ML20127M890
| ML20127M890 | |
| Person / Time | |
|---|---|
| Issue date: | 02/13/1985 |
| From: | Deegan G NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Dorian T, Lesar M, Philips J NRC OFFICE OF ADMINISTRATION (ADM), NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| Shared Package | |
| ML20127M518 | List: |
| References | |
| RULE-PR-30-50FR72, RULE-PR-40-50FR72, RULE-PR-70-50FR72 AB81-2, NUDOCS 8505230380 | |
| Download: ML20127M890 (19) | |
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A6 81-2
/ %, UNITED STATES g NUCLEAR REGULATORY COMMISSION
[ WASHINGTON, D. C. 20555 g j
\ ,,,,f FE8131985 -_
MEMORANDUM FOR: Those on Attached List FROM: George J. Deegan, Management Analyst Division of Fuel Cycle and Material Safety
SUBJECT:
FEDERAL REGISTER NOTICE ET. AL. FOR DECENTRALIZING CERTAIN FEDERAL FACILITIES Please review my latest draft on the above subject and let me know what more needs to be corrected for the final version. As you will see, nearly all of John Philips' February 7 suggested changes have been incorporated in this version. The only change I did not make concerned the verbs as contained in paragraph (b)(1) of the various Parts. I believe that subtle differences do exist between verbs such as " cancel" and " revoke" and, therefore, I suggest we retain both verbs within those paragraphs.
I also direct your attention to the first paragraph of page 3, and to Federal Register instructions on pages 4, 6 and 8, which I have revised since the last draft. These sections have been changed because the old wording did not make it clear that Federal facilities in both Agreement and non-Agreement States would be subject to this rule.
Thank you for your timely review of this package. I will be contacting each of you shortly to discuss this information.
nd George J. D egan, Management Analyst Division of Fuel Cycle and Material Safety Office of Nuclear Material Safety and Safeguards
Enclosure:
Second draft of Federal Register Notice et. al .
8505230300 850515 PDR PR 30 PDR l
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Addressees - Memorandum dated: February 13, 1985 John Philips, Division of Rules and Records, ADM Mike Lesar - Division of Rules and Records, ADM Tom Dorian, Office of the Executive Legal Director Barry Pineles, Office of. the Executive Legal Director Joe DelMedico, Office of Congressional Affairs eim O
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Id:ntical lettors s nt to: Tha H:n::rable M:rris K. Udall, Chairman Subcomittra on En:rgy and the Envir:nm:nt DRAFT Committee on Interior and Insular Affairs United States House of Representatives Washington, DC 20515 cc: The Honorable Manuel Lujan
- a nd -
The Honorable Richard L. Ottinger, Chairma Subcommittee on Energy Conservation and Power Committee on Energy and Commerce The Honorable Alan Simpson, Chairman United States House of Representatives 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:
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 wilt take effect on April 1, 1985.
Since rely, John G. Davis, Director Office of Nuclear Material Safety and Safeguards
Enclosure:
As stated cc: .The Honorable Gary Hart
-DRAFT '
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 (ED0) which pertain to those licensing at.tions scheduled for decentralization on April 1,1985. The Delegation of Authority requires your signature before it can be sent to the ED0 f.or final signature. While your concurrence is required, the Federal Register notice needs only the signature of the EDO to be published.
Richard E. Cunningham, Director Division of Fuel Cycle and Material Safety _
Enclosures:
As stated cc: Mr. Mausshardt Mr. Miller Ms. Heumann
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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 concerning 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 implements another phase 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, 1 FOR FURTHER INFORMATION CONTACT: Donald R. Chape11, 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.
c-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 Regulatory Commission (NRC) published rules amending the domestic licensing of nuclear materials to decentralize nost parts of its program. The NRC is again amending its regulations to include certain Federal facility licenses within the scope of its decentralization program. These revisions to 55 30.6, 40.5, and 70.5 specify 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 earlier 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," whose licensing submittals will continue to be reviewed from NRC headquarters offices. 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 " master" 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.
These amendme'nts 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 in the Agreement and non-Agreement States (except the United States Air Force and Navy). 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. The revised secions indicate the type of licensing authority delegated to Regional Administrators.
Since these are minor, procedural amendments relating to agency organizational 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 - CATEGORICAL EXCLUSION The NRC has determined that this final rule is the type of action described in categorical exclusion 10 CFR 51.22 (c) (3) (1). Therefore, neither an environmental impact statement nor an environmental assessment has been I
prepared for this final rule.
PAPERWORK REDUCTION ACT STATEMENT This final rule does not contain a new or amended information collectinn 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, Government 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, Penalty, 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) (1), (ii)., (iii), (iv), and (v) are amended by changing the phrase, "With the exception of Federal facilities, the regional licensing program involves the following Region I (etc.) non-Agreement States" 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 in the Region's non-Agreement States." Also, the introductory texts of paragraph (b) and paragraph (b) (1) are revised to read as follows:
530.6 Communications.
(b) The Commission has delegated to the five Regional Administrat' ors licensing authority for selected parts of its decentralized l licensing program for nuclear materials as described in paragraph (b)(1) of this section. Any canmunication, report, or application covered under this licensing program must be
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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:
1 (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 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 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 the following Region I (etc.) non-Agreement States" 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 in the Region's non-Agreement 1 States". Also, the introductory texts 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
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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 of use of radioactive or nuclear material.
-8 PART 70 - DOMESTIC LICENSING 0F 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 .
licensing program ' involves the following Region I (etc.) non-Agreement States" 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 in the Region's non-Agreement States." Also, the introductory texts of paragraph (b) and paragraph (b) (1) are revised to read as follows:
570.5 Communications.
(b) The Canmission 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 communicatio',
n report, or applicatio_n 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
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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 of use of radioactive or nuclear material .
Dated at Bethesda, MD this day of , 1985.
FOR THE NUCLEAR REGULATORY COMMISSION.
William J. Dircks, Executive Director for Operations
DRAFT MEMORANDUM FOR: William J. Dircks Executive Director for Operations :
FROM: John G. Davis, Director .
Office'of Nuclear Material Safety and Safeguards
SUBJECT:
FEDERAL REGISTER NOTICE AND DELEGATION OF AUTHORITY FOR CERTAIN FEDERAL FACILITY NUCLEAR MATERIALS LICENSEES Enclosed for your signature are the final rule amendment (to be published in the Federal Register) and the Delegation of Authority pertaining to those licensing actions scheduled for decentralization on April 1,1985.
Also included are the Daily Staff Notes and the Delegation of Authority for ED0 Publication Approval.
John G. Davis, Director Office of Nuclear Material Safety and Safeguards
Enclosures:
As stated .
cc: Rules and Records DEDR0GR Chief Counsel, Regional-Operations and Enforcement Division, ELD i
! Division Directors, NMSS i
DRAFT DELEGATION OF. AUTHORITY-F0R ED0 PUBLICATION APPROVAL D
Approved for Publication In a final rule, published March 19,1983 (47 FR 11816), the Commi'ssion delegated to the EDO (10 CFR 1.40(c) and (d)) the authority to develop and promulgate rules as defined in the APA (5 U.S.C. 551(4)) subject to the .
limitations in NRC Manual Chapter 0.103, Organization and Functions, Office of the Executive Director for Operations, paragraphs 0213, 038, a nd 0310.
The enclosed final rule entitled, " Regional Nuclear Materials Licensing for Certain Federal Facilities," amerds 10 CFR Parts 30, 40, and 70 to include certain Federal facility licensees in the decentralized materials licensing program.
This final rule does not constitute a significant question of policy, nor I
does it amend regulations contained in 10 CFR Parts 0, 2, 7, 8, 9 Subpart C, or 110. I, therefore, find that this final rule is within the scope of my rulemaking authority and am proceeding to issue it.
Date William J. Dircks Executive Director for Operations
-DRAFT i DAILY STAFF NOTES DIVISION OF FUEL CYCLE AND MATERIAL SAFETY OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS Final -Rule to be Signed by EDO
-On , .1985, the Executive Director for Operations approved a final rule which revised 10 CFR Parts 30, 40, and 70. 'his revision infonns the public of an action that broadens the scope of the nuclear materials licensing program in all Regions to include licenseas at certain Federal facilities.
This action implements another phase o' a process planned.several years ago to decentralize most of the nuclear materials licensing program.
This constitutes notice to the Commission that, in accordance with the rul'emaking authority delegated to the EDO, the EDO has received the final rule and proposes to forward it on ,1985 to the Office of the Secretary for FR publication, unless otherwise directed by the Commission.
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DRAFT MEMORANDUM FOR: ,
Regional Administrators FROM: William J. Dircks Executive Director for Operations John G. Davis, Director Office of Nuclear Material Safety and Safeguards
SUBJECT:
DELEGATION.AND ASSIGNMENT TO ALL REGIONS OF CERTAIN MATERIALS LICENSING ACTIONS
- 1. Pursuant to NRC Manual Chapter 0128, " Organization and Functions -
Regional Offices," the Regional Administrators of all regions are hereby assigned and authorized (hereafter referred to as authorized) to perfonn certain licensing actions as described herein, effective April 1,1985. This authorization supersedes the ones issued to Regions I and III effective May 27, 1982 and to all Regions April 1, 1983 (published April 14,1983) and April 2,1984.
- 2. Under the Atomic Energy Act of 1954, as amended, and the Energy Reorganization Act of 1974, as amended, the Office of Nuclear Material Safety and Safeguards (NMSS) is responsible for the principal licensing, regulation, and safeguarding of facilities and materials specified in the Atomic Energy Act of 1954 associated with the processing, transport, and handling of source, byproduct, and special nuclear materials (here-after referred to as nuclear materials). Consequently, NMSS will remain responsible for determining overall licensing and regulatory policy for actions which the regions have been authorized to perfonn pursuant to this memorandum. To enable NMSS to execute this responsibility properly, NMSS will maintain oversight of these licensing actions. This oversight shall include, but not be limited to, ongoing review of documentation, periodic assessments of activities being conducted by the regions, and ongoing coordination and consultation between NMSS and the regions regarding authorized licensing actions. The NMSS Director retains the authority to take actions determined necessary in all matters hereby authorized to be performed by the regions.
- 3. All Regional Administrators are authorized to issue, renew, amend, cancel, modify, suspend, or revoke, under the provisions set out by this delegation, 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) in non-Agreement States, Guam, Puerto Rico, the Virgin Islands and the District of Columbia for academic, medical, and industrial uses, with the following exceptions:
. Regional Administrators .
A. 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 the Nuclear Regulatory Canmission's Headquarters,to the Regional Administrators.
.B. Health and safety design review of sealed sources and devices, and approval, for licensing purposes, of sealed sources and devices.
C. Processing of source material for extraction of metallic canpounds (including Zirconium, Hafnium, Tantalum.
Titanium, Niobium, etc.) .
D. . Distribution of products containing radioactive material to persons exempt pursuant to 10 CFR Parts 32.11 through 32.26.
E. New uses or techniques of use of radioactive or nuclear material.
- 4. All Regional Administrators are authorized to issue, with the concurrence of the NMSS Director, notices of the denial or the pro-posed denial of applications for materials licenses and amendments or renewals thereof, pursuant to 10 CFR Part 2, within the parameters delineated in paragraph 3 above.
- 5. Actions initiated by Regional Administrators to suspend, modify, or revoke licenses must have the concurrence of the NMSS Director.
- 6. All Regional Administrators are authorized to respond to all Freedom of Information Act inquiries as well as inquiries from Congress, the media and others about licensing actions the Regions have the authority to perfonn.
- 7. Actions pertaining to the disposal of nuclear material by burial must have the concurrence of the NMSS Director.
- 8. All matters which arise that reasonably could be expected to have policy implications relating to delegated licensing actions shall ,
be referred to the NMSS Director for resolution. If a licensing and/or regulation matter arises which has not been specifically authorized pursuant to this memorandum, it remains the responsi-bility of HMSS until a specific authorization is made to the reg'i o ns.
- 9. Disagreements which arise between NMSS and regional staffs on whether or not an issue constitutes an item which remains the responsibility
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Regional Administrators of NMSS, or on the way in which a delegated item (s) has been handled will be referred to the NMSS Director who will consult with the Regional Administretor pr'or to issuing a rinal resolution.
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- 10. Disagreements between potential or existing licensees relative to decisions made by the Regional Administrators pertaining to license actions should be made known immediately to the NMSS Director. If resolution cannot be achieved at the regional level, the applicant /
licensee shall be informed in writing by the Regional Administrator, with a copy to the NMSS Director, that it may seek resolution of the matter with the NMSS Director.
- 11. Delegated licensing actions are to be performed in accordance with policy guidance and standard review plans issued by the NMSS Director.
- 12. NMSS will provide a copy of this delegation, related revisions, and other related documents to both the Deputy Executive Director for Regional Operations and Generic Requirements and the Director and Chief Counsel, Regional Operations Enforcement Division, Office of the Executive Legal Director. All documents submitted under this paragraph will be marked with Delegation and Assignment number
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William J. Dircks Executive Director for Operations John G. Davis, Director Office of Nuclear Material Safety and Safeguards