ML20127M908

Forwards marked-up Draft Final Rule Concerning Regional Matls Licensing for Certain Federal Facilities,Incorporating Rules & Procedures Branch Comments.Draft Forwarded to Document Mgt Branch

ML20127M908
Person / Time
Issue date:	02/07/1985
From:	Philips J NRC OFFICE OF ADMINISTRATION (ADM)
To:	Deegan G NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
Shared Package
ML20127M518	List: ML20127M515 ML20127M547 ML20127M585 ML20127M608 ML20127M643 ML20127M696 ML20127M711 ML20127M737 ML20127M771 ML20127M806 ML20127M828 ML20127M839 ML20127M874 ML20127M890 ML20127M908 ML20127M931
References
RULE-PR-30-50FR72, RULE-PR-40-50FR72, RULE-PR-70-50FR72 AB81-2, NUDOCS 8505230387
Download: ML20127M908 (23)

Text

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N 7 1995 MEMORANDUM FOR: George J. Deegan, Management Analyst Division of Fuel Cycle and Material Safety Office of Nuclear Material Safety and Safeguards FROM: John Philips, Chief Rules and Procedures Branch Division of Rules and Records Office of Administration

SUBJECT:

FINAL RULE CONCERNING REGIONAL NUCLEAR MATERIALS LICENSING FOR CERTAIN FEDERAL FACILITIES The Rules and Procedures Branch, DRR, ADM, has reviewed the draft final rule concerning regional nuclear materials licensing for certain Federal facilities. We have enclosed a marked-up copy of the package that sets out our comments. ,

i In paragraph (b)(1) of your amendment, the phrase "The delegated licensing program includes the authority to issue, review, amend, cancel, modify, suspend or revoke licensees...." appears redundant.

Consider deleting " cancel" and " modify" because " revoke" and " amend" express the same concepts.

When the final rule is submitted for publication, the signature block must appear on a page that contains document text. This is necessary to comply with the publication requirements of the Office of the Federal Register.

In accordance with our agreement reached at our last meeting with Barry Pineles, OELD, his office will consider the issues of whether their rule can be exempted from public comment and the usual 30 days delayed effectiveness provision. Depending on OELD's decision, we may have additional comments.

We have forwarded a copy of the draft final rule to the Document Management Branch, TIDC, ADM, for its review concerning the paperwork management aspects of this rulemaking action.

You should also prepare a letter to appropriate Congressional committees informing them of this rulemaking action.

52 p 387 850515 PDR l

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George J. Deegan FEB I gg If you have any questions, please call me on. ext. 27086 or Michael Lesar of my staff on ext. 27758.

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dad Philips, Chief' Rules and Procedures Branch Division of Rules and Records Office of Administration

Enclosure:

As stated cc:- R. Stephen Scott, TIDC Barry Pineles, OELD t

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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

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 actions scheduled for decentralization on April 1,1985. The Delegation of Authority 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.

Richard E. Cunningham, Director Division of Fuel Cycle and Material Safety

Enclosures:

As stated cc: Mr. Mausshardt Mr. Miller Ms. Heumann

(7590-01)

NUCLEAR REGULATORY

• COMMISSION 10 CFR Parts 30, 40 and 70 g,/g.

4 Regional Nuclear Materials Licensing for 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 p 0 amendment implements another phase of a process planned several years ago bybrcadcNi-I;t accpc cf the program in all Regions to include ccrt;' ,a; b y

W 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: Donald 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: OnMay27,1982(47FR23138)hMay9,1984,(49/

FRg April 14,1983 (48 FR 16030) (effective April 1,1983)3the Nuclear Regulatory 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 federal facility licenses within the scope of its decentralization program. These revisions to$$30.6, 40.5, and 70.5 specify that inquiries coming from certain {ederal 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 ederal facility licensee heRegional]

glaTerials licensing prM#Fs aco m un Lu inuse previously included under om w /meirt earlier m1= 9e7^'y The only federal licensees not affected by this action 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. (b 7"M 'M (1) (v) inf 30.6, 40.5, and 70.5, reflects,no actual change from current

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practice. Rather, it documents a condition that has always been, and will remain, a Headquartert responsibility - the review of new uses or techniques of use of radioactive or nuclear material.

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These amendments de-ae4 apply ir .". . ::::;.t St:te:, but 2 :pply to arl ##c R1 licensees and applicants in non-Agreenent States. gay, uu . gn M, they; %1.a+ Ms og .

d d2 Virgin Islands, and the District of Columbia) Delegations of authority to the f*ta.&-

J Regional Administrators are contained in NRC Manual Chapter 0128. The changes toj830.6, 40.5, and 70.5 are nonsubstantive amendments. The revised sections indicate the type of licensing authority delegated to Regional Administrators.

M-ja Since these are minor, procedural amendments relating to agency organizational v5 and management; notice, opportunity for comment and a delay of effective (i

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1. 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 prepared for this final rule.

PAPERWORK REDUCTION ACT STATEMENT This final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). Ex sting requirements were approved by the Office of Management i

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, 43, AND 70 Part 30 - Byproduct material, Government contracts, Intergovernmental relations, Isotopes, Nuclear materials, Penalty, Radiation protection, Reporting and recordkeeping requirements.

-4 Part 40 - Government contracts, Hazardous materials-transportation, Nuclear materials, Penalty, Reporting and recordkeeping requirements, Source material, Uranium.

Part 70 - Hazardous materials-transportation, Nuclear materials, Packaging of , and containers, Penalty, Radiation protection, Reporting and recordkeeping 5[ requirements, Scientific equipment, Security measures, Special nuclear material.

cp Y Under the Atomic Energy Act of 1954, as amended, the Energy Reorganization Y[ I Act of 1974, as amended, and 5 U.S.C. 552, the following amendments to 10 i CFR Parts 30 3 40, and 70 are published as a document subject to codification.

PART 30-RULES OF GENERAL APPL 4CABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL

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(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 tennination 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.

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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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material in quantities sufficient to constitute l a critical mass in any room or area. This exception does not apply to license modifications relating  !

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(iii) Processing of source material for extraction of metallic compounds (including Zirconium, Hafnium, Ta ntalum, Titanium, Niobium, etc.) .

(iv) Distribution of products containina radioactive material to persons exempt pursuant to 10 CFR J :t 32.11 through 32.26.

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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 licensina orocram must be submitted as soecified in caragraph (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:

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to the Regional Administrators.

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(iii) Processing of source material for extraction of metallic comoounds (includina Zirconium. Hafnium.

Tantalum. Titanium. Niobium, etc.).

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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.

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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 Division Directors, NMSS

• DELEGATION OF AUTHORITY FOR ED0 PUBLICATION APPROVAL -f ur Approved for Publication In a final rule published March 19, 1983 (47 FR 11816), the Commission delegated to the ED0 (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, and 0310.

The enclosed final rule entitled, " Regional Nuclear Materials Licensing for bertain Federal Facilities," amends 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 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.

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Cate z William J. Dircks Executive Director for Operations

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DAILY STAFF NOTES 7P DIVISION OF FUEL CYCLE AND MATERIAL SAFETY OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS Final Rule to be Signed by EDO On ,,1985, the Exec.tive Director for Operations approved a final rule which revised 10 CFR Parts 30, 40, and 70. This revision informs the public an ech.h of effect that broadens the scope of the nuclear materials licensing program in all Regions to include licensees at certain Federal facilities. This action implements another phase of 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 rulemaking 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 i

MEMORANDUM FOR:. Regional Administrators FROM: William J. Dircks Executive Director for Operations i John G. Davis, Director Office of Nuclear Material Safety and Safeguards ,

SUBJECT:

DELEGATION AND ASSIGNMENT TO ALL REGIONS OF CERTAIN MATERIALS LICENSING ACTIONS r

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1. Pursuant to NRC Manual Chapter 0128, " Organization and Functions -

5 J /,/gg Regional Offices,"

hereby assigned andthe Regional authorized Administrators (hereafter referred toof asall regions are authorized) to perfom certain licensing actions as described herein, effective

/>(/ W ^, L^@ This authorization supersedes the ones issued to Regions I and III effective May 27, le82 s 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 nave been authorized to perform 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 detemined 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:

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' 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 Commission'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 compounds (including Zirconium, Hafniun, 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.

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5. Actions initiated by Regional Admin.istrators 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 perform.

7. Actions pertaining to the disposal of nuclear material by burial must have the concurrence of the NMSS Director.

E. 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 NMSS until a specific authorization is made to the regions.

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 DRAFT l I

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 Administrator prior to issuing a final 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 perfomed in accordance with policy guidance and standard review plans issued by the NMSS Director.

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12. NMSS will provide a copy of this delegation, telated revisions, and other related documents to both the Deputy Exer.utive 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 Safeguaros