
(b) The Office of Federal and State Materials and Environmental
Management Programs--
(1) Plans and directs NRC's program of cooperation and liaison with
States, local governments, interstate and Indian Tribe organizations;
and coordinates liaison with other Federal Agencies;
(2) Participates in formulation of policies involving NRC/State
cooperation and liaison;
(3) Develops and directs administrative and contractual programs
for coordinating and integrating Federal and State regulatory
activities;
(4) Maintains liaison between NRC and State, interstate, regional,
Indian Tribal, and quasi-governmental organizations on regulatory
matters;
(5) Promotes NRC visibility and performs general liaison with other
Federal Agencies, and keeps NRC management informed of significant
developments at other Federal Agencies which affect the NRC;
(6) Monitors nuclear-related State legislative activities;
(7) Directs regulatory activities of State Liaison and State
Agreement Officers located in Regional Offices;
(8) Participates in policy matters on State Public Utility
Commissions (PUCs);
(9) Administers the State Agreements program in a partnership
arrangement with the States;
(10) Develops staff policy and procedures and implements State
Agreements program under the provisions of section 274b of the Atomic
Energy Act (the Act), as amended;
(11) Provides oversight of program of periodic routine reviews of
Agreement State programs to determine their adequacy and compatibility
as required by section 274j of the Act and other periodic reviews that
may be performed to maintain a current level of knowledge of the status
of the Agreement State programs;
(12) Provides training to the States as provided by section 274i of
the Act and also to NRC staff and staff of the U.S. Navy and U.S. Air
Force;
(13) Provides technical assistance to Agreement States;
(14) Maintains an exchange of information with the States;
(15) Conducts negotiations with States expressing an interest in
seeking a section 274b Agreement;
(16) Supports, consistent with Commission directives, State efforts
to improve regulatory control for radiation safety over radioactive
materials not covered by the Act;
(17) Serves as the NRC liaison to the Conference of Radiation
Control Program Directors, Inc. (CRCPD) and coordinates NRC technical
support of CRCPD committees;
(18) Develops, promulgates, and amends regulations generally
associated with the materials regulated by both FSME and NMSS and for
all security-related regulations which will be applied to licensees and
holders of certificates of compliance issued by FSME and NMSS;
(19) Develops and implements NRC policy for the regulation of
activities involving safety, quality, approval, and inspection of the
use and handling of nuclear and other radioactive materials, such as
uranium activities;
(20) Regulates medical, industrial, academic, and commercial uses
of radioactive isotopes;
(21) Oversees safe management and disposal of low-level radioactive
wastes;
(22) Plans and directs program for financial assurance of FSME
licensees;
(23) Manages the decommissioning of facilities and sites when their
licensed functions are over;
(24) Supports safeguards activities including--
(i) Developing overall agency policy;
(ii) Monitoring and assessing the threat environment, including
liaison with intelligence agencies, as appropriate; and
[[Page 5712]]
(iii) Conducting licensing and review activities appropriate to
deter and protect against threats of radiological sabotage and threats
of theft or diversion of nuclear material at regulated facilities and
during transport; and
(25) Identifies and takes action for activities under its
responsibility, including consulting and coordinating with
international, Federal, State, Indian Tribal and local agencies, as
appropriate.
0
5. Section 1.42 is revised to read as follows:
Sec. 1.42 Office of Nuclear Material Safety and Safeguards.
(a) The Office of Nuclear Material Safety and Safeguards (NMSS) is
responsible for regulating activities which provide for the safe and
secure production of nuclear fuel used in commercial nuclear reactors;
the safe storage, transportation, and disposal of high-level
radioactive waste and spent nuclear fuel; and the transportation of
radioactive materials regulated under the Atomic Energy Act. NMSS
ensures safety and security by implementing a regulatory program
involving activities including licensing, inspection, assessment of
licensee performance, events analysis, enforcement, and identification
and resolution of generic issues.
(b) The Office of Nuclear Material Safety and Safeguards--
(1) Develops and implements NRC policy for the regulation of:
uranium recovery, conversion, and enrichment; fuel fabrication and
development; transportation of nuclear materials, including
certification of transport containers and reactor spent fuel storage;
and safe management and disposal of spent fuel and high-level
radioactive waste;
(2) Has lead responsibility within NRC for domestic and
international safeguards policy and regulation for fuel cycle
facilities, including material control and accountability;
(3) Conducts high-level waste pre-licensing activities, consistent
with direction in the Nuclear Waste Policy Act and the Energy Policy
Act, to ensure appropriate standards and regulatory guidance are in
place, and interacts with the applicant;
(4) Is responsible for regulation and licensing of recycling
technologies intended to reduce the amount of waste to be disposed
through geologic disposal and to reduce proliferation concerns since
the technologies do not produce separated plutonium;
(5) Interacts with DOE and international experts, in order to
develop an appropriate regulatory framework, in recycling during
development, demonstration, and deployment of new advanced recycling
technologies that recycle nuclear fuel in a manner which does not
produce separated plutonium;
(6) Creates and maintains the regulatory infrastructure to support
the agency's role in licensing a reprocessing facility and a related
fuel fabrication facility and vitrification and/or waste storage
facility; and
(7) Prepares NRC to perform its regulatory role for new, expanded,
and modified commercial fuel cycle facilities which may include
recycling, transmutation, and actinide burning. This includes
regulatory processes such as licensing, inspection, assessment of
license performance assessment, events analysis, and enforcement that
will ensure that this technology can be safely and securely implemented
commercially in the United States.
0
6. A new Sec. 1.44 is added to read as follows:
Sec. 1.44 Office of New Reactors.
The Office of New Reactors--
(a) Develops, promulgates and implements regulations and develops
and implements policies, programs, and procedures for all aspects of
licensing, inspection, and safeguarding of--
(1) Manufacturing, production, and utilization facilities licensed
under part 52 of this chapter prior to initial commencement of
operation;
(2) Receipt, possession, and ownership of source, byproduct, and
special nuclear material used or produced at facilities licensed under
part 52 of this chapter prior to initial commencement of operation;
(3) Operators of such facilities licensed under part 52 of this
chapter prior to initial commencement of operation;
(4) Emergency preparedness at such facilities licensed under part
52 of this chapter prior to initial commencement of operation; and
(5) Contractors and suppliers of such facilities licensed under
part 52 of this chapter prior to initial commencement of operation;
(b) Identifies and takes action regarding conditions and licensee
performance that may adversely affect public health and safety, the
environment, or the safeguarding of nuclear reactor facilities licensed
under part 52 of this chapter prior to initial commencement of
operation;
(c) Assesses and recommends or takes action regarding incidents or
accidents related to facilities licensed under part 52 of this chapter
prior to initial commencement of operation;
(d) Provides guidance and implementation direction to Regional
Offices on reactor licensing, inspection, and safeguards programs
assigned to the Region, and appraises Regional program performance in
terms of effectiveness and uniformity, for facilities licensed under 10
CFR part 52 prior to initial commencement of operation;
(e) Performs other functions required for implementation of the
reactor licensing, inspection, and safeguard programs for facilities
licensed under part 52 of this chapter prior to initial commencement of
operation; and
(f) Performs review and evaluation related to regulated facilities
insurance and indemnity for facilities licensed under part 52 of this
chapter prior to initial commencement of operation.
PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND
ISSUANCE OF ORDERS
0
7. The authority citation for part 2 continues 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,
68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C.
2073, 2092, 2093, 2111, 2133, 2134, 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). Sections 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). Sections 2.600-2.606 also issued under sec. 102, Pub. L. 91-
190, 83 Stat. 853, as amended (42 U.S.C. 4332). Sections 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.
[[Page 5713]]
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. 91-550, 84 Stat. 1473 (42 U.S.C. 2135).
0
8. In Sec. 2.101, paragraphs (a)(1), (a)(3), (a)(4), (b), (d), (e)(3),
(e)(6), (e)(7), (e)(8), (f)(1)(iii), (f)(2)(i)(A), (f)(2)(i)(C),
(f)(3), (f)(4), (f)(5), and the introductory text of paragraph (a)(5)
are revised to read as follows:
Sec. 2.101 Filing of application.
(a)(1) An application for a permit, a license, a license transfer,
a license amendment, a license renewal, or a standard design approval,
shall be filed with the Director, Office of New Reactors, the Director,
Office of Nuclear Reactor Regulation, the Director, Office of Nuclear
Material Safety and Safeguards, or the Director, Office of Federal and
State Materials and Environmental Management Programs, as prescribed by
the applicable provisions of this chapter. A prospective applicant may
confer informally with the NRC staff before filing an application.
* * * * *
(3) If the Director, Office of Nuclear Reactor Regulation,
Director, Office of New Reactors, Director, Office of Federal and State
Materials and Environmental Management Program, or Director, Office of
Nuclear Material Safety and Safeguards, as appropriate, determines that
a tendered application for a construction permit or operating license
for a production or utilization facility, and/or any environmental
report required pursuant to subpart A of part 51 of this chapter, or
part thereof as provided in paragraphs (a)(5) or (a-1) of this section
are complete and acceptable for docketing, a docket number will be
assigned to the application or part thereof, and the applicant will be
notified of the determination. With respect to the tendered application
and/or environmental report or part thereof that is acceptable for
docketing, the applicant will be requested to:
(i) Submit to the Director, Office of Nuclear Reactor Regulation,
Director, Office of New Reactors, Director, Office of Federal and State
Materials and Environmental Management Programs, or Director, Office of
Nuclear Material Safety and Safeguards, as appropriate, such additional
copies as the regulations in part 50 and subpart A of part 51 of this
chapter require;
(ii) Serve a copy on the chief executive of the municipality in
which the facility or site which is the subject of an early site permit
is to be located or, if the facility or site which is the subject of an
early site permit is not to be located within a municipality, on the
chief executive of the county, and serve a notice of availability of
the application or environmental report on the chief executives of the
municipalities or counties which have been identified in the
application or environmental report as the location of all or part of
the alternative sites, containing as applicable, the docket number of
the application; a brief description of the proposed site and facility;
the location of the site and facility as primarily proposed and
alternatively listed; the name, address, telephone number, and e-mail
address (if available) of the applicant's representative who may be
contacted for further information; notification that a draft
environmental impact statement will be issued by the Commission and
will be made available upon request to the Commission; and notification
that if a request is received from the appropriate chief executive, the
applicant will transmit a copy of the application and environmental
report, and any changes to these documents which affect the alternative
site location, to the executive who makes the request. In complying
with the requirements of this paragraph, the applicant should not make
public distribution of those parts of the application subject to Sec.
2.390(d). The applicant shall submit to the Director, Office of New
Reactors or Director, Office of Nuclear Reactor Regulation, as
appropriate, an affidavit that service of the notice of availability of
the application or environmental report has been completed along with a
list of names and addresses of those executives upon whom the notice
was served; and
(iii) Make direct distribution of additional copies to Federal,
State, and local officials in accordance with the requirements of this
chapter and written instructions furnished to the applicant by the
Director, Office of Nuclear Reactor Regulation, Director, Office of New
Reactors, Director, Office of Federal and State Materials and
Environmental Management Programs, or Director, Office of Nuclear
Material Safety and Safeguards, as appropriate. Such written
instructions will be furnished as soon as practicable after all or any
part of the application, or environmental report, is tendered. The
copies submitted to the Director, Office of Nuclear Reactor Regulation,
Director, Office of New Reactors, or Director, Office of Nuclear
Material Safety and Safeguards, or Director, Office of Federal and
State Materials and Environmental Management Programs, as appropriate,
and distributed by the applicant shall be completely assembled
documents, identified by docket number. Subsequently distributed
amendments to applications, however, may include revised pages to
previous submittals and, in such cases, the recipients will be
responsible for inserting the revised pages.
(4) The tendered application for a construction permit, operating
license, early site permit, standard design approval, combined license,
or manufacturing license will be formally docketed upon receipt by the
Director, Office of New Reactors, Director, Office of Nuclear Reactor
Regulation, Director, Office of Federal and State Materials and
Environmental Management Programs, or Director, Office of Nuclear
Material Safety and Safeguards, as appropriate, of the required
additional copies. Distribution of the additional copies shall be
deemed to be complete as of the time the copies are deposited in the
mail or with a carrier prepaid for delivery to the designated
addresses. The date of docketing shall be the date when the required
copies are received by the Director, Office of New Reactors, Director,
Office of Nuclear Reactor Regulation, Director, Office of Federal and
State Materials and Environmental Management Programs, or Director,
Office of Nuclear Material Safety and Safeguards, as appropriate.
Within 10 days after docketing, the applicant shall submit to the
Director, Office of New Reactors, Director, Office of Nuclear Reactor
Regulation, Director, Office of Federal and State Materials and
Environmental Programs, or Director, Office of Nuclear Material Safety
and Safeguards, as appropriate, an affidavit that distribution of the
additional copies to Federal, State, and local officials has been
completed in accordance with requirements of this chapter and written
instructions furnished to the applicant by the Director, Office of New
Reactors, Director, Office of Nuclear Reactor Regulation, Director,
Office of Federal and State Materials and Environmental Management
Programs, or Director, Office of Nuclear Material Safety and
Safeguards, as appropriate. Amendments to the application and
environmental report shall be filed and distributed and an affidavit
shall be furnished to the Director, Office of New Reactors, Director,
Office of Nuclear Reactor Regulation, Director, Office of Federal and
State Materials and Environmental Management Programs, or Director,
Office of Nuclear Material Safety and Safeguards, as appropriate,
[[Page 5714]]
in the same manner as for the initial application and environmental
report. If it is determined that all or any part of the tendered
application and/or environmental report is incomplete and therefore not
acceptable for processing, the applicant will be informed of this
determination, and the respects in which the document is deficient.
(5) An applicant for a construction permit under part 50 of this
chapter or a combined license under part 52 of this chapter for a
production or utilization facility which is subject to Sec. 51.20(b)
of this chapter, and is of the type specified in Sec. 50.21(b)(2) or
(b)(3) or Sec. 50.22 of this chapter or is a testing facility may
submit the information required of applicants by part 50 or part 52 of
this chapter in two parts. One part shall be accompanied by the
information required by Sec. 50.30(f) of this chapter, or Sec.
52.80(b) of this chapter, as applicable. The other part shall include
any information required by Sec. 50.34(a) and, if applicable, Sec.
50.34a of this chapter, or Sec. Sec. 52.79 and 52.80(a), as
applicable. One part may precede or follow other parts by no longer
than 6 months. If it is determined that either of the parts as
described above is incomplete and not acceptable for processing, the
Director, Office of Nuclear Reactor Regulation, Director, Office of New
Reactors, Director, Office of Federal and State Materials and
Environmental Management Programs, or Director, Office of Nuclear
Material Safety and Safeguards, as appropriate, will inform the
applicant of this determination and the respects in which the document
is deficient. Such a determination of completeness will generally be
made within a period of 30 days. Whichever part is filed first shall
also include the fee required by Sec. Sec. 50.30(e) and 170.21 of this
chapter and the information required by Sec. Sec. 50.33, 50.34(a)(1),
or 52.79(a)(1), as applicable, and Sec. 50.37 of this chapter. The
Director, Office of Nuclear Reactor Regulation, Director, Office of New
Reactors, Director, Office of Federal and State Materials and
Environmental Management Programs, or Director, Office of Nuclear
Material Safety and Safeguards, as appropriate, will accept for
docketing an application for a construction permit under part 52 of
this chapter for a production or utilization facility which is subject
to Sec. 51.20(b) of this chapter, and is of the type specified in
Sec. 50.21(b)(2) or (b)(3) or Sec. 50.22 of this chapter or is a
testing facility where one part of the application as described above
is complete and conforms to the requirements of part 50 of this
chapter. The additional parts will be docketed upon a determination by
the Director, Office of Nuclear Reactor Regulation, Director, Office of
New Reactors, Director, Office of Federal and State Materials and
Environmental Management Programs, or Director, Office of Nuclear
Material Safety and Safeguards, as appropriate, that it is complete.
* * * * *
(b) After the application has been docketed each applicant for a
license for receipt of waste radioactive material from other persons
for the purpose of commercial disposal by the waste disposal licensee
except applicants under part 61 of this chapter, who must comply with
paragraph (g) of this section, shall serve a copy of the application
and environmental report, as appropriate, on the chief executive of the
municipality, in which the activity is to be conducted or, if the
activity is not to be conducted within a municipality on the chief
executive of the county, and serve a notice of availability of the
application or environmental report on the chief executives of the
municipalities or counties which have been identified in the
application or environmental report as the location of all or part of
the alternative sites, containing the docket number of the application;
a brief description of the proposed site and facility; the location of
the site and facility as primarily proposed and alternatively listed;
the name, address, telephone number, and e-mail address (if available)
of the applicant's representative who may be contacted for further
information; notification that a draft environmental impact statement
will be issued by the Commission and will be made available upon
request to the Commission; and notification that if a request is
received from the appropriate chief executive, the applicant will
transmit a copy of the application and environmental report, and any
changes to such documents which affect the alternative site location,
to the executive who makes the request. In complying with the
requirements of this paragraph the applicant should not make public
distribution of those parts of the application subject to Sec.
2.390(d). The applicant shall submit to the Director, Office of Nuclear
Material Safety and Safeguards or Director, Office of Federal and State
Materials and Environmental Management Programs, as appropriate, an
affidavit that service of the notice of availability of the application
or environmental report has been completed along with a list of names
and addresses of those executives upon whom the notice was served.
* * * * *
(d) The Director, Office of Nuclear Reactor Regulation, Director,
Office of New Reactors, Director, Office of Federal and State Materials
and Environmental Management Programs, or Director, Office of Nuclear
Material Safety and Safeguards, as appropriate, will give notice of the
docketing of the public health and safety, common defense and security,
and environmental parts of an application for a license for a facility
or for receipt of waste radioactive material from other persons for the
purpose of commercial disposal by the waste disposal licensee, except
that for applications pursuant to part 61 of this chapter, paragraph
(g) of this section applies to the Governor or other appropriate
official of the State in which the facility is to be located or the
activity is to be conducted and will publish in the Federal Register a
notice of docketing of the application which states the purpose of the
application and specifies the location at which the proposed activity
would be conducted.
(e) * * *
(3) If the Director, Office of Nuclear Material Safety and
Safeguards or Director, Office of Federal and State Materials and
Environmental Management Programs, as appropriate, determines that the
tendered document is complete and acceptable for docketing, a docket
number will be assigned and the applicant will be notified of the
determination. If it is determined that all or any part of the tendered
document is incomplete and therefore not acceptable for processing, the
applicant will be informed of this determination and the respects in
which the document is deficient.
* * * * *
(6) The tendered document will be formally docketed upon receipt by
the Director, Office of Nuclear Material Safety and Safeguards or
Director, Office of Federal and State Materials and Environmental
Management Programs, as appropriate, of the required additional copies.
The date of docketing shall be the date when the required copies are
received by the Director, Office of Nuclear Material Safety and
Safeguards or Director, Office of Federal and State Materials and
Environmental Management Programs, as appropriate. Within ten (10) days
after docketing, the applicant shall submit to the Director, Office of
Nuclear Material Safety and Safeguards or Director, Office of Federal
and State Materials and Environmental Management Programs, as
appropriate, a written statement that distribution of
[[Page 5715]]
the additional copies to Federal, State, Indian Tribe, and local
officials has been completed in accordance with requirements of this
chapter and written instructions furnished to the applicant by the
Director, Office of Nuclear Material Safety and Safeguards or Director,
Office of Federal and State Materials and Environmental Management
Programs, as appropriate. Distribution of the additional copies shall
be deemed to be complete as of the time the copies are deposited in the
mail or with a carrier prepaid for delivery to the designated
addressees.
(7) Amendments to the application and supplements to the
environmental impact statement shall be filed and distributed and a
written statement shall be furnished to the Director, Office of Nuclear
Material Safety and Safeguards or Director, Office of Federal and State
Materials and Environmental Management Programs, as appropriate, in the
same manner as for the initial application and environmental impact
statement.
(8) The Director, Office of Nuclear Material Safety and Safeguards
or Director, Office of Federal and State Materials and Environmental
Management Programs, as appropriate, will cause to be published in the
Federal Register a notice of docketing which identifies the State and
location at which the proposed geologic repository operations area
would be located and will give notice of docketing to the governor of
that State. The notice of docketing will state that the Commission
finds that a hearing is required in the public interest, prior to
issuance of a construction authorization, and will recite the matters
specified in Sec. 2.104(a) of this part.
(f) * * *
(1) * * *
(iii) When the Director, Office of Nuclear Material Safety and
Safeguards or Director, Office of Federal and State Materials and
Environmental Management Programs, as appropriate, determines that the
tendered document is complete and acceptable for docketing, a docket
number will be assigned and the applicant will be notified of the
determination. If it is determined that all or any part of the tendered
document is incomplete and therefore not acceptable for processing, the
applicant will be informed of this determination and the aspects in
which the document is deficient.
(2)(i) * * *
(A) Submit to the Director, Office of Nuclear Material Safety and
Safeguards or Director, Office of Federal and State Materials and
Environmental Management Programs, as appropriate, such additional
copies as required by the regulations in part 61 and subpart A of part
51 of this chapter;
* * * * *
(C) Make direct distribution of additional copies to Federal,
State, Indian Tribal, and local officials in accordance with the
requirements of this chapter and written instructions from the
Director, Office of Nuclear Material Safety and Safeguards or Director,
Office of Federal and State Materials and Environmental Management
Programs, as appropriate; and
* * * * *
(3) The tendered document will be formally docketed upon receipt by
the Director, Office of Nuclear Material Safety and Safeguards or
Director, Office of Federal and State Materials and Environmental
Management Programs, as appropriate, of the required additional copies.
Distribution of the additional copies shall be deemed to be complete as
of the time the copies are deposited in the mail or with a carrier
prepaid for delivery to the designated addressees. The date of
docketing shall be the date when the required copies are received by
the Director, Office of Nuclear Material Safety and Safeguards or
Director, Office of Federal and State Materials and Environmental
Management Programs, as appropriate. Within ten (10) days after
docketing, the applicant shall submit to the Director, Office of
Nuclear Material Safety and Safeguards or Director, Office of Federal
and State Materials and Environmental Management Programs, as
appropriate, a written statement that distribution of the additional
copies to Federal, State, Indian Tribal, and local officials has been
completed in accordance with requirements of this section and written
instructions furnished to the applicant by the Director, Office of
Nuclear Material Safety and Safeguards or Director, Office of Federal
and State Materials and Environmental Management Programs, as
appropriate.
(4) Amendments to the application and environmental report shall be
filed and distributed and a written statement shall be furnished to the
Director, Office of Nuclear Material Safety and Safeguards or Director,
Office of Federal and State Materials and Environmental Management
Programs, as appropriate, in the same manner as for the initial
application and environmental report.
(5) The Director, Office of Nuclear Material Safety and Safeguards
or Director, Office of Federal and State Materials and Environmental
Management Programs, as appropriate, will cause to be published in the
Federal Register a notice of docketing which identifies the State and
location of the proposed waste disposal facility and will give notice
of docketing to the governor of that State and other officials listed
in paragraph (g)(3) of this section and, in a reasonable period
thereafter, publish in the Federal Register a notice pursuant to Sec.
2.105 offering opportunity to request a hearing to the applicant and
other affected persons.
0
9. In Sec. 2.102, paragraphs (b) and (c) are revised to read as
follows:
Sec. 2.102 Administrative review of application.
* * * * *
(b) The Director, Office of Nuclear Reactor Regulation, Director,
Office of New Reactors, Director, Office of Federal and State Materials
and Environmental Management Programs, or Director, Office of Nuclear
Material Safety and Safeguards, as appropriate, will refer the docketed
application to the ACRS as required by law and in such additional cases
as he or the Commission may determine to be appropriate. The ACRS will
render to the Commission one or more reports as required by law or as
requested by the Commission.
(c) The Director, Office of Nuclear Reactor Regulation, Director,
Office of New Reactors, Director, Office of Federal and State Materials
and Environmental Management Programs, or Director, Office of Nuclear
Material Safety and Safeguards, as appropriate, will make each report
of the ACRS a part of the record of the docketed application, and
transmit copies to the appropriate State and local officials.
0
10. In Sec. 2.103, paragraph (a) and the introductory text of
paragraph (b) are revised to read as follows:
Sec. 2.103 Action on applications for byproduct, source, special
nuclear material, facility and operator licenses.
(a) If the Director, Office of Nuclear Reactor Regulation,
Director, Office of New Reactors, Director, Office of Federal and State
Materials and Environmental Management Programs, or Director, Office of
Nuclear Material Safety and Safeguards, as appropriate, finds that an
application for a byproduct, source, special nuclear material,
facility, or operator license complies with the requirements of the
Act, the Energy Reorganization Act, and this chapter, he will issue a
license. If the license is for a facility, or for receipt of waste
radioactive material from other persons for the purpose of commercial
disposal by the waste disposal licensee, or for a construction
authorization for a
[[Page 5716]]
HLW repository at a geologic repository operations area under parts 60
or 63 of this chapter, or if it is to receive and possess high-level
radioactive waste at a geologic repository operations area under parts
60 or 63 of this chapter, the Director, Office of Nuclear Reactor
Regulation, Director, Office of New Reactors, Director, Office of
Nuclear Material Safety and Safeguards, or Director, Office of Federal
and State Materials and Environmental Management Programs, as
appropriate, will inform the State, Tribal and local officials
specified in Sec. 2.104(e) of the issuance of the license. For notice
of issuance requirements for licenses issued under part 61 of this
chapter, see Sec. 2.106(d).
(b) If the Director, Office of Nuclear Reactor Regulation,
Director, Office of New Reactors, Director, Office of Federal and State
Materials and Environmental Management Programs, or Director, Office of
Nuclear Material Safety and Safeguards, as appropriate, finds that an
application does not comply with the requirements of the Act and this
chapter he may issue a notice of proposed denial or a notice of denial
of the application and inform the applicant in writing of:
* * * * *
0
11. In Sec. 2.105, paragraph (e)(1) is revised to read as follows:
Sec. 2.105 Notice of proposed action.
* * * * *
(e)(1) If no request for a hearing or petition for leave to
intervene is filed within the time prescribed in the notice, the
Director, Office of Nuclear Reactor Regulation, Director, Office of New
Reactors, Director, Office of Federal and State Materials and
Environmental Management Programs, or Director, Office of Nuclear
Material Safety and Safeguards, as appropriate, may take the proposed
action, inform the appropriate State and local officials, and publish
in the Federal Register a notice of issuance of the license or other
action.
* * * * *
0
12. In Sec. 2.106, the introductory text of paragraph (a) is revised
to read as follows:
Sec. 2.106 Notice of issuance.
(a) The Director, Office of New Reactors, Director, Office of
Nuclear Reactor Regulation, or Director, Office of Nuclear Material
Safety and Safeguards, as appropriate, will inform the State and local
officials specified in Sec. 2.104(e) and publish a document in the
Federal Register announcing the issuance of:
* * * * *
0
13. In Sec. 2.107 paragraph (c) is revised to read as follows:
Sec. 2.107 Withdrawal of application.
* * * * *
(c) The Director, Office of Nuclear Reactor Regulation, Director,
Office of New Reactors, or Director, Office of Nuclear Material Safety
and Safeguards, as appropriate, will cause to be published in the
Federal Register a notice of the withdrawal of an application if notice
of receipt of the application has been previously published.
0
14. Section 2.108 is revised to read as follows:
Sec. 2.108 Denial of application for failure to supply information.
(a) The Director, Office of Nuclear Reactor Regulation, Director,
Office of New Reactors, or Director, Office of Nuclear Material Safety
and Safeguards, as appropriate, may deny an application if an applicant
fails to respond to a request for additional information within thirty
(30) days from the date of the request, or within such other time as
may be specified.
(b) The Director, Office of Nuclear Reactor Regulation, Director,
Office of New Reactors, or Director, Office of Nuclear Material Safety
and Safeguards, as appropriate, will cause to be published in the
Federal Register a notice of denial when notice of receipt of the
application has previously been published, but notice of hearing has
not yet been published. The notice of denial will provide that, within
thirty (30) days after the date of publication in the Federal Register.
(1) The applicant may demand a hearing, and
(2) Any person whose interest may be affected by the proceeding may
file a petition for leave to intervene.
(c) When both a notice of receipt of the application and a notice
of hearing have been published, the presiding officer, upon a motion
made by the staff under Sec. 2.323, will rule whether an application
should be denied by the Director, Office of Nuclear Reactor Regulation,
Director, Office of New Reactors, or Director, Office of Nuclear
Material Safety and Safeguards, as appropriate, under paragraph (a) of
this section.
0
15. In Sec. 2.110, paragraphs (b) and (c)(1) are revised to read as
follows:
Sec. 2.110 Filing and administrative action on submittals for
standard design approval or early review of site suitability issues.
* * * * *
(b) Upon initiation of review by the NRC staff of a submittal for
an early review of site suitability issues under Appendix Q of part 50
of this chapter, or for a standard design approval under subpart E of
part 52 of this chapter, the Director, Office of New Reactors, or
Director, Office of Nuclear Reactor Regulation, as appropriate shall
publish in the Federal Register a notice of receipt of the submittal,
inviting comments from interested persons within 60 days of publication
or other time as may be specified, for consideration by the NRC staff
and ACRS in their review.
(c)(1) Upon completion of review by the NRC staff and the ACRS of a
submittal for a standard design approval, the Director, Office of New
Reactors or Director, Office of Nuclear Reactor Regulation, as
appropriate shall publish in the Federal Register a determination as to
whether or not the design is acceptable, subject to terms and
conditions as may be appropriate, and shall make available at the NRC
Web site, http://www.nrc.gov, a report that analyzes the design.
* * * * *
0
16. In Sec. 2.318, paragraph (b) is revised to read as follows:
Sec. 2.318 Commencement and termination of jurisdiction of presiding
officer.
* * * * *
(b) The Director, Office of Nuclear Reactor Regulation, Director,
Office of New Reactors, or the Director, Office of Nuclear Material
Safety and Safeguards, as appropriate, may issue an order and take any
otherwise proper administrative action with respect to a licensee who
is a party to a pending proceeding. Any order related to the subject
matter of the pending proceeding may be modified by the presiding
officer as appropriate for the purpose of the proceeding.
0
17. In Sec. 2.337, paragraphs (g)(1), (g)(2)(iv), and (g)(3)(iv) are
revised to read as follows:
Sec. 2.337 Evidence at a hearing.
* * * * *
(g) * * *
(1) Facility construction permits. In a proceeding involving an
application for construction permit for a production or utilization
facility, the NRC staff shall offer into evidence any report submitted
by the ACRS in the proceeding in compliance with section 182(b) of the
Act, any safety evaluation prepared by the NRC staff, and any
environmental impact statement prepared in the proceeding under subpart
A of part 51 of this chapter by the Director, Office of Nuclear Reactor
Regulation, Director, Office of New Reactors, or Director,
[[Page 5717]]
Office of Nuclear Material Safety and Safeguards, as appropriate, or
his or her designee.
(2) * * *
(iv) Any environmental impact statement or environmental assessment
prepared in the proceeding under subpart A of part 51 of this chapter
by the Director, Office of Nuclear Reactor Regulation, Director, Office
of New Reactors, or Director, Office of Nuclear Material Safety and
Safeguards, as appropriate, or his or her designee if there is any, but
only if there are contentions/controverted matters with respect to the
adequacy of the environmental impact statement or environmental
assessment.
(3) * * *
(iv) Any environmental impact statement or environmental assessment
prepared in the proceeding under subpart A of part 51 of this chapter
by the Director, Office of Nuclear Reactor Regulation, Director, Office
of New Reactors, or Director, Office of Nuclear Material Safety and
Safeguards, as appropriate, or his or her designee if there is any, but
only if there are contentions/controverted matters with respect to the
adequacy of the environmental impact statement or environmental
assessment.
0
18. In Sec. 2.340, paragraphs (a) and (c) are revised to read as
follows:
Sec. 2.340 Initial decision in certain contested proceedings;
immediate effectiveness of initial decisions; issuance of
authorizations, permits, and licenses.
(a) Initial decision--production or utilization facility operating
license. In any initial decision in a contested proceeding on an
application for an operating license (including an amendment to or
renewal of an operating license) for a production or utilization
facility, the presiding officer shall make findings of fact and
conclusions of law on the matters put into controversy by the parties
to the proceeding, any matter designated by the Commission to be
decided by the presiding officer, and any matter not put into
controversy by the parties, but only to the extent that the presiding
officer determines that a serious safety, environmental, or common
defense and security matter exists, and the Commission approves of an
examination of and decision on the matter upon its referral by the
presiding officer. Depending on the resolution of those matters, the
Commission, the Director, Office of Nuclear Reactor Regulation or
Director, Office of New Reactors, as appropriate, after making the
requisite findings, will issue, deny or appropriately condition the
license.
* * * * *
(c) Initial decision on finding under 10 CFR 52.103 with respect to
acceptance criteria in nuclear power reactor combined licenses. In any
initial decision under Sec. 52.103(g) of this chapter with respect to
whether acceptance criteria have been or will be met, the presiding
officer shall make findings of fact and conclusions of law on the
matters put into controversy by the parties to the proceeding, and on
any matters designated by the Commission to be decided by the presiding
officer. Matters not put into controversy by the parties shall be
referred to the Commission for its determination. The Commission may,
in its discretion, treat the matter as a request for action under Sec.
2.206 and process the matter in accordance with Sec. 52.103(f) of this
chapter. Depending on the resolution of those matters, the Commission,
the Director, Office of New Reactors or Director, Office of Nuclear
Reactor Regulation, as appropriate, will make the finding under Sec.
52.103 of this chapter, or appropriately condition that finding.
* * * * *
0
19. Section 2.403 is revised to read as follows:
Sec. 2.403 Notice of proposed action on applications for operating
licenses pursuant to appendix N of 10 CFR part 50.
In the case of applications pursuant to appendix N of part 50 of
this chapter for operating licenses for nuclear power reactors, if the
Commission has not found that a hearing is in the public interest, the
Commission, the Director, Office of New Reactors or Director, Office of
Nuclear Reactor Regulation, as appropriate will, prior to acting
thereon, cause to be published in the Federal Register, pursuant to
Sec. 2.105, a notice of proposed action with respect to each
application as soon as practicable after the applications have been
docketed.
Sec. 2.802 [ Amended]
0
20. In Sec. 2.802, the introductory text of paragraph (b), in two
places, change ``Rules and Directives Branch'' to read ``Rulemaking,
Directives, and Editing Branch''.
PART 30--RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF
BYPRODUCT MATERIAL
0
21. The authority citation for part 30 continues to read as follows:
Authority: Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948,
953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42
U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201, as
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.
5841, 5842, 5846); 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
22. In Sec. 30.6 paragraph (a)(1) is revised to read as follows:
Sec. 30.6 Communications.
(a) * * *
(1) By mail addressed: ATTN: Document Control Desk, Director,
Office of Federal and State Materials and Environmental Management
Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001.
* * * * *
0
23. In Sec. 30.33, paragraph (a)(5) is revised to read as follows:
Sec. 30.33 General requirements for issuance of specific licenses.
(a) * * *
(5) In the case of an application for a license to receive and
possess byproduct material for the conduct of any activity which the
Commission determines will significantly affect the quality of the
environment, the Director, Office of Federal and State Materials and
Environmental Management Program or his designee, before commencement
of construction of the plant or facility in which the activity will be
conducted, on the basis of information filed and evaluations made
pursuant to subpart A of part 51 of this chapter, has concluded, after
weighing the environmental, economic, technical, and other benefits
against environmental costs and considering available alternatives,
that the action called for is the issuance of the proposed license,
with any appropriate conditions to protect environmental values.
Commencement of construction prior to such conclusion shall be grounds
for denial of a license to receive and possess byproduct material in
such plant or facility. As used in this paragraph the term
``commencement of construction'' means any clearing of land,
excavation, or other substantial action that would adversely affect the
environment of a site. The term does not mean site exploration,
necessary roads for site exploration, borings to determine foundation
conditions, or other preconstruction monitoring or testing to establish
background information related to the suitability of
[[Page 5718]]
the site or the protection of environmental values.
* * * * *
0
24. In Sec. 30.55, paragraph (c) is revised to read as follows:
Sec. 30.55 Tritium reports.
* * * * *
(c) Except as specified in paragraph (d) of this section, each
licensee who is authorized to possess tritium shall report promptly to
the appropriate NRC Regional Office listed in appendix D of part 20 of
this chapter by telephone and telegraph, mailgram, or facsimile 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 10 curies of
such material at any one time or more than 100 curies of such material
in any one calendar year. The initial report shall be followed within a
period of fifteen (15) days by a written report submitted to the
appropriate NRC Regional Office which sets forth the details of the
incident and its consequences. Copies of such written report shall be
sent to the Director, Office of Federal and State Materials and
Environmental Management Programs, using an appropriate method listed
in Sec. 30.6(a). Subsequent to the submission of the written report
required by this paragraph, the licensee shall promptly inform the
Office of Federal and State Materials and Environmental Management
Programs by means of a written report of any substantive additional
information, which becomes available to the licensee, concerning an
attempted or apparent theft or unlawful diversion of tritium.
* * * * *
PART 31--GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL
0
25. The authority citation for part 31 continues 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). Section 31.6 also issued under
sec. 274, 73 Stat. 688 (42 U.S.C. 2021).
0
26. In Sec. 31.5, paragraphs (c)(5), (c)(8)(ii), (c)(9)(i), (c)(11),
and (c)(14) 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) * * *
(5) Shall immediately suspend operation of the device if there is a
failure of, or damage to, or any indication of a possible failure of or
damage to, the shielding of the radioactive material or the on-off
mechanism or indicator, or upon the detection of 185 bequerel (0.005
microcurie) or more removable radioactive material. The device may not
be operated until it has been repaired by the manufacturer or other
person holding a specific license to repair such devices that was
issued under parts 30 and 32 of this chapter or by an Agreement State.
The device and any radioactive material from the device may only be
disposed of by transfer to a person authorized by a specific license to
receive the byproduct material in the device or as otherwise approved
by the Commission. A report containing a brief description of the event
and the remedial action taken; and, in the case of detection of 0.005
microcurie or more removable radioactive material or failure of or
damage to a source likely to result in contamination of the premises or
the environs, a plan for ensuring that the premises and environs are
acceptable for unrestricted use, must be furnished to the Director,
Office of Federal and State Materials and Environmental Management
Programs, ATTN: GLTS, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001 within 30 days. Under these circumstances, the criteria
set out in Sec. 20.1402 of this chapter, ``Radiological criteria for
unrestricted use,'' may be applicable, as determined by the Commission
on a case-by-case basis;
* * * * *
(8) * * *
(ii) Shall, within 30 days after the transfer of a device to a
specific licensee or export, furnish a report to the Director, Office
of Federal and State Materials and Environmental Management Programs,
ATTN: Document Control Desk/GLTS, using an appropriate method listed in
Sec. 30.6(a) of this chapter. The report must contain--
* * * * *
(9) * * *
(i) The device remains in use at a particular location. In this
case, the transferor shall give the transferee a copy of this section,
a copy of Sec. 31.2, 30.51, 20.2201, and 20.2202 of this chapter, and
any safety documents identified in the label of the device. Within 30
days of the transfer, the transferor shall report to the Director,
Office of Federal and State Materials and Environmental Management
Programs, ATTN: Document Control Desk/GLTS, using an appropriate method
listed in Sec. 30.6(a) of this chapter--
* * * * *
(11) Shall respond to written requests from the Nuclear Regulatory
Commission to provide information relating to the general license
within 30 calendar days of the date of the request, or other time
specified in the request. 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, Office of Federal and State Materials and
Environmental Management Programs, by an appropriate method listed in
Sec. 30.6(a) of this chapter, a written justification for the request.
* * * * *
(14) Shall report changes to the mailing address for the location
of use (including change in name of general licensee) to the Director,
Office of Federal and State Materials and Environmental Management
Programs, ATTN: GLTS, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001 within 30 days of the effective date of the change. For a
portable device, a report of address change is only required for a
change in the device's primary place of storage.
* * * * *
0
27. In Sec. 31.11 paragraphs (b)(1) and (e) are 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, Office of Federal and State Materials and Environmental
Management Programs, by an appropriate method listed in Sec. 30.6(a)
of this chapter, and has received from the Commission a validated copy
of NRC Form 483 with a registration number assigned; or
* * * * *
(e) The registrant possessing or using byproduct materials under
the general license of paragraph (a) of this section shall report in
writing to the Director, Office of Federal and State Materials and
Environmental Management Programs, any changes in the information
furnished by him in the ''Registration Certificate--In Vitro Testing
With Byproduct Material Under General License.'' Form NRC-483. The
[[Page 5719]]
report shall be furnished within 30 days after the effective date of
such change.
* * * * *
PARTS 32--SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER
CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL
0
28. The authority citation for part 32 continues 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), Energy Policy Act of 2005, Pub. L. No. 109-58,
119 Stat. 594 (2005).
0
29. 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, Office of
Federal and State Materials and Environmental Management Programs 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
30. 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, Office of Federal and State Materials and
Environmental Management Programs 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
31. 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, Office of Federal and State Materials and Environmental
Management Programs 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
32. 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, Office of
Federal and State Materials and Environmental Management programs, by
an appropriate method listed in Sec. 30.6(a) of this chapter, with
copies to the appropriate NRC Regional Office listed in appendix D to
part 20 of this chapter.
* * * * *
0
33. In Sec. 32.29, the introductory text of paragraph (c) is revised
to read as follows:
Sec. 32.29 Conditions of licenses issued under Sec. 32.26: Quality
control, labeling, and reports of transfer.
* * * * *
(c) Maintain records and file a report with the Director, Office of
Federal and State Materials and Environmental Management Programs, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, with copies to the
appropriate NRC Regional Office listed in appendix D of part 20 of this
chapter.
* * * * *
34. In Sec. 32.52, 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, Office of Federal and
State Materials and Environmental Management Programs, ATTN: GLTS, by
an appropriate method listed in Sec. 30.6(a) of this chapter, 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. The report must be submitted
on a quarterly basis on NRC Form 653--``Transfers of Industrial Devices
Report'' or in a clear and legible report containing all of the data
required by the form.
* * * * *
0
35. Section 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, Office of Federal and State Materials and
Environmental Management Programs, by an appropriate method listed in
Sec. 30.6(a) of this chapter, which must state the total quantity of
tritium or promethium-147 transferred to persons generally licensed
under Sec. 31.7 of this chapter. The report must identify each general
licensee by name, state the kinds and numbers of luminous devices
transferred, and specify the quantity of tritium or promethium-147 in
each kind of device. Each report must cover the year ending June 30 and
must be filed within thirty (30) days thereafter.
0
36. 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 Office of Federal
and State Materials and Environmental Management Programs, by an
appropriate method listed in Sec. 30.6(a) of this chapter.
* * * * *
PART 34--LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY
REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS
0
37. The authority citation for part 34 continues 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). Section 34.45 also issued under sec. 206, 88
Stat. 1246, (42 U.S.C. 5846).
0
38. In Sec. 34.27, paragraph (d) is revised to read as follows:
Sec. 34.27 Leak testing and replacement of sealed sources.
* * * * *
(d) Any test conducted pursuant to paragraph (c) of this section
which reveals the presence of 185 Bq (0.005 microcurie) or more of
removable radioactive material must be considered evidence that the
sealed source is leaking. The licensee shall immediately withdraw the
equipment involved from use and shall have it decontaminated and
repaired or disposed of in accordance with Commission regulations. A
report must be filed with the Director, Office of Federal and State
Materials and Environmental Management Programs, 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
[[Page 5720]]
equipment involved, the test results, and the corrective action taken.
A copy of the report must be sent to the Administrator of the
appropriate Nuclear Regulatory Commission's Regional Office listed in
appendix D of 10 CFR part 20 of this chapter ``Standards for Protection
Against Radiation.''
* * * * *
0
39. In Sec. 34.43, paragraph (a)(1) is revised to read as follows:
Sec. 34.43 Training.
(a) * * *
(1) Has received training in the subjects in paragraph (g) of this
section, in addition to a minimum of 2 months of on-the-job training,
and is certified through a radiographer certification program by a
certifying entity in accordance with the criteria specified in appendix
A of this part. (An independent organization that would like to be
recognized as a certifying entity shall submit its request to the
Director, Office of Federal and State Materials and Environmental
Management Programs, by an appropriate method listed in Sec. 30.6(a)
of this chapter.); or
* * * * *
0
40. 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
Federal and State Materials and Environmental Management Programs, 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
41. The authority citation for part 35 continues 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
42. Section 35.3067 is revised to read as follows:
Sec. 35.3067 Report of a leaking source.
A licensee shall file a report within 5 days if a leak test
required by Sec. 35.67 reveals the presence of 185 Bq (0.005 [mu]Ci)
or more of removable contamination. The report must be filed with the
appropriate NRC Regional Office listed in Sec. 30.6 of this chapter,
by an appropriate method listed in Sec. 30.6(a) of this chapter, with
a copy to the Director, Office of Federal and State Materials and
Environmental Management Programs. The written report must include the
model number and serial number, if assigned, of the leaking source; the
radionuclide and its estimated activity; the results of the test; the
date of the test; and the action taken.
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL
0
43. The authority citation for part 40 continues to read as follows:
Authority: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68
Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs. 11e(2),
83, 84, Pub. L. 95-604, 92 Stat. 3033, as amended, 3039, sec. 234,
83 Stat. 444, as 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
44. In Sec. 40.5, paragraph (a)(1) is revised to read as follows:
Sec. 40.5 Communications.
(a) * * *
(1) By mail addressed: ATTN: Document Control Desk, Director,
Office of Federal and State Materials and Environmental Management
Programs, or Director, Office of Nuclear Security, or Director, Office
of Nuclear Security and Incident Response, as appropriate, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001.
* * * * *
0
45. In Sec. 40.25, the introductory text of paragraph (c)(1) and
paragraphs (c)(2) and (d)(4) are 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, Office
of Federal and State Materials and Environmental Management Programs,
by an appropriate method listed in Sec. 40.5, with a copy to the
appropriate NRC Regional Administrator. The form shall be submitted
within 30 days after the first receipt or acquisition of such depleted
uranium. The registrant shall furnish on NRC Form 244 the following
information and such other information as may be required by that form:
* * * * *
(2) The registrant possessing or using depleted uranium under the
general license established by paragraph (a) of this section shall
report in writing to the Director, Office of Federal and State
Materials and Environmental Management Programs, with a copy to the
Regional Administrator of the appropriate U.S. Nuclear Regulatory
Commission Regional Office listed in appendix D of part 20 of this
chapter, any changes in information furnished by him in the NRC Form
244 ``Registration Certificate--Use of Depleted Uranium Under General
License.'' The report shall be submitted within 30 days after the
effective date of such change.
(d) * * *
(4) Within 30 days of any transfer, shall report in writing to the
Director, Office of Federal and State Materials and Environmental
Management Programs, with a copy to the Regional Administrator of the
appropriate U.S. Nuclear Regulatory Commission Regional Office listed
in appendix D of part 20 of this chapter, the name and address of the
person receiving the source material pursuant to such transfer.
* * * * *
0
46. In Sec. 40.26, paragraph (c)(2) is revised to read as follows:
Sec. 40.26 General license for possession and storage of byproduct
material as defined in this part.
* * * * *
(c) * * *
(2) The documentation of daily inspections of tailings or waste
retention systems and the immediate notification of the appropriate NRC
regional office as indicated in appendix D to part 20 of this chapter,
or the Director, Office of Federal and State Materials and
Environmental Management Programs, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, of any failure in a tailings or waste retention
system that results in a release of tailings or waste into unrestricted
areas, or of any unusual conditions (conditions not
[[Page 5721]]
contemplated in the design of the retention system) that if not
corrected could lead to failure of the system and result in a release
of tailings or waste into unrestricted areas; and any additional
requirements the Commission may by order deem necessary. The licensee
shall retain this documentation of each daily inspection as a record
for three years after each inspection is documented.
* * * * *
0
47. In Sec. 40.32, paragraph (e) is revised to read as follows:
Sec. 40.32 General requirements for issuance of specific licenses.
* * * * *
(e) In the case of an application for a license for a uranium
enrichment facility, or for a license to possess and use source and
byproduct material for uranium milling, production of uranium
hexafluoride, or for the conduct of any other activity which the
Commission determines will significantly affect the quality of the
environment, the Director, Office of Federal and State Materials and
Environmental Management Programs or his designee, before commencement
of construction of the plant or facility in which the activity will be
conducted, on the basis of information filed and evaluations made
pursuant to subpart A of part 51 of this chapter, has concluded, after
weighing the environmental, economic, technical and other benefits
against environmental costs and considering available alternatives,
that the action called for is the issuance of the proposed license,
with any appropriate conditions to protect environmental values.
Commencement of construction prior to this conclusion is grounds for
denial of a license to possess and use source and byproduct material in
the plant or facility. As used in this paragraph, the term
``commencement of construction'' means any clearing of land,
excavation, or other substantial action that would adversely affect the
environment of a site. The term does not mean site exploration, roads
necessary for site exploration, borings to determine foundation
conditions, or other preconstruction monitoring or testing to establish
background information related to the suitability of the site or the
protection of environmental values.
* * * * *
0
48. In Sec. 40.35, paragraphs (e)(1) and (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, Office of Federal and State
Materials and Environmental Management Programs, 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.
Such report shall identify each general licensee by name and address,
an individual by name and/or position who may constitute a point of
contact between the Commission and the general licensee, the type and
model number of device transferred, and the quantity of depleted
uranium contained in the product or device. The report shall be
submitted within 30 days after the end of each calendar quarter in
which such a product or device is transferred to the generally licensed
person. If no transfers have been made to persons generally licensed
under Sec. 40.25 during the reporting period, the report shall so
indicate;
* * * * *
(f) Licensees required to submit emergency plans by Sec. 40.31(i)
shall follow the emergency plan approved by the Commission. The
licensee may change the plan without Commission approval if the changes
do not decrease the effectiveness of the plan. The licensee shall
furnish the change to the Director, Office of Federal and State
Materials and Environmental Management Programs, by an appropriate
method listed in Sec. 40.5, and to affected offsite response
organizations, within six months after the change is made. Proposed
changes that decrease the effectiveness of the approved emergency plan
may not be implemented without application to and prior approval by the
Commission.
0
49. In Sec. 40.65, 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, Office of Federal and State Materials
and Environmental Management Programs, 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; the 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. If quantities of
radioactive materials released during the reporting period are
significantly above the licensee's design objectives previously
reviewed as part of the licensing action, the report shall cover this
specifically. On the basis of such 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 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
0
50. The authority citation for part 50 continues 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.
5841). 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
51. 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, Director, Office of New
Reactors, or Director, Office of Nuclear Material Safety and
Safeguards, as appropriate.
* * * * *
[[Page 5722]]
0
52. In Sec. 50.55a, the introductory text of paragraph (a)(3) and
paragraph (g)(6)(ii)(A)(5) are revised to read as follows:
Sec. 50.55a Codes and standards.
(a) * * *
(3) Proposed alternatives to the requirements of paragraphs (c),
(d), (e), (f), (g), and (h) of this section or portions thereof may be
used when authorized by the Director, Office of Nuclear Reactor
Regulation, or Director, Office of New Reactors, as appropriate. The
applicant shall demonstrate that:
* * * * *
(g) * * *
(6) * * *
(ii) * * *
(A) * * *
(5) Licensees that make a determination that they are unable to
completely satisfy the requirements for the augmented reactor vessel
shell weld examination specified in paragraph (g)(6)(ii)(A) of this
section shall submit information to the Commission to support the
determination and shall propose an alternative to the examination
requirements that would provide an acceptable level of quality and
safety. The licensee may use the proposed alternative when authorized
by the Director, Office of Nuclear Reactor Regulation or Director,
Office of New Reactors, as appropriate.
* * * * *
0
53. In Sec. 50.61, paragraphs (a)(5) and (c)(3) are revised to read as
follows:
Sec. 50.61 Fracture toughness requirements for protection against
pressurized thermal shock events.
(a) * * *
(5) RTNDT(U) means the reference temperature for a reactor vessel
material in the pre-service or unirradiated condition, evaluated
according to the procedures in the ASME Code, Paragraph NB-2331 or
other methods approved by the Director, Office of Nuclear Reactor
Regulation or Director, Office of New Reactors, as appropriate.
* * * * *
(c) * * *
(3) Any information that is believed to improve the accuracy of the
RTPTS value significantly must be reported to the Director,
Office of Nuclear Reactor Regulation or Director, Office of New
Reactors, as appropriate. Any value of RTPTS that has been
modified using the procedures of paragraph (c)(2) of this section is
subject to the approval of the Director, Office of Nuclear Reactor
Regulation or Director, Office of New Reactors, as appropriate, when
used as provided in this section.
* * * * *
0
54. In Sec. 50.70, paragraph (b)(1) is revised to read as follows:
Sec. 50.70 Inspections.
* * * * *
(b)(1) Each licensee and each holder of a construction permit
shall, upon request by the Director, Office of Nuclear Reactor
Regulation or Director, Office of New Reactors, as appropriate, provide
rent-free office space for the exclusive use of the Commission
inspection personnel. Heat, air conditioning, light, electrical
outlets, and janitorial services shall be furnished by each licensee
and each holder of a construction permit. The office shall be
convenient to and have full access to the facility and shall provide
the inspector both visual and acoustic privacy.
* * * * *
0
55. In Sec. 50.75, paragraphs (h)(1)(iii), (h)(1)(iv), and (h)(2) are
revised to read as follows:
Sec. 50.75 Reporting and recordkeeping for decommissioning planning.
* * * * *
(h) * * *
(1) * * *
(iii) The trust, escrow account, Government fund, or other account
used to segregate and manage the funds may not be amended in any
material respect without written notification to the Director, Office
of Nuclear Reactor Regulation, Director, Office of New Reactors, or
Director, Office of Nuclear Material Safety and Safeguards, as
applicable, at least 30 working days before the proposed effective date
of the amendment. The licensee shall provide the text of the proposed
amendment and a statement of the reason for the proposed amendment. The
trust, escrow account, Government fund, or other account may not be
amended if the person responsible for managing the trust, escrow
account, Government fund, or other account receives written notice of
objection from the Director, Office of Nuclear Reactor Regulation,
Director, Office of New Reactors, or Director, Office of Nuclear
Material Safety and Safeguards, as applicable, within the notice
period; and
(iv) Except for withdrawals being made under Sec. 50.82(a)(8) or
for payments of ordinary administrative costs (including taxes) and
other incidental expenses of the fund (including legal, accounting,
actuarial, and trustee expenses) in connection with the operation of
the fund, no disbursement or payment may be made from the trust, escrow
account, Government fund, or other account used to segregate and manage
the funds until written notice of the intention to make a disbursement
or payment has been given to the Director, Office of Nuclear Reactor
Regulation, Director, Office of New Reactors, or Director, Office of
Nuclear Material Safety and Safeguards, as applicable, at least 30
working days before the date of the intended disbursement or payment.
The disbursement or payment from the trust, escrow account, Government
fund or other account may be made following the 30-working day notice
period if the person responsible for managing the trust, escrow
account, Government fund, or other account does not receive written
notice of objection from the Director, Office of Nuclear Reactor
Regulation, Director, Office of New Reactors, or Director, Office of
Nuclear Material Safety and Safeguards, as applicable, within the
notice period. Disbursements or payments from the trust, escrow
account, Government fund, or other account used to segregate and manage
the funds, other than for payment of ordinary administrative costs
(including taxes) and other incidental expenses of the fund (including
legal, accounting, actuarial, and trustee expenses) in connection with
the operation of the fund, are restricted to decommissioning expenses
or transfer to another financial assurance method acceptable under
paragraph (e) of this section until final decommissioning has been
completed. After decommissioning has begun and withdrawals from the
decommissioning fund are made under Sec. 50.82(a)(8), no further
notification need be made to the NRC.
(2) Licensees that are ``electric utilities'' under Sec. 50.2 that
use prepayment or an external sinking fund to provide financial
assurance shall include a provision in the terms of the trust, escrow
account, Government fund, or other account used to segregate and manage
funds that except for withdrawals being made under Sec. 50.82(a)(8) or
for payments of ordinary administrative costs (including taxes) and
other incidental expenses of the fund (including legal, accounting,
actuarial, and trustee expenses) in connection with the operation of
the fund, no disbursement or payment may be made from the trust, escrow
account, Government fund, or other account used to segregate and manage
the funds until written notice of the intention to make a disbursement
or payment has been given the Director, Office of Nuclear Reactor
Regulation, Director, Office of New Reactors, or Director, Office of
Nuclear Material Safety and Safeguards, as applicable, at least 30
working days before the date of the intended
[[Page 5723]]
disbursement or payment. The disbursement or payment from the trust,
escrow account, Government fund or other account may be made following
the 30-working day notice period if the person responsible for managing
the trust, escrow account, Government fund, or other account does not
receive written notice of objection from the Director, Office of
Nuclear Reactor Regulation, Director, Office of New Reactors, or
Director, Office of Nuclear Material Safety and Safeguards, as
applicable, within the notice period. Disbursements or payments from
the trust, escrow account, Government fund, or other account used to
segregate and manage the funds, other than for payment of ordinary
administrative costs (including taxes) and other incidental expenses of
the fund (including legal, accounting, actuarial, and trustee expenses)
in connection with the operation of the fund, are restricted to
decommissioning expenses or transfer to another financial assurance
method acceptable under paragraph (e) of this section until final
decommissioning has been completed. After decommissioning has begun and
withdrawals from the decommissioning fund are made under Sec.
50.82(a)(8), no further notification need be made to the NRC.
* * * * *
0
56. In Appendix G, Section I, the note paragraph is revised, in Section
III, paragraphs A and B are revised, and in Section IV, paragraphs
A.1.a. and A.1.c. are revised to read as follows:
Appendix G to Part 50--Fracture Toughness Requirements
* * * * *
I. Introduction and Scope
* * * * *
Note: The adequacy of the fracture toughness of other ferritic
materials not covered in this section must be demonstrated to the
Director, Office of Nuclear Reactor Regulation or the Director,
Office of New Reactors, as appropriate, on an individual case basis.
* * * * *
III. Fracture Toughness Tests
A. To demonstrate compliance with the fracture toughness
requirements of section IV of this appendix, ferritic materials must
be tested in accordance with the ASME Code and, for the beltline
materials, the test requirements of appendix H of this part. For a
reactor vessel that was constructed to an ASME code earlier than the
Summer 1972 Addenda of the 1971 Edition (under Sec. 50.55a), the
fracture toughness data and data analysis must be supplemented in a
manner approved by the Director, Office of Nuclear Reactor
Regulation or Director, Office of New Reactors, as appropriate, to
demonstrate equivalence with the fracture toughness requirements of
this appendix.
B. Test methods for supplemental fracture toughness tests
described in paragraph IV.A.1.b of this appendix must be submitted
to and approved by the Director, Office of Nuclear Reactor
Regulation or Director, Office of New Reactors, as appropriate,
prior to testing.
* * * * *
IV. Fracture Toughness Requirements
A. * * *
1. * * *
a. Reactor vessel beltline materials must have Charpy upper-
shelf energy \1\ in the transverse direction for base material and
along the weld for weld material according to the ASME Code, of no
less than 75 ft-lb (102 J) initially and must maintain Charpy upper-
shelf energy throughout the life of the vessel of no less than 50
ft-lb (68 J), unless it is demonstrated in a manner approved by the
Director, Office of Nuclear Reactor Regulation or Director, Office
of New Reactors, as appropriate, that lower values of Charpy upper-
shelf energy will provide margins of safety against fracture
equivalent to those required by Appendix G of Section XI of the ASME
Code. This analysis must use the latest edition and addenda of the
ASME Code incorporated by reference into Sec. 50.55a(b)(2) at the
time the analysis is submitted.
---------------------------------------------------------------------------
\1\ Defined in ASTME 185-79 and -82 which are incorporated by
reference in appendix H to part 50.
---------------------------------------------------------------------------
* * * * *
c. The analysis for satisfying the requirements of section
IV.A.1 of this appendix must be submitted, as specified in Sec.
50.4, for review and approval on an individual case basis at least
three years prior to the date when the predicted Charpy upper-shelf
energy will no longer satisfy the requirements of section IV.A.1 of
this appendix, or on a schedule approved by the Director, Office of
Nuclear Reactor Regulation or Director, Office of New Reactors, as
appropriate.
* * * * *
0
57. In Appendix H, Section III, the introductory text of paragraph C.1
and paragraph C.3 are revised to read as follows:
Appendix H to Part 50--Reactor Vessel Material Surveillance Program
Requirements
* * * * *
III. Surveillance Program Criteria
* * * * *
C. * * *
1. In an integrated surveillance program, the representative
materials chosen for surveillance for a reactor are irradiated in
one or more other reactors that have similar design and operating
features. Integrated surveillance programs must be approved by the
Director, Office of Nuclear Reactor Regulation or the Director,
Office of New Reactors, as appropriate, on a case-by-case basis.
Criteria for approval include the following:
* * * * *
3. After (the effective date of this section), no reduction in
the amount of testing is permitted unless previously authorized by
the Director, Office of Nuclear Reactor Regulation or the Director,
Office of New Reactors, as appropriate.
* * * * *
0
58. In Appendix J, Section V, paragraph B.2 is revised to read as
follows:
Appendix J to Part 50--Primary Reactor Containment Leakage Testing for
Water-Cooled Reactors
* * * * *
V. Application
* * * * *
B. * * *
2. A licensee or applicant for an operating license under this
part or a combined license under part 52 of this chapter may adopt
Option B, or parts thereof, as specified in Section V.A of this
appendix, by submitting its implementation plan and request for
revision to technical specifications (see paragraph B.3 of this
section) to the Director, Office of Nuclear Reactor Regulation or
Director, Office of New Reactors, as appropriate.
* * * * *
PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC
LICENSING AND RELATED REGULATORY FUNCTIONS
0
59. The authority citation for part 51 continues 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
60. In Sec. 51.4, the definition of NRC Staff Director is revised to
read as follows:
Sec. 51.4 Definitions.
* * * * *
[[Page 5724]]
NRC Staff Director means:
Executive Director for Operations;
Director, Office of Nuclear Reactor Regulation;
Director, Office of New Reactors;
Director, Office of Nuclear Material Safety and Safeguards;
Director, Office of Federal and State Materials and Environmental
Management Programs;
Director, Office of Nuclear Regulatory Research;
Director, Office of Governmental and Public Affairs; and
The designee of any NRC staff director.
0
61. In Sec. 51.40, paragraph (c)(1) is revised to read as follows:
Sec. 51.40 Consultation with NRC staff.
* * * * *
(c) * * *
(1) Utilization facilities: ATTN: Document Control Desk, Director,
Office of Nuclear Reactor Regulation or Director, Office of New
Reactors, as appropriate, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone (301) 415-1270, e-mail
nrc.gov">RidsNrrOd@nrc.gov.
* * * * *
0
62. In Sec. 51.105, paragraph (a)(5) is revised to read as follows:
Sec. 51.105 Public hearings in proceedings for issuance of
construction permits or early site permits.
(a) * * *
(5) Determine, in a contested proceeding, whether in accordance
with the regulations in this subpart, the construction permit or early
site permit should be issued as proposed by the NRC's Director, Office
of New Reactors or Director, Office of Nuclear Reactor Regulation, as
appropriate.
* * * * *
0
63. Section 51.105a is revised to read as follows:
Sec. 51.105a Public hearings in proceedings for issuance of
manufacturing licenses.
In addition to complying with applicable requirements of Sec.
51.31(c), in a proceeding for the issuance of a manufacturing license,
the presiding officer will determine whether, in accordance with the
regulations in this subpart, the manufacturing license should be issued
as proposed by the NRC's Director, Office of New Reactors or Director,
Office of Nuclear Reactor Regulation, as appropriate.
0
64. In Sec. 51.107, paragraph (a)(5) is revised to read as follows:
Sec. 51.107 Public hearings in proceedings for issuance of combined
licenses.
(a) * * *
(5) Determine, in a contested proceeding, whether in accordance
with the regulations in this subpart, the combined license should be
issued as proposed by the NRC's Director, Office of New Reactors or
Director, Office of Nuclear Reactor Regulation, as appropriate.
* * * * *
0
65. In Sec. 51.121, paragraph (a) is revised to read as follows:
Sec. 51.121 Status of NEPA actions.
(a) Utilization facilities: ATTN: Document Control Desk, Director,
Office of Nuclear Reactor Regulation or Director, Office of New
Reactors, as appropriate, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone (301) 415-1270, e-mail
nrc.gov">RidsNrrOd@nrc.gov.
* * * * *
PART 52--EARLY SITE PERMITS; STANDARD DESIGN CERTIFICATIONS; AND
COMBINED LICENSES FOR NUCLEAR POWER PLANTS
0
66. The authority citation for part 52 continues 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
67. Section 52.35 is revised to read as follows:
Sec. 52.35 Use of site for other purposes.
A site for which an early site permit has been issued under this
subpart may be used for purposes other than those described in the
permit, including the location of other types of energy facilities. The
permit holder shall inform the Director, Office of New Reactors or
Director, Office of Nuclear Reactor Regulation, as appropriate,
(Director) of any significant uses for the site which have not been
approved in the early site permit. The information about the activities
must be given to the Director at least 30 days in advance of any actual
construction or site modification for the activities. The information
provided could be the basis for imposing new requirements on the
permit, in accordance with the provisions of Sec. 52.39. If the permit
holder informs the Director that the holder no longer intends to use
the site for a nuclear power plant, the Director may terminate the
permit.
0
68. In Sec. 52.75, paragraph (a) is revised to read as follows:
Sec. 52.75 Filing of applications.
(a) Any person except one excluded by Sec. 50.38 of this chapter
may file an application for a combined license for a nuclear power
facility with the Director, Office of New Reactors or Director, Office
of Nuclear Reactor Regulation, as appropriate.
* * * * *
PART 55--OPERATOR'S LICENSES
0
69. The authority citation for part 55 continues 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
70. In Sec. 55.5, paragraph (a)(1) and (b)(1) and the introductory
text of paragraph (b)(2) are revised to read as follows:
Sec. 55.5 Communications.
(a) * * *
(1) By mail addressed to--Director, Office of Nuclear Reactor
Regulation or Director, Office of New Reactors, as appropriate, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001; or
* * * * *
(b)(1) Except for test and research reactor facilities, the
Director, Office of Nuclear Reactor Regulation or Director, Office of
New Reactors, as appropriate, has delegated to the Regional
Administrators of Regions I, II, III, and IV authority and
responsibility under the regulations in this part for the issuance and
renewal of licenses for operators and senior operators of nuclear power
reactors licensed under 10 CFR part 50 or part 52 of this chapter and
located in these regions.
(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 or part 52 of this chapter 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, Office of New Reactors or
Director, Office of Nuclear Reactor
[[Page 5725]]
Regulation, as appropriate, any matter that is not within the scope of
the Regional Administrator's delegated authority.
* * * * *
PART 61--LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE
WASTE
0
71. The authority citation for part 61 continues 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
72. In Sec. 61.2, the definition of Director is revised to read as
follows:
Sec. 61.2 Definitions.
* * * * *
Director means the Director, Office of Federal and State Materials
and Environmental Management Programs, U.S. Nuclear Regulatory
Commission.
* * * * *
0
73. 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 Federal and State Materials and Environmental
Management Programs, 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 nrc.gov">EIE@nrc.gov, or by writing the
Office of Information Services, 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
74. In Sec. 61.80, 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, Office of Federal and State Materials and
Environmental Management Programs, by an appropriate method listed in
Sec. 60.4 of this chapter, with a copy to the appropriate NRC Regional
Office shown in appendix D to part 20 of this chapter. Reports must be
submitted by the end of the first calendar quarter of each year for the
preceding year.
* * * * *
PART 62--CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-
FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES
0
75. The authority citation for part 62 continues 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
76. 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 Federal and State Materials and Environmental
Management Programs, 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 nrc.gov">EIE@nrc.gov, or by writing the
Office of Information Services, 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
77. The authority citation for part 73 continues to read as follows:
PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS
Authority: Secs. 53, 161, 149, 68 Stat. 930, 948, as amended,
sec. 147, 94 Stat. 780 (42 U.S.C. 2073, 2167, 2169, 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); Energy Policy Act of 2005, Pub. L.
109-58, 119 Stat. 594 (2005). 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
78. In Sec. 73.4, paragraph (a) is revised to read as follows:
Sec. 73.4 Communications.
* * * * *
(a) By mail addressed to: ATTN: Document Control Desk, Director,
Office of Nuclear Reactor Regulation, Director, Office of New Reactors,
Director, Office of Nuclear Material Safety and Safeguards, or
Director, Division of Nuclear Security, Office of Nuclear Security and
Incident Response, as appropriate, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001;
* * * * *
PART 75--SAFEGUARDS ON NUCLEAR MATERIAL--IMPLEMENTATION OF US/IAEA
AGREEMENT
0
79. The authority citation for part 75 continues 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
80. In Sec. 75.6, paragraphs (b) and (c) are revised to read as
follows:
Sec. 75.6 Maintenance of records and delivery of information,
reports, and other communications.
* * * * *
[[Page 5726]]
(b) If an installation is a nuclear power plant or a non-power
reactor for which a construction permit or operating license has been
issued, whether or not a license to receive and possess nuclear
material at the installation has been issued, the cognizant Director is
the Director, Office of New Reactors, or Director, Office of Nuclear
Reactor Regulation, as appropriate. For all other installations, the
cognizant Director is the Director, Office of Nuclear Material Safety
and Safeguards, or Director, Office of Federal and State Materials and
Environmental Management Programs, as appropriate.
(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, Director, Office
of New Reactors, Director, Office of Federal and State Materials and
Environmental Management Programs, or Director, Office of 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 nrc.gov">EIE@nrc.gov, or by writing the Office of Information
Services, 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 100--REACTOR SITE CRITERIA
0
81. The authority citation for part 100 continues 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); 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
82. 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 or Director, Office of
New Reactors, 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 nrc.gov">EIE@nrc.gov, or
by writing the Office of Information Services, 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 140--FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY
AGREEMENTS
0
83. The authority citation for part 140 continues 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); Pub. L. 109-58.
0
84. Section 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, Director, Office of New
Reactors, Director, Office of Federal and State Materials and
Environmental Management Programs, 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
nrc.gov">EIE@nrc.gov, or by writing the Office of Information Services, 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
85. Section 140.6, 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, Office of Nuclear Reactor Regulation,
Director, Office of New Reactors, Director, Office of Federal and State
Materials and Environmental Management Programs, or Director, 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. The terms the radioactive material, the location, and
in the course of transportation as used in this section shall have the
meanings defined in the applicable indemnity agreement between the
licensee and the Commission.
* * * * *
PART 150--EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN
AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274
0
86. The authority citation for part 150 continues to read as follows:
[[Page 5727]]
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
87. 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
Federal and State Materials and Environmental Management Programs, 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 nrc.gov">EIE@nrc.gov, or
by writing the Office of Information Services, 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
88. In Sec. 150.16, paragraph (b)(2) is revised to read as follows:
Sec. 150.16 Submission to Commission of nuclear material transfer
reports.
* * * * *
(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 to
the Director, Office of Federal and State Materials and Environmental
Management Programs, with a copy to the appropriate NRC Regional
Office, shown in appendix A to part 73 of this chapter.
* * * * *
0
89. In Sec. 150.19, paragraph (c) is revised to read as follows:
Sec. 150.19 Submission to Commission of tritium reports.
* * * * *
(c) Except as specified in paragraph (d) of this section, each
person who, pursuant to an Agreement State license, is authorized to
possess tritium shall report promptly to the appropriate NRC Regional
Office as shown in appendix D of part 20 of this chapter by telephone
and telegraph, mailgram, or facsimile 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 10 curies of such material at any one
time or 100 curies of such material in any one calendar year. 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
Federal and State Materials and Environmental Management Programs,
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. Subsequent to the submission of the written report
required by this paragraph, each person subject to the provisions of
this paragraph shall promptly inform the appropriate NRC Regional
Office by means of a written report of any substantive additional
information, which becomes available to such person, concerning an
attempted or apparent theft or unlawful diversion of tritium.
* * * * *
Dated at Rockville, Maryland, this 18th day of January, 2008.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. E8-1646 Filed 1-30-08; 8:45 am]
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