ML20211P572

Discusses Review of 981230 Draft Final Rule to Discontinue Lpdr Program

ML20211P572
Person / Time
Issue date:	01/15/1999
From:	Cameron F NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Galante A NRC OFFICE OF THE CONTROLLER
Shared Package
ML20211N634	List: ML20211N630 ML20211N659 ML20211N678 ML20211N701 ML20211N712 ML20211N717 ML20211N727 ML20211N829 ML20211N858 ML20211N867 ML20211N905 ML20211N918 ML20211N978 ML20211P572 ML20211P618 ML20211P623 ML20211P627 ML20211P640 ML20211P731 ML20211P753 ML20211P796 ML20211P828 ML20211P866 ML20211P916 ML20211P937 ML20211P943 ML20211P961 ML20211P983 ML20211Q001 ML20211Q017 ML20211Q024 ML20211Q034 ML20211Q045
References
FRN-64FR24531, FRN-64FR25431, 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-75, RULE-PR-76, RULE-PR-9 AG07-1, AG07-1-014, NUDOCS 9909140041
Download: ML20211P572 (2)

Text

g 4 Cloo UNITED STATES

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o NUCLEAR REGULATORY COMMISSION

[d o . WASHINGTON, D.C. 20555-0001

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.....,o orricE oF THE January 15, 1999 GENERAL COUNSEL MEMORANDUM TO: Anthony J. Galante Chief Information Officer FROM: Francis X. Cameron Deputy Assistant Counsel for Rulemaking s and Fuel Cycle i h

Office of the General Counsel /

SUBJECT:

DRAFT FINAL RULE TO DISCONTINUE LOCAL PUBLIC DOCUMENT ROOM PROGRAM We have reviewed the December 30,1998, draft final rule that would make conforming amendments to the Commission's regulations to implement the Commission's decision to

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eliminate the Local Public Document Room (LPDR) Program and to provide for the electronic availability of NRC documents through the Agency Documents Access and Management System (ADAMS),

in order to highlight the fact that these are conforming amendments to the Commission's regulations, we believe the Notice should be revised to more clearly indicate that the Commission's decision to end the LPDR Program was made as a part of the Commission's normal program and budgeting responsibilities. The current draft Notice leaves one with the impression that the primary objective of the rulemaking is to terminate the LPDR Program rather than to merely make conforming changes to the Commission's rules to reflect a decision already made under the Commission's normal program responsibilities. This has implications for the ability to use the exceptions to notice and comment rulemaking under the Administrative Procedure Act and the Commission's regulations in 10 CFR 2.804(d).

Although we believe that these conforming amendments could fit within the " rules of agency organization, procedure, or practice" exception to notice and comment rulemaking, we believe that the more prudent course would be to issue this rule as a proposed rule for public comment. Even though we cite a survey indicating that all but six LPDR sites would have Internet access to the NRC electronic document collection, members of the public may be adversely affected by this decision either at those sites that won't be able to provide Internet access or at those sites where Internet access is limited because of the difficulty of gaining access to the system. The public may have comments and recommendations in this regard.

Providing a reasonable public comment period (for example, thirty or forty-five days) would not f

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PDR PR 1 64FR24531 PDR 1('"l' g;//

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i A. Galante 2 appear to be onerous in terms of staff resources or schedules, particularly in light of the October 1,1999 implementation date.

I have also attached a " marked up" version of the draft with some more detailed comments.

Attachment:

As stated cc: R. A. Powell, OCIO B. J. Shelton, OClO H. T. Bell, OlG G. P. Bollwerk, ASLBP f

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94 '20 a y ~g UNITED STATES 3~ ag NUCLEAR REGULATORY COMMISSION 0, WASHINGTON, D.C. 2055H001

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• j[' December 30, 1998 MEMORANDUM TO: Those on Attached List

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FROM: A. J. Galante 4*' '/

Chief Information Officer " A*I "

SUBJECT:

FINAL RULE AMENDING 10 CFR TO DISCONTINUE NRC'S LOCAL PUBLIC DOCUMENT ROOM PROGRAM AND TO ANNOUNCE THE ELECTRONIC AVAILABILITY OF NRC PUBLIC RECORDS Attached for your concurrence is the notice of a final rule for publication in the Federal Reoister implementing a Commission policy decision to discontinue funding of the Local Public Document Room (LPDR) program.

Discontinuation of the LPDR program is possible because the Agencywide Documents Access and Management System (ADAMS)is scheduled to become operationalin FY 1999. Once the public library component of ADAMS is established, NRC records (paper and microfiche) that are now placed in the Public Document Room (PDR) and in LPDRs through the NUDOCS system will be made available to the public electronically through ADAMS on the NRC internet Web site in the " Electronic Reading Room." At that time, NUDOCS processing will be ,

discontinued. However, the public will still be able to inspect on site, and order from the PDR's l Reference Services staff, copies of NRC's publicly available records, both historical (pre-ADAMS) and current documents. The public will be able to print any documents in the Electronic Reading Room directly from the Web site or order them on line directly from the J PDR.

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This rule amends NRC regulations to remove references to LPDRs and, instead, states that

. NRC publicly available records are accessible through the NRC Internet Web site and from the NRC PDR.

This memorandum also constitutes a request for approval by the Office of the General Counsel for a waiver of the notice and comments provisions of the Administrative Procedure Act.

Please respond by January 8,1999, with your concurrence, or any questions, to Russell Powell on 301-415 6527 or by e-mail at RAP 1. I appreciate your prompt attention to this matter.

Attachment:

As stated cc: B. J. Shelton, OCIO -

S. A. Treby, OGC H. T. Bell, OlG l

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7590-01-P NUCLEAR REGULATORY COMMISSION 10 CFR Parts 1, 2, 7, 9, 50, 51, 52, 60, 62, 72, 75, 76,100, a nd 110 RIN 3150-AG07 ELECTRONIC AVAILABILITY OF NRC PUBLIC RECORDS AND ENDING OF NRC LOCAL PUBLIC DOCUMENT ROOM PROGRAM Agency: Nuclear Regulatory Commission. '

%Atl A Action: Final rule. (6['/[d,(/]//

cx n d Cif+dsf Summary: The Nuclear Regulatory Commission (NRC)is amending its regulations to reflect a cha en

• he way its records are made available to the public. Thi,s amendment is necessary to re a new document mananamant sysMatthat permits the electronic storage, retrieval, and -line ordering of all

. publicly available NRC official records through the NRC Web site. '

1D M'1()fafg l Effective date: (no sooner than 30 days from date of publication) I PA For Further Information

Contact:

Russell A. Powell, Chief, Information Services Branch, Informatiore 2

Management Division Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, telephone 301-415-6527, email: RAP 1@nrc. gov.

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Supplementary Information:

The Nuclear Regulatory Commission (NRC)is amending its regulations that make NRC records publicly available. The NRC is establishing the Agencywide Documents Access and Management System (ADAMS) that will allow for the electronic submission, storage, and retrieval of all NRC official records.

Under ADAMS, when NRC official records are created or received from outside sources, if appropriate, they will be made publicly available. All publicly available records will then be accessible electronically from the ADAMS Public Library component on the NRC Internet Web site, http://www.nrc. gov, (the Electronic Reading Room).

When ADAMS becomes operational, NRC will discontinue furnishing paper and microfiche copies of its publicly available records to the NRC Public Document Room (PDR), located in Washington, D.C.,

and the Local Public Document Rooms (LPORs), located near nuclear power plants and other nuclear facilities. Under ADAMS, NRC will make its newly created and received public documents available electronically through the ADAMS Electronic Reading Room on the NRC Internet Web site. The NRC's LPDR program will be discontinued once records are available at the NRC Web site. The public will still be able to obtain paper copies of new electronic records by printing them from the NRC Internet Web site, by ordering them from the PDR directly from the NRC Web site, or by ordering them from the PDR using current ordering methods. These methods are: in-person at the PDR, mail, e mail, fax or by calling the PDR Reference Services on the toll-free 800 telephone number. Bibliographic descriptions of documents currently identified in the PDR's Bibliographic Retrieval System (BRS) and in NUDOCS will be posted on '

the NRC Web site, allowing the public to also order copies of preeDAMS paper and microfiche records l

that have been available from LPDRs. The public will also have access to the NRC Web site from computers located in the NRC PDR or any other computer with Internet access, and will be able to print 2

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rtecords from the computer they are using. The projected date for establishment of the Electronic Reading Room at the NRC Web site is August 1,1999.

Because records will be released electronically to the public rather than in paper or microfiche, this rule amends the regulations in 10 CFR Parts 1, 2, 7, 9, 50, 51, 52, 60, 62, 72, 75, 76,100 and 110 to reflect the manner in which these records will be made publicly available. . I I

The NRC currently maintains 86 LPDRs in the vicinity of nuclear reactor and materials licensees:

72 support power reactors; 2 support gaseous diffusion plants; 3 support high-level waste 'es; and the remairling 94upport fuel-cycle, low-level waste, and other facilities. survey of the facilities N -m

. wffere LPDRs are currently located revealed that all but six riow prov[de, or will provide Internet access to

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its patrons by 1999, 9 0 N, b L \ki/DN

' Under the Telecommunications Act of 1996, the Federal government is supporting Internet access from publicilibraries and schools through fees collected under regulations issued by the Federal Communications Commission. Likewise, many States have programs sucporting Internet access from public libraries. Therefore, the public will be abie to access all new NRC publicly available records at most of the current LPDR locations, as well as through other local libraries, schools, offices, or home personal computers with Internet acocss.

Additionally, ADAMS will provide the following added benefits that should preclude or minimize any public concerns regarding the ' impact from discontinuing the LPDR program:

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1. ADAMS Internet access will provide access to current records in full text and image.

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L 2. ADAMS will provide an improved electronic search capability. Under the existing system, only l

the bibliographic indexes and abstracts for most records are available from the online BRS and NUDOCS.

3. New records will be available to the public within days instead of the two weeks or longer it now l takes for LPDRs to receive microfiche or paper copies of new accessions.

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4. Intemet public access to the NRC Web site will provide direct access to a much broader range l of the public than just to those who, because of their close proximity, have access to the PDR and LPDRs.

Given these benefits, the NRC expects to discontinue funding its current LPDR program after the ADAMS Electronic Reading Room is available on the NRC Web site.

The NRC also intends to transfer to the Government Printing Office's (GPO) Federal Depository Library Program, through an interagency agreement, existing NUDOCS 48X microfiche collections, which l have been issued since January,1981. The goal will be to make available, through Regional Depository Libraries, at least one NUDOCS 1981+ 48X microfiche collection in each state that currently has a LPDR.  !

Preference for retention of the collections will be given to LPDRs presently housing them To reflect the discontinuance of NRC support of libraries serving as LPDRs, references to NRC LPDRs have been deleted in 10 CFR 2.1231( a)(1)(ii), and (b); S 9.35 (b) and (e); $ 51.120; Part 52, Appendix 0. Section 5; Part 52, Appendix Q, Section 4, and S 76.37 (a).

In addition, several other minor conforming changes have been made. The definition of the l

PDR in 10 CFR 2.4,60.2, and 110.2 is now in a new paragraph (a) and has been revised to reflect that records newly created or received since the implementation of ADAMS that are publicly available are now available in the PDR in electronic form for inspection and copying, and that copies 4

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.O can be ordered from the PDR. A new paragraph (b) defines the NRC Web site as the Internet location where NRC records are made available for public inspection and copying and that the public I can also order copies of documents from the PDR through the NRC Web site.

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Section 9.2 (a) has been revised to delete the reference to the availability of records on 48x .

microfiche through the National Technical Information Service (NTIS). When NRC begins making its records available from the NRC Web site, microfiche copies will no longer be produced. Added to S 9.21 (a) is the address for the NTIS and statement that certain listed documents can be ordered from the NTIS. Section 9.21 (d) has been deleted because the publication Title List of Documents Made Publicly Available, NUREG-0540, will no longer be published. Section 9.21 (e) has been revised to show that only the published versions of final opinions and orders, referred to in $9.2 (c)(1) are available from the NTIS in the publication, Nuclear Regulatory /ssuances (NUREG-0750). The reference to interpretations in 9.21 (c)(2) has been deleted because they are not available from NTIS.

Section 9.23(a)(2) has been deleted because it repeats information included in the revised

$9.21(a). Section 51.123(a) and (b) have been revised to reflect the correct address where requests for draft environmentalimpact statements and draft findings of no significant hazard can be made.

Changes have been made in several sections to reflect the correct name of the NRC PDR. In addition, several corrections due to misspelling have been ma y i,r p ,n ,n go wir W, v Because these amendments deal solely with changes in agency practice and procedure in-

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'J'Qct equuends', the notice and comment f provisions of the Administrative Procedure Act do not apply under 5 U.S.C. 553(b)A and B. A Environmental Impact - Categorical Exclusion The NRC has determined that this rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(1) and (2). Therefore, neither an environmentalimpact statement nor an environmental assessment has been prepared for this rule.

Paperwork Reduction Act Statement

- This final rule contains no information collection requirements and, therefore, is not subject to  ;

. the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

l Public Protection Notification if an information collection does not display a currently valid OMB control number, the NRC may not conduct or sponsor, and a person is not required to respond to, the information collection.

Regulatory Analysis CW j This final rule implements a new NRC procedure for making records available for public 7[7 4

inspection and copying. The rule will not have any adverse economic impact on any class of $4M licensee or the NRC; to the contrary, the rule with its new provisions allowing Internet access from '

homes, offices, schools, and public libraries to NRC publicly released records provides some new  !

and additional benefits to those seeking access to NRC records. This constitutes the regulatory analysis for this rule.

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' n' Backfit Analysis The NRC has determined that the backfit rule does not apply to this rule, and therefore, a backfit analysis is not required for this final rule because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR Chapter I.

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Small Business Regulatory Enforcement Fairness Act i in accordance with the Small Business Regulatory Enforcement Fairness Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs of the Office of Management and Budget.

i List of Subjects in 10 CFR j l

10 CFR Part 1 Organization and functions (Government Agencies).

10 CFR PART 2 Administrative practice and procedure, Antitrust, Byproduct material, Classified Information, Environmental protection, Nuclear materials, Nuclear power plants and ,ca: tors, Penalties, Sex

' discrimination, Source material, Special nuclear material, Waste treatment and disposal.

10 CFR Par 17 Advisory committees, Sunshine Act. i l

10 CFR Part 9 Criminal Penalties, Freedom of Information, Privacy, Reporting and recordkeeping

. requirements, Sunshine Act. I 10 CFR Part 50 j 7

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I Antitrust, Classified information, Criminal penalties, Fire protection, Intergovernmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements.

10 CFR Part 51-Administrative practice and procedure, Environmental impact statement, Nuclear materials, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and records.

10 CFR Par 152

- Administrative practice and procedure, Antitrust, Backfitting, Combined license, Early site

- review, Emergency planning, Fees, inspection, Limited Work Authorization, Nuclear power plants and reactors, Probabilistic risk assessment, Prototype, Reactor siting criteria, Redress of site, Reporting and recordkeeping requirements, Standard design, Standard design certification.

10 CFR Part 60 Criminal penalties, High-level waste, Nuclear power plants and reactors, Nuclear materials, Reporting and recordkeeping requirements, Waste treatment and disposal.

10 CFR Part 62 Administrative practice and procedure, Denial of access, Emergency access to low-level waste disposal, Low level radioactive waste, Low-level radioactive treatment and disposal, Low-level waste policy amendments act of 1985, Nuclear materials, Reporting and recordkeeping requirements.

10 CFR Part 72 -

Manpower training programs, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors,' Reporting and recordkeeping requirements, Security measures.

10 CFR Part 75 8

t Criminal penalties, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures.

10 CFR Part76 Certification, Criminal penalties, Radiation protection, Reporting and recordkeeping requirements, Security measures, Special nuclear material, Uranium enrichment by gaseous diffusion.

10 CFR Part 100 Nuclear power plants and reactors, Reactor siting criteria.

10 CFR Part 110 Administrative practice and procedure, Classified Information, Criminal penalties, Export, import, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Scientific equipment.

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following amendments 10 CFR Parts 1,2,7,9,50,52,60,62,72,75,76, 100 and 110.

PART 1--STATEMENT OF ORGANIZATION AND GENERAL INFORMATION

1. The authority citation for Part 1 continues to read as follows:

AUTHORITY: Sees. 23,161,68 Stat. 925,948, as amended (42 U.S.C. 2033, 2201); sec. 29, Pub. L.65-256,71 Stat. 579, Pub. L.95-209,91 Stat.1483 (42 U.S.C. 2039); sec.191, Pub. L.87-615, 76 Stat. 409 (42 U.S.C. 2241); secs. 201,203,204,205,209,88 Stat.1242,1244,1245,1246, 9

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1248, as amended (42 U.S.C. 5841,5843,5844,5845,5849); 5 U.S.C. 552,553; Reorganization Plan No.1 of 1980,45 FR 40561, June 16,1980.

2. In 61.3, paragraph (a) is revised to read as follows:

$1.3 Sources of additionalinformation.

(a) A statement of the NRC's organization, policies, procedures, assignments of responsibility, and delegations of authonty is in the Nuclear Regulatory Commission Management Directives System and other NRC issuances, including local directives issued by Regional Offices.

Letters and memoranda containing directives, delegations of authority and the like are also issued from time to time and may not yet be incorporated into the Management Directives System, parts of which are revised as necessary. Copies of the Management Directives System and other delegations of authority are available for public inspection and copying for a fee at the NRC Public Document Room,2120 L Street, NW, Washington, D.C., and at each of NRC's Regional Offices.

Information may also be obtained from the Office of Public Affairs or from Public Affairs Officers at the Regional Offices. In addition, NRC Functional Organization Charts, NUREG - 0325, contains fdWer -03?E detailed descriptions of the functional responsibilities of NRC's offices.1Qs revised annually and is available for public inspection at the NRC Web site.http://www nrc cov, and/or at the NRC Public l

Uccument Room, or for purchase from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 37082. Washington, D.C. 20013 - 7082; and from the National Technical Information Service, Springfield, VA 22161.

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h PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS

3. The authority citation for Part 2 continues to read as follows:

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O AUTHORITY: Secs. 161,181,68 Stat. 948,953, as amended (42 U.S.C. 2201,2231); see 191, as amended, Pub. L.87-615,70 Stat. 409 (42 U.S.C. 2241); sec. 201,88 Stat.1242, as Omended (42 U.S.C. 5841); 5 U.S.C. 652.

Section 2.101 also issued undes secs. 53, 62, 63, 81,103,104,105, 68 Stat. 930, 932, 933, 935,936,937,938, as amended (42 U.S.C. 2073,2092,2093,2111,2133,2134,2135); sec.114(f),

Pub.'L.97-425,96 Stat. 2213, a's amended (42 U.S.C.101%f)). sec.102, Pub. L.91-190,83 Stat. /

853, as amended (42 U.S.C. 4332); sec. 301,88 Stat.1248 (42 U.S.C. 5871). Sections 2.102,2.103, 2.104,2.105,2.721 also issued under secs. 102,103 104,105,18 189,68 Stat. 936,937,938, 7 954,955, as amended (42 U.S.C. 2132,2133,2134,2135,2233,2239). Sectioii2.105 also issued /

under Pub. L.97-415,96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued under secs.

16 , i, o,182,186,234,68 Stat. 948-951,955,63 Stat. 444, as amended (42 U.S.C.2201(b), (i), /

(o),2236,2282); sec. 206,88 Stat.1246 (42 U.S.C. 5846). Sections 2.205(j) also issued under Pub.

L.101-410,104 Stat.k90, as amended by section 3100fs), Pub. 104-134,110 L. Stat.1321-373 /

(28 U.S.C. 2461 note). Sections 2.600-2.606 also issued under sec.102, Pub. L.91-190,83 Stat.

~853, as amended (42 U.S.C. 4332). Sections 2.700a,2.719 also issued under 5 U.S.C. 554.

Sections 2.754,2.760,2.770,2.780 also issued under 5 U.G.C. 557. Sect;on 2.764 also issued under secs. 135,141, Pub. L.97-425,96 Stat. 2232,2241 (42 U.S.C.10155,10161). Section 2.790 also issued under sec.103,68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 552. Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 aiso issued under 5 U.S.C. 553 and sec. 29, Pub. L 85-256,71 Stat. 579, as amended (42 U.S.C. 2039). Subpart K also issued under sec.189,68 Stat. 955 (42 U.S.C. 2239). Sec.134, Pub. L.97-425,96 Stat. 2230 (42 U.S.C.10154).

Subpart L.also issued under sec.189,68 Stat. 955 (42 U.S.C. 2239) Appendix A also issued under sec. 6, Pub. L.91-560,84 Stat.1473 (42 U.S.C. 2135). "

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4. Section 2.4, is amended by adding the definition of NRC Public Document Room and NRC

~ Web site to read as follows:

5 2.4 Definitions.

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' NRC Public Document Room means the facility at 2120 L Street, NW., Washington, D.C. at which members of the public may inspect certain public records of the Commission that were made tvailable for public inspection before implementation of the NRC Agencywide Documents Access cnd Management System, commonly referred to as ADAMS, in which all records are electronic. 'It is

. also the place where NRC makes computer terminals available to access the Electronic Reading Room component of ADAMS on the NRC Web site, http://www.nrc. gov, and where copies can be ,

made or ordered as set forth in @ 9.35. The facility is staffed with reference librarians to assist the public in identifying and locating documents and in using the NRC Web site and ADAMS. The NRC Public Document Room is open from 7:45 am to 4:15 pm, Monday through Friday, except on Federal holidays. Reference service and access to documents may also be requested by telephone (202-634-3273 or 800-397-4209) between 8:30 am and 4:15 pm, or by e-mail PDR(d)nre covt fax (202-634-3343), or letters (NRC Public Document Room, LL-6, Washington, D.C. 20555-0001).

NRC Web site, http://www.nrc. gov, is the Internet uniform resource locator name for the Internet address of the Web site where NRC will ordinarily make available its public records for inspection.

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5. In S 2.101, paragraph (a)(2) is revised to read as follows:

@ 2.101 Filing of application -

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. 4 (2) Each application for a license for a facility or for receipt of waste radioactive material from other persons for the purpose of commercial disposal by the waste disposal licensee will be assigned a docket number. However, to allow a determination as to whether an application for a construction permit or operating license for a production or utilization facility is complete and acceptable for docketing, it will be initially treated s a tendered application. A copy of the tendered application will ,

y &f f / ~. 3 be available for public inspection at 4he N RC Web site,htto //www nrc ao )at the NRC Public Document Room. Generally, the determination on acceptability for docketing will be made within a period of thirty (30) days. However, in selected construction permit applications, the Commission may decide to determine acceptability on the basis of the technical adequacy of the application as

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well as its completeness. In such cases, the Commission, pursuant to @2.104(a), will direct that the

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notice of hearing be issued as soon as practicable after the application has been tendered, and the I determination of acceptability will generally be made within a period of sixty (60) days. For docketing and other requirements for applications pursuant to Part 61 of this chapter, see paragraph (g) of this section.

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6. In 2.110, paragraph (c) is revised to read as follows:

9 2.110 Filing and administrative action on submittals for design review or early site review of site suitability issues.

(c) Upon completion of review by the staff and the ACRS of a submittal of the type described in paragraph (a)(1) of this section, the Director of Nuclear Reactor Regulation shall publish in the Federal Register a determination as to whether or not the design is acceptable, subject to such conditions as may be appropriate, make available at the NRC Web site.htto://www.nre aov, and/or at the NRC Public Document Room, an analysis of the design in the form of a report.

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7. In 6 2.206, paragrhph (a)is revised to read as follows:

5 2.206 Requests for action under this subpart.

(a) Any person may file a request to institute a proceeding pursuant to $2.202 to modify, suspend, or revoke a license, or for such other action as may be proper. Such a request shall be addressed to the Executive Director for Operations and shall be filed either by delivery to the NRC Public Document Room at 2120 L Street, NW, Washington, D.C., or by mail or telegram addressed I

to the Executive Director for Operations, U.S. Nuclear Regulatory Commission, Washington, D.C.

20555-0001. The request shall specify the action requested and set forth the facts that constitute the basis for the request. The Executive Director for Operations will refer the request to the Director the NRC Office with responsibility for the subject matter of the request for appropriate action in accordance with paragraph (b) of this section.

8. In @ 2.701, Paragraph (a)(1) is revised to read as follows:

9 2.701 Filing of documents.

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(1) By delivery to the NRC Public Document Room at 2120 L Street, NW, Washington, D.C.,

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9. In f 2.740, paragraph (b) (1) is revised to read as follows:

@ 2.740 General provisions governing discovery.

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(1) In aeneral. Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the proceeding, whether it relates to the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. When any book, document or other tangible thing sought is reasonably available from another source, such as the NRC Web site.htto'//www nrc cov and/or the NRC Public Document Room, sufficient response to an interrogatory involving such materials would be the location, the title and a page reference to the relevant book, document or tangible thing. In a proceeding on an application for a construction permit or an operating license for a production or utilization facility, discovery shall begin only after the prehearing conference provided for in @2.751a and shall relate only to those matters in controversy which have been identified by the Commission or the presiding officer in the prehearing order entered at the conclusion of that prehearing con 6rence. In such a proceeding, no discovery shall be had after the beginning of the prehearing conference held pursuant to @2.752 except upon leave of the presiding officer upon good cause shown. It is not ground for objection that the information sought will be inadmissible at the hearing if the information sought appears reasonably calculated to lead to the discovary of admissible evidence

10. In @ 2.750, paragraph (a) is revised to read as follows:

@ 2.750 Official reporter; transcript.

(a) A hearing will be reported under the supervision of the presiding officer, stenographically or by other means, by an official reporter who may be designated from time to time by the Commission or may be a regular employee of the Commission, The transcript prepared by the reporter shall be the sole official transcript of the proceeding. Except as limited pursuant to Sec.181 15

J

, h lLL4 (?e-rth7%b MfI Y l l-rpti4c > h?/WW nr wWN.Y "fy7-

/ /

= of the Act or order of the Commission, the trans~cript will be available or inspeytion 4t the NRC 'Web

. site, http://www nrc cov. and/or at the N Public Document RoomhpIe 2tDcriptser available to parties and to the public from the official reporter on payment of the charges fixed therefor. '~

. . ... 'cv

,, O b

11. In S 2.790, the introductory text of paragraph (a) and paragraph (c) are revised to read as follows:

S 2.790 Public inspections, exemptions, requests for withholding.

(a) Subject to the provisions of paragraphs (b), (d), and (e) of this section, final NRC records and documents, including but not limited to correspondence to and from the NRC regarding the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, or order, or regarding a rulemaking proceeding subject to this part shall not, in the absence of a compelling reason for nondisclosure after a balancing of the interests of the person or agency urging nondisclosure and the public interest in disclosure, be exempt from disclosure and will i

be made available for inspection and copying at the NRC Web site.htto //www.nre cov. and/or at the l l

NRC Public Document Room, except for matters that are:

(c) If a request for withholding pursuant to paragraph (b) of this section is denied, the Commission will notify an applicant for withholding of the denial with a statement of reasons. The notice of denial will specify a time, not less than thirty (30) days after the date of the notice, when the i

document will be available at the NRC Web site, http://www nre cov, and/or at the NRC Public y

Document Room. If, within the time specified in the notice, the applicant') requests w l

]

document, the document will not be available at the NRC Neb site, http://www.nre aov nd will be m

returned to the applicant: Provideo, that information submitted in a rule-making. pro eding which l v g/ /vf1. & QTd'I'J4

\k _ sm IN frf'11

subsequently forms the basis for the final rule will not be withheld from public d%fiosure by the Commission and will not be returned to the applicant after denial of any application for withholding submitted in connection with that information. If a request for withholding pursuant to paragraph (b) of this section is granted, the Commission will notify the applicant of its determination to withhold the information from public disclosure.

12. In @ 2.802, paragraphs (e) and (g) are revised to read as follows:

$ 2.802 Petition for rulemaking.

(e) If it is determined that the petition includes the information required by paragraph (c) of this section and is complete, the Director, Division of Administrative Services, Office of Administration, or designee, will assign a docket number to the petition, will cause the petition to be formally docketed, and will make a copy of the docketed petition available at the NRC Web site, http://www nrc cov, and/or at the NRC Public Document Room. Public comment may be requested by publication of a notice of the docketing of the petition in the Federal Register, or, in appropriate cases, may be invited for the first time upon publication in the Federal Register of a proposed rule  !

I developed in response to the petition. Publication will be limited by the requirements of Section 181 of the Atomic Energy Act of 1954, as amended, and may be limited by order of the Commission. j (g) The Director, Division of Administrative Services, Office of Administration, will prepare on a semiannual basis a summary of petitions for rulemaking before the Commission, including the status of each petition. A copy of the report will be available for public inspection and copying at the NRC Web site, htto //www.nrc aov, and/or at the NRC Public Document Room.

17

p:

o

13. In S 2.804, paragraph (b)(2) is revised to read as follows:

2.804 Notice of proposed rulemaking.

.(b)

(2) The manner and time within which interesteo mmbers of the public may comment, and a statement that copies of comments may be examined will be made available at the NRC Web site, http://www.nre aov, and/or at the NRC Public Document Room,

14. In @ 2.000, paragraph (a) is revised to read as to lows:

$ 2.809 Participation by the Advisory Committee on ~ Reactor Srfeguards.

(a) In its advisory capacity to the Commission, the ACRS may recommend that the Commission initiate rulemaking in a particular area. The Commission will respond to such rulemaking recommendation in writing within 90 days, noting its intent to implement, study, or defer action on the recommendation. In the event the Commission decides not to accept or decides to defer action on the recommendation,it will give its reasons for doing so. Both the ACRS recommendation and the Commission's response will be made available at the NRC Web site, bttp://www nrc aov. and/or at the NRC Public Document Room, following transmittal of the Commission's response to the ACRS.

N( -

44td 15.In 2.1007, paragraph (a)(3) is removed, paragraph (a)(2) is revised to read as follows:

f 9 2.1007 Access.

/

(a)

h. .

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l-l "

O 18

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0 h sc gwqtjiqe

.AW

'C i s^ ,

/ (2) All documents in the Licensing Support System during the pre-license application phase, and images of the non-privileged documents of NRC, shall be available at the NRC Web site, htto //www.nre cov, and/or at the NRC Public Document Room. , y

. . . . . 1 7

16. @ 2.1231, paragraphs (a) (1)(ii), (a)(2), and (b) are revised to r.ead as follows:

f4 \0

){s . '

S 2.1231 Hearing file; prohibition on discovery.

(a)

(1)

(ii) Making the file available from the NRC Website,htto //www.nre cov.

(2) The hearing file also must be made available for public inspection and copying at the NRC Web site, http://www.nrc.oov, and/or at the NRC Public Document Room.

]

(b) The hearing file will consist of the application and any amendment thereto, any NRC environmentalimpact statement or assessment relating to the application, and any NRC report and any correspondence b ateen the applicant and the NRC that is relevant to the application. Hearing file documents already a' . ilable at the NRC Web site.http://www nre cov. and/or at the NRC Public

' Document Room when the hearing request is granted may be incorporated into the hearing file st those locations by a reference indicating where at those locations the docurnents can be found. The presiding officer shall rule upon any issue regarding the appropria'e materials for the hearing file. .g

. . . . . O {LhN 97,lho g g, doi (4) 9 PART 7--ADVISORY COMMITT ES efe, 7

17. The authority citation for Part 7 continues to read as follows: -b ppi n Y Och. D AUTHORITY: Sec.161,68 Stat. 948, as amended (42 U.S.C. 2201); s as amended (42 U.S.C. 5841); Pub. L.92-463,86 Stat. 770 (5 U.S.C. App.).

19

~.

18. In 6 7.10, paragraph (b)(6) is revised to read as follows:

'$ 7.10 The NRC Advisory Committee Management Officer.

(b)

- (6) Ensure that, subject to the Freedom of Information Act and NRC's Freedom of information

'Act Regulations, copies of the records, reports, transcript minutes, appendices, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by each NRC advisory committee are available for public inspection and copying at the NRC Web site http://www.nre oov, and/or at the NRC Public Document Room, until the advisory committee ceases to exist.

19. In 6 7.11, paragraph (d)(5) is revised to read as follows:

6 7.11 The Designated Federal Officer, (d) ,

(5) Make copies of committee documents required to be maintained for public inspection and copying pursuant to $7.14(b) available at the NRC Web site, http://www nre oov, and/or at the NRC Public Document Room.

20. Section 7.14 is revised to read as follows:

6 7.14 Public information on advisory committees.

(a) The Nuclear Regulatory Commission shall maintain systematic information on the nature, functions, and operations of each NRC advisory committee. A complete set of the charters of NRC advisory committees and copies of the annual reports required by @7.17(a) shall be maintained for 20.

l  !

r

~.

public inspection at either the NRC Web site, htto://www.nre cov; and/or at the NRC Public Document Room.

l (b) Subject to the provisions of the Freedom of Information Act (5 U.S.C. 552) and NRC's Freedom of jnformation Act Regulations (10 CFR Part 9, subpart A), copies of NRC advisory

' committees' records, reports, transcripts, minutes, appendices, working papers, drafts, studies, agenda, and other documents shall be maintained for public inspection and copying at the NRC Web tite, htto //www.nre cov; and/or at the NRC Public Document Room.

21. In Q 7.17, paragraphs (a) and (b) are revised to read as follows:

' 6 7.17 Reports required for advisory committees.

(a) The Commission shall furnish a report on the activities of NRC advisory committees annually to the Administrator and the GSA Secretariat. The report shall be on a fiscal year basis. It shall contain such information regarding NRC advisory committees as is required by Section 6(c) of the Act for the President's annual report to the Congress and shall be consistent with instructions

? provided by the GSA Secretariat. A copy of the report shall be made available at the NRC Web site, htto://www nrc cov, and/or at the NRC Public Document Room.

! ('b) Any NRC advisory committee holding closed meetings shallissue a report, at least ennually, setting forth a summary of its activities consistent with the policy of the Government in the

Sunshine Act (5 U.S.C. 552b), as implemented by 10 CFR 9.104. A copy of the report shall be made available at the NRC Web site, htto://www.nre cov, and/or at the NRC Public Document Room.

' PART 9-PUBLIC RECORDS

22. The authority citations for Part 9 continue to be as follows:

21 L

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• i e

AUTHORITY: Sec.161, 68 Stat.' 948, as amended (42 U.S.C. 2201); Sec. 201, 88 Stat.1242, l

as amended (42 U.S.C. 5841).

1 23.' in 9 9.21 is revised to read as follows: I

$ 9.21 Publicly Available Records.  !'

(a) Single copies of NRC publications in the NUREG series, NRC Regulatory Guides, and -

Standard Review Plans can be ordered from the National Technical Information Service,5285 Port i i

Royal Road, Springfield, Virginia, 22161.

1 (b) For the convenience of persons who may wish to inspect without charge, or purchase copies of a record or a limited category of records for a fee, publicly available records of the NRC's

- activities 4esenbedeparagraph-(c)-ofibis4ection are also made available at the NRC Web site, f

htto //www nrc aon and/or at the'NRC Public Document Room located at 2120 L Stre?t, NW.,

j  !

ashington, D.C., and is open etween146dand 4:15 pm on Monday through Friday, except Federal holidays. i (c) The following records of NRC activities are available for public inspection Fnd copying:

(1) Final opini'ons including concurring and dissenting opinions as well as orders of the NRC issued as a result of adjudication of cases;  :

(2) Statements of policy and interpretations that have been adopted by the NRC and have not been published in the Federal Register;

. (3) Nuclear Regulatory Commission rules and regulations; (4) Nuclear Regulatory Commission Manuals and instructions to NRC personnel that affect any member of the public; 22

p 1

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(5) Copies of records that have been released to a person under the Freedom of Information Act that, because of the nature of their subject matter, the NRC determines have become or are i likely to become the subject of subsequent requests for substantially the same records.

l (6) A generalindex of the records released under the FOIA.

(d) The published versions of the records made publicly available under paragraph (c)(1) of l

this section are available under the title, Nuclear Regulatory issuances, NUREG-0750, for purchase through the National Technical Information Service.

l

{

l 24. In S 9.23, paragraph (a)(2)is removed and paragraph (a)(1), (c), (d)(2), and (e) are revised to read as follows:

4 i

l 9 9.23 Requests for records. {

l (a)(1) A person may request access to records routinely made available by the NRC under l

9.21 in person or by telephone, e-mail, fax, or U.S. mail from the NRC Public Document Room,2120 L Street, NW., Washington, D.C. 20555-0001.

(i) Each record requested must be described in sufficient detail to enable the NRC Public l f

Document Room staff to locate the record. )

(ii)in order to obtain copies of records expeditiot ty, a person may open an account at the l

l NRC Public Document Room with the private contracting firm that is responsible for duplicating NRC records.

(2) [ Reserved]

(c) If a. requested agency record that has been reasonably described is located at a place other than at the NRC Web site, http://www.nre aov, the NRC Public Document Room, or the NRC 1

23 E I

headquarters, the NRC may, at its discretion, make the record available for inspection and copying at either of the locations.

.(d)

(2) If the requested record has been placed on the NRC Internet Web site, under @9.21, the NRC may inform the requester that the record is available at the NRC Web sit 9, http://www.nre aov, and/or at the NRC Public Document Room, and that the record may be obtained in accordance with the procedures set forth in paragraph (a) of this section.

(e) The Freedom of Information Act and Privacy Act Officer will promptly forward a Freedom of Information Act request made under paragraph (b) of this section for an agency record to the head

.. of the office (s) primarily.cc icerned with the records requested, as appropriate. The responsible office will conduct a search fcr the agency records responsive to the request and compile those agency records to be reviewed for initial disclosure determination and/or identify those that have already been made publicly ava able at the NRC Web site.fittp://www nre cov, and/or at the NRC Public Document Room.

25. In 9.35; paragraph (e) is removed, paragraphs (a)(2), (a)(5) and (b) are revised to read

. as follows:

s 9.35 Duplication fees.

-(a)

(2) Self-service duplicating machines are available at the NRC Public Document Room for the use of the public. Paper to paper copy is $0.08 per page. Microfiche to paper is 50.10 per page on the reader printers.

24

/

L'...

(5) Any change in the costs specified in this section will become effective immediately pending completion of the final rulemaking that amends this section reflect the new charges. The Commission will post the charges that will be in effect for the interim period at the NRC Public Document Room. The Commission will publish a final rule in the Federal Register that includes the new charges within 15 working days from the beginning of the interim period.

(b) The NRC will assess the following charges for copies of records to be duplicated by the NRC at locations other than the NRC Public Document Room located in Washington, D.C.:

26; In @ 955 paragraph (b)is revised to read as follews:

$ 9.45 Annual reports to the Attorney General of the United States.

(b) The NRC will make a copy of each report available to the public at the NRC Web site, http://www.nre oov, and/or at the NRC Public Document Room.

27. In 9.105, paragraph (b) is revised to read as follows:

$ 9.105 Commission procedures.

(b) Within one day of any vote taken pursuant to paragraph (a) of this section, @9.106(a), or

$9.108(c), the Secretary shall make publicly available at the NRC Web site,_http://www.nrc.aov, and/or at the NRC Public Document Room, a written copy of such vote reflecting the vote of each member on the question. If a portion of a meeting is to be closed to the public, the Secretary shall, within one day of the vote taken pursuant to paragraph (a) of this section or 9.106(a), make publicly available at the NRC Web site, htto'//www.nre aov, and/or at the NRC Public Document Room, a full 25 l

t l'

written explanation of its action closing the portion together with a list of all persons expected to attend the meeting and their affiliation.

28. In @ 9.107, paragraph (d)(1)is revised to read as follows:

@ 9.107 Public announcement of Commission meetings.

(d)

(1) Publicly posting a copy of the document in the NRC Public Document Room at 2120 L Street, NW., Washington, D.C.; and, to the extent appropriate under the circumstances;

29. In @ 9.108, paragraph (b)is revised to read as follows:

@ 9.108 Certification, transcripts, recordings and minutes.

- (b) The Commission shall make promptly available to the public at the NRC Web site, http://www.nre cov, and/or at the NRC Public Document Room, the transcript, electronic recording, or minutes (as required by paragraph (a) of this @) of the discussion of any item on the agenda, or of any item of the testimony of any witness received at the meeting, except for such item or items of such discussion or testimony as the Commission determines pursuant to paragraph (c) of this section to contain.information which may be withheld under 9.104 or 9.105(c). Copies of such transcript, or minutes, or a transcription of such recording disclosing the identity of each speaker, j shall be furnished to any person upon payment of the actual cost of duplication or transcription as provided in 9.14. The Secretary shall maintain a complete verbatim copy of the transcript, a complete copy of the minutes, or a complete electronic recording of each meeting, or portion of a j meeting, closed to the public, for a period of at least two years after such meeting, or until one year 26 .

l i

after the conclusion of any Commission proceeding with respect to which the meeting or portion was

- held whichever occurs later, Part 50 -DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES 30, The authority citation for Part 50 continues to read as follows: .

AUTHORITY: Secs. 102,103,104,105,161,182,183,186,189,68 Stat. 936,937,938,948, L 953,'954, 955, 956, as amended, sec. 234,83 Stat.1244, as amended (42 U.S.C. 2132,2133,2134, 1

~

2135,2201,2232,2233,2236,2239,2282); secs. 201, as amended. 202, 206, 88 Stat.1242, as

' amended 1244,1246, (42 U.S.C. 5841, 5842, 5846).

Section 50.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 (42 U.S.C. 5851).

Section 50.10 also issued under secs. 101,185,68 Stat. 955 as amended (42 U.S.C. 2131,2235),

sec.102, Pub. L.'91-190,83 Stat. 853 (42 U.S.C. 4332) Sections 50.13,50.54(dd) and 50.103 also issued under sec.108,' 68 Stat. 939, as amended (42 U.S.C. 2138). Sections 50.23,50.35,50.55 and 50.56 also issued under sec.185,68 Stat. 955 (42 U.S.C. 2235). - Section 50.33arn 50.55a and Appendix Q also issued under sec.102, Pub. L.91-190,83 Stat. 853 (42 U.S.C. 4332). Sections l 50.34 and 50.54 also issued under sec. 204,88 Stat.1245 (42 U.S.C. 5844). Section 50.37 also

• l issued under E.O. 12829,3 CFR 1993 Comp., p. 570, E.O.12958, as amended,3 CFR 1995 Comp.,

p. 333, E.O.12968,3 CFR 1995 Comp., p. 391). Sections 50.58,50.91, and 50.92 also issued under Pub. L.97-415,96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 also issued under sec.122,68 Stat. 939 (42 U.S.C. 2152). Sections 50.80-50.81 also issued under sec.184,68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued under sec.187,68 Stat. 955 (42 U.S.C. 2237).

31,in 50.30, paragraph (a)(5) is revised to read as fo' llows:

27 4

i

S 50.30 Filing of application for licenses; Oath or affirmation.

(a)

(5) At the time of filing an application, the Commission will make available at the NRC Web site, htto://www nre cov, and/or at the NRC Public Document Room, a copy of the application, subsequent amendments, and other records pertinent to the facility for public inspection and copying.

l

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

9 50.44 Standards for combustible gas control systems in light-water-cooled power reactors.

(c) l (3) ,

(iv)

(C) Subsubarticle NE - 3220, Division 1, and Subsubarticle CC - 3720, Division 2, of Section Ill of the ASME Boiler and Pressure Vessel Code, referenced in paragraphs (c)(3)(iv)(B)(1) and (c)(3)(iv)(B)(2) of this section, have been approved for incorporation by reference by the Director of the Office of the Federal Register. A notice of any changes made to the materialincorporated by reference will be published in the Federal Register. Copies of the ASME Boiler and Pressure Vessel Code may be purchased from the American Society of Mechanical Engineers, United Engineering Center,345 East 47th Street, New York, N.Y.10017. It is also available for inspection at the NRC Technical Reference Library, Two White Flint North, Room 289,11545 Rockville Pike, Rockville, MD, I

j i

33. In @ 50.66, the introductory text of paragraph (a), paragraph (a)(2), the introductory text ;

j of paragraph (f)(2) and paragraph (f)(3) are revised to read as follows:  !

l 28 I

]

9 50.66 Requirements for thermal annealing of the reactor pressure vessel.

(a) For those light water nuclear power reactors where neutron radiation has reduced the fracture toughness of the reactor vessel materials, a thermal anne'6 ling may be applied to the reactor vessel to recover the fracture toughnesc of the material. The use of a thermal annealing treatment is subject to the requirements in this section. A report describing the licensee's plan for conducting the -

thermal annealing must be submitted in accordance with 50.4 at least three years prior to the date at which the limiting fracture toughness criteria in @50.61 or appendix G to Part 50 would be exceeded. Within three years of the submittal of the Thermal Annealing Report and at least thirty days prior to the start of the thermal annealing, the NRC will review the Thermal Annealing Report and make available the results of its evaluation at the NRC Web site, htto://www.nrc.aov, and/or at the NRC Public Document Room. The licensee may begin the thermal anneal after:

(2) The NRC makes available the results of its evaluation of the Thermal Annealing Report at the NRC Web site, http://www.nre oov, and/or at the NRC Public Document Room; and l

(f)  !

(2) Within 15 days after the NRC's receipt of the licensee submissions required by l 1

paragraphs (c)(1), (c)(2) and (c)(3)(l)- (iii) of this section, tha NRC staff shall make available at the l NRC Web site, htto //www.nre aov, and/or at the NRC Public Document Room, a summary of its inspection of the licensee's thermal annealing, and the Commission shall hold a public meeting:

(3) Within 45 days of NRC's receipt of the licensee submissions required by paragraphs

- (c)(1), (c)(2) and (c)(3)(l)- (iii) of this section, the NRC staff shall complete full documentation of its l l

29 l

inspection of the licensee's annealing process and make available this documentation at the NRC

- Web site, htto://www.nre aov, and/or at the NRC Public Document Room.

34. In Appendix 0 to Part 50, paragraph 5 is revised to read as follows:

Appendix 0 - Standardization of design; Staff review of standard designs.

5. Upon completion of their review of a submittal under this appendix, the regulatory staff shall publish in the Federal Register a determination as to whether or not the preliminary or final design is acceptable, subject to such conditions as may be appropriate, and make available at the NRC Web site, htto://www.nrc aov, and/or at the NRC Public Document Room, an analysis of the I

design in the form of a report. An approved design shall be utilized by and relied upon by the j I

regulatory staff and the ACRS in their review of any individual facility license application which

)

i incorporates by reference a design approved in accordance with this paragraph unless there exists 1

. significant new information which substantially affects the earlier determination or other good cause.

i

35. In Appendix Q to Part 50, paragraph 4 is revised to read as follows:

Appendix Q - Pre application Early Review of Site Suitability Issues.

4, Upon completion of review by the NRC staff and,if appropriate by the ACRS, of a submittal l

.under this appendix, the NRC staff shall prepare a Staff Site Report which shall identify the location of the site, state the site suitability issues reviewed, explain the nature and scope of the review, state 1

l the conclusions of the staff regarding the issues reviewed and state the reasons for those  ;

I conclusions. Upon issuance of a Staff Site Report, the NRC staff shall publish a notice of the availability of the report in the Federal Register and shall make the report available at the NRC Web 30

i site, http://www.nre coy, and/or at the NRC Public Document Room. The NRC staff shall also send a copy of the report to the Governor or other appropriate official of the State in which the site is located, and to the chief executive of the municipality in which the site is located or, if the site is not located in a municipality, to the chief executive of the county.

~

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

36. The authority citation for Part 51 continues to read as follows:

AUTHORITY: Sec.161,68 Stat. 948, as amended, sec. 1701,106 Stat. 2951,2952,2953, (42 U.S.C. 2201,2297f); secs. 201, as amended,202,88 Stat.1242, as amended 1244 (42 U.S.C.

5841, 5842). Subpart A also issued under National Environmental Policy Act of 1969, secs.102, 104,105,83 Stat. 853-954, as amended (42 U.S.C. 4332,4334,4335); and Pub. L.95-604, Title 11,  !

92 Stat. 3033 3041; and sec.193, Pub. L.101-575,104 Stat. 2835 (42 U.S.C. 2243). Sections 51.20,51.30,51.60,51.80, and 51.97 also issued under secs. 135,141, Pub. L.97-425,96 Stat.

2232,2241, and sec.148, Pub. L.100-203,101 Stat.1330-223 (42 U.S.C.10155,10161,10168).

Section 51.22 also issued under sec. 274,73 Stat. 688, as amended by 92 Stat. 3036-3038 (42 U.S.C. 2021) and under Nuclear Waste Policy Act of 1982, sec.121,96 Stat. 2228 (42 U.S.C.

10141). Sections 51.43,51.67, and 51.109 also issued under Nuclear Waste Policy Act of 1982, sec.114(f) 96 Stat. 2216, as amended (42 U.S.C.10134(f)).

37. In S 51.62, paragraph (a) is revised to read as follows:

$ 51.62 Environmental report-Land disposal of radioactive waste licensed under 10 CFR Part 61.

31

s-(a) Each applicant for issuance of a license for land disposal of radioactive waste pursuant to Part 61 of this chapter shall submit with its application to the Director of Nuclear Material Safety and

' Safeguards the number of copies, as specified in @51.66 of a separate document, entitled

" Applicant's Environmental Report - License for Land Disposal of Radioactive Waste." The environmental report and any supplement to the environmental report may incorporate by reference information contained in the application or in any previous application, statement or report filed with the Commission provided that such references are clear and specific and that copies of the ,

information so incorporated are available at the NRC Web site, http://www.nrc cov, and/or at the NRC Public Document Room.

38. Section 51.120 is revised to read as follows:

@ 51.120 Availability of environmental documents for public inspection.

i Copies of environmental reports, draft and final environmentalimpact statements, 1

i environmental assessments, and findings of no significant impact, together with any related comments and environmental documents, will be made available at the NRC Web site, http://www nrc aov, and/or at the NRC Public Document Room-

39. In @ 51,123, paragraph (a) and (b) are revised to read as follows:

@ 51.123 Charges for environmental documents; distribution to governmental agencies.

(a) Distribution to public. Upon written request to the Reproduction and Distribution Services Section, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, and to the extent available, single copies of draft environmentalimpact statements and draft findings of no significant impact will be made available to interested persons without chaige. Single copies of final environmentalimpact statements and final findings of no significant impact will also be provided without charge to the persons listed in @@51.93(a) and 51.119(c),

32 l

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I .

respectively. When more than one copy of an environmentalimpact statement or a finding of no significant impact is requested or when available NRC copies have been exhausted, the requestor will be advised that the NRC will provide copies at the charges specified in 9.35 of this chapter.

(b) Distribution to governmental agencies. Upon written request to the Reproduction and Distribution Services Section, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, and to the extent available, copies of draft and final environmentalimpact statements and draft final findings of no significant impact will be made available in the number requested to Federal, State and local agencies, Indian tribes, and State, regional and metropolitan clearinghouses. When available NRC copies have been exhausted, the requester will be advised that the NRC will provide copies at the charges specified in 9.35 of this chapter.

PART 52-EARLY SITE PERMITS; STANDARDS DESIGN CERTIFICATIONS; AND COMBINED LICENSES FOR NUCLEAR POWER PLANTS

40. The authority citation for Part 52 c.ontinues to read as follows:

AUTHORITY: Secs. 103,104,161,182,183,186,68 Stat. 936,948,953,954,955,956, as amended, sec. 234,83 Stat.1244, as amended (42 U.S.C,2133,2201,2232,2233,2236,2239, 2282); secs,201,202,206,88 Stat.1242,1244,1246, as amended (42 U.S.C. 5841,5842,5846).

41. In Appendix A to Part 52,Section VI, paragraph E.1.b. is revised to read as follows:

Appendix A to Part 52-Design Certification Rule For the U.S. Advanced Boiling Reactor.

VI. Issue Resolution.

E.* *

• 3, . . .

33

b. Th'e reason why the information currently available to the public at the NRC Web site, http://www.nre aov, and/or at the NRC Public Document Room, is insufficient;

- 42. In Appendix B to part 52,Section VI, paragraph E.1.b. is revised to read as follows:

Appendix B to Part 52 - Design Certification Rule for the System 80+ Design.

E.

• 1, * -

b. The reason why the information currently available to the public at the NRC Web site, htto://www.nrc aov, and/or at the NRC Public Document Room, is insufficient.

43. In Appendix O to Part 52, paragraph 5 is revised to read as follows:

Appendix O-Standardization of Design; Staff Review of Standard Designs.

5. Upon completion of their review of a submittal under this appendix, the regulatory staff sha!! publish in the Federal Register a determination as to whether or not the preliminary or final design is acceptable, subject to such conditions as may be appropriate, and make available at the ,

NRC Web site, http://www.nrc aov, and/or at the NRC Public Document Room, an analysis of the design in the form of a report. An approved design shall be utilized by and relied upon by the i regulatory staff and the' ACRS in their review of any individual facility license application which ine'orporates by reference a design approved in accordance with this paragraph 'unless there exists significant new information which substantially affects the earlier determination or other good cause.

i i

44.- In Appendix Q to Part 52, paragraph 4 is revised to read as follows: .!

34

~.

1 Appendix Q-Pre Application Early Site Review of Site Suitability issues. ,

I

4. Upon completion of review by the NRC staff and,if appropriate by the ACRS, of a submittal under this appendix, the NRC staff shall prepare a Staff Site Report which shallidentify the location of the site, state the site suitability issues reviewed, explain the nature and scope of the review, state the conclusions of the staff regarding the issues reviewed and state the reasons for 1

those conclusions. Upon issuance of a NRC Staff Site Report, the NRC staff shall publish a notice of the availability of the report in the Federal Register and shall make available a copy of the report at the NRC Web site, http://www.nre cov, and/or at the NRC Public Document Room. The NRC staff shall also send a copy of the report to the Governor or other appropriate official of the State in which the site is located, and to the chief executive of the municipality in which the site is located or, if the site is not located in a municipality, to the chief executive of the county.

PART 60--DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE IN GEOLOGIC REPOSITORIES

45. The authority citation for Part 60 continues to read as follon Authority: Secs. 51, 53, 62, 63, 65, 81,161,182,183, 68 Stat. 929, 930, 932, 933, 935, 948, 953,954, as amended (42 U.S.C. 2071,2073,2092,2093,2095,2111,2201,2232,2233); secs. 202,206,88 Stat.1244,1246 (42 U.S.C. 5842,5846); secs.10 and 14, Pub. L.95-601,92 Stat.

2951 (42 U.S.C. 2021a and 5851); sec.102, Pub. L.91-190,83 Stat. 853 (42 U.S.C. 4332); secs. 114,121, Pub. L.97-425,96 Stat. 22139,2228, as amended (42 U.S.C.10134,10141), and Pub. L.

102-486, sec. 2902,106 Stat. 3123 (42 U.S.C. 5851).

I

46. In S 60.2, the definition of NRC Public Document Room is revised and the definition of NRC Web site is added to read as follows:

35

9 60.2 Definitions.

NRC Public Document Room means the facility at 2120 L Street, NW., Washington, D.C. at which certain public records of the Commission that were made available in paper or microfiche remain available for public inspection untilimplementation of the NRC Agencywide Documents

' Access and Management System, commonly referred to as ADAMS, in which all records are electronic. It is also the place where computer terminals are available to access the Electronic Reading Room component of ADAMS on the NRC Web site, htto //www.nrc aov, where copies can be made or ordered as set forth in @ 9.35. The facility is staffed with reference librarians to assist the public in identifying and-locating documents and in using the NRC Web site and ADAMS. The NRC Public Document Room is open from 7:45 am to 4:15 pm, Monday through Friday, except on Federal holidays. Reference service and access to documents may also be requested by telephone (202-634-3273 or 800-397-4209) between 8:30 am and 4:15 pm, or by e-mail (PDR@nre covt fax (202-634 3343), or letter (NRC Public Document Room, LL-6, Washington, D.C. 20555-0001).

NRC Web site, http://www.nre cov is the Internet uniform resource locator name for the internet address of the Web site where NRC will ordinarily make available its public records for inspection.

47. In S 60.18, paragraph (f) is revised to read as follows:

$ 60.18 Review of site characterization activities.

(f) The Director shall publish in'the Federal Register a notice of availability of the site characterization analysis and a request fo'r public comment within a reasonable period, as specified (not less than 90 days). The notice along with copies of the site characterization analysis shall be 36

p .

available at the NRC Web site, http://www.nrc cov. and/or at the NRC Public Document Room, and copies of any comments received will also be made available there.

48. In @ 60.61, paragraph (d) is revised to read as follows:

6 60.61 Provision of information. .

(d) Copies of all communications by the Director under this section shall be made available at the NRC Web site, http://www nre cov, and/or at the NRC Public Document Room, and copies thereof shall be furnished to DOE.

I

49. In @ 60.63, paragraph (b)is revised to read as follows: {

1 6 60.63 Participation in license reviews.

f 1

(b) In addition, whenever an area has been approved by the President for site characterization, a State or an affected Indian Tribe may submit to the Director a proposal to facilitate its participation in the review of a site characterization plan and/or license application. The proposal may be submitted at any time and shall contain a description and schedule of how the State or  ;

l I

affected Indian Tribe wishes to participate in the review, or what services or activities the State or affected Indian Tribe wishes NRC to carry out, and how the services or activities proposed to be carried out by NRC would contribute to such participation. The proposal may include educational or information services (seminars, public meetings) or other actiors on the part of NRC, such as employment or exchange of State personnel under the Intergovernmental Personnel Act.

PART 62--CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS

! TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES i

37

~.

50. The authority citation for Part 62 continues to read as follows:

AUTHORITY: Secs. 81,161, as amended,68 Stat. 935,948,949,950,951, as amended (42

. U.S.C. 2111, 2201); secs. 201, 209, as amended,88 Stat.1242,1248, as amended (42 U.S.C. 5841, 5849); secs. 3,4,5,6,99 Stat.1843,1844,1845,1846,1847,1848,1849,1850,1851,1852,1853, 1854,1855,1856,1857, (42 U.S.C. 2021c,2021d, 2021e,2021f).

51. In S 62.11, paragraph (b)is revised to read as follows:

9 62.11 Filing and distribution of a determination request.

(b) Upon receipt of a request for a determination, the Secretary of the Commission will cause to be published in the Federal Register a notice acknowledging receipt of the request which will require that public comment on the request be submitted within 10 days of the date of the notice. A copy of the request will be made available for inspection or copying at the NRC Web site, htto://www nre cov, and/or at the NRC Public Document Room. The Secretary of the Commission

, will also transmit a copy of the request to the U.S. Department of Energy, to the Governors of the States of the Compact region where the waste is generated, to the Governors of the States with operating non Federallow-level radioactive waste disposal facilities, to the Compact Commissions with operating regional low-level radioactive waste disposal facilities, and to the Governors of.the States in the Compact Commissions with operating disposal facilities.

52. In S 62.22, paragraph (c) is revised to read as follows:

9 62.22 Notice of issuance of a determination 38 l

' l I

l

__ )

m 1 .

)

(c) The Secretary of the Commission will make a copy of the final determination available for inspection at the NRC Web site, htto://www.nre cov, and/or at the NRC Public Document Room.

PART.72 --LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE

53. The authority citation for Part 72 continues to read as follows: .

AUTHORITY: Sees. 51, 53, 57, 62, 63, 65, 69, 81,161,182,183,184,186,187,189, 68 Stat.-

-929,930,932,933,934,935,948,953,954,955, as amended, sec. 234,83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238,2282); sec. 274, Pub. L.86-373,73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202,206,88 Stat.1242, as amended, 1244,1246 (42 U.S.C. 5841, 5842, 5846), Pub. L.95-601, sec.10,92 Stat. 2951, as amended by Pub. L. 102-486, sec. 7902,106 Stat. 3123 (42 U.S.C. 5851); sec.102, Pub. L.91-190,83 Stat. 853 (42 U.S.C. 4332); secs.131,132,133,135, 137,141, Pub. L.97-425,96 Stat. 2229,2230,2232,2241, sec 148, Pub. L.100-203,101 Stat.

1330-235 (42 U.S.C.10151,10152,10153,10155,10157,10161,10168).

Secs. 72.44(g) also issued under secs.142(b)'and 148(c), (d), Pub. L. 100-203,101 Stat.  !

1330-232,1220-236 (42 U.S.C.10162(b),10168(c), (d)). Section 72.46 also issued under sec.189, 68 Stat._955 (42 U.S.C,2239); sec.134, Pub. L. 97425,96 Stat. 2230 (42 U.S.C.10154). Section 72.96(d) also issued under sec.145(g), Pub. L. 97-100-203,101 Stat.1330-235 (42 U.S.C.

10165(g)). Subpart J also issued under secs. 2(2),2(15),2(19),117(a),141(h), Pub. L.97-425,96 Stat. 2202,2203,2204,2222,2224, (42 U.S.C.10101,10137(a),10161(h)). Subparts K and L are  !

also issued under sec.133,98 Stat. 2230 (42 U.S.C.10153) and sec. 218(a),96 Stat. 2252 (42 U.S.C.10198).

1

54. In 9 72.200, paragraph (c)is revised to read as follows:

39 4

9 72.200 Provision of MRS information.

(c) Copies of all communications by the Director or the Director's designee under this @ shall be made available at the NRC Web site, htto //www nre aov, and/or at the NRC Public Document Room, and shall be furnished to DOE.

PART 75--SAFEGUARDS ON NUCLEAR MATERIAL- IMPLEMENTATION OF US/lAEA AGREEMENT

55. The authority citation for Part 75 continues to read as follows:

' AUTHORITY: Secs. 53,63,103,104,122,161,68 Stat. 930,932,936,937,939,948, as amended (42 U.S.C. 2073,2093,2133,2134,2152,2201); sec. 201,88 Stat.1242, as amended (42 U.S.C. 5841).

Section 75.4 also issued under secs. 135,141, Pub. L.97-425,96 Stat. 2232,2241 (42 U.S.C.10155,10161).

I

56. 'In $ 75.2, paragraph (b) is revised to read as follows:

. @ 75.2 Scope.

(b) The United States eligible list is a list of installations eligible for IAEA safeguards under the US/lAEA Safeguards Agreement which the Secretary of State or his designee files with the Commission, a copy of which shall be available for inspection at the NRC Web site, eto://www.nre aov, and/or at the NRC Public Document Room. In accordance with the provisions of the Agreement, there will be excluded from the United States eligible list:

(1) Activities having direct national security significance.

(2) Mining and ore processing activities. )

40-l l

1 PART 76--CERTIFICATION OF GASEOUS DIFFUSION PLANT l

5'7. The authority citation for Part 76 continues to read as follows:

AUTHORITY: Secs.161,68 Stat. 948, as amended, secs. 1312,1701, as amended,106 Stat.

2932,2951,2952,2953,110 Stat.1321-349 (42 U.S.C. 2201,2297b-11,2297f); secs. 201, as amended. 204,206,88 Stat.1244,1245.1246 (42 U.S.C. 5841,5842. 5845,5846). Sec 234(a),83 Stat. 444, as amended by Pub. L. 104134,110 Stat.1321,1321-349 (42 U.S.C. 2243(a)).  ;

i Sec. 76.7 also issued under Pub. L.95-601. sec.10,92 Stat. 2951 (42 U.S.C. 5851). Sec. I l

76.22 is also issued under sec.193(f), as amended,104 Stat. 2835, as amended by Pub. L.104-134,110 Stat.1321,1321-349 (42 U.S.C. 2243(f)). Sec. 76.35(j) also issued under sec.122,68 Stat. 939 (42 U.S.C. 2152).

58. In S 76.37, paragraph (a) is revised to read as follows:

Q 76.37 Federal Register notice.

l (a) A notice of the filing of an application specifying thM copies of the application, except for ;

1 Restricted Data, Unclassified Controlled Nuclear Information, Classified National Security l Information, Safeguards information, Proprietary Data, or other withholdable information will be made available for the public inspection at the NRC Web site, http://www nre cov, and/or at the NRC Public Document Room; PART 100--REACTOR SITE CRITERIA l 59. The authority citation for Part 100 continues to read as follows:

41

[ ,,

)

AUTHORITY: Secs. 103,104,161,182,68 Stat. 936,937,948,953, as amended (42 U.S.C. -

1 2133,2134,2201,2232); secs. 201, as amended,202,88 Stat.1242, as amended, 1244 (42 U.S.C.

-5841,5842). I 60, in S 100.11 the undesignated paragraph at the end of the section is removed and a new paragraph (c) is added to read as follows:

100.11 Determination of exclusion, low population zone, and population center distance.

(C) Copies of Technical information Document 14844 may be obtained from the NRC Public Document Room,2120 L Street, N.W., Washington, D.C., or by writing the Director of Nuclear i Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001.

PART 110-EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL

61. The authority citation for Part 110 continues to read as follows:

AUTHORITY: Secs. 51,53,54,57,63,64,65,81,82,103,104,109,111,126,127,128, i 129,161,181,182,183,187,189, 68 Stat. 929, 930, 931, 932, 933, 936, 937, 948, 953, 954, 955, 956, as amended (42 U.S.C. 2071,2073,2074,2077,2092-2095,2111,2112,2133,2134,2139, j

. 2139a,2141,2154-2158,2201,2231-2233,2237,2239); sec. 201,88 Stat.1242, as amended (42 ,

U.S.C. 5841), sec. 5 Pub. L.101-575,104 Stat. 2835 (42 U.S.C. 2243).

Sections 110.1(b)(2) and 110.1(b)(3) also issued under Pub. L. 96-92,93 Stat. 710 (22 U.S.C. 2403). Section 110.11 also issued under sec.122,68 Stat. 939 (42 U.S.C. 2152) and secs.

54c and 57d.,88 Stat. 473,475 (42 U.S.C. 2074). Section 110.27 also issued under sec. 309(a),

Pub. L.~ 99-440. Section 110.50(b)(3) also issued under sec.123. 92 Stat.142 (42 U.S.C. 2153).

Section 110.51 also issued under sec.184,68 Stat. 954, as amended (42 U.S.C. 2234). Section 110.52 also issued under sec.186,68 Stat. 955 (42 U.S.C. 2236). Sections 110.80-110.113 also 42

issued under (5 U.S.C. 552,554). Senns 110.130-110.135 also issued under (S U S.C. 553).

Sections 110.2 and 110.42(a)(9) also issued under sec. 903, Pub. L.102-496 (42 U.S.C. 2151 et.

seq).

62. In $110.2 the definition of Public Document Room is removed and new definitions of NRC Public Document Room and NRC Web site are added to read as follows:

110.2 Definitions.

NRC Public Document Room means the facility at 2120 L Street, NW., Washington, D.C. at which certain public records of the Commission were made available in paper or microfiche remain available for public inspection untilimplementation of the NRC Agencywide Documents Access and Management System, commonly referred to as ADAMS, in which all records are electronic. It is also the place where computer terminals are available to access the Electronic Reading Room component of ADAMS on the NRC Web site, htto //www nre cov, where copies can be made or ordered as set forth in @ 9.35. The facility is staffed with reference librarians to assist the public in identifying and locating documents and in using the NRC Web site and ADAMS. The NRC Public Document Room is open from 7:45 am to 4:15 pm, Monday through Friday, except on Federal holidays. Reference service and access to documents may also be requested by telephone (202-634-3273 or 800-397-4209) between 8:30 am and 4:15 pm, or by e-mail (PDR@nre cov). fax (202-634-3343), or letter (NRC Public Document Room, LL-6, Washington, D.C. 20555-0001).

NRC Web site, http://www.nre cov, is the Internet uniform resource locator name for the internet address of the Web site where NRC will ordinarily make available its public records for 4

inspection. )

1 43 J

,e '

63. In 110.70, paragraph (d) is removed and paragraph (a) is revised to read as follows:

@ 110.70 Public notice of receipt of application.

. (a) The Commission will notice the receipt of each license application for an export or import for which a, specific license is required by making a copy available at the NRC Web site, htto //www.nre cov, and/or at the NRC Public Document Room.

64. Section 110.71 is revised to read as follows:

s 110.71 Notice of withdrawal of an application.

The Commission will notice the withdrawal of an application by making a copy available at the NRC Web site, http://www nrc cov, and/or at the NRC Public Document Room.

65. In S 110.72, the section heading and introductory paragraph are revised to read as

- follows:

_ 110.72 Public availability of documents.

Unless exempt from disclosure under Part 9 of this chapter, the following documents pertaining to each license and license application for an import or export requiring a specific license under this Part will be made available at the NRC Web site, http://www.nre cov, and/or at the NRC Public Document Room:

66. In 9110.112, paragraph (b)is revised to read as follows:

$ 110.112 Reporter and transcript for an oral hearing.

(b) Except for any classified portions, transcripts will be made available at the NRC Web site, http://www.nrc aov, and/or at the NRC Public Document Room.

44

O

67. In S 110.113, paragraph (c) is revised to read as follows:

S 110.113 Commission action.

(c) If the Commission considers information not in the hearing record in reaching its licensing -

decision, the hearing participants will be informed and, if not classified or otherwise privileged. the information will be made available at the NRC Web site, htfo://www.nrc cov, and/or at the NRC Public Document Room, and furnished to the participants.

Dated at Rockville, Maryland, this day of ,1998.

For the U.S. Nuclear Regulatory Commission.

A. J. Galante, Chief Information Officer.

I l

I 45

.. ,~**

e

67. In 110.113,' paragraph (c) is revised to read as follows:

@ 110.113 Commission action.

(c) If the Commission considers information not in the hearing record in reaching its licensing decision, the hearing participants will be informed and, if not classified or otherwise privileged, the information will be made available at the NRC Web site, htto //www.nre cov, and/or at the NRC Public Document Room, and furnished to the participants.

Dated at Rockville, Maryland, this day of ,1998.

For the U.S. Nuclear Regulatory Commission.

A. J. Galante, Chief information Officer.

DOCUMENT NAME: G:\LPDR\FRULE *See previous concurrences.

To ricaive a copy of this document. Indicate in the box: "C" = Copy without enclosures "E" = Copy with enclosures *N" = No copy OFFICE IMD/ISB ISB/PDPS IMD/ISB OCIO/IMD IMD/RMB .

NAME SNorthern

• EYeates

• RPowell

• LBScattolini

• BShelton i DATE 12/N98 12/l/98 12/N98 12/3/98 12/ /98 OFFICE OGC ASLBP OPA NRR NMSS '

NAME  ;

DATE 12/ /98 12/ /98 12/ /98 12/ /98 12/ /98 i OFFICE SECY OEDO RI Rll Rlli NAME DATE 12/ /98 12/ /98 12/ /98 12/ /98 12/ /98 OFFICE ' RlV ADM/RDB OClO NAME MLesar AJGalante DATE 12/ /98 12/ /98 12/ /98 12/ /98 12//98 OFFICIAL RECORD COPY 45

-Q under this Part will be made available at the NRC Web site, htto //www.nre a , and/or at the NRC Public Document Room:

66. In @ 110.112, paragraph (b)is revised to read as follows:

Q 110.112 Reporter and transcript for an oral hearing.

/

(b) Except for any classified portions, transcripts will be made available at the NRC Web site, http://www nrc cov, and/or at the NRC Public Document Room.

67. In 6110,113, paragraph (c) is revised to read as follows:

@ 110.113 Commission action. -

(c) If the Commission considers information not in the hearing record in reaching its licensing decision, the hearing participants will be informed and, if not classified or otherwise privileged, the information will be made available at the NRC Web site, http://www.nrc m and/or at the NRC Public Document Room, and furnished to the participants.

Dated at Rockville, Maryland, t'his day of ,1998.

Fct the U.S. Nuclear Regulatory Commission.  ;

I A. J. Galante, 3 I

Chief Information Officer.

DOCUMENT NAME: G:\LPDR\FRULE To r:ctive a copy of this document. Indicate in the box: *C" = Copy without enclosures *E" = Copy with enclosures "N" = No copy OFFICE IMD/ISB l ISB/PDPS l lMD/ISB OClO/IMD IMD/RMB NAME SNorthern 2 .v EYeates .. .. c - RPowell - LBScattoliniLg s, BShelton lDATE 12/W98 12/ /98 12/.198 12/3/98 12/ /98 OFFICE OGC ASLBP OPA NRR NMSS NAME DATE 12/ /98 12/ /98 12/ /98 12/ /98 12/ /98 OFFICE SECY OEDO Rl Ril Rill NAME ^

DATE 12/ /98 12/ /98 12/ /98 12/ /98 12/ /98 _

OFFICE RIV - ADM/RDB OClO l NAME MLesar AJGalante DATE 12/ /98 12/ /98 12/ /98 12/ /98 12/ /98 OFFICIAL RECORD COPY 45 y