ML20196B422

Ack Receipt of Discussing Availability of Documents Through NRC Pdr,Exchanged Between NRC & Coalition on West Valley Nuclear Wastes

ML20196B422
Person / Time
Issue date:	06/18/1999
From:	Greeves J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Vaughan R COALITION ON WEST VALLEY NUCLEAR WASTES
Shared Package
ML20196B428	List: ML20196B422 ML20196B441 ML20196B499
References
REF-WM-3 NUDOCS 9906230192
Download: ML20196B422 (17)

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[* ~ ~

• June 18, 1999 j Mr. Raymond C. Vrughin .

.. Coalition on West Valley Nuclear Wastes 10734 Sharp Street East Concord, New York 14055

Dear Mr. Vaughan:

The U.S. Nuclear Regulatory Commission (NRC) has received your letter dated May 29,1999, discussing the availability of documents, through the NRC's Public Document Room (PDR),

exchanged between NRC and the Coalition on West Valley Nuclear Wastes and/or yourself.

While every effort is made to make sure that appropriate documents are made available to the public through the PDR, sometimes this does not happen as it should. All of the documents that you identified are appropriate for public availability and they will be made available through the PDR. I appreciate your efforts in bringing this issue to our attention. Related to this, NRC recently announced proposed changes to the PDR program (see enclosed Federal Register notice) that will make it easier for the public to access NRC's public records. The NRC is .

seeking comments on these proposed changes through our Office of the Secretary. In the

. future, extra care will be taken to ensure that appropriate West Valley documents are released though the PDR.

Sincerely,

[ Original signed by:]

John T. Greeves, Director Division of Waste Management ,

Office of Nuclear Material Safety and Safeguards

Enclosure:

As stated g gy cc: B. Mazurowski, DOE P. Merges, NYSDEC P. Piciulo, NYSERDA West Valley Citizen Task Force ///

TICKET: G19990293 kM pl [p DISTRIBUTION:

Crntral File DCB r/f ' DWM t/f DWM r/f NMSS r/f RJohnson SECY-CRC-99-0512 gg[j NMSSDO r/f PUBLIC SBurns EDO r/f PTressler CPoland u4 3 DOCUMENT NAME: S:\DWM\DCB\JDP\ RAY 4.WPD *see previous concurrence OFC - DCB* DCB* DCB* OGC A., Dg/

NAME JParrott TCJohnson JHickey (D heks DATE 6/15/99 6/15/99 6/16/99 [/99 h//8/97 OFFICIAL RECORD COPY ACNW YES NO X c' 9906230192 990618 PDR WASTE WM-3 PDR h(h ~ k (< (V

1*. e Mr. Raymond C. Vaughan Coalition.on West Valley Nuclear Wastes 1

10734 Sharp Street East Concord, New York 14055

Dear Mr. Vaughan:

The U.S. Nuclear Regulatory Commission (NRC) has received your letter dated May 29,1999,  !

discussing the availtility of documents, through the NRC's Public Document Room (PDR),

exchanged between NRC and the Coalition on West Valley Nuclear Wastes and/or yourself. '

While every effort is made to make sure that appropriate documents are made available to,the public through the PDR, sometimes this does not happen as it should. All of the documents i that you identified are appropriate for public availability and they will be made available through  !

the PDR. I appreciate your efforts in bringing this issue to our attention. Related to this, NRC j recently announced proposed changes to the PDR program (see enclosed Federal Register l notice) that will make it easier for the public to access NRC's public records. Th'e NRC is I seeking comments on these proposed changes through our Office of the Secretary. In the future, extra care will be taken to ensure that appropriate West Valley docurnents are released though the PDR.

Sincerely, l i

(Original signed.b :) 1 Carl J. Paperiello, Director  !

Office of Nucidar Material Safety j and Safeg0ards

/ ,

Enclosure:

As stated cc: B. Mazurowski, DOE / l P. Merges, NYSDEC l P. Piciulo, NYSERDA f l West Valley Citizen Task For,ce l T.OKET: G19990293

/

CRC-99-0512

/

DISTRIBUTION: Central File DCB'r/f Yghllo DWM t/f DWM r/f N SS r/f RJ h s n d nb 8

NMSSDirO r/f 0Urnb CDor)h }h.56 btu g DOCUMENT NAME: S:\DWM\DC8U AY4.WPD OFC DCB  ! DCB , , ) _DN DWM NAME JParrott  ! TCJohn key JGreeves DATE (/ / f/99  ! [g jh/99 [/ /99 / /99

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/ /99 / /99 / /99 / /99 / /99 l c

OFFICIAL RECORD COPY l

LSS: YES.__ NO_X_

ACNW:YES ._ NO_X_

IG: YES_ . NO_X_ Delete file after distribution YES .__ NO __

j. .

@ "too 3 - 4 UNITED STATES l

l l 't j NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20555-0001 l

\

/ I

• • • • • June 18, 1999 l

Mr. Raymond C. Vaughan l

Coalition on West Valley Nuclear Wastes 10734 Sharp Street East Concord, New York 14055

Dear Mr. Vaughan:

l l

1 The U.S. Nuclear Regulatory Commission (NRC) has received your letter dated May 29,1999, l discussing the availability of documents, through the NRC's Public Document Room (PDR),

exchanged between NRC and the Coalition on West Valley Nuclear Wastes and/or yourself.

While every effort is made to make sure that appropriate documents are made available to the public through the PDR, sometimes this does not happen as it should. All of the documents that you identified are appropriate for public availability and they will be made available through the PDR. I appreciate your efforts in bringing this issue to our attention. Related to this, NRC recently announced proposed changes to the PDR program (see enclosed Federal Register notice) that will make it easier for the public to access NRC's public records. The NRC is seeking comments on these proposed changes through our Office of the Secretary. In the future, extra care will be taken to ensure that appropriate West Valley documents are released though the PDR.

Sincerely, ohn T. Greeves, Director Division of Waste Management Office of Nuclear Material Safety and Safeguards

Enclosure:

As stated cc: B. Mazurowski, DOE P. Merges, NYSDEC P. Piciulo, NYSERDA West Valley Citizen Task Force

l l

24531 i

. l Proposed Rules reder i aesisier Vol. 64. No. 88 l l

Friday. May 7.1999 This section of the FEDERAL REGISTER Management Division. Office of the records and to identify any ential contains notices to the public of the proposed Chief Information Officer. U.S. Nuclear unique situations where th . aectronic issuance of rules and regulations. The Regulatory Commission. Washington, purpose of these notices is to give interested availability of records may not provide D.C. 20555-0001. telephone (301) 415- adequate records availability.

pirsons an opportunity to participate in the rule making prior to the adoption of the final 6527. email: RAPl@nrc. gov. I The NRC currentiY maintains 86 '

rules. SUPPLEMENTARY INFORMATioN: The LPDRs in the vicinity of nuci -'eactor Nuclear Regulatory Commission is and materials licensees: 72 suppo-t proposing to amend its regulations to power reactors: 2 support gaseous NUCLEAR REGULATORY reflect the use of a new electronic record diffusion plants: 3 support high level l COMMISSION keeping system for NRC records. The waste repositories; and the remaining 9 '

NRC is establishing the Agencywide support fuel-cycle, low-level waste. and 10 CFR Parts 1,2,7,9,50,51,52,60, Documents Access and Management other facilities. A survey of the facilities G2, 72, 75, 76,10u, and 110 System (ADAMS) to provide for the where LPDRs are currently located RIN 3150-AG07 electr nic submission, storage, and revealed that all but six now provide, or retrieval of NRC official records. When will provide Internet access to its Electronic Availability of NRC Public ADAMS becomes operational, any NRC patrons by the end of 1999.

RIcords and Ending of NRC Local officia' records that are normally Additionally, although NRC plans to Public Document Room Program ,

publicly available under the discontinue the LPDR program it plans Commission's regulations will be to offer each of the current LPDR AGENCY: Nuclear Regulatory available electronically through Commission. libraries the opportunity to keep their ADANIS. The regulations governing current LPDR document collections so ACTION: Proposed rule. which records are publicly available the pre-ADAMS LPDR collections can

SUMMARY

The NucleaUegulatory will be unaffected by this proposed rule- continue to be available in the local Commission (NRC) is proposing Publicly available records will be communities. The decision to accept amendments to its regulations that accessible electromcally from the this offer to transfer ownership of these A ublic Library component on collections and the length of time they would reflect a change in the way its records are made available to the public. the NRC Web site. http://www.nrc. gov, will be maintained will be at the sole The amendments are intended to reflect (the Electronic Reading Roomt discretion of each library, the NRC's decision to implement a new When ADAMS becomes operational. ADAMS will provide the following document management system that NRC intends to discontinue furnishing added benefits that should preclude or would permit the electronic storage. Paper and micsofiche copies of its minimize any public concerns regarding retrieval, and on-line ordering of Publicly available records to the NRC the impact from discontinuing the LPDR publicly available NRC official records Public Document Room (PDR). located program:

through the NRC Web site. In astungton. D.C.. and the Local

1. ADAN1S Internet access will DATES: Submit comments by June 21* provide access to new records in full ocat d nea u ea p v pat and 1999. Comments received after this date other nuclear facilities. Under ADAMS, text and image.

will be considerert if it is practical to d NRC would initially begin making 2. ADAMS will provide an improved so. but assurance of consideration available electronically through the electrome search capability. Under the cannot be given except as to comments Electronic Reading Room on the NRC existing system only the bibliographic received on or before this date. indexes and abstracts for most records Internet Web site, imaged copies of its ADDRESSES: Submit comments to: newly received and created pubhcly are available from the online BRS and Secretary. U.S. Nuclear Regulatory available official records that are in NUDOCS.

Commission. Washington DC 20555. paper form. Ilowever, ultimately. NRC's 3. Some new records will be available Attention: Rulemaking and newly created official records will all be to the public within days instead of the Adjudications staff. stored in ADAMS only in electronic two weeks or longer it now takes for Deliver comments to 11555 Rockville form, and NRC will maintain only its LPDRs to receive microfiche or paper Pike. Rockville. Maryland, between 7:30 pre ADAMS records as paper copies. copies of new accessions.

am and 4:15 pm on Federal workdays. Because of budget ec,nstraints and the 4. Internet public access to the NRC You may also provide comments via improved access to newly received and Web site will provide direct access to a the NRC's interactive rulemaking web created records via the NRC Web site much broader range of the public than site through the NRC home page (http:/ under ADAMS, the Commission just to those who, because of their close

/www.mc. gov). This site provides the decided to discontinue funding of the proximity, have access to the PDR and capability to upload comments as files LPDR program beyond Fiscal Year 1999. LPDRs.

(any format). if your web browser Although the Commission has already The NRC PDR would still keep pre-supports that function. For information made a decision to eliminate the LPDRs ADAMS paper and microfiche records about the interactive rulemaking web because of the future electronic on site and available to the public for site, contact Ms. Carol Gallagher. (301) availability of these records, the viewing and copying. The PDR would 415-5905 (email: CAG@nrc. gov). Commission is soliciting comment also have computer terminals available FOR FURTHER INFORMATION CONTACT: through this proposed rule to clarify any for the public to access new documents Russell A. Powell. Chief. Information questions regarding the time and on the NRC Web site. The public would Services Branch. Information process for the electronic availability of still be able to obtain paper copies of ENCLOSURE

24532 Federal Register /Vol. 64. No. 88/ Friday. May 7,1999/ Proposed Rules new electronic records by printing them Section 9.21(d) would be deleted and a person is not required to respond from the NRC Internet Web site, by because the publication Title List of to, the information collection.

ordering them for a fee from the PDR Documents Made Publicly Available, Regulatory Analysis directly from the NRC Web site, or by NUREG-0540. will no longer be using current ordering methods. The published. Section 9.21(e) would be This proposed rule implements a new current methods are: in-person at the revised to show that only the published NRC procedure for making records PDR. mail, e mail, fax or by calling the versions of final opinions and orders. available for public inspection and PDR Reference Services on the toll free referred to in S 9.2(c)(1). are available copying. The rule would not have any 800 telepHne number. Bibliographic from the NTIS in the publication. adverse economic impact on any class desc" . s of documents currently Nuclear Regulatory issuances (NUREG- of licensee or the NRC. To the contrary, idet . the PDR's Bibliographic 0750). The reference to interpretations the proposed rule with its new Retrie .,ystem (BRS) and in NUDOCS in S 9.21(c)(2) would be deleted because provisions allowing Internet access from will be posted on the NRC Web site. they are not available from NTIS. homes. offices. schools, and public This would also allow the public to Section 9.23(a)(2) would be deleted libraries to NRC publicly released order copies of pre-ADAMS paper and because it repeats information included records would provide some new and microfiche records. The pubhc would in the revised S 9.21(a). Section 51.123 additional benefits to those seeking also have access to the NRC Web site (a) and (b) would be revised to reflect access to NRC records. A survey of the from any computer with Internet access. the correct address where requests for facilities where LPDRs are currently and would be able to download the draft environmental impact statements located revealed that all but six now records to the computer they are using and draft findings of no significant provide, or will provide Internet access for printing or other supported hazard can be submitted, to its patrons by the end of 1999.

" Additionally, although NRC plans to Changes would be made in several Because records would be released discontinue the LPDR program, it plans electronically to the public rather than sections to reDect the correct name of the NRC PDR. In addition, several to offer each of the current LPDR in paper or microfiche, this rule would amend the regulations in 10 CFR parts misspelling corrections would be made' current LPDR document collections so 1,2.7,9 50.St.52.60.62.72,75.76 Main Language the pre-ADAMS LPDR collections can 100, and i10 to reflect the manner in continue to be available in the local which these records would be made The Presidential Memorandum dated communities. This constitutes the publicly available. June 1.1998, entitled. Plain Language regulatory analysis for this rule.

To reflect the anticipated in Government W riting. directed that discontinuance of NRC support of the Federal government's writing be in Regulatory Flexibility Certification libraries serving as LPDRs. references to plain language. The NRC requests As required by the Regulatory NRC LPDRs would be deleted in 10 CFR comments on this proposed rule Flexibility Act of 1980. 5 U.S.C. 605(b).

2.1231 (a)(1)(ii), and (b): 9.35 (b) and (e): specifically with respect to the clarity 50.30(a)(5); part 50. appendix Q. section and effectiveness of the language used.

Comments should be sent to the address If adopted, will not have a significant

4. 51.120; part 52, appendix 0, section economic impact upon a substantial 5: part 52, appendix Q. section 4. and listed above.

number of small entities. The proposed 76.37(ai. Environmental Impact-Categorical rule would implement a new procedure In addition, several other minor Exclusion for making records available to the conforming changes would be made. public. The NRC believes that the The definition of the PDR in 10 CFR 2.4. The NRC has determined that this proposed changes would not have an 60.2. and 110.2 is now in a new Proposed rule is the type of action adverse economic impact on any class paragraph and would be revised to described m categorical exclusion 10 of licensee, including small entities, or reflect that records newly created or CFR 51.22(c) (1) and (2). Therefore, the general public. On the contrary, the received since the implementation of neither an environmental impact NRC believes that the proposed rule ADAMS that are publicly available are statement nor an environmental would provide wider opportunities and now available in the PDR in electronic assessment has been prepared for this make it easier for interested persons to form for inspection and copying, and Proposed rule, obtain or review publicly available NRC that copies can be ordered from the Paperwork Reduction Act Statement records.

PDR. A new paragraph would define the . Any small entity subject to this NRC Web site as the Internet location Th.is proposed rule does not contain regulation that determines, because of where NRC records are made available a new or amencicd information its size. It is likely to bear a for public inspection and copying and collection requirement subject to the disproportionate adverse economic that the public can also order copies of Paperwork Reduction Act of 1995 (44 impact should notify the Commission of documents from the PDR through the U.S C. 3501 et seq ). Existing this in a comment that indicates-NRC Web site. requirements were approved by the Office of Management and Budget. (a) The licensee's size and how the i Section 9.2(a) would be revised to Proposed regulation would result in a delete the reference to the availability of approval numbers 3150-0043,3150-0011.3150-0021,3150-0151.3150- significant economic burden upon the records on 48x microfiche through the licensee as compared to the economic National Technical Information Service 0127,3150-0143,3150-0132,3150-0055. 3150-0093. and 3150-0036. burden on a larger licensee; (NTIS) When NRC begins making its records available from the NRC Web (b) How the proposed regulations Public Protection Notification could be modified to take into account site, microfiche copies will no longer be produced. The address for the NTIS and If a means used to impose an the licensee's differing needs or a statement that certain listed information collection does not display capabilities:

documents can be ordered from the a currently valid OMB control number. (c) The benefits that would accrue. or NTIS would be added to S 9.21(a). the NRC may not conduct or sponsor, the detriments that would be avoided. if l

Fed:ral R:gistzr/Vol. 64. No. 88/ Friday, May 7.1999/ Proposed Rules 24533 l 1

the proposed regulations were modified power plants and reactors. Probabilistic PART 1-STATEMENT OF as suggested by the licensee; and risk assessment. Prototype. Reactor ORGANIZATION AND GENERAL i (d) How the proposed regulation, as siting criteria. Redress of site. Reporting INFORMATION:

modified, would more closely equalize and recordkeeping requirements.

the impact of NRC regulations or create Standard design. Standard design 1. The authority citation for part I more equal access to the benefits of certification. continues to read as follows:

Federal programs as opposed t 10 CFR Part 60 Authority: Secs. 23.161. 68 Stat. 925. 948.

providing special advantages to any as amended (42 U.S.C. 2033. 2201); sec. 29.

Individual or group. Criminal penalties. High-level waste. Pub. L.85-256,71 Stat. 579. Pub. L.95-209.

Nuclear power plants and reactors. 91 Stat.1483 (42 U.S C. 2039); sec.191. Pub.

Backfit AnalIsis L.87-615. 76 Stat. 409 (42 U.S C. 2241); secs.

Nuclear materials. Reporting and The NRC has determined that the recordkeeping requirements. Waste 201,203. 204. 205. 209. 88 Stat.1242.1244.

backfit rule does not apply to this treatment and disposal. S amende (42 U S C g4 proposed rule; and therefore, a backfit 553; Reorganization Plan No. I of 1980. 45 '

10 CFR Part 62 analysis is not required for this FR 40561. June 16,1980.

proposed rule because these Administrative practice and amendments do not involve any procedure. Denial of access. Emergency 2. In S 1.3. paragraph (a) is revised to provisions that would impose ba'ckfits access to low level waste disposal. Low. read as follows:

as defined in 10 CFR Chapter L level radioactive waste. Low-level 51.3 sources of additionalinformation.

List of Subjects radioactive treatment and disposal.

Low-level waste policy amendments act (a) A statement of the NRC,s 10 CFR Part 1 of 1985. Nuclear rnaterials. Reporting organization, policies procedures.

and recordkeeping requirements. assignments of responsibility, and Organization and functions delegations of authority is in the (Government Agencies). 10 CFR Part 72 Nuclear Regulatory Commission 10 CFR Part 2 Intergovernmental relations. Nianagement Directives System and Manpower training programs. Nuclear ther NRC issuances, including local Administrative practice and directives issued by Regional Offices.

procedure. Antitrust Byproduct materials. Nuclear power plams and reactors. Reporting and recordkeeping Letters and memoranda containing '

material. Classified Information. directives, delegations of authority and Environmental protection. Nuclear requirements. Security measures. g materials. Nuclear power plants and 10 CFR Part 75 time and may not yet be incorporated .-

reactors, Penalties. Sex discrimination. into the Management Directives System.

Source material. Special nuclear Criminal penalties. Intergovernmental ,!

parts of which are revised as necessary.

material. Waste treatment and disposal. relations. Nuclear materials. Nuclear Copies of the Management Directives p wer plants and reactors. Reporting 10 CFR Part 7 System and other delegations of c and recordkeeping requirements. authority are available for public Advisory committees. Sunshine Act. Secunty measures' inspection and copying for a fee at the .

10 CFR Part 9 10 CFR Part 76 NRC Public Document Room. 2120 L Street. NW . Washington, DC, and at Criminal Penalties. Freedom of Certification. Criminal penalties, each of NRC's Regional Offices.

, Information. Privacy. Reporting and Radiation protection. Reporting and Information may also be obtained from recordkeeping requirements. Sunshine recordkeeping requirements. Security the Office of Public Affairs or from Act, measures. Special nuclear material- Public Affairs Officers at the Regional Uranium enrichment by gaseous Offices. In addition. NRC Functional diffusion. Organization Charts. NUREG-0325.

Antitrust. Classified information. 10 CFR Part 100 contains detailed descriptions of the Criminal penalties. Fire protection. functional responsibilities of NRC's Intergovernmental relations. Nuclear Nuclear power plants and reactors. offices. It is revised annually and is power plants and reactors. Radiation Reactor siting criteria. available for public inspection at the protection. Reactor siting criteria. 10 CFR Part 110 NRC Web site. http:/Avww.nrc. gov, and/

Reporting and recordkeeping or at the NRC Public Document Room.

requirements. ministrative practice and procedure. or for purchase from the Superintendent Classified Information. Criminal of Documents. U.S. Government 10 CFR Part 51 penalties. Export. Import. Printing Office. P.O. Box 37082.

Administrative practice and Intergovernmental relations. Nuclear Washington, D.C. 20013-7082: and from procedure. Environmental impact materials. Nuclear power plants and the National TechnicalInformation statement. Nuclear materials. Nuclear rectors. Reporting and recordkeeping Service. Springfield. VA 22161, power plants and reactors. Radiation requirements. Scientific equipment. . - - *

• protection. Reactor siting criteria. For the reasons set out in the Reporting and records. preamble and under the authority of the PART 2-RULES OF PRACTICE FOR

1. 1. Atomic Energy Act of 1954, as amended: DOMESTIC LICENSING PROCEEDINGS the Energy Reorganization Act of 1974. AND ISSUANCE OF ORDERS Administrative practice and as amended; and 5 U.S.C. 553; the NRC procedure. Antitrust. Backfitting. is proposing to adopt the following 3. The authority citation for part 2 Combined license. Early site review, amendments to 10 CFR parts 1,2. 7,9. continues to read as follows:

Emergency planning. Fees. Inspection. 50. 51. 52,60. 62. 72. 75. 76.100 and Authority: Secs. 161.181. 68 Stat. 94 8.

Limited Work Authorization. Nuclear 110. -

953. as amended (42 U.S C. 2201. 2231): sec

1 24534 Federal Register /Vol. 64. No. 88/ Friday, May 7.1999/ Proposed Rules -

9 2.110 Filing and administrative actJon on 191. as amended. Pub. L.87-615,76 Stat. 409 this chapter. The facility is staffed with submittals for design review or early site (42 U.S C. 2241); set 201. 88 Stat.1242. as reference librarians to assist the public review of site-suitabinty issues.

amended (42 U.S C. 5841). 5 U.S C. 552. In identifying and locating documents * * * *

• Section 2.101 also issued under secs. 53. and in using the NRC Web site and

62. 63. 81.103,104,105. 68 Stat. 930. 932. ADAMS. The NRC Public Document (c) Upon completion of review by the 933.935,936.937,938, as amended (42 Room is open from 7:45 am to 4:15 pm. NRC staff and the ACRS of a submittal M nday through Friday, except on of the type described in paragraph (a)(1) 21 5 ; e l'14( Pub 97 25.96ka Federal holidays. Reference service and of this section the Director of the Office 2213. as amended (42 U.S.C.10143(0). sec. access to documents may also be of Nuclear Reactor Regulation shall 102. Pub L.91-190. 83 Stat. 853. as amended publish in the Federal Register a (42 U.S C. 4332); sec. 301. 88 Stat.1248 (42 requested by telephone (202-634-3273 U.S C. 5871). Sections 2102. 2.103. 2.104. or 800-397-4209) between 8:30 am and determination as to whether or nor the 2 105.2.721 also issued under secs 102.103 4:15 pm. or by e. mail (PDR@nrc. gov). design is acceptable, subject to 104,105.183i.189. 68 Stat. 936. 937. 938. fax (202-634-3343) or letter (NRC conditions as may be appropriate, and

'

• d USC i Public Document Room. LL-6. shall make available at the NRC Web 2 [ 2233 223 Sc n 2.105 a!( -Washington, DC 20555-0001). site. http//www.nrc. gov, a report that hsued under Pub. L.97-415. 96 Stat. 2073 * * * *

• analyzes the design.

(42 U.S C. 2239). Sections 2.200-2.206 also 7. In S 2.206 paragraph (a) is revised issued under secs 161 b.1, o.182.186. 234. NRC Web site http:#wmv.nrc gov. is 68 Stat. 948-951. 955. 83 Stat. 444. as to read as follows-the internet uniform resource locator amended (42 U.S C. 2201(b). (O. (o). 2236. name for the Internet addre3s of the Web 9 2.206 Requests for action under this 2282); sec. 206,88 Stat,1246 (42 U.S C.

5846). Sections 2 205(j) also hsued under site where NRC will ordinarily make subpart.

Pub L.101-410.104 Stat. 90. as arnended by available its public records for (a) Any puson may Gle a aquest m section 3100(s). Pub. L.104-134.110 Stat- inspection. institute a proceeding pursuant to 1321-373 (28 U.S C,2461 note), Sections . . . . .

5 2.202 to modify. suspend or revoke a 2 600-2 606 ako issued under sec.102. Pub. license, or for any other action as may L.91-190. 83 Stat. 853 as amended (42 S. In S 2.101 paragraph (a)(2) is revised to read as follows: be proper. Requests must be addressed U S C. 4332). Sections 2.700a. 2 719 also to the Executive Director for Operations hsued under 5 U.S C. 551 Sections 2 754.

2 760.2.770,2.780 also issued under 5 U S C. 92.101 Filing of application. and must be filed either by delivery to 557. Section 2 764 also issued under secs ** the NRC Public Document Room at 2120 135.141. Pub. L 97-425,96 Stat. 2232. 2241 (d)* L Street. NW Washington, DC.. or by (42 U S C 10155.10161) Section 2 790 also (2) Each application for a license for " N "

• issued under sec.103. 68 Suit 936, as a facility or for receipt of waste Executive Director for Operations. U.S.

amended (42 U.S C. 2133) and 5 U.S C 552. radioactive material from other persons Nuclear Regulatory Commission.

Sections 2.800 and 2 808 also nsued under f f the purpose of commercial disposal Washington DC. 20555-0001. The 5 U S C. 553. Section 2 809 also issued under by the waste disposal licensee will be 5 U S C. 553 and sec. 21 Pub L 85-256,71 6 don Stat. 579 as amended (42 U S C. 2039) assigned a docket number. Ifowever t requested and set forth the facts that Subpart K also issued under sec 189. 68 Stat. allow a determination as to whether an constitute the basis for the request. The 955142 U.S C. 2239). Sec. I? 4. Pub L 97- application for a construction permit or Executive Director for Operations will 425. 96 Stat 2230 (42 U S C 10154). Subpart operating license for a production or n the mquest to tN mmcmr d th L aho inued under sec.189. 68 Stat 955 (42 utilization facility is complete and NRC office with responsibility for the U S C. 2239) Subpart M also issued under acceI) table for docketing. lt will be subject matter of the request for sec.184 (12 U S C. 2234) and sec 189. 68 initially treated as a tendered appropriate action in accordance with Stat. 955 (42 U.S C. 2239). Appendix A aho dPplication. A copy of the tendered paragraph (b) of this section.

issued under sec 6. Pub L.91-560. 84 Stat application will be available for public , , , , ,

1473 (42 U.S C. 2135) inspection at the NRC Web site. http/

4. Section 2.4 is amended by adding 8. In 5 2.701, paragraph (a)(1) is

/mnrc gov. and/or at the NRC Public the definition of NRC Public Document Document Room. Generally. the revised to read as follows:

Room and NRC Web site to read as determination on acceptability for $ 2.701 Filing of documents.

I0ll W5 docketing will be made within a period ,

of thirty (30) days. However. In selected 92.4 Definitions.

construction permit applications. the (a) * *

• Commission may decide to determine (1) By delivery to the NRC Public NRC Public Document Room means acceptability on the basis of the Document Room at 2120 L Street. NW.

the facility at 2120 L Street. NW.' technical adequacy of the application as Washington. DC. or

\\ ashington. D.C. where certain pubh. c well as its completeness. In these cases. . . . . .

records of the NRC that were made the Commission, pursuant to 5 2.101(a).

9. In 5 2.740 paragraph (b) (1) is available for public inspection in paper will direct that the notice of hearing be revised to read as follows,.

or microfiche prior to the issued as soon as practicable after the implementation of the NRC Agencywide application has been tendered, and the 9 2.740 General provisions governing Documents Access and Management determination of acceptability will be discovery.

System, commonly referred to as made generally within a period of sixty .

ADAMS. will remain available for (60) days. For docketing and other )...

public inspection. It is also the place requirements for applications pursuant 0) In general. Parties may obtain where NRC makes computer terminals to part 61 of this chapter. see paragraph discovery regarding any matter. not available to access the Electronic E' privileged, which is relevant to the Reading Room component of ADMfS " * * " , ",' ,

subject matter involved in the on the NRC Web site http:// proceeding, whether it relates to the www.nrc. gov and where copies can be 6. In 5 2.110. paragraph (c) is revised claim or defense of any other party, made or ordered as set forth in 5 9.350f to read as follows:

1

1 . ,

Federal R:gistrr/Vol. 64. No. 88/ Friday. May 7.1999/ Proposed Rules 24535 Including the existence. description, documents. Including but not limited to or, in appropriate cases, may be invited nature, custody. condition, and location correspondence to and from the NRC for the first time upon publication in the of any books, documents, or other regarding the issuance, denial. Federal Register of a proposed rule j tangible things and the identity and amendment. transfer, renewal. developed in response to the petition.

i location of persons having knowleage of modification, suspension, revocation, or Publication will be limited by the l any discoverable matter. When any violation of a license, permit, or order. requirements of section 181 of the book, document or other tangible thing or regarding a rulemaking proceeding Atomic Energy Act of 1954, as amended.

sought is reasonably available from subject to this part shall not. in the and may be limited by order of the another source, such as at the NRC Web absence of a compelling reason for Commission.

I site. http:/Avww.nrc. gov, and/or the nondisclosure after a balancing of the . . . . .

NRC Pub!!c Document Room, sufficient interests of the person or agency urging response to an interrogatory involving nondisclosure and the public interest in (g) The Director. Division of such materials would be the location. disclosure, be exempt from disclosure Administrative Services. Office of l the title and a page reference to the and will be made available for Administration, will prepare on a relevant book. document or tangible inspection and copying at the NRC Web semiannual basis a summary of thing. In a proceeding on an application site http://www.nrc. gov. and/or at the petitions for rulemaking before the l for a construction permit or an operating NRC Public Document Room, except for Commission, including the status of l license for a production or utilization matters that are: each petition. A copy of the report will i

facility. discovery begins only after the . . . . . be available for public inspection and prehearing conference provided for in c pying at the NRC Web site, http://

(c) If a request for withholding 5 2.751a and relates only to those www.nrc. gov, and/or at the NRC Public pursuant to paragraph (b) of this section matters in controversy which have been is denied the Commission will notify Document Room.

I identified by the Commission or the an applicant for withholding of the 13. In 5 2.804, paragraph (b)(2) is presiding officer in the prehearing order dental with a statement of reasons. The revised to read as follows:

entered at the ennclusion of that notice of denial will specify a time, not prehearing conference. In such a *' ' P' P sed rulemaking.

less than thirty (30) days after the date , ,

proceeding, no discovery may take place of the notice. when the document will after the beginning of the prehearing be available at the NRC Web site, http:/ (b)* **

conference held pursuant to 5 2.752 /nww.nrc. gov. If within the time except upon leave of the presiding (2) The manner and time within specified in the notice, the applicant which interested members of the public officer upon good cause shown. It is not requests withdrawal of the document- may comment, and a statement that ground for objection that the the document will not be available at copies of comments may be examined l information sought will be inadmissible the NRC Web site- will be made available at the NRC Web at the hearing if the information sought http://www.nrc. gov and will be 3g .//nww.nrc. gov:

i appears reasonably calculated to lead to returned to the applicant: Provided that , , , , ,

the discovery of admissible evidence. information submitted in a rule making

• * * *

• proceeding which subsequently forms 14. In 5 2.809 paragraph (a) is revised

10. In 5 2.750. paragraph (a) is revised the basis for the final rule will not be to read as follows:

to read as follows: withheld from public disclosure by the Commission and will not be returned to 9 2.809 Participation by the Advisory

$ 2.750 Official reporter; transcript. Committee on Reactor Safeguards.

the applicant after dental of any (a) A hearing will be reported under application for withholding submitted (a) In its advisory capacity to the the supervision of the presiding officer, in connection with that information. If Commission. the ACRS may recommend stenographically or by other means by a request for withholding pursuant to that the Commission initiate rulemaking an official reporter who may be paragraph (b) of this section is granted. in a particular area. The Commission designated by the Commission or may the Commission will notify the will respond to such rulemaking .

be a regular employee of the apphcant of its determination to recommendation in writing within 90  !

Commission. The transcript prepared by withhold the information from public days. noting its intent to implement.

the reporter is the sole official transcript disclosure. study, or defer action on the of the proceeding. Except as limited * * * *

• recommendation. In the event the pursuant to section 181 of the Act or 12. In 5 2.802, paragraphs (e) and (g) Commission decides not to accept or order of the Commission the transcript are revised to read as follows: decides to defer action on the will be available for inspection at the recommendation. It will give its reasons NRC Web site, http://www.nrc. gov, and/ 5 2.802 Petition for rulemaking. for doing so. Both the ACRS or at the NRC Public Document Room.

• recommendation and the Commission's Copies of transcripts are available to (e) If it is determined that the petition response will be made available at the parties and to the public from the includes the information required by NRC Web site, http://aww.nre gov, official reporter on payment of the paragraph (c) of this section and is following transmittal of the specified charges, complete. the Director. Division of Commission's response to the ACRS.

• * * *

• Administrative Services. Office of a * * *

• j 11. In 5 2.790. the introductory text of Administration or designee. will assign 15. In 5 2.1007, paragraph (a)(3) is a docket number to the petition. will paragraph (a) and paragraph (c) are removed and resersed and paragraph i

revised to read as follows: cause the petition to be formally I docketed, and will make a copy of the (a)(2) is revised to read as follows:

( $ 2.790 Public inspections, exemptions, docketed petition available at the NRC 92.1007 Access.

requests for withholding. Web site, http://www.nrc. gov. Public l

(a) Subject to the provisions of comment may be requested by (a) , , ,

paragraphs (b). (d) and (e) of this publication of a notice of the docketing (2) A system to provide electronic section, final NRC records and of the petition in the Federal Register, access to the Licensing Support '

24536 Federal Register /Vol. 64. No. 88/ Friday. May 1 1999/ Ptaposed Rules Network shall be provided at the NRC documents pertaining to each $ 7.11 The Designated Federal Officer.

Web site. http://www.nrc. gov, and/or at application for a license transfer the NRC Public Document Room requiring Commission approval wl!1 be g...

beginning in the pre-license application placed at the NRC Web site. http:// (5) Make copies of committee phase, www.ntc. gov. when available' documents required to be maintained (3) [ Reserved l. for public inspection and copying

19. In S 2.1306. paragraph (c)(2) is pursuant to S 7.14(b) available at the

16. In S 2.1231. paragraphs (a)(1)(ll). revised to read as follows: NRC Web site, http://www.nrc. gov, and/

(a)(2). and (b) are revised to read as or at the NRC Public Document Room.

$ 2.1306 Hearing request or intervention follows: petition. 2L Section 7.14 is revised to read as

• * * * . foHows:

$ 2.1231 Haaring file; prohibition on discovery. (c) * * * $ 7.14 Public information on advisory (2) 45 days after notice of receipt is committees.

(a) * * *

(1) * *

• placed at the NRC Web site, http:// (a) The Nuclear Regulatory (li) Making the file available at the ww.v.nre gov, for all other applications: Commission shall maintain systematic NRC Web site. http://www.nrc. gov. or information on the nature. functions.

(2) The hearing file also must be made and operations of each NRC advisory available for pubtle inspection and 20. In S 2.1330, paragraph (b) is committee. A complete set of the copying at the NRC Web site, http:// revised to read as follows: charters of NRC advisory committees www.ntc. gov, and/or at the NRC Public and copies of the annual reports 92.1330 Reporter and transcript for an required by 5 7.17(a) will be maintained Document Room. ral hearing.

(b) The hearing file will consist of the , , ,

for public inspection at either the NRC Web site. http://www.nrc. gov: and/or at application and any amendment thereto.

any NRC environmental impact (b) Except for any portions that must the NRC Public Document Room.

statement or assessment relating to the be protected from disclosure in (b) Subject to the provisions of the application, and any NRC report and accordance with law and policy as Freedom of Information Act (5 U.S.C.

reflected in 10 CFR 2.790. transcripts 552) and NRC's Freedom of Information any correspondence between the applicant and the NRC that is relevant will be placed at the NRC Web site. Act regulations at 10 CFR part 9. subpart to the application. Hearing file http://www.nre gov. and copies may be A. copies of NRC advisory committees' documents already available at the NRC Purchased from the Secretary. U.S. records. reports. transcripts minutes.

Web site, http //www.nrc gov. and/or at Nuclear Regulatory Commission, appendices, working papers. drafts.

the NRC Public Document Room when Washington. DC 20555-0001. studies, agenda. and other documents the hearing request is granted may be shall be maintained for public incorporated into the hearing file at inspection and copying at the NRC Web those locations by a reference indicating PART 7-ADVISORY COMMITTEES site. http://www.nrc. gov; and/or at the where at those locations the documents NRC Public Document Room.

21. The authority citation for part 7 can be found. The presiding officer shall continues to read as follows: 25. In S 7.17. paragraphs (a) and (b) rule upon any issue regarding the are revised to read as follows:

appropriate materials for the hearing Authority: Sec.161. 68 Stat. 948. as file, amended (42 U.S C. 2201). sec. 201,88 Stat $ 7.17 Reports required for advisory

. . . . . 1242. as amended (42 U.S C. 5841): Pub. L. committees.

9b463. 86 Stat. 770 (5 U S C. App ).

17. In S 2.1301 paragraphs (a) and (c) (a) The Commission shall furnish a

22. In S 7.10 paragraph (b)(6) is report on the activities of NRC advisory are revised to read as follows: committees annually to the revised to read as follows:

$ 2.1301 Public notice of receipt of a Administrator and the GSA Secretariat i license transfer application. 97.10 The NRC Advisory Committee on a fiscal year basis. The report must Management Omeer. contain information regarding NRC (a) The Commission will notice the * * * *

• receipt of each application for direct or advisory committees required by section indirect transfer of a specific NRC (b) * *

• 6(c) of the Act for the President's annual license by placing a copy of the (6) Ensure that. subject to the report to the Congress and be consistent application at the NRC Web site, http:/ Freedom of Information Act and NRC's with instructions provided by the GSA

/www.ntc. gov. Freedom ofInformation Act regulations Secretariat. A copy of the report is made

• * * *

• at 10 CFR part 9. subpart A. copies of available at the NRC Web site, http://

the records, reports. transcript minutes, www.nrc. gov. and/or at the NRC Public (c) Periodic lists of applications Document Room.

received may be obtained upon request appendices, working papers, drafts.

studies. agenda, or other documents that (b) Any NRC advisory committee addressed to the NRC Public Document Room. U.S. Nuclear Regulatory were made available to or prepared for holding closed meetings shall issue a Commission. Washington DC "0555, or by each NRC advisory committee are report. at least annually, setting forth a available for public inspection and summary of its activities consistent with 0001.

C Pying at the NRC Web site http:// the policy of the Government in the

18. In 5 2.1303, the section heading wmnreg v. and/or at the NRC Public Sunshine Act (5 U.S C. 552b) as and the Introductory paragraph are U C"".ient Room. until the advisory implemented by 10 CFR 9.104. A copy tevised to read as follows: committee ceases to exist. of the report is made available at the 92.1303 Ava!Iability of documents. * * *

• NRC Web site. http://www.nrc gov. and/ l

3. In S 7.11 paragraph (d)(5) is or at the NRC Public Document Room.

Unless exempt from disclosure under * * * * *  !

part 9 of this chapter. the following revised to read as follows:

l

. . )

I' 1

Federal Register /Vol. 64. No. 88/ Friday May 7.1999/ Proposed Rules 24537  ?

PART 9-PUBLIC RECORDS purchase through the National $ 9.35 Duplication fees.

Il Technicallnformation Service. (a) * * *

26. The authority citation for part 9 28. In 5 9.23, paragraph (a)(2) is continues to read as follows- (2) Self service duplicating machines removed and reserved and paragraphs are available at the NRC Public j Authority: Sec.161. 68 Stat. 948, as (a)(1). (c) (d)(2), and (e) are revised to Document Room for the use of the l arnended (42 U.S.C. 2201); sec. 201. 88 Stat. read as follows: public. Paper to paper copy is $0.08 per l 1242, as amended (42 U.S.C. 5841). '

$ 9.23 Requests for records. page. Microfiche to paper is $0.10 per Subpart A is also issued under 5 U.S C.

page on the reader printers.

552; 31 U.S.C. 9701; Pub. L.99-570. Subpart (a)(1) A person may request access to , , , , ,

B is also issued under 5 U S C. 552a. Subpart records routinely made available by the C is also issued under 5 U S.C. 552b. NRC under 5 9.21 in person or by (5) Any change in the costs specified telephone, e-mail, fax. or U.S. mail from in this section will become effective

27. Section 9.21 is revised to read as immediately pending completion of the follows: the NRC Public Document Room. 2120 L Street. NW, Washington DC 20555- final rulemaking that amends this

$ 9.21 Publicly available records. 0001. section to reflect the new charges. The .

(1) Each record requested must be Commission will post the charges that I (a) Single copies of NRC publications l in the NUREC series. NRC Regulatory described in sufficient detail to enable di W m & b h he W Guides, and Standard Review Plans can the NRC Public Document Room staff t at the NRC Public Document Room. The I c te the record. Commission will publish a final rule in be ordered from the National Technical the Federal Register that includes the l Information Service. 5285 Port Royal (ii) In order to obtain copies of records l new charges within 15 working days Road. Springfield. Virginia. 22161. expeditiously, a person may open an from the beginning of the interim (b) For the convenience of persons account at the NRC Public Document period.

who may wish to inspect without R m with the private contracting finn (b) The NRC will assess the following charge, or purchase copies of a record or that is msponsible for duplicating NRC charges for copies of records to be a limited category of vecords for a fee. mcords.

cluplicated by the NRC at locations other puM;cly available records of the NRC's (2) [Reservedl than the NRC Public Document Room activities described in paragraph (c) of located in Washington. DC.-

this section are also made available at (c) If a requested agency record that . . . . .

the NRC Web site. http://wnwnrc. gov, has been reasonably described is located and/or at the NRC Public Document at a place other than at the NRC Web 30. In 5 9.45 paragraph (b) is revised i y

Room located at 2120 L Street. NW. site, http://www.nrc. gov, the NRC Public to read as follows.

Washington. DC. open between 7.45 am Document Room. or the NRC 69.45 Annual reports to the Attorney and 4:15 pm on Monday through Friday, headquarters. the NRC may, at its General of the United States. .

except Federal holidays. discretion, make the record available for . . . *

• J (c) The following records of NRC inspection and copying at either of the (b) The NRC will make a copy of the d activities are available for public locations. most recent report available to the {

inspection and copying: (d) * *

• public at the NRC Web site, http:// J (1) Final opinions including (2) If the requested record has been www.nrc. gov.

concurring and dissenting opinions as placed on the NRC Internet Web site. 31. In 5 9.105 paragraph (b) is revised well as orders of the NRC issued as a under 5 9.21. the NRC may inform the to read as follows:

result of adjudication of cases: requester that the record is available at (2) Statements of policy and the NRC Web site. http://wwmnrc. gor. 69.105 commission procedures.

and/or at the NRC Public Document * * * *

• Interpretations that have been adopted by the NRC and have not been Room, and that the record may be (b) Within one day of any vote taken published in the Federal Register; brained in accordance with the pursuant to paragraph (a) of this section.

(3) Nuclear Regulatory Commission Procedures set forth in paragraph (a) of 5 9.106(a). or 5 9.108(c). the Secretary rules and regulations: this section. shall make publicly available at the NRC (e) The Freedom of Information Act Web site http://wwwnrc. gov, a written (4) Nuclear Regulatory Commission and Privacy Act Officer will promptly copy of such vote renecting the vote of Manuals and instructions to NRC forward a Freedom ofinformation Act each member on the question. If a personnel that affect any member of the Public; request made under paragraph (b) of this portion of a meeting is to be closed to section for an agency record to the head the public, the Secretary shall, within (5) Coples of records that have been of the office (s) primarily concerned with one day of the vote taken pursuant to released to a person under the Freedom the records requested. as appropriate. paragraph (a) of this section or ofInformation Act that because of the The responsible office will conduct a 5 9.106(a), make publicly available at l nature of their subject matter, the NRC search for the agency records responsive the NRC Web site http://u nwnrc gov. a determines have become or are likely to to the request and compile those agency full written explanation of its action become the subject of subsequent records to be reviewed for initial closing the portion together with a list requests for substantially the same disclosure determination and/or of all persons expected to attend the records. Identify those that have already been meeting and their affiliation.

(6) A generalindex of the records made publicly available at the NRC Web 32. In 5 9.107. paragraph (d)(1) is released under the FOIA. site. http:/Avwmnrc. gov, and/or at the revised to read as follows:

(d) The published versions of the NRC Public Document Room.

records made publicly available under 29. In 5 9.35. paragraph (e) is s

{9g [,un ee ngs paragraph (c)(1) of this section are removed paragraphs (a)(2). (a)(5) and , , , , ,

available under the title. Nuclear (b). Introductory text. are revised to read Regulatory Issuances. NUREG-0750. for as follows: (d) *

• l

24538 Federal Register /Vol. 64. No. 88/ Friday May 7,1999/ Proposed Rules Q also issued under sec.102 Pub. L.91-190. $ 50.66 Requirements for thermal (1) Publicly posting a copy of the 83 Stat. 853 (42 U.S C. 4332). Sections 50 34 annealing of the reactor pressure vessel.

document at the NRC Web site, http:N and 50.54 also issued under sec. 204. 88 Stat. (a) For those light water nuclear www.nre gov.; and. to the extent 4 '

appropriate under the circumstances: f,2 under 1282 3 R 93 o np., Power reactors where neutron radiation

• * * *

• has reduced the fracture toughness of

p. 570. E.O.12958, as arnended. 3 CFR 1995 the reactor vessel materials, a thermal

33. In S 9.108, paragraph (b) is revised Comp.. p. 333. E.O.12968. 3 CFR 1995 Comp., p. 391). Sections 50.58. 50 91. and annealing may be applied to the reactor >

to read as follows:

50.92 also issued under Pub. L.97-415,96 vessel to recover the fracture toughness

$ 9.108 Certification, transcripts. Stat. 2073 (42 U.S.C. 2239). Section 50.78 of the material. The use of a thermal recordings and minutes. also issued under sec.122,68 Stat. 939 (42 annealing treatment is subject to the

• * * *

• U.S C. 2152) Sections 50.80-50.81 als requirements in this section. A report issued under sec.184. 68 Stat. 954. as describing the licensee's plan for (b) The Commission shall make amended (42 U.S C. 2234). Appendix F als promptly available to the public at the conducting the thermal annealing must ud NRC Web site, http:Nwww.nrc. gov. the be submitted in accordance with 5 50.4 transcript. electronic recording, or f23b under sec.187. 68 Stat. 955 at least (42 U.S three C.prior to the date at years minutes (as required by paragraph (a) of 35. In 5 50.30. paragraph (a)(5) is which the limiting fracture toughness this section) of the discussion of any revised to read as follows: criteria in 8 50.61 or appendix G to part item on the agenda, or of any item of the 50 would be exceeded. Within three testimony of any witness received at the 650.30 Filing of application for licenses; years of the submittal of the Thermal oath or affirmation. Annealing Report and at least thirty meeting. except for such item or items of such discussion or testimony as the (a) * *

• days prior to the start of the thermal Commission determines pursuant t (5) At the ome of filing an annealing, the NRC will review the Thermal Annealing Report and make paragraph (c) of this section to contain gpl cation, the Commission will make information which may be withheld available at the NRC Web site, http:g available the results of its evaluation at under S 9.104 or S 9.105(c). Copies of the NRC Web site, http:Nwww.nregov.

wwwnrc. gov, a copy of the application.

such transcript. or minutes, or a The licensee may begin the thermal subsequent amendments, and other transcription of such recording records pertinent to the facility for anneal after:

disclosing the identity of each speaker, public inspection and copying.

shall be furnished to any person upon * = * * *

(2) The NRC makes available the payment of the actual cost of results of its evaluation of the Thermal duplication or transcription as provided 36. In 5 50 44. paragraph (c)(3)(iv)(C) Annealing Report at the NRC Web site, in S 9.14. The Secretary shall maintain is revised to read as follows: N mnrc. gov; and a complete verbatim copy of the 650.44 Standards for combustible gas * * * *

• s t a con pl cop o e control systems in light-water-cooled power {g . . . 1 recording of each meeting, or portion of a meeting, closed to the public, for a (2) Within 15 days after the NRC's receipt of the licensee submtssions -

• required by paragraphs (c)(1), (c)(2) and period of at least two years after such (c)*

• - (c)(3)(i) through (iii) of this section, the meeting. or until one year after the (3)*

NRC staff shall make available at the conclusion of any Commission gy) . . . NRC Web site, http:Nwww.nrc. gov, a proceeding with respect to which the meeting or portion was held. w hichever (C) Subsubarticle NE-3220. Division summary of its inspection of the L and subsubarticle CC-3720. Division licensee's thermal annealing. and the occurs later.

. . . . . 2. of Se non ill of the ASME Boiler and Commission shall hold a public Pressure Vessel Code, referenced in meeting:

PART 50--DOMESTIC LICENSING OF paragraphs (c)(3)(iv)(B)(l) and . . . . .

PRODUCTION AND UTILIZATION (c)(3)(iv)(B)(2) of this section, have been (3) Within 45 days of NRC's receipt of FACILITIES aPProsed for incorporation by reference the licensee submissions required by by the Director of the Office of the 0. 2 an c P

34. The authority citation for part 50 Federal Register. A notice of any $'rou c]y C continues to read as follows: changes made to the material staff shall complete full documentation Inc rp rated by reference will be of its inspection of the licensee's Authority: Secs.102.103.104.105.161. Published in the Federal Register.

182,183.186.189. 68 Stat. 936. 937. 938. annealing process and make available 948.953.954.955.956, as amended. sec. Copies of the ASME Boller and Pressure this documentation at the NRC Web site.

234. 83 Stat.1244. as amended (42 U.S C. Vessel Code may be purchased from the M :N mnrc. gov-P 2132.2133,2134,2135.2201.2232.2233. American Society of Mechanical 38. In appendix O to part 50.

2236,2239. 2282): secs 201, as amended. Engineers. United Engineering Center.

202. 206. 88 Stat.1242. as amended 1244. 345 East 47th Street New York, N.Y. p ragraph 5 is revised to read as 1246. (42 U.S C. 5841. 5842. 5846). 10017. It is also available for inspection I II *S Section 50.7 also issued under Pub. L. 95- at the NRC Technical Reference Library. Appendix 0 to Part 50-Standardization of 601, sec.10. 92 Stat. 2951 (42 U.S C. 5851). Two White Flint North. Room 2B9, Design; Staff Review of Standard Designs Section 50.10 also issued under secs 101. * * * *

• 185. 68 Stat. 955 as amended (42 U.S C. 2131.

• I1545 Rockville Pike. Rockville. MD. l 2235), sec.102. Pub. L.91-190. 83 Stat 853 * * * *

5. Upon completion of their review of a j (42 U.S C. 4332). Sections 50.13,50 54(dd) submittal under this appendix. the NRC and 50.103 also issued under sec.108. 68 3L M 8 50 66. the introductory text of regulatory staff shall publish in the Federal k par graph (a), paragraph (a)(2), the Register a determination as to whether or not Stat. 939. as amended (42 U S C. 2138).  !

Sections 50 23,50 35,50 55 and 50 56 also introductory text of paragraph (0(2). and the preliminary or final design is acceptable.

paragraph (f)(3) are revised to read as subject to such conditions as may be l issued under sec.185. 68 Stat. 955 (42 U.S C.

2235). Section 50 33am 50 55a and Appendix follows: appropriate, and make available at the NRC

Federal Register /Vol. 64. No. 88/ Friday. May 7,1999/ Proposed Rules 24539 Web site, http//www nregov. an analysis of 41. In S 51.62. paragraph (a) is revised exhausted. the requestor will be advised the design in the form of a report. An to read as follows: that the NRC will provide copies at the approved design shall be utilized by and charges specified in 5 9.35 of this relied upon by the regulatory staff and the $ 51.62 Environmental report-Land disposal of radioactive waste licensed chapter-ACRS in their review of any individual facility license application which under 10 CFR part 61. (b) Distribution to governmental incorporates by reference a design approved agencies. Upon written request to the (a) Each applicant for issuance of a Reproduction and Distribution Services in accordance with this paragraph unless there exists significant new information license for land disposal of radioactive Section. Office of the Chief Information which substantially affects the earlier waste pursuant to part 61 of this chapter Officer. U.S. Nuclear Regulatory determination or other good cause. shall submit with its application to the Commission. Washington. DC 20555-

. . . . . Director of Nuclear Material Safety and 0001, and to the extent available, copies Safeguards the number of copies, as

39. In Appendix Q to Part 50 of draft and final environmental impact specified in 5 51.66 of a separate paragraph 4 is revised to read as statements and draft final findings of no document. entitled " Applicant s significant impact will be made follows. Environmental Report-License for available in the number requested to Appendix Q to Part 50--Pre-applica00n Land Disposal of Radioactive Waste., Federal. State and local agencies. Indian Early Review of Site Sultability issues. The environmental report and any tribes and State. regional and supplement to the environmental report metropolitan clearinghouses. When

4. Upon completion of review by the NRC may inc rPorate by Mmnce available NRC copies have been staff and. if appropriate by the AC'RS. of a inf rmati n c ntained in the exhausted. the requester will be advised submittal under this appendix, the NRC staff application or in any previous that the NRC will provide copies at the shall prepare a Staff Site Report which shall application, statement or report filed charges specified in 5 9.35 of this identify the location of the site, state the site with the Commission provided that chapter ^

suitability issues reviewed. explain the such references are clear and specific , , , , ,

nature and scope of the review. state the and that copies of the information so conclusions of the staff regarding the issues incorporated are available at the NRC reviewed and state the reasons for those PART 52-EARLY SITE PERMITS-Web site httpWwww.nrc. gov, and/or at S ANDARDS DESmN conclusions. Upon issuance of an NRC Staff the NRC Public Document Room-Site Report. the NRC staff shall publish a , , , , ,

CERTIFICATIONS; AND COMBINED notice of the availability of the report in the LICENSES FOR NUCLEAR POWER Federal Register and shall make the report 42. Section 51.120 is revised to read PLANTS available at the NRC Web site httpw as follows:

www nregov The NRC staff shall also send 44. The authority citation for part 52 a copy of the report to the Gmernor or other $ 51.120 Availability of environmental continues to read as follows:

appropriate official of the State in which the documents for public inspection, site is located, and to the chief executive of Copies of environmental reports, draft Authority: Secs. 103.104.161,182.183, the municipality in w hich the site is located 186. 68 Stat. 936. 94 8. 953. 954. 955. 956, as y and final environmentalimpact amended. sec. 234. 83 Stat.1244. as amended '

or. if the site is not located in a municipality- s atemems environmental assesments. (42 U.S C. 2133. 2201. 2232. 2233. 2236.

to the chief executive of the county.

and findings of no sigmficant impact. 2239. 2282); secs. 201. 202. 206. 88 Stat.

together with any related comments and 1242,1244.1246. as amended (42 U.S C.

envir nmental documents will be made 5841.5842.5846).

PART 51-ENVIRONMENTAL PROTECTION REGULATIONS FOR avad a 5 . PW 45. In Appendix A to part 52. Section n t he NRC 1 uWe VI. paragraph E.1.b. is revised to read as DOMESTIC LICENSING AND RELATED []R '

follows:

REGULATORY FUNCTIONS

43. In 5 51.123, paragraph (a) and (b) are revised to read as follows: Appendix A to Part 52-Design Certification

40. The authority citation for part 51 Rule for the U.S. Advanced Bolling Reactor continues to read as follows: 551.123 Charges for environmental * * * *

• documents; distribution to governmental Authority: Sec.161. 68 Stat. 948. as VI Issue Resolution.

agen &s.

amended. sec. 1701.106 Stat. 2951. 2952. , , , , ,

2953. (42 U.S C. 2201. 2297f); secs. 201. as (a) Distribution to public. Upon *

• amended. 202. 88 Stat.1242. as amended written request to the Reproduction and E~,* ,,

I-1244 (42 U.S C. 5841. 5842). Subpart A also Distribution Services Section. Office of issued under National Ensironmental Policy the Chief Information Officer. U.S. b The reason why the information Act of 1969 secs.102.104.105. 83 Stat. 853- Nuclear Regulatory Commission, currently av it ble to the public at the NRC 954. as amended (42 U.S C. 4332. 4334- Washin8 ton, DC 20555-0001. and to the

' ^"# "* "## #"* "" "'

• 4335); and Pub L 95-604. Title 11,92 Stat. NRC Public Document Room. is insufficient:

3033-3041; and sec.193. Pub L.101-575. extent available. single copies of draft , , , , ,

104 Stat. 2835 (42 U.S.C. 2243). Sections environmental impact statements and draft findings of no significant impact 16. In Appendix B to part 52. Section 5120, 51.30. 51.60. S t.80. and 5197 also will be made available to interested P 8 P ised to read as issued under secs. 135.141. Pub.L.97-425.

96 Stat. 2232,2241, and sec.148. Pub L. persons without charge. Single copies of f 11 ws:

100-203,101 Stat.1330-223 (42 U.S C. final envit onmental impact statements Appendix B to Part 52-Design Certification 10155.10161.10168). Section 5122 also and final findings of no significant Rule for the System 80* Design issued under sec. 274. 73 Stat. 688. as impact will also be provided without * * * *

• amended by 92 Stat. 3036-/.038 (42 U.S C' charge to the persons listed in 5 51.93(a) E'* *

• 2021) and under Nuclear Waste Pohey Act of and 5 51.119(c). respectively. When l***

1982. sec.121. 96 Stat. 2228 02 U.S C.

1014 l). Sections 51.4.1. 51.67. and 51.109 more than one copy of an environmental b. The reason why the information also issued under Nuclear Waste Policy Act impact statement or a finding of no currently available to the public at the NRC of 1982 ec. I 14(0 96 Stat. 2216. as amended significant impact is requested or when Web site. http//www nrc gov. and/or at the (42 U.3 C.10134(0). available NRC copies have been NRC Pubhc Document Room. is insufficient

24540 Federal Register /Vol. 64. No. 88/ Friday, May 7.1999/ Proposed Rules

47. In Appendix 0 to Part 52. 50. In S 60.2. the definition of NTm (d) Copies of all communications y paragraph 5 is revised to read as Pubhc Document Room is revised and the Director under this section are follows: the definition of NRC Web site is added available at the NRC Web site http://

Appendix 0 to part 52-Standardization of t read as follows: www.nrc. gov. and/or at the NRC Public Design; Staff Review of Standard Designs Document Room. and copies are

$ 60.2 Definitions.

, , , , , furnished to DOE.

5. Upon completion of their review of a

53. In S 60.63. paragraphs (b)and (f) submittal under this appendix, the NRC NRC Public Document Room means are revised to read as follows:

the facility at 2120 L Street. NW..

Regis ra et r n t on a t ttier r not Washington, DC where certain public 9 60.63 Participation in license reviews, records of the NRC that were made * * * *

• the preliminary or final design is acceptable, subject to such conditions as may be available for public inspection in paper (b) In addition. whenever an area has appropriate, and make available at the NRC or microfiche prior to the Web site. http:/A+wwnrc. gov. an analysis or been approved by the President for site implementation of the NRC Agencywide characterization a State or an affected the design in the form of a report. An Documents Access and Management Indian Tribe may submit to the Director

,P e]" Sn '

the re u at r staff and t e s em. Cmnm nly referred t as a proposal to facilitate its participation ACRS in their review of any individual ADAMS. will remain available for in the review of a site characterization facility license application which public inspection. It is also the place plan and/or license application. The incorporates by reference a design approved where computer terminals are available proposal may be submitted at any time in accordance with this paragraph unless to access the Electronic Reading Room and must contain a description and there exists significant new information component of ADAMS on the NRC Web schedule of how the State or affected which substantially affects the earlier site, http:/Avww.ntc. gov. w here copies determmation or other good cause. Indian Tribe wishes to participate in the can be made or ordered as set forth in review or what services or activities the 5 9.35. The facility is staffed with State or affected Indian Tribe wishes l

48. In Appendix Q to part 52. reference librarians to assist the public NRC to carry out. and how the services paragraph 4 is revised to read as in identifying and locating documents or activities proposed to be carried out follows: and in using the NRC Web site and by NRC would contribute te such Appendix Q to Part 52-Pre-Application ADANIS. The NRC Public Document participation. The proposal may include Early Site Re$lew of Site Suitability Issues Ro m is open from 7:45 am to 4:15 pm. educational or information services

. . . . . hlonday through Friday, except on (seminars public meetings) or other 4 Upon completion of review by the NRC Federal holidays. Reference service and actions on the part of NRC. such as staff and. if appropriate by the AC'RS. of a access to documents may also be employment or exchange of State submittal under this appendix, the NRC staff requested by telephone (202-631-3273 personnel under the Intergovernmental shall prepare a Staff Site Report which shall or 800-397-4209) between 8:30 am and Personnel Act.

identify the location of the site. state the site 4:15 pm. or by e mail (PDR@nrc.gos). . . . . .

suitability issues reviewed, explain the fax (202-634-3343), or letter (NRC (O Proposals submitted under this nature and scope of the review state the Public Document Room. LL-6.

conclusions of the staff regarding the issues Washington. DC 20555-0001). s&ti n. and responses thereto, shall be reviewed and state the reasons for those made available at the NRC Web site.

conclusions Upon issuance of an NRC Staff NRC Web site httP://www.nrc.govis http:4www.nrc. gov, and/or at the NRL, Site Report. the NRC staff shall pubbsh a the Internet uniform resource locator name for the Internet address of the W,eb Public Document Room.

notice of the availabihty of the report in the Federal Register and shall make available a site where NRC will ordinarily make PART 62-CRITERIA AND copy of the report at the NRC Web site. herp / available its public records for PROCEDURES FOR EMERGENCY

/www nre gev. The NRC staff shall also send inspection-a copy of the report to the Governor or other . . . . .

ACCESS TO NON-FEDERAL AND appropriate official of the State in which the REGIONAL LOW-LEVEL WASTE site is located and to the chief executive of 51. In 5 60.18. paragraph (0 is revised DISPOSAL FACILITIES the municipality in w hich the site is located to read as follows: ,

or, if the site is not located in a municipality. 54. The authority citation for part 62 to the chief executive of the county. 960.18 Review of site characterization continues to read as follows:

• * * *

• activities.

. . . . . Authority: Secs. 81.161. as amended. 68 Stat 935,948. 949. 950. 951, as amended (42 PART 60--DISPOSAL OF HIGH-LEVEL (0 The Director shall publish in the U.S C. 2111. 2201); secs 201. 209. as RADIOACTIVE WASTE IN GEOLOGIC Federal Register a notice of availability amended. 88 Stat.1242.1248. as amended REPOSITORIES of the site characterization analysis and (42 U.S C. 5841. 5849); secs. 3. 4. 5. 6. 99 a request for public comment within a Stat.184 3.184 4,1845.1846.1847,1848,

49. The authority citation for Part 60 reasonable period, as specified (not less 1849.1850.1851 1852.1853.1854.1855.

continues to read as follows: than 90 days). The notice along with 1856.1857. (42 U.S.C. 2021c 2021d. 2021e.

Authority Secs St. 53.62.63.65.81.161, c pies of the site characterization 202 E 182.183. 68 Stat. 929. 930,932,933. 935. analysis shall be available at the NRC 55. In 5 62.11. paragraph (b) is revised j 948. 953. 954. as amended (42 U.S C. 2071, Web site. http://www.nrc. gov, and to read as follows:

2073.2092.2003.2095.2111.2201.2232. copies of any comments received will 2233); secs 202. 206. 88 Stat.124 4.1246 (42 also be made available there. 962.11 Filing and distribution of a i U S C 5842. 5846); secs.10 and 14. Pub L. . . . . . determination request.  !95-601. 92 Stat. 2951 (42 U.S C. 2021a and . . . . .

5851); sec.102. Pub. L.91-190. 83 Stat. 853 52. In 5 60.61, paragraph (d) is revised l (42 U.S C. 4332); secs 114.121. Pub L. 97- to read as follows: (b) Upon receipt of a request for a 425. 96 Stat. 2213g. 2228. as amended (42 .

determination, the Secretary of the U.S C.10134.10141), and Pub. L. 102-486. 660.61 Provision of information. Commission shall publish a notice sec. 2902.106 Stat. 3123 (42 U S C. 5851). acknowledging receipt of the request in 1

l J

1 Federal Register /Vol. 64, No. 88/ Friday. May 7,1999/ Proposed Rules 24541 the Federal Register. The notice must 2(19). Il7(a).141(h). Pub L.97-425. 96 Stat. 1245.1246 (42 U.S C. 5841. 5842. 5845.

require that public comment on the 2202,2203. 2204. 2222. 2224. (42 U.S C. 5846). Sec 234(a). 83 Stat. 444. as amended request be submitted within 10 days of 10101,10137(a).10161(h)) Subpans K and L by Pub L. 101-134.110 Stat.1321.1321-349 are also luued under sec.133,98 Stat. 2230 (42 U.S C. 2243(a)).

the publication date of the notice. A  !

(42 U.S C.10153) and sec. 218(a). 96 Stat. Sec. 76.7 also issued under Pub. L.95-601.

copy of the request will be made l H h sec.10,92 Stat. a51 (42 U.S C. 5851). Sec.

availabhr for inspection or copying at 76 $'"* ""d*

the NRC Web site http:Nwww.nrc. gov. 58. In S 72.200. paragraph (c) is ne d at 2835.a nend i y Pub I and/or at the NRC Public Document revised to read as follows: L.104 134.110 Stat.1321.1321 -349 (42 Room. The Secretary of the Commission U S C. 2243(f)) Sec. 76 35(j) also issued shall also transmit a copy of the request $ 72.200 Provision of MRS Information. under sec.122,68 Stat. 939 (42 U.S C. 2152) to the U.S. Department of Energy, to the I Governors of the States of the Compact (c) Copies of all communications by 62. In S 76.37, paragraph (a) is revised j region where the waste is generated, to the Director or the Director's designee to read as follows:

the Governors of the States with under this section must be made $ 76.37 Federal Register notice.

operating non Federallow. level available at the NRC Web site, http:N , , , , ,

radioactive waste disposal facilities, to www.nrc. gov, and/or at the NRC Public 1 the Compact Commissions with Document Room, and rnust be furnished (a) A notice of the filing of an operating regional low level radioactive to DOE. application specifying that copies of the waste disposal facilities, and to the appucation, e- ept for Restricted Data.

Governors of the States in the Compact PART 75-SAFEGUARDS ON .ntrolled Nuclear Commissions with operating disposal NUCLEAR MATERIAL- Unclassified Information. (Llassified National facilities. IMPLEMENTATION OF US/lAEA Security Information. Safeguards

, , , , , AGREEMENT Inforrnation. Proprietary Data. or other withholdable information will be made 56, in 5 62.22. paragraph (c) is revised 59. The authority station for part 75 available for the public inspection at the to read as follows: continues to read as follows: NRC Web site, httpNwww nec. gov: l

$ 62.22 Notice of issuance of 4 Authoriry: Secs 53.63.103.104.122.161. l determination. 68 Stat 930. 932. 936. 937. 939. 94 8. as I amended (42 U S C. 2073. 2093. 2133. 2134. PART 100-REACTOR SITE CRITERIA  ;

(c) The Secretary of the Commission 2152 c2 88 at.1242,as

, g 63. The authority citation for part 100 shall make a copy of the final c ntinues to read as follows: 4 Secuan 75.4 also issue determination available for inspection at 141. Pub. L.97-425.96 tat. s.d 2232, under2241 secs (42135- Authority. Secs 103,104,161.182.68 the NRC Web site, http:Nwww.nrc gov. U.S C.10155.10161). Stat 936. 937. 948. 953 as amended (42 PART 72-LICENSING U S C. 2133. 2134. 2201. 2232); secs 201. as j

60. In S 75.2 paragraph (b) is revised REQUIREMENTS FOR THE amended. 202. 88 Stat.124 2. as amended.

to read as follows:

INDEPENDENT STOR AGE OF SPENT 1244 (42 U.S C. 5841. 5842).

NUCLEAR FUEL AND HIGH-LEVEL $ 75.2 Scope. 64. In S 100.11 the undesignated i RADIO ACTIVE WASTE paragraph after the note is removed and )

(b) The United States eligible list is a a new paragraph (c) is added to lead as

57. The authority cttation for part 72 list of installations eligible for IAEA follows:

continues to read as follows: safeguards under the US/IAEA

$ 100.11 Detemu. nation of aclusion, low Authority: Secs 51.53 57.62.63 65.69 Safeguards Agreement uhich the 81,161.182.183.184.18'6.187.189. 68 Stat. Secretary of State or his designee files Quhti n z ne, and p pulation center 929.930.932.933,934.935.948.953,954. with the Commission. A copy of this list , ,' , , ,

955. as amended. sec. 234. 83 Stat. 44 4. as is available for inspection at the NRC amended (42 U.S C. 2071. 2073. 2077. 2092. Web site, httgNwww.nrc gov, and/or at (c) Copies of Technical Information 2093.2095.2099.2111,2201.2232,2233. Document 14844 may be obtained at the the NRC Public Document Room. In accordance with the provisions of the NRC Web site. http:Nww.ntc. gov, at L 86 373 73 t t 688 as a dId (42 the NRC Public Document Room 2120 U.S C. 2021); sec. 201, as amended. 202.206. Agreement. the following activities are 88 Stat.1242. as amended. 1244.1246 (42 excluded f rom the United States eligible L Street NW., Washington DC or by U.S C. 5841. 5842. 5846). Pub L.95-601. sec, list: writing the Director of Nuclear Reactor

10. 92 Stat. 2951, as amended by Pub L.102- (1) Activities having direct national Regulation, U.S. Nuclear Regulatory 486. sec. 7902.106 Stat 3123 (42 U.S C. security significance' Commission. Washington, DC 20555-5851). sec.102. Pub L.91-190. 83 Stat. 853 0001.

(42 U.S C. 4332). secs.131.132.133.135. (2) Activities involving mining and 137.141. Pub L.97-425,96 Stat 2229,2230, ore processing. PART 110--EXPORT AND IMPORT OF 2232, 2241. sec.148. Pub. L.100-203.101 * * * *

• NUCLEAR EQUIPMENT AND Stat.1330-235 (42 U.S C.10151.10152. MATERIAL 10153.10155.10157.10161.10168). PART 76-CERTIFICATION OF Sees 72 44(g) also issued under secs GASEOUS DIFFUSION PLANTS 65. The authority citation for part 110 142(b) and 148(c). (d). Pub. L 100-203, tot continues to read as follows:

Stat.1330-232.1220-236 (42 U.S C. 61. The authority citation for part 76 10162(b).10168(c). (d)). Section 72.46 also continues to read as follows: Authority: Secs 51,53,54,57,63.64.65.

issued under sec.189. 68 Stat. 955 (42 U S C, 81.82.103.104.109.111.126.127.128.129 2239); sec.134. Pub L. 97425. 96 Stat. 2230 Authority: Secs 161. 68 Stat. 948 as 161.181,182.183.187.189,68 Stat. 929.

(42 U.S C.10154). Section 72 96(d) also amended, secs. 1312.1701, as amende:L 106 930.931.932.933.936.937,948.953.954.

hsued under sec. I45(g). Pub L 97-100-203. Stat. 2932. 2951. 2952, 2953. I10 Stat.1321- 955.956. as amended (42 U.S C. 2071. 2073.

101 Star 1330-235 (42 U.S C.10165(g)). 349 (42 U.S C. 2201. 2297b.I1. 2297f); secs 2074.2077.2092-2005.2111,2112.2133 Subpart j also issued under secs 2(2). 2(15), 201, as amended. 204,206. 88 Stat 1244, 2134.2139.2130a.2141.2154-2158.2201.

r' 24542 Federal Rrgister/Vol. 64. No. 88/ Friday May 7.1999/ Proposed Rules 2231-2233, 2237, 2239); sec. 201, 88 Stat. 67. In S 110.70, paragraph (d) is For the Nuclear Regulatory Commission 1242. as amended (42 U.S.C. 5841). sec. 5, removed and paragraph (a) is revised to A. J. Galante.

Pub L.101-575, in4 Stat. 2835 (42 U.S C. read as follows: Chie/Information Officer.

$110.70 Public notice of receipt of [FR Doc. 99-11246 Filed 05-06-99. 8.45 aml lons 110.l(b)(2) and llo.l(b)(3) also BILuNo CooE 759041-P issued under Pub. L 96-92. 93 Stat. 710 (22 application.

U.S.C. 2403). Section 110.11 also issued under sec.122. 68 Stat. 939 (42 U.S C. 2152) (a) The Commission will notice the and secs. 54c and 57d. 88 Stat. 473. 475 (42 receipt of each license application for an DEPARTMENT OF TRANSPORTATION U.S C. 2074). Section 110.27 also issued export or import for which a specific under sec. 309(a). Pub. L.99-440. Section license is required by making a copy Federal Aviation Administration llo.50(b)(3) also issued under sec.123. 92 available at the NRC Web site, http:#

Stat.142 (42 U.S C. 2153). Section i10.51 www.nrc. gov. 14 CFR Part 39 also issued under sec.184,68 Stat. 954 as . . . . .

amended (42 U.S C. 2234). Section i10 52 [ Docket No. 97-NM-151-AD]

also issued under sec.186,68 Stat. 955 (42 68. Section 110.71 is revised to read U.S C. 2236). Sections 110.80-110.113 als RIN 64 as follows:

issued under (5 U.S.C. 552. 554). Sections

!!0.130-110.135 also issued under (5 U.S C. 6110.71 Notice of withdrawal of an Airworthiness Directives; Saab Model 553). Sections 110.2 and 110 42(a)(9) also application. SAAB 2000 Series Airplanes issued under sec. 903. Pub. L.102-496 (42 4 U.S C. 2151 et seq ). The Commission will notice the AGENCY: Federal Aviation withdrawal of an application by making Administration. DOT.

66. In S 110.2 the definition of Public a copy available at the NRC Web site. ACTION: Supplemental notice of Document Room is removed and new http:Nwww.nre. gov. proposed rulemaking: reopening of definitions of NRC Public Document

69. In 5110.72. the section heading comment period.

Room and NRC Web site are added to read as follows: and introductory text are revised to read

SUMMARY

This document revises an as follows: earlier proposed airworthiness directive

. . . $ 110.72 Public avallat,ility of documents. (AD), applicable to certain Saab Model SAAB 2000 series airplanes, that would ,

NRC Public Document Room means Unless exempt from disclosure under have required repetitive inspections for i the facility at 2120 L Street. NW.. part 9 of this chap'er the following excessive wear of the aileron control I Washington. DC where certain public documents pertatuing to each license cables, cable guides, and cable pulleys records of the NRC that were made and license application for an import or located at the rear wing spars: and available for public inspection in paper export requiring a specific license under corrective actions, if necessary. That or microfiche prior to the this part will be made available at the proposal also would have required implementation of the NRC Agencywide NRC Web site, http:Nwww.nrc. gov, and/ repetitive replacement of the control Documents Access and Management or at the NRC Public Document Room: cables and cable guides with new or System. commonly referred to as . . . . . serviceable components. That proposal ADAMS will remain available for was prompted by issuance of mandatory public inspection. It is also the place 70. In S 110112. paragraph (b) is continuing airworthiness information by where computer terminals are available revised to read as follows: a foreign civil airworthiness authority.

to access the Electronic Reading Room This new action revises the proposed

$ 110.112 Reporter and transcript for an component of ADAMS on the NRC Web oral hearing. rule by expanding the applicability of site http:Nwww.ntc. gov, where copies . . . . . the proposed rule to include additional can be made or ordered as set forth in airplanes. In addition, this new action S 9.35. The facility is staffed with (b) Except for any classified portions. provides for optional terminating action reference librarians to assist the public transcripts will be made available at the for the repetitive inspections. The in identifying and locating documents NRC Web site. http:Nwww.nrc. gov, and/ actions specified by this new proposed and in using the NRC Web site and or at the NRC Public Document Room. AD are intended to detect and correct ADAMS. The NRC Public Document . - * * -

excessive wear on the alleron control Room is open from 7:45 am to 4.15 pm. cables, cable guides, and cable pulleys Monday through Friday, except on 71. In S 110.!!3. paragraph (c) is located at the rear wing spars, which Federal holidavs. Reference service and revised to read as follows: could result in broken alleron control access to doct ents may also be 9110.113 Commission action. cables and consequent reduced requested by telephone (202-634-3273 . . . . . controllability of the airplane.

or 800-397-4209) between 8:30 am and DATES: Comments must be received by 4:15 pm. or by e-mail (PDR@nre gov). (c) If the Commission considers June 1.1999.

fax (202-634-3343), or letter (NRC information not in the hearing record in reaching its hcensing decision, the ADDRESSES: Submit comments in Public Document Room. LL-6.

Washington DC 20555-0001). hearing participants will be informed triplicate to the Federal Aviation

. . . . . and, if not classified or otherwise Administration (FAA). Transport privileged. the information will be made Airplane Directorate. ANM-114.

NRC Web site, http:Nwww.nrc gov. is Attention: Rules Docket No. 97-NM-the Internet uniform resource locator vailable at the NRC % eb site. http:N 151-AD.1601 Lind Avenue. SW..

name for the Internet address of the Web www.nre gov, and furnished to the Renton, Washington 98055-4056.

site where NRC will ordinarily make Participants.

Comments may be inspected at this available its public records for location between 9.00 a.m. and 3:00 inspection- Dated at Rockville. Md. this 13 day or p.m.. Monday through Friday, except

• = * *

• April,1999 Federal holidays.

=.- ,

ACnog i

EDO Principal Correspondence Control FROM DUE: 06/22/99 EDO CONTROL: Gl9990293 DOC DT: 05/28/99 FINAL REPLY:

Raymond C. Vaughan Coalition of West Valley Nuclear Wastes i

TO:

A. Viette-Cook, SECY FOR SIGNATURE OF : ** GRN ** CRC NO: 99-0512 Paperiello, NMSS DESC ROUTING:

AVAILABILITY OF DOCUMENTS TO THE PDR -- WITH Travers REGARD TO WEST VALLEY Knapp Miraglia Norry Blaha BurnL DATE: 06/08/99 ASSIGNED TO: CONTACT:

_NMSS _Paperiello l 1

SPECIAL INSTRUCTIONS OR REMARKS:

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Due to NMS3 circhs Office 3

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'D 4 OFFICE OF THE SECRETARY

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. PAPER NUMBER: -CRC-99-0512 LOGGING DATE: Jun 3 99

, ACTION OFFICE: EDO AUTHOR:- RAYMOND VAUGHAN-'

AFFILIATION

NEW YORK ADDRESSEE': ANNETTE VIETTI-COC1.

. LETTER DATE: May 28 99 FILE CODE:

SUBJECT:

AVAILABILITY OF' DOCUMENTS TO THE PDR ACTION: Direct. Reply ,

l

' DISTRIBUTION:. 'SECY'TO ACK- -j

'SPECIAL. HANDLING: .NONE )

i CONSTITUENT:

NOTES: REASSIGNED TO EDO PER CIO/MOORIN DATE DUE: Jun 22 99 i

SIGNATURE: . DATE SIGNED:

' AFFILIATION: l 4

k' EDO --G19990293 c_.