ML20141G823

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Informs of Concurrence on Final Rule That Amends 10CFR51, Environ Rept--Matls Licenses. Package Consisting of Comments on Rule,Encl
ML20141G823
Person / Time
Issue date: 03/20/1997
From: Meyer D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Morrison D
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
Shared Package
ML20135F257 List:
References
FRN-62FR26730, RULE-PR-51 AF65-2-016, AF65-2-16, NUDOCS 9707110077
Download: ML20141G823 (25)


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UNITED STATES File i

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NAR 2 01997

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MEMORANDUM FOR:

David L. Morrison, Director.

3 Offi of Nuclear Regul tory Research FROM:

8 ef Rules Review and Directives Branch Office of Administration

SUBJECT:

0FFICE CONCURRENCE ON FINAL RULE ENTITLED, " ENVIRONMENTAL-REPORT--MATERIALS LICENSES" The Office of Administration concurs on the final rule that amends Part 51.

We have attached a copy of the package that presents our comments.

When the document is forwarded for publication, please include a 3.5 inch diskette that contains a copy of the document in Wordperfect 5.0 or 5.1 as part of the transmittal package.

The diskette will be forwarded to the 0FR and the Government Printing Office for their use in typesetting the document.

In order to assist you in preparing the list of documents centrally relevant to this final rule that is required by NRC's regulatory history procedures, you should place the designator "AF65-2" in the upper right-hand corner of each document concerning the final rule that you forward to the Nuclear Document System.

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If you have any questions, 'please contact Michael Harrison, 415-6865, or Michael Lesar, 415-7163, of the Office of Administration.

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Attachment:

As stated 9707110077 970707 P

PDR PR 5w 51 62FR26730 PDR 0

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[7590-01-P]

NUCLEAR REGULATORY COMMISSION 10 CFR Part 51 RIN: AF65 4

Environmental Repor aterials Licenses No EPIKE yERE AGENCY: Nuclear Regulatory Commission.

DWLI ACTION:

inal rule.

SUMMARY

The 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 removes an outdated and unnecessary reporting requirement.

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.

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 F eral workdays.

I8 For information on submitting comments electronically, see the discussion under Electronic Access in the Supplementary Information Section.

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

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

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.

SUPPLEMENTARY INFORMATION:

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 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 environmentalappraisal(EA)atlicensetermination,andtheruiggavetheAEC 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 er$-

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/\\there were no statutory or codified rules relevant to the closure of mill tailings sites and ground-water remediation. Hence, an environmental report by the licensee.at the time of licer,se termination was necessary to ensure htAK l

proper remediation of the site pct 1$ N o 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 l

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

(

The current decommissioning requirements call for a licensee to submit-I several environmental reports throughout the process leading up to license 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 are decommissioning the mill, reclaiming the tailings,- and remediating the j

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 environmental report, requesting removal of the license conditions

-that required the reclamation and decommissioning work. The NRC staff reviews the application and issues a Technical Evaluation Report (TER) and an Environmental Impact Statement (EIS) or Environmental Assessment (EA).

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i The NRC staff will conduct a safety and environmental review to ensure i

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 actioris.

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_ license termination, the licensee also must comply with site and byproduct material ownership provisions that require ownership of byproduct material and j

l 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.

l The termination process in effect at the time the rule was originally promulgated has been superseded by a multi-step process of application, NRG reporting, andAstaff review and approval that leads to the license termination.

The sequence of events outlined above takes a number of years a:H will be completed before the licensee can request termination of the j

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 reporting 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 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.

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

If 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 q

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 f

databases also have a " Help /Information Center" option that is tailored to the particular subsystem.

The NRC subsystem on Fe.dWorld 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 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 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 by 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.

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.

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 i

NRC Rules Menu.

For more information on NRC bulletin boards call Mr. Arthur Davis, Systems Integration and Development Branch, U.S. Nuclear Regulatory i

Commission, Washington, DC 20555, telephone (301) 415-5780; e-mail AXD3@nrc. gov.

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 I

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

Register).

However, if the NRC receives significant adverse comments within (30 days after publication in the Federal Register) on the companion [tice of.

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/roposed ulemaking, the NRC will publish a document that withdraws this iPM E

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action.

he NRC will address the comments received in response to the proposed V

l revisions that are published concurrently in the Proposed Rules section of 9

this Federal Register.

Such comments, if any, will be addressed in a subsequent final rule. Becausecommentsarerequestedonthecompanion[otice roposed[lemaking,NRCwillnotinitiateasecondcommentperiod.

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i Environmental Impact: Categorical Exclusion I

The Commission has determined that this final rule is the type of action j

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 This direct final rule does not contain new or amended information collection requirements subject to the Paperwork Reduction Act of C a (44 U.S. C. 3501 et seq).

Existing requirements were approved by the Office of Management and Budget, approval number 3150-0021.

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t Public Protection Notification i

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.

Regulatory Analysis The NRC staff prepared a regulatory analysis for this final regulation l

l 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 l

estimated 11 licensees over the next 10 years.

4 Regulatory Flexibility Certification 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 i

requirements by eliminating a current reporting requirement.

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

Backfit Analysis The NRC had determined that the backfit rule, 10 CFR 50.109, does not apply to this rule, and therefore, a backfit analysis is not required because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR 50.109(a)(1).

Small Business Regulatory Enforcement Fairness Act In accordance with the Small Business Regulatory Enforcement Fairness 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 Administrative practice and procedure, Environmental impact statement, Environmental regulatioh(assessment / and reports, NEPA procedures, Nuclear materials, Nuclear power plants and reactors, Reporting and record keeping l

requirements.

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1 For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Ene.rgy Reorganization Act of 1974, 3

l 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 t

j' 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 i

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.

4 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241, and sec. 148, Pub L. 100-203, j

101 Stat. 1330-223 (U.S.C. 10155, 10161, 10168).

Section 51.22 also issued l

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 2228 (42 U.S.C.10141).

Sections 51.43, 51.67, and 51.109 alsoAunder Nuclear Waste Policy Act of 1982, sec 114(f), 96 Stat. 2216, as amended (42 U.S.C.10134

)). /

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5 51.60 [ Amended) 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 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.

L. Joseph Callan, Executive Director for.0perations.

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[7590-01-P]

. NUCLEAR REGULATORY COMMISSION l

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

AGENCY:

Nuclear Regulatory Comission.

a ACTION:

Proposed rule.

SUMMARY

The Nuclear Regulatory Comission (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 l

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

)

I DATE: Coments 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 Comission,

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

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

Copies of any coments received may be examined at the NRC Public Document Room, 2120 L street NW (Lower Level), Washington, DC.

For information on submitting coments electronically, see the i

discussion under Electronic Access in the Supplementary Information Section.

i l

l 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 JJMONRC. GOV.

SUPPLEMENTARY INFORMATION:

l j

For additional information, se'e the na rule published in the Rules section of this Federal Register.

Procedural Background The NRC considers this action to be noncontroversial and routine.

huvccM are publishing this proposed rule concurrently with a final rule M

on the subject which will become effective on (60 days after publication in the Federal Register).

However, if the NRC receives significant adverse commentsontheamendmentinthis[oticeof oposh"sk:dingby(30 days Y

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 addressh a subsequent final ruQthe comments received in response to the proposed revisions in this notice of pr;p;ad ca...aiii[ Absent significant modifications to the proposed revisions requiring republicat,i p, the NRC will e

the final not initiate a second comment period for this action '

rule is withdrawn.

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l 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.

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

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

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, consub. 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 oe 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 j

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

_3_

"/go nrc" at a FedWorld command line.

If you access NRC from the FedWorld's sain 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 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.

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 FadWorld 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 NRC' 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 AXD30nrc. gov.

List of Subjects in 10 CFR Part 51 Administrative practice and procedure, Environmental impact statement, Environmental regulatiof assessment / and reports, NEPA procedures, Nuclear -

i p

i I

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

requirements.

l 6

For 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, j

as amended, and 5 U. S. C. 552 and 553, the NRC is adopting the following amendments to 10 CFR Part 51.

PART 51 - ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING l

AND RELATED REGULATORY FUNCTIONS j

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

l-

.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.

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.

96 Stat. 2228 (42

' 2021)~ and under Nuclear 9aste Policy Act of 1982, sec, 21,d l

i W(

U.S.C. 10141).

Sections 51.43, 51.67, and_51.109 als nder Nuclear Waste j

Policy Act of 1982, sec 114(f), 96 Stat. 2216, as amended (42 U.S.C.

10134

)).

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t 5 51.60 [ Amended)

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 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.

L. Joseph Callan, Executive Director for Operations.

1 1

i l-DAILY STAFF NOTES l

OFFICE Of NUCl. EAR REGULATORY RESEARCH i

Direct final Rule Signed by EDO I

0n

, 1997, the Executive Director for Operations approved a

., direct final rule and acwmpanying propowd rule, that~ amends 10 CFR Part 51, "Environmen; l lro,tection gegulations for komestic U censing and $1ated degulatory ;

ncD ons."

This amendment wil' eliminan an unnecessRy reporting h quirement rom 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 Registe'r for publication, unless otherwise directed by the Commission.

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i Approved for Publication The Commission delegated to the ED0 (10 CFR 1.31(c)) the authority to develop and promulgate 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 kehbh %JN he attached final rule,fentitled "Rm._,ng m,c. c;P^---t '- =

vironmental I eportG..... x f r - '11 n cca

men c 6ci-.n.

.un" ou mends 10 CFR a.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.

Date L. Joseph Callan Executive Director for Operations i

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$4.....,o The Honorable Dan Schaefer, Chairman 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 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 l

license may be terminated.

Each of these amendments must be accompanied by an l

environmental report or a supplement to an environmental report. The NRC l

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

Sincerely, i

Dennis K. Rathbun, Director t

l Office of Congressional Affairs

Enclosure:

Federal Register Notice

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l The Honorable James M. Inhofe, Chairman l

Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety i

Committee on ---- -

...(PublicWorks United States Senate Washington, DC 20510

Dear Mr. Chairman:

The Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal Register for publication-and comment the enclosed proposed amendment to the Commission's rules in 10 CFR Part 51. The amendment, if adoptad, 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 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: Senator Bob Graham i

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  • ... 4 The Honorable Al Gore 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) 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, i

i Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Final Rule i

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

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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 i

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 l

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UNITED STATES e

S NUCLEAR REGULATORY COMMISSION "f

WASHINGTON. D.C. 205650 21

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I Mr. Robert P. Murphy General Counsel General Accounting Office

' Room 7175 441 G. St. 'NW, j

Washington, DC 20548

Dear Mr. Murphy:

i 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.

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 Register.

Sincerely, I

Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Final Rule I

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