ML20127M931
| ML20127M931 | |
| Person / Time | |
|---|---|
| Issue date: | 02/01/1985 |
| From: | Deegan G NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Philips J, Pineles B 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 8505230392 | |
| Download: ML20127M931 (17) | |
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ABZI*2 FEB 1 1985 MEMORANDUM FOR: John Philips, Division of Rules
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and Records ,
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, Barry Pinels, ELD ,
FROM: George J. Deegan, Management Analyst Division of, Fuel Cycle and Material Safety b
SUBJECT:
DRAFT FEDERAL REGISTER NOTICE ET. AL.
As we discussed in our meeting of Tuesday January 15. I am enclosing a draft copy of the Federal Register Notice and Delegation of Authority for the materials licenses we will be regionalizing on April 1. You will notice one significant change since our last discussion. HMSS now intends to hold the Air Force and Navy licenses here at Headquarters and regionalize all other Federal licensees. This is a recent development from within NMSS that still has not been. agreed to at all levels. Although
.I expect it to be approved ultimately. I suggest we dispense with the comment period and seek a final rather than proposed rule due to the time constraints we may encounter from this decision.
Please let me know if any changes are necessary. For the most part, I've tried to reuse last year's package as approved by you and John Klucsik.
Please excuse the typographical errors in the draft. I felt the. time saved is more important than neatness at this stage.
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Tom Dorian has been the ELD contact on discussions with NNSS regarding the change for the Air Force and Navy licenses.
I appreciate your prompt attention and thank you in advance for your time and efforts.
Ori;in" %*- ed by George J. Deegan, Management Analyst ,
Division of Fuel Cycle and ,
Material Safety
Enclosure:
As stated i
cc: Mr. Cunningham Mr. Chapell Mr. Miller
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3 8505230392 850515 PDR PR 30 PDR t
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MEMORANDUM FOR: John G. Davis, Director Of fice of Nuclear Material Safety and~ Safeguards FROM: - Richard E. Cunningham, Director -
e 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 memorandu' to the Executive Director for Operations (EDO) which pertain to those licensing r- <, , --- ~' ~ e -- . - - .
,+<n.. ensna..,ea <- ance-+.,,2,,+<n, n, of ' Authority require,s 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 EB0 to be published.
Richard E. Cunningham, Director Division of Fuel Cycle and Paterial Safety ~ _
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cc: Mr. Mausshardt t' Mr. Miller Ms. Heumann O
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(7590-01)
. NUCLEAR REGULATORY nA COMMISSION Kg 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, byprococt, un., sguc'.61 ruclear noterial (bereafter referred to as nuclear materials) to provide information about the additional implementation of NRC's decentralized licensing progran. Tnis amendment implements another phase of a process planned several years ago by broadening the scope of the program in all Regions to include ;;rt:f r, ensas licensees at certain Federal facilities. Publication of the amendment is to EFFECTIVE DATE: April 1,1985.
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 Canmission, Washington, DC
< 2C555, Telephone: (301) 427-4152.
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SuePLEMENTARY INFORMATION: On May 27,1982 (47 FR 23138) /and liay 9,1964, (49]
q FR 19630J April 14,1983 (48 FR 16030) (effective April 1,1983), gthe Nuclear Regulatory Conmission (NRC) published rules amending the domestic licensing of
- nuclear materials to decentralize most parts of its program. The NRC is again
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a amending -its regulations to include certain federal facility licenses within the scope of its decentralization program. Theserevisionsto3530.6, in c , --e , n , s e - , - > <v g u , + < .a n z e. .. :. r- . .:. c - ~ <- ?,z.: .
concerning NRC regulations in 10 CFR Parts 30 threugh 35, 40, and 70 and applications for licenses, license renewals, anc revisions be sent to the appropriate regional offices, rather than NRC headquarters offices. This action now incorporates U cx . u s . c. . .... .y r lice.shes[.. L ., 5 c '
materials licensing programs, in addition to those previously included under earlier rule changes.
The nniv ferieral licensees not affected by this action, would he the United 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 1 delegated to the regional licensing programs. This new exception, item (b)
.(1) (v) in[830.6, 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 rev.iew of new uses or techniques
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-3 These amendments do not apply in Agreement States, but do apply to all other licensees and applicants in non-Agreement States, Guam, Puerto Rico, the Virgin Islands, and the District of Colunbia. rir:---':-
c Regional Administrators are contained in NRC Manual Chapter 0128. The changes toj3i30.6,f40.5, and 70.5 are nonsubstantive amendments. The revised sections indicate the type of licensing authority delegated to Regional Administrators.
1 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 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.). Existing requirements were approved by the Office of Management and Budget app,roval numbers 3150-0017 for Part 30, 3150-0020 for Part 40, -
and 3150-0009 for Part 70.
LIST OF SOBJECTS 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 requirenents.
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1 Part 40 - Government contracts, Hazardous materials-transportation, Nuclear materials, Penalty, Reporting and recordkeeping requirements, Source material, o c,1 : . .
Part 70 - Hazardous materials-transportation, Nuclear materials, Packaging and containers, Penalty, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures, Special nuclear material.
lindor the Atamie Fnorny A ct e# 10cM ne =~r a-a +he enorcu o n---- -4 + 1 n n CFR Part; 30,40, and 70 are published as a document subject to codification.
PART 30-Rl'LFS OF GrFrD a! D D D'. 8 co D T' TTv TA """r e" ' '"r# ' ^~ ' ~ ~ ~ ~ ' ' ' '"--~~~
- 1. In 5 30.6, paragraph (b) (1) is amended by changing the parenthetical expression "except Federal agencies" to now read "except the United States Air Force and Navy" and by adding an additional exception as stated in (b) (1) (v).. Paragraph (b) (2) is also amended by changing paragraphs (i) (ii) (iii) (iv) and (v) which contain the phrase, "with the exception of Federal facilities" to now read "With the exception of the United States Air Force and Navy" f30.6 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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_g_ s (1) The delegated licensing program includes authority to issue, renew, amend, cancel, modify, suspend, or revoke
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Parts 30 through 35, 40 and 70 to all persons (e'xcept the United States Air Force and Navy) for academic, medical, and industrial uses, with the following exceptions:
material in quantities sufficient to constitute a critical mass in any room or area. This exception r ..... . , . . - -
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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 Pa rts 32.11 through 32.26.
(v) New uses or techniques of use of radioactive or nuclear material.
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(2)
[ Amended]
PART 40-DOMESTIC LICENSING OF SOURCE MATERIAL
- 2. Inb40.5, paragraph (b)(1)ie ?-- d ' '; -'-- ' : - ---- 'd-
expression "except Federal agencies" to now read "except the United e...., u. r,--- , s u,...a ,2 u,, ,as4 , ,. - s .o . e - - , .~.. . .. -- e.,.,s in (v. . - , . .
(i) (ii) (iii) (iv) and (v) which contain the phrase, "with the exception States Air Force and Navy".
340.5 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 N'a vy) for academic, medical, and industrial uses, with the following exceptions:
(i) Activities in the fuel- cycle and spes.
material in quantities sufficient to constitute a critical mass in any room or area. This exception i
to termination of special nuclear mater.ial licenses that authorize possession of larger quantities when the case is referred for action from NRC's headquarters to the Regional Administrators.
and devices, and approval, for licensing purposes, of sealed sources and devices.
(iii) Processing of source material for extraction of metallic canpounds (including Zirconium, Hafnium, Tantalum, Titanium, Niobiun, etc.).
(iv) Distribution of products containing radioactive material to persons exempt pursuant to 10 CFR Parts 32.11 through 32.26. -
(v) New uses or techniques of use of radioactive or nuclear material (2)
[ Amended]
PART 70 - DOMESTIC LICENSING OF SPECIAL NUC'. EAR MATERIAL
- 3. In3i70.5, paragraph (b) (1) is amended by changing the parenthetical expression, "except Federal aaencies" to now read "except the United States Air Force and Navy" and by adding an additional exception as stated
. bW Pf"' 'O - D0"EST!C LICENSINO Or ^ FECIAL ndCLEAR F.ATERIAL ,
).dia aj in (b) (1) (v). Paragraph (b) (2) is also amending by cery.ng paragraphs of Federal facilities" to now read "With the exception of the United States Air Force' and Navy".
5 70.5 Communications.
top ine cui.a.os>4un nos ueie9eteu to me i.ve r egion6 a nono r.i strators licensing authority for selected parts of its regional licensing program for nuclear materials as cescrioea in perogropo (0)(1) of this section. Any communication. report, or application covered under this licensina orocram must be subnitted 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 pursu= ' to 10 CFR Perts 30 through 35, 40 and 70 to all persons (except the United States Air
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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
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authorize possession of laroer cuantities when-the .
case is referred for action from NRC's headquarters
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(ii) Health and safety design review of seale.d sources and devices, and approval, for licensing purposes, of sealed sources and devices.
(iii) Processing of source material for extraction of
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Tantalum. Titanium. Niobium, etc.).
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material to persons exempt pursuant to 10 CFR Parts 32.11 through 32.26.
L (v) New uses or techniques of use of radioactive or nuclear material.
(2)
[ Amended] -
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i FOR THE NUCLEAR REGULATORY COMMISSION William J. Dircks Executive Director of Operations
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vFv0RANDUM FDP: Villia n 1i . nirch ,
FROM: John G. Davis, Director Office of Nuclear Material Safety and Safeguards
SUBJECT:
FEDERAL REGISTER NOTICE AND DELEGATION OF AUTHORITY FOR CERTAIN FEDERAL F ACILITY NUCLEAR MATERIALS LICENSEES E
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.
for ED0 Publication Approval.
John G. Davis, Director Office of Nuclear Material Safety and Safeguards
Enclosures:
As stated
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I cc: Rules and Records DEDROGR Chief Counsel, Regional Operations and Enforcement
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. Division, ELD Division Directors, NMSS 8
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j DELEGATION OF AUTHORITY FOR EDO PUBLICATION APPROVAL mAip[
Approved for Publication In a final rule. published March 19,10R3 (47 FR 11R16), the Commission delegated to the E00 (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
. Sertain Federal Facilities," amends 10 CFR Parts 30, 40, and 70 to include I
l program.
l This final rule does not constitute a significant questio'n of policy, nor i
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 l- .
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k DAILY STAFF NOTES DIVISION OF FUEL CYCLE AND MATERI AL SAFETY OFFICE OF NUCLEAR MATERIAL SAFEif M.3 SAFEGUARDS Final Rule to be Signed by EDO On ,1985, the Executive Director for Oparations annrevdd a final rule which revised 10 CFR Parts 30, 40, and 70. This revision informs the public om a s :+
of eh that broadens tne scope of tne nuciear ma ter .as s i .cci.s.fi3 pi v9 o.a in all k?gions to include licensees at certain Federal facilities. This action. implements another phase of a process planned several years ago to This constitutes notice to the Commission that, in accordance with the
- rulemaking authority delegated to the EDO, the EDO has received the final rule p-for FR publication, unless otherwise directed by the Commission.
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OMFI MEMORANDUM FOR: ,
Regional Administrators William J. Dircks FROM: -
Executive Director for Operations John G. Davis, Director Office of Nuclear Material Safety and Safeguards 500VLLl: UtLLballVH Ahu Abdibhnthi 10 ALL KtblUnd 0F CERTAIN MATERIALS LICENSING ACTIONS
- 1. Pursuant to NRC Manual Chapter 0128, " Organization and Functions -
Regional Offices," the Regional Administrators of all regions are
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' April 2,1984. 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 o----,.4,..<-- r . ,,3n,f ,. ,-- s a .o- nt<4.- .
,e ..,,,,. .. .. 4,3 regulation, and safeguarding of tac;iit;es and mater:als spec;tieo 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 detennining overall licensing and regulatory policy for actions which the regions have been authorized to perfon" pursuant to
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shall include, but not be limited to, ongoing review of documentation,
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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 detennined necessary in all matters hereby
., authorized to be perfonned by the regions.
- 3. All Region 1 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 . . . .
in quantities. sutticient to condu tu u. o s..s. . ..~32 . . .
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 buclear Regulatory Commission's Headquarters.to the i<egional nomi ni st r o to rs .
B. Heal,th and safety de, sign
... .. .. , . . . . . < -rev,iew of sealed
. ,....,._ ..... . .sources., and 2 ow- , , , . . . . .
C. Processing of source material for extraction of metallic compounds (including 71rconium, Hafnium, Tantalum, Titanium, Niobium, etc.).
persons exempt pursaant to 10 trx rarts u.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-
-- a se41 nf =enli ca tinnc rn e -> t e H al e li cantos a ns anona-en+ c delineated in paragrah 3 above.
- 5. Actions initiated by Regional Administrators to suspend, modify, or revoke licenses must have the concurrence of the NMSS Directcr. _
- 6. All Regional Administrators are authorized to respond to all Freedon ef E.1,r ;... % . .:. ,.
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.
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- 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-bili,ty of HMSS 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