Text

Forwards Regulatory Documents Considered to Be of Central Relevance to Proposed Rulemaking Entitled, U Enrichment Regulations (10CFR2,40,50,51,70,75,110,140,150 & 170).Index Encl.Designator Number Assigned Is AD90-1
	ML20029D300
Person / Time
Issue date:	04/21/1994
From:	Nilsen C; NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To:	Lanham D; NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19352C222	List: ML20028H620; ML20029C487; ML20029C488; ML20029C489; ML20029D300; ML20029D305; ML20029D308; ML20029D312; ML20029D313; ML20029D316; ML20029D321; ML20029D322; ML20029D328; ML20029D331; ML20029D333; ML20029D337; ML20029D338; ML20029D343;
References
	FRN-56FR46739, RULE-PR-110, RULE-PR-140, RULE-PR-150, RULE-PR-170, RULE-PR-2, RULE-PR-40, RULE-PR-50, RULE-PR-51, RULE-PR-70, RULE-PR-75 ACRS-GENERAL, AD90-1-001, AD90-1-1, NUDOCS 9405050070
	Download: ML20029D300 (13)
	v • d • e

{{#Wiki_filter:- _. . o va"% Q-QOI E UNITED STATES 5 i! NUCLEAR REGULATORY COMMISSION ,/ WASHINGTON, O C. 205W0001 April 21, 1994 MEMORANDUM FOR: Don Lanham, DCB, DISS, ADM FROM: Charles W. Nilsen, RPHEB, DRA, RES

SUBJECT:

REGULATORY HISTORY FOR 10 CFR PART 2, ET AL., " URANIUM ENRICHMENT REGULATIONS"; PROPOSED RULE (56 FR 46739) Enclosed for your processing are ragulatory documents considered to be of central relevance to the proposed rulemaking entitled " Uranium Enrichment Regulations" (10 CFR Parts 2, 40, 50, 51, 70, 75 110, 140, 150, and 170). Also enclosed is an index of these documents. Tie designator assigned by the Rules Review and Directives Branch is AD90-1 and is noted in the upper right hand corner of the cover page for each document. l / L.- - arles W. Nilsen, Project Manager Radiation Protection & Health Effects Br. Division of Regulatory Applications Office of Nuclear Regulatory Research

Enclosures:

1. Index 2. Documents cc w/ enc 1 1: B. Golden, ADM r 9405050070 940421 PDR PR 2 56FR46739 PDR

~ ,e. Regulatory History Index for Proposed Rule Uranium Enrichment Regulations AD 90-1 EDB 1. 09/16/91 Uranium Enrichment Regulations, Proposed Rule,10 CFR Parts 2, 40, 50, 51, 70, 75, 110, 140, 150, and 170 (56 FR 46739) 2. 09/12/91 Final version of proposed rule signed by S. J. Chilk 3. 09/04/91 Memo for M. T. Lesar from B. Shelton, IRM - IRM concerns have been resolved 4. 08/26/91 Memo for D. Meyer from D. Cool forwarding SECY-91-219 - Proposed rulemaking 5. 08/19/91 Memo for C. W. Nilsen from E. Jakel (0GC) - Editorial changes to SECY-91-219 6. 07/23/91 Memo for B. Morris from R. Fraley ^:RS will not review proposed rulemaking 7. 07/22/91 ' SECY 91-219 8. 07/12/91 Memo from E. Beckjord to J. Taylor forwarding proposed rulemaking for action 9. 06/27/91 Note to R. Hauber, 0IP, from J. M. Becker, IA, Changes to 10 CFR to reflect enactment of public law 101-575 10. 06/26/91 Memo for E. Jordan and R. Fraley from B. Morris forwarding proposed rulemaking package 11. 06/06/91 Comments from OGC on proposed rulemaking package (3 sets) 12. 06/05/91 Memo CWNilsen from RHauber - GPA comments on proposed rule 13. 05/28/91 Memo C. Heltemes from R. Bernero forwarding comments on proposed rulemaking package 14. 05/20/91 Memo C. Heltemes from E. Halman forwarding comments on proposed rulemaking package 15. 05/08/91 Memo for Office directors from C. Heltemes requesting concurrence on proposed rulemaking package (enclosed) 16. 04/17/91 Memo M. Lesar from B. Shelton regarding proposed rule with copy of IRMB memo addressing concerns attached

~ 17. 04/16/91 Memo for S. Hudson from B. Shelton forwarding comments on proposed rule and requesting OMB clearance package 18. 04/10/91 Memo for C. Nilsen from M. Lesar - Uranium enrichment regulations (marked up copy of rule attached) 19. 03/07/91 Memo for EBeckjord from JTaylor approving initiation of rulemaking package l 20. 02/20/91 Memo for JTaylor from EBeckjord - Initiation of rulemaking - Conforming Amendments for uranium enrichment regulation 21. 12/31/90 Memo for Commission from W. C. Parler - Uranium enrichment licensing legislation 22. 12/20/90 Memo for ESBeckjord from RMBernero - Request for rulemaking l - conforming amendments for uranium enrichment regulation i i l 1 i l I

I i l l Central Files l Commissioners' Notation Vote Sheets as follows: 1. 08/06/91 - Commissioner Curtiss 2. 08/01/91 - Commissioner Rogers 3. 08/01/91 - Chairman Selin i 4. 07/30/91 - Commissioner Remick l l 1 1 l

ja:_ _ _ _ _ _. - TDe FD 90 / Federal Register / Vol. 50. No.179 / Monday, September 10, 1991 / Proposed Rules 40739 l $ 301.38-6 (Amended] FOR FURTHER INFORMATION CONTACT: minutes for each commenter will be

6. In i 301.38-o, paragraph (a) would George Kelhart. Marketing Order imposed. Questions from the audience be hmended by removing the words Administration Branch, F&V, AMS, P.O.

will not be permitted. "that is a protected area or that flox 90450, room 2525-S, Washington, A written transcript of the meeting I encompasses a protected area"; and by DC 20090-G156, telephone: (202) 475-will be taken. Coples may be obtained j removing the words the protected 3919. or Kurt Kimmel at the Marketing by contacting the reporting service at area" both times they appear and Field Office address above, telephone: the meeting. replacing them with the words "a (209) 487-5901. Written comments will be received J protected area". SUPPLEMENTARY INFORM ATION: Four through October 11,1991. Comments l Done in Washington DC this 11th day of continuance referenda were held from received will be available for public September 1991. January 7 through February 6,1991, to inspection in the Marketing Field Office Robert Meltand, determine whether the Federal in Fresno, California (address above) Acting Administmtor. Animalandflant marketing order programs for pears, during regular business hours. //colth /nspection Service. plums, nectarines and peaches grown in Authority: Sections 1 19. 4a Stat. 31. a s (FR Doc. 91-22169 Filed b13-91: 8.45 am] California should be continued. Results amended,7 U.S.C. 601-6741 j of the continuance referenda indicated Dated: September 11.1991. m a um that the pear program be continued and Robert c. Kenney, the plum program terminated. Results of Acting Director, Fruit and Vegetabic Division. Agricultural Marketing Service the nectarine and peach referenda indicated that there is significant [rn Doc. 91-22172 Filed 0-13-e1: a 4s am) 7 CFR Parts 916 and 917 opposition to the two programs.This IDW No. FV.W001 n tice announces a meeting to provide 3 information for the Department on Announcement of Public Meeting To whether the Federal marketing order NUCLEAR REGULATORY i Review Marketing Order Nos. 916 and programs for nectarines (M.O. 916) and COMMISSION 1 l 917; Nectarines and peaches Grown in peaches (M.O. 917) should be continued. California modified or terminated. 10 CFR Parts 2,40,50,51,70,75,110, 140* 150' and 170 On April 11.1991, the Department AGENCY: Agricultural Marketing Service, requested that the Nectarine RIN 3150-AD90 USDA. Administrative Committee and the } AcisoN: Notice of public meeting. Peach Commodity Committee Uranium Enrichment Regulations (committees), established under the 7 $UMMARY: Notice is hereby given that a marketing orders to locally administer AGENCY: Nuclear Regdatory pubhc meetmg will be held to provide the programs, make arrangements for e Commission, q mformation to the U.S. Department of public meeting in the production area to Action: Proposed rule, Agriculture (Department) on whether the discuss the future of the two programs. Federal markrting order programs for The purpose of the meeting is to elicit

SUMMARY

The Nuclear Regulatory California nectarines and peaches from industry mer,hers suggestions and Commission (NRC)is proposing to should be continued, modified or other information on how the programs amend its regulations concerning the terminated. Growers, handlers and other may best serve their respective licensing of uranium enrichment interested persons are invited to submit industries.

facilities to reflect changes made to the a written cornments to the Department The meeting will provide an At mic Energy Act of 1954, as amended and/or present oral comments at the meeting with respect to the continued opportunity for these in the industry to (the Act) by the Solar, Wind Waste, and present detailed information on the Geothepnal Power Production operation of the two marketing order , present performance of the two I"C'u'il'es Act of1990.The princ, pal i 1 pr grams. marketing order programs. Indications effect of these amendments is that 1 oAirs:The public meeting will begin at of present performance may include an uranium enrichment facilities will be 9 a.m p.D.T. on September 24 and analysis of the programs' cost licensed subject to the provisions of the continue September 25.1991, if effectiveness with regard to Act pertaining to source material and necessary.The meeting will be held at administration, research and special nuclear material rather than the lloliday Inn. 9000 West Airport advertising.The Department seeks under the provisions pertaining to a Drive. Visalia, California 93277: comment on whether amendment of production facility. j telephone: (209) 651-5000. some of the regulatory aspects of the oArts: Comment period expires 1 Written comments must be received two programs would make the programs December 2.1991. Comments received by October 11,1991. more effective and create more support after this date will be considered if it is j Acontssts: Written comments should arnong growers and handlers.The practical to do su, but the NRC is able to 1 be sent to: California Marketing Field Department also seeks views on assure consideration only for comments j Office. USDA, AMS. 2202 Monterey St., whether the orders for nectarines and received on or before this date. suite 102-B. Fresno, Californla,93721, peaches should be terminated. Acontssts: Mall written comments to Attention: Kurt Kimmel. Two copies of Interested persons are encouraged to the Secretary. U.S. Nuclear Regulatory i all material should be submitted. send written comments to the Commission, Washington, DC 20555. Written comments received will be Department and/or present oral Attention: Docketing and Service available for public inspection in the comments at the meeting. Branch. Deliver comments to One White California Marketing Field Office during An official of the Department will Flint North 11555 Rockville Pike. regular business hours. Written preside over the meeting.Those wishing Rockville, MD, between 7:45 am and 4:15 l comments received before the meeting to make oral comments will be asked to pm Federal workdays. j will be available for public inspection at register with the official at the beginning Copies of the draft regulatory analysis the meeting. of the meeting. A time limitation of ten and comments received may be e o

4G$40 -

Federal Rey,ister / Vol. 56. No.179 / Monday. Septernber 16.1991/ Pmposed Rules examined at the NRC Pubhc Document and 70 with the addition of new bodily injury, sickness, disease, death. Room. 2120 L Street NW.(14wer Lev. requirements conmming fr.cility loss of or damage to property, and loss Washington. DC. construcdon and operouon. of use of property arising ont of or 4 i ron runTHER INFORMATION CONTACT: To reDect Public Law 101-575, the resulting from the radioactive, toxic. Mr. C.W. Nilsen, Office of Nuclear addition of a definition for uranium explosive, or other hazardous properties Regulatory Research. U.S. Nuclear enrichment facility is being proposed of chemical compounds contairdng j Regulatory Commission. Washington, that would include both (1) a facility source material or special nuclear 1 DC 20555, telephone (301) 492-3834 or used for separating the isotopes of material. The insurance requirement Mr. P. leysen. Office of Nuclear uranium a endching uranium in the specificallyincludes thechemical MatenalSafety and Safeguards U.S. isotope 235 and (2) any equipment m todcity risks associated with uranium i Nuclear Regulatory Commission, device, capable of such action.The new hexafluoride (proposed il 40.32(g). Washington, DC 20555, telephone (301) definition continues to exclude 70.23(a)(12), and 140.13b). 49 % laboratory scale facilitica.g!csigned or A number of minor conforming s d I r expenmental a analyucal changes to the provisions of 10 crR 1 SUPPLEMLHTAM INFORM ATH:uc purposes fromlicensing as a uranium chapter I are proposed to implement the Dackground enrichment facility as was the case prior amendments to the Act Of specific note t enactment d Pubuc Law 101-$75. On November 15.1990, the Pzesident is the fee category change in to CrR part II signed the " Solar Wind. Waste, and 17a CakgoWas hen hted trom enric men w 1 e a icens act vi y Geothermal Power Production Incentives Act of 1990." Public Law 101-and licensees would be required to have 10 CFR 170.21 and a new category 1E has been added to 10 CFR 170.31. appropriate source material and special 575, which. among other things' nuclear material licenses and to comply Environmental Impact: Categorical j amended the Atomic Energy Act (the w th all applicab'e regulations. Exclusion Act) with respect to the licensing of q.anium enrichment facilities remain uranium enrichment facilities.The production facilities for chapters other The NRC has determined that this principal effect of these changes is thati than chapter 10. " Atomic Energy proposed regulation is the type of action uranium cnricht-eu. knues wsl be Licenses," and chapter 16.

judicial described as a categorical excluslor. in ifcersed pursuant to the provisions of Review and Administrative Procedure.-

to CFR 51.22(c) (1) and (3). Therefore, the Act pertaining to source material of the Act.Therefore.theie is no change neither en environmentalimpact and special nuclear material rather than for purposes of controlling the export of statement nor an environmental the provisions pertaining to a production specially designed or prepared uranium assessment has been prepared for this facility. Under the new provicions, enrichment equipment and the proposed regulation. facii e il ome a ing e step [rnfn Paperwork Reduction Act Statement chment icens g licensing process with one license Agreement States. This proposed rule amends issued pursuant to 10 CFR parts 40 and To conform with the changes added to infonnation collection requirements that 70 rather than a two.part licensing the Act by Public 14w101-575, the are subject to the Paperwork Eeduction process under 10 CFR part 50. llowever. proposed amendments contain five (5) Act of 1980 (44 U.S.C. 3501 et seq.). This amendments to the Act which address new licensing requirements specific to rule has been submitted to the Office of the licensing of uranium enrichment the licensing of uranium enrichment Management and Budget for review and facilities also mandate an facilities. De amendments to 10 CFR approval of the paperwork environmental review, adjudicatory chapter I which are necessary to requirements. hearing. inspection before operation. implement these requirements include: 3 and third party liabilityinsurance. Also. De requirement to conduct a single Public rePrtin8 burden for this c Hecum in nnaum is esumated to uranium enrichment facilities remain adjudicatory hearing before issuance of production facilities for other purposes a license for construction and operation

- "'8' "

" P" "' W"' of the Act such as controlling the export (proposed il 40.33 and 70.23a): including the time for reviewing of specially designed or prepared %e requirement prohibiting issuance instnactions, searching existing data uranium enrichment eqtJpment and of a license to allow construction and sources, gathering and maintaining the preservation of Federal aatherity in operation until a hearing is completed data needed,and completing and Agreement States. and a decision issued (proposed mviewing the coDection dinfonnatin. Proposed Action Il 40.32(g) and 70.31(e)). This estimate includes the entire The requirement that en licensing process. inelmimg preparation The Commission is proposing this Environmental impact Statement (EIS) of the application and environmental g rulemaking, which is essentially be prepared in accordance with the report, and is not due to the minor i conforming in nature, to amend 10 CFR National Environmental Policy Act conforming changes being proposed ~ parts 2. 40, 50. SL 70. 75,110,140,150. before the licensing hearing is here. Send comments regarding this and 170 as required to implement completed (See { l 40.31(k) 51.97(c), and burden estimate or any other aspect of section 5 of Public Law 101-575. 70.21(h)); this collection of information, including i 4 i Section 5 of Public Law 101-475 %e requirement that prior to suggestions for reducing this burden. to I amended the Act to remove uranium commencement of operation the the Information and Records enrichment facilities from consideration Commission verify by inspection that Management Branch (MNBB-7714). U.S. as production facilities for the purposes the facility has been constructed in Nuclear Regulatory Commission. of chapters 20 and 10 of the Act. As a accordance with the license. and publish Washington. DC 20555; and to the Desk result licensing of uranium enrichment a notice of the inspecion ret.alts in the Officer. Office of information and facilities will be subject to the Federal Register (proposed { l 40.41(g) Regulatory Affairs. NEOD-3019 {3150-t procedural licensing provisions of the and 70.32(k)); and 020. -0011. -4021. -0009. -4D55, -0036, Act for source material and apocial he requirement that the licensee -0039.-0032). Off oe of Management and nuclear material under 10 CFR parts 40 carry public liability insurance against Budget. Washington, DC 20503. 1 i

l Federal Register / Vol. 50. No.179 / Monday. September 10. 1991 / Propobed Rules 46741 Draft Regulatory Analysis Reporting and recordkeeping Atomic Energy Act of1954, as amended. The Commiss. ion has prepared a draft requirements. Source material. Uranium, the Energy Reorganization Act of1974 regulatory analysis on this proposed 10 CFR Part 50 as amended, and 5 U.S.C. 553, the NRC is proposing to adopt the following regulation.The analysis examines the Antitrust. Cla ssification informa tion, conforming amendmertts to 10 CFR parts costs and benefits of the alternatives Criminal penalty. Fire protection. 2, 40. 50. M. 70. 75.110.140.150 and 170. considered by the Commission. The Incorporation by reference. draft analysis is available for inspection Intergovernmental relations. Nuclear pART 2-RULES OF PRACTICE FOR at the NRC Public Document Room. 2120 power plants and reactors. Radiation DOMESTIC LICENSING PROCEEDINGS

1. Street NW. (Lower Level),

protection. Reactor siting criterie. Washington, DC. Single copics of the Reporting and recordkeeping

1. The authority citation for part 2 is anclysis may be obtained from Mr. C.

requirements. revised to read as follows: W. Nilsen. Office of Nuclear Regulatory Research. U.S. Nuclear Regulatory 10 CFR Part $1 Authoiity: Secs.101.181. 68 Stat. 948. 953 ee amended (42 U.S.C 2201. 2231); sec.191.'as Commission. Washington. DC 20555 Administrative practice and amended. Pub. L 87-.615. 70 Stat. 409 (42 telepoone (301) 492-3834. procedure. Environmental impact US.C. 2241); sec. 201, aa. Stat.1242. as The Commission requests public statement. Nuclear materials. Nuclear amended (42 US.C 5841); 5 U.S.C. 552. comments on the draft regulatory power plants and reactors. Reporting ct on 21 a sued u e cs 53 e2. analysts. Comments on the draft and recordkeeping requirements. ,, g g analysis may be submitted to the NRC 930. 937. 938. as amended (42 US.C 2073 as mdicated under the ADDRESSES 10 CFR Port 70 2092. 2093. 2111. 2133,2134. 2135); sec.114(f). heading. Criminal penalty, llazardous Pub L 97-425. 90. Stat. 2213. as amended (42 U.S C to134(fil; sec.102. Pub. L 91-190. 83 Regulatory Flesibility Certification materials-transportation. Nucleat Stat. a53. ae amended (42 U.S.C 4332); sec. materials. Packaging and containers. 301,88 Stat.1248 (42 US.C 5871). Sections in accordance with the Regulatory Radiation protection. Reporting and 2.102.2.103.2.104. 2.105. 2.721 also issued Flexibility Act. 5 U.S.C. 605(b). the recordkeeping requirements. Scientific under secs.102.103.104.105.183.183 se St.t Commission certifies that,if equipment. Security measures. Special 930. 937. 938,954. 955, a e amended (42 U.S.C. promulgated, this rulemaking will not nuclear material. 2132. 2133,2134. 2135. 2233,2239). Sec.193 have a significant economic impact on a Pub. L 101-575.104 Stat. 2835 (42 US.C. substantial number of small entities. The 10 CFR Part 75 2243) Section 2.105 also issued under Pub. L proposed rule. when promulgated, Crimina1 pena 1ty, Intergovernmental 97415. 98 Stat. 2073 (42 US.C 2239). Section would affect only persons who build or relations. Nuclear materials. Nuclear 2.200-2.20e also issue /. under secs.180. 234 se Stat. 955. 83 Stra. 444 as amended (42 operate enrichment facilities for power plants and reactors. Reportmg US.C 2:36,2282); sec. 206, sa Stat.1248 (42 producing enriched uranium. The and recordkeeping requirements. US.C. 5846). Sections 2.600-2.00G also issued owners of enrichment facilities do not Security measures. under sec.102. Pub. L 91-190,83 Stat. 853 as fall within the scope of the definition of 10 CFR Part 110 amended (42 US.C 4332). Sections 2.700a. "small entities" set forth in section 2179 also issued under 5 US.C. 554. Sections 601(3) of the Regulatory Flexibility Act. Administrative practice and 2.754. 2.700. 2.770. 2.7a0 also issued under 5 15 U.S.C. 632. or the Small Business Size procedure. Classified information. US.C 557. Section 2.764 and Table 1 A of Standards set out in regulations issued Criminal penalty. Export. Import. (P{end x C so i d de a es 1 141 by the Small Business Administration at Incorporation by reference. 13 CFR part 121. Intergovernmental relations. Nuclear 10155.10181). Section 2.790 also issued under matenals. Nuclear power plants and sec.103, se Stat. 930, as amended (42 U.S.C. Backfit Analp,.is 2133) and 5 U.S.C. 552. Sections 2.000 and reactors. Reporting and recordkeeping 2.800 also issued under 5 US.C. 553. Section The NRC has determined that the requirements. Scientific equipment. 2.809 also issued under 5 US C 553 and ecc. backfit rule.10 CFR 50.109. does not 10 CFR Part 140

29. Pub. L es-258. 71 Stat. 579. a a amended apply to this proposed rule. Thus, a (42 US.C 2039). Subpart K. also issued under 3

backfit analysis is not required for these Criminal penalty. Extraordinary sec.189. 68 Stat. 955 (42 US C. 2239) sec.134. j amendments because they do not nuclear occurrence. Insurance. Pub. L 97-425. 90 Sta t. 2230 (42 US C.10154). i } ms olve any provisions that would intergovernmental relations. Nuclear subpart L also issued under sec.189. 68. Stut. i i impose backfits ad defined in 10 CFR materf als. Noc1 ear power p1 ants and 955 (42 US C. 2239). Appendix A also issued i 50.109(a)(1). reactors. Reporting and recordkeeping under sec. e Pub. L 91-560. 84 Stat.1473 (42 requirements. US C. 2135). Appendix D also issued under W of S h sec.10. Pub. L99-240,99 Stat.1842 (42 US C 10 CFR Port 150 2021bct*e9l-

1. "A ##

Criminal penalty, liazardous

2. In i 2.104. paragraph (b)(2)is Administrative practice and materials-transportation, revised to read as follows:

procedure. Antitrust. Dyproduct Intergovernmental relations. Nuclear matenal. Classified information, matenals. Reporting and recordkeeping i 2.104 Notice of heartne. Environmental protection. Nuclear requirements, Security measures. Source materials. Nuclear power plants end material. Special nuclear material. (b) * *

reactors, penalty. Sex discrimination.

10 CFR Port 170 (2)That. if the proceeding is not a Source ma tenal. Special nuclear contested proceeding. the presiding material. Waste trectment and disposal. Byproduct material. Non-payment officer will determine (i) without 10 CFR Port 40 penalty. Nuclear materials. Nuclear conducting a de novo evaluation of the power plants and reactors. Source application. whether the application and Criminal penalty. Government material. Special nuclear material. the record of the proceeding contain contracts. Hazardous materials-For the reasons set forth in the sufficient information, and the review of transportation. Nuclear materials, preamble and under the authority of the application by the Commission's staff

46742 Federal Register / Vol. 56. No.179 / Monday. September 16, 1991 / Proposed Rules has been adequate to support (2) Any equipment or device, or construction means any clearing ofland. affirmative findings on (b)(1) (i) through important component part especially excavation. or other substantial action (iii) specified in this section and a designed for such equipment or device, that would adversely affect the negative finding on (b)(1)(iv) specified in capable of separating the isotopes of environment of a site.ne term does not i this section proposed to be made and uranium or enriching uranium in the mean site exploration, roads necessary j the issuance of the construction permit isotope 235. for site exploration, borings to determine foundation conditions, or proposed by the Director of Nuclear other preconstruction monitoring or - Reactor Regulation or Director of S. Section 40.5 is amended by adding Nuclear Material Safety and Safeguards, paragraph (b)(1)(vi) to read a s follows: testin8 to establish background as appropriate. and (ii) if the application information related to the suitability of is for a constmetion permit for a nuclear i 40.5 Communlcauona. the site or the protection of power reactor, e testing facility, a fuel environmental values. processing plant. a uranium enrichment (b) * *

facility, or other facility whose (1) * * *

(g) Where the proposed activity constmction or operation has been (vi) Uranium enrichment 'acilities. involves use of source materialin a determined by the Commission to have uranium enrichment facility, the a significant impact on the environment.

6. Section 40.31 is amended by adding applicable provisions of Part 140 of this whether the review conducted by the paragraphs (k) and (1) to read as follows: chapter have been satisfied.

g 40.31 Applications for specific ticenses.

8. A new i 40.33 is added to read as Commission pursuant to the National Environmental Pohcy Act (NEpA) has follows:

been adequate. (k) Alicense applicat. ion for a uranium i 40.33 lesuance of a license for a urentum PART 40-DOMESTIC UCENSING OF enrichment facility must be enrichment f acility. SOURCE MATERIAL accompanied by an Environmental (a)The commission will hold a Rcport required under subpart A of part hea ng puman CFR pd '.

3. The authority citation for part 40 is 51 of this chapter' plication that involves

'".bparts A. G and 1. on each application revised to read as follows: t (1) Alicense ap with regard to the licensing of the Autbority: seca. a2. ss. S4. e5. e1.101.182. the use of source maten. lin a uranium construction and operation of a uranium a 183.186. 68 Sta t. 032. 933. 935. 948. 953. 954 enrichment facility must include the enrichment faci 1ity. The Commiss'on i 955. as amended secs.11e(2), a3. 84. Pub. L applicant's provisions for public liability ill publish pubhc notice of the hearing 95404. 92 Stat. 3033. as amended. 3039, sec. 234,83 Stat.444, es amended (42 USC insurance'. in the Federal Register at least 30 days 2014(e)(2). 2092. 2093. 2004. 20B5. 2111. 2113, before the heating. 2114, 2201. 2232. 2233. 2236, 2282): sec. 274.

7. Section 40.32 is amended by (b) A license for a uranium Pub. L 86-373. 73 Stat. 088 (42 USA 2021);

revising paragraph (e) and adding enrichment facility may not be issued secs. 201, as amended. 202. 208,88 Stat.1242. paragraph (g) to read as follows: before the hearing is completed and a as amended.1244.1240 (42 USC 5841,5842. 5840); sec. 275. 92 Stat. 3021. as amended by $ 40.32 General requirementa for issuance dectston issued on the application. pub. L 97-415,90 Stat. 2007 (42 USC 2022); of aPecific Ecenses.

9. Section 40.41 is amended by adding paragraph (g) to read as follows:

sec.193.104 Stat.U35 (42 USC 2243). Section 40.7 also issued under pub. L 95-(e)In the case of an application for a 601, sec.10,92 Stat. 2951 (42 USA 5851). license ior a uranium enrichment Section 40.31(g) alsoissued under sec.12168 facility, or for a license to possess and use source and byproduct material for (g) No person shall commence Stat. 939 (42 U.SC 2152). Section 40.46 also issued under sec.184. 68 Stat. 954' as emended (42 US.C. 2234). Section 40.71 also uranium milling production of uranium operation of a uranium enrichment issued under sec.187. 68 Stat. 955 (42 USn hexafluoride, or for the conduct of any facility until the Commission verifies 2237). Other activity which the Commission through inspection that the facility has been constructed in accordance with the For purposes of sec. 223. 08 Stat. 958. as determines will significantly affect the a mended (42 USC 2273); il 40.3. 40.7(81. quality of the environment, the Director mquimments of thelicense.The 40.25(dJ(1H3). 40.35(a}-(d) and (fl. 40.41(b) of Nuclear Material Safety and Commission shall publish notice of the and (c). 40.46,40.51(a) and (c). and 40.63 are Safeguards or his desi nee,before inspection results in the Federal 8 issued under sec 161b.1611. and 1610. 68 i Re3 nter* commencement of construction of the S d ded

10. In i 40.65. the introductory text of plant or facility in which the activity I.

i. ar 2201( di 5. 40 9. 40.25(c), (d)(3), a nd [4 }. 40.20(c)(2), will be conducted, on the basis of paragraph (a)is revised to read as 40.35(el. 40.42. 40.01. 40.02. 40.64, and 40.85 information filed and evaluations made follows: are issued under sec.101o. 68 Stat. 950. as pursuant to subpart A of part 51 of this i 40.65 Effluent monitoring reporting amended (42 USC 2201(o1). chepter, has concluded. after weighing requirements.

4. In i 40.4. the term " Uranium the environmental, economic, technical (a) Each licensee authorized to Enrichment Facility"is added io read as and other benefits against possess and use source materialin follows:

environmental costs and considering uranium milling,in production of available alternatives, that the action uranium hexafluoride, orin a uranium called for is the issuance of the enrichment facility shall: proposed license, with any appropriate Uranium enrichmentfocility means: conditions to protect environmental (1) Any facility used for separating the values. Commencement of constniction PART 50-DOMESTIC LICENSING Of-isotopes of uranium or enriching prior to this conclusionis grounds for PRODUCTION AND UTIL!ZATION uranium in the isotope 235 exmpi denial of a license to possess and use FACILITIES laboratory scale facilities designed or source and byproduct material in such used for experimental or analytical plant or facility. As used in this 11.The authority citation for part 50 purposes only; or paragraph, the term commenoementof continues to read as follows: } . - ~ _ -,,.,.

3 2 Federal Register / Vol. 56. No.179 / Monday. September 16.1991/ Proposed Rules 48743 Authority: Seca.102.103.104.105.181.182, information as may be requested by the

17. Section 51.60 is arrended by 183.106.189. 68 Sta t. 936. 937. 938. 948,953 Attorney General for antitrust review, adding paragraph (bM1Xyli) to read as 954. 955. 956, as amended, sec. 234,83 Stat.

as a separah document.as soon as follows: 124 4. as amended (42 USC 2132. 2133,2134, possible and in accordance with ! 2.101 413L 2201. 2232,2233,2238,2239,2282h secs. 201, as emended. 202. 206. 88 Stat.1242, as of this chapter. I SN ["V'd*'"'*' P ""natesta ~~ licensea. amende d.12441248 (42 USC. 5841. 5842. 5846). 1 Section 50.7 also issued under Pub. L 95-PART SI-ENVIRONMENTAt. (b) * *

601, sec.10. 92 Stat. 2951 (42 USC. 5851).

PROTECTION REGULATIONS FOF (1) * *

Section sato also issued under secs.101.185.

DOMESTIC UCENSING AND RELATED (vii) Construction and operation of a 68 Stat. 936,955, as amended (42 U.S C 2131. REGULATORY FL$CTIONS uraniurn enrichment facility. 2:35h sec.102. Pub. L 91-190,83 Stat. 853 (42 USC. 4332). Sections 50.13. 50.54(dd). a~nd

14. The authority citation for part $1 is 50.103 also issued under sec.108. 88 Stat. 939.

revised to read as follows: 18.Secu.on 51.97 is ame.nded by es amended (42 USC. 2138). Sections 50.23. adding paragraph (c) to read as follows: 50.35,50 55 and 50.56 also issued under sec. Authority: Sec tot 88 Stat. 948, as 185. 60 Stat. 955 (42 U.S.C 2235). Sections amended (42 USC. 2201): seca. 201, as i 5t.97 Final envirwmentaf inpact 50.33a 50.55a and Appendix Q also issued amended. 202. 88 Stat.1242. a s amended.1244 statemer t--meteriais ucense. under sec.102. Pub. L 91-190. 83 Stat. 853 (42 (42 US C 5841,5842). U.S.C. 4332). Sections 50.34 and 50L54 also Subpart A also issued under Naticr.d issued under acc. 204. 88 Stat.1245 (t UAC EnvironmentalPolicy Act of1909, secs.102 (c) Uran'um enricbment facility. As 5844). Sections 50.58,50.91. and 50.92 also 104.105,83 Stat. 85S-454, as amended (42 Provided in section 5(e) of the Solar, issued under Pub. L 97-415,96 Stat. 2073 (42 U.S.C 4332,4134. 4335h and Pub. L 95-e04. Wind. Waste, and Geothermal Power USC 2239). Section 50.78 also issued under Title !!. 92 Stat. 303S4041: and Sec.193. Pub. Production Incentives Act of 1990 (104 sec.122. 68 Stat. 939 (42 USC 2152). Sections L 101-575.104 Stat. 2835 (42 USC 2243). Stat. 2834 et 2835,42 U.S.C. 2243), a final 50.80-50.81 also issued under sec.184. 88 Stat. Sectjoru $1.20. 51.30. 51.00. 51.81. 51.80, and environmentalimpact slatement mpst bc 954. as amended (42 USC 2234). Appendix F 51.97, also lasued under secs.135.141 Pub. L prepared before the hearing on the J also issued under sec.187. 88 Stat. 955 (42 97-425. 96 5 tat. 2232. 2241. and sec.14e Pub. issuance of a license for a uranium USC 2237). L 200 03.101 Stat.1330-223 (42 USL.10155, enrichment facility is completed. For the purposes of sec. 223.88 Stat. 958 as 10101.10168). Section 51.22 also issued under amended (42 USC. 2273h Il 50.46 (a) and sec. 274. 73 Stat. 888, as amended by 92 Stat. PART 70-DOMESTIC IEENSING OF (b). and 50.54(c) are issued under sec.101b. 68 3036-3038 (42 U.S.C 2021) and under Nuclea+ i Stat.94& as amended (42 USC 2201(b)h Waste Policy Act of1982. sec.121.96 Stat. SPECIAL NUCLEAR MATERIAL ll 50.7(a). 50.10(aHc) So.34 (a) and (e). 2228 (42 USC. 201st). Sees. 51.43. 51.e7. and 50.44(aHc). 50.401a) and (b). 50.47(b) 50.48 51.109 also issued under Nuclear Waete 19.The authorit citation for Eart 70 is (a). (c). (d) and (el. 50 49(a1. 50.54 (a). (i). Policy Act of 1982, sec 114(f). 96 Stat. 2218. as revised to read as follows: I (i)(1). (lHn). (p). (q), (t). (v). and ty). 50.55(f). amended (42 UAC 10134(f)). Authority: Secs. 51. 53.101.182.183. 08 1 50.55a la) (cHe). (g). and (h). 50.59(c). Stat. 929. 930. 948. 953. 954. es amended. sec. 50 60(a). 5042(c). 50.84(b), and 50.80 (a) and

15. In l 51.14. the tenn Uranium 234. 83 Stat. 444, as amended (42 USC 2tr:1.

(b) are issued under sec.1611. 6a Sta t. 949. as enrichment facility is added to read as 2073,2201. 2232, 2233,2282h eeca. 201. as amended (42 U.S C 2201[i)): and 1150.49 (d). follows: amended. 202. 204. 208, 88 Stat.1242. a s (h). and (i). 50.54 (w). (z). (bb). (cc). and (dd), amended.1244,1245.1246 (42 USC 3841 j 50.55(e). 50.59(b). 50.61(b). 50 62(b] 50.70(a). $ 51.14 Detinitions. 5842. 5845. 5846h occ.193.104 Stat. 2a35 (42 50 71 (aHc) and (e). 50.72( ). 5a73 (a) and (a) As used in this subpart. U S C 2243). 4 (b). 50.74. 50.78, and 50.90 are issued under Sections 70.1(c) and 70.20e(b) also issued ecc.1610. 68 Stat. 950. as sm(nded (42 USC. under secsM35,141. Pub. L 97-425. 96 Stat. 2201(o)). Uranium enrichmenf facility means: 2232,2241 (( 2 USC 10155.10181). Section

12. In i 50.2. paragraph (2) of the term (1) Any facility used for separating the 70.7 also issued under Pub. L 9u01. sec.10,

.. Production Facility...is revised to read Isotopes of uranium or enriching 92 Stat. 2951 (42 USC 5851) Section 70.21(g) a as Mows: uranium in the isotope 235. except also ins d under sec.122. 68 Stat. 939 (42 laboratory scale facilities designed or USC. 2 2). Section ra31 also lesued under 1 50.2 Definitions. used for experimental or analytical sec. 57d, Pub. L 93-377. 88 Stat. 475 (42 USC As used in th.is part. purposes on]y: or 20/7). Sections 70.36 and 70.44 also issued under sec.184. 88 Stat. 954. as a mended (42 (2) Any equipment or device, or U.S C 2234). Section 70.81 also issued under Production focility means: important component part especia!!y secs.1eo.187. cr Stat.955 (42 USC 2230. designed for such equipment or device. 2237). Section 70 62 also issued under sec. (2) Any facility designed or used for capaW d separsung Se botopes d 10838 Stat.939 n emen%42 m 213ah uranium or enriching uranium in the For the purposes of sec. 223. 68 Stat. 958, as thc separat. ion of the a.sotopes of plutonium. except laboratory scale isotope 235. amended (42 USC 2273h 1170.3. 70.7(g). 70.19(c). 70.21(c). 70.22 (a) (b). (d)-{kl. 70.24 facilities designed or used for (a) and (b),70.32 (a)(3),(5). (6), (d), and li). cxperimental or anaytical purposes

10. Section 51.20 is amended by 70.38,70.39 [b] and (c). 70.41(a),70.42 (a) and only; cr adding paragraph (b)(10) to read as (c). 70.56. 70.57 (b). (c), and (d). 70.51 (a)-

fo!!ows: (g)(3). and (h)-(l) are issued mder a inib, 1511. and 181o. 08 Stat. 948,949. and 950. ae

13. In i 50.33a. paragraph (e) is i 51.20 Crtierta for and identification of emended (42 USC. 2201(b). 2201(1). and ievtsed to read as follows:

Heensing and regulatory actions requiring 2201(c)); il 70.7. 70.20e (a) and (d). 70.20b (c) I en* nmentalimpact statements. and (e]. 70.21(c). 70.24(b). 70r(a )(0). (c), (d). $ 50.33a Informet$on requeste.1 try the 1 Attorney General for antitrust review. (e), and (r). 70.38. 70.51 (c}-(g) 70.58,70.57 (b) (b)... and (d) and 70.58 (a)-(g)(3) and (h)-(j) are issued under sec.1611. 60 Stat. 949, a: (e) Any person who applies for a class (10) Issuance of a license for a amended (42 USC 2201(1)). and 1170S 70.9 103 construction permit for a fuel uranium ennchment facility. 70.20b (d) and (e). 70.38,70 51 (b) and (i). reprocessing plant shall submit such 70.52. 70.53. 70.54. 7025. 7038(s)(4). (k ). a nd

46744 Federal Register / Vol. 56, No.179 / Monday September 10, 1991 / Proposed Rules a ~ (1),70.59, and 70.00 (b) and (c) are issued material in a uranium enrichment i 70.23a Hearing required for uranium under sec.161o. 68 Stat. 950, as amended (42 facility must include the applicant's enrichment facility. U.S.C. 2201(o)). provisions for public liability insurance. The Commission will hold a hearing

20. In i 70.4 the term " Uranium

25. Section 70.23 is amended by under la CFR part 2, subparts A. G, and enrichment facility"is added to read as revising paragraphs (a)(7) and (a)(11) 1 on each application for issuance of a follows and by adding paragraph (a)(12) to read license for construction and operation of as Mows a manium enrichment facility.The,

f 70.4 Definitions. Comm,ssion will publish pubhc notice of i { 70.23 Requirements for the approval of the hearing in the Federal Register at Urum,um enrichment acility means: applications. least 30 days before the hearing. (1) Any facility used or separatmg the (,)...

27. Section 70.25 is amended by isotopes of uranium or enriching uranium in the isotope 235, except (7) Where the proposed 1ctivity is revising paragraph (a) to read as j

laboratory scale facilities designed or processing and fuel fabrication, scrap follows: i used for experimental or analytical recovery, conversion of uramum hexalluoride, uranium enrichment i7015 Financial assurance and j (2) ny equ p.ent or device, or faciWy constnaction and opera %n, or recordkeeping for decommissioning. important component part especially any othu, activity which the (a) Each applicant for a specific l Commission detennines will license of the types enumerated in designed for such equipment or device, capable of separating the isotopes of significantly affect the quality of the paragraphs (a) (1) and (2) of this section uranium or enriching uranium in the environment, the Director of Nuclear shall submit a decommissioning funding isotope 235. Material Safety and Safeguards or his plan as described in paragraph (el of j

21. Section 70.5 is amended by adding designee, before commencement of this section.

paragraph (b)(1)(vii) to read as follows: construction of the plant or facility in (1) A specificlicense for a uranium i which the activity will be conducted, on '"'ICh**"I facilI'Y' I 9 70.5 Communications. the basis of information filed and (b)*** g evaluations made pursuant to subpart A (2J A specific license authon..zmg the t. (1) * *

of part 51 of this chapter, has concluded, possession and use of unsealed special (vii) Uranium Enrichment Facility.

after weighing the environmental, nuclear rnaten,al m quantities egceeding

22. In i 70.8 paragraph (b) is revised economic, technical, and other benefits 105 times the applicable quantities set 1

l to read as follows: against environmental costs and forth in appendix C to il 20.1-20.001 of considering available alternatives, that 10 CFR part 20. A decommissioning ) feq re s"ap rov.i the action called for is the issuance of funding plan must also be submitted ent the proposed license, with any when a combmation of isotopes is appropriate conditions to protect involved if R divided by 105 is greater (b) The approved information environmental values. Commencement than 1 (unity rule), where R is the sum of l collection requirements contamed in this part appear in il 70.19, 70.20a, 70.20b, of constniction prior to this conclusion the ratios of the quantity of each isotope is grounds for denial to possess and use to the applicable value in appendix C to sPecial nuclear material in such plant or (( 20.1-20.001 of to CFR part 20. l 47 ,7 7

0.57,703Q. 70.59, and 70.00.

facility. As used in th,s paragraph, the i 7 term " commencement of construction"

28. Section 70.31 is amended by means any clearing of land, excavation.

adding paragraph (e) to read as follows:

23. Gection 70.21 is amended by or ther substantial action that would revising paragraph (a)(1) and adding paragraph (h) to read as follows:

".dversely affect the environment of a g 70.31 issuance of Ilcenses. aite.The term does not mean site $ 70.21 riting. exploration, roads necessary for site (e) No license to construct and (a)(1) A person may apply for a exploration, borings to determine operate a uranium enrichment facility i license to possess and use special foundation conditions, or other shall be issued until a hearing pursuant i nuclear material in a plutonium preconstruction momtoring or testing i to 10 CFR part 2, subparts C and 1. is I processing or fuel fabrication plant, or establish backround information completed and a decision issued on the l for a uranium enrichment facility license related to the suitability of the site or application. by filing 25 copies of the appbcation the protection of environmental values.

29. Section 70.32 is amended by with tlye Director Office of Nuclear adding paragraph (k) to read as follows:

Material Safety and Safeguards, U.S-(11) Where the proposed activity is i Nuclear Regulatory Commission. processing and fuel fabrication, scrap i 70.32 conditions of Ilcenses. Washington, DC 20555-recovery, conversion of uranium hexafluoride, or involves the use of (k) No person shall commence (h) A license application for a uranium special nuclear material in a uranium operation of a uranium enrichment enrichment facility must be enrichment facility, the applicant's facility until the Commission verifies accompanied by an Environmenta,- proposed emergercy plan is adequate-through inspection that the facility has Report required under subpart A of part (12) Where the proposed activity is been constructed in accordance with the 51 of this chapter, use of special nuclear materialin a requirements of the license.The

24. Section 70.22 is amended by uranium enrichment facility, the Commission shall publish notice of the adding paragraph (m) to read as follows: applicable provisions of part 140 of this inspection results in the Federal

( 70.22 Contents of appilcations. chapter have been satisfied. Register.

30. Section 70.59 is amended by (m) A license application that

26. A new i 70.23a is added to read ac revising the introductory text of involves the use of special nuclear follows:

paragraph (a) to read as follows:

Federal Register / Vol. 50. No.179 / Monday. Septernber 10, 1991 / Proposed Rules 46M5 6 70.59 Effluent monitoring reportin9 (42 U.S.C 2152) and secs. 54c and 57d.,88 { 140.1 Purpose. requirements. Stat. 473. 475 [42 U.S.C 2074). Section 110.27 The regulations in this part are issued (a) Each licensee authorized to also issued under sec. 30>(a). Pub. L 99-440. to provide appropriate procedures and possess and use special nuclear material ) 3] requirements for determinirig: tion 110. c. for processing and fuel fabrication. 110 51 also issued under sec.184. 08 Stat. 954. (a) The financial protection required terap recovery, conversion of uranium a s amended (42 USC 2234). Section 11032 of bcensees and for the indemnification hexafluonde, or in a uranium also issued under sec.188. 68 Stat 955 (42 and limitation of liability of certain enrichment facility shall: U.S C 2:36). Sections u0ao-tio.113 also licensees and other persons pursuant to issued under 5 U.S.C 652. 554. Sections section 170 of the Atemic Energy Act of 110.30-110.35also issued under 5 U.S C. 5.i3. 1954 (68 Stat. 919). as amended; and pART 75-SAFEGUARDS ON For the purposes oTsec.223.ea Stat.958 as (b) ne financial protection required NUCLEAR MATERIAL-amended (42 U.S.C 2273) { { 110.20-110.29 IMPLEMENTATION OF US/lAEA 110.50 and 110.120-110.129also issued r.nd'er of uranium enrichment facility licensees pursuant to section 193 of the Atomic AGREEMENT secs.1cib and t 68 Stat.948,949. as amended Energy Act of 1954 (88 Stat. 919), as (42 U.S.C 2201(b) and (i)): and li 110.7a and amended. 31.The authority citation for part 75 is 110.53 also issued under sec.1sto es Stat. revised to read as follows: 950. as amended (42 U.S C 2201(o)).

38. Section 140.2 is emended by adding paragraph (a)(4) to read as Authority: Secs.53.63,103.104,122,161.68

{o;jows Stat. 930. 932. 937. 939. 948. as amended (42

34. In i 110.2. the term Uranium U.S.C. 2073, 2093. 2133, 2134. 2152, 2201); sec.

g m Sm 201. 88 Stat.1242, as amended (42 U.S.C. enrichment facility is added to read as (a) The regulat,ons in this part apply i SSill: sec. 5. Pub. L 101-575.104 Stat. 2835 follows: (42 U.S.C. 2243). SectWn 75.4 also issued under secs.135. { M 0.2 Dennmons. (4) To each person licensed pursuant 141. Pub. L 97-425. 96 Stat. 2232. 2241 (42 to parts 40 and 70 of this chapter to U.S C.10155.10161)- Uranium enrichmentfocility means: construct and operate a uranium l'or the purposes oI section 223. 68 Stat. 958. (1) Any facility used for separating the enrichment facility. as amended (42 U.S.C. 2273); the provisions of isotopes of uranium or enriching this part are issued urder sec. 1610,68 Stat. uranium in the isotope 235, except 39 Section 140.3 is amended by 930. as amended (42 U.S C. 2201(o)). laboratory scale facilities designed or adding a new paragraph (m) to read as used for experimental or analytical follows: purposes only; or

32. In i 75.4. paragraph (L)(6) is udded i 140 3 Dennmons.

tu read as follows: (2) Any equipment or device, or important component part especially As used in this part: 1 75.4 De finttlons. designed for such equipment or device. capable of separating the isotopes of (m) Uranium enrichmentfacility (k) * *. uranium or enriching uranium in the means: (6) Any facility used for separating the is t pe 235. (1) Any facility used for separating the isotopes of uranium or enriching isotopes of uranium or enriching uranium in the isotope 235. except

35. Section 110.9 is amended by uranium in the isotope 235. except laboratory scale facilitice designed or adding paragraph (f) to read as follows:

laboratory scale facilities designed or used for experimental or analytical used for experimental or analytical purposes only; or any equipment or i 110.9 Uit of nuclear equipment and purpcscs only; or device, or important component part material under NRC import licensing (2) Any equipment or device, or

uth ritY-important component part especially especially designed for such equipment or device, capable of separating the designc8 for such equipment or device, isotopes of uranium or emiching (f) Uranium enrichment facilities.

capable of separating the isotopes of uranium in the isotope 235. uranium or enriching uranium in the P ART 140--FINANCIAL PROTECTION isotope 235. REQUIREMENTS AND INDEMNITY

40. In { 140.9a. paragraph (b) is AGREEMENTS revised to read as follows:

PART 110-EXPORT AND IMPORT OF

UCLEAR EQUIPMENT AND

36. The authority citation for part 140 140.9a information cotiection MATERIAL is revised to read as follows:

requirements OMO approvat . 33.The authority citation for part 110 Authority: Secs.161,170. 68 Stal M8. 71 is revised to read as follows: Stat. 5?e. as amended (42 U.S.C. 2201. 2210): (b) The approved information secs 201. as amended,202. 68 Stal 1242, as collection requirements contained in this Authority: Secs. 51.53.54,57.61.64,65.81. amended. 1244 (42 U.S.C. 5841. 584?). part appear in [l 140.6.140.7.140.13b. e2.103.104.109. nl.12a 127.128.129.161 Section 140.13b is issued under Section 140.15.140.17.140.20.140.21 and 140.22, 181.182.183.187.189. 69 Sta L 929. 930. 931. 193(d) 104 Stat. 2835 (42 U.S.C. 2243). (49 FR 19629. May 9,1984). 932. 933. 936. 937,948. 953. 954,955. 950, as for the purposes of sec. 223. 68 Stat. 958, as

41. A new i 140.13b is added to read a mended (42 U.S C. 2071. 2073. 2074. 2077 mnended (42 U.S C. 2273): il 140.11(a),

as follows' 2092-2095.2111,2112.2133.2134.2139.21394 140.12(a).140.13. and 14013e are issued under 1 2141, 215+-2158, 2201. 2231 2233. 2237, 2239)- sec.161b. 68 Stat. 948. as amended (42 U.S C. I 140.13b Amount of financial protecUon sec. 2C1. 8P Stat.1242. as amended (42 U.S C. 2201(b}); and i 140s is issued under sec.1010 required for urantum enrichment f acmtles. 11:se P. l.101-575.104 Stat. 2835 68 Stat. 950, as amended (42 US C. 2201(o)). Each holder of a license issued under Sechon 110.1(b)(2) also issued under Pub.1. parts 40 or 70 of this chapter for a 9M2. 93 Stat. 710 (22 U.S C. 2403). Section

37. Section 140.1 is revised Io read as uranium enrichment facility that 110.11 also issued under sec.122. 68 Stat. 939 follows:

involves the use of source material or l l }

i 46746 Federal Register / Vol. 56. No.179 / Monday. September 10. 1991 / Proposed Rules special nuclear materialis required to defense and security, or in such manner i 170.21 ( Amendedl have and maintain financial protection as to affect the health and safety of the

40. In i 170.21 the table " Schedule of in the form ofliability insurance. Such public, including a uranium enrichment Facility Fees"is amended by removing liability insurance must be the type and (acility; or and reserving Category E. Uranium in the amounts the Commission (2) Any important component part Enrichment Plant.

1 considers appropriate to cover liability especially designed for such equipment

47. In i 170.31, the table *-Schedule of claims arising out of any occurrence or device as determined by the Materials Fees" is revised by adding 1E within the United States that causes.

Commission-to read as follows: within or outside the United States. bodily injury, sickness, disease, death. (m) Uranium enrichment facility ,Id7[3],S mage edu1e es is loss of or damage to property, or loss of means: use of property arising out of or resulting (1) Any facility used for separating the Including inspections and import and 1 from the radioactive, toxic, explosive, or isotopes of uranium or enttching export licenses. t other hazardous properties of chemical uranium in the isotope 235, except compounds containing source material laboratory scale facilities designed or or special nuclear material. Proof of used for experimental or analytical SCHEDULE OF MATEmAls FEES financial protection must be filed with purposes only: or the Commission as required by i 140.15 (2) Any equipment or device, or ,,,,, g g g before issuance of a license for a important component part especially uranium enrichment facility under parts designed for such equipment or device. Category of matenals konses and y",, type e see

40 and 70 of this chapter, capable of separating the isotopes of uranium or enriching uranium in the

i. speciai nuciear maiens PART 150-EXEMPTIONS AND isotope 235.

E. bcensas w constructen and operaton v a CONTINUED REGULATORY PART 170-FEES FOR FACILITIES "'*"'"**""Ch"*"C*Y AUTHORITY IN AGREEMENT 8TATES AND MATERIALS LICENSES AND 3,3,non ucense, sene.c, Amendment run Cost AND IN OFFSHORE WATERS UNDER OTHER REGULATORY SERVICES inspecuan. SECTION 274 UNDER THE ATOMIC ENERGY ACT OF nouurw run cost

42. The authority citation for part 150 1954, AS AMENDED Nontouune Fun Cost is revised to read as follows:

44. The a uthority citation for part 170 Authority: Sec.161. 68 Stat. 948, as continues to read as follows:

3,,,,, amended, sec. 274. 73 Stal 688 (42 U.S C Authority: 31 U.S.C 9701. 96 Stat.1051: sec, schedute en be assessed for preapplicauon consul-2201,2021); sec. 201,88 Stat.1242, as 301. Pub. L 92-314. 60 Sta t. 222 (42 U.S.C tatens and towws. apphcatons W new kenses amended (42 U.S C 5841): sec. 5 Pub. L 101-2201w); sec. 201,88 Stat.1242. as amended 8#P',l*[*b'j*,"C *"" s ng$ 575.104 Stat. 2835 (42 U.S.C. 2243), (42 U.S.C. 5841). p, and n ewa o Sections 150.3.150.15.150.15a.150.31. censes and approvals, safety evaluatons of sealed 150.32 also issued undet secs.11e(2). 81. 68 sources and devces, and espectons Tte fonomno Stat.923.935 as amended, seca.83.84.92

45. In i 170.3 paragraph (2) of the Ta7 /"p[u' N trea M**'"ons for new maten.

Stat. 3033. 3039 (42 U.S.C 2014e(2). 2111,2113. term " production facility"is revised and a!s konas and apprea6s: appecatons 2 reinstate 2114). Section 150.14 also issued under sec. a new term.' Uranium emichment empired kcenses and approvais eucept it ose su%ect e iees usessed at ton cost, and appticams tiwd by t

53. 68 Stat. 930, as amended (42 U.S.C. 2073).

facility"is added to read as follows: Agrament State 6 census to eg1 ter uncier 9eneral Section 150.15 also issued under secs.135. bconse provisons of to CFR 2o. must be ac. 141. Pub. L 97-425. 90 Stat. 2232, 2241 (42 $ 170'3 Definitions, e moan.ed by N presented apphcaton see W U.S.C 1015' 10161). Secdon 150.17a also each category, except that. (t) Apphcatons for b-conses covering more than one see category of issued under sec.122,68 Stat. 939 (42 U.S.C Productionfacility means: 7

[y*d* *"*'fg'C* magi n st,tw 2152). Section 150.30 also issued under sec.

.ppi n. 234. 83 Stat. 444 (42 U.S C 2282)- the hghest tw category; and #2) apphcations for For the purposes of sec.223,68 Stat. 958, as (2) Atiy facility designed or used for hcensa under the Catagg 1E anust be accompa-i. amended (42 U.S.C 2273): ll 150.20(b)(2)-{4) the separation of the isotopes of $)NseYaSaYevieIrEs-rees for apph-end 150.21 are issued under sec.101b. 68 Stat. plutonium, except laboratory scale C8 '*** * "C*" d *PP'0**'*

"d '

948, as amended (42 U S.C. 2201(b)): 1 150.14 facihties designed or used for preappkcation'*consulta"t.ons"a"nd reviews sub,ect to' tvu cost ses (tw categorm 1 A, ta.10. 2A. 4A. is issued under sec.101L 68 Stat. 949, as experimental or analytical purposes 10A 1 A. 1 due aca amended (42 U.S.C 2201(i)); and ll 150.16 only; or gg, k.nd gn 150.19 and 150.20(b)(1) are issued under sec. tc) senews//reapproval tees-Appbcat.ons for te. 1610,68 Stat. 950. as amended (42 U.S.C. 2201[o)). Uranium enrichment facility means: [*[ int. e"rd fsDe'e"$ UcC$ (1) Any facility used for separating the ry. except inat sees er apphcatens sor renewal of

43. In i 150.3. paragraph (h) is revised isotopes of uranium or enriching g**o*n,*,"d,f,05l'g**d'$*$e*iN'N N'i$

and paragraph (m)is added to read as uranium in the isotope 235. except and 14) are due upon nouiscahon by the Comrnesson follows: laboratory scale facilities designed or m 7 & *'t," ji70)f(d) f g,, 9 150.3 Definitions. used for experimental or analytical ,nents e scenses and appro 7s"'*x, cept those suo. purposes only; or ject to two essesad at fun cost, must to accompa.- (2) Any equipment or device, or rued by the presenbod amendment fee for each (h) Productw, n facility means: important component part especially a hcense or approval classified in enore than one see hcense a%cted. An appocanon w an ernendmeni e (1) Any equipment or device designed for such equipment or device, catem must tw accomponed by m pre.cnbed determined by rule of the Commission to capable of separating the isotopes of E"*i$ u"nIth" **Nnt rYspb#$ be capable of the production of special uranium or enriching uranium in the two or more la categores, m wtuch case the ame t nuclear materialin such quantity as to isotope 235, $7no "'M"nd $N,***" *eNi h'G be of significance to the common costs pee Categones 1 A,18,1E. 2A, D, 10A.

Federal Register / Vol. 50, No.179 / Monday. September 16, 1991 / Proposed Rules 46747 i t.12.13A. and 14). amendment f.+s are due upon DEPARTMENT OF TRANSPORTATION presented are particularly helpful in notificaten by the commiss.on in accordance mtn develop nS reasoned teEdator" i i 170.12 4 (2) An application for amendment to a J matena!s license or approval that would place the Federal Aviation Administration decisions on the proposal. Comments kcense or approva m a twoher fee categorypt add a are specifically invited on the overall N**e/@ic7tEfNor tt@EM.'[3 14 CFR Part 75 regulatory, acronautical, economic, An apphcaten for amendment to a license or an-proval tnat would reduce the scope of a heense's [ Altspace Docket No. 91-AWP-4] environmental, and ene, rgy aspects.of program to a lower see category must be accompa. the proposal. Commumcations should nied by the presented amendment fee for the lower Proposed Alteration of Jet Route J-92 identify the airspace docket and be fee category. (4) Apphcatons to ternunate hcenses submitted in triplicate to the address N['or**dE[n'il*m"inIt[n3'r*c'ebuN"a"e r AGENCY: Federal Aviation listed above. Commenters wishing the quwed. are not subject to fees. Administration (FAA). DOT. FAA to acknowledge receipt of their Y0 Ed spect ACTION: Notice oT proposed rulemcking. comments on this notice must submit sessed h with those comments a self addressed. partormed nduding mspections conducted by the NRC of Ag eement State bconsees who conduct

SUMMARY

'Irlis notice proposes to alter stamped postcard on which the actmtes e non. Agreement States under tne rec'-

procitv provisens of 10 CFR 15C20. Inspect.ons the descriptio,n of Jet Route J-92 located follow.mg statement is made: resuiting from ovest.gations conduct.ed by one o*t.ce between Yakima, WA, and Mustang. 4 of investgations and nonrovtme mspecions inat NV.The esta'Jishment of this route is .' Comments to Airspace D.ocket No.91-resuit from thiro+ arty aitagatons are not subtect to AWP-4. T.he postcard will be date/ time fees. If a licensee acids more than one anatenals necessary to imprave the flow of traf,.ac stamped and returned to the commenter. 6 cense at a smgie tocaton, a fee equat to the in the Reno. NV, termmal area and All communications received before the tughest see category covered by the 6cemes en be provide an aIternate route ior specified closing date for comments will assessed d the espectons are conducted at the same t.me unless tne inspecten fees are based on northbound departures. Altcraft be considered before taking action on 'Yse's" sed aYfuIl u N dye M basu'"' departing northbound and overflying the proposed rule.The proposal h' a the professonal statt time recured to conduct the this area are often issued this route by contained in this notice may be changed $"io'"Eny @'d*c',#'[c'tuld g controllers to insure separation from in the light of comments received. All D t traffic using Jet Route J-5.The. comments submitted will be available scrwces costs ocurred wdt be added. Ucenses cow. enna more than one category en be charged a fee adjustment of tais route is designed to' f **"tination in the Rules Docket equai to tne highest tee category covered by th* heense. Inspecton lees are due upon rotsticat.on by establish optimum use of the a'rspace in both before and after the closing date i the Commesson m accordance w'tti i 17012(g) See this region and reduce centroller for comments. A report summarizing Footnote 5 for otnar mspecten notes. "kload- = Fees.de not be ct.arged for orders issued by each substantive public contact with the Commesson pursuant to 10 CFR 2204 nor for DATES: Comments must be received on FAA personnel concerned with this EsY.oo E

D v E.*((Es' N c Y ged ty" or before November 1,1991.

rulemaking will be filed in the docket. approvais ssued v., ant to a speat.c enemP'*" ADORESSES: Send comments on the Ava. lability of NPRM's r owsen ce the commessen s ne vision under titie 10 of tree Code of Federal egulations (e g.. proposalin triplicate to: Manager. Air is 30 ti. 40 t4. 70.ia. 73 5, and any other sectons Traffic Division. AWP-500. Docket No. Any person may obtain a copy of this Inor0'sN*mNn'e"No'fNe*0se Nmey 91-AWP-4 Federal Aviation Notice of Proposed Rulemaking (NPRM) mier of enrovat ssfet evaivaten report. or other Administration. P.O. Box 92007 by submitting a request to the Federal UsIes'sEo[.o*nai fNse's"i[8#"'*"[8j W ridway Postal Center, Los Angeles. Aviation Administration, Office of s c cewce evewons as snown in Category 9A tnrougn CA 90009. Public Affairs. Attention: Public Inquiry ' Full co:.t fees w.4 be deterrrmed based on the y nW, M.42M. M Mpenknm pro essonal statt t.m. and appropnate contractuai m the Rules Docket, weekdays, except Avenue, SW., Washington, DC 20501, or c s4 port serwces ervenced. For tnose appi.cai.ons Federal holidays, between 8:30 a.m. and by calling (202) 207-3484. NNneYuil$sIer'r n or 'if $7t$ 5 p.m.The FAA Rules Docket is located Communications must identify the p ovessensi statt tou s expended for tne rewew of in the Office of the Chief Counsel, room notice number of this NPRM. Persons Ni ENMtIprNe$s*en'ai rates sg 910,800 Independence Avenue.SW, interested in bcIng placed on a mailing uned for in June 20. t684. January 30,1989,and Washington, DC. list fa[ future NPRM's should also Juty 2.1994 rules as approplein. For those apple. An informal docket may also be request a copy of Advisory Circular No. I aIncYa7a IEcNg Nst[$ 9,3 cxamined during normal business hours U-2A which describes the application ic by J.ne 23.1964, and Ju'y 2.1990 rules, but are stdf at the office of the Regional AirTraffic procedure. Pendmg comoieten of the review, tne cost mcurred giVision' s'ter any apphcabie ceding was reached tnrough The Proposal Jani ary 29.1989. =dt not be bdied to the applicant FOR FURTHER INFORMATION CONTACT: NNtIr'$aYa'y*N 89. Alton D. Scott, Altspace and The FAA is considering an t b ressed at the spot.cacie rates estabhsbed ty Obstruction Evaluation Branch (ATP-amendment to i 75.100 of part 75 of the e c'o'ts e7c so[ob s$s n' 240) Airspace-Rules and Aeronautical Federal Aviation Regulations (14 CFR s',0.ooo for each top. cal report amendment. rewson Information Division. Air Traffic Rules part 75) to alter the description of jet o s rpplement to a topical report completed or unde' and Procedures Sesvice, Federal Route j-92 located between Yakima, Itn's rNi ro[t)tEEt$*a*o"p7cInI /7 Aviation Administration,800 WA, and Mustang, NV. The pio'essonal hours expend <.d on or aher the eeec-Independence Avenue. SW., establishment of this route is necessary Is ab sue l1Io 2 Sve'nt.IIe t l Washington, DC,20591; telephone: (202) to improve the flow of traffic in the in n review ccsts be sess than rocs the houdy rate 267-9252. Reno. NV terminal area and provide an m e! m 20 SUPPLEM ENTARY INF ORM ATION: alternate route Ior northbound Dated at PodnDe. Maryland. this 9th dry Comments Invited ofth ound rflying t s area are do i ef SepMenber 19'M. ? for the Nuclear R:phstory Cornminion. Interested parties are invited to often issued this route by controllers to i ^ participate in this proposed rulemaking msure separation from traffic using jet Samuell Chilk, by submitting such written data, views. Route j-5.This action would improve - l Scuercry of the Commission. or arguments as they may desire, existing routes within this region while [FR Doc M42072 Fded M3-90 8A3 aml Comments that provide the fa::tual basis p*oviding additional routes to sw=c coot rsso-os-w supporting the views and suggestions acccmmodate increasing air traffic. This

) s - ~i:..:5T 4LMEEP PRCPCSED RULE $ A, /g40 h M' i f ( S$$Y l30 f( b r-St.Yc /% -9O-) col '91 ScP 12 E T6 [7590-01] NUCLEAR REGULATORY COMMISSION 10 CFR Parts 2, 40, 50, 51, 70, 75, 110, 140, 150, and 170 RIN 3150-AD90 Uranium Enrichment Regulations ) AGENCY: Nucittar Regulatory Comission. ACTION: Proposed rule,

SUMMARY

The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations concerning the licensing of uranium enrichment facilities to reflect changes made to the Atomic Energy Act of 1954, as amended (the Act) by the Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990. The principal effect of these amendments is that uranium enrichment facilities will be licensed subject to the provisions of the Act pertaining to source material and special nuclear material rather than under the provisions pertaining i to a production facility. /2/Lf'l( DATE: Comment period expires (75 days from the date of publication in the Federal Register). Comments received after this date will be considered if it k ut\\i Al1.oH M ) 1 1

( is practical to do so, but the NRC is able to assure consideration only for comments received on or before this date. ADDRESSES: Mail written comments to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Docketing and Service Branch. Deliver comments to One White Flint North,11555 Rockville Pike, Rockville, MD, between 7:45 am and 4: 15 pm Federal workdays. Copies of the draf t regulatory analysis and connents received may be examined at the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC. FOR FURTHER INFORMATION CONTACT: Mr. C. W. Nilsen, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-3834, or Mr. P. Loysen, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-0685. SUPPLEMENTARY INFORMATION:

Background

On November 15, 1990, the President signed the " Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990," Pub. L.101-575, which, among other things, amenced the Atomic Energy Act (the Act) with respect to the licensing of uranium enrichment facilities. The principal effect of these changes is that uranium enrichment facilities will be licensed pursuant to the provisions of the Act pertaining to source material and special nuclear material rather than the provisions pertaining to a production facility. 2

r Unaer tna new provisions, licensing of uranium enrichment facilities will become a single step licensing process with one license issued pursuant to 10 CFR Parts 40 and 70 rather than a two-part licensing process under 10 CFR Part 50. However, amendments to the Act which address the licensing of uranium enrichment facilities also mandate an environmental review, adjudicatory hearing, inspection oefore operation, and third party liability insurance. Also, uranium enrichment facilities remain production f acilities for other purposes of the Act such as controlling the export of specially designed or prepared uranium enrichment equipment and preservation of Federal authority in Agreement States. Proposed Action The Commission is proposing this rulemaking, which is essentially conforming in nature, to amend 10 CFR Parts 2, 40, 50, 51, 70, 75, 110, 140, 150, and 170 as required to implement Section 5 of Pub. L. 101-575. Section 5 of Pub. L. 101-575 amended the Act to remove uranium enrich-ment f acilities from consideration as production facilities for the purposes of Chapters 10 and 16 of the Act. As a result, licensing of uranium enrichment facilities will be subject to the procedural licensing provisions of the Act for source material and special nuclear material under 10 CFR Parts 40 and 70 with the adcition of new requirements concerning facility construction and operation. To reflect Pub. L. 101-575, the addition of a definition for uranium enrichment facility is being proposed that would incluce both (1) a facility used for separating the isotopes of uranium or enriching uranium in the isotope 235 ana (2) any equipment or device capable of such action. The new definition continues to exclude laboratory scale facilities designed or used for experimental or analytical purposes from licensing as a uranium enrichment facility as was 3

f the case prior to enactment of Pub. L. 101-575. However, commercial laboratory scale enrichment would be a licensed activity, and licensees would be required to have appropriate source material and special nuclear material licenses and to comply with all applicable regulations. Uranium enrichment facilities remain production facilities for chapters other than Chapter 10, " Atomic Energy Licenses," and Chapter 16, " Judicial Review ano Aaministrative Procedure," of the Act. Therefore, there is no change for purposes of controlling the export of specially designed or prepared uranium enrichment equipment and the preservation of Federa 3 authority over uranium { enrichment licensing in Agreement States. To conform with the changes added to the Act by Pub. L. 101-575, the proposed amenaments contain five (5) new licensing requirements specific to the licensing of uranium enrichment f acilities. The amendments to 10 CFR Chapter I which are necessary to implement these requirements include: The requirement to conduct a single adjudicatory hearing before issuance of a license for construction and operation (proposed SS 40.33 and 70.23a); The requirement prohibiting issuance of a license to allow construction dnd operation until a hearing is completed and a decision issued (proposed ss 40.32(g) and 70.31(e)); i The requirement that an Environmental Impact Statement (EIS) be prepared in accordance with the National Environmental Policy Act before the licensing hearing is completed (See ss 40.31(k), 51.97(c), and 70.21(h)); The requirement that prior to commencement of operation the Commission verify by inspe tion that the facility has been constructed in accordance with the license, and publish a notice of the inspection results in the Federal Register (proposed d@ 40.41(g) and 70.32(k)); and 4

( The requirement that the licensee carry public liability insurance against bodily injury, sickness, disease, death, loss of or damage to property, dnd loss of use of property arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of chemical compounds containing source material or special nuclear material. The insurance requirement specifically includes the chemical toxicity risks associated with uranium hexafluoride (proposed @5 40.32(g), 70.23(a)(12), and 140.13b). A number of minor conforming changes to the provisions of 10 CFR Chapter I are proposea to implement the amencments to the Act. Of specific note is the fee category change in 10 CFR Part 170. Categorty E has been deleted from 10 CFR Part 170.21 and a new category 1E has been added to 10 CFR Part 170.31. Environmental Impact: Categorical Exclusion The f1RC has determineo that this proposed regulation is the type of action described as a categorical exclusion in 10 CFR 51.22(c)(1) and (3). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed regulation. Paperwork Reduction Act Statement 1 This proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This rule has been submitted to the Office of Management and Budget for review and approval of the paperwork requirements. 5

1 Public reporting burden for this collection of information is estimated to average 60,000 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This estimate includes the entire licensing process, including preparation of the application and environmental report, and is not due to the minor conforming changes being proposed here. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Information anc Records Management Branch lMNBB-7714), U.S. Nuclear Regulatory Commission, Washington, DC 20555; and to the Desk Officer, Office of Information and Regulatory Affairs, NE0B-3019 (3150-0020,-0011,-0021,-0009,-0055,-0036,-0039,-0032), Office of Management and Budget, Washington, DC 20503. Draf t Regulatory Analysis The Commission has prepared a draft regulatory analysis on this proposed regulation. The analysis examines the costs and benefits of the alternatives considered by the Commission. The draft analysis is available for inspection at the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC. Single copies of the analysis may be obtained from Mr. C. W. Nilsen, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-3834 The Commission requests public comments on the draf t regulatory analysis. Comments on the draf t analysis may be submitted to the NRC as indicated under the ADDRESSES heading. 6

Regult. tory Flexibility Certification In accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), the Commission certifies that, if promulgated, this rulemaking will not have a significant economic impact on a substantial number of small entities. The proposed ruie, when promulgated, would affect only persons who build or operate enrichment f acilities for producing enriched uranium. The owners of enrichment facilities do not fall within the scope of the definition of "small entities" set forth in Section 601(3) of the Regulatory Flexibility Act,15 U.S.C. 632, or the Small Business Size Standards set out in regulations issued by the Small Business Administration at 13 CFR Part 121. Backfit Analysis The NRC has determined that the backfit rule,10 CFR 50.109, does not dpply to this proposed rule. Thus, a backfit analysis is not required for these amenoments because they do not involve any provisions that would impose bdCkfits as defined in 10 CFR 50.109(a)(1). l List of Subjects Part 2 - Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalty, Sex discrimination, Source material, Special nuclear material, Waste treatment and disposal. Part 40 - Criminal penalty, Government contracts, Hazardous materials - transportation, Nuclear materials, Reporting and recordkeeping requirements, Source material, Uranium. 7

Part 50 - Antitrust, Classification information, Criminal penalty, Fire protection, Incorporation by reference, Intergovernmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements. Part 51 - Administrative practice and procedure, Environmental impact statement, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements. Part 70 - Criminal penalty, Hazardous materials - transportation, Nuclear materials, Packaging and containers, Radiation protection, Reporting and recordkeeping recuirements, Scientific equipment, Security measures, Special nuclear material. Part 75 - Criminal penalty, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements. Security measures. Part 110 - Administrative practice and procedure, Classified information, Criminal penalty, Export, Import, Incorporation by reference, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Scientific equipment. Part 140 - Criminal penalty, Extraordinary nuclear occurrence, Insurance, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements. Part 150 - Criminal penalty, Hazardous materials - transportation, Intergovernmental relations, Nuclear materials, Reporting and recordkeeping requirements, Security measures, Source material, Special nuclear material. Part 170 - Byproduct material, Non-payment penalty, Nuclear materials, Nuclear power plants and reactors, Source material, Special nuclear material. I l 1 8 ) )

l 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. 553, the NRC is proposing to adopt the following conforming amendments to 10 CFR Parts 2, 40, 50, 51, 70, 75, 110, 140, 150, and l 170. l l PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEE0lNGS i 1. The authority citation for Part 2 is revised to read as follows: AUTHORITY: Secs. 161, 181, 68 Stat. 948, 953, as amended (42 U.S.C 2201, j 2231); sec. 191, as emended, 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. Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub. L. 97-425, 96, Stat. 2213, as amended (42 U.S.C.10134(f)); sec.102, Pub. L. 91-190, 83 Stat. 853, as dmended (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, 183, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239). Sec. 193 Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243). Section 2.105 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Section 2.200-2.206 also issued under secs. 186, 234, 68 Stat. 955, 83 Stat. 444, as amended (42 U.S.C. 2236, 2282); sec. 206, 88 Stat. 1246 (42 U.S.C. 5846). 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 9

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 and Table 1A of Appendix C 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, ds amended (42 U.S.C. 2039). Subpart K also issued unaer sec.189, 68 Stat. 955 (42 U.S.C. 2239); sec.134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C.10154). Subpart L olso issued under sec. 189, 68, Stat. 955 (42 U.S.C. 2239). Appendix A also issued under sec. 6, Pub. L. 91-560, 84 Stat. 1473 (42 U.S.C. 2135). Appendix B also issuea under sec.10, Pub. L. 99-240, 99 Stat. 1842 (42 U.S.C. 2021b et seq.). SOURCE: 27 FR 377, Jan. 13, 1962, unless otherwise noted. EDITORIAL NOTE: For nomenclature changes to this part, see 45 FR 14200, Mar. 5, 1980. 2. In 5 2.104, paragraph (b)(2) is revised to read as follows: 5 2.104 Notice of hearing. (b) * (2) That, if the proceeding is not a contested proceeding, the presiding officer will determine (i) without conoucting a de novo evaluation of the 10

i dpplication, Whether the application and the recora of the proceeding contain sufficient information, and the review of application by the Commission's staff has been adequate to support affirmative findings on (b)(1) (i) through liii) speci#ied in this sectiori and a negative finding on (b)(1)(iv) specified in this section proposed to be made and the issuance of the construction permit proposed by the Director of Nuclear Reactor Regulation or Director of Nuclear Material Safety and Safeguards, as appropriate, and (ii) if the application is for a construction permit for a nuclear power reactor, a testing facility, a fuel crocessing plant, a uranium enrichment facility, or other f acility whose construction or operation has been determined by the Commission to have a l significant impact on the environment, whether the review conducted by the Commission pursuant to the National Environmental Policy Act (NEPA) has been adeouate. PART 40--DOMESTIC LICENSING 0F SOURCE MATERI AL 3. The authority citation for Part 40 is revised to read as follows: AUTHORITY: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 Stat 932, 933, 935, 948, 953, 954, 955, as amended, secs. 11e(2), 83, 84, Pub. L. 15-604, 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 amenced, 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 (42 U.S.C. 2243). 11

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). For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); @s 40.3, 40.7(g), 40.25(d)(1)-(3), 40.35(a)-(d) and (f), 40.41(b) and (c), 40.46, 40.51(a) and (c), and 40.63 are issued under sec.161b,1611, and 1610, 68 Stat. 948, 949, and 950, as amended (42 U.S.C. 2201(b), 2201(i), and 2201(o)); and %5 40.5, 40.9, 40.25(c), (d)(3), and (4), 40.26(c)(2), 40.35(e), 40.42, 40.61, 40.62, 40.64, and 40.65 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)). 4 In 5 40.4, the term " Uranium Enrichaent Facility" is added to read as follows: 5 40.4 Definitions. Uranium enrichment f acility means: (1) Any facility used for separating the isotopes of uranium ur enriching l uranium in the isotope 235, except laboratory scale facilities designed or used for experimental or analytical purposes only; or i 12

(2) Any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235. 5. Section 40.5 is amended by adding paragraph (b)(1)(vi) to read as follows: 5 40.5 Communications. (b) (1) (vi) Uranium enrichment facilities. 6. Section 40.31 is amended by adding paragraphs (k) and (1) to read as follows: 5 40.31 Applications for specific licenses. 13

( k) A license application for a uranium enrichment facility must be accompanied by an Environmental Report required unoer Subpart A of Part 51 of this chapter. (1) A license application that involves the use of source material in a uranium enrichment facility must include the applicant's provisions for public liability insurance. 7. Section 40.32 is amended by revising paragraph (e) and adding paragraph (g) to read as follows: s 40.32 General requirements for issuance of specific licenses. l (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 l 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 of Nuclear Material Safety and Safeguards 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, af ter 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 i 14

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 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, j roads necessary for site exploration, borings to determine foundation conditions, or other F.cconstruction monitoring or testing to establish background information related to the suitability of the site or the= protection of environmental values. Ig) Where the proposed activity involves use of source material in a uranium enrichment facility, the applicable provisions of Part 140 of this ~ chapter have been satisfied. 8. A new @ 40.33 is added to read as follows: 9 40.33 Issuance of a license for a uranium enrichment f acility. (a) The Commission will hold a hearing pursuant to 10 CFR Part 2, Subparts A, G and I, on each application with regard to the licensing of the construction and operation of a uranium enrichment facility. The Commission will publish public notice of the hearing in the Federal Register at least 30 days before the hearing. 15

(b) A license for a uranium enrichment facility may not be issued before the hearing is completed and a decision issued on the application. 9. Section 40.41 is amended by adding paragraph (g) to read as follows: 5 40.41 Terms and conditions of licenses. (g) No person shall commence operation of a uranium enrichment facility until the Commission verifies through inspection that the facility has been constructed in accordance with the requirements of the license. The Commission shall publish notice of the inspection results in the Federal Register. 10. In 5 40.65, the introductory text of paragraph (a) is revised to read as follows 5 40.65 Effluent monitoring reporting requirements. (a) Each licensee authorized to possess and use source material in uranium milling, in production of uranium hexafluoride, or in a uranium enrichment f acility shall: 16

PART 50--00MESTIC LICENSING 0F PRODUCTION AND UTILIZATION FACILITIES 11. The authority citation for Part 50 continues to read as follows: AUTHORITY: S ec s. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 S ta t. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat.1244, 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). Section 50.7 also issued under Pub. L. 95-601, sec.10, 92 Stat. 2951 (42 U.S.C. 5851). Section 50.10 also issued under secs. 101, 185, 68 Stat. 936, 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). For the purposes of sec. 223,~68 Stat. 958, as amended (42 U.S.C. 2273); 5s 50.46(a) and (b), and 50.54(c) are issued under sec.161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); @@ 50.7(a), 50.10(a)-(c), 50.34(a) and (e), 50.44(a)-(c), 50.46(a) and (b), 50.47(b), 50.48(a), (c), (d), and (e), 50.49(a), 50.54(a), (i), (i)(1), (1)-(n), (p), (q), (t), (v), and (y), 17

50.55(f), 50.55a(a), (c)-(e), (g), and (h), 50.59(c), 50.60(a), 50.62(c), 50.64(b), and 50.80(a) and (b) are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and %% 50.49(d), (h), and (j), 50.54(w), (z), (bb), (cc), and (dd), 50.55(e), 50.59(b), 50.61(b), 50.62(b), 50.70(a), 50.71(a)-(c) and (e), 50.72(a), 50.73(a) and (b), 50.74, 50.78, and 50.90 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)). 12. In s 50.2, paragraph (2) of the term " Production Facility" is revised to read as follows: 9 50.2 Definitions. j As used in this part, l Production facility means: (2) Any facility designed or used for the separation of the isotopes of plutonium, except laboratory scale facilities designed or used for experimental or analytical purposes only; or 18

13. In s.50.33a, paragraph (e) is revised to read as follows: s 50.33a Information requested by the Attorney General for antitrust review. (e) Any person who applies for a class 103 construction permit for a fuel reprocessing plant shall submit such information as may be requested by the Attorney General for antitrust review, as a separate document, as soon as possible and in accordance with ! 2.101 of this chapter. PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS

14. The authority citation for Part 51 is revised to read as follows:

AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S C. 2201); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842). 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, 51.61, 51.80, and 51.97, also issued under secs. 135,141 Pub. L. 97-425, 96 Stat. 19

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 amenaed by 92 Stat. 3036-3038 (42 U.S.C. 2021) and under fluclear Waste Policy Act of 1982, sec.121, 96 Stat. 2228 (42 U.S.C.10141). Secs. 51.43, 51.67, and 51.109 also issued under fluclear Waste Policy Act of 1982, sec.114(f), 96 Stat. 2216, as amended (42 U.S.C.10134(f)). 15. In % 51.14, the term " Uranium enrichment f acility" is added to read as follows: l 9 51.14 Definitions. (a) As used in this subpart, Uranium enrichment facility means: (1) Any facility used for separating the isotopes of uranium or enriching L uranium in the isotope 235, except laboratory scale facilities designed or used for experimental or analytical purposes only; or (2) Any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235. 20

l i l 16. Section 51.20 is amended by adding paragraph (b)(10) to read as follows: 5 51.20 Criteria for and identification of licensing and regulatory actions requiring environmental impact statements. (b) (10) issuance of a license for a uranium enrichment facility. 1

17. Section 51.60 is amended by adding paragraph (b)(1)(vii) to read as follows:

5 51.60 Environmental report - materials licenses. (b) (1) l (vii) Construction and operation of a uranium enrichment facility. 1 l

18. Section 51.97 is amended by adding paragraph (c) to read as follows:

21

5 51.97 Final environmental impact statement - materials license. (c) Uranium enrichment f acility. As provided in Section 5(e) of the Solar, Wind, Waste, and Geothermal Power Product.. antives Act of 1990 (104 Stat. 2834 at 2835, 42 U.S.C. 2243), a final environmental impact statement must be prepared before the hearing on the issuance of a license for a uranium enrichment facility is completed. PART 70--00MESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

19. The authority citation for Part 70 is revised to r as follows:

AUTHORITY: Secs. 51, 53,161,182,183, 68 Stat. 929, 930, 948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 2282); secs. 201, as amendeu, 202, 204, 206, 88 S tat.1242, as amended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846); sec. 193, 104 Stat. 2835 (42 U.S.C. 2243). Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141, Pub. L. 97 425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 70.7 also issued under Pub. L. 95-601, sec.10, 92 Stat. 2951 (42 U.S.C. 5851). Section 70.21(g) also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section 70.31 al'- i sued under sec. 57d, Pub. L. 93-377, 88 Stat. 475 (42 U.S.C. 2077). St.. ions 70.36 ano 70.44 also issued under sec. 184, 68 Stat. 954, as 22

dmenced (42 U.S.C. 2234). Section 70.61 also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 2237). Section 70.62 also issued unaer sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138). For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); sl 70.3, 70.7(g), 70.19(c), 70.21(c), 70.22(a), (b), (d)-( k), 70.24(a) and (b), 70.32(a)(3), (5), (6), (d), and (i), 70.36, 70.39(b) and (c), 70.41(a), 70.42(a) and (c), 70.56, 70.57(b), (c), and (d), 70.58(a)-(g)(3), and (h)-(j) l are issued under sec. 161b, 1611, and 1610, 68 Stat. 948, 949, and 950, as 1 amended (42 U.S.C. 2201(b), 2201(i), and 2201(o)); %s 70.7, 70.20a(a) ano (d), 70.20b(c) and (e), 70.21(c), 70.24(b), 70.32(a)(6), (c), (d), (e), and (g), 70.36, 70.51(c)-(g), 70.56, 70.57(b) and (d), and 70.58 (a)-(g)(3) and (h)-(j) are issued undar sec.161i, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and 65 70.5, 70.9, 70.20b(d) and (e), 70.38, 70.51(b) and (i), 70.52, 70.53, 70.54, 70.55, 70.58(g)(4 ), ( k), and (1), 70.59, and 70.60(b) and (c) are issued under sec.1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)). 20. In s 70.4, the term " Uranium enrichment facility" is added to read as follows: % 70.4 Definitions. Uranium enrichment facility means: (1) Any f acility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale facilities designed or used for experimental or analytical purposes only; or 23

(2) Any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235.

21. Section 70.5 is amended by adding paragraph (b)(1)(vii) to read as follows:

% 70.5 Communications. (b) (1) (vii) Uranium Enrichment Facility. 22. In s 70.8, paragraph (b) is revised to read as follows: 5 70.8 Information collection requirements: OMB approval. (b) The approved information collection requ4 ements contained in this part appear in $5 70.19, 70.20a, 70.20b, 70.21, 70.22, 70.24, 70.25, 70.32, 70.33, 70.34, 70.38, 70.39, 70.51, 70.52, 70.53, 70.57, 70.58, 70.59, and 70.60. 24

23. Section 70.21 is amended by revising paragraph (a)(1) and adding paragraph (h) to read as follows:

$ 70.21 Filing. i (a)(1) A person may apply for a license to possess and use special nuclear material in a plutonium processing or fuel fabrication plant, or for a uranium enrichment facility license by filing 25 copies of the application with j the Directc,*, Gifice of 'iuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555. (h) A license application for a uranium enrichment facility must be accompanied by an Environmental Report required under Subpart A of Part 51 of this chapter. i 24 Sec. ion 70.22 is amended by adding paragraph (m) to read as follows: 9 70.22 Contents of applications. (m) A license application that involves the use of special nuclear material in a uranium enrichment f acility must include the applicant's provisions for public liability insurance. 25

8 4

25. Section 70.23 is amended by revising paragraphs (a)(7) and (a)(11) and by adding paragraph (a)(12) to read as follows:

l 5 70.23 Requirements for the approval of applications. I (a) (7) Where the proposed activity is processing and fuel fabrication, scrap recovery, conversion of uranium hexafluoride, uranium enrichment facility I construction and operation, or any other activity which the Commission j 1 determines will significantly affect the quality of the environment, the i Director of fluclear Material Safety and Safeguards or his designee, before j commencement of construction of the plant or f acility in which the activity i will be conducted, on the basis of information filed and evaluations made l l pursuant to Subpart A of Part 51 of this chapter, has concluded, after weighing i the environmental, econo'aic, technical, and other benefits against environmental costs anc 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 to possess and use special nuclear 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, 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 i the site or the protection of environmental values. 26

4 (11) Where the proposed activity is processing and fuel fabrication, scrap recovery, conversion of uranium hexafluoride, or involves the use of special nuclear material in a uranium enrichment f acility, the applicant's proposed emergency plan is adequate. (12) Where the proposed activity is use of special nuclear material in a uranium enrichment facility, the applicable provisions of Part 140 of this chapter have been satisfied.

26. A new % 70.23a is added to read as follows:

s 70.23a Hearing requireo for uranium enrichment facility. The Commission will hold a hearing under 10 CFR Part 2, Subparts A, G, and I, on each application for issuance of a license for construction and operation of a uranium enrichment facility. The Commission will publish public notice of the hearing in the Federal Register at least 30 days before the hearing.

27. Section 70.25 is amended by revising paragraph (a) to read as follows:

5 70.25 Financial assurance and recordkeeping for decommissioning. (a) Each applicant for a specific license of the types enumerated in paragraphs (a)(1) and (2) of this section shall submit a decommissioning funoing plan as described in paragraph (e) of this section. 27

l (1) A specific license for a uranium enrichment facility; (2) A specific license authorizing the possession and use.of unsealed 5 special nuclear material in quantities exceeding 10 times the applicable quantities set forth in Appendix C to il 20.1 - 20.601 of 10 CFR Part 20. A decommissioning funding plan must also be submitted when a combination of 5 isotopes is involved if R divided by 10 is greater than 1 (unity rule), where i R is the sum of the ratios of the quantity of each isotope to the applicable value in Appendix C to 95 20.1 - 20.601 of 10 CFR Part 20.

28. Section 70.31 is amended by adding paragraph (e) to read as follows:

9 70.31 Issuance of licenses. (e) f;o license to construct and operate a uranium enrichment f acility shall be issued until a hearing pursuant to 10 CFR Part 2, Subparts G and I, is completed and a decision issued on the application. 29. Section 70.32 is amended by adding paragraph (k) to read as follows: @ 70.32 Conditions of licenses. l 28

( k) No person shall commence operation of a uranium enrichment facility until the Commission verifies through inspection that the facility has been constructed in accordance with the requirements of the license. The Commission shall publish notice of the inspection results in the Federal Register. 30. Section 70.59 is amended by revising the introductory text of paragraph (a) to read as follows: 5 70.59 Effluent monitoring reporting requirements. (a) Each licensee authorized to possess and use special nuclear material for processing and fuel f abrication, scrap recovery, conversion of uranium hexafluoride, or in a uranium enrichment facility shall: PART 75--SAFECUARDS ON NUCLEAR MATERIAL--IMPLEMENTATION OF US/IAEA AGREEMENT 31. The authority citation for Part 75 is revised to read as follows: AUTHORITY: Secs. 53, 63,103,104,122,161, 68 Stat. 930, 932, 936, 937, 939, 948, as amended (42 U.S.C. 2073, 2093, 2133, 2134, 2152, 2201); sec. 201, 88 Stat.1242, as amended (42 U.S.C. 5841); sec. 5, Pub. L.101-575,104 Stat. 2835 (42 U.S.C. 2243). 29

Section 75.4 also issued under secs. 135,141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); the provisions of this part are issued under sec.1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)). 32. In s 75.4, paragraph (k)(6) is added to read as follows: 5 75.4 Definitions. (k) (6) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale f acilities designed or used for experimental or analytical purposes only; or any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235. + PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL

33. The authority citation for Part 110 is revised to read as follows:

30

AUTHORITY: Secs. 51, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104, 109, 111, 126, 127, 128, 129, 161, 181, 182, 183, 187, 189, 68 Stat. 929, 930, 931, 932, 933, 936, 937, 948, 953, 954, 955, 956, as amended (42 U.S.C. 2071, 2073, 2074, i 2077, 2092-2095, 2111, 2112, 2133, 2134, 2139, 2139a, 2141, 2154-2158, 2201, 2231-2233, 2237, 2239); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); sec. 5, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C 2243). Section 110.1(b)(2) also issued under Pub. L. 96-92, 93 Stat. 710 (22 U.S.C. 2403). Section 110.11 also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152) and secs. 54c and 57d., 88 Stat. 473, 475 (42 U.S.C. 2074). Section 110.27 also issued under sec. 309(a), Pub. L. 99-440. Section 110.50(b)(3) also issued under sec.123, 92 Stat.142 (42 U.S.C. 2153). l Section 110.51 also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 110.52 also issued under sec. 186, 68 Stat. 955 (42 U.S.C. 2236). Sections 110.80-110.113 also issued under 5 U.S.C. 552, 554 Sections 110.30-110.35 also issued under 5 U.S.C. 553. For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); 5s 110.20-110.29, 110.50, and 110.120-110.129 also issued under secs. 161b and i, 68 Stat. 948, 949, as amended (42 U.S.C. 2201(b) and (i)); and 55 110.7a dnd 110.53 also issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)). 34 In % 110.2, the term " Uranium enrichment facility" is added to read as follows: 5 110.2 Definitions. 31 i

l Uranium enrichment facility means: i (1) Any f acility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale f acilities designed or used } for experimental or analytical purposes only; or (2) Any equipment or device, or important component part especially i designed for such equipment or device, capable of separating the isotopes of uranium or eniiching uranium in the isotope 235. i 2 35. Section 110.9 is amended by aoding paragraph (e) to read as follows: s 110.9 List of nuclear equipment and material under NRC import licensing i authority. + + (e) Uranium enrichment facilities. 4 PART 140--FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS

36. The authority citation for Part 140 is revised to read as follows:

32

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). Section 140.13b is issued under Section 193(d) 104 Stat. 2835 (42 U.S.C. 2243). For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); 99140.11(a),140.12(a),140.13, and 140.13a are issued under sec.161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); and % 140.6 is issued under sec. 1610, 68 Stat. 950, as amendeo (42 U.S.C. 2201(o)).

37. Section 140.1 is amended to read as follow:

6 140.1 Purpose. The regulations in this part are issued to provide appropriate procedures and reauirements for determining: (a) The financial protection required of licensees and for the indemnification and limitation of liability of certain licensees and other persons pursuant to section 170 of the Atomic Energy Act of 1954 (68 Stat. 919), as amended; and (b) The financial protection required of uranium enrichment facility licensees pursuant to section 193 of the Atomic Energy Act of 1954 (88 Stat. 919), as amenced. 33

38. Section 140.2 is amended by adding paragraph (a)(4) to read as follows: 5 140.2 Scope. (a) The regulations in this part apply (4) To each person licensed pursuant to Parts 40 and 70 of this chapter to construct and operate a uranium enrichment facility. 39. Section 140.3 is amended by adding a new paragraph (m) to read as follows: 5 140.3 Definitions. As used in this part: (m) Uranium enrichment facility means: (1) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale facilities designed or usea for experimental or analytical purposes only; or (2) Any equipment or cevice, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235. 34

s I 40. In 5.140.9a, paragraph (b) is revised to read as follows: s 140.9a Information collection requirements: 0MB approval. (b) The approved information collection requirements contained in this part appear in 55 140.6, 140.7, 140.13b, 140.15, 140.17, 140.20, 140.21 and l 140.22. [49FR19629,May9,1984] 41. A new @ 140.13b is added to read as follows: i 140.13b Amount of financial protection required for uranium enrichment facilities. Each holder of a license issued under Parts 40 or 70 of this chapter for a j uranium enrichment facility that involves the use of source material or special nuclear material is required to have and maintain financial protection in the form of liability insurance. Such liability insurance must be the type and in the amounts the Commission considers appropriate to cover liability claims drising out of any occurrence within the United States that causes, within or outside the United States, bodily injury, sickness, disease, death, loss of or damage to property, or loss of use of property arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of chemical compounds containing source material or special nuclear material. Proof of financial protection must be filed with the Commission as requireo by 5 140.15 before issuance uf a license for a uranium enrichment facility under Parts 40 and 70 of this chapter. 35

PART 150--EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 42. The authority citation for Part 150 is revised to read as follows: AUTHORITY: Sec. 161, 68 Stat. 948, as amended, sec. 274, 73 Stat. 688 (42 U.S.C. 2201, 2021); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); sec. 5, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243). 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). For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); ss 150.20(b)(2)-(4) and 150.21 are issued under sec. 161b, 68 Stat. 948, as amendea (42 U.S.C. 2201(b)); 5 150.14 is issued under sec.161i, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and 65150.16-150.19 and 150.20(b)(1) are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)). 43. In 6150.3, paragraph (h) is revised and paragraph (m) is addea to read as follows: 9 150.3 Definitions. 36

5 l (h) " Production facility" means: (1) Any equipment or device determined by rule of the Commission to be capable of the production of special nuclear material in such quantity as to be 1 of significance to the common defense and security, or in such manner as to affect the health and safety of the public, including a uranium enrichment facility; or (2) Any important component part especially designed for such equipment or device as determinea by the Commission. ) i (m) " Uranium enrichment f acility" means: (1) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale f acilities designed or used for experimental or analytical purposes only; or (2) Any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes or uranium or enriching uranium in the isotope 235. PART 170--FEES FOR FACILITIES AND MATERIALS LICENSES AliD OTHER REGULATORY SERVICES UNDER THE ATOMIC EtlERGY ACT OF 1954, AS AMEftDED 44 The authority citation for Part 170 continues to read as follows: 37

l AUTHORITY : 31 U.S.C. 9701, 96 Stat.1051; sec. 301, pub. L. 92-314, 86 i Stat. 222 (42 U.S.C. 2201w); sec. 201, 88 Stat.1242, as amendad (42 U.S.C. 5841). 1 l 1 l 45. In i 170.3, paragraph (2) of the term production facility is revised and a new term " Uranium enrichment f acility" is added to read as follows: l l i 170.3 Definitions. 1 Production facility means: (2) Any facility designeo or used for the separation of the isotopes of plutonium, except laboratory scale facilities designed or used for experimental or analytical purposes only; or Uranium enrichment f acility means: (1) Any f acility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale facilities designed or used for experimental or analytical purposes only; or 38

n (2) Any e.quipment or device, or important component part especially designed for such oquipment or device, capable of separating the isotopes of j uranium or enriching uranium in the isotope 235. l 4 5 170.21 [Amendeo] 46. In s 170.21, the table " Schedule of Facility Fees" is amended by removing and reserving Category E, Uranium Enrichment Plant. i 47. In 5 170.31, the table " Schedule of Materials Fees" is revised by adding 1E to read as follows: 1 1 1 % 170.31 Schedule of fees for materials licenses and other regulatory i services, including inspections and import and export licenses. 3

j 1

4 l 4 4 39

o o SCHEDULE OF MATERIALS FEES (See footnotes at the end of table) Cateoory of materials licenses and type of fees 1/ Fees /'1/ 1. Special nuclear material: E. Licenses for construction and operation of a uranium enrichment facility. Application................ $125,000 License, Renewal, Amendment. Full Cost Inspection: Routine.................. Full Cost Nonroutine... Full Cost 1 1/ - Types of fees - Separate charges as shown in the schedule will be assessed for preapplication consultations and reviews, applications for new licenses and approvals, issuance of new licenses and approvals, amendments and renewals to existing licenses and approvals, safety evaluations of sealed sources and devices, and inspections. The following guidelines apply to these charges: (a) Application fees - Applications for new materials licenses and approvals; applications to reinstate expired licenses and approvals except those subject to fees assessed at full cost; and applications filed by Agreement State licensees to register under the general license provisions of 40

10 CFR 150.20, must be accompanied by the prescribed application fee :ar each Cdtegory, eXCept that:

1) applications for licenses Covering more than one fee category of special nuclear material or source material must be accompanied by the prescribed application fee for the highest fee category; and 2) applications for licenses under fee Category 1E must be accompaniea by an application fee of

$125,000. (b) License / approval / review fees - Fees for applications for new licenses and approvals and for preapplication consultations and reviews subject to full cost fees (fee Categories 1A,18, IE, 2A, 4A, 5B,10A,11,12,13A, and 14) are due upon notification by the Commission in accordance with 9 170.12(b), (e), and (f). (c) Renewal /reapproval fees - Applications for renewal of licenses and approvals must be accompanied by the prescribed renewal fee for each category, except that fees for applications for renewal of licenses and approvals subject to full cost fees (fee Categories 1A,1B, 2A, 4A, 5B,10A,11,12,13A, and

14) are due upon notification by the Commission in accordance with 5170.12(d).

(d) Amendment fees - (1) Applications for amendments to licenses and dpprovals, except those subject to fees assessed at full cost, must be accompanied by the prescribed amendment fee for each license affected. An application for an amendment to a license or approval classified in more ' one fee category must be accompanied by the prescribed amendment fee for the category affected by the amendment unless the amendment is applicable to two or more fee categories, in which case the amendment fee for the highest fee category applies. For those licenses and approvals subject to full costs (fee Categories 1A,1B,1E, 2A, 4A, 5B,10A,11,12,13A, and 14), amendment f ees are cue upon notification by the Commission in accordance with 5 170.12(c). (2) An application for amendment to a materials license or approval that would 41

o

u place the license or approval in a higher fee category or add a new fee category must be accompanied by the prescribed application fee for the new category.

(3) An application for amenament to a license or approval that would reduce the scope of a licensee's program to a lower fee category must be accompanied by the prescribed amendment fee for the lower fee category. (4) Applications to terminate licenses authorizing small materials programs, when no dismantling or decontamination procedures are required, are not subject to fees. (e) Inspection fees - Separate charges will be assessed for each routine and nonroutine inspection performed, including inspections conducted by the NRC of Agreement State licensees who conauct activities in non-Agreement States under the reciprocity provisions of 10 CFR 150.20. Inspections resulting f rom investigations conducted by the Office of Investigations and nonroutine inspections that result from third-party allegations are not subject to fees. If a licensee holds more than one materials license at a single location, a fee equal to the highest fee category covered by the licenses will be assessed if the inspections are conducted at the same time, unless the inspection fees are based on the full cost to conduct the inspection. The fees assessed at full cost will be determined based on the professional staff time required to conduct the inspection multiplied by the rate established under 5 170.20 to which any applicable contractual support services costs incurred will be added. Licenses covering more than one category will be charged a fee equal to the i highest fee category covered by the license. Inspection fees are due upon notification by the Commission in accordance with 6 170.12(g). See Footnote 5 for other inspection notes. UFees will not be charged for orders issued by the Commission pursuant to 10 CFR 2.204 nor for amenaments resulting specifically from such Commission 42 .=

e + orders. However, fees will be charged for approvals issued pursuant to a specific exemption provision of the Commission's regulations under Title 10 of the Code of Federal Regulations (e.g., il 30.11, 40.14, 70.14, 73.5, and any other sections now or hereafter in effect) regardless of whether the approval is in the form of a license amendment, letter of approval, safety evaluation report, or other form. In addition to the fee shown, an applicant may be assessed an additional fee for sealed source and device evaluations as shown in Category 9A through 90. '/ Full cost fees will be determined based on the professional staff time 1 and appropriate contractual support services expended. For those applications currently on file and for which fees are determined based on the full cost expended for the review, the professional staff hours expended for the review of the application up to the effective date of this rule will be determined at the professional rates established for the June 20, 1984, January 30, 1989, and July 2,1990, rules, as appropriate. For those applications currently on file for which review costs have reached an applicable fee ceiling established by the June 20, 1984, and July 2, 1990 rules, but are still pending completion of the review, the cost incurred after any applicable ceiling was reached through January 29, 1989, will not be billed to the applicant. Any professional staff-hours expended above those ceilings on or af ter January 30, 1989, will be assessed at the applicable rates established by 6 170.20, as appropriate, except l for topical reports whose costs exceed $50,000. Costs which exceec $50,000 for each topical report, amendment, revision or supplement to a topical report completed or under review from January 30, 1989, to the effective cate of this rule will not be billed to the opplicant. Any professional hours expended on 43

s 4a4 or after the effective aate of this rule will be assessed at the rate establishea in s 170.20. In no event will the total review costs be less than twice the hourly rate shown in 6 170.20. Dated at Rockville, Maryland, this ' day of D , 1991. F r the fluclear Regulatory Commission. O NH _s [ Eamuel J. Chilkk Secretary of I l Commission. \\ l l 44 -}}

ML20029D300

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