ML20127M608
| ML20127M608 | |
| Person / Time | |
|---|---|
| Issue date: | 04/02/1985 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| Shared Package | |
| ML20127M518 | List: |
| References | |
| RULE-PR-30-50FR72, RULE-PR-40-50FR72, RULE-PR-70-50FR72 AB81-2, NUDOCS 8505230315 | |
| Download: ML20127M608 (9) | |
Text
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(7590-01)
N CLEAR REGULATORY
- COMMIS$10N 10 CFR Parts 30, 40 and 70 Regional Nuclear Materials Licensing for Certain Federal Facilities AGENCY: Nuclear Regulatory Commission. .
ACTION: Final' rule. ,
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SUMMARY
- The NRC is amenditq its regulations concerning the domestic licensing of source, byproduct, and specis1. ouclear material (collectively referred to as nuclear materialt) to provice for further decentralization of the NRC licel.gNg process'. This ameWment :dends to the five Regional Offices the same licensing authority for certainYederai' activities' as they now p%sess for non-Federal activities.
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. a EFFECTIVE DATE: Api- 1, 1985. ,
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FOR FURTMER INFORMATION C0t( ACT: Donald R. f,hapell, Deputy Director.
Division of fuel Cycle and Material Safety, Office of Nuclear Material Safety and $ fe;uurd. U.S. Nuclear Regulatory Commission, Washington, DC 20555. Telephone: (301)4274152.* ~ , ,. , ,,
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. SUPPLD8ENTARY INFORMATION: On May 27,1982 (47 FR 23138), April 14,1983 (48 FR 16030) (effective April 1,1983), and May 9, 1984 (4g FR 19630) the Nuclear Regulatory Commission (NRC) published rules decentralizing most domestic licensi-ng of nuclear materials. The NRC is amending its regulations l l
to include certain Federal licensees in its decentralization program. Revisions to 10 CFR 30.6, 40.5, and 70.5 require certain Federal facilities with licenses issued
- pursuant to 10 CFR Parts 30 through 35, 40, and 70 to contact the appropriate Regional office,'rather than NRC Headquarters offices, for license ,
applications, renewals, and revisions. This action now incorporates into the Regional materials licensing programs these Federal facility licensees.
The 'on1,y Federal licensees not affected by this action are the United States Air Force an'd United States Navy. Their submittals under Parts 30 through 35, 40, and 70 will be sent to the Office of Nuclear Material Safety and Safeguards (NMSS). These licensees have not been included because they are currently in the process of submitting proposals for " broad" materials licenses with the NRC, which would, if approved, consolidate over one hundred individual licenses into one license each. Following these consolidations, it is intended that the licensing authority for the Air Force and the Navy also will be extended l
to the appropriate Regions.
This action also adds another item to the list of exceptions to the authority delegated to the Regions under the decentralization program. This exception, included as paragraph (b)(1)(v) in 30.6, 40.5, a nd 70.5, codifies current practice requiring NMS$ to review new uses or techniques for use of nuclear ma terial .'
These amendments apply to NRC licensees and applicants in non-Agreement States Guam, Puerto Rico, the Virgin Islands, and the District of Columbia, and to NRC Federal licensees and applicants wherever they are located within
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the NRC's jurisdiction except for the United States Air Force and bvy.
Delegations of authority to the Regional Administrators are contained in NRC Manual Chapter 0128. The changes to $530.6, 40.5, and 70.5 are nonsubstantive .
amendments. T'he revised sections indicate the type of licensing authority delegated to Regional Administrators.
I 4 q Since these are minor, procedural amendments relating to agency organization and management,' notice, opportunity for comment and a delay of effective ,
date are not required by the Administrative Procedure Act under 5 U.S.C. 553.
ENVIRONMENTAL IMPACT - CATEGORICAL EXCLUSION The NRC has detemined that this final rule is the type of, action described b 'i 5
in categorical exclusion 10 CFR 51.22(c)(3)(1). Accordingly, pursuant to 10 CFR 51.22(b), neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.
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'd PAPERWORK REDUCTION ACT STATEMENT
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This final rule does not contain a new or amended 1nfomation collection requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 s
l et s.eq.). Existing requirements were approve 6by the Office of Management' and Budget approval numbers 3150-0017 for Pa rt 30, 3150-0016 for Part 31, 3150-0001 foF Pa rt 32,~3150-0015 for Pa rt 33, 3150-0007 for Pa rt 34, 3150-0010 for Pa rt 35, 3150-0020 for Part 40, and 3150-0009 for Part 70.
LIST OF SU3JECTS IN 10 CFR PARTS 30, 40,'AND 70 Part 30 - Byproduct material, Government contracts, Intergovernmental relations, Isotopes, Nuclear materials, Penalty, Radiation protection, Reporting and recordkeeping requirements.
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- 4 Part 40 - Gove'rnment contracts, Hazardous materials-transportation, Nuclear
' materials, Penalty, Reporting and recordkeeping requirements, Source material, a nd Ura nium. -
Pa rt 70 - Hazardous materials-transportation, Nuclear materials, Packaging and containers, Penalty, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures, Special nuclear material.
Under the Atanic Energy Act of 1954, as amended, the Energy Reorganization 4
Act of 1974, as amended, and 5 U.S.C. 552, the following amendments to 10 CFR Parts 30, 40, and 70 are published as a document subject to codification.
Ths authority citation for this document is:
I Authority: Sec.161b. , i . , o. , a nd p. , Pub. L.83-703, 68 Stat. 948, 949, 950, as amended (42 U.S.C. 2201(b), (1), (o), and (p)); Sec. 201, Pub. 'L.93-438,
- 88 Stat.1242, as amended (42 U.S.C. 5841).
4 PART 30 - RULES OF' GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL
- 1. In 530.6, paragraphs. (b)(2)(1), (ii), (iii), (iv), and (v) are-amended by changing the phrase, "With the exception of Federal facilities, the regional licensing program involves" to read "With the exception of the United States Air Force and Navy, the regional licensing program involves all Federal facili-ties in the region and non-Federal licensees in...." Also, the introductory text of paragraph (b) and paragraph (b)(1) are revised to read as follows:
530.6 Communications.
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(b) The Commission has delegated to the five Regional Administrators licensing authority for selected parts of its decentralized licensing program for nuclear materials as described in .
paragraph (b)(1) of this section. Any communication, report, or appli. cation covered under this licensing program must be submitted as specified in paragraph (b)(2) of this section.
(1) The delegated licensing program includes authority to issue, renew, amend, cancel, modify, suspend, or revoke licenses for nuclear materials issued pursuant to 10 CFR parts 30 through 35, 40, and 70 to all persons except the United States Air Force and Navy for academic, medical, and industrial uses, with the following exceptions:
(i) Activities in the fuel cycle and special nuclear material in quantities sufficient to constitute a critical mass in any room or area. This exception does not apply to license modifications relating to termination of special nuclear material licenses that authorize possession of larger quantities when the case is referred for action from NRC's Headquarters to the Regional Administrators.
(ii) Health and safety design review of sealed sources and devices, a'nd approval, for licensing purposes, of sealed sources and devices.
(iii) processing of source material for extraction of metallic compounds (includirs Zirconium, Hafnium, Tantalum, Titanium, Niobium, etc.).
5 (iv) Distribution of products containing radioactive material to persons exempt pursuant to 10 CFR 32.11 through 32.26.
(v) New uses or techniques for use of byproduct, source, or special nuclear material.
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PART 40 - DOMESTIC LICENSING OF SOURCE MATERIAL
- 2. In 540.5, paragraphs (b)(2)(1), (ii), (iii), (iv), and (v) are amended by changing the phrase, "With the exception of Federal facilities, the regional licensing. program involves" to read "With the exception of the United States Air Force and Navy, the regional licensing program involves all Federal ~ facili-ties in the region and non-Federal licensees in...." Also, the introductory text of paragraph (b) and paragraph (b)(1) are revised to read as follows:
540.5 Communications.
(b) The Commission has delegated to the five Regional Administrators
. licensing authority for selected parts of its decentralized licensing program for nuclear materials as described in paragraph (b)(1) of this section. Any communication, report, or application covered under this licensing program must be submitted as specified in paragraph (b)(2) of this section.
.(1) The delegated licensing program includes authority to issue, renew, amend, cancel, modify, suspend, or revoke licenses for nuclear materials issued pursuant to 10 CFR .
Parts 30 through 35, 40, and 70 to all persons except the United States Air Force and Navy for academic, medical, and industrial uses, with the following exceptions:
(i) Activities in the fuel cycle and special nuclear material in quantities sufficient to constitute a critical mass in any room or area. This exception does not apply to license modifications relating to termination of special nuclear material licenses that authorize possession of larger quantities when the case is referred for action from NRC's Headquarters to the Regional Administrators.
(ii) Health and safety design review of sealed sources
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and devices, and approval, for licensing purposes, of sealed sources and devices.
(iii) Processing of source material for extraction of metallic compounds (includi ng Zirconium, Hafnium, Tantalum, Titanium, Niobium, etc.) .
(iv) Distribution of products containing radioactive material to persons exempt pursuant to 10 CFR 32.11 through 32.26.
(v) New uses or techniques for use of byproduct, source, or special nuclear material .
t PART 70 - DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
-3. In.570.5, paragraphs (b)(2)(1), (11), (iii), (iv), and (v) are amended
. by changing the phrase, "With the exception of Federal facilities, the regional licensing program involves" to read "With the exception of the United Sta+es Air Force and Navy, the regional licensing program involves all Federal facil'i-ties in the region and non-Federal licensees in...." Also, the introductory text of paragraph (b) and paragraph (b)(1) are revised to read as follows:
5 70.5 Communications.
(b) The Commission has delegated to the five Regional Administrators licensing authority for selected parts of its regional licensing program for nuclear materials as described in paragraph (b)(1) of this section. Any communication, report, or application covered under this licensing program must be submitted as specified in paragraph (b)(2) of this section.
(1) The delegated licensing program includes authority to issue,
' renew, amend, cancel, modify, suspend, or revoke licenses for nu clet a materials issued pursuant to 10 CFR Parts 30 through 35, 40 and 70 to all persons except the United States Air Force and Navy for academic, medical, and industrial uses, with the following exceptions:
- (1) Activities in the fuel cycle and special nuclear material in quantities sufficient to constitute a critical mass in any room or area. This exception -,
does not apply to license modifications relating to termination of special nuclear material licenses that authorize possession of larger quantities when the case is referred for action from NRC's Headquarters to the Regional Administrators.
(ii) Health and safety design review of sealed sources and devices, and approval, for licensing purposes, of
. sealed sources and devices.
(iii) Processing of source material for extraction of metallic compounds (including Zirconium, Hafnium, Tantalum, Titanium, Niobium, etc.).
(iv) Distribution of products containing radioactive material to persons exempt pursuant to 10 CFR 32.11 through 32.26.
(v) New uses or techniques for use of byproduct, source
. or special nuclear material.
Dated at Bethesda, MD, this } day of , 1985.
FOR THE NUCLEAR REGULATORY COMMISSION. ,
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s . , ad William J.~ Oircks Executive Director for Operations
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