ML20140B744

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Forwards Direct Final Rule for Revoking Requirement for Environ Rept from U Mill Licensees at License Termination 10CFR51.60
ML20140B744
Person / Time
Issue date: 03/19/1997
From: Morrison D
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To: Paperiello C
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
Shared Package
ML20135F257 List:
References
FRN-62FR26730, RULE-PR-51 AF65-2-015, AF65-2-15, NUDOCS 9704010023
Download: ML20140B744 (39)
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UNITED STATES g g NUCLEAR REGULATORY COMMISSION 2 WASHINGTON, D.C. 20555 4 001

\...../ March 19, 1997 MEMORANDUM T0: Carl J. Paperiello, Director Office of Nuclear Material Safety and Safeguards Ronald M. Scroggins, Acting Chief Financial Officer Anthony J. Galante Chief Information Officer Brenda Jo. Shelton, Chief Information and Records Management Branch Office of Information Resources Management

" David L. Meyer, Chief Rules Review and Directives Branch Division of Freedom of Information and Publications Services Office of Administration

' James Lieberman, Director Office of Enforcement William J. Olmstead, Associate General Counsel for Licensing and Regulation Office of the General Counsel FROM: David L. Morrison, Director ,

Office of Nu' clear Regulatory Research , fe

SUBJECT:

DIRECT FINAL RULE - FOR REV0 KING THE REQUIREMENT FOR AN ENVIRONMENTAL REPORT FROM URANIUM MILL LICENSEES AT LICENSE TERMINATION - 10 CFR 51.60 Your concurrence is requested on the attached direct final rule.

Background:

This direct final rule responds to a request from the Office of Nuclear Material Safety and Safeguards to eliminate an unnecessary requirement for an environmental report required by 10 CFR 51.60(b)(3). The requirement is unnecessary because the licensee must submit applications for license amendments to undertake reclamation and decommissioning activities that must be completed before the license may be terminated. Each of these amendments must be accompanied by an environmental report or a supplement to an environmental report. An environmental report at the time of license termination would provide no new information nor result in any new decision on the part of the NRC. The subject rulemaking plan was submitted to the

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C.J. Paperiello et al '

Commission for information in a Commission Paper (SECY 96-254) dated December 17, 1996. On January 9,1997, the Office of the Secretary advised .

that the Commission did not object to the staff proceeding with a direct final rulemaking.

l The following provides a summary of this request; 1.

Title:

Fir.al bl:- for revoking the requirement for an environmental report  !

from uranium milling licensees at license termination - 10 CFR 51.60; Minor Amendment.

2. Task leader: Joseph J. Mate (415-6202) i j 3. Workina Group Members: Robert Fonner, OGC, and Myron Fliegel, NMSS I 2
4. Steerina Group Members: None

! 5. Enhanced Public Participation: No 4 6. Level of Compatibility for Aareement States: Not Applicable

} 7. Reouested Action: Office Concurrence, Due to EDO 4/9/97

8. Reauested Completion Date: Fifteen days from the date of this memorandum l 9. Resources and Coordination: Estimated resources to complete this l rulemaking are 0.3 FTE's. Future resources will be saved because' uranium mill licensees terminating a license will no longer have to submit an environmental report and NMSS personnel will no longer have to review the report. Copies of

, this concurrence package have been forwarded to the IG, ACRS, ACNW, and the Office of the Controllar for information.

Attachment:

Memorandum to Callan i from Morrison w/encls, cc w/ attachment DISTRIBUTION:

H. Bell, IG Central f/c PKadambi W. Beecher, OPA RDB r/f LRiani E. Jordan, DEDO EJordan, OEDO CGallagher J. Larkins, ACRS & ACNW FCostanzi DMendiola Document Name: 0:\ MATE \5160\ TRANSMIT.MEM *See previous concurrence To receive a copy of this document. indicate in the box: "C" - Copy without attachment / enclosure "E" - Copy with attachment / enclosure "N" - No co)y 0FFICE RDB:DRA:RES l *RDB:DRA:RESl *D:DRA l *D:RES

NAME JMate:ayw TMartin BMorris DLMorrison DATE 02/25/97 03/11/97 03/18/97 03/19/97 0FFICIAL RECORD COPY (RES File Code) RES-

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C.J. Paperiello et al 1 Commission for information in a Commission Paper (SECY 96-254) dated I December 17, 1996. On January 9,1997, the Office of the Secretary advised / 1 that the Commission did not object to the staff proceeding with a direct final rulemaking.

The following provides a summary of this request; 1.

Title:

Final Rule for revoking the requirement for an environ ntal report ,

from uranium milling licensees at license termination - 10 CFR 5 .60; Minor i Amendment. I

2. Task Leader: Joseph J. Mate (415-6202)
3. Workino Group Members: Robert Fonner, OGC, and Myro Fliegel, NMSS
4. Steerino Group Members: None ,
5. Enhanced Public Participation: No
6. Level of Compatibility for Aareement States: iot Applicable
7. Reauested Action: Office Concurrence, Du to ED0 4/9/97  ;
8. Reauested Completion Date: Twenty days rom the date of this memorandum
9. c Resourcis and Coordination: Estimat resources to complete this rulemaking are 0.3 FTE's. Future reso ces will be saved because uranium mill licensees terminating a. license will o longer have to submit an environmental l report and NMSS personnel will no 1 ger have to review the report. Copies of this concurrence package have been orwarded to the IG, ACRS, ACNW, and the Office of the Controller for info mation.

Attachment:

Memorandum to Callan from Morrison w/encls.

cc w/ attachment DISTRIBUTION:

H. Bell, IG Central f/c PKadambi W. Beecher, OPA RDB r/f LRiani E. Jordan, DEDO EJordan, OEDO CGallagher J. Larkins, ACR & ACNW FCostanzi DMendiola Document Nam . 0:\ MATE \5160\ TRANSMIT.NEM *See previous concurrence To receive copy of this document, indicate in the box: "C" - Copy without attachme / enclosure "E" - Copy with attachment /encloAure "N" - No copy 0FFICf/ RDB:DRA:RES l JMate:ayw RDB:DRA:RES TMartin $,M D:DRA h l fAMS ,]4 NAMV BMorHsi' '11LMdrr'ison l' /

DyIE 02/25/97 3 / O /97 9 /(6 /97 g //9/97 0FFICIAL RECORD COPY (RES File Code) RES-l 2

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p acg l r & UNITED STATES lo 'f j NUCLEAR REGULATORY COMMISSION WASH:NGTON, D.C. 20565-0001 i

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  • l MEMORANDUM T0: L. Joseph Callan Executive Director for Operations FROM: David L. Morrison, Director - - --

Office of Nuclear Regulatory Research

SUBJECT:

DIRECT FINAL RULE TO AMEND 10 CFR PART 51.60 - REV0 KING THE '

REQUIREMENT FOR AN ENVIRONMENTAL REPORT FROM URANIUM MILL LICENSEES AT LICENSE TERMINATION l

l'

Attached for your signature is a direct final rule, and accompanying proposed l rule, to amend 10 CFR Part 51.60 concerning environmental reports for material licensees. The Commission, via a memorandum from the Office of the Secretary dated January 29,.1997, advised that they did not object to the staff proceeding with a direct final rulemaking.

This rule is being amended to eliminate a requirement for an environmental report to be submitted by uranium mill licensees at license termination. The staff believes that this change is minor in nature. The requirement is unnecessary because the license must submit applications for license amendments to undertake the reclamation and decommissioning activities that must be completed before the license may be terminated. Each of these amendments must be accompanied by an environmental report or supplement to an environmental report. An environmental report at the time of license termination would provide no new information nor result in any new decision on the part of the NRC.

A " Direct Final Rule" will be used to allow the opportunity for public comment. If no significant issues are raised, the rule becomes final on the specified date. If a significant issue is raised, the rule reverts to a proposed rule and comments will be evaluated prior to issuing a final rule.

The direct final rule package will also be placed on the FedWorld Bulletin Board at the time it is published in the Federal Register to enhance the ability for public input.

Enclosures:

(with Diskette):

[ 1. Direct Final Rule 1 2. Accompanying Proposed Rule

3. Daily Staff Notes
4. Approved for Publication
5. Congressional Letters
6. SBREFA
7. Public Announcement (to be completed by OPA) l

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ENCLOSURE 1 1

Direct Final Rule 1 l

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[7590-01-P) i l NUCLEAR REGULATORY COMMISSION j 10 CFR Part 51 ,

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.T. ;ror..i. ental Report - Materials Licenses [

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AGENCY: Nuclear Regulatory Commission.

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l ACTION: F y l rule. .

SUMMARY

The Nuclear-Regulatory Commission (NRC) is amending its regulations

( to. eliminate the requirement that an environmental report be submitted by '

1 uranium mill licensees at the time of license termination. This action

.i removes an outdated and unnecessary reporting requirement.

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i EFFECTIVE DATE: The final rule is effective (60 days after publication in the ,

Federal Register), unless significant adverse comments are received by (30 days after publication in the Federal' Register). A companion Notice of Proposed Rulemaking is published with this final rule. If the effective date is delayed, timely notice will be published in the Federal Register. l ADDRESSES: Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Docketing and Service Branch. Hand deliver comments to 11555 Rockville Pike, Maryland, between 7:45 a.m. and 4:15 l

p.m. on' Federal workdays. -

For information on submitting comments' electronically, see the I discussion under Electronic Access in the Supplementary Information Section.

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l Copies of any comments received may be examined at the NRC Public

. Document Room, 2120 L Street NW. (Lower Level), Washington, DC.

FOR FURTHER INFORMATION CONTACT: Joseph J. Mate, Office of Nuclear Regulatory ,

Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ,

telephone (301) 415-6202, or e-mail JJM@NRC. GOV.

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SUPPLEMENTARY INFORMATION:

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Background I Environmental protection requirements applicable to NRC's domestic '

li_ censing and regulatory functions are addressed in 10 CFR Part 51. Part 51 also establishes procedures for compliance with the National Environmental Policy Act (NEPA). According to 10 CFR 51.60, license applicants or licensees under.10'CFR Part 40 and other parts, who seek approval for a specified list of actions must file an " Applicant's Environmental' Report" or a " Supplement to an Applicant's Report." The action specified in- 10 CFR 51.60(b)(3) is

" Termination of a license for the possession and use of source material for uranium milling."

As promulgated in 1974, 10 CFR Part 51 required that the Atomic Energy Commission (AEC) consider whether, under the circumstances of a particular facility, the AEC should prepare an environmental impact statement (EIS) or environmental appraisal-(EA) at license termination, and the rule gave the AEC l.

l authority to obtain the necessary information from the licensee. At that time, few, if any, uranium mills had been subject to a full NEPA review, and I

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.i l there were no statutory or codified rules relevant to the closure of mill i tailings sites and ground-water remediation. Hence, an environmental report by the licensee at the time of license termination was necessary to ensure proper remediation of the site prior to terminating the license. The requirement for the submission of an environmental report as part of the i

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application for license terminations was created in 1980. However, reporting l

requirements that have come into existence since the mid 1970s covering j activities that precede license termination have rendered the requirement for  !

a separate environmental report at license termination unnecessary.

Discussion The current decommissioning requirements call for a licensee to submit several environmental reports throughout the process leading up to license l l

termination. The licensee must submit applications for license amendments to undertake site reclamation and decommissioning activities that must be completed before the license may be terminated. Examples of such activities j are decommissioning the mill, reclaiming the tailings, and remediating the ground-water contamination. These applications must be accompanied by an I

environmental report or a supplement to an environmental report. After the reclamation and decommissioning activities are completed, the licensee must submit another license amendment application, again accompanied by the necessary environmental report, requesting removal of the license conditions that required the reclamation and decommissioning work. The NRC staff reviews l the application and issues a Technical Evaluation Report (TER) and an Environmental Impact Statement (EIS) or Environmental Assessment (EA).

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The NRC staff will conduct a safety and environmental review to ensure l that the proposed actions meet the_ requirements in 10 CFR Part-40 before l approval of each such application for a license amendment and license j I condition requiring the decommissioning and reclamation actions. Prior to t i

license termination,_ the licensee also must comply with site and byproduct material ownership provisions that require ownership of byproduct material and land (including any interests connected to the land essential to ensure the l

long-term stability of the disposal site) to be transferred to the Federal l Government or to the appropriate State Government. f i

The termination process in effect at the time the rule was originally  ;

promulgated has been superseded by a multi-step process of application, ,

l reporting, and staff review and approval that leads to the license q termination. The sequence of events outlined above takes a number of years  !

l and will be completed before the licensee can request termination of the license. Because each step in the sequence requires an environmental report from the licensee, the environmental report that responds to I 10 CFR 51.60(b)(3) at the time of license termination is simply a reiteration or summary of information previously submitted.by the licensee earlier in the process. Hence, it does not provide any new information beyond that already

-l submitted in previous reports, nor does its submittal have bearing on any regulatory decision being made. Elimination of the reporting requirement in i

10 CFR 51.60(b)(3) would not affect the remaining requirements in 10 CFR l l

51.60, nor would changes be necessary to 10 CFR Part 40 or to Appendix A to l

Part 40.

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Electronic Access  ;

Comments may be submitted electronically, in either ASCII text or Wordperfect format (version 5.1 or later), by calling the NRC Electronic  !

l Bulletin Board on FedWorld. The bulletin board may be accessed using a j

personal computer, a modem, and one of the commonly available communications  ;

- software packages, or directly via the Internet.

l If using a personal computer and modem, the NRC rulemaking subsystem on l

! FedWorld can be accessed directly by dialing the toll free number:

l l-800-303-9672. Communication software parameters should be set as follows:

l parity to none, data bits to 8, and stop bits to 1 (N,8,1). Using ANSI or VT-l l 100 terminal emulation, the NRC rulemaking subsystem can then be accessed by -

l selecting the " Rules Menu" option from the "NRC Main Menu." For further information about options available for NRC at FedWorld, consult the

( " Help /Information Center' from the "NRC Main Menu." Users will find the .j L "FedWorld Online User's Guides" particularly helpful. Many NRC subsystems and databases also have a " Help /Information Center" option that is tailored to the l

particular subsystem.

' The NRC subsystem on FedWorld can also be accessed by a direct dial phone number for the main FedWorld BBS, 703-321-3339, or by using Telnet via

- the Internet, fedworld. gov. If using 703-321-3339 to contact FedWorld, the NRC . subsystem will be accessed from the main FedWorld menu by selecting the

" Regulatory, Government Administration and State Systems," then selecting .

" Regulatory Information Mall ." At that point, a menu will be displayed that has an option "U.S. Nuclear Regulatory Commission" that will take you to the i NRC Online menu. The NRC Online area can also be accessed directly by typing i

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"/go nrc" at a FedWorld command line. If you access NRC from the FedWorld's l main menu, you may return to FedWorld by selecting the " Return to FedWorld "

option from the NRC Online Menu. However, if you access NRC at FedWorld by l using NRC's toll-free number, you will have full access to all NRC systems but' you will not have access to the main FedWorld system. r If you contact FedWorld using Telnet, you will see the NRC area and menus, including the-Rules menu. Although you will be able to download <

documents and leave messages, you will not be able to write comments or upload  ;

files (comments). If you contact FedWorld using FTP, all files can be >

l accessed and downloaded but uploads are not allowed; all you will see is a L

list of files without descriptions (normal Gopher look). An index file

  • listing all files within a subdirectory, with descriptions, is included.

There is a 15-minute time limit for FTP access.  ;

Although FedWorld can be accessed through the World Wide Web, like FTP that mode only provides access for downloading files and does not display the l NRC Rules Menu.

l For more information on NRC bulletin boards call Mr. Arthur Davis, i 1

l Systems Integration and Development Branch, U.S. Nuclear Regulatory j Commission, Washington, DC 20555, telephone (301) 415-5780; e-mail i c AXD30nrc. gov.

l  !

Procedural Background i

The NRC considers this action to be noncontroversial. Public comment is i-unnecessary because the amendment relieves a burden on licensees by  ;

i eliminating a requirement that has no regulatory use or implications. This ,

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I action will become effective on (60 days after publication in the Federal )

i Register). However, if the NRC receives significant adverse comments within l l

(30 days after publication in the Federal Register) on the companion Notice of ]

1 Proposed Rulemaking, the NRC will publish a document that withdraws this action. The NRC will address the comments received in response to the proposed revisions that are published concurrently in the Proposed Rules section of this Federal Register. Such comments, if any, will be addressed in a i i

subsequent final rule. Because comments are requested on the companion Notice  !

of Proposed Rulemaking, NRC will not initiate a second comment period. I I

Environmental Impact: Categorical Exclusion The Commission has determined that this final rule is the type of action described as a categorical exclusion in 10 CFR 51.22(c)(3). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule. ]

Paperwork Reduction Act Statement l

This direct final rule does not contain new or amended information collection requirements subject to the Paperwork Reduction Act of l'195 (44 U.S. C. 3501 et seq). Existing requirements were approved by the Office  ;

of Management and Budget, approval number 3150-0021.

7 Public Protection Notification  !

The NRC may not conduct or sponsor, and a person is not required to f

respond to, a collection of information unless it displays a currently valid  ;

OMB control number. l l

l Regulatory Analysis f The NRC staff prepared a regulatory analysis for this final regulation which covered two basic options: take no action and allow the requirement.for an_ environmental report at license termination to remain in the regulations, or eliminate-the requirement. The Commission has decided to eliminate the requirement through a direct final rule. This action would eliminate an unnecessary reporting requirement and the associated licensee burden to an estimated 11 licensees over the next 10 years.

I Regulatory Flexibility Certification i l

. As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b),

the Commission certifies' that this rule does not have a significant economic impact upon a substantial number of small entities. This regulation potentially affects about 30 licensees who operate uranium mills. Only about 11 licensees will be affected over the next 10 years. The large majority of these licensees do not fall under the definition of small business entities.

Additionally, this change to the regulation will result in a decrease in

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requirements by eliminating a current reporting requirement. Hence, there is no significant economic impact on any licensee, large or small. i J

Backfit Analysis The NRC had determined that the backfit rule, 10 CFR 50.109, does not i' apply to this rule, and therefore, a backfit analysis is not required because i

these amendments do not involve any provisions that would impose backfits as i

defined in 10 CFR 50.109(a)(1). l

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Small Business Regulatory Enforcement Fairness Act

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In accordance with the Small Business Regulatory Enforcement Fairness e Act of 1996, the NRC has determined that this action is not a " major rule" and l has verified this determination with the Office of Information and Regulatory j l

l Affairs, Office of Management and Budget.

1 List of Subjects in 10 CFR Part 51 l Administrative practice and procedure, Environmental impact statement, Environmental regulation assessments and reports, NEPA procedures, Nuclear  !

materials, Nuclear power plants and reactors, Reporting and record keeping requirements. I i

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l For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U. S. C. 552 and 553, the NRC is adopting the following amendment to 10 CFR Part 51.

PART 51 - ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS

The authority citation for 10 CFR Part 51 continues to read as follows:
1. AUTHORITY: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106 Stat.

2951, 2952, 2953, (U.S.C. 2201, 2297f); secs. 201, as amended, 202, 88 Stat.

1242, as amended, 1244 (42 U.S.C. 5841, 5842). Subpart A also issued under National Environmental Policy Act of 1969, secs.102,104,105, 83 Stat. 853-854, as amended (42 U.S.C. 4332, 4334, 4335); and Pub. L.95-604, Title II, 92 Stat. 3033-3041; and sec. 193, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C.

l 2243). Sections 51.20, 51.30, 51.60, 51.80. and 51.97 also issued under secs.  ;

135, 141, Pub. L.97-425, 96 Stat. 2232, 2241, and sec. 148, Pub L. 100-203, 101 Stat. 1330-223 (U.S.C. 10155, 10161, 10168). Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat. 3036-3038 (42 U.S.C.2021) and under Nuclear Waste Policy Act of 1982, sec 121, 96 Stat. 2228 (42 U.S.C.10141). Sections 51.43, 51.67, and 51.109 also under Nuclear Waste Policy Act of 1982, sec ll4(f), 96 Stat. 2216, as amended (42 U.S.C.10134(F)).

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5 51.60' [ Amended] -

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2. In l 51.60, paragraph (b)(3) is removed, paragraphs (b)(4), (5), and ,

(6)_are redesignated'as paragraphs (b)(3),-(4), and (5), and paragraph (a) is amended by' revising the reference " paragraphs (b)(1) through (b)(6)" to read

" paragraphs (b)(1) through'(b)(5)."- l t

Dated at Rockville, Maryland this day of , 1997. .l

. I For the Nuclear Regulatory Commission.

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l L. Joseph Callan,- l Executive Director for Operations.

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l 5 51.60 [ Amended] l 4 2.- In 5 51.60, paragraph (b)(3) is removed, paragraphs (b)(4), (5), and (6) are redesignated as paragraphs (b)(3), (4), and (5), and paragraph (a) is j

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amended by revising the. reference " paragraphs (b)(1) through (b)(6)" to read  :

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" paragraphs (b)(1) through (b)(5)."

Dated at Rockville, Maryland this day of , 1997.

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i For the Nuclear Regulatory Commission. l 1

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. L. Joseph Callan, ,

Executive Director for Operations. j i

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ENCLOSURE 2 l

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1 Accompanying Proposed Rule i l

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[7590-01-P]_ I NUCLEAR REGULATORY COMMISSION j i  :

i 10 CFR Part 51 i

RIN
AF65 ,

l l Environmental Report .Materh's!.icenses i

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l AGENCY: Nuclear Regulatory Commission.

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i ACTION: Proposed rule. j

SUMMARY

The Nuclear Regulatory Commission (NRC) is proposing to amend its -

regulations to eliminate the requirement that an environmental report must be ,

submitted by uranium mill licensees at the time of license termination. The  ;

intent of this action is to remove an outdated and unnecessary reporting requirement.

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DATE: Comments on the proposed rule must be received on or before (30 days j l

after publication in the Federal Register).

ADDRESSES: Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Docketing and Service Branch. Hand deliver comments to 11555 Rockville Pike, Maryland, between 7:45 a.m. and 4:15

_p.m. on Federal ~ workdays.

Copies of any comments received may be examined at the NRC Public 1 i'

Document Room, 2120 L street NW (Lower Level),- Washington, DC.

l For information on submitting comments electronically, see the j

' discussion under Electronic Access in the Supplementary Information Section.

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FOR FURTHER INFORMATION CONTACT: Joseph J. Mate, Office of Nuclear Regulatory i

Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, j telephone (301) 415-6202, or e-mail JJM@NRC. GOV.

SUPPLEMENTARY INFORMATION:

i For additional information, see the final rule published in the. Rules l section of.this Federal Register.

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Precedural Background l The NRC considers this action to be noncontroversial and routine. }

However, we are publishing this proposed rule concurrently with a final rule on the' subject which will become effective on (60 days after publication in  ;

the Federal Register). However, if the NRC receives significant adverse ,

comments on the amendment in this Notice of Proposed.Rulemaking by (30 days ,

after publication in the Federal Register), the NRC will publish a document  !

that withdraws the final rule. If the final rule is withdrawn, the NRC will address in a subsequent final rule, the comments received in response to the proposed revisions in this notice of proposed rultmaking. Absent significant

modifications to the _ proposed revisions requiring republication, the NRC will t

not initiate a second comment period for this action in the event the final rule is withdrawn.

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l Electronic Access

]

Comments may be submitted electronically, in either ASCII text or j f

Wordperfect format '(version 5.1 or later), by calling the NRC Electronic {

l. ' Bulletin Board on FedWorld. The bulletin board may be accessed using a

-personal computer, a modem, and one of the commonly available communications j software packages, or directly via the Internet. }

l If using a personal computer and modem, the NRC rulemaking subsystem on FedWorld can be accessed directly by dialing the toll free number: j

( l-800-303-9672. Communication software parameters should be set as follows:  !

i  ;

j parity to none, data bits to 8, and stop bits to 1 (N,8,1). Using ANSI or VT- l 100 terminal emulation, the NRC rulemaking subsystem can then be accessed by i selecting the " Rules Menu" option from the "NRC Main Menu." For further l

-information about options available for NRC at FedWorld, consult the i l

" Help /Information Center' from the "NRC Main Menu." Users will find the j "FedWorld Online User's Guides" particularly helpful. Many NRC subsystems and l l databases also have a " Help /Information Center" option that is tailored to the - ]

particular subsystem. {

The NRC subsystem on FedWorld can also be accessed by a direct dial )

l phone number for the main FedWorld BBS, 703-321-3339, or by using Telnet via the Internet, fedworld. gov. If using 703-321-3339 to contact FedWorld, the NRC subsystem will be accessed from the main FedWorld menu by selecting the f l " Regulatory, Government Administration and State Systems," then selecting  !

! " Regulatory Information Mall." At that point, a menu will be displayed that I

' l has an option "U.S. Nuclear Regulatory Commission" that will take you to the t

s NRC Online menu. The NRC Online area can also be accessed directly by typing l

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i ~. .

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l "/go nrc" at a FedWorld command line. If you access NRC from the FedWorld's main menu, you may return to FedWorld by selecting the " Return to Fedworld "

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option from the NRC Online Menu. However, if you access NRC at FedWorld 'b y

! l using NRC's toll-free number, you will have full access to all NRC systems but  ;

you will not have access to the main FedWorld syste . l i

If you contact FedWorld using Telnet, you will see the NRC area and l

menus, including the Rules menu. Although you will be able to download l documents and leave messages, you will not be able to write comments or upload i

files (comments). If you contact FedWorld using FTP, all files can be  !

accessed and downloaded but uploads are not allowed; all you will see is a list of files without descriptions (normal Gopher look). An index file listing all files within a subdirectory, with descriptions, is included.

There is a 15-minute time limit for FTP access.

Although FedWorld can be accessed through the World Wide Web, like FTP that mode only provides access for downloading files and does not display the N8C Rules Menu.

For more information on NRC bulletin boards call Mr. Arthur Davis, Systems Integration and Development Branch, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-5780; e-mail i

AXD3@nrc. gov.

I List of Subjects in 10 CFR Part 51  ;

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Administrative practice and procedure, Environmental impact statement, Environmental regulation assessments and reports, NEPA procedures, Nuclear 4 l

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l materials, Nuclear power plants and reactors, Reporting and recordkeeping l requirements.

For reasons set out in the preamble and under the authority of the .

l Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974,  !

as amended, and 5 U. S. C. 552 and 553, the NRC is adopting the following  !

amendments to 10 CFR Part 51.

  • l  :

I i PART 51 - ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING o

l' AND RELATED REGULATORY FUNCTIONS I l  :

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1. AUTHORITY: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106 Stat.

i 1 2951, 2952, 2953, (U.S.C.' 2201, 2297f); secs. 201, as amended, 202, 88 Stat. 1 1242, as amended, 1244 (42 U.S.C. 5841, 5842). Subpart A also issued under l

National Environmental Policy Act of 1969, secs.102,104,105, 83 Stat. 853-854, as amended (42 U.S.C. 4332, 4334, 4335); and Pub. L.95-604, Title II, 92 Stat. 3033-3041; and sec.-193, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C.

2243). Sections 51.20, 51.30, 51.60, 51.80. and 51.97 also issued under secs. i

! 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241, and sec. 148, Pub L. 100-203, i

! 101' Stat. 1330-223 (U.S.C. 10155, 10161, 10168). Section 51.22 also issued l l under sec. 274, 73 Stat. 688, as amended by 92 Stat. 3036-3038 (42 U.S.C. l l

f 2021) and under Nuclear Waste Policy Act of 1982, sec 121, 96 Stat. 2228 (42 l

U.S.C. 10141). Sections 51.43, 51.67, and 51.109 also under Nuclear Waste Policy Act of 1982, sec 114(f), 96 Stat. 2216, as amended (42 V'.S.C.

10134(F)).

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. l l 5 51.60- [ Amended]  !

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2. In 5 51.60, paragraph 1(b)(3) is removed, paragraphs (b)(4), (5), and (6) are redesignated as paragraphs (b)(3), (4), and (5), and paragraph (a) is amended by revising the reference " paragraphs (b)(1) through'(b)(6)" to read

" paragraphs (b)(1) through (b)(5)."

Dated at Rockville, Maryland this day of , 1997.

For the Nuclear Regulatory Commission.

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, L. Joseph Callan, )

l Executive Director for Operations.

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ENCLOSURE 3 ,

Daily Staff Notes l

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DAILY STAFF NOTES OFFICE OF NUCLEAR REGULATORY RESEARCH Direct final Rule Signed by EDO On , 1997, the Executive Director for Operations approved a direct final rule, and accompanying proposed rule, that amends 10 CFR Part 51,

" Environmental protection regulations for domestic licensing and related regulatory functions." This amendment will eliminate an unnecessary reporting requirement from uranium milling licensees at the time of license termination.

The Commission, via a memorandum dated January 29, 1997, from the Office of the Secretary advised that they did not object to the staff proceeding with the proposed rulemaking plan. This notice informs the Commission that, in accordance with the rulemaking authority delegated to the EDO, the ED0 has signed this direct final rule, and accompanying proposed rule, and proposes to forward it on to the Office of the Federal Register for publication, unless otherwise directed by the Commission.

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ENCLOSURE 4 l I

Approved for Publication 1

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Approved for Publication  ;

J The Commission delegated to the ED0 (10 CFR 1.31(c)) the authority to develop '

and promulga'te rules as defined in the APA (5 U.S.C. 551 (4)) subject to the limitations in NRC Management Directive 9.17, Organization and Functions, ,

Office of the Executive Director for Operations, paragraphs 0213,038, 039, and l 0310. i The attached final rule, entitled " Revoking the requirement for an  ;

environmental report from uranium mill licensees at license termination" ,

amends 10 CFR 51.60 to delete the requirement for the submission of an environmental report from uranium mill licensees at license termination.

The. final rule does not constitute a significant question of policy, nor does it amend regulations contained in 10 CFR Parts 7, 8, or 9 Subpart C concerning matters of policy. I therefore find that this proposed rule is within the scope of my rulemaking authority and am proceeding to issue it, i i

Date L. Joseph Callan Executive Director for Operations  ;

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ENCLOSURE 5 Congressional Letters  ;

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.The Honorable Dan Schaefer, Chairman i Subcommittee on Energy and Power

. Committee on Commerce United States House of Representatives - ---

Washington, DC 20515

Dear Mr.. Chairman:

The. Nuclear Regulatory Commission (NRC) has sent to_ the Office of the Federal Register for publication and comment the enclosed proposed amendment to the Commission's rules in 10 CFR Part 51.~ The amendment, . if. adopted, would remove l' the requirement for an environmental report to be s'ubmitted by uranium mill

' licensees at license termination. This requirement.is unnecessary because the licensee must submit app.lications for license ' amendments to undertake reclamation and decommissioning activities that must be completed before the license may be terminated. Each of these amendments must be accompanied 'by an environmental report or a supplement to an environmental report. The NRC believes this change is minor in nature and will eliminate an outdated and unnecessary reporting requirement on uranium mill licensees.

Sincerely, Dennis K. Rathbun, Director

Office of Congressional Affairs

Enclosure:

Federal Register Notice cc: Ralph Hall y l

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E o neou y* g.- . *4 UNITED STATES

- 2 f E NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20555-0001 I I

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I The Honorable James H. Inhofe, Chairman Subcommittee on Clean Air, Wetlands, Private i Property and Nuclear Safety "

Committee on environmental and Public Works i United States Senate l Washington, DC 20510 l 1

Dear Mr. Chairman:

The Nucl. ear Regulatory Commission (NRC) has sent to the Office of the Federal Register for publication and comment the enclosed proposed amendment to the Commission's rules in 10 CFR Part 51. The amendment, if adopted, would remove the requirement for an environmental report to be submitted by uranium mill licensees at license termination. This requirement is unnecessary because the licensee must submit applications for license amendments to undertake reclamation and decommissioning activities that must be completed before the license may be terminated. Each of these amendments must br. accompanied by an ,

environmental report or a supplement to an environmental rrport. The NRC j believes this change is minor in nature and will el;minate an outdated and i unnecessary reporting requirement on uranium mill licensees. l 1

Sincerely, i l

Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Federal Register Notice cc: Senator Bob Graham

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4 e ENCLOSURE 6 i

SMALL BUSINESS REGUl.ATORY' ENFORCEMENT FAIRNESS ACT t

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3 g NUCLEAR REGULATORY COMMISSION o .'t WASHINGTON, D.C. 20555 4001 c

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The Honorable Al Gore l' President of the United States Senate Washington, DC 20510 - --

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Dear Mr. President:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U. S. C. 801, the Nuclear Regulatory Commission (NRC) is  !

submitting final amendments to the Commission's rules in 10 CFR Part 51.60.

The NRC is amending its regulations to remove an unnecessary requirement for i an environmental report by uranium mill licensees at the time of license  !

termination.

We have determined that this rule is not a " major rule" as defined in 5 U.S.C. '

804(2). We have confirmed this determination with the Office of Management and Budget.  ;

l Enclosed is a copy of the final rule that is being transmitted to the Office ,

of the Federal- Register for publication. This final rule will become  ;

effective when it is published in the Federal Register.

Sincerely, Dennis K. Rathbun, Director Office _of Congressional Affairs .

Enclosure:

Final Rule )

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The Honorable Newt Gingrich Speaker of the United States House of Representatives Washington, DC 20515

Dear Mr. Speaker:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U. S. C. 801, the Nuclear Regulatory Commission (NRC) is submitting final amendments to the Commission's rules in 10 CFR Part 51.60. ,

The NRC is amending its regulations to remove an unnecessary requirement for .

an environmental report by uranium' mill licensees at the time of license j termination.

We have determined that this rule is not a " major rule" as defined in 5 U.S.C.

804(2). We have confirmed this determination with the Office of Management and Budget.

Enclosed is a copy of the final rule that is being transmitted to the Office f of the Federal Register for publication. This final rule will become i effective when it is published in the Federal Register. i Sincerely,

. Dennis K. Rathbun, Director .

Office of Congressional Affairs

Enclosure:

Final Rule I

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Mr. Robert P. Murphy General Counsel General Accounting Office Room 7175 --

441 G. St., NW, Washington, DC 20548

Dear Mr. Murphy:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U. S. C. 801, the Nuclear Regulatory Commission (NRC) is submitting final amendments to the Commission's rules in 10 CFR Part 51.60.

The NRC is amending its regulations to remove an unnecessary requirement for an environmental report by uranium mill licensees at the time of license termination.

We have determined that this rule is not a " major rule" as defined in 5 U.S.C.

804(2). We have confirmed this. determination with the Office of Management and Budget.

Enclosed is a copy of the final rule that is being transmitted to the Office of the Federal Register for publication. This final rule will become effective when it is published in the Federal Register.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Final Rule

T ENCLOSURE 7 i

Public Announcement (to be completed by OPA) l I

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To Be Provided By the Office of Public Affairs i

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