ML20141A777

Requests Implementation of Action by EDO by Arranging for Publication of Final Rule to Amend 19CFR51.60, Revoking Requirement for Environ Rept from U Mill Licensees,At License Termination, in Fr

ML20141A777
Person / Time
Issue date:	05/06/1997
From:	Bahadur S NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To:	Meyer D NRC OFFICE OF ADMINISTRATION (ADM)
Shared Package
ML20135F257	List: ML20135F255 ML20140B744 ML20140C473 ML20141A777 ML20141G780 ML20141G817 ML20141G823 ML20141G828 ML20141G831 ML20141G836 ML20141G842 ML20141G849 ML20141G856 ML20141M652 ML20141M654 ML20141M656 ML20141M658 ML20141M662 ML20141M665
References
FRN-62FR26730, RULE-PR-51 AF65-2-024, AF65-2-24, NUDOCS 9705140451
Download: ML20141A777 (44)

Text

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• Pby 6,1997 MEMORANDUM T0: David L. Meyer, Chief b f d. 4 -

Rules Review & Directives Branch Division of Freedom of Information DR and Publications Services Office of Administration FROM:

SherBahadur,ActingChief]$I -

Regulation Development Branch Division of Regulatory Applications Office of Nuclear Regulatory Research

SUBJECT:

IMPLEMENTATION OF ACTION BY THE EXECUTIVE DIRECTOR FOR OPERATIONS: DIRECT FINAL RULE i On April 21, 1997, the Executive Director for Operations approved for publication the Direct Final Rule to Amend 10 CFR 51.60, " Revoking the Requirement for an Environmental Report From Uranium Mill Licensees, at License Termination."

Please implement the ED0's actions by arranging for publication of the attached direct final rule in the Federal Reaister.

Also attached is a conomsional letter package for transmittal to OCA, and the approval for pubi t cation.

Attachments:

1. Direct Fi n! Rule + 11 Copies & diskette

2. Proposed Rule + 11 Copies & diskette

3. Congressional Letter Package

4. Approval for Publication j

CONTACT:

Joseph Mate, DRA/RES (301) 415-6202 DISTRIBUTION:

Central f/c i RDB r/f  !

EJordan DMorrison JMurphy w/atts.

FCostanzi PKadambi 4 LRiani ,

CGallagher i DMendiola Doc. Name: g:\rdb\ mate \meyer.dm To receive a copy of this document. indicate in the box: "C" = Copy without attac "E" = Copy with attachment / enclosure "N" = No copy 0FFICE R$ wax l RDB:DRA N//t RDB:DRA ,, m NAME m JMhtf+ n PKadambi SBahadur W '

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ATTACHMENT 1  ;

DIRECT FINAL RULE r

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- NUCLEAR REGULATORY COMMISSION 1

10 CFR Part 51 i RIN: AF65 Environmental Report--Materials Licenses

-AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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SUMMARY

• 1he Nuclear Regulatory Commission (NRC) is amending its regulations to eliminate the requirement that an environmental report be submitted by uranium mill licensees at the time of license termination. This action i

removes an outdated and unnecessary reporting requirement.

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 canpanion Notice of Proposed Rulemaking is published with this final rule. If the effective date is delayed, timely notice wnll be published in the Federal Register.

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! ADDRESSES: Mail comments to: Secretary. U.S. Nuclear Regulatory Commission, i.

! Washington, DC 20555-0001, Attention: Docketing and Service Branch. Hand ,

l deliver comments to 11555 Rockville Pike. Maryland, between 7:45 a.m. and 4:15 p.m. on Federal workdays.

l' Copies of any cannents received may be examined at the NRC Public i l

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

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, l For information on submitting comments electronically, see the  ;

discussion under Electronic Access in the Supplementary Information Section.

FOR FURTHER INFORMATION CONTACT: Joseph J. Mate,' Office of Nuclear Regulatory 4

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

i SUPPLEMENTARY INFORMATION: l l

Background '

Environmental protection requirements applicable to NRC's domestic licensing and regulatory functions are addressed in 10 CFR Part 51. Part 51 also establishes procedures for compliance with the National Environmental

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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) conside; 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 gave the AEC 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.

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Also, there were no statutory or codified rules relevant to the closure of mill tailings sites and grourid-water remediation. .Hence, an environmental report by the licensee at the time of license termination was necessary to ensure proper remediation of the site before terminating the license. The requirement for the submission of an environmental report as part of the application for license terminations was created in 1980. However, reporting requirements that have come into existence since the mid 1970s covering activities that precede license termination have rendered the requirement for a separate environmental report at license termination unnecessary.

Discussion i

I The current decommissioning requirements, for example,10 CFR Part 40, Appendix A, criterion 9, call for a licensee to submit several environmental reports throughout the process leading up to license termination. The licensee must submit applications for license amendments to undertake site reclamation and deconmissioning activities that must be completed before the .

license may be terminated. Examples of such activities are deconmissioning  !

l the mill, reclaiming the tailings, and remediating the ground-water contamination. These applications must be accompanied by an 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 ,

l environmental report, requesting removal of the license conditions that required the reclamation and decommissioning work. The NRC staff reviews the 3-

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application and issues a Technical Evaluation Report (TER) and an Environmental Impact-Statement (EIS) or Environmental Assessment (EA).

-The NRC staff will conduct a safety and environmental review to ensure that the proposed actions meet the requirements in 10 CFR Part 40 before approval of each such application for a license amendment and license condition requiring the decommissioning and reclamation actions. Before 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 long-term stability of the disposal site) to be transferred to the Federal Government or to the appropriate State Government.

The termination process in effect at the time the rule was originally promulgated has been superseded by a multi-step process of application, reporting, and NRC staff review and approval that leads to the license termination. The sequence of events outlined above takes a number of years 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 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 submitted in previous reports, nor does its submittal have bearing on any regulatory decision being made. Elimination of the reportirg requirement in 10 CFR 51.60(b)(3) would not affect the remaining requirements in 10 CFR 51.60 nor would changes be necessary to 10 CFR Part 40 or to Appendix A to Part 40. 1

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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 Bulletin Board on FedWorld, or directly via the Internet. The bulletin board may be accessed using a personal computer, a modem, and one of the coanonly available communications software packages.

I Using a personal computer and modem, the NRC rulemaking subsystem on FedWorld can be accessed directly by dialing the toll free number:

1-800-303-9672. Communication software parameters should be set as follows:

parity to none, data bits to 8, and stop bits to 1 (N,8,1). Using ANSI or VT-100 terminal emulation, the NRC rulemaking subsystem can then be accessed by 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 kdll find the "FedWorld Online User's Guides" particularly helpful. Many NRC subsystems and 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 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 kdll be accessed from the main FedWorld menu by selecting the

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

" 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

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

l "/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 " i 1

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 I

you will not have access to the main FedWorld system.

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 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 I

A rulemaking site also can'be accessed through the NRC's home page on the World Wide Web (http://www.nrc. gov). This site provides the same access to rulemakings as thb FedWorld bulletin board, and you will be able to upload files (comments) if that function is supported by your web browser.

For more information on NRC bulletin boards at FedWorld call  !

i Mr. Arthur Davis, Systems Integration and Development Branch, U.S. Nuclear  !

l Regulatory Commission, Washington, DC 20555, telephone (301) 415-5780; e-mail AXD3@nrc. gov. Information on the Rulemaking Web site can be obtained from i Ms. Carol Gallagher, Division of Regulatory Applications U.S. Nuclear i Regulatory Commission, Washington, DC 20555, telephone (301) 415-5905; e-mail CAG@nrc. gov.

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l Procedural Background The NRC. considers this action to be noncontroversial. Public comment is unnecessary because the amendment relieves a burden on licensees by eliminating a requirement that has no regulatory use or implications. This action will become effective on (60 days after publication in the Federal Register). However, if the NRC receives significant adverse comments within l

(30 days after publication in the Federal Register) on the companion. notice of proposed rulemaking, the NRC will publish a document that withdraws this action. The NRC will address the coments received in response to the i proposed revisions that are published concurrently in the Proposed Rules

! section of this Federal Register. Such comments, if any, will be addressed in l - a subsequent final rule. Because comments are requested on the companion notice of proposed rulemaking NRC will not initiate a second comment period.

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Environmental Impact: Categorical Exclusion I

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. l l neither an environmental impact statement nor an environmental assessment has i been prepared for this . final rule.  ;

Paperwork Reduction Act Statement This direct final rule does not contain a new or significantly amended information collection requirement subject to the Paperwork Reduction Act of 1

1995 (44 U.S. C. 3501 et seq). Existing requirements were approved by the Office of Management and Budget approval number 3150-0027.

l Public Protection Notification l ,,

l The NRC may not conduct or sponsor, and a person is not required to respond to. a collection of information unless it displays a currently valid OMB control number.

l Regulatory Analysis The NRC staff prepared a regulatory analysis for this final regulation i 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 Comission has decided to eliminate the requirement through a direct final rule. This action would eliminate an 1

unnecessary reporting requirement and the associated licensee burden to an estimated 11 licensees over the next 10 years.

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

the Comission 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 i

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11 licensees will be affected over the next 10 years. The large majority of i a

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L  : these licensees do not fall under the definition of small business entities. '

' Additionally, this change to the regulation will result in a decrease in requirements by eliminating a current reporting requirement. Hence, there is I

no significant economic impact on any licensee, large or small.

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[. Backfit Analysis j l

l- The NRC had determined that the backfit rule.10 CFR 50.109, does not  !

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. apply to this rule, and therefore, a backfit analysis is not required berause I l

l these amendments do not involve any provisions that would impose backfits as i defined in 10 CFR 50.109(a)(1). .

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Small Business Regulatory Enforcement Fairness- Act In accordance with the Small Business' Regulatory Enforcement Fairness 1

l Act of 1996, the NRC has determined that this action is not a " major rule" and- ,

i has verified this determination with the Office of Information and Regulatory Affairs. Office of Management and Budget.  !

List of Subjects in 10 CFR Part 51 i

Administrative practice and procedure. Environmental impact statement.

Environmental regulations assessment and reports. NEPA procedures. Nuclear

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

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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 l amendment to 10 CFR Part 51.

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PART 51 - ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING j J

i AND RELATED REGULATORY FUNCTIONS 4

I 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.

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1242, as amended, 1244 (42 U.S.C. 5841, 5842). Subpart A also issued under 1

National Environmental Policy Act of 1969, secs.102,104,105, 83 Stat. 853- l 1

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.  !

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) I 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 issued under Nuclear  ;

Waste Policy Act of 1982, sec 114(f), 96 Stat. 2216, as amended (42 i

1 U.S.C.10134(f)).

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i S 51.60 [ Amended) i l

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2. In S 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)."

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Dated at Rockville, Maryland this 2/ day of d/ , 1997.

O For the Nuclear Regulatory Commission.

L L . 'Josept,fallan, i ExecutivvDirector for Operations. ,

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ATTACHMENT 2 l ACCOMPANYING PROPOSED RULE l

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[7590-01-P]

l. NUCLEAR REGULATORY COMMISSION 10 CFR Part 51 1

I RIN: AF65

( Environmental Report--Materials ucehses l

l AGENCY: Nuclear Regulatory Commission.

l l ACTION: Proposed rule.

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SUMMARY

The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to eliminate the requirement that an environmental report must be-l submitted by uranium mill licensees at the time of license. termination. The j intent of this action is to remove an outdated and unnecessary reporting requirement.

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

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

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

FOR FURTHER INFORMATION CONTACT: Joseph J. Mate, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, i telephone (301) 415-6202, or e-mail JJM@NRC. GOV.

4 SUPPLEMENTARY INFORMATION:

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

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Procedural Background The NRC considers this action to be noncontroversial and routine. 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 j Federal Register). However, if the NRC receives significant adverse comments j on the proposed amendment in this notice 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 the comments received in response to the proposed revisions in this notice in a subsequent final rule. Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period for l this action if the final rule is withdrawn. .

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Electronic Access j 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, or di.ectly via the Internet. The bulletin board  ;

may be accessed using a personal computer, a modem, and one of the commonly i

l available communications software packages.

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

1-800-303-9672. Communication software parameters should be set as follows:

parity to none, data bits to 8, and stop bits to 1 (N,8,1). Using ANSI or VT- I l

100 terminal emulation, the NRC rulemaking subsystem can then be accessed by selecting the " Rules Menu" option from the "NRC Main Menu." For further i 1

information about options available for NRC at FedWorld, consult the )

" Help /Information Center' from the "NRC Main Menu." Users will find the "FedWorld Online User's Guides" particularly helpful. Many NRC subsystems and 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 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 l " Regulatory Information Hall ." At that point, a menu will be displayed that has an option "U.S. Nuclear Regulatory Commission" that will take you to the NRC Online menu. The NRC Online area can also be accessed directly by typing s -

l

! 1 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 "

l option from the NRC Online Menu. However, if you access NRC at FedWorld by using NRC's toll-free number, you will have full access to all NRC systems but 1

you will not have access to the main FedWorld system. l

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

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

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 1

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

l listing all files within a subdirectory, with descriptions, is included. j There is a 15-minute time limit for FTP access. j A rulemaking site also can be accessed through the NRC's home page on the World Wide Web (http://www.nrc. gov). This site provides the same access to rulemakings as the FedWorld bulletin board, and you will be able to upload files (comments) if that function is supported by your web browser.

For more information on NRC bulletin boards at FedWorld call Mr. Arthur Davis, Systems Integration and Development Branch, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-5780; e-mail AXD30nrc. gov. Information on the Rulemaking Web site can be obtained from Ms. Carol Gallagher, Division of Regulatory Applications, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-5905; e-mail CAG0nrc. gov.

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List of Subjects in 10 CFR Part 51 l l

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i Administrative practice and procedure, Environmental impact statement.

Environmental regulations assessment and reports, NEPA procedures, Nuclear

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

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

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 proposing to adopt the following amendments to 10 CFR Part 51.

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l PART 51 - ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC I CENSING AND RELATED REGULATORY FUNCTIONS t

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 l

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.

l- 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 i

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 l

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

t 10134(f)).

6 51.60 [ Amended), , _

i l 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 L amended by revising the reference " paragraphs (b)(1) through (b)(6)" to read

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

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

i l For the Nuclear Regulatory Commission.

l lan, l L. J6sephD @irector for Operations.

Executive l

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CONGRESSIONAL LETTER PACKAGE ,

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UNITED STATES L 0' S 4 - NUCLEAR REGULATORY COMMISSION i i

5 f WASHINGTON. D.C. 30006-0001

! *o-j  %.... j l -i The Honorable Dan Schaefer, Chairman  !

-Subcommittee on Energy and Power )

i Committee on Commerce ~ ~-

United States House of Representatives _ )

Washington,' DC 20515.  ;

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Dear Mr. Chairman:

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The Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal i

Register for publication and comment the enclosed direct final rule and 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-and

! to remove those amendments upon completion of the activities. 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 j mill-licensees.  ;

1 l Sincerely,  !

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. - t Dennis K. Rathbun, Director I Office of Congressional Affairs i

Enclosure:

Federal Register Notices cc: Representative Ralph Hall :1 I  ;

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l The Honorable Dan Schaefer, Chairman

Subcommittee on, Energy and Power Committee on Commerce United States House of Representatives Washington, DC 20G15 i

Dear Mr. Chairman:

! i The Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal

! Register for publication an'd comment the enclosed direct final rule and 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 l requirement is unnecessary because the licensee must submit applications for license amendments.to undertake reclamation and decommissioning activities and to remove those amendments upon completion of the activities. 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 l will eliminate an outdated and unnecessary reporting requirement on uranium '

mill licensees.

l Sincerely, 1 Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Federal Register Notice l

l cc: Representative Ralph Hall

DISTRIBUTION:

l Central f/c RDB r/f EJordan, OEDO FCostanzi PKadambi LRiani CGallagher DMendiola DOCUMENT NAME: 0:\ MATE \5160\ CONGRESS.LTR *See previous concurrence Ta receive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure 'E' = Copy with attachrnent/ enclosure *N* = No copy

'RDB/DRA 'D:DRA l 'D;RES l OCA l OFFK:E

• RDB/DRA l l NAME JMete:ayw TMarten BMMonte DLMorrison DKRathbun i

DATE O2/25/97 03/11/97 03/18/97 03/18/97 / /97

' (RES File Codel RES: _

l '

I l

The Honorable Dan Schaefer, Chairman l Subcomittee on Energy and Power

! Committee on Comerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The Nuclear Regulatory Comission (NRC) has sent.to the Office of the Federal

! Register for publication and comment the enclosed proposed. amendment to the Comission'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 decomissioning 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 l Office of Congressional Affairs

Enclosure:

Federal Register Notice l cc: Representative Ralph Hall DISTRIBUTION:

Central f/c RDB r/f EJordan, OEDO FCostanzi PKadambi LRiani CGallagher DMendiola

-DOCUMENT NAME: 0:\ MATE \5160\ CONGRESS.LTR *See previous concurrence Ta seceive a copy of this docuenent. Indicate in the box: "C" = Copy wtthout ettechment/ enclosure *E' M Copy with attachment / enclosure *N* = No copy OPPICE *RDS/DRA l / *RDS/DRA l D:DRA$ j D:RES g OCA l NAME JMate:eyw TMartin BMM{@ h DLMo @ n DetRethbun DATE O2/26/97 03/11/97 '3 /[T/97 3/jGD7 / 19 7 mEs rii. Code > REs: E

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, NUCLEAR REGULATORY COMMISSION 3 & WASHINGTON, D.C. 20666 4 001 g

s,...../

I The Honorable James M. Inhofe, Chairman Subcomittee on Clean Air, Wetlands, Private Property and Nuclear Safety - ~~

Committee on Environmental and Public Works United States Senate i Washington, DC 20510

Dear Mr. Chairman:

The Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal Register for publication and comment the enclosed direct final rule and 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 and to remove those amendments upon completion of the activities. 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 Notices cc

Senator Bob Graham l

l r

l l

The Honorable James M. Inhofe, Chairman I Subcomittee on Clean Air, Wetlands, Private  !

Property and Nuclear Safety Committee on Environmental and Public ' Works United States Senate Washington, DC 20510

Dear Mr. Chairman:

The Nuclear Regulatory Comission (NRC) has sent to the Office of the Federal i Register for publication' and coment the enclosed direct final rule and  !

proposed amendment to the Comission's rules in 10 CFR Part 51. The l 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 decomissioning activities and  ;

to remove those amendments upon completion of the activities. 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 i will eliminate an outdated and unnecessary reporting requirement on uranium mill licensees.

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

Enclosure:

Federal Register Notices cc: Senator-Bob Graham.

DISTRIBUTION:

Central f/c -

RDB r/f EJordan, OEDO FCostanzi PKadambi LRiani CGallagher

- DMendiol a DOCUMENT NAME: 0:\ MATE \5160\ CONGRESS.LTR *See previous concurrence T2 receive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure "E' = Ccpy with attachment / enclosure *N* = No copy

• D:DRA 'D;RES OCA OFFICE

• RDB/DRA {

• RDB/DRA l l l l NAME JMate:eyw TMartin BMMorrte DLMorrison DKRathbun DATE O2/25/97 03/11/97 03/18/97 03/18/97 / 19 7 (RES File Codel RES: _

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\-  !

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~

The Honorable James M. Inhofe, Chairman j JSubcomittee on Clean Air, Wetlands, Private  !

Property and Nuclear Safety i

~Comittee on environmental and Public Works  !

United States Senate ~  !

Washington, DC 20510 l

Dear Mr. Chairman:

/

/  ;

l The Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal  !

l. Register for publication and comment the enclosed proposed-amendment to the i

Commission's rules--in 10 CFR Part El. The amendment, if adopted, would remove  !

L the requirement for an environmental report to be submitted'by uranium mill. l licensees at license termination. This requirement is unnecessary because the  :

licensee must submit applications for license amendmentito undertake reclamation and decommissioning activities that must be completed before the license may be terminated. Eachoftheseamendments/mustbeaccompaniedbyan  ;

environmental report or a supplement to an environm6ntal report. The NRC  :

. believes this change is minor in nature and will eliminate an outdated and unnecessary reporting requirement on uranium mi11 licensees.

Sincerely, i

l Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Federal Register Notice

cc

. Senator Bob Graham DISTRIBUTION:-

Central f/c RD8 r/f

-EJordan, OEDO FCostanzi PKadambi

'LRiani l-

.CGa11agher DNendiola

!. DOCUMENT NAME: 0:\ MATE \5160\ CONGRESS.LTR *See previous concurrence

! Ta receive e copy of this deownent. Indicate in the box: "C' - Copy without attachment / enclosure *E' - Copy with attachment /encloeure *N' = No copy OPPICE . *RD8/DRA l RD8/DRA D;DRA Mj D:RES l OCA l NAME- - JMete:eyw TMertin Th BMW S' '

DLMontoon OKRethbun DATE 02/26/97 g / gre? ~} /d/97 / 19 7 / 19 7 vrrrut. REwuru, ws n i

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lo g NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20065 4001 i l

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i The Honorable Al Gore President of the United States Senate

~

Washington bC 20510 ,

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 51.60. The i NRC is amending its regulations to remove an unnecessary requirement for an environmental- report by uranium mill licensees at the time of license 1 termination.

1 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 i of the Federal Register for publication. This final rule will become effective when it is published in the Federal Reaister.  ;

l Sincerely.

Dennis K. Rathbun. Director

! Office of Congressional Affairs

Enclosure:

Final Rule t

d i

l l

0 i

The Honorable Al Gore i President of the United States Senate '

Washington, DC 20510

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) 15 submitting final amendments to the Commission's rules in 10 CFR 51.60. The ARC 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 Reaister. ,

Sincerely. (

Dennis K. Rathbun Director j Office of Congressional Affairs i i

Enclosure:

Final Rule l DOCUMENT NAME: A:\SBREAL.2 l 5

l Distributio_D:

RDB r/f

Central File Te receive e copy of this document, indicate in the boa

*C' = Copy without attachment /enclosurs *E' = Copy with attechment/ enclosure

'N' = No copy [

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OFFICE RDB:DgqS, RDB:DRA:RES l IRDK(ES, l @ %l OCA l l$thioms @orriso'n DKRathbun j NAME JMate n#$ SBahadur DATE i/9/97 M / /97 L//*/ /97 g[p/97 / /97 OFFICIALRECORD COPY ,

(RES File Code) RES: ,__,

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! 1

ss* U:o g $4 UNITED STATES g j NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20566 4 001

\...../

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 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 Reaister.

Sincerely.

Dennis K. Rathbun. Director Office of Congressional Affairs

Enclosure:

Final Rule l

i

. )

I 1

W 4

The Honorable Newt Gingrich Speaker of the United States House of Represeni.oi.ives Washington. DC 20515

Dear Mr. Speaker:

Pursuant.to Subtitle E of the Small Business Regulatory Enforcement Fairness l

Art of 1996. 5 U. S. C. 801, the Nuclear Regulatory Comission (NRC) is

c "ubmitting

., final amendments to the Commission's rules in 10 CFR 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 i 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 Reaister. .

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

Enclosure:

Final Rule DOCUMENT NAME: A:\SBREAL.3 l

' Distribution:

RDB r/f Central File Ta receive a copy of this document, Indicate in the boa: "C" = Copy without attachment / enclosure *E' = Copy with attachment / enclosure *N* = No copy a l.

OFFICE RDB:DRgQg RDB:DRA:RES l gblf p l D@7L l OCQ l NAME JMate TW3 SBahadur W oms Diff6msod DKRaffibun DATE ifC}/97 VN / /97  %/$/97 L@/97 //#97 OFFICIALRECORD COPY (RES File Code) RES: ,,,_

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• UNITED STATES l g , NUCLEAR REGULATORY COMMISSION i o WASHINGTON. D.C. 20655 4001

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I 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 l Act.of 1996. 5 U. S. C. 801, the Nuclear Regulatory Commission (NRC) is i submitting final amendments to the Commission's rules in 10 CFR 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, i 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.  !

I 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 Reaister.

Sincerely.

Dennis K. Rathbun. Director l Office of Congressional Affairs

Enclosure:

Final Rule s

je.

e i I

I

Mr. Robert P. Murphy .

General Counsel - --

l

. General Accounting Office j Room 7175 j

- 441 G. St.. NW, i

. Washington, DC 20548

Dear'Mr. Murphy:

f Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness l

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 51.60. The 4

NRC is amending its regulations to remove an unnecessary requirement for an 1 environmental. report by uranium mill licensees at the time of license l termination.

i

- 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 l and Budget. 4 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 Reaister.  ;

Sincerely.

Dennis K. Rathbun. Director  ;

Office of Congressional Affairs i

Enclosure:

Final Rule i DOCUMENT NAME: A:\SBREAL.1 ,

Distribution:  ;

RDB r/f Central File To receive a copy of thne document. inecate in the bos: 'C' = Copy withoat attachment / enclosure "E" = Copy with attachment / enclosure .

"N* = No copy i n, o OFFICE - RDB:D$g, , l RDB:DRA:RES l D(D Q l JI:W, 4l OCA l DKRathbun NAME JMate @ SBahadur llMMptns $JMorrho!

DATE t{/9/97 ~ / /97 t f$/97 g' / 197 UFMCIA:JLECORD COPY (RES File Code) RES: __,

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AT AC-M ENT L APPROVAL FOR PUBLICAT::0N 4

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L - - ,,, - - r ,

l Approved for Publication The Commission delegated to the ED0 (10 CFR 1.31(c)) the authority to develcp and promulgate rules as defined in the APA (5 U.S.C. 551 (4)) subject to the 1 limitations in NRC Management Directive 9.17, Organization and Functions, -

Office of the Executive Director for Operations, paragraphs 0213,038, 039, and 0310.

The attached final rule, entitled " Environmental Report--Materials Licenses" '

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.

V- zi- T 7 Date NoY -

L. Joteph ' :JDan Executive Wirector for Operations t

I -

• j .

l%F b c A  :

e' -

1 FORM FOR REG AGENDA SHEET  !

i 7, 6N V I M N M $ NT bb b 6 ID 0. ' h '4U C E NS Eg RIN: 3150-AF65 i .

l Abstract. The direct final rule amends the Commission's regulations bv i eliminating the requirement that an environmental report be submitted by uranium .

mill licensees at the time of license termination. This action reomoves an -

1 i

u outdated and unnecessary reporting. requirement from the regulations. j 3

i Timetable: The Direct Final Rule should be published in the Federal Register around the 15th or 16th of May 1997.

Legal Authority

U.S.C. 2201: 42 U.S.C. 5841, 5842: U.S.C. 4332.4334.

L 4335. -

)

Effects on Small Business and Other Entities. None- r 1

l ' Agency

Contact:

Joseph J. Mate. Office of Nuclear Regulatory Research. l*

(301) 415-6202 l

l l

(

i i

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}~ .

I I

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j. .

14. Minor Corrections. Clarifying Changes and a Minor Policy Change (Parts 20,

32. 35, 36, 39)

RIN: 3150-AF46 Abstract: The proposed rule would amend the Commission's regulations to incorporate minor corrections and clarifying changes to 10 CFR Part 20 and also make conforming changes to 10 CFR Parts 32. 35, 36. and 39. In addition, a minor policy change is proposed that would revise the monitoring criterion for minors and for declared pregnant women. --

Timetable: Proposed Rule. Published 10/07/96 61 FR 52388 Final Rule Published 09/00/97 Legal Authority: 42 USC 2201: 42 USC 2231: 42 USC 2241: 42JJSC 2282 Effects on Small Business and Other Entities: None Agency

Contact:

Jayne M. McCausland. Office of Nuclear Regulatory Research (301) 415-6219

" REINVENTING GOVERNMENT"--N0

" INFORMATIONAL / ADMINISTRATIVE /0THER"

(

i TITLE:

RIN:

CFR CITATION:

ABSTRACT:

TIMETABLE:

M.

LEGAL AUTHORITY:

EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:

AGENCY CONTACT:

i i

i I

l I

i l

l May 7, 1997 REG-AGEN. PAT K.1

. . . . . - - . - - - . - . . . . _ . . - - . . . - . . . - . . - . . . - . - - - . . . . - . - . . . . . . . . - . - . . . . = . -

! A f bf- R PB R .

Wednesday May 14,1997

. . 5 g .

9 i

Part VI.

l .

j Nu^ clear Regulatory i

l Commission -

l 10 CFR Part 51 I

Environmental Report-Materials

Licenses; Rule

{ Environmental Report-Materials l Licenses;-Proposed Rule i

j ..

4 j

1 j

e.-. '

E 5 i _ _

. 26730 Federd Regist:r / Vol. 62, No< 93 / Wednesday, May 14, 1997 / Rules and Regulations

" Supplement to,an Applicant's Report." The NRC staff wili conduct a safety NUCLEAR REGULATORY and environmental review to ensure that The action specified in to CFR l

COMMSSION 51.60(b)(3)is" Termination of a license - the proposed actions meet the for the possession and use of source; requirements in to CFR part 40 before to CFR Part 51 material for uranium milling. approval of each such application for a RIN AF65 As promulgated in 1974,10 CFR part license amendment and license 51 required that the Atomic Energy condition requ, iring the ,

Environmental Report-Matedals Commission (AEC) consider whether, decommissioning and reclamation Ucenses under the circumstances of a particula ,- actions. Before license termination, the facility, the AEC should prepare an > licensee also must comply with site and ,

AGENCY: Nuclear Regulatory  !

environmentalimpact statement (EIS) or s byproduct material ownership Commission. environmental appraisal 1EA) at license *; provisions that require ownership of.

l ACTION: Direct final rule. termination, and gave the AEC~ authority. byproduct material and land (including l

!- - 7.luMARY:The Nuclear Regulatory to obtain the necessary information from , any interests connected to the land Commission (NRC)is amending its the licen~ee. At that time, feiv,if any. ' essentialto ensure the long-term )

regulations to eliminate the requirement uranium mills had been subject to;a fulli stability of the disposal site) to be that an environmentalreport be NEPA review. Also, there were noC transferred to the Federal Government submitted by uranium milllicensees at statutory or codified rules relevant to^ . or to the appropriate State Government.

l the closure of mill tailings sites and ? ? The termmation process in effect at the time of license termination. This ground-water remediationfifence,an; .1 the time the rule was originally action removes an outdated and promulgated has been su erseded by a l unnecessary reporting requirement. enviromnental report by the licens'ee at j the time oflicense termination was  ; multi-step process of ap ication, EFFECTWE DATE:The final rule is necessary to ensure proper remediat,lon' reporting, and NRC st review and effective July 14,1997, unless of the site before terminating the % ?? approvalthat leads to the license significant adverse comments are license,The requirementfor)he pQ, -termination.The sequence of events . l received by June 13,1997. A companion submission of an environmental report? outlined above takes a number of years Notice of Proposed Rulemakingis and willbe completed before the as part of the application forlicense published with this final rule. If the terminations was created in 980..N fg licensee can request termination of the effectivo date is delayed, timely notice ^

However, reporting requirements thatf license. Because each step in the will be published in the Federal have come into existence since'the mid: sequence requires an environmental Register. 1970s covering activities that precede report from the licensee, the .

ADDRESSES: Mall comments to: license termination have rendored the,- environmental report that responds to Secretary, U.S. Nuclear Regulatory requirement for a' separate M evJe 10 CFR 51.60(b)(3) at the time of license Commission, Washington, DC 20555- environmental report.at license termination is simply a reiteration or 0001, Attention: Docketing and Service terminadon unnecessary. samary ofinfonnation previously submitted by the licensee earlier in the Branch. Hand deliver comments to '

! 11555.Rockville Pike. Maryland, Discussion 6.w .- Process. Hence,it does not provide any between.7:45 a.m. and 4:15 p.m. onT e -

-cu"mnt Unmssionin'g~

N new information beyond that already Federal *workda s'" "~ u v5 * .

submitted in previous reports, nor does Copies of any comments received may ;. requirements', for example, to CFRpart, 40, appendix be examined at the NRC Public ' licensee to submit several regulatory decision being made.

Document Room 2120 L Street NW. envimnmental reports thmughout the Elimination of the reporting (Lower Level), Washington, DC. Processleading u tolicense .m . requirement in 10 CFR 51.60(b)(3)

For information on submitting termination. The icensee must, submit,~ would not affect the remaining comments electronically, see the li 8PP cations for license amendments to.. requirements in 10 CFR 51.60, nor discussion under Electronic AccesNn undertake site reclamation and -

would changes be necessary to 10 CFR the SuPPl ementary Information Section. decommissioning activ'. ties that snust be' part 40 or to appendix A to part 40.

FOR FURTHER INFORMATION CONTACT: completed before the license may be - Electronic Access Joseph J. Mate, Office of Nuclear . . . terminated. Examples of such a~ctivities' ^

are decommissioning the mill, Comments may be submitted Regulatory Research, U.S. Nuclear ~

Regulatory Commission, Washington- reclaiming the tailings, and remediating' electronically, in either ASCII text or DC 20555-0001, telephone (301) 415- the ground-water contamination. These . Wordperfect format (version 5.1 or '

6202, or e-mail JJM@NRC.COV, applications must be accompanied by ~ 1ater), by calling the NRC Electronic an environmental report or as_.i, , Bulletin Board on FedWorld, or directly SUPPLEMENTARY INFORMATION: supplement to an environuental_ report.t 'via the Internet. The bulletin board may I

Backgmund After the reclamation and .

^ ~

' be accessed using a personal computer, decommissioning activities are a modem, and one of the commonly Environmental protection completed, the licensee must submit available communications software requirements applicable to NRC's another license amendment application, packages.

domestic licensin8 and regulatory Using a personal computer and functions are addressed in 10 CFR part again accompanied by the necessary .

environmental report, requesting modem, the NRC rulemaking subsystem

51. Part 51 also establishes procedures on FedWorld can be accessed directly for compliance with the National removal of the license conditions that required the reclamation and by dialing the toll free number: 1-800-i Environmental Policy Act (NEPA). ,

303-9672. Communication software According to 10 CFR 51.60, license decommissioning work.The NRC staff reviews the application and issues a ' parameters should be set as follows:

applicants or licensees under 10 CFR parity to none, data bits to 8, and stop Technical Evaluation Report (TER) and part 40 and other parts, who seek bits to 1 (N.8,1). Using ANSI or VT-100 an EnvironmentalImpact Statement approval for a specified list of actions terminal emulation, the NRC must file an " Applicant's (EIS) or Environmental Assessment rulemaking subsystem can then be Environmental Report" or a (EA).

Fed:rd Registir / Vol. 62, No. 93 / Wednesday, May 14, 1997 / Rules and Regulations 26731 accessed by selecting the " Rules Menu" Rulemaking Web site can be obtained I option from the "NRC Main Menu." For from Ms. Carol Gallagher, Division of rule. This action would eliminate an s I further information about options unnecessary reporting requirement and j Regulatory Applications,U.S. Nuclear the associated licensee burden to an available for NRC at FedWorld, consult Regulatory Commission Washington, l

the "lielp/information Center" from the DC 20555, telephone (301) 415-5905; e- estimated 11 licensees over the next to l years.

"NRC Main Menu." Users will fir [d themail CAC@nre. gov, i

"FedWorld Online User's Guides Regulatory Flexibility Certification particularly helpful. Many NRC Procedural Background subsystems and databases also have a As required by the Regulatory The NRC considers this action to be Flexibility Act of 1980,5 U.S.C. 605(b),

"lielp/Information Center" option that noncontroversial. Public comment is

! is tailored to the particular subsystem, the Commission certifies that this rule unnecessary because the amendment does not have a significant economics .

The NRC subsystem on FedWorld can relieves a burden on licensees by . impact upon a substantial number of e _

also be accessed by a direct dial phone eliminating a requirement that has no l number for the main FedWorld BBS, small entities.This regulation '

regulatory use or implications. This potentially affects about 30 licensees A 703-321-3339, or by using Telnet via acan ,,C bue effective on July 14, who operate uranium mills. Only about '

the Internet, fedworld. gov. If using 703- 1997. However,if the NRC receives 321-3339 to contact FedWorld, the NRC significant adverse comments within 11 licensees will be affected over the '

subsystem will be accessed from the next to years.The large majority of June 13,1997 on the companion notice these licensees do not fall under the I

' main FedWorld menu by selecting the of proposed rulemaking,the NRC will

" Regulatory, Government definition of small business entities. {

Administration and State Systems," publish a document that. withdraws this Additionally, this change to the . .  !

action.The NRC will address the regulation will result in a decrease in -

then selecting " Regulatory Information comments received in response to the  !

Mall." At that point, a menu will be requirements by eliminating a current - 1 proposed revisions that are published reporting requirement.11ence, there is

' displayed that has an option "U.S. concurrently in the Proposed Rules Nuclear Regulatory Commission" that no significant economic impact on any-section of this Eederal Register. Such licensee, large or small.

will take you to the NRC Online menu. commems, if any, will be addressed in '+

The NRC Online area can also be a subsequent final rule. Because Backnthalysis -

accessed directly by typing "/go nrc" ct comments are requested on the The NRC had determined that the A a FedWorld command line. If you access companion notice of proposed backfit rule,10 CFR 50.109, does not NRC from the FedWorld's main menu, rulemaking, NRC will not initiate a you may return.to FedWorld by apply to this rule, and therefore, a j second comment period. backfit analysis is not required because selecting the " Return to FedWorld" .

these amendments do not involve any l option from the NRC Online Menu. EnvironmentalImpact: Categorical i However,if you access NRC at Exclusion provisions that would impose backfits '

FedWorld by usin NRC's toll-free as defined in to CFR 50.109(a)(1).

! number,*you will have full access to all The Commission has determined that this final rule is the type of action Small Business Regulatory Enforcement NRC systems but you will not have described as a categorical exclusion in Fairness Act -

access to the main FedWorld system. 10 CFR 51.22(c)(3). Therefore, neither If you contact FedWorld using Telnet, In accordance with the Small -

you will see the NRC area and menus. an environmental linpact statement nor Business Regulatory Enforcemeht d an environmental assessment has been Fairness Act of 1996, the NRC has including the Rules menu. Although prepared for this final ule.

you will be able to download determined that this action is not a documents and leave messages, you will Paperwork Reduction Act Statement " major rule" and has verified this not be able to write comments or upload determination with the Office of files (comments). If you contact This direct final rule does not contain Information and Regulatory Affairs, a new or significantly amended Office of Management and Budget.

! FedWorld using FTP, all files can be information collection requirement accessed and downloaded but uploads subject to the Paperwork Reductiorr Act . List of Subjects in to CFR Part 51 ,

are not allowed; all you will see is a list of 1995 (44 U.S. C. 3501 et seq). Existing Administrative practice and I of files without descriptions (normal requirements were approved by the Gopher look). An index file listing all procedure, Environmental impact Office of Management and Budget, statements, Environmental regulations files within a subdirectory, with approval number 3150-0027.

descriptions, is included. There is a 15- assessment and reports, NEPA minute time limit for FTP access. Public Protection Notification Procedures, Nuclear materials, Nuclear A rulemaking site also can be The NRC may not conduct or sponsor, power plants and reactors, Reporting accessed through the NRC's home page and recordkeeping requirements.

and a person is not required to respond on the World Wide Web (http:// to, a collection ofinformation unless it . For the reasons set out in the www.ntc. gov). This site provides the displays a currently vafid OMB control preamble and under the authority of the same access to rulemakings as the number. Atomic Energy Act of 1954, as amended, FedWorld bulletin board, and you will the Energy Reorgank.ation Act of 1974, be able to upload files (comments)if Regulatory Analysis as amended, and 5 U.S.C. 552 and 553, that function is supported by your web The NRC staff prepared a regulatory the NRC is adopting the following browser. analysis for this final regulation which amendment to 10 CFR part 51.

' For more information on NRC bulletin covered two basic options: take no boards at FedWorld call Mr. Arthur action and allow the requirement for an PART SI-ENVIRONMENTAL Davis, Systems Integration and environmental report at license PROTECTION REGULATIONS FOR ~

Development Branch, U.S. Nuclear termination to remair: in the regulations, DOMESTIC LICENSING AND RELATED

)

Regulatory Commission, Washington, or eliminate the requirement. The REGULATORY FUNCTIONS DC 20555, telephone (301) 415-5780; e- Commission has decided to eliminate 1. The authority citation for 10 CFR mail AXD3@nrc. gov. Information on the the requirement through a direct final part 51 continues to read as follows:

I

, l

m 26732 Federal Register / Vol. 62, No. 93 / Wedn'esdiy, May 14, 1997 / Rul s cnd Regulations 1 l

Authority: Sec.161,68 Stat. 948, as j amended, sec. 1701,106 Stat. 2951,2952, 2953,(U.S.C 2201,22970; secs. 201, as ,.

l amended 202,88 Stat.1242, as amended, l l

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-I

• 854, as amended (42 U.S.C 4332,4334.

4335); and Pub. L 95-604, Title 11,92 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. 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 ,

i 92 Stat. 3036-3038 (42 U.S.C 2021) and under Nuclear Waste Policy Act of 1982, sec. j l

121,98 Stat. 2228 (42 U.S.C 10141). Sections '

51.43,51.67, and 51.109 also issued under Nuclear Waste Policy Act of 1382, sec.114(0, 96 Stat. 2216, as amended (42 U.S.C 10134(f)).

. $51.60 (Amended] ,

l

2. In $ 51.60, paragraph (b)(3) is removed, paragraphs (b) (4), (5), and (6) .

• are redesignated as paragraphs (b) (3), ,

i (4), and (5), and paragraph (a) is amended by revisingthe reference

"' paragraphs (b)(1) throu6 h (b)(6)" to read " paragraphs (b)(1) through (b)l5)."

Dated at Rockville, Maryland this 21st day of April,1997.

For the Nuclear Regulatory Commission.

L Joseph Callan, Executive Directorfor Opetutions.

(FR Doc. 97-12594 Filed 5- 13-97; 8:45 am)

~

anuNo coot reso41-P - , ,

e 9

l l

i

4 Fed:re.1 Regist:r / Vol. 62,"No. 93 / Wednesday, May 14, 1997 / Proposed Rules 26733*

NUCLEAR REGULATORY

- COMMISSION modifications to the proposed revisions documents and leave messages, you.will s requiring republication, the NRC will not be able to write comments or upload ...

13 CFR Part 51 not initiate a second comment pedod files (comments). If you contact for this action if the final rule is FedWorld using FTP, all files can be.

RIN AF65 withdrawn.

accessed and downloaded but uploads Environmental Report-Materials Electronic Access are n t allowed; all you will see is a list Licenses Comments may be submitted of files without descriptions (normal electronically,in either ASCII text or Copher look). An index file listing all ' .;~

AGENCY: Nuclear Regulatory Wordperfect format (version 5.1 or files within a subdirectory, with -

Commission. later), by calling the NRC Electronic descriptions,is included. There is a 15 : ~1 ACDON: Proposed rule. Bulletin Board on FedWorld, or directly minute time limit forITP access.

i 4 via the Internet. The bulletin board may A rulemakin8 site also can bes <ty I

SUMMARY

The Nuclear Regulatory be accessed using a personal computer, accessed thmugh theNRC's home page.:

i Commission (NRC)is proposing to a modem, and one of the commonly on the World WW.('ty# : e l amend its regulations to eliminate the www.nrc. gov). This site provides the ,

requirement that an environmental available communications software l

packages. same access to rulemakings as the. . ,

! report must be submitted by uranium Using a personal computer and FedWorld bulletin board, and you will s milllicensees at the time oflicense be able to upload files (comments)if. ~

termination. The intent of this action is . on modem, the NRC rulemaking subsystem - that function is supported by your we FedWorld can be eccessed directly to remove an outdated and unnecessary by dialing the toll fme number: 1-800- browser. .

reporting requirement. 303-9672. Communication software For more information on NRC bullStin DATES: Comments on the proposed rule parameters shouldbe set as follows: boards at FedWorld call Mr. Arthur must be mceived on or before June 13, Davis, Systems integration and Parity to none, data bits to 8, and stop '

3997, ' bits to 1 (N,8,1). Using ANSI or VT-100 ' Development Branch, U.S. Nuclear'

~

l terminal emulation, the NRC Regulatory Commission. Washingto'n,'

ADDRESSES: Mail comments to:

rulemaking subsystem can then be

• DC 20555, telephone (301) 415-5780; e 3 Secmtary, U.S. Nuclear Regulatory mail AXD3@nic. gov,Information on thes Commission, Washington, DC 20555- accessed by selecting the Rules Menu,,

0001, Attention: Docketing and Service Ption from the "NRC Main Menu. For Rulemaking Web site can be obtained furen ini madon about opties . from Ms. Carol Gallagher, Division of Branch. Hand deliver comments to Regulatory Applications, U.S. Nuclear 11555 Rockville Pike, Maryland, available for NRC at FedWorld, consult between 7:45 a.m. and 4:15 p.m. on the

• Help /Information Center , from the Regulatory Commission, Washington, NRC Main Menu. Users will find the DC 20555, telephone (301) 415-5905: e-Federal workdays' mail CAG@nrc. gov.

Copies of any comments received may "FedWorld Online User's Guides" particularly helpful Many NRC List of Subjects in to CFR Part 51 me R m 2170 L S NW subsystems and databases also have a Administrative practice and (Lo Le 1) W ashin a DC ,HY1nf nuadon Centu option that procedure, Environmental impact F r nfo ation on submittin'g. P

• I*h N sub ys nF r en s h En mnental dons ss n le on Access in Procedures Nuclearmaterials, Nuclear the Supplementary Information Section. u i ma(F or BS' Pl '

FOR FURTHER INFORMATION CONTACT:

Joseph J. Mate, Office of Nuclear 703-321-3339, or by using Telnet via '

the Internet, fedworld. gov. If using 703-

[d ord) e ing u mets 321-3339 to contact FedWorld, the NRC y masons set oudn 6 mam h Reguletory Research, U.S. Nuclear and under the authority ofQe Atomic subsystem will be accessed from the Regulatory Commission, Washington, Energy Act of 1954, as amended, the main FedWorld menu by selecting the DC 20555-0001, telephone (301) 415- " Regulatory, Government "*'87 * #8"" #'" "^ ****

6202, or e-mailM@NRC. GOV. de 5 Administration and State Systems," SUPPt.EMENTARY INFORMATION: For then selecting " Regulatory Information [Ci, p o lng adopt the follo g-addiuonal information, see the direct Mall." At that point, a menu will be amendments to 10 CFR part 51. final rule published in the Rules section displayed that has an option "U.S. of tids Federal Register. Nuclear Regulatory Commission" that PART 51--ENVIRONMENTAL will take you to the NRC Online menu. PROTECTION REGULATIONS FOR Procedural Background The NRC Online area can also be DOMESTIC LICENSING AND RELATED The NRC considers this action to be REGULATORY FUNCTIONS accessed directly by typing "/go arc" at noncontroversial and routine. We are a FedWorld command line. If you access 1. The authority citation for 10 CFR publishing this proposed rule concurrently with a final rule on the NRC from the FedWorld's main menu. Part 51 continues to read as follows you may return to FedWorld by Authority: Sec.161,68 Stat,948, as subject which will become effective on selecting the " Return to Fedworld " June 13,1997. However,if the NRC amended, sec. 1701,106 Stat. 2951,2952 option from the NRC Online Menu.. 2953, (U.S.C 2201, 2297f); secs. 201, as receives significant adverse comments However, if you access NRC at amended,202,88 Stat.1242, as amended, on the proposed amendment in this FedWorld by using NRC's toll-free 1244 (42 U.S.C $841,5842). Subpart A also l notice by July 14,1997, the NRC will- number, you will have full access to all der N l i publish a document that withdraws the NRC systems but you will not have suej3$9 ,ecsjo2 , 05 .k final rule. If the final rule is withdrawn, access to the main FedWorld system. 854, as amended (42 U.S.C 4332,4334, the NRC will address the comments If you contact FedWorld using Telnet, 4335); and Pub. L. 95-604, Title II,92 Stat. received in response to the proposed 3033-3041: and sec.193, Pub. L.101-575, you will see the NRC area and menus, revisions in this notice in a subsequent 104 Stat. 2835 (42 U.S.C 2243). Sections including the Rules menu. Although 51.20,51.30. 51.60. 51.80. and 51.97 also final rule. Absent significant you will be able to download issued under secs. 135.141. Pub. L. 97-4 25,

   . ?

26734 Federal. Register / Vol. 62, No. 93 / Wedntsday, M:y 14, 1997 / Proposed Rults 96 Stat. 2232,2241, and sec.14's, Pub L 100-203,101 Stat.1330-223 (U.S.C 10155, 10161,10168). Section 512221so issued under sec. 274,73 Stat. 688, as amended by 92 Stat. 3036-3038 (41 U.S.C 2021) and, under Nuclear Weste Policy Act of 1982, see 121,96 Stat. 222&(42 UmS.C 10141). Sections - n

       $1.43,51.67, and 51.109 also issued under                             ,

Nuclear Wasta Policy Act of 1982; sec 114(0, . 96 Stat. 2216, as amended (42 U.S.C 10134(0).

       $ 51.00. [Asnended) -

2. In S 51.60, graph (bX3)is removed, (b)(4), (S), and (6)~

are redes as paragraphs (b) (3),; (4), and (5), and paragraph (a)is.1 amendedby. revising the reference

       " paragraphs (b)(1.) through (b)(6)" to . -

read " paragraphs (b)(1) through (b)(5)." ' ~ Dated at Rockville, Maryland this 21st day , of April,1997. For the Nuclear Regulatoiy Commission. L. Joseph GHan , Executive DirectorforOperations. [FR Doc. 97-12593 Filed 5-13-97; 8:45 am] , , an.tmo caos ms4w I 4 h e i I I I l l

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