ML20207H487

Proposed Rules 10CFR1,2,7,9,50,51,52,60,62,72,76,100 & 110, Electronic Availability of NRC Public Records & Ending of NRC Local PDR Program. Rule Would Reflect Change in Way That Records Will Be Made Available to Public

ML20207H487
Person / Time
Issue date:	05/07/1999
From:	NRC
To:
References
FRN-64FR24531, RULE-PR-1, RULE-PR-100, RULE-PR-110, RULE-PR-2, RULE-PR-50, RULE-PR-51, RULE-PR-52, RULE-PR-60, RULE-PR-62, RULE-PR-7, RULE-PR-72, RULE-PR-76, RULE-PR-9 PR-990507, NUDOCS 9906170092
Download: ML20207H487 (12)

Text

i 24531 Proposed Rules r d- "t+<-

Vol. 64, No. 88 Friday, May 7,1999 TNs secten of the FEDERAL REGISTER Management Division, Office of the records and to identify any potential contans nonces to the public of the proposed Chief information Officer, U.S. Nuclear unique situations where the electronic issuance of rules and reguistons. The Regulatory Commission Washington, availability of records may not provide purpose of these notices is to give interested D.C. 20555-0001, telephone (301) 415- adequate records availability.

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$UPPLEMENTARY INFORMATION:The The NRC currently maintains 86 LPDRs in the vicinity of nuclear reactor Nuclear Regulatory Commission is and materials licensees: 72 support 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 higWvel CORMESSION keeping system for NRC records. The waste repositories: and the rexuining 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 62,72,75,76,100, and 110 System (ADAMS) to provide for the where LPDRs are currently located gge,7 electronic 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.

Records and Ending of NRC Local official 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 libraries the opportunity to keep their Commission. ADAMS. The regulations governin8 current LPDR document collections so ACTION: Proposed rule. which records are publicly available the pre-ADAMS LPDR collections can

SUMMARY

The Nuclear Regulatory will be unaffected by this proposed rule. continue to be available in the local Commission (NRC)is p oposing Publici available records will be ame-dments to its regulations that accessi le electronically from the communities.

this offer to transferThe decision ownership of t eseto acceht ADAMS Public 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 ;ite, http:#www.ntc. gov. will be mainta:ned will be at the sole The amendments are intended to reflect (the Elect %nic Reading Room). discretion ofeach library.

thi NRC's decision to implement a new Witen ADAMS becomes operational. ADAMS will provide the following '

/

document management system that NRC intends to discontinue furnishin8 added benefits that should preclude or would permit the electronic storagc, Pa er and microfiche co tes ofits minimize any public concerns regarding ,,

retrieval, and on line orderir.g of publicly available NRC official records pu licly available recor s to the NRC Public Document Room (PDR), located the impact from discontinuing the LPDR program: l-h through the NRC Web site.

I" p ;Dm ashl 8 " Ca the L al 1. ADAMS Internet access will R

DATES: Submit comments by June 21, located near nuclear power plants and Provide access to new records in full 1999. Comments received after this date other nuclear facilities. Under ADAMS, text and image.

will be considered if it is practical to d NRC would initially begin making 2. ADAMS will provide an improved so, but assurance of consideration electronic search capability. Under the available electronically through 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. Internet Web site, imaged copies of its indexes and abstracts for most records ADOREssES: Submit comments to: r.ewly received and created publicly 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. However, 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 hockville 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 constraints and the 4. Internet public access to the NRC You may also provid r comments via improved access to newly received and Web site will provide direct access to a ths 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.nrc. 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, trDRs.

(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 tLe public for sits, 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 ge electronic availability of still be able to obtain paper copies of l 99 61

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24532 Fed;r:1 Register /Vol. 64, No. 88/ Friday, May 7,1999/ Proposed Rules new electronic records by printing them Section 9.21(d) would be d:11ted 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 l PDR, mail, e-mail, fax or by calling the versions of final opinions and orders, available for public inspection and J PDR Reference Services on the toll-free referred to in $ 9.2(c)(1), are available copying The rule would not have any I 800 telephone number. Bibliographic from the NTIS in the publication, adverse economic impact on any class j descriptions of documents currently Nuclear Regulatory Issuances (NUREG- of licensee or the NRC. To the contrary, l identified in the PDR's Bibliographic 0750). The reference to interpretations the proposed rule with its new Retrieval System (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 i This would also allow the public t Section 9.23(a)(2) would be deleted libraries to NRC publicly released j

order copies of pre ADAMS paper and because it repeats information included records would provide some new and i microfiche records. The public would in the revised S 9,21(a). Section 51.123 additional benefits to those seeking clso 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 fo- facliities where LPDRs are currently 4 and would be able to download the draft environmental impact statements located revealed that all but six now l 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 Because records would be released Chan8es would be made in several discontinue the LPDR program, it plans sections to reflect the correct narr.e of electronically to the public rather than the NRC PDR. In addition, several WW M LPDR in paper or microfiche, this rule would libraries the o portunity to keep their amend the regulations in 10 CFR parts nusspelling corrections would be made. current LPDR document collections so 1,2,7,9,50,51,52,60,62,72,75,76, Plain Language the pre-ADAMS LPDR collections can 100, and 110 to reflect the manner m 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 Covernment Writmg, directed that discontinuance of NRC support of the Federal government's writing be in Regulatory Flexibility Cenification 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 o'f 1980,5 U.S.C. 605(b),

2.1231 (a)(1)(li), and (b); 9.35 (b) and (e); specifically with respect to the clarity the Commission certifies that this rule, 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, appecdix Q, section 4, and listed above. number of small entities. Tbe proposed 76.37(a). En vironmental Impact--Ca tegorical 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 th.is proposed changes would not have an 60.2, and 110.2 is now in a new proposed rule is the type of action ad"erse economic impact on any class paragraph and would be revised to described m categorical exclusion 10 of licensee, including small entities, or refled 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 environmentalimpact 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 tlu.s 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 State;nent records. ]

PDR. A new paragraph would define the Any small entity subject to this NRC Web site as the Imernet location This proposed rule does not contain regulation tbt determines, because of where NRC records are made available a new or amerdcd information its size,it is likely to bear a for public inspection and copying and collection requirement subject to the disproportionate adverse economic Paperwork Reduction Act of 1995 (44 that the public can also order copies of impact should notify the Commission of documents from the PDR through the U.S.C. 3501 et sog.). Existmg this in a comment that indicates-NRC Web site, requirements were approved by the Office of Management and Budget, (a) The licensee's s.ize and how the Section 9.2(a) would be revised to delete the reference to the availability of approval numbers 3150-0043,3150- P,mPosed regulation would result in a 0011.3150-0021,3t50-0151,3150- significant economic burden upon the records on 48x microfiche through the National Technical Information Service 0127, 3150-0 t 43, 3150-0132,3150- licensee as compare,d to the econculc 0055,3M0-0093, and 3150-0036. burden on a larger hcensee; (NTIS), When NRC begins making its records available from the NRC Web (b)liow 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 imposo 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 $ 9.21(a). the NRC may not conduct or sponsor the detriments that would be avoided, if

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'r'eder:1 Regist:r/Vol. 64, No. 88/Fridly, May 7,1999/ Proposed Rul:s 24533 the proposed regulations were modified power plants and reactors, Probabilistic PART 1-STATEMENT OF as sugpsted by the licensee; and risk assessment, Prototype, Reactor ORGANIZATION AND GENERAL (d)llow 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 1 more equal access to the benefits of certification. continues to read as follows:

Federal programs as opposed to 10 CFR Pan 60 Authority: Socs. 23,161,68 Stat. 925,948, providing special advantages to any as amended (42 U.S.C 2033,2201); sec. 29, W Individual or group. Criminal penalties, liigh-level waste, Pub. L 85-256,71 Stat. 579 Pub. L 95-209, BacMt Analysis Nuclear power plants and reactors, 91 Stat.1483 (42 U.S.C 2039); sec.191, Pub.

Nuclear materials, Reporting and L 87-615,76 Stat. 409 (42 U.S.C 22411; secs.

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. 4 8 proposed rule; and therefore, a backfit Q yyj8,es amend g, ,849 U S$C m ,

Olalysis is not required for this 10 CFR Part 62 553; Reorganir.ation Plan No.1 of 1980,45 FR 40561, lune 18,1980.

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 backfits access to low-level waste disposal, Low. read as follows:

as defined in to CFR Chapter L level radioactive waste, Low-level radioactive treatment and disposal. 31.3 sourcesof adottionalinformation.

'I'I 'f Sub '

Low-level waste policy amendments act (a) A statement of the NRC's 20 CFR Part J of 1985, Nuclear materials, Reporting organization, policies, procedures, Organir.ation and functions and recordkeeping requirements. assignments of responsibility, and (Government Agencies). delegations of authority is in the 10 CFR Part 72 Nuclear Regulatory Commission 10 CFR Part 2 Intergovernmental relations, Management Directives System and Manpower training programs, Nuclear other NRC issuances, including local Administrative practice and materials, Nuclear power plants and directives issued by Regional Offices.

procedure, Antitrust, Byproduct Letters and memoranda containing

. material, Classified Information, reactors, Reporting and recordkeeping requirements, Secunty measures. directives, delegations of authority and Environmental protection, Nuclear g gg gg materials, Nudear power plants and 10 CFR Part 75 reactors Penalties, Sex discrimination, time and may not yet be incorporated Source material, Special nuclear Criminal penalties Intergovernmental into the Management Directives System, parts of which are revised as necessary, material, Waste treatment and disposal. relations, Nuclear materials, Nuclear Copies of the Management Directives power plants and reactors, Reporting and recordkeeping requirements' System and other delegations of Security measures. authority are available for public Advisory committees, Sunshine Act.

inspection and copying for a fee at the 10 CFR Part 3 20 CFR Part 76 NRC Public Document Room,2120 L Street, NW., Washingtor, DC, and at Criminal Penalties Freedom of Certification, Criminal penalties, each of NRC's Regioni.I Offices.

Informatir n, Pmcy, Reporting and Radiation protection, Reporting and Information may also be obtained from recordkeeping requirements, Sunshine recordkeeping requirements, Secunty the Office of Public Affairs or from Act. measures, Speclaf nuclear material.

Public Affairs Officers at the Regional Uranium enrichment by gaseous Offices. In addition, NRC Functional 10 CFR Part 5J diffusion.

Organization Charts, NUREG-0325, Antitrust, Classified information, 10 CFR Part 100 contains detailed descriptions of the Criminal penalties, Fire protection, functional reaponsibilities 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 protectlon, Reactor siting criteria, 20 CFR Part 2 20 NRC Web site, http://www.nre. gov, and/

Reporting and recordkeeping or at the NRC Public Document Room, requirements.

ministrative practice and procedure, or for purchase from the Supe intendent Classified Information, Criminal of Documents U.S. Government 10 CFR Part 52 penalties, Emort, import, Printing Office, P.O. Box 37082, Adm!nistrative practice and Intergovernmental relations, Nacicar Washington, D.C. 20013-7082; and from procedure, Environmentalimpact materials Nuclear power plants aad the National TechnicalInfarmation statement Nuclearmaterials, Nuclear reactors, Rep.>rting and recordkeeping Service, Springfield, VA 1161.

power plants and reactors, Radiation requirements. Scientific equipment. . . . . .

protection, Reactor siting criteria, For the reasons set (,ut in the Reporting and records. preamble and under the authority of the PART 2-RULES OF PRACTICE FOR 20 CFR Part 52 At mic Energy Act o'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 reri as follows:

Emergency planning Fees, inspection, 50, 51 52,60, 62, 72, 75, 76,130 and Authority: Secs.161, t al,68 Stat. 94a.

Limited Work Authorization,Nnclear 110. 953, as amended (42 U.S.C 2201,2231); sec 24534 Federal Register /Vol. 64, No. 88/ Friday, M:y 7,1999/ Proposed Rules 191, as amended, Pub. L 87-615,76 Stat. 409 this chapter, The facility is staffed with 6 2.110 FlHng and administrative action on 147 U.S.C 2241); sec. 201,88 Stat.1242, as reference librarians to assist the public submHtsls for design pview or early elle amended (42 U.S.C $641); 5 U.S.C 552. review of alte sultabHHy lesues.

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, l NRC staff and the ACRS of a submittal 97 '25, Monday through Friday, except on of the type described in paragraph (a)(1) f5 114 f) I tat Federal holidays. Reference service and of this section, the Director of the Office 2213, as arnended (42 U.S.C 10143(f)). sec. 102, Pub. L 91-190,83 Stat. 853, as amended access to documents may also be of Nuclear Reactor Regulation shall (42 U.S.C 4332); sec. 301,88 Stat.1248 (42 requested by telephone (202-634-3273 publish in the Federal Register a U.S.C 5871). Sections 2.102,2.103,2.104, or 800-397.-4209) between 8:30 am and determination as to whether or not 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 104,105,1831,189,68 Stat. 936,937,938, fax (202-634-3343), or letter (NRC conditions as may be appropriatA and 954,955, as amended (42 U.S.C 2132,2133' Public Document Room, Lle-6, shall make available at the NRC Web

' 8 ssue'd e b.L 97 4 S 2 Washington, DC 20555-0001). site, http://www.nre. gov, a report that (42 U.S.C 2239). Sections 2.200-2.206 also

• * * *

• analyzes the design.

Issued under secs.161 b, I, o,182,186,234, 7. In S 2.206, paragraph (a) is revisel NRC Web site, http://www.nrc. gov, is

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the Internet uniform resource locator to read as follows:

nd d (4 1.S. 2'201 (l), (o), 2236, 2282); sec. 206,88 Stat.1246 (42 U.S.C name for the Internet address of the Web $ 2.208 Requests for action under tNs 5846). Sections 2.205(l) also issued under site where NRC will ordinarily make subpart.

Pub. L.101-410,104 Stat. 90, as amended by available its public records for section 3100(s), Pub. L 104-134,110 Stat. inspection. (a) Any person may file a request to 1321-373 (28 U.S.C 2461 note). Sections . . . . .

Institute a proceeding pursuant to 2.600-2.606 also issued under sec.102, Pub. $ 2.202 to modify, suspend, or revoke a L 91-190. 83 Stat. 853, as amended (42 5. In S 2.101, paragraph (a)(2) is license, or for any other action as may U.S.C 4332). Sections 2.700s,2.719 also revised to read as follows: be proper. Requests must be addressed issued under 5 U.S.C 554. Sections 2.754. to the Executive Director for Operations 2.760,2.770,2.780 alto issued under 5 U.S.C $ 2.101 Filing of application. and must be filed either by delivery to y, ','b(4 j 97 s d* '

223 (a) * *

• the NRC Public Document Room at 2120 L Street NW, Washington, DC., or by (42 U.S.C 10155,10161). Section 2.790 also (2) Each application for a license for issued under sec.103,68 Stat. 936, as a facility or for receipt of waste mail or, telegram addressed to the amended (42 U.S.C 2133) and 5 U.S.C 552. Executive Director for Operations U.S.

radloactive material from other persons Sections 2.800 and 2.s08 also issued under Nuclear Regulatory Commission.

5 U.S.C. 553. Section 2.809 also issued under for the purpose of commercial dis osal Washington, DC,20555-0001, The 5 U.S.C 553 and sec. 29. Pub. L 85-256,71 by the waste disposallicensee wil be request must specify the action Stat. 579, as amended (42 U.S.C 2039). assigned a docket number. However, to Subpart K also issued under sec.189,68 Stat. allow a determination as to whether an "9uested and set forth the facts that 955 (42 U.S.C 2239). Sec.134, Pub. L 97- constitute die basis ior die request. The 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 refer the request to the Director of the L also issued under sec.189,68 Stat. 955 (42 utilization facility is complete and U.S.C 2239). Subpart M also issued under NRC office with responsibility for the sec.184 (42 U.S.C 2234) and sec.189,68 acceptable for docketin8,it will be subject matter of the request for Stat. 955 (42 U.S.C 2239). Appendix A also initially treated as a tendered appropriate action in accordance with issued under sec. 6. Pub. L 91-560. 84 Stat. application. A copy of the tendered paragraph (b) of this section.

1473 (42 U.S.C 2135). application will be available for public , , , , ,

inspection at the NRC Web site, http:/

4. Section 2.4 is amended by adding /www.nrc. gov, and/or at the NRC Public 8. In S 2.701, paragraph (a)(1) is 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 follows: $1701 Filing of documents.

docketing will be made within a period * * * *

• g 2.4 Dea lnitions. of thirty (30) days. However,in selected

. . . . . construction permit applications, the (a) * *

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

technicalafeguacy of the ap lication as Washington, DC, or Wash n, D C who hublic records of the NRC that were made ** "' ' .C mP eteness, in ese cases, . . . . .

available for public inspection in paper gh;",*t 9. In S 2.740, para sph (b)(1)is o of n revned to read s fo ows:

or microfiche prior to the issued as soon as practicable after the 8Pplication has been tendered, and the $ 2.740 General prosteions gowrning ments c s d n8n determination of acceptability willbe discowry.

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

• ADAMS, will remala available for (60) days. For docketing and other ...

public inspection. It i.' also the place i

where NRC makes computer terminals requirements to part 61 of thisfor ahplications c pter, pursuant (1)In genem1. Partles may obtain see paragraph I available to access the 1.loctronic (g) of this section' discovery regarding an matter, not i

Reeding Room component of ADAMS , , , , , privileged, which is re evant to the on the NRC Web site, http:// subject matter involved in the www.nic. gov, and where copies can be 6. In S 2.110, paragraph (c) is revised proceeding, whether it relates to the made or ordered as set forth in $ 9.35of to read as follows: claim or defense of any other party,

Federal Register /Vol. 64, No. 88/ Friday, May 7,1999/ Proposed Rules 24535 l Including the existence, description, documents, including but not limited to or, in appropriate cases, may be invited nature, custody, conddon, and location correspondence to and from the NRC for the first time upon publication in the cf any books, documents, or other regarding the issuance, denial, Federal Register of a proposed rule tangible things and the identity and amendment, transfer, renewal, developed in response to the petition.

location of persons having knowledge of modification, suspension, revocation, or Publication will be limited by the any discoverable matter. When any violation of a license, permit, or order, requirement = of section 181 of the book, document or other tangible thing or regarding a rulemaking pmceeding Atomic Energy Act of1954, 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.

site, http://www.ntc. gov, and/or the nondisclosure after a balancing of the . . . . .

NRC Public Document Room, sufficient interests of the person or agency urging res onse to an interro atory involving nondisclosure and the ublic interest in T eD ct visio su materials would e the location, disclosure, be exempt rom disclosure es Of f the title and a and will be made available for Administration, will prepare on a relevant book,page document reference or tangibleto the inspection and copying at the NRC Web semiannual basis a summary of thing. In a proceeding on an application sito, http://www.nrc. gov, and/or at the Petitions for rulemaking before the f:r a construction permit or an operating NRC Public Document Room, except for Commission, mcluding the status of license for a production or utilizatien matters that are: each petition. A copy of the report will facility, discovery begins only after the * * * *

• be available for public inepection and prehearing conference prr>vided for in (c)If a request for withholding copying at the NRC Web site, http://

$ 2.751a and relates only to those ursuant to paragraph (b) of this section wwntc.g v, and/or at the NPC Public matters in controversy which have been fs denied, the Commission will notify Docuent Room.

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

cntere.1 at the conclusion of that notice of denial will specif a time, not prehearing conference. In such a less than thirty (30) days aker the date proceeding, no discovery may take place of the notice, when the document will I I", ",'** *', Proposed mMng.

efter the beginning of the prehearing be available at the NRC Web site, http:/ (b) * *

• conference held pursuant to 5 2.752 /www.nrc. gov. If, within the time sxcept upon leave of the residing (2) The manner and time within specified in the notice, the applicant which interested members of the public officer upon good cause s own. It is not requests withdrawalof the document, may comment, and a statement that ground for objection that the the dccument will not be available at les of comments may be examined information sought will be inadmissible the bPf' w eb site, wj be maae available at the NRC Web at the hearing if the information sought http:/m sw.nre. gov, and will be coft sppears reasonably calculated to lead to returned to the applicant: Provided, that 8gg,* , ,

3ftP,jfwmnic. gov; the discovery of admissible evidence. information submitted in a rule making ~

e a a a e proceeding which subsequently forms 14. In S 2.809, paragraph (a) is revised

10. In $ 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 $ 2.809 Perticipation by the Advi" Cannme on Reactw Safeguanis."Y

$ 2.750 Official reporter; trenecript. the applicant after denial 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 stinographically or by other means, by a request for withholding pursuant to that the Commission initiate rulemaking en 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 applicant ofits determination to recommendation in writing within 90 Commission. The transcript prepared by withhold the information from public days, noting its intent to implement, tha 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 $ 2.802, paragraphs (e) and (g) Commission decides not to accept or order of the Commission, the tre.r. script are revised to read as follows: decides to defer action on the will be available for inspection a: the recommendation, it will give its reasons NRC Web site, http://www.nre. gov, and/ $ ? 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 f acludes the information required by NRC Web site, http://www.ntc. gov, official reporter on payment of the paragraph (c) of this section and is following transmittal of the sps.dfied charges. complete, the Director, Division of Commission's response to the ACRS.

. . . =

• Administrative Services, Office of + + + = *

11. In $ 2.790, the introductory text of Administration, or designea, will assign 15. In 6 2.1007, paragraph (a)(3) is parc.p;ph (a) and aragraph (c) are a docket number to the etition, will cause the petition to be rmally removed and reserved and agra revised to read as ollows (a)(2)is revised to read as folfows:ph docketed, and will make a copy of the

$ 2.700 Public inspections, exempt 6ons, docketed petition available at the NRC requeste tw Mthholding* $ 2.1007 Access.

Web site, http://www.nrc. gov. Public (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, accus to the Licensing Support

24538 Federal Register /Vol. 64, No. 38/ Friday, M1y 7,1999/Propos:d Rules Notwork shall be provided at the NRC documents pertaining to each $ 7.11 The Designated Federal Officer.

Web site, http://www.nre. gov, and/or at application for a license transfer * * * *

• i the NRC Public Document Room requiring Commission approval will be l beginning in the pelicense application placed at the NRC Web site, http://

(d) * *

• phase. www.nre. gov, when available: (5) Make copies of committee

• *

• documents required to be maintained (3) (Reserved). * *

• * * *

• for public inspection and copying

19. In 6 2.1306, paragraph (c)(2) is pursuant to 5 7.14(b) avallable at the

16. In $ 2.1231, paragraphs (a)(1)(li), 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.

follows: i 2.1306 Hearing request or intervention petition. 24. Section 7.14 is revised to read as 62.1231 Hearing flie; prohibition on . . . . . follows:

discowry.

(c) * * * $ 7.14 Public information on advloory (a) * * * (2) 45 days after notice of receipt is comrnittees.

(1) * *

• placed at the NRC Web site, http:// (a) The Nuclear Regulatory (ii) Making the file available at the www.ntc. gov, for all other applications: Commission shall maintain systematic NRC Web site, http://www.nre. gov, or information on the nature, functions, (2) The hearing file also must be made and operations of each NRC advisory cvailable for public ins ction and 20. In $ 2.1330, paragraph (b) is committee. A complete set of the copying at it's NRC We site, http:// revised to read as follows charters of NRC advisory committees www.nm.pv, and/or at the NRC Public and copies of the annual reports Document Room. $ 2.1330 Reportw and transcript for an required by $ 7.17(a) will be maintained (b) The hearing file will consist of the "*'"**""8'. . .

for public inspection at either the NRC application and any amendment thereto, Web site, http://www.nrc. gov; and/or at my NRC environmentalimpact (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 ofInformation Act (5 U.S.C.

my correspondence between the reflected in 10 CFR 2.790, tra nscripts $52) and NRC's Freedom ofInformation 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. IIearing file http://www.nrc. 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.nre. gov, and/or at Nuclear Regulatory Commission, appendices, working papers, drA, the NRC Public Document Room when Washington, DC 20555-0001. studies, agenda, and other documera ths hearing request is granted may be shall be .nalntained for public incorporated into the hearing file at ir.spection and copying at the NRC Web those locations by a reference indicating PART 7-ADVISORY COMMITTEES site, http://www.nic. gov;and/or at the where at those locations the documents NRC Public Document Room.

can be found. The presiding officer shall 21. The authority citation for part 7 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.1st,68 Stat. 948, as file, amended (42 U.S.C. 2201h sec. 201,88 Stat. $ 7.17 Reports rooulted for advisory

. . . . . 1242, as amended (42 U.S.C. 584th Pub. L. committees.92-483,86 Stat. 770 (5 U.S.C. App 4

17. In S 23 301, aragraphs (a) and (c) (a) The Commission shall furnish a tre revised to rea as follows: 22. In S 7.10, paragraph (b)(6) is report on the activities of NRC advisory revised to read as follows: committees annually to tho

$ 2.1301 Public notice of receipt of a license trenefer application. Administrator and the GSA Secretariat G 7.10 The NRC Advisory Committee mnegement omew. on a fiscal year basis. The report must (a) The Commission will notice the * * * *

• contain information regarding NRC 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 lic;nse by placing a copy of the (6) Ensum that, subject to the report to the Congress and be consistent application at the NRC Web site, http:/ Freedom ofInformation Act and NRC's with instructions provided by the GSA

/www.nrc. 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://

(c) Periodic lists of applications the records, reports, transcript minutes, www.nre. gov, and/or at the NRC Public re nived may be obtained upon request appendices, working papers, drafts, Document Room.

eddressed to the NRC Public Document studies, agenda, or other documents that (b) Any NRC advisory committee Room, U.S. Nuclear Regulatory were made available to or prepared for holding closed meetings shallissue a Commission, Washington, DC 20555 or by each NRC advisory committee are report, at least annually, setting forth a 0001. available for public inspection and summary ofits activities consistent witn

18. In 6 2.1303, the section heading C Pying at tha NRC Web site http:// the policy of the Government in the and the introductory paragraph are www.nm.g v, and/or at the NRC Public Sunshine Act (5 U.S.C. 552b), as revised to read as follows: Document Room, until the advisory irnplemented by 10 CFR 9.104. A copy committee ceases to er.ist. of the repo.t is mado available at the

$ 2.1303 Aveliability of documents. * * * *

• NRC Web site, http://www.ntc. gov, and/

Unless exempt from disclosure under 23. In 6 7.11, paragraph (d)(5) is or at the NRC Public Document Room, part 9 of this chapter, the following revised to read as follows: * * * *

• I i

Fed:r:1 Regist:r/Vol. 64, No. 88/ Friday, May 7,1999/ Proposed Rules 24537 PART S-PUBLIC RECORDS purchase through the National $ 9.35 DupHcation fees.

TechnicalInformation Service. (a) * * *

26. The authority citation for part 9 28. In 9 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  !

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 amended (42 U.S.C. 2201); sec. 201,88 Stat. read as follows: public. Paper to paper copy is $0.08 per 1242, as amended (42 U.S C. 5841). i 3 9.23 Requests for records. Page. Microfiche to paper is 50.10 per l 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. Sul part records routinely made available by the C is also issued under 5 U.S.C. 552b. NRC under S 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 the NRC Public Document Room,2120 immediately pending completion of the follows: final rulemaking that amends this L Street, NW, Washington, DC 20555-3 9.21 PubHcly eveHable records. 0001, secdon to reflect the new charges. The (i) F.ach mcord requested must be L, mmi851 n will ost P the charges that (a) Single cop!ss of NRC publications will be in effect for the interim period in the NUREG series, NRC Regulatory described in sufficient detail to enable  !

Guides, and Standard Review Plans can the NRC Public Document Room staff t at the NRC Public Document Room. The l locate the record. Commi'ssion will publish a final rule in  !

be ordered from the National Technical Information Service,5285 Port Royal (ii) In order to obtain copies of records the Federal Register that includes the expeditiously, a person may open an new charges within 15 working days i Road, Springfield, Virginia, 22161. from the beginning of the interim I (b) For the convenience of account at the Nf!C Public Document period.

who may wish to inspect withersons out Rum with the pnvate contracting firm (b) The NRC will assess the following charge, or purchase copies of a record or that is responsible for duplicating NRC charges for copies of records to be a limited category of records for a fee, records.

duplicated by the NRC at locations other l publicly available records of the NRC's (2)(Reserved)

• * * *

• than the NRC Public Document Room activities described in paragraph (c) of located in Washington, DC.:

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

ths NRC Web site, http://www.nre. 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 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 6 9.45 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 Federt,1 holidays. discretion, make the record available for * * * * *

(c) The following records of NRC inspection and copying at either of the (b) The NRC will make a copy of the activities are available for public locations.

most recent report available to the l inspection and copying: (d) * *

• public at the NRC Web site, http://

(1) Final opinions including (2)If the requested record has been www.nrc. gov.

concurring and dissenting opinions as Pl aced on the NRC Intemet Web site, 31. In 9 9.105, paragraph (b) is revised wall as orders of the NRC issued as a under S 9.21, the NRC may inform the I 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://www.ntc. gov, S 9.105 Commission procedures.

interpretations that have been adopted and/or at the NRC Public Document * * * *

• 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; obtained in accordance with the pursuant to paragraph (a) of this section.

(3) Nuclear Regulatwy Commission Procedures set forth m paragraph (a) of 5 9.106(a), or 5 9.108(c), the Secretary rules and regulations *, dus section. shall make publicly available at the NRC (4) Nuclear Regulatory Commission (e) The Freedom of Information Act Web site, http://www.ntr. gov, a written M:nuals and instructions to NRC and Privacy Act Officer will promptly copy of such vote reflecting the vote of personnel that affect any member of the forward a Freedom ofInformation Act each member on the question. If a request made under paragraph (b) of this portion of a meeting is to be closed to Pubilc:

(5) Copies of records that have been section for an agency record to the head the public, the Secretary shall, within of the office (s) primarily concemed 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 cfInformation Act that, because of the The responsible office will conduct a reture of their subjec' matter, the NRC 5 9.106(a), make publicly available at search for the agency records responsive the NRC Web site, http://www.nrc. gov, a determines have become or are likely to to the request and compile those agency full written explanation ofits action become the subject of subsequent records to be reviewed for initial requests for substantially the same closing tha portica together with a list 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 pubhcly available at the NRC Web 32. In 9 9.107, paragraph (d)(1) is released under the FOLA. site, http://www.nrc. gov, and/or at the revised to read as follow *:

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

records made publicly available under 29. In S 9.35, paragraph (e) is 60.107 Put$c announcement of paragraph (c)(1) of this section are removed, paragraphs (a)(2), (a)(5) and commission meeenge.

sv;ilable under the title, Nuclear (b), introductory text, are revised to read * * * *

• RegulotoryIssuonces, NUREG-0750, for as follows: (d) * * *:

, __o

24338 Feder:1 Regiat;r/Vol. 64, No. 88/ Friday, May 7,1999/ Proposed Rules (1) Publicly posting a copy of the Q also issued under sec.10. Pub. L. '11-190, 5 50.66 Requirements for thermal document at the NRC Web site, http:// 83 Stat. 853 (42 U.S.C 4332). Sections 50.34 anneating of the reactor pressure vesset.

and 50.54 also issued under sec. 204,88 Stat. (a) For those light water nuclear www.nrc. gov,; and, to the extent appropriate under the circumstances: ,1245j42n

,, erN. 2 2 3 R 993 m p. , Power reactors where neutron radiation

p. 570, E.O.12958, as amended. 'l CFR 1995 has reduced the fracture toughness of the reactor vessel materials, a thermal

33. In S 9.108, paragraph (b) is revised Comp., p. 333, E.O.12968,3 CFR 1995 to read as follows: Comp., p. 391). Sections 50.58. 50.91, and annealing may be applied to the reactor 50.92 also issued under Pub. L.97-415,96 vessel to recover the fracture toughness

$ 9.108 Certification, transenPl*, Stat. 2073 (42 U.S.C. 2239). Section 50.78 of the material. The use of a thermal recordings and minutes, al .o issued under sec.122,68 Stat. 939 (42 annealing treatment is subject to the U.S.C 2152). Sections 50.80-50.81 als requir9ments in this section. A report istued under sec.184,68 Stat. 954, as (b) The Commission shall make descridng the licensee's plan for dd U *l di F promptly available to the public at the [ed uj4es 87 8 S(b alsg conducting th,e thermal annealing must NRC Web site, http://www.nre. gov, the 2237).

be submitted m accordance with S 50.4 transcnpt, electronic recording, or at least three years prior to the date at minates (as required by paragraph (a) of 35. In S 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 S 50.61 or appendix G to part item on the egenda, or of any item of the 50 would be exceeded. Within three testimony of any witness received at the $ 50.30 Filing of spplication for licenses; years of the submittal of the Therma!

oath or amnnauon. innealing 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 Commissiofi determines pursuant t . (5) At the time of filing an annealing, the NRC will review the paragraph (c) of this section to contam application, the Commission will make Thermal Annealing Report and make information which moy be withheld available at the NRC Web site, http:// available the results of its evaluation at under S 9.104 or S 9.105(c). Copies of ev.ntc. gov, a c y of the application, the NRC Web site, http://www.nrc. gov.

such transcript, or minutes, or a subsequent amenYments, and other The licensee may begin the thermal transcnption 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 persor, upon a a * * *

(2) The NRC makes available the a ua n dup catio or t a sc ip n as provided in S 9.14. The Secretary shall maintain

, 36. In S 50.44, paragraph (c)(3)(iv)(C) is revised to read as follows:

{us e http://www.ntc. gov; and a complete verbatim copy of the $ 50.44 standards for combustible gas * * * *

• n t a omp co y o e control systems in light water-cooled power { p) . . .

recording of each meeting, or portion of . . . . .

(2) Within 15 days after the NRC's a meeting, closed to the public, for a receipt of the licensee submissions period of at least two years after such (c) * *

• required by paragraphs (c)(1), (c)(2) and meeting, or until one year after the (c)(3)(i) through (iii) of this section, the (3). . .

conclusion of any Commission NRC staff shall make available at the gjy) . . . NRC Web site, http://www.nre. gov, a proceeding with respect to which the meeting or portion was held, whichever (C) Subsubarticle NE-3220, Dis ision summary ofits inspection of the occurs later. 1, and Subsubarticle CC-3720, Division licensee's thermal annealing, and the

. . . . . 2, of Section 111 of the ASME Boiler and Commission shall hold a public Pressure Vessel Code, referenced in meeting:

PART 50--DOMESTIC LICENSING OF Paragraphs (c)(3)(lv)(B)(f) and . . . . .

PRODUCTION AND UTILIZATION (c)(3)(iv)(B)(2) of this section, have been (3) Within 45 days of NRC's receipt of i

FACILITIES approved for incorporation by reference the licensee submissions required by by the Director of the Office of the P 8 phs ( )( '( d( )(i)

34. The authority citation for part 50 Federal Register. A notice of any thro gh(iii)of is tiIn, th NRC continues to read as follows: changes made to the material staff shall complete full documentation incorporated by reference will be ofits inspection of the licensee's Authority: Secs. 102,103,104,105,161, 182,183,186,189,68 Stat. 936,93i,938, published in the Federal Register. annealing process and make available 948,953. 954,955,956, as arcended, sec. Copies of the ASME Tloiler and Pressure this documentation at the NRC Web site, 234,83 Stat.1244, as amended (42 U.S.C Vess91 Code may be purchased from the httP://www.ntc.8ov-2132,2133,2134,2135,2201,2232,2233. American Society of Mechanical 2236,2239,2282); secs 201, as amended, 38. In appendix 0 to part 50, Engineers, United Engineering Center, ,

202,206,88 Stat.1242, as amended 12 4, 345 East 47th Street, New York, N.Y. Paragraph 5 is revised to read as 1246,(42 U.S.C. 5841,5842,5846). I II "8; 10017. It is also available for inspection Section 50.7 also issued under Pub. L. 95- at the NRC Technical Reference Library Apnendix 0 to Part 50-Stan:lardization of s.101,' Two White Flint North, Room 2B9, Design: Staff Review of Standard Designa on 501o al issu nde 11545 Rockville Pike, Rockville, MD. * * * *

• 185,68 Stat. 955 as amended (42 U.S.C 2131, 2235), sec.102, Pub. L 91-190,83 Stat. 853 * * * *

• 5. Upon completion of their review of a (42 U.S.C 4332). Sections 50.13, 50.54(dd) 37, in S 50.66 the introductory text of submittal under this appendix, t >e and 50103 also issued under ssc.108,68 regulatory staff shall publish in theNRC Federal Stat. 939, as amended (42 U.S.C 2138). Paragraph (a), p'aragraph (a)(2), the Register a determination as to whether or not Sections 50.23,50.35,50.55 and 50.56 also introductory text of paragraph (f)(2), and the preliminary or final design is acceptable, issued under sec.185,68 Stat. 955 (42 U.S.C paragraph (f)(3) are revised to read as subject to such conditions as may be 2235). Section 50.33am 50.55a and Appendix follows: appropriate, and make available at the NRC

Feder:1 Registir/Vol. 64, No. 88/ Friday, May 7,1999/ Proposed Rules 24539 Web site, http://www.nic. gov, an analysis of 41. In S 51.62, paragmph (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 S 9.3:, of this relied upon by the regulatory staff and the $ 51.62 Environmental report-Land chapter i y icense p Ifcat on which r F 61 @) strMution to governmerd incorporates by reference a design approved agencies. Upon written request to the in accordance with this paragraph unless (a) Each license for a li ca.nt for issuanc.e of a i,PP Rcproduction and Distribution Services there exists significant new information nd disposal of radioactive Section, Office of the ChiefInformation which substantially affects the earlier waste pursuant to part 61 of this chapter Officer, U.S. Nuclear Regulatory d 5 termination or other bood cause.

shall submit with its application to the Commission, Washington, DC 20555-e . . . . Director )f Nuclear Material S,afety and 0001, and to the extent available, copies Safeguards the number of copies, as of draft and final environmentalimpact

39. In Appendix Q to Part 50, specified in S 51.6d of a separate statements and draft final findings of no aragraph 4 is revised to read as documen' entitled " Applicant's llows: significant impact will be made Envirenmental Report-License for available in the number requested to Appendix Q to Part 50-Pre-application Land Disposal of Radioactive Waste." Federal, State and local agencies, Ind;an Early Review of Site Sultability Issues. The environmental report and any tribes, and State, regional and

. . . . . supplement to the environmental report metro

4. U may incorporate by reference availa(olitan le NRCclearinghouses.

copies have been When stiff an$,n completion by ofthereview inf rmation conta.ined in the bya the NRC if appropriate ACRS, of exhausted, the requester will be advised submittal under this apnendix, the NRC staff application or in any previous that the NRC will provide copies at 'he shall prepare a Staff Site Report which shall application, statement or report filed charges specified in 6 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 tnosa PART S2-EARLY SITE PERMITS-Web sLe, http://www.nre. gov, and/or at '

conclusions. Upon issuance of an NRC Staff the NRC Public Document Room' S MN 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, http:// as follows:

www.nrc. gov The NRC staff shal' also send 44. The authority citation for part 52 a mpy of the report to the Governor or other $ 51.120 AvaHabHity of environtnental continues to read as follows:

appropriate official of the State in whvh the documents for public inspection.

site is located, and to the chief executive of Copies of environmental reports, draft 186,68 Authoriy: Secs. 103,104,161,182,183, the municipality in which the site is located Stat. 936,948,953,954,955,956, as and final environmentalimpact '* '

• 4 "

8 "

,f,$3,y,pecuti e o ecou$tyyi i Pality' statements, environmental assessments, (42t S 2133,2$01, 23 , 23 26 and findings of no significant impact, 2239,2282); secs. 201,202,200,88 Stat.

together with any related comments and 1242,1244,1246, as amended (42 U.S.C.

environmental documents, will be made 5841,5842,5848).

PART 51-ENVIRONMENTAL PROTECTION REGULATIONS FOR available at the NRC Web site

• http://. 45. In Appendix A to part 52, Section www ntc. gov, and/or at the NRC Pubhc DOMESTIC LICENSING AND RELATED C"*'"' "**

VI, paragraph E.1.b. is revised to read as REGULATORY FUNCTIONS follows:

43. In S 51.123, paragraph (a) and (b) ara revised to reau as follows: Appendix A to Part 52-Design Certification i 40. The authority citation for part 51 Rule for the U.S. Advanced Holling Rosetor continues to read as follows: $ 51.123 Charges for environmental . . . . .

docu en s; s rbuhon to gwewnental Authority: Sec.161,68 Stat, 948. as **

17. Issue Resolution.

amended, sec. 1701,106 Stat. 2951,2952, "I*" . * * *

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

• amended. 202,88 Stat.1242, as amended written request to the Reproduction and 1244 (42 U.S.C 5841,5842). Subpart A also 1.* *

• Distribution Services Section Office of issued s.nder National Environmental Policy the ChiefInformation Officer U.S. b. The reason why the information i Act of 1969, secs.102,104,105,83 Stat. 853- Nuclear Ragulatory Commission, currently available to the public at the NRC 954, as amended (42 U.S.C 4332,4334 Web site, http://www.ntc. gov, and/or at the 4335); and Pub. L.95-604, Title II,92 S'at. t ashbgton, M 2,05556, and to t}le 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. 22431. Sections environmental impact statements and 51.20,51.30,51.60,51.80, and 51.97 also draft findings of no significant impact 46. In Appendix B to part 52, Section issued under sacs. 135,141, Pub.L.97-425, will be made available to interested VI. Paragraph E.1.b. is revised to read as 96 Stat. 2232,2241, and sec.148. Pub. L persons without charge. Single copies of I IIO*8:

100.-203,101 Stat.1330-223 (42 U.S.C. final environmental impsct statements Appendix B to Part 52-Design Certification 10155,10161,10168). Section 51.22 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. 3036-3038 (42 U.S.C.

2021) and under Nuclear Waste Policy Act of charge to the E",rsons listed E*

in S 51.93(a) 1982, sec.121,96 Stat. 2228 (42 U.S.C. and S 51.119(c) respectively. When 3,...

10141). Sections 51.43,51.67, 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, sec.114(f) 96 Stat. 2216, as amended significant impact is requen'ed or when Web site, http //www.nre gov, and/or at the (42 U.S.C.10134(f)). available NRC copies have been NRC Public Document Room, is insufficient.

1

24540 Federal Register /Vol. 64, No. 88/ Friday, MIy 7,1999/ Proposed Rults

47. In Appendix 0 to Part 52, 50. In S 60.2, the definition of NRC (d) Copies of all communications by paragraph 5 is revised to read as Public 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://

to read as follows: www.ntc. gov, and/or at the NRC Public Appendiz O to part 52-Standardization of Dmign; Staff Review of Standard Designs Document Room, and copies are

$ 60.2 Dennitions furnished to DOE.

umpn m means am r sed read s f I o s subm t Iu de is x,h NRC the facility at 2120 L Street, NW,,

regulatory staff shall pu Ish in the Federal $ 60.63 Participation in license reviews.

Register a determination as to whether or not Washington, DC where certain public *

• the preliminary or final design is acceptable, records of the NRC that were made 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 been approved by the President for site Web site, http://www.nic. gov, an analysis of implementation of the NRC Agencywide characterization, a Stata or an affected D cuments Access and Management Indian Tribe may submit to the Diiector approv d des gn $ u$l$ zed by and System, commonly referred to as a proposal to facilitate its participation relied upon by the regulatory staff and the ADAMS, will remain available for ACRS in leir review of any individual 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 earher site, http://www.nir. gov, where copies Indian Tribe wishes to participate iri the determination or other good cause. 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

48. In Apptadix 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 reposed to be carried out follows: and in using the NRC Web site and by NRC wou d contribute to such Appendix Q to Part 52-Pre-Application ADAMS. The NRC Public Document participation. The proposal may include Early Site Review of Site Suitability issues Room is open from 7:45 am to 4:15 pm, educational or information services

. . . . . Monday through Friday, except on (seminars, public meetings) or other

4. U n completion of review by the NRC Federaf holidays. Reference service and actions on the part of NRC, such as staff an ,if a access to documents may also be employment or exchange of State riate by the ACRS, of a submittal un er his appendix, the NRC staff requested by telephone (202-634-3273 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@nre. gov), . . . . .

suitability issues reviewed, explain the fax (202-634-3343), or letter (NRC nature and scope of the review, state the Public Documenf Room, Lle6, (O Proposals submitted under this conclusions of the staff regarding the issues sect. ion, and responses thereto, shall be Washington, DC 20555-0001). made available at the NRC Web site, reviewed and state the reasons for those conc.lusions. Upon luuance of an NRC Staff NRC Web site, http://www.ntc. gov is the Internet uniform resource locator http://www.nrc. gov, and/or at the NRC Site Report, the NRC staff shall publish a Pualic Document Room.

notice of the availability of the report in the name for the Internet address of the Web 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, http:/ available its public records for PROCEDURES FOR F.MERGENCY

/www.nre. gov. The NRC staff shall also send inspection. ACCESS TO NON-FEDERAL AND the S r e1"n ch e REGIONAL LOW LEVEL WASTE ppropriat o a site is located, and to the chief executive of 51, in S 60.18, paragraph (f) is revised DISPOSAL FACILITIES the municipality in which 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. $ 60.18 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 (f) The Director shall publish in the U.S.C 2111,22011: 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 584', $849h secs. 3,4,5,6,99 a request for public comment within a Stat.1843,1 a44,1845,184c ,1847,1848,

49. The authority citation for Part 60 reasonable period, as r>pecified (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, copies of the site characterization 2021f).

Authority: Secs. 51,53,62,63,65,81,161, 182,183,68 Stat. 929,930,932,933,935, analysis shall be available at the NRC 55. In S 62.11, paragraph (b) is revised 948,953,954, as amended (42 U.S C 2071, Web site, http://www.ntc. gov, and to read as follows:

2073,2092,2093,2095,2111,2201,2232, copies of any comments received will 2233); secs < 202,206,88 Stat.1244,1246 (42 also be made available there. 562.11 rtilag and distribution of a U.S.C 5842,5846); secs. to end 14, Pub. L. . . . . . determination request.95-601,92 Stat. 2951 (42 U.S.C 2021a and 585th sec.102, Pub. L.91-190,83 Stat. 853 52. In S 60.61, paragraph (d) is revised (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 10134,101411, and Pub. L 102-486, 6 60.61 Prowlsion of information. Commission shall publish a notice sec. 2902,106 Stat. 3123 (42 U.S.C. 5851). * *

• acknowledging receipt of the request in

Federd Regist:r/Vol, 64 No. 88/FridIy, May 7,1999/Propos:d Rules 24541 th2 Federal Register. Th3 notica must 2(19),117(a),141(b), Pub. L 97-425, M Stat. 1245,1246 (42 U.S.C 5841,5842. 5845, 2202, 2203, 2204, 2222, 2224, (42 U.S.C 5846). Sec 234(a),83 Stit. 444, as amended require that public comment on the request be submitted within 10 days of 10101,10137(a).1016 t(h)). Subparts K and L by Pub. L 104-134,110 Stat.1321,1321-349 are also issued under sec.133,98 Stat. 2230 (42 U.S.C 2243(al).

the publication date of the r:otice. 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 2 2(42 10198). sec.10,92 Stat. 2951 (42 U.S.C. 5851). Sec.

available for inspection or copying at "d $

the NRC Web site, htt ://www.ntc. gov, 5,8. In S 72.200, paragraph (c)is ,76ne j $d 283s a ,

8 Eerj s b, p and/or at the NRC Pu lic Document revised to read as follows: L 104-134, M0 Stat.1321,1321-349 (42 Room. The Secretary of the Commission U.S.C 2243(f)). Sec. 76.35(1) also issued shall also transmit a copy of the request

• s 72.200 Proven of Mas informadon. under sec.122,68 Stat. 939 (42 U.S.C 2152).

to the U.S. Department of Energy, to the Governors of the States of the Compact (c) Copies of all communications by 62. In S 76.37, paragraph (a) is revised 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-Federal low level available at the NRC Web site, http:// . . . . .

radioactive waste disposal facilities, to www.nre. gov, and/or at the NRC Public the Compact Commissions with Document Room, and must be furnished (a) A notice of the filinE of an operating regional low-level radioactive to DOE. application specifying that copies of the application, except for Restricted Data, waste disposal facilities, and to the PART 75--SAFEGUARDS ON Unclassified Controlled Nuclear l F,ovemors of the States in the Compact NUCLEAR MATERIAL- Information Classified National Commissions with operating disposal IMPLEMENTATION OF US/lAEA Security information, Safeguards ficilities.

. . . . . AGREEMENT tafem9an, Proprietary Data, or other l withholdable mk.rmation will be made 1

56. In S 62.22, paragryh (c) is revised 59. The authority citation for part 75 avalbble for the public inspection at the to read as follows: continues to read as follows: NRC Web site, http://www.nrc. gov;

$ 62.22 Notice of issuance of a Authority: Secs. 53,63,103,104,122,161, determination. 68 Stat. 930,932,936,937,939,94B, as

• * *

• a amended (42 U.S.C 2073,2093,2133,2134, PART 100-REACTOR SITE CRITERIA (c) The Secretary of the Commission zi$ l 88 tat.1242, as neEd d(4b$$ U h 63. The authority citation for part 100 Section 75.4 also issued under secs.135, continues to read as follows:

e rr in tion aval ei spection at 141. Pub. L 97-425,96 Stat. 2232,2241 (42 the NRC Web site, http://www.nrc. gov. Authority: Secs. 103,104,161,182,68 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

60. in S 75.2, para REQUIREMENTS FOR THE to read as follows. graph (b) is revisedamended. 202,88 Stat.124 2. as amended, 1244 (42 U.S.C 5841,5842).

INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL $ 75.2 Scope. 64. In S 100.11 the undesignated RADIOACTIVE WASTE paragraph after the note is removed and (b) The United States eligible list is a a new paragraph (c)is added to read as

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

continues to read as follows: safeguards under the US/IAEA Safeguards Agreement which the g 100.11 Nerminauon of exclusion, low Authority: Secs. 51,53.57,62,63,65,69, ""** '

81,161,182,183,184,186,187,189. 68 Stat. Secretary of State or hia designee files $"[',"*' " * " ""d P P"'**'*"

929,930,932,933,934,935,948.953,954, with the Commission. A copy of this list 955, as amended, sec. 234,83 Stat. 444, as is available for inspection at the NRC tmended [42 U.S.C 2071,2073,2077,2092, (c) Copies of TechnicalInformation 2093,2005,2099,2111,2201,2232,2233' Web site, http //www.nre. gov, and/or at the NRC Public Document Room. In Document 14844 may be obtained at the accordance with the provisions of the NRC Web site, http://www.nrc. gov, at 86 373 73 Stat. 688.'os a dEd (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 from the United States eligible L Street, NW., Washmgton, DC, or by U.S.C 5841,5841,5846), 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 Commission, Washmgton, DC 20555-5851); sec.102, Pub. L 91-190,83 Stat. 853 securitI si Enificance 0001' (42 U.S.C. 4332); secs.131,132,133,135. (2) Activitles 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 Stit.1330-235 (42 U.S.C 10151,10152, MATERIAL 10153,10155,10157,10161,101681 PAftT 76-CERTIFICATION OF Secs. 72.44fg) also issued under secs. GASEOUS DIFFUSION PLANTS 65. The authority citation for part 110 141(b) and 148(c),(d), Pub. L. 100-203,101 continues to read as follows:

Stit.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, lit,126,127,128,129, 2239h 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 amended,106 030,931,932,933,936,937,948,953,954, haued under sec.145(g) Pub. L 97-100-203, Stat. 2932,2951,2952,2953,110 Stat.1321- 955,956, as amended (42 U.S.C 2071,2073, 101 Stat.1330-235 (42 LLS.C 10165(g)). 349 (42 U S.C 2201,2297b 11,2297f); secs. 2074,2077,2092-2095,2111,2112,2133, Subpan J also issued under secs. 2(2),2(15), 201, as amended. 204,206,88 Stat.1244, 2134,2139,2139a,2141,2154-2158,2201, l

4

24542 Federal Register /Vol. 64, No. 88/Felday, May 7,1999/Propossd Rtales 2231-2233,2237,2239); sec 201,88 Stat. 67, in $ 110.70, paragraph (d) is For the Nuclear Rogulatory Commission.

1242, as emended (42 U.S.C 5841), sec. 5. removed and paragraph (a)is revi sed to 1 J. Galante, a L 101-575,104 Stat. 2835 (42 U.S.C read as follows: Chiefinformadon Officer.

(FR Doc. 99-11246 Filed 05.-06-99; 8:45 aml Sections 110.1(bX2) and 110.1(b)(3) also $ 110.70 Public nouco of receipt of application. ame coon m4 issued under Pub. L 96-02,93 Stat. 710 (22 U.S.C 2403). Section 110.11 also issued undes 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 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 requin>d by making a copy 110.50(bX3) alto issued under sec.123,92 avallehle at tine NRC Web site, http://

Stat.142 (42 U.S.C 21h3). Section 110.51 wn gc, goy, also issued un.ler sec.184,68 Stat. 954, u , , , , ,

amended (42 U.S.C 2234). Section 110.52 also issued under sec.186,68 Stat. 955 (42 68. Section 110.71 is revised ta read U.S.C 2238). Sections 110.80~110.113 also ,, fogjaw,.

• issued under (5 U.S C 552,554). Sections 110.130-110.135 also lasued under (5 U.S.C $ 110.71 Notlee of wittidrawal of an 553). Sections 110.:. and 110.42(aX9) also appliceWon.

Issued under sec. 903. Pub. L 102-496 (42 U.S.C 2151 et seq.). The Commission will notice the withdrawal of an application by making

68. In $ 110.2 the definition of Public avail Document Room is removed and new a cop [www.able ntc. gov. at the NRC Web site, definitions of NRCPublic Document 3ttP:

Room and NRC Web site are added to 69. In $ 110.72, the sectior Neading read as follows: and introductory text are re s. eed to read

$ 110.2 Definitions.

. . . . . $ 110.72 Pubne avallebility of documents.

NRC Public Document Room means Unless exempt from disclosure under the facility at 2120 L Street, NW., part 9 of this chapter, the following Washington, DC where certain public documents pertaining to each license records of the NRC that were made and license application for an import or available for public 5:aection in paper export requiring a specific license under or microfiche prior to tEs this part will be made available at the implementation of the NRC Agencywide NRC Web site, http://www.nic. gov, and/

Documents Access and Management or at the NRC Public Document Room:

System, commonly referred to as . . . . .

ADAMS, will remain available for public inspection. It is also the place 70. In $ 110.112, paragraph (b) is where computer terminals are available revised to read as follows:

to access the Electronic Reading Room $ 110.112 Floporter and transcript for an component of ADAMS on the NRC Web oral Maring.

site, Inttp://www.nic. gov, where copies , , , , ,

can be made or ordered as set forth in 6 9.35. The facility is staffed with (b) Except for any classified portions, reference librarians to assist the public transcripts will be made available at the in identifying and locating documents NRC Web site, http://www.ntc. gov, and/

and in using the NRC Web site and or at the NRC Public Document Room.

ADAMS. The NRC Public Document .

Room is open from 7:45 am to 4:15 pm,

71. In $ 110.113, paragraph (c) is Monday through Fr: day, except on Federal holidays. Reference service and revised to read as follows:

access to documents may also be $ 110.113 Commission action.

requested by telephone (202-634-3273 , , , , , .

or 800-397-4209) between B 30 am and 4:15 pm, or by e-mail (PDR@nic. gov), (c)If the Commisalon considers fax (202-634-3343), or letter (NRC information not in the hearing record in Public Document Room, Lic6, reaching its licensing decision, the Washington, DC 20555-00G1). hearing participants will be informed

. . . . . and,if not classified or otherwise privileged, the information will be made NRC Web site, http://www.ntc. gov, is available at the NRC Web site, http://

the Internet uniform resource locator name for the intomet address of the Web www.nre. gov, and furnished to the cite where NRC will ordinarily make Participants.

available its public records for inspection. Dated at Rockville. Md. this l'i day of April.1999.

_ _ _ _ _ _ _ . _____________._______________________________.__________________________________.__.___..______________I