ML19330C303

Forwards Petition for Rulemaking 71-8,filed by Foster Wheeler Energy Corp.Petition Requests That NRC Exempt Industrial Radiographers from Requirement to Have Copy of All Documents Referred to in Package Approval

ML19330C303
Person / Time
Issue date:	06/04/1980
From:	Donoghue D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Moffett T HOUSE OF REP., GOVERNMENT OPERATIONS
References
RULE-PRM-71-8, TASK-OS, TASK-TP-027-3, TASK-TP-27-3 NUDOCS 8008080207
Download: ML19330C303 (3)

Text

THEH0ll0RABLEJOHilG.DIllGELL,CHAIRT1h IDENTICAL LETTER SENT T0:

hTHEHONORABLEGARYHART,rHAIPJtAN U,".

HOUSE OF REPRESEf!TATIVES UNITED STATES SENATE C'

THE H0l:0RABLE CLAREriCE J. BROWil CC:

THE HONORABLE ALAN SI!!PSON f(R M y(-g THE H0tl0PABLE 110RRIS K. UDALL, CHAIRitAN UNITED STATES HOUSE OF REPRESENTATIVES CC: THE H0fl0RABLE STEVEN SYltt1S

$4 19gg The Honorable Toby Moffett, Chaiman Subcommittee on Environment, Energy and Natural Resources Committee on Government Operations United States House of Representatives

!!ashington, DC 20515

Dear fir. Chaiman:

Enclosed for your information is a copy of a petition for rulemaking filed with the Nuclear Regulatory Comission by the Foster !! heeler Energy Corporation.

The petitioner requests that the Commission exempt persons licensed under 10 CFR Part 34, Licenses for Radiography and Radiation Safety Requirements for Radiographic Operations," who deliver licensed caterial to a carrier for transport under the general license provision of 10 CFR 71.12, from maintaining, in additf on to the Certificate of Compliance, additional documentation as descr'ibed in 10 CFR 71.12(b)(1)(i). The petitioner states that the maintenance of this documentation by Industrial Radiographers is an unnecessary regulatcry burden.

Also enclosed is a copy of a notice concerning this petition which will bt published in the Federal Register.

It provides for a 60; day oeriod for public comment.

Sincerely, om r Lrn:cnBE D=ac1]. K=@u y Daniel J. Donoghue, Director Office of Administration

Enclosures:

As stated I

cc: The Honorable aul !!. M:cCloskey, Jr.

[

800808o g

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federal R;ghter / Vcl. 45. N2.114 / Wednesday, Jun211,1980 / Proposed Rules 39519

(!) A disposition which is a gift or in

' amount. In the han'ds of the transferee, INTERSTATE COMMERCE

. part a sale or exchange and in part a of the adjusted intangible dri' ling and COMMISSION development costs with respect to the

) ~ gift.(ii) A disposition which is described in oil, gas or geothermal property acquired 49 CFR Parts 1056,1

,N

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/ section 1245 (b)(3)(relating to certain

' is-1323, and 1324

• ;X tax. free transactions). or (1)The amount of the adjusted (iii) An exchange which is described intangible drilling and development IEx Parte Nos. MC-1,73,* 143 and 170]

both in section 1245 (b) (5) and i 1.1245-costs wRh respect to the oil, gas, or ProposalTo Repeal Existing Credit 2 (e) (2) (relating to transfers described geothermal property in the hands of the Regulations for Railroads, Motor be" j

(c) ea ns isa eath. If oil, reduced b a

t gas, or geothermal property described in (2)The amount of any gain taken into Carriers To ' Establish Through Ts.rlffs 4

section 1254 is acquired in a transfer at account as ordinary income under Publication Their Own

. death, the amount of the adjusted section 1254 (a) (1) by the transferor Nondiscriminat Credit Terms;15-intangible drilling and development Upon the transfer.

Day Postponement of Filing Due Date costs with respect to the oil, gas, or geothermal property in the hands of the

$ 1.1254-5 Special rules for partnership AGENCP. Interstate Commerce transferee immediately after the transfer ' property.

Commission.

shallinclude the amount,if any,of the Section 1254 (b) [1) provides that rules AcTiou 15-day postponement of filing intangible drilling and development similar to the rules of section 617 (g) due date in reopening of rulemaking costs deducted by the transferee before (relating to special rules concerning

. proceeding (proposed rules).

the decedent's death, to the extent that partnership property) shall apply for the basis of the oil, gas, or geothermal purposes of section 1254.

SUMMARY

The present due date for property (determined under section 1014 (a) Property distributed to partner.

filing comments in this reopening of i

(a)) is required to be reduced under the The adjusted intangible drilling and rulemaking proceedings published at 45 second sentence of section 1014 (b) (9) development costs for any oil. gas, or FR 31766, May 14,1980, involving our (relating to adjustments to basis where geothermal property received by a credit rules is June 30,1980.The the propertp is acquired from a decedent partner in a distribution with respect to Association of American Railroads has part or all of an interest in a partnership requested a 90-day extension.

(d)Prope ym Iredin a like kind include-Insufficient reasons for such a 'engthy exchange or involuntary conversion. (1)

(1) The adjusted intangible drilling extension bave been presented. A 15-es e

ection i acq ed in and development costs (not taken into day extension will be granted.This will account as ordmary income under provide a total comment period of 60 I

a dis osition which is a like kind I

exchange or involuntry conversion, then section 1254(a)(1)) with respect to the days. Considering the relative simplicity immediately after the a isition the oil, gas, or geothermal property of the Commission's proposal, we amount,in the hands of t e transferee, immediately prior to the distribution.

believe 60 days is adequate to formulate

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of the adjusted intangible drilling and reduced by meaningful comments, development costs with respect to the (2)The amount of gain to which DATE: Comments are now due July 15, oil, gas, or geothermal property acquired section 751(b)(relating to certain 1980.

shall be an amount equal to-distributions treated as sales or AconEss:An original and 15 copies of (ij ne amount of the adjusted exchanges) epplies realizedby the -

comments should be sent to: Room 5356, i

intangible drilling and development partnership (as constituted after the ICC, Washington, D.C. 20423.

I costs with respect to the oil, gas, or distribution) on the distribution of the geothermal property in the hands of.the oil, gas, or geothermal property.

FoR FURTHER INFORMATION CONTACT:

I transferor immediately before (b) Property stained bypartnership.

Richard Felder (202) 275-7093.

disposition. minus In the case of any oil, gas, or geothermal Decided: June 3.1980.

(ii) De amount of any gain taken into property held by a partnership after a By'the Commission. Darius W. Gaskins, Jr.,

- account as ordinary income under,

distribution to a partner to which chairman.

section 1254 (a) (1) by the transferor section 751(b) applies, the adjusted James H. Bayne, upon the disposition.

intangible drilling and davelopment Actingseen rary.

. (2) If more than one parcel ok oil, gas, costs with respect to the oil, gas, or ima asruan ns a4 or geothermal property is acquired at geothermal property retamed by the mm the same time from the same transferor partnership are reduced by the amount in a transaction referred to in paragraph of gain (if any) to which section 751(b)

(d) (1) of this section. the total amount.

. applies realized by the partner with in the hands of the transferee, of the respect to the distributien on account of NUCLEAR REGULATORY l

adjusted intangible drilling and theoO gas,orgeothermalproperty COMMISSION development costa with respect to the retained by the partnership.

M M Pa m parcels is allocated to the parcels in

. PAR. s. Section t.1502-14(c)(1} ls proportion to their respective adjusted amended by deleting "or 1250(a)(1) and.iDocket N bases.

inserting in lieu thereof "1250(a)(1) or l

~

(e) Property transferredin cases to 1254(a)(1)".

Foster Wheeler Energy Corph Filing of which sections 1071 or 1061 (b) applies.

Jerome Kurtx, Petition for Rulemaking l

If oil, gas, or geothermal property Commissioneroffnterna/ Revenue.

U.S. Nuclear R'egulatory described in section 1254 is acquired in AGENCY:

a transfer to which section 1071 or Commission.

/q section 1081 (b) apphes, then g

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/. 6. mediately after the transfer the

• tacludes No. snsz.

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a.

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39520 Fed;r:1 Register / Vcl. 45. N2.114 / Wednesday. June it.1980 / Proposed Rules

^ AcTicet Publication of petition for -

in Il 34.32 and 71.51) was accomplished FOR rURTHER INFORMATION CONTACT:

rulemaking from Foster Wheeler Energy without using the information required Robert S. Kirk. Electric and Hybrid Y~N - Corporation.

by i n.12(b)(1)(i). yet these procedures Vehicles Division. U.S. Department of

) summany:%e Nuclear Regulato apparently meet NRC requirements.

Energy.1000 Independence Avenue.

(

The petitioner further states that the S.W Washington, D.C. 20585 (202) 252-Commission is publishing for pub ic documents which are maintained 8032.

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comment, as a petition for rulemaking, a pursuant to I 71.12(b)(1)(1) have not motion filed before the Commission on proved to be needed or useful on other issued in Washington, D.C June 9.1980, March 19.1980.by Foster Wheeler occasions and that "the regulation. as it

• 8* ***

1 Energy Corporation. %is petition, which pertains to our IIcense category D W*"*" " #"##"" *.."

i.

has been assigned Docket No. PRM-71*

O""

[ Industrial Radiography Licensees].

i

8. requests that the Commission "* *

• offers no positive effect on the safe

" " * ' " " " *** " "3 exempt persons licensed pursuant to 10 transportation of radioactive material

. CFR 34 for Industrial Radiography frcm and should be withdrawn."

the provision of to CFR 71.12(b)(1)(i)

. A recently denied petition (Chem-requiring that such persons have a copy Nuclear Systems. PRM-71-5) was filed of * * *

• all documents referred to in on similar grounds: however, the the license, certificate, or other approval g

• * *

• in order to be able to deliver petitioner states that its petition (PRM-licensed material to a carrier for 71-8) relates to different issues. '

f transport under the generallicensing petition and the Commission's Notice of Copies of Chem. Nuclear Systems' J

provisions of10 CFR 71.12 ".%e -

Denial are also available in the Public petitioner further states that"it is adequate for a radiography licensee to Document Room and may be obtained have on file Just the Certificate of

~ by writing to the Division of Rales and Compliana for a given source shipping R,ecords at the above address.

Dated at Washington. DC this 4th day of June 1980.

DA omment period expires August For the Nuclear Regulatory Commission.

sponssses: A copy of the petition for I'""'I b rulemaking is available for public

1. 1. "'*T#M* O"""I'#I##

inspection in the Commission's Public M ***" *8"*d* * **dsal Document Room.1717 H Street. NW.

• "N C"E ***'

Washington. DC. A copy of the petition

[

may be obtained by writing to the DEPARTMENT OF ENERGY Division of Rules and Records. Office of AdministraUon. U.S. Nuclear Regulatory 10 CFR Part 474 Commission. Washington DC 20555.

All persons who desire to submit

[ Docket No. CAS-RM-80-202]

written comments or suggestions j

concerning the petition for rulemaking Electric and Hybrid Vehicle Research, j

should send their comments to the Development, and Demonstration Secretary of the Commission. U.S.

Program; Equivalent Petroleum-Based Nuclear Regulatory Commission.

FuelEconomy Calculation Washington,DC20555. Attention:

AcceCv: Department of Energy.

Docketing and Service Branch. -

ACTsose Notice of Proposed Rulemaking ron runTHen mronuAftoN CONTACT:

for Electric and Hybrid Vehicle

• Joseph M. Felton. Director, Division of Research. Development, and Rules and Records. Office of Demonstration Program: cancellation of Administration. U.S. Nuclear Regulatory public hearing.

Commission. Washington. DC 20555

~

Telephone: 301-492-7211.

summAny:%e Department of Energy

. announces that the public hearing on the i

SUPPLEMENTAnY FWonMATiott De Equivalent Petroleum. Based Fuel l

petitioner states that radiography '

Economy Calculation for the Electric licensees are authorized by NRC to use and Hybrid Vehicle Rzsearch..

only specific sources and source shipping containers and that (Foster

~ Development, and Demonstration Wheeler)" * *

• cannot register with Program scheduled for Tuesday. June 10 I,

the NRCTransportation Branch to be a 1980, in Washington. D.C., was user of a package unless we are also cancelled, due to lack of public interest

• in making oral presentations at the licensed to use that same package by hearing

^

the NRC, Radioisotopes Licensing -

DAres:As stated in the notice of petitioner, an NRC Byproduct proposed rulemaking issued on May 12 Material Licensee. states that the M80 (45 M 34008. May 21. M80). wrinen comments on the Equivalent Petrolemn-

/m preparation ofits written procedures

.I l source shipping containers (as specified - Based Fuel Economy Calculation must

\\ concerning the use and transporting of be received by the Department by close N,2 of business. July 21.1980.

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JUL 3 01980 tiOTE T0:

Document' Control I,.

Room 016

.T..T. BENRf > TP58: 65: S A FROM:

I Please place the attached documentsin the PDR using the following file and file points:

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PDR File Related Documents (Select One)

(Enter if appropriate)

Proposed Rule (PR)

ACRS Minutes flo.

Reg. Guide Proposed Rule (PR)

Draft Reg. Guide Draft Reg. Guide Petition-(PRM)

PRm 71-B Reg. Guide Effective Rule (RM)

, Petition,(PRM)

Effective Rule (RM)

Federal Register Notice M FA 39Fli SD Task No. TPOp-3 r:

NUREG Report Contract No.

Subject:

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