ML20127M874
| ML20127M874 | |
| Person / Time | |
|---|---|
| Issue date: | 02/21/1985 |
| From: | Lesar M NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Deegan G NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| Shared Package | |
| ML20127M518 | List: |
| References | |
| RULE-PR-30-50FR72, RULE-PR-40-50FR72, RULE-PR-70-50FR72 AB81-2, NUDOCS 8505230376 | |
| Download: ML20127M874 (13) | |
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UNITED STATES
- 8 NUCLEAR REGULATORY COMMISSION a
f wasmwarow.o. c.rosss T.,.....f FEB 21 ggg5 MEMORANDUM FOR:
George J. Deegan, Management Analyst Division of Fuel Cycle and Material Safety
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Office of Nuclear Material Safety and Safeguards FROMi Michael T. Lesar, Regulations Specialist Rdles and Procedures Branch Division of Rules and Records Office of Administration
SUBJECT:
FINAL RULE CONCERNING REGIONAL NUCLEAR MATERIALS LICENSING FOR CERTAIN FEDERAL FACILITIES
' This memoraridum confirms our telephone conversation of February 19, 1985 concerning the final rule. implementing another phase of the decentralized
-licensing program by extending the program to include licensees at certain Federal, facilities.
As we discussed, the amendatory language necessary to implement the piecemeal amendment to paragraphs _(b)(2)(1)-(v) must be adjusted in order to remain
. acceptable by the Office of the Federal Register.
The enclosed mark-up presents the acceptable language in addition to several additional editorial corrections.
Please check with ELD to ensure that the language provided on page 3 of the
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Federal Register Notice is sufficient to waive both the notice and comment and the deferred effective date provisions of the Administrative Procedures Act (5 U.S.C. 553).
If ycu have any questions, please call me on ext. 27758.
Michael T. Lesar, Regulations Specialist Rules and Procedures Branch Division of Rules an'd Records Office of Administration
Enclosure:
As stated 5052g376 850515 30 PDR
Identical--lettors sent to:
The Henorable Morris'K. Udall, Chairman Subcannittee on Energy and the Environm:nt
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Committet on Interior and Insular Affairs ORAFT United. States House of Representatives Washington, DC 20515 cc:
The Honorable Manuel Lujan
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va-u- -^ "= h l a
^^ ^ '-- r, Chai rma e Subcommittee on Energy Conservation and Power Committee ori Energy and Comerce
.The Honorable A an S mpson, Chai rman United States House of Representatives l
i Subcommittee on Nuclear Regulation Washington, DC 20515 Committee.on Environment and Public Works cc:
The Honorable Carlos Moorhead United States Senate Washington, DC 20510
Dear Mr. Chairman:
l The Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal Register for publication the' enclosed revision to the Commission's rules in 10 CFR Parts 30, 40, and 70.
This revision extends the program for. nuclear materials licensing' by delegating additional licensing authority from Headquarters to the five NRC Regional Of fi ces.
This action expands an existing effort by including certain Federal
. government licensees in the decentralized program, which has proven itself successful in the past.
It brings the licensing authority closer to the licensees, which makes us more effective and improves our communications.
The Commission is issuing this rule, which will take effect on April 1, 1985.
r Si ncerely, John G. Davis, Director Office of Nuclear Material Safety and Safeguards
Enclosure:
As stated cc:
The Honorable Gary Hart G
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DRAFT 9
i MEMORANDUM FOR: John G. Davis, Director Office of Nuclear Material Safety and Safeguards FROM:
Richard E. Cunningham, Director Division of Fuel Cycle and Material Safety
SUBJECT:
FEDERAL REGISTER NOTICE AND DELEGATION ~OF AUTHORITY FOR CERTAIN FEDERAL FACILITY NUCLEAR MATERIALS LICENSEES Enclosed are the above items and a draft cover memorandum to the Executive Director for Operations (EDO) which certain to those licensing actions scheduled for decentralization on April 1,1985. The Delegation of Auth.ority requires your signature before it can be sent to the EDO for final signature.
While your concurrence is required, the Federal Register notice needs only the signature of the EDO to be published.
.e-
.e Richard E. Cunningham, Director Division of Fuel Cycle and Material Safety
Enclosures:
As stated
. cc:
Mr. Mausshardt Mr. Miller Ms. Heumann 1
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NUCLEAR REGULATORY COMMISSION
- 10. CFR Parts 30, 40 and 70 Regional Nuclear Materials Licensing for Certain Federal Facilities AGENCY:
Nuclear Regulatory Commission.
ACTION:
Final rule.
SUMMARY
The NRC is amending its regulations co.ncerning the domestic licensing of source, byproduct, and special nuclear material (hereafter referred to as nuclear materials) to provide information about the additional implementation of NRC's decentralized licensing program.
This amendment impi.ements another p6ase of a process planned several years ago by extending the program in.all Regions to include licensees at certain Federal facilities. Publication of the amendment is to inform present or prospective licensees of current NRC practice and organization.
EFFECTIVE DATE:
April 1,1985.
FOR FURTHER INFORMATION CONTACT:
Dcnald R. Chapell, Deputy Director, Division of. Fuel Cycle and Material Safety, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone:
(301) 427-4152.
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SUPPLEMENTARY INFORMATION:
On May 27,1982.(47 FR 23138), April 14,1983 (48 FR 16030) (effective April 1,1983), and May'9,1984 (49 FR 19630) the Nuclear Regulato'ry Commission (NRC) published rules amending the domestic licensing of nuclear materials to decentralize most parts of its program. The NRC is again amending its regulations to include certain Federa'l facility licenses within the scope of its decentralizatien program.
These revisions to 55 30.6, 40.5, and 70.5 speci'fy that inquiries coming from certain Federal facilities concerning NRC regulations in 10 CFR Parts 30 through 35, 40, and 70 and applications for licenses, license renewals, and revisions be sent to the appropriate regional offices, rather than NRC headquarters offices. This action now incorporates these Federal facility licensees in addition to those' previously included under ear er amendments within the Regional materials licensing programs.
The only Federal licensees n'ot affected by this action would be the United States Air Force and United States Navy, WFose licensing submittals will continue to be reviewed from NRC headquarters o'fices. These licensees have been excepted because each.is currently in the process of' submitting a proposal for a broad license with the NRC, which would, if approved, consolidate over,
one hundred individual licenses into one " raster" license.
This action also adds another item to the list of exceptions to, the authority delegated to the regional licensing programs.
This new exception,' included as paragraph (b) (1) (v) in 5530.6, 40.5, and 70.5, reflects no actual change from-current practice.
Rather, it documents a condition that has always been, and will remain, a Headquarters responsibility - the review of new uses or techniques of use of radioactive or nuclear material.
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$ $ g j These amendments apply to NRC licensees and applicants in non-Agreement
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h %q,Q States, Guam, Puerto Rico, the Virgin Islands, an t
'and to NRC Federal licensees and applicants in the Agreement and non-Agreement (
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S s States (except the United States Air Force and Navy). Delegations of authority y
to the Regional Administrators are contained in NRC Manual Chapter 0128. The E% t0 g, changes to 5530.6, 40.5, and 70.5 are nonsubstantive amendments. The revised 4Q
% secions indicate the type of 1.icensing authority delegated t'o Regional
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Adm'i ni st rato rs.
uPT nce these are minor, procedural amendments relating to agency organizational
% t R1 and management: notice, opportunity for comment and a delay of effective date are not required by the Administrative Procedure Act. -(5 U.S.C. 553).
ENVIRONMENTAL. IMPACT-CATEGORfCALEXCLUSION The NRC has determined that this final rule is the type of action described in categorical exclusion 10 CFR 51.22-(c) (3) (i).
Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.
PAPERWORK REDUCTION ACT STATEMENT This final rule does not contain a new or amended infomation collection requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).
Existing requirements were approved by the Office of Management and Budget approval numbers 3150-0017 for Part 30, 3150-0020 for Part 40, and 3150-0009 for Part 70.
LIST OF SUBJECTS IN 10 CFR PARTS 30, 40, AND 70 Part 30 - Byproduct material, Goverment contracts, Intergovernmental relations, Isotopes, Nuclear materials, Penalty, Radiation protection, Reporting and recordkeeping requirements.
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Part 40 - Government contracts, Hazardous materials-transportation, Nuclear materials, Penalty, Reporting and recordkeeping requirements, Source material, and Uranium.
Part 70 - Hazardous materials-transportation, Nuclear materials, Packaging and containers, Penal.ty, Radiation protection, Reporting 'and recordkeeping requirements, Scientific equipment, Security measures, Special nuclear material.
Under the Atomic Energy Act of' 1954, as amended, the Energy Reorganization 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.
The authority citation for this document is:
Authority:
Sec.161, Pub. L.83-703, 68 Stat. 948, as amended (42 U.S.C.
2201); Sec. 201, Pub. L.93-438' 88 Stat.1242, as amended (42 U.S.C. 5841).
PART 30-RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL 1.
In 530.6, paragraphs (b) (2) (i), (ii), (iii), (iv), and (v) are amended by changing the phrase, "With the exception of Federal facilities, the regional licensing program involves #th: fell r'n; ".:;hr : 'c h.' non ".;re: rt ?t:t =",
to read "With the exception of the United States Air Force and Navy, the regional licensing program involves all other Federal facilities throughout the United States, and non-Federal licensees ir t,: "c3. d > ovn-Asi m..:nb Steics.". Also, the introductory text of paragraph (b) and paragraph (b) (1) are redised 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'
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paragraph (b)(1) of this section. Any communication, report,
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or application covered under this licensing program must be submitted as specified in paragraph (b)(2) of this section.
(11 The delega'ted licensing program includes authority to issue, renew, amend, cancel, modify, suspend, br 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:
(1)
Activities in the fuel cycle and special nuclear
.T,ater'al 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.).
9
.(iv)
Distribution of' products containing radioactive material to persons exempt pursuant to 10 CFR 32.11 through 32.26.
(v)
New uses or techniques of use of radioactive or nuclear material.
PART 40-00MESTIC 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 1) licensing program involves th: f:11;;ia; Re vn : (ccu.) nun-Avreement asetes v
to read "With the exception of the United States Air Force and Navy, the regional licensing program invojves all other Federal facilities throughout the United States, and non-Federal licensees in '; ";;ie..'. non-Avi..;;rt
-5 L o u w s ".- 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.
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7 (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 4
United States Air Force and Navy) for academic, medical, and industrial uses, with the following exceptionsi (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
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to termination of special nuclear material licenses that<3uthorize pos. session 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 of use of radioactive or nuclear material.
PART 70 - DOMESTIC LICENSING OF SPECIAL' NUCLEAR MATERIAL 3.
In 570.5, paragraphs (b) (2) (1), (ii), (iii), (iv), and (v) are amended by changing the phrase, "With the exception of Federal facilities, the regional a
licensing program involves tha fa ewing o ;i;r
'cuc.) nun-A....... 36etes r
3 to, read "With the exception of the United States Air Force and Navy, the regional, licensing program involves all other Federal facilities throughout
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the United Stat 4s, and non-Fed.eral licensees in +'t c;':r': n;r.'.;r;;;;nt 4
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O f io ces. ' Al son the introductory text of paragraph (b) and paragraph (b) (1) are revised to read as follows:
L 570.5 Communications.
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(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' nuclear materials issued pursuant to 10 CFR Parts 30 through O
35, 40 anc 70 to all persons (except the United States Air Force and Navy) for academic, medical, and industrial uses, with the following exceptions:
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a (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, and approval, for licensing purposes, of sealed sources and devices.
(iii)
Processing of source material for extraction of.
metall c compounds (including Zirconium, Hafnium,
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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 of use of radioactive or nuclear material.
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Dated at Bethesda, MD this day of
, 1985.
FOR THE NUCLEAR REGULATORY COMMISSION.
Wijliam][.*07 'MExecutive Director I
for Uperationsg) 3
pn nnuq'o UNITED STATES g
8 NUCLEAR REGULATORY COMMISSION o
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MEMORANDUM FOR: " John G. Davis,. Director Office of Nuclear Material Safety and Safeguards FROM:
Richard E. Cunningham, Director Division of Fuel Cycle and Material Safety SA 4
SUBJECT:
FEDERAL REGISTER NOTI AND DELEGATION OF AUTHORITY FOR CERTAIN ATERIAL AND FUEL CYCLE LICENSING ACTI Enclosed are a Federal Register notice, a klegation of huthority, and a draft cover memorandum to the Executive Director for Operations (ED0) which pertain,to those licensing actions scheduled for decentralization on April 1, 1985. The Delegation of Authority requires your signature before it can be sent to the ED0 for final signature. While your concurrence is required, the l
Federal Register notice needs only the signature of the EDO to be published.
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Richard E. Cunningham, Director
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Division of Fuel Cycle and Material Safety Enclosurgs: As stated
-co-Mr. Itausshardt M L
Mr. Killer Ms. Hbumann
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