ML19261C387
| ML19261C387 | |
| Person / Time | |
|---|---|
| Issue date: | 02/07/1979 |
| From: | Minogue R NRC OFFICE OF STANDARDS DEVELOPMENT |
| To: | |
| Shared Package | |
| ML19261C376 | List: |
| References | |
| REF-10CFR9.7 SECY-79-105, NUDOCS 7903220371 | |
| Download: ML19261C387 (28) | |
Text
.
February 7, 1979 SECY-79-105 umrao snits NUCLEAR REGULATORY COMMISSION CONSENT CALENDAR ITEM For:
The Commissioners From:
Robert B. Minogue, Director, Office of Standards Development Thru:
Executive Director for Operations, s
L+
Subiect:
EFFECTIVE AMENDMENTS TO 10 CFR PARTS 30, 40 AND 70 TIMELY NOTIFI-CATION OF DISCONTINUED LICENSED PROGRAMS
Purpose:
To obtain Commission approval of a notice of final rulemaking that would require fuel cycle and materials licensees to notify NRC when they decide to discontinue a licensed program.
Catecory:
This paper covers a minor policy question.
Discussion:
On July 5, 1978 the Commission approved for publication in the Federal Register a notice of proposed rulemaking (SECY-78-284A) tnat would require Parts 30, 40 and 70 licensees to notify NRC when they decide to permanently discontinue all activities involving materials authorized under a license.
Copies of the proposed rule were sent to all Parts 30, 40 and 70 licensees.
Thirty-one comment letters were received.
Nineteen commenters favored the proposal without qualification.
Four commenters favored the proposal but suggested minor changes in the wording of the rule.
Seven commenters objected to the proposal.
Enclo-sure 5 is a summary and analysis of the comments.
The ccmments are also discussed in Enclosure 1 which is the Federal Register notice of final rulemaking.
Basically, those objecting to the proposed rule were categorically opposed to the burden of any reporting requirement.
Two of those objecting suggested the alternatives of an NRC questionnaire or voluntary reporting coupled with a prorated return of the license fee.
Two others pointed out the problem where an illness or death would prevent a licensee from reporting.
In summary, the staff response to these commenters is that the simple reporting requirement is a small but necessary burden; a questionnaire would be expensive and would be of questionable effectiveness; and there is no unused portion of the license fee to return, under the new fee-for-service licensing program.
Regarding the question of illness or death preventing reporting, tne number of individual licensees is small and they are usually medically-oriented so that the types of materials authorized involve small quantities of short-lived radioisotopes wnich would not present a long-term contamination preolem.
Contact:
E. Podolak 7 9 0 3 2 2 0 3M 443-5860
The Commissioners 2
Recommendations:
The Ccmmission:
1.
Acorove a notice of a final rule (Enclosure 1) that would require fuel cycle and materials licensees to notify NRC when they decide to discontinue a licensed program.
2.
Note:
a.
The amendment would be published in the Federal Register to be effective in 60 days; b.
All affected licensees and the appropriate congressional committees will be informed; c.
A public announcement such as Enclosure 6 will be issued when the final rule is filed with the Office of the Federal Register; d.
Clearance of the recordkeeping requirements by the General Accounting Office will be obtained prior to the effective date of the amendments; Coordination:
The Offices of Nuclear Material Safety and Safeguards, Inspection and Enforcement, State Programs, Policy Evaluation, and the Divi-sian of Rules and Records concur in the recommendation of this paper.
The Office of Executive Legal Director and General Coun-sel have no legal objection.
The draft public announcement was prepared by the Office of Public Affairs.
OCA concurs.
j
,/. e....
Robert B. Minogue, Director Office of Standards Development
Enclosures:
1.
Federal Register Notice of Final Rulemaking 2.
Federal Register Notice of Proposed Rulemaking 3.
Oraft Congressional Letter 4.
GA0 Report Justification Analysis /Value Imoact Analysis 5.
Summary and Analysis of Public Comments 6.
Draft Public Announcement Commissioners' comments or consent should be provided directly to the Office of the Secretary by c.o.b. Friday. February 23, 1979.
Commission Staff Office comments, if any, should be submitted to the Commissioners NLT February 16, 1979, with an informaticn copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
This paper is tentatively scheduled for affirmation at an Open Meeting during the Week of February 26, 1979.
Please refer to the appropriate Weekly Commission Schedule, wnen published, for a specific date and time.
DISTRIBUTION:
Commissioners Commission Staff Offices Exec. Dir. for Opers.
Regional Offices ACRS Secretariat 4
O ENCLOSURE 1
[7590-01]
Title 10 - Energy CHAPTER I - NUCLEAR REGULATORY CCPMISSION PART 30 - RULES OF GENERAL APPLICABILITY TO LICENSING OF BYPRODUCT MATERIAL PART 40 - LICENSING OF SOURCE MATERIAL PART 70 - SPECIAL NUCLEAR MATERIAL Timely Notification of Discontinued Licensed Activities AGENCY:
U.S. Nuclear Regulatory Commission (NRC)
ACTION:
Final rule.
SUMMARY
The Nuclear Regulatory Commission is amending its regulations to require licensees to notify the Commission when they decide to permanently discontinue all activities involving materials authorized under a license. This will allow NRC to terminate ;he license in an orderly and timely mannner.
EFFECTIVE DATE:
NOTE:
The Nuclear Regulatory Commission has submitted this rule the Comptroller General for review under the Federal Reports Act, as amended, 44 U.S.C. 3512.
The date on which the rule becomes effective, unless advised to the contrary, accordingly reflects inclusion of the 45 day period which that statute allows for this review (44 U.S.C.
3512(c)(2)).
FOR FURTHER I" FORMATION CONTACT:
Edward Podolak, Office of Standards Development, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555, phone 301-443-5860.
< Insert date 60 days from publication in Federal Register.
1 Enclosura 1
[7590-01]
SUPPLEMENTARY INFORMATION:
NRC issues licenses for the use of byproduct, source, and special nuclear materials
- under 10 CFR Parts 30, 40 and 70 respectively.
The usual term for these licenses is five years.
At five year intervals the licensee must submit an application for renewal of the license.
If the application is found satisfactory after review by NRC, the license can be renewed far another five year term.
Under the preser.t system, NRC sometimes does not discover that a licensee has discontinued a licensed program, and perhaps even vacated the premises, until an inspection or the end of the five year license term.
The NRC needs to communicate with the licensees, on a timely basis, regarding disposition of the licensed material and cleanup of the facility.
In order to remedy this, on July 27, 1978, the NRC published for 45-days public comment proposed amendments (43 FR 27995) to Parts 30, 40 and 70 that would require licensees to notify NRC when they decide AThe term byproduct material means (1) any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material, and (2) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content.
The term scurce material means (1) uranium, thorium, or any combination thereof, in any physical or chemical form, or (2) ores which contain by weight one-twentieth of one percent (0.05 percent) or more of (i) uranium, (ii) thorium, or (iii) any combination thereof.
Source material does not include special nuclear material.
Special nuclear material means (1) plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, or (2) any material artificially enriched by any of the foregoing, but does not include source materia'.
2
[7590-01]
to permanently discontinue all activities involving materials auth-orized under a license.
The FEDERAL REGISTER notice explained that this means all activities authorized under a license identified by a unique NRC license number and that notification is not required if only a part of a program is to be discontinued or if it is expected that a program will be reinstated before the license expires.
For example, if an academic institution has several licenses and decides to permanently discontinue all activites authorized under one license, say a Part 35 medical program, the licensee will have to notify NRC.
If the institution decides to discontinue that medical program, but believes it may reinstate the program before the license expires, notification to NRC will not be necessary.
If the institution decides to discontinue a portion, but not all of the activities authorized under that Part 35 medical license, notification to NRC will not be necessary.
Copies of the proposed rule were sent to all NRC Parts 30, 40 and 70 licensees.
Thirty-one comment letters were received.
Nineteen commenters favored the proposal without qualification.
Four commenters favored the proposal but suggested minor changes in the wording of the rule.
Seven commenters objected to the proposal.
The final rule is identical to the proposed rule except for removing the gender specific pronoun "he".
DISCUSSION OF COMMENTS Three commenters objected to the proposed rule because of the paperwork burden.
3
[7500-01]
Thr. Commission believes that the time and expense of notifying NRC about a decision to discontinue a licensed program is minimal.
Further, the Commission believes that beginning a dialogue with the licensee on a timely basis will save t'oth parties the unnecessary expense of last minute or even af ter-the-fact decommissioning problems.
Two commenters objected to the croposed rule because of their con-cern about an individual licensee being unable to notify the NRC due to illness or death.
One of these commenters questioned if a penalty would apply under these circumstances.
The number of individual licensees is small and they are usually raedically-oriented so that the types of materials authorized involve small quantities of short-lived radioisotopes which would not present a long-term contamination problem.
Penalties are not usually assessed for failure to notify NRC unless this failure results in a significant health hazard or threat to the common defense and security.
The Commission does not believe that the possibility or consequence of a failure to notify NRC because of illness or death of a licensee war-rants abandoning the rule.
One ccamenter suggested that a simple questionnaire regarding the status of each license would suffice.
The Commission believes that the cost of periodic questionnaires would far exceed the cost of the notification requirement.
If a ques-tionnaire is perceived as a nuisance, compliance would be low and the cost of NRC followup would be high.
4
[7590-01]
One'commenter suggested that the Commission encourage licensees to notify NRC by offering a prorated return of the license fee.
A prorated return of the license fee is not possible under the new fee-for-service system.
Licensees are now charged separately for the cost of reviewing license applications, the cost of reviewing license amendment applications and the cost of inspections.
There-fore, there is no unused portion of the application fee to refund to a licensee who decides to discontinue a program.
FINAL RULE In accordance with $s 30.6, 40.5 and 70.5, the written notifica-tion that will be required under these amendments should be addressed to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555 or may be delivered in person to the Ccmmission's offices at 1717 H Street, NW., Washington, DC; or 7910 Eastern Avenue, Silver Spring, MD.
Under the Atomic Energy Act of 1954, as amended, the Energy Reorgan-ization Act of 1974, as amended, and Sections 552 and 553 of Title 5 of the United States Code, the following amendments to Title 10, Chapter I, Code of Federal Regulations, Parts 30, 40 and 70, are published as a document subject to codification.
1.
A new paragraph (f) is added to 6 30.34 to read as follows:
6 30.34 Terms and conditions of licenses.
x x
x x
x 5
[7590-01]
(f) Each licensee shall notify the Commission in writing when the licensee decides to permanently discontinue all activities involv-ing materials authorized under the license.
This notification require-ment applies to all specific licenses issued under this Part and Parts 32-35 of this chapter.
a a
2.
A new paragraph (f) is added to 5 40.11 to read as follows:
g 40.41 Terms and conditions of licenses a
x x
x (f) Each licensee shall notify the Commission in writing when the licensee decides to permanently discontinue all activities involv-ing materials authorized under the license.
This notification require-ment applies to all specific licenses issued under this Part.
a x
3.
A new paragraph (h) is added to 6 70.32 to read as follows:
$ 70.32 Conditions of licenses
=
x (h) Each licensee shall notify the Commission in writing when the licensee decides to permanently discontinue all activities involv-ing materials authorized under the license.
This notification require-ment applies to all specific licenses issued under this Part.
x 6
[7590-01]
[Section 1610, e'Lt. L.83-703, 68 Stat. 948 (42 USC 2201)]
Dated at Washington, D.C., this day of 1979.
For the Nuclear Regulatory Commission.
Samuel J. Chilk Secretary of the Commission 7
,-- J PRCFCSED RULES
.x.-to pe mw.ently discon*inue s!! E ;!and Executive Park. Burlingten.
To prevent posmie tait rotor ir.stati;:ty Vlis. ties i:'.Voiving maf erials auther-2.! ass. 015 33.
accor:ansh the followir a-6 ~ed "[=k h [he [jCens*' "'$
"Y ['"}[1 ; c$ c.
FOR FURTHER INFORMATION months, wh:che.er comes first. afar tre er.
de J
- Li#
With!n OcG h0urs tirne in se..f:e. or 3 tion t ui e nent applies t 1:
lic a...s es.'s".* 2 ur.~*
- t.*".s Q..,,.,,A C fee: m d m i en:s AD. mess amey so
- 3. A new pa-trraph 'M :s : dded to
. Nil iam Gar cck. Airframe Sec-comp:.sned. com;:eee the fcucm7r (as inst 2:: :-pro.ed abraaen ste:cs. sur.
170.3.; to read as fo:::ws:
tion. /J E-210.
Engineering and sky mocr. cat.on L:t 580 0-10002.a11. cn
?.tanufacturmg Bran:h.
Flight tad roter b;2ces. P/N's S1615-3013-3.
-4.
,,0.,,.,
s.aciacns of L.cmes.
3.andards Division. Federal Aviat:on
-t -10. -11. -15. -lo. -041.
047 ar.: 043.
Administrat;cn.
New E.niand TM CJCin0 M"
'3 C" M DY M ~5%Y w
s e m tm 25.n R e -~.... 1 a..New -...".a nd rx. -.'tiva (h) Eich !! censer sha:i co::fy the Pars. Bur:ing*on. Mass. 01:03. tele.
tb> 1r.atMI Siw:.u :or:rci rod usemtiy.
P/N 53400-54010-101. Thu meetsu:n ;s Commissten :n writing shen he de.
phone 617-273-733.
covered by Smarsky sernce Met:n No.
cides to permanent:y d.iscontinue all SUPPLEMZNTARY INFORMATION: Sa m at:!v!!;es involvi,ng ~.2:er:212 au thor-fred under the cense. T. :s notifaa-In;erested persons are inv;ted to par. (Sees 313(a). 531. 603. of the Feders! A'.1 tic 1 requirement app.:es 03 all specine ticipate in the making of the pre"acsed atten Ac: of 1953 as arnended (49 U.5 C.'
13e
%.,,.. su mitting such a.r:tten data.
1354, a).1421.14:3 >. see. 6(c). Department et w
licenses issued under :his part.
Trar.sportation Act #49 U.S.C. IS$5ien.14 views, or arguments as they may CTR 11.39.)
(Sec.151o. Puo. L.83-703. 63 Stat. 948 (42 desire. Communications should identi-U.S.C. 2 01u fy the regulatory docket number and Issued in Bur:maton. Mass. on July Dated at '.hshingtoc. D.C., this 21st be submitted in duplicate to the ad-18.1973.
day of July 1973.
dress 57ecified above. All communica-Romt E. WH: mc on.
For the Nuclear Regulatory Com-tions received en cr before the closing Directot Nm Lig!cnd Repton.
missicn.
date for comments will be considered CFR Doc. 78-hi:5 FueJ 7 06-73: 8:45 aml Serrt:.,,. C:n:cc.
by the Ad:ninistrator before taking Secretcry c/the Communan.
action on the proposed rule. The pro-CFR Occ. T?-M200 F:!ed 7-25-73: 3.45 a.11 ck. 3# 3=t31ned in thiJ notice may be [4910-13]
ange
,.n the Imht of comments. re.
_ ceivec. All comments submi::ed will be *
. I b '"J' **d 391 ay1 Cable, bcth before and after tht o
closing date-for comments;in the rules IDOCV "
" ** 17*ACI MPAUMENT OF TRAN5?C2TATICN d:cket for examina:!cn by interested A;2wca.c oarcipets persons. A report surnmarizmg each Federei Aviation Afr=ricistrstio" FAA pub!!c contact. concerned with Hicer Medee U*,*. !.'s et JH-121 Medcop*ers 94 cre p.,,39]
the substance of the preposed AD. wil.
Sh M " Mwes be !!!ed in the rules There have been reports cf m, docket.
AGENCY: Ft-e Y intion Adminis.
IDocket No.,.5-c.-15,4 t-eidents where tration (FAA,
T-At2.vc2TalN!s2 :::tCtrias the ta:1 retor has vibra:Od excessively.
generally associated with approaches ACTION.,
.v of snoes'ry Modeis 5-53 37, 5-!!pT. 5-!!f7. 5-to Ianding and structural damage has rul.* making.
, proposed SUT. 5-33Hr, and s-32JT meds.pters been found that Indicates the occur-SU'.O.IARY: b.murthiness direc-AGENCY. Feder.1.v.ta.cn Adminis-rence of tai! rc:Or instability. The de*
tive (AD) is men proposed. to re.
tra:ica 7AA). DCT.
velopment of tail retor instability or quire that tu.megra:ed ec!!ec:ive the damige. caused by this condition and N, erwine - di-t E 5el;copk rs
. si sys:e* cn H"e-ACTION.
No:!ce of proposed could resui: L7 the loss of control of UH-100 and ru.em n in.
the helieepter. Since the condition is SUIi'.IARY: Thb notice proposes to likeir to exist or develop on other air-which have bm s.rtine conver:cd by supple =catat
- ype certificates ado::: an airwortniness direc:tre (AD) craf t of this type design, the proposed to require the modification of the tall AD would require the instanation of a SE177WE or SHC3WE respec::vely, be modified to a W full movement of rcter con:rol system and the tail roter tail retor system :prin;; control rod the collective control in the esen: that blums of Sa.0rsky S-5ST series heli. and !=pr: red tail to:or abrasion strips cc.:nerc. This proposed AD is to pre-en caker:4y S-53T series helicopters.
the N, cable or its associated 1:nkage becomes h-m.c TM ace n m
$.1_.. ?. oui. e -.. g
.$..Ic4 O *** N""
o'~-
autorotation in the event of a jammed trci cf :he neiicopter-The principal authors of this decu-n,controg a33e m niy.
DATE: Comments must be receind on ment are Wilham F. Garicck. Engi-There have bee t cases where N, or before S2ptember 20,1973.
neermg and Man'2facturing Branch. eng:ne control cable icing has resulted Fhsh: Standards Disision, and George in the loss of collec"ve acn'" E "'
ADORESS: Send comments on the 1-y,,
m, c m soa Assc-iate Redonal propcsal in duplicate to: Federal Avi-C u* se1-at:cn Administration. Office of the ance of telegraphic AD 76-00-06 Re.:icnal Counsel. New England Txz Pxorcsro A:.:rND'.!!NT (amendment 9 40,41 R 44133b cn Regmrs Attention
- Rules Docket No.
September 8.1976. Although AD 76-12 Ne'v England Executive Park.
Accordm. gly, the s ederal Av*.ation 20-06 required modifica:ica of the Bu tngton. f. tass. 01303.
Admimstration proposes to amend powerplant ca !e assemblies to pre.
The applic2ble service bit!!etins may i 33.13 of part 39 of the Federal Avi-vent jamming due to icing. It h_s been be ob:aine<1 from Sikonky Aircraft, di-atica Reguhtfons (14 CFR 39.13) by date =ined that the cab!es can fam vis:ca of United Technologics Corp.,
adam; the fo!!rci d nev. af tworthi-frem.cther causes. The prrposed AD S.rnurd Con. CW00. Ccates of the ness trective:
would rc uit in :ne tility to anter 9 nce t :!;n=3 are ccntained in the Ar:Qs to S-5dBT. E-HDT S.5!E"l. S-into autorotation m the event that the Rule.; Decket Office of the Regional 9.7. s-33: T rd C-n.T. henec::ters N,
e-
~" trol system becom-3 Counsel. New England Remon,1: New cert:1ted m all categor:es.
Jammed due to any cause.
FtptT AL E!Gi1T22. VCt. 43. NO.145-THURSD AY, JUtY 27, 1073
ENCLOSURE 2 1
.h PROPOSED IULES 32431 dat the tenirements of this para- [7590.; ;
censee has discontinued a licensed pro.
gram. and perhaps even vac.hted the
' +' # +" "- - d htJCLEAR 2ECULATa2Y premises, until an inspection or the
--', f
& Ar.,.,,o x o r ca.,,.,.a,. e,
, :,. a t*
COMMl55ON end of the 5-year license term. The u.
er f. tax.Rnd diax Red Sar ier. Red NRC needs to com:nunicate with the a c a pm.n 3, f, 7
G u t :tt). I.eties of pear:i in.9.ume licensees, on a timely basis, regardin; I:11 car sns (not packed 1.". rrevs =d CNANCI W UCtN51 CONOCONS FC1t BY-dispcsition of the licensed mater:11 net -> rap packed) unless W Such eg.
F2COUCT. SCU23. ANo 5?iCIAL t4UcttA2 and cleanup of the facility, MA Ak ter-.re 7.e!I fil'.e4 w: ". pers f airly The preposed amendments *o par's t....+...-.--
.' t C... c.- ( ; D,.e... -...
a.
Propos.d w
- 30. 40, and 70 will require a licensee to notify NRC ~hm he d b tie [nvoiv.
hs to 1-gy disco $ttNe all Nt
- .3.,
- :
!str!y tight; ui!' there.s an ap-AOENCY: U S.
Nuc; car Regulatory proved top ;;d in each car en -hat Comm.ssion (.* RC).
Ing mater:1. author::ed under a li.
will ccser the fruit r:*n no m:re than ACTION: Proposed rule.
cense. This means all activtt.es author-
% Inch between the pad 1 d any side SU5:21ARY: The Nuclear Regulatory 1:ed under a license identified by a or end of the cart:nt and W) the top Co9-Mion IJ considering amendmg unique NRC license number. Ft ex.
of Ge carten shall be secure!y fas. Its regulations to rc;uire each licensee ample. if an academic ! stitutw.1 has t?ned to the bottom: Pmidtf. That to notify the Commission when he de.
several licenses and decides to perms.
cWs to pemanently d!: continue all nently discontinue all actnities au.
10 percent of the cartons in any lot ac?Mties involving matertals author. thorized under one license. say a part mr y,All to meet the i%uirements of 1:ed under a license. This will allow 35 medicai program, the hcensee will this paracaph.
NRC to ter= mate the license in an or.
have to notify NRC. If the institution derly and timely tnanner.
dec: des to discontinue that m*-- *al (b) D*/intifons. (1),*erms used in DATF. Comment period expires Sep, program. but believes it may reinstate tha ar~- 'ed marite"- ""g sk~- e~ent the pMg*sm before the license ex.
~
te=cer 11.1973.
and crder shall, when used herein.
pires, notification to NRC Vill not be ADDRESS S: Written comments or have the s*.me meaning as is gt.en to necessary. If the institution decides to s.
the respect ve term in said a= ended sug;estions for cons;deration in con.
"2ue a. portion..but.not all of.
necnon with the' pr:cosid amend =eM D'. acJ. tles autnorced u. der that mar /.etin; agreement and order-should be submitted to the S;cretary Washin; ton D C*
par a5 medical license, notification to of "5'e Cc ibon:on'ocketing and' Serv
. Attn. issi (2) " Size know. commercially as size NRC will not be necessary.
D 205 In accordance with !} 30.S. 40.5. and la rntans a size of pear that will ice Err.nch. Copies of comments may 70.5. the written notification that will pack a standard pear bcx, packed in be examined at the Commission's be required under these proposed accorde.nc2 with the specifications of Pub!!c Document Room at 1717 H standard pack, with 155 pears and that Street NW.. Washingten. D.C.
amendments should be addressed to the Director. Office of Nuclear materi.
FURTHER I?C'OR?.IATION al Safety and Sdeguards. U.S. Nuclear one half of the count size designated.
FOR,ACT:
CO. A Regulatory Commission. Washington, N
re; reret.rtive of the si:e of tne pears in the t ox cr contatner, shall weigh at Edward Podolait. Office of Stand.
D.C. 20555. or may be de:ivered in Icst 22 ;ound;.
ards Deve!c; ment. U.S. Nuclear Reg. person to the Ccmm'ssion 4 offices at ulatorv Commissicn. Washington. 1717 H Street NW.. Washing *on. D.C..
('l) 'Standa-d near bcx" =nns the D.C. 00555, pnone 301-443-5946.
or "310 Eastern Avenue. S!Iver Spring, Md.
containe to designatad in :12%.19 of m, y W' I"FO R? IA""'O"'
the ra;u;at: ens of the Cahfo-.is De-Ef;33t[,3]i;en$s fo$ the ba of bh Under the Atomic Energy A;; of 1954, as amended, the Energy Reorga-partment of Food and Agr.cultu.re.
product, scurce, and special nuclear on Act of W. as amended, and materials
- under 10 CFP. Parts 30. 40 Section 553 of title 5 of the United (41 "U.S. No.1", "U.S. Combination", and 70 respectively. The usual term e~tates Code. notice is hereby given and ":tandard p.k" sha!! have the for these !! censes is 5 years. At 5-year 30.rn meanin: as when used in the intervals the licansee must submit an that adoption of the folljwing amend.
C*Ul3 IO 10 Parts A N. and 70 U.S. S:annrds for Pears (summer and app!!ct. tion for renewal cf the !! ense.
If the application is found satisfactory 3 C33It
,Pl", d.
f aw... (,c o, a l.100. -51.1
.,0.
after review by NRC, the lic?nse cr.n
- 1. A new pararraph (f) is acded to be renewed for another 5-year term.
f 30.34 to nad as follgs:
(5 " A; roved top pmi" sha'l mean a T
t-PMN 358
} R.M Terms and cundiuons of lic.
~'d of wood-ty"a e:c el:ior ccastruc. sometimes does not dbcover that a h-th:. kness.
t!Jn-fa:rl7 umform in C
wai; thing at least ISO pounds per 1.000
'The term typreduct materist means any (f) Each licensee shall noZ the square feet (e.g., an 1
,nc.u.,,.y 1. inch M ve materti; texcept spec.11 nuclesr Commission in witting whe." ha de-pad w:11 v.eigh at least 21 pounds per materia:) ytelded in or made rad:oienve bY cides to permanently discontinue all 100 padse or an equivalent made of ex;osure to the radiation nc: cent to the activities involving mater'als a:Jhor-
,PQ'58 *[g?/ "h", tno rum or any combi.$ i:ed under the license. Thi
$- = Is materill other than wood excelsior ap-t tion raquirement aoplies to all spec:f;c prcred by the ccmmitte?-
means (t) uranium nat:oc thereof, in any physics) or chemleal !! censes issued under this part and form. or t:) oras whwh contam by wei::nt parts 32-05 of this chapter.
Dated: July 21,1973.
one.twentiem of t per:ent (0.05 percent) or 1 A new parntrraph (f) ts added to more of 't > uramum. itd tncrium, or titi) any
! Ln.1,o Mad as f 0!!ows:
(.mt. s R. 3:u0ra, commns:.cn wereof. ?ource mate-21 us M u'.' Arctor.F uttaadl'ep n:t incue srm11 mar mat n1L Z:d } 49.41 Ter:ns and condhim oi ticense4 nucte1r m2tenit meau < t).automum. ar2
.,-..7*.
.y m.n.,,.
- v..
n:um 23.
u-amt:m annehed m the re;e
.. m:et.nv ada:te*
230 cr m :he sc: ;e C5. or (2) :.n/ matm:1 (f) Each licensee sh:u.l notify the aruf:::1!!y enr:enM t. my Of the f a Owme.
(FR !?ce. 73. J74 Fi:ed 7-2:i-713-45 am!
but d:es net =!ude source mater:21.
Commission in wr: ting when he ce-FECERAL PEGitif t, Vot. 43. ho.145 !HU2tp AY. JULY 27, 1973
EIS ENCLOSURE 3
DRAFT CONGRESSIONAL LETTER Dear Enclosed for the information of the Subcommittee are copies of Nuclear Regulatory Commission effective amendments to its regulations in 10 CFR Parts 30, 40 and 70 requiring fuel cycle and materials licensees to notify NRC when they decide to discontinue the activities authorized under their license.
Currently, NRC sometimes does not find out that a licensee has discontinued a byproduct, source or special nuclear material orogram until an inspection or the end of the five year license term.
The amendments will correct this situation and allow NRC to communicate with the licensee regarding disposition of the licensed material and cleanup of the facility.
The notice of rule making is being transmitted to the Office of the Federal Register and the amendments will become effective 60 days after publication.
A copy of the amendments will be sent to all affected licensees.
Also enclosed is a copy of a public announcement to be released on this matter in the next few days.
Sincerely, Robert B. Minogue, Director Office of Standards Development
Enclosure:
1.
Federal Register Notice 2.
Puolic Announcement 1
ENCLOSURE 4
VALUE IMPACT ANALYSIS AND REPORT JUSTIFICATION ANALYSIS FOR GA0 1.
Under the proposed rule, Parts 30, 40, and 70 licensees would be required to notify NRC when they decide to discontinue the activities authorized by their license.
2.
The report is necessary to allow NRC to communicate with the licensee, in a timely manner, regarding disposition of the licensed material and a cleanup of the facility.
3.
Under the present system the NRC sometimes does not find out that a licensee has discontinued a licensed program until an inspection or the end of the five year license term.
This is the only alternative data source and it is not satisfactory.
4.
Annually, on the average, approximately 20% of the 8,500 materials licenses come up for renewal.
About 67 licensees per year on the average either go out of business or otherwise discontinue their licensed programs.
The 67 or so reports per year generateo by this proposed requirement would cost licensees and NRC each approximately 20 person-hours per year (assuming 0.3 person-hours per report for preparation or review).
5.
Both licensees and NRC would benefit from the proposed rule.
Under the present system correspondence with the licensee begins as soon as NRC is aware that the licensed program has been discontinued, sometimes months or years after the fact.
The cost to both NRC and the licensee of assembling details after the. fact can be expected to exceed the cost of timely notification and follow-up under the proposal.
1
ENCLOSURE 5
SUMMARY
OF PUBLIC COMMENTS (and Staff Analysis) 1.
Lane Basso, Associate Director for Contract and Professional Support Services, Billings Deaconess Hospital "We consider this to be very impractical and, therefore, we are against the proposed amendment."
Staff Analysis This commenter did not support the statement that the proposed reporting requirement is "very impractical." The staff believes that the proposed reporting requirement is straightforward and simple and therefore practical.
2.
Irene Cohen, Chris Bock Instruments, Washington Boulevard, Marina Del Rey, California 90291 "I believe that such notification would only produce more chaos in an already over worked goverament commission.
Such a proposal, if it were enacted would only give the agency more work, more files and of course more probler.s.
If the agency were concerned about keeping the money allocated to its functioning on the increase and to ensure more employment for the clerical staff then by all means do expedite this proposal.
But, if you are seriously interested in helping the people of this country then do not con-tinue with this proposal. The American public and those using their licenses are functioning quite well with out the added paperwork of said notification."
"The above ideas are merely my own feelings on this question, and do not necessarily reflect the ideas of the company for which I am employed."
Staff Analysis The staff believes that the proposed reporting req 1irement will save money in the long run both for the licensee and NRC.
If licensees notify NRC that they intend to discontinue licensed programs, then NRC can inform them of their responsibilities regarding any licensed material still in their possession.
Beginning this dialogue on a timely basis should save both parties the unnecessary expense of last minute or even after-the-fact decommissioning.
1
3.
James P. Hogan, Attorney at Law, 525 Marview Drive, Solana Beach, California 92075 "The July 27, 1978, proposal... moves me, and I hope others, to as k why. "
"The only reasons given are that NRC sometimes doesn't discover that a licensee has discontinued a program, and perhaps has vacated the premises.
It is asserted that NRC needs to communicate with the licensees 'on a timely basis' about disposition of licensed materials and cleaning up their former location.
Really, you know, that doesn't make niuch sense."
"Few would think it very significant that NRC isn't aware of the occasional decision by a licensee to stop acting as a licensee.
No licensee has a duty to NRC to continue its activities, and the only legitimate purpose for the license device is to further the national interest in public health, public safety and similar weighty considerations.."
"Why 'NRC needs to communicate with the licensees, on a timely basis, regarding disposition of the licensed material...' escapes me.
A licensee disposing of its material in anticipation of dis-continuing licensed activities is perforce required to transfer them to another licensee or to the government.
That is neither more nor less true or false for a discontinuing licensee than for one who is continuing its activity.
Equally, obligations for cleaning an area are the same whether a person is an active lic asee or not."
"The idea generates visions of notifying a Department of Motor Vehicles I am not going to use my license to drive cars, or telling the fish and game authorities that I'll surrender my license because the fish aren't biting..."
Staff Analysis The staff agrees that the obligation for cleaning an area is the same whether a person is an active licensee or not, however there are other considera-tions, primarily administrative and economic considerations, that suggest
" timely notification" is the best approach.
The staff does not agree that an NRC licensed program is analogous to fishing or driving licenses.
There is a potential hazard to public health and safety if certain NRC licensed programs are terminated improperly.
4.
John C. Bates, M.D., Practice Limited to Radiology, Memorial Hospital, 715 Taft Avenue, Fremont, Ohio 43420 "The NRC is primarily interested in safety of the use of radio-active materials.
If a licenses or institution drops a certain 2
part of the license procedures, there is no problem relative to safety and no violations of any NRC rules can occur.
The mere inconvenience of this being discovered on an inspection site is of minimal importance particularly since we are now required to pay a rather stiff fee for having the privilege of being inspected.
Also, you fail to take into account that if a licensee may drop dead, it would be a little on the impossible side for that licensee to write to tell you that he was no longer going to be utilizing his license."
"Since all of the licenses are renewable on a specific time limit, it seems that this simply would represent additional and unnecessary paperwork."
Staff Analysis The proposed rule requires notification when the licensee " decides to permanently discontinue all activities involving materials authorized under the license" (emphasis added).
SECY-78-284 "The license Renewal Study for Parts 30, 40, and 70 Licenses" recommended timely notification of discon-tinued licensed programs (i.e., the proposed rule) because of problems encoun-tered from NRC's dependence on the five year license term for notification.
Regarding the question of a deceased licensee, the number of individual licensees is small and they are usually medically-oriented so that the types of materials authorized involve small quantities of short-lived radioisotopes which do not present a long-term contamination problem.
5.
G. Sargent Janes, Avco Everett Research Laboratory, Inc., 2385 Revere Beach Parkway, Everett, Massachusetts 02149
...I sympathize with the NRC's desire to establish procedures which will allow for orderly termination for licenses which are no longer meaningful; however, a more carr.ful examination ef this proposed rule prompts me to believe that it will only lead to additional confusion and bureaucratic wastage.
The problem with the proposed approach is that it will be unenforceable beca: 0 of the difficulty in proving whether someone decided to discon-tinue an activity permanently or merely suspend it.
Admittedly, the case is obvious if the building burns down and the company goes bankrupt; however, most situations are not this clear cut.
The institution of this regulation would only provide additional non productive paperwork. Why not take the more positive approach of instituting a regulation which will encourage licensees to rotify the Government when they no longer wish to continue their license.
A prorate return of the license fee would be much more productive and perhaps in a small way improve the image of your organization in the eyes of those who have to deal with it."
3
Staff Analysis When the rule was proposed, the staff conceded the difficulty of enforcing the moving target "when someone decides to discontinue a licensed activity."
This concession was made because of the benefit in finding out at the earliest point in time - when a licensee anticipates discontinuing a licensed activity.
The alternative of a fixed target, say 30 or 60 days before the licensee actually discontinues a program, shares many enforcement problems with the moving target particularly in the case of a catastrophic event such as 2.
fire or illness.
Furthermore in many cases, particularly with larger licensees, 30-60 days may not be sufficient lead time for NRC and the licensee to begin an orderly decommissioning.
The suggested prorate return of the license fee is not possible under the new fee-for-service system.
6.
Robert J. Pritchard, Teleflex, Inc.
"I am in full agreement that the NRC must be aware of discontinued activities...however, I fear that the changes you propose will not significantly ir. crease the effectiveness of your goal (that is to be better informed)."
"...a large number of companies with licenses are small in size and, frankly, if a company such as this were to go out of business, the NRC would be last on their list of people to notify."
...I would certainly think that a simple questionnaire would suffice with questions directed towards status of licenses held.
In this manner a lack of response and responses with intent to cancel could be dealt with directly at a minimum amount of cost."
"I would think to uphold the proposed requirement is a cost one would not want included in a budget already questioned by many people."
Staff Analysis The cost of an annual questionnaire would far exceed the cost of the pro-posed rule.
The only way a questionnaire could be more effective than the proposed rule is with complete followup on the licensees who do not respond.
If the questionnaire was perceived as a nuisance, this could be an expensive task not worth the gain in effectiveness over the proposed rule.
7.
Eugene L. Saenger, M.D., Chairman, Governmental Affairs Committee American College of Nuclear Physicians, Suite 700, 1101 Connecticut Avenue, N.W., Washington, D.C. 20036
...the American College of Nuclear Physicians wishes to raise the following points:"
4
" Insofar as an institution is concerned such a regulation seems entirely reasonable."
"Under conditions of an individual physician practicing privately, he could well be penalized unfairly by this rule.
For reasons of illness or under the circumstance of death he would be unable to carry out proper notification of the NRC even though he may permanently discontinue all activities authorized under a given license.
The NRC could possibly not be aware of his illness or death for a period of as long as five years.
This situation is in contrast with the Drug Enforcement Administration which has a yearly licensing period and thus could become aware of illness or death within a period of one year."
"Also since such a licensee would usually be visited at least at two year intervals by an inspector from the NRC his cessation of practice could be easily verified under that method."
"It is not clear from the material published in the Federal Register as to whether any penalty would apply to an individual who failed in such notification but once again such a requirement seems needless."
"Therefore, the ACNP is not in favor of this rule in its present form as applied to individual licensees."
Staff Analysis Annual licensing and dependence on routine inspections Irejected at the e
proposed rule stage.
Basically, the staff wants to know when a licensee decides to discontinue a licensed program.
As noted in the answer to comment #4, the problem of an incapacitated individual licensee not informing NRC is minimal.
Also, penalties are not usually assessed for failure to notify NRC unless this failure results in a significant health hazard or threat to the common defense and security.
8.
Robert R. Garneau, M.D., Memorial Hospital of Mason County, One Atkinson Drive, Ludington, Michigan 49431
...I can personally see where this might be advantaleous to the Nuclear Regulatory Commission to know who is no longir practicing nuclear medicine under a license.
On the other hand, this may lead to complications if the only nuclear physician, practicing in a community who has the responsibility of notifying you that he has discontinued practice in nuclear medicine becomes disabled for any reason or for reason of death and the Nuclear Regulatory Commission is not notified, it would be important to know the penalty."
5
"...If the head of the nuclear medicine department notifies you for political reasons that he is no longer in practice in nuclear medicine, and you discontinue the license at a larger institution because of this, it may take some time before the assistant, asso-ciate, etc. obtains a second license so that institution can carr; on in an active and uninterrupted fashion.
If that license is interrupted for even 2 weeks to 2 months, it could seriously inconvenience the physicians on the staff of a larger hospital, inconvenience the patients at this institution, having to be trans-ferred to an institution for the requested nuclear medicine proce-dures."
...This could probably be more efficiently and effectively done with less chance for a " slip up" if the hospital administration undertakes this function, either requesting a change in licensees so their nuclear medicine department can continue uninterrupted, or notifying the Nuclear Regulatory Commission that they are no longer in the practice of nuclear ~'icine for an indefinite period of time."
Staff Analysis Effective August 15, 1977 535.12 was amended to preclude the licensing of individual physicians at institutions.
Prior to this, when a program was conducted under an individual physician license, if the physician left an institution so did the license.
Under the new system, most institutions hold their own licenses and individual physicians are named on the license as authorized users.
Only these authorized users, or other physicians under their supervision, may use radioactive material on humans.
If the institu-tion runs out of authorized users the program comes to a halt whether they have to notify NRC or not.
9.
W.H. Jones, Division President, MAGAW Concrete Co., Hawkins Road, P.O. Box 487, Richmond, Indiana 47374 "While I am opposed to additional paper work I see a need for the licensee to notify you of permanently discontinuing all activities involving licensed materials.
As such I would be in favor of such action if:
The notification was on company letterheads stating who -what -
where - why - when.
What disposition was made of the licensed material.
Telephone number for instant verification of additional facts.
In short, keep it simple.
You are apt to secure better cooperation."
6
Staff Analysis In fact, this commenter has outlined the pertinent information that NRC would request of most licensees once NRC is notified that the licensee has decided to discontinue a program.
This kind of detail was not included in the rule because it does not cover all of the information that would be required from all of Parts 30, 40 and 70 licensees.
Although simple and concise at first glance, the impact of such a requirement on large licensees would be substantial and would best be assessed on a clar,s by class basis as part of a comprehensive NRC decommissioning policy. At the moment specific information, such as that suggested by the commenter, will be requested of each licensee on an ad hoc basis.
10.
E.L. Thomas, Assistant Vice President-Engineering, Air Transport Association ATA of American, 1709 New York Avenue, N.W., Washington, D.C. 20006
"...The ATA member airlines have voiced no objections to the proposal but note that it makes no reference to whom in the NRC the notification is to be directed, nor to a time limit for notification.
If a time limit is necessary it is suggested that it be not less than 90 days.
Staff Analysis As noted in the analysis of question #5 the absence of a time limit is intentional.
Enforcing the moving target "when someone decides to discon-tinue a licensed activity" will be difficult and attaching a fixed time limit to the moving target is not necessary.
In accordance with 5530.6, 40.5 and 70.5 the notification to NRC should be directed to the Director of NMSS.
The preamble in the Federal Register notices of both the proposed and final rules refer to this and give the full address.
11.
C.E. Winters, Jr., Radiation Safety Officer, T000 Research & Technical Division, P.O. Box 1600, Galveston, Texas 77553
"...This is a requirement that is long overdue and should be imple-mented as scoq as possible for all licensees holding NRC licenses."
"The notification should be required at least 30 days prior to the terairation of the activity or the facility covered under the licanw to assure sufficient time by the NRC to conduct a formal on-site close-out survey to assure compliance and the safety' of all future or present employees or tenants."
"In addition to the notification being addressed to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555, it should also require direct notification to the appropriate regional office of the NRC covering the activities under the license being discontinued or the specific activit" being terminated."
7
Staff Analysis The reason for not fixing a time limit is discussed in the analyses of ques-tions #5 and #10.
A single point of contact within NRC is sufficient in this case.
I&E headquarters will be notified by NMSS and they in turn will notify the Regional Office.
12.
John Boham, Area Director', United States Department of the Interior Bureau of Indian Affairs, Navajo Area Office, Window Rock, Arizona 86515 "The need for such a notification is unequivocally demonstrated in the announcement.
We suggest, however that concurrent with the promulgation of such rules, the NRC also implement a process whereby all Federal Agencies having jurisdication or special exper-tise in the licensed activity be notified within thirty (30) days of the license cancellation.
The concerned Federal Agency or Agencies could then participate with NRC in the cleanup of the facility on a timely basis."
Staff Analysis This is a good suggestion and will be addressed as a part of NRC's overall decommissioning policy.
In the interim, the staff will notify Federal and State agencies on an ad hoc basis.
13.
Ronald P. DiPiazza, Manager, NES License Administration, Westinghouse Electric Corporation, Water Reactor Divisions "The Westinghouse Electric Corporation supports the proposed rule amendment in general.
Paragraph F, however, which requires the licensee to notify the NRC in writing, needs clarification.
We suggest that the 'in writing' phrase be modified to incorporate some time frame, i.e., "in writing within sixty (60) days after such decision has been made.'"
Staff Analysis The reason for not fixing a time limit is discussed in the analysis of questions #5 and #10.
14.
Douglas J. Roberts, Jr. J.D., President, Medical Staff, Manchester Memorial
"... I think this is a fair request and should so be authorizud..."
15.
William H. Aarce, Director, 3ureau of Industrial Hygiene, State of West Virginia, Department of Health, Charleston 25305 "I wish to register mi strong support for the proposed revisions to parts 30.34, 40.41 and 70.32 of your regulations... Enforcement 8
of such new provisions should materially aid in preventing problems from developing in connection with " decommissioning" operations."
16.
Edward D. Jordan, Director, ISP0 & Reactor Administrator, The Catholic University of American, Washington, D.C. 20064 "The Catholic University concurs with the proposed rule...We believe that the proposed rule is in the best interest of the public and that it sill cause no hardship for the licensee."
17.
B.C. Vaughn, Director Materials Laboratory and Consultants Division, Department of the Navy, Naval Avionics Center, Indianapolis, Indiana 46218 "Your proposed... regulation seems reasonable.
This licensee will support your efforts to terminate such licenses in an orderly and timely manner."
18.
J.R. Lovin, Radiation Safety Coordinator, Cryovac Division, W.R. Grace Cryovac Division W.R. Grace & Co. P.O. Box 464 Duncan South Carolina 29334 "The proposed amendment...seems to be logical and reasonable."
19.
Donald R. Lamb, Partner, Associated Engineers, 910 Garfield Street, Laramie, Wyoming 82070 "It is very important that the records on users be continuously updated.
I approve of the proposed rule change."
20.
A. T. Tuma M.D., Radiologist Physicist, Poplar Bluff Hospital, Inc.,
218 Oak Street, Poplar Bluff, Missouri 63901
"...The regulation as written is satisfactory in that it specifies notification only if all activities under the license are permanent-ly discontinued."
" Forms to cover discontinuance should be as brief as possible."
21.
C. Jules Rominger, M.D., Radiation Oncology, Inc., Misericordia Division, MCMC, 5301 Cedar Avenue, Philadelphia 19143
"...I certainly agree that this is a reasonable suggestion."
22.
A. Joseph Mattera, Acting Superintendent, Department of Public Works Water Control Facilities, 140 Pettaconsett Avenue, Cranston, Rhode Island 02920
...We, the City of Cranston Water Control Facilities, fully agree to the proposed changes."
9
23.
Frank H. DeLand, M.D., Chief, Nuclear Medicine, University of Kentucky, Lexington, Kentucky 40506 "This proposed change is not only reasonable but should be an implied responsibility of the licensee."
24.
James Bickman, President, Stocker & Yale,.Inc., P.O. Box 494, Route 128 and Brimbal Ave., Beverly, Mass. 01915
"...we advise that we concur."
25.
Harry Agahigian, Ph. D., Chief Consultant, Baron Consulting Co.,
Analytical Services, P.O. Box 663, Orange CT. 06477 "I agree with the proposed rule concerning termiration of NRC licenses."
26.
A. A. Howard, Colonel, MC Commanding, Department of the Army, U.S.
Army Medical Department Activity Fort Dix, New Jersey 08640 "The change to require each licensee to notify the Commission when he decides to permanently discontinue all activities involving materials authorized under a license is well thought out.
It should save money and confusion.
It does not seem to be any administrative burden.
It is simple and concise.
In a time when there is too much government regulation, it is brief and also appropriate."
27.
H. Urban, Department of the Navy, Naval Ship Engineering Center, Philadelphia Division, Philadelphia, PA. 19112 "NAVSECPHILADIV has no objection to the proposed rules."
28.
Edward S. E. Newbury, Director, State of Alaska, Department of Military Affairs, Alaska Division of Emergency Services, 1306 East 4th Avenue Anchorage 99501 "The Alaska Division of Emergency Services has no objection to the proposed amendment..."
"... Manufacturing and assembly operations might object to the amendment as it would require them to notify NRC who in turn would inspect their facility for possible contamination.
Should con-tamination be found they would be responsible for the cost of decontamination."
10
29.
R. Nilson, Manager Licensing, Exxon Nuclear Company, Inc., Research and Technology Center, 2955 George Washington Way, Richland, Washington 99352
"..We view this proposal as a logical and sensible correction of an oversight in the Commissions Regulations.
This correction will undoubtedly assist the Commission in efficiently exercising its regulatory functio.n, and we support its adoption."
30.
Heather L. Ross, Deputy Assistant Secretary, United States Department of the Interior, Office of the Secretary, Washington, D.C.
20240
"...we have no comments."
31.
Stephen J. Bullen, Director, Civil Defense, Falls Township, Civil Defense Bucks County, Pennsylvania, 285 Yardley Ave. Fallsington, PA 19054 "I agree fully..."
11
0 ENCLOSURE 6
NRC TO REQUIRE SPECIFIC NOTIFICATION ON PLANS FOR TERMINATION OF MATERIAL LICENSES The Nuclear Regulatory Commission is amending its regulations to specifically require notification to the Commission by licensees who plan to permanently discontinue all activities under a materials license.
The NRC issues licenses for the use of radioisotopes, source material and special nuclear material under Parts 30, 40 and 70 of the regulations.
The licenses are usually for five year terms and are renewable if the NRC staff finds the renewal application satisfactory.
Previously there was no specific reporting requirement and NRC sometimes did not discover that a licensee had discontinued a licensed program and perhaps even vacated the premises, until an inspection or to the end of the five year license term.
The new amendments require licensees to notify the NRC when they decide to permanently discontinue all activities under a license.
This will permit communication with the licensee regarding disposition of the licensed material and cleanup of the facility and termination of the license in an orderly and timely manner.
Notification is not required if only a part of a program is to be discontinued or if it is expected a program will be reinstated before the license expires.
1
The amendments to Parts 30, 40 and 70 of NRC regulations are being published in the Federal Register on They are the same as those published earlier for public comment.
2