Text

Informs That NRC Has Sent Encl Amends to Commission Rules Re 10CFR11,2,7,9,50,51,51,60,62,72,75,76,100 & 110, Electronic Availability of NRC Public Records & Ending of NRC Local PDR Program, to Ofc of Fr for Publication
	ML20212G823
Person / Time
Issue date:	09/07/1999
From:	Rathbun D; NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To:	J. J. Barton, Inhofe J; HOUSE OF REP., ENERGY & COMMERCE, SENATE
Shared Package
ML20212G521	List: ML20212G516; ML20212G522; ML20212G529; ML20212G709; ML20212G754; ML20212G757; ML20212G765; ML20212G775; ML20212G823;
References
	FRN-64FR48942, 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 AG07-2-019, NUDOCS 9909300129
	Download: ML20212G823 (18)
	v • d • e

.

.L ggo g-2 September 7, 1999 j

The Honorable James M. Inhofe, Chairman Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environmental and Public Works United States Senate Washington, DC 20510

Dear Mr. Chairman:

The Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal Register for publication the enclosed amendments to the Commission's rules in Title 10 of the Code of i

Federal Regulations (10 CFR). The amendments incorporate a change in the way NRC records will be made available to the public, reflecting the NRC's decision to implement a new document management system that will permit the electronic storage, retrieval, and on-line ordering of publicly available NRC official records through the NRC Web site, and the discontinuance of the NRC's local public document room program.

The Commission is issuing the final rule which will become effective 30 days from the date of publication.

Sincerely,

/s/ Dennis K. Rathbun Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

As stated cc: Senator Bob Graham Identicalletter sent to the Honorable Joe Barton, United States House of Representatives.

DOCUMENT NAME: G:Congressionalltr Inhofe _

T2 receive a copy of thle document, indicate in the box: 'C' = Copy without enclosures *E' = Copy with enclosures

'N" = No copy OFFICE -

ISB/IMD -

)

-l lSB/IMD IMD/OClO

[,

OCA,, p l

t NAME SSNorthern AkN RAPowellFI &

FFGoldberg $@/~S DKF6dtsun DATE 08@99 08/W99 I

08#1/99 0$/7/99 08/ /99 OFFICIAL RECORD COPY 9909300129 990923 PDR PR 1 64FR48942 PDR t

i j

?90 ff.> 00/2-9 l 0h *

~

pn =tru h

UNITED STATES y

j j

NUCLEAR REGULATORY COMMISSION

\\.....,o #

WASHINGTON, D.C. 20556-0001 8

September 7, 1999 The Honorable James M. Inhofe, Chairman Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510

Dear Mr. Chairman:

The Nuclear Regulatory Commission (NRC) has sent the enclosed final rule for the Nuclear Regulatory Commission Acquisition Regulation (NRCAR) to the Office of the Federal Register for publication. The final regulation revisions, if adopted, will be published in 48 Code of Federal Regulations Chapter 20 in Fiscal Year 1999. The NRCAR establishes provisions unique to the NRC concerning the acquisition of goods and services. The acquisition regulations covered in the NRCAR are being amended to meet the requirements of Public Law 103-355, The Federal Acquisition Streamlining Act (FASA), Public Law 104-106, The Federal Acquisition Reform Act (FARA), and the Information Technology Management Reform Act (ITMRA) which modify and streamline Federal Acquisition Regula'. ions contained in 48 Code of Federal Regulation Chapter 1.

The proposed rule was published in the Federal Reaister on December 8,1998 for public comment. No comments were received.

Sincerely, N

ge Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

As stated cc: Senator Bob Graham

F.,

RGo74 September 7,1999 The Honorable Joe Barton, Chairman Subcommittee on Energy and Power Committee on Commerce

- United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal Register for publication the enclosed amendments to the Commission's rules in Title 10 of the Code of f

Federal Regulations (10 CFR). The amendments incorporate a change in the way NRC recwds will be made available to the public, reflecting the NRC's decision to implement a new document management system that will permit the electronic storage, retrieval, and on-line 1

ordering of publicly available NRC official records through the NRC Web site, and the i

discontinuance of the NRC's local public document room program.

The Commission is issuing the final rule which will become effective 30 days from the date of publication.

Sincerely,

/s/DennisK.Rathbun Dennis K. Rathbun, Director Office of Congressional Affairs l

Enclosure:

As stated cc: Representative Ralph Hall Identicalletter sent to the Honorable James M. Inhofe, United States Senate.

DOCUMENT NAME: G: Congressional ltr Barton T1 receive a copy of this document, Indicate in the box: 'C' = Copy without enclosures

E' = Copy with enclosures

N' = No copy OFFICE ISB/IMD ISB/IMD IMD/OClO OCA AA NAME SSNorthern.M N RAPowell,i W FFGoldberg F#

DKf%2ff(6n DATE 08/h99 08/$/99 08/#/99 0@J/99 08/ /99 OFFICIAL RECORD COPY

ts.s rag ye UNITED STATES j

j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.c. 2055!M001 l

\\,

/

September 7,1999 The Honorable Joe Barton, Chairman Subcommittee on Energy and Power Committee on Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal Register for publication the enclosed amendments to the Commission's rules in Title 10 of the Code of Federal Regulations (10 CFR). The amendments incorporate a change in the way NRC records will be made available to the public, reflecting the NRC's decision to implement a new document management system that will permit the electronic storage, retrieval, and on-line ordering of publicly available NRC official records through the NRC Web site, and the discontinuance of the NRC's local public document room program.

The Commission is issuing the final rule which will become effectivo 30 days from the date of publication.

Sincerely, y

JrMf f

^~

Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

As stated cc: Representative Ralph Hall l

l l

L

Mo74 48942 Federd Regist:r/ Vol. 64, No.174 /Thttrsday, September 9,1999/ Rules and Regulations PART 729-PEANilTS NUCLEAR REGULATORY electronically through the Electronic COMMISSION Reading Room on the NRC Internet Web

1. The authority citation for 7 CFR site imaged copies ofits newly received part 729 continues to read as follows:

10 CFR Parts 1,2,7,9,50,51,52,60, and created publicly available official 62,72,75,76,100, and 110 records that are in paper form. However.

Authority: 7 (LSE 1301,1357 et seg,

ultimately, NRC's newly created official 1372.1373,1375, and 7271.

RIN 3150-AG07 records wdl all be stored in ADAMS

2. Section 729.216 paragraph (c) is Electronic AvaHability of NRC Public only in electronic form, and NRC will revised to read as follows:

Records and Ending of NRC Local maintain only its pre-ADAMS records as Public Document Room Program Paper copies. Because of budget

$ 729.216 Nat6onal poundage quota.

cimstraints and the improved access to AGENCY: Nuclear Regulatory newly received and created records via Commission.

the NRC Web site under ADAMS the (c) Quota determinatm.n for individual ACTION: Final rule.

Commission decided to discontinue marketing years (excludmg seed)'

- funding of the LPDR program beyond (1) The national poundage quota for

SUMMARY

The Nuclear Regulatory Fiscal Year 1999.

quota peanuts for marketing year 1996 Commission (NRC)is amending its The NRC currently maintains 86 is 1,100,000 short tons.

regulations to reflect a change in the LPDRs in the vicinity of nuclear reactor way its records are made available to the and materials licensees: 72 support (2) The national poundage quota for public. The amendments reflect the power reactors; 2 support gaseous quota peanuts for merk,gting year 1997 NRC's decision to implement a new diffusion plants; 3 support high-level is 1,133.000 short tons.

document management system that will waste repositories; and the remaining 9 (3) The national poundage quota for permit the electronic storage, retrieval.

support fuel. cycle, low-level waste,and quota peanuts for marketing year 1998 and on line ordering of publicly other facilities, n survey of the facilities is 1,167.000 short tons.

available NRC official records through where LPDRs are currently located the NRC Web site.

revealed that all but six now provide. or PART 1446-PEANUTS EFFECTIVE DATE: October 12.1994 wiH provide internet access to its 3.The authority citation for 7 CFR E?u

' 0' i n t

plans to g

C fI r nat m discontinue the LPDR program. it has part 1446, continues to read as follows:

Services Hranch. Information ered di of We curW MM Authority 7 U.S C. 7271.15 U S C 714h Management Division. Office of the

%ran,es the opportum,ty to keep thm,r and 714c.

Chief Information Officer. U.S. Nuclear current LPDR document collections so Regulatorv Conunission. Washington.

the p. 9-ADAMS LPUR cellections can

4. Section 1446.310 is amended by DC 205'>'>-00% Mephone (301) 415-annuny be available in the local adding new paragraph (c) to read as 6527 email: RAP 1&nrc. gov.

communities. Of the 86 current LPDRs, follows:

SUPPLEMENTARY INFORMATION:

64 have expressed an interest in

$ 1446.310 Additional peanut support The Nuclear Regulatory Commissm.n maintaining their current LPDR levels.

(NRC) is amending its regulations to document collections after the LPDR reflect the use of a new electronic record program is discontinued. The decision keeping system for NRC records. Th" to accept this offer to transfer ownership (c ) The natm.nat support rate for.

NRC is establishing the Agencywid" of these collections and the length of additional peanuts for the 199n crop is Documents Access and Management time they will be maintained will be at

$175 per short ton.

SvMem (ADAMS) to provide for th" the sole' discretion of each library.

5. Section 1446.311 is amended by electrome submission, storage and in addition, the Governraent Printing adding new paragraph (c) to read as retrieval of NRC of ficial reconis. When Office (GPO) has agreed to accept the follows:

ADAMS hm omes operational, anv NRC LPDR microfiche conections that were official records that are normally not kept by the current LPDR libraries.

$ 1446.311 Minimum CCC sales price for publo ly as adable under th" GPU wdl blace these collections in their certah peanuts-Conuni sioni regulations will b" Federal Depositorv Library Program anotable cleuronically througn iFDLP). This assures the continuation of (c) The minimum CCC sales prii e for ADAMS. The regulations governin4 at least one LPDR microfiche collection additional peanuts to be sold from the u hith reconk are publiclv avaihble ar" in each of the states which now has one.

price support loan inventory for export

""dd"ded b this fmal rule. Publiclv AD AMS will provide the following 3

edible use from the 1998 and annlaMe nu ook w@ in' accede added benefits that should preclude or subsequent crops is $400 per short ton elet tronicalh from the ADAMS Pubh,c, minimize any public concerns regarding Signed at Washincon DC. on Tueuu n.

Librar> < omponent on the NRC Web the impact from discontinuing the LPDR 19 %

site, bttpmwu w.nro. gov (the Electronic program:

Keith Kell.n Reading Room).

1; ADAMS Internet access will Adminntmtor. farm Non n c.Wenn and When ADAMS becomes operational.

provide access to new secords in fuU Ewcutwe nor Prenfent. Commodm r redst NRC w ill discontinue furnistung paper test and image.

Corpomtion.

and microfiche copies of its publicly

2. ADAMS will provide an improved available records to the NRC Public electronic search capability. Under the it R Due 9nnr7 l ited 9-a.-w a n ami Document Room (PDR), located in exi3 ting system, only the Inbliographic Washington, DC. and the Local Pubh,c indexes and abstracts for most records neo coot m-ow Document Rooms (LPDRst, located near are available from the online BRS and nuclear power plants and other nuclear NUDOCS.

facilities. Under ADAMS NRC will

3. Some new records will be available initially begin making available to the public within days instead of the J

[

Federal Register /Vol. 64, No.174 / Thursday. September 9,1999/ Rules and Regulations 4t1943

- two weeks or lc,i. er it now takes for 2 Connet ficut Yankee Atonue Power requirement that facilities wh re LPDRs l

LPDRs to receive microfiche or paper Company /( rAPCol. I)ated May 20 are currently located provide Internet copies of new accessions.

1999 access.

4. Interne+ public access to the NRC Comment:CYAPCO fully supports the C mment Whose reyponsibility is it rovide and maintain such access?

Web site will provide diruct access to a NRC's imtiative to implement a new to fle5Ponse: The decision as to wh much broader range of the public than document management system that or n t an LPDR or any other public or just to those w ho. because of their close would permit the electronic storage, educational library provides and/or proximity, have access to the PDR and retrieval, and on-line onfering of LPDRs.

publicly availablo NRC official records 8"di"IdI"". Internet access is not withm, NRC s Junsdiction. liowever, under the through the NRC Web site.

Teleconununications Act of 1996, the The NRC PDR will still have pre-g, g,,: NRC comide %

Federal government is supporting ADAMS paper ami microfiche records on site and available to the public for m m M m h ird w o M e e M Htruernet access from public libraries and viewing and copying. The PDR wdl also g}lgy,

schools through fees collected under a

omment: CYAPCO also supports have computer termmals available for expanded use of ADAMS for electronic regulations issued by the Federal the public to access new documents on licensee submittals and agency Communications Commission.

the NRC Web site. The public will still documents for docketed

~

Likewise, many States have programs be able to obtain paper copies of new correspondence.

supporting Internet access from public electronic records by printing them from Response: NRC considers this libraries.

Cormnent: flas it been determined the NRC Internet Web site, by ordering comment supportive of the rule and it that such Internet access is Y2K them for a fee from the PDR directly requires no mrther response.

from the NRC Web site. or by using compliant? If not, when will Y2K current ordering methods. The current

$. S'"## "IINi"""' U"P'utment of compliance be determined?

^"CI"or Sofety IIDNSI. Dated Mar 27 Resporme: NRC has no jurisdiction methods are: in-person at the PDR. mad.

over Internet access at any of its current e-mail fas or by calling the PDR Refen nce Services on the tolbfree ano Comment IDNS supports the LPDR library facilities in luding telephone number. Bibliographic expanded sn ailability of NRC records u hether or not rouch access is Y2K descriptions of documents currentiv through the NRC Web site. This should compliant.

identified in the PDR's lubhographw facilitate greater public access to th"

( Lynn Connor, Portland, Oregon.

Retrieval System (HRS) and in NUDOCS records and cost savmgs to NRL De'd fune 15.1999 will be posted on the NRC m b site.

Ur^Ponse: NRC considers this This will also allmv the public to onler

("mnwnt supportive of the rule and it Comment:1 believe it is impossible to copies of pre-ADAhts paper and requires no further response.

provide any meaningful comment on a C"'mnent Wiu documents relating to system that is not yet operational and microfiche records. The public will ako Pan 30 and Part 40 bcenses he available for which there is very little pubhc have access to the NRC Web site from on the NRC's Web site?

information available on how it will any computes with Internet access and N"'ponse:i es. publicly available w rk.

will be able to download the records to documents ren%ed m aeated aner We Response: NRC acknowledges th,si the computer they are using for printing unplanentadon of ADAhE relating to comment and beaeves that sufficient or other supported functions-part 30 and part 40 licenses will be information has been provided Public Comment Summary available on the NRC's Web site.

regarding the plannnd operation of the Documents pnor to the impbementation new system.

The NRC published a proposed rub-of ADAN1S. will not routinelv be placed on Niay 7. Mm. Hi4 i R 2431D h mto the ADAh1S system. but thov < an be I""" #

response, the NkC rm eived ten deonhed hom the legwv wstems comments from the public The mi..v., awlahir online'm the :\\D Anis Comment:The NRC should maintain comments are addrewed indaidualk 1.b" tmnu Peadmg Room and ordered at least one LPDR in each state that below:

trom th PDR. or. if convenient. can be currently has an LPDR.

n eued on the mh mfi< he at one of the N"V""'e: Of the n LPDRs that have

1. farth D I hlre. He< en ed i u E.m m.,

microfiche. 54 have agreed to keep their 9

y g

'"II"ctions and the remaining 19 will be wmr l e dilectmn Thme libraries and transfened to the GPO Federal Comment'If sou ehnunate the puh!n

'h"n 1 o ations a di be identihed on the Depository Library Program, assuring NRC bb site.

document room and put o un the C"n """n t : NRC. not heensees, wdl be the continuation of at least one LPDR Internet (whi h I believr a a wonderful cohettion in each of the states whh h hira uno I use the Internetlihr rule m responuble for unagh"t paper copa's "H""I"' trono: funn. Is dus correct?

now ha\\one. The librarie that an appendis should inthnic a h t of currentl) house the < ollections to be How w di NRC h.mdle over.iie pubhc hbraries in the U S mlocated will receive the f mal loc unn nts>

Hesponse:The Pubhc Dm ument Hespom.e Yes. NRC will be shipments of microfh he from the Room (PDR). in Waslungton DC. a not o~ponuble for imeng peer i opies H i urrent document management sptem.

j being eliminated. The Local Pubhc hc ensees do not submit do, uments m making the colls tions complete before Dotument Room (LPDR1 procram.

,.in tronn torm. inchtding ut ersind anv transfers. The LPDRs that have l

supporting document collettmns set uP d

unn nts opted to keep their collections bas e i

in libraries near nuclear facilitws, ih Comment. Is there a legal requirernent been asked to contact the GPO first being discontmued flowever, most of that Lu ilities, where LPDRs are before making any disposition deciuons I

those libraries are retaimng their currentiv located, provide Internet if they change their mind and no longer collections. A list of pubhc lararie in access > '

wish to maintain their coHections the U.S. should be available at any Hesponse: No NRC has no authority,

Comment:The NRC shouhl fac ihtate public library as well as on the Internet. to do so and has never estabbsbed any the transfer of the LPOR coHection from

5 48944 Feder:1 Register /Vol. 64, No.174/ Thursday, Septernber 9,1999/ Rules and Regulations 3

eny LPDR which does not wish to keep

7. Licensing Support Services. Dated to those records less accessible to those l

its collection to an appropriate library June 18.1999 for whom they were conveniently 1 cated before the move. Overall, public nur the site of uranium mills which Comment:lt is prudent to trv out a am to the NRC Web sito via the have operated under license to the AEC new system first, to debut it ami verify Internet will provide direct access to a and/or the NRC.

that it can accomplish what is intended, much broader range of the public than l'

_ comment, method ia is to replace.

Response: See response to previous before abandoning the tried and-true Just to those few who, because of thetr cl se proximity, have had convenient Comment:The NRC should establish Respcnse:The NRC's current access to the PDR and LPDRs. The a priority list for the transfer of LPDR '

document management system, collections to mill site areas. First on the NUDOCS, was not Y2K c'ompliant. A public can now use any access to the Internet b access NRC publicly list should be the Grants and Gallup decision had to be made whether to available documents, whether it be from areas of New Mexico, Wyoming, and expend funds to keep that system 3

their place of busm,or university library, a pubhc, college.

southeastern Utah.

operating after ADAMS. The NRC ess, or their home Response:The first priority that NRC determined that it was not economically erational.

using their own personal computer.

established was to allow current LPDR feasible to keep NUDOCS o[of a delay These changes to NRC regulations only libraries to keep the collections they Comment:The likelihoo affect the way records are made now have. The next priority was to in implementing ADAMS, combined available to the public by formally j

transfer any microfiche collections that with the end of support for LPORs at the discontinuing the LPDR program and LPDR libreries did not elect to keep to beginning of FYoo, makes it very likel,

making the Web the main avenue for ths GPO for placement in aheir Federal that public access to information will e ublic access. No other changes have Depository Library Program IFDLP) in.

interrupted for a time.

{een made or addressed.

at minimum, each of the states which Response: ADA'MS should begin Comment: Has NRC done an now has an LPDR microfiche collection. providing public access to docu nents The NRC currently maintains an LPDR effective October 19% Public access to assess nent of the use of the LPDRs and j

- in the Grants and Gallup areas of New information is not expected to be how do members of the public feel Mexico, located at the Dine College, interrupted. As previousiv described.

about NRC's plans?

i Crowsepoint, New Mexico. An Ll'UR most of the current LPDR's that have Response: Over the voars. NRC has also exits in the state of Utah at the microfiche have agreed to keep their received quarterly reports of public Marriott Library, University of Utah.

collections and the remaining ones will usage of the LPDRs and found use at Salt Lake City. Both of those libraries be transferred to the GPO Federal many of them to be minimal. Based on have elected to keep their collections.

Depository Library Program. Should the limited number of comments in ADAMS l' plementation be delayed, response to the proposed rule and other There is not currently an LPDR in the m

state of Wyoming. -

NRC would continue with the current miscellaneous responses in direct The change will not lessen the process until the new system is in place. conversations with LPDR librarians, the public's accessibility to NRC Comment: LSS is concerned that the current PDR and LPDR wers welcome information, except to those few who, volume of material, and the practical the new system which promises to bscause of their close proximity, have needs of preparing it for web provide much broader and easier access

)

hed convenient access to the PDR and availability, will make it difficult or than currently available.

LPDRs prior to relocation of an LPDR.

impossible to fulfill the promise mad" Comment: Should users be forced to pay a fee to access NRC documents?

Overall, public access to the NRC Web in the proposed rule.

site via the Internet will provide direct Response: Currently, documents to b" hsponse: Libraries do not charge access to a n,mch broader range of the posted to the Web site have to first b" Se r patrons to view on the Internet, but public than just those few for whom coded in hypertext markup language.

as with paper copies, charges may be they were conveniently located before This process can take several days.

made fur printing. Users now pay fees the move. The public can now use any However. ADAMS is not currently be.ing for copie of documents whether they access in the Internet to access NRL used for the posting of documents to th" obtain them from the PDR or the LPDR.

pubhcly available documents, whether web. ADAMS does not require coding to Under ADAMS. many users will be able j

tt be from a pubhe, colk y,e. or university post to the Web and, when it becomes to obtain documents at no cost via thmr library, thmr place of business, or their operational, the only delavs in release home computers by downloading to a I

home using their own personal will be those w hich the NRC staff disk or printing a document. However,

computer, purposely establishes to preclude just as they do now, the public can still

6. Nuclear Energv Institute INEll. Dated premature releases to the pubhc.

order documents from the PDR for a fee.

June 21,1999 8 Unsigned and Undated Received Comment: The NRC needs a customer Comment: NEl commends the NRC on fune N, IM feedback process to ensure that public's comments are obtained and acted upon its initiative to make its records Comment The commenter provides availablo electronically. The availability various comments regarding concerns or during the transitmn penod.

of NRC records via an electronic format dissatisfaction with the current status of Response: NRC is very much aware of

~

) will provide broader, more timely public accessibility to records and the need for public feedback to resolve j

access of this information to all of the interest in expansion of the current problenis that are certain to he NRC's stakeholders. Furthermore. the LPDR system.

encountered in this major transition.

cost savings that will be realized Response:The proposed rule The PDR will continue to serve as the through the elimination of the Local announced the change in the way the public interface to assist the public in Public Docuraent Room (LPDRs) will be NRC will provide publicly available obtaining timely and full access to beneficial to all stakeholders.

Information. The change ivill not lessen NRC's publicly available information i

i Response: NRC considers this the accessibility to NRC information, and the ADAMS Web site will provide comment supportive of the rule and it except perhaps in a few instances where information and a means for the puolic sequires no further response.

LPDRs relocate, thereby making access to ask questions and provide comments.

i i

a

l l

Fed:rd Regist:r/Vol 64, No.174 / Thursday, September 9,1999/ Rules and Regulations 48945 e

Comment: Will NRC fund and ADAh1S may be plac ed in ADAh15 on Because records will be released maintain and upgrade the computer a selective bads.

electronically to the public rather than terminals, software, and printers in Comment: The RC should in paper or microfiche, this rule amends LPDRs?

implement controls to ensure that the the regulations in 10 CFR Parts 1,2,7, liesponse: No. The NRC is document processing con ractor is 9,50,51,52,60,62,72,75.76,100,and discontinuing its LPDR program and properly qualified to classify " externally 110 to reflect the manner in which these will ra longnr be fundia libraries that generated" documents.

~

' records would be made publicly keep those collections.

fiesponse: The NRC document available.

Comment:If NRC is replacing the processing contractor is the same To reflect the discontinuance of NRC LPDR with the Internet why can't thoso contractor that processed documents support of libraries serving as LPDRs, records made available through NTIS under the NUDOCS system and will be references to NRC LPDRs will be deleted also In) made available through the qualified to classify timse documents it in 10 CFR 2.1231(a)(1)(ii), and (b}; 9 35 Internet?

processes under ADAhtS.The (b) and (e); 50.30(a)(5); part 50 Ilesponse: Records made available document processing contractor Appendir " section 4; 51.120; part 52, through NTIS will be available through determines the public availability of Appendi;

,ection 5; part 52, the Internet in ADAMS.

documents only for certain documents Appendix Q, section 4, and 76.37(a).

Comment: Shouldn't NRC build a using pre-determined criteria. All others in addition, several other minor relational information system such that are made pubhcly available by staff conforming changes will be made. The a member of the public can locate all review of the documents and definition of the PDR in 10 CFR 2.4, NRC and licensee information, instructions to the document processing 60.2. and 110.2 is now in a new including upcoming meetings about a contrador or by the staff processing paragraph and will be revised to reflect specific licensee?

them directly into ADAh1S.

that records newly created or received Response:The PDR staff has been Comment:The NRC should include since the implementation of ADAh1S assigned primary responsibility for the an advance copy public library in the that are publicly available are now design of the organizational scheme for ADAhls architecture.

available in the PDR in electronic form ADAhfS to ensure that the transition Response:There will not be a need for for inspection and copying, and that from the current sntems (HRS and an advance copy public library, since copies can be ordered from the PDR. A NUDOCS) for locating documents to once a document is marked to be new paragraph will define the NRC Web ADAhtS will be as easy as passible for releawd to the public the release is site as the Internet location where NRC the public.

made. There will not he any backlog of records are made available for public

9. trinston & Stron n. Dated /une 13.

unprocewed docunients in this inspection and copying and that the document management system.

public can also order copies of f999 documents from the PDR through the Comment: Civen the magnitmie and to Gerg C Slagis, Pleasont Ihn, CA.

NRC Web site.

volume of official record material T4ted lune 23,1999 Section 9.2(a) will be revised to delete created and received by the Agency, we Comment:1 applaud the use of the reference to the availability of urge that a similar organizational ADAhtS to make NRC officialiecords records on 4ax microfiche through the scheme be adopted for the ADAh1S to available to the public. However, I am National Technical Information Service help facilitate the public access to against the shutting down of the LPDR (NTIS). When NRC begins making its documents by docket number reference pnigram beyond Fiscal Year 1999. The records available from the NRC Web group, or subject area problem is public access to the NRC site, microfiche copies will a longer be Response: See the previous response.

official reconis prior to ADANtS. A produced. The address for the NTIS and Comment:We recommend that the person needs to be able to view the a statement that certain listed ADAN15 or the PDR accommodate the dm umonts before copying certain pages documents can be ordered from the public availability of records that are or on!" ring the entire document.

NTis will be added to 9.21(a). Section not suitable for electronic dissemination Hcsponse. Although the NRC is going 9 2 tid) will be deleted because the (e g. video tapes, audio tapes, ett I to thst ont nue the LPDR program at the publication Title List of Documents Hesponse: The NRC uill end of September 1%9. documents Ntade Publicly Available, NUREG-0540 accommodate the publir atadabihts of o.suod prior to ADAhts implementation will no longer be published. Section recor is that are not sunable for nill std! he au essible to the public.

9 21(e) will be revised to show that only electronic dissemination.

Dm uno nts published or is ued before the published versions of final opinion.

Comment: Will imaged records in the the implementation of ADAh!S. wi!! not and orders. referred to in 9.2(c)(1), are ADAN1S indude the official NRC routmelv be plat ed into the ADAh1S available from the NTIS in the watermark and signature?

system. However, these documents can public ation. Nuclear Regulatory j

Hesponse: The electronic copy of b'o nientified from the legacy systems issuam es (NUREG-0750). The reference j

documents in ADAhtS will show a (URS and NUDOCS)indews available to interpretations in 9 21(c)(2) will be l

signature (and w atermark if it is prewnt online in the ADANtS Electronic deleted because they are not available and visible enough to be imaged) just as Reading Room and ordoed from the from NTIS.

is currently available in the microfiche PDR. or, if convenient. can be accessed Section 9 23(a)(2) will be deleted I

and photohopies of paper records.

on the microfiche at one of the hbraries becauw it repeats information included Comment: We believe that all that has retained the LPDR record m the revised 9 21ia). Section 51.123lal NUREGs should be available on collet tion. hiost of the I.PDRs ari.

aml (b) will be revised to renect the ADAhtS.

keeping their microfiche collections.

correc t address where requests for draft l

Hesponse: All publicly available Therefore, most of the public who have environmental impact statements and

]

NUREGs published after the access to an LPDR now will continue to draft findings of no significant hazard implementation of ADAMS will be have access after ADAh1S is operational. can be submitted.

available in ADAh1S. NUREGs Those libraries and their locations will Changes are made in several sections published before the implementation of be identified on the NRC Web site.

to reflect the correct name of the NRC W

b I

1 5

48946 Federal Regisler/Vol. 64, No.174/ Thursday, September 9,1999/ Rules and Regulations PDR. In addition, several misspelling it has offered each of the current LPDR 10 CFR Part 9 corrections are made, libraries the opportunity to keep their cumnt LM document colls tions i.o Criminal penalties, Freedom of National Technology Transfer and the pre-ADAMS LPDR collections can Information, Privacy, Reporting and Ad '*"**"' A C' continue to be available in the local recordkeeping requirements, Sunshine The National Technology Transfer communities. Of the 86 current LPDRs, Act.

End Advancement Act of 1995. Pub. L.

64 have expressed an interest in 10 CFR Part 50 104-113, requires that Foderal agencies maintaining their current LPDR use technical standards developed or document collections after the LPDR Antitruet, Classified information, adopted by voluntary consensus program is discontinued. This Criminal penalties. Fire protection, standards bodies unless the use of such constitutes tiie regulatory analysis for intergovernmentalrelations Nuclear a standard in inconsktent with this rule.

power plants and reactors, Radiation pmtection, Reactor siting criteria, epplicable law or is otherwise Regulatory Flexibility Cert!fication Reporting and recordkeeping impractical. There are no industry consensus standards that apply to the As required by the Regulatory requirements.

olectronic availability of public records. Flexibility Act of 1980,5 U.S.C. 605(b),

Thus, the provisions of the Act do not the Commission certifies that this rule 10 CFR Part 51 epply to this rulemaking.

does not have a significant economic Administrative practice and mpa up n a substantial number of procedure, Environmental impact Environmental Impact--Categorical small entities. The final rule statement, Nuclear materials, Nuclear Exclusion.

implements a new procedure for making power E ants and reactors, Radiation l

The NRC has determmed that this records available to the pubhc. The NRC final rule is the type of action described believes that the changes will not have "d"',"'.f"8 II"".

in categorical exclusmn 10 CFR an adverse economic impact on any 51.22(cl(11 and (2).Therefore, neither un class of licensee. including small ~

10 CFR Part 52 environmental impact statement nor an entities, or the general public. On the Administrative practice and environmental assessment has been contrarv. the NRC believes that the final procedure, Antitrust, Backfitting.

prepared for this final rule.

rule pr6vides wider opportunities and Combined license, Early site review, make it easier for interested persons to P:perwork Reduction Act Statement ob n ew ublicly available NRC Emergency planning, Fees, Inspection, Limited work authorization, Nuclear This final rule does not contain a now n cords.

Power plants and reactors, Probabilistic or amended information collection requirement subject to the Paperwork Backfit Analysis risk assessment, Prototype, Reactor Reduction Act of 1995 (44 U.S.C. 3501 The NRC has determined that the siting criteria, Redress of site, Reporting et seg ). Existing requirements were backfit rule does not apply to this final and recordkeeping requirements, approved by the Office of Management rule; and therefore, a backfit analysis is Standard design Standard design and Budget, appmval numbers 3150-not required for this final rule because certification.

0043,3150-0011,3150-0021,3150-these amendments do not involve any Jo CFR Part 60 0151,3150-0127,3150-0143,3150-provisions that would impose backfits 0132,3150-0055,3150-0093, and 315n-as defined in 10 CFR chapter 1.

Criminal penalties, liigh-level waste, Nuclear power plants and reactors.

0036.

Small Business Regulatory Enforcement Nuclear materials, Reporting and Public Protection Notification Fairness Att recordkeeping requirements, % aste if a means used to impose an In accordance with the Small treatment and disposal.

information collection does not di9 av liusinew Regulatorv Enforcen ent l

M W M 62 a currently valid OMB control numtwr.

Fairnew At t of 1996. the NRC has the NRC may not conduct or sponsor, deternuned that this action is not a Administrative practice and and a person is n, ot required to mspond major ride and has verified tfus proced"re. Denial of access, Emergency to, the mformatmn collection.

determmatmn with the Office of, access to low-level waste disposal, Low-

"E" "'"

level radioactive waste, Low level Regulatory Analysis

["'" d ' *" ""

radioactive treatment and disposal, This final rule implements a new NRC Lig of Subjects in to CFR Law. level waste policy amendments act brocedure for making records available 1985. Nuclear matenals, Reporting o

r public ins motion and copyine This 10 CFR Port I TN M rule does not at e any adverse Orgamzation and funct.

ions 10 CFR Part 72 economic impact on dny class of (Government agencies).

licensoo or the NRC. To the contrary, the Manpower training programs, final rule with its new provisions ~

10 CFH Part 2 I"I"G.omnmemal relations. Nuclear allowing Internet access from homes.

Administrative practice and matenals, Nuclear power plants and offices, schools, and public libraries to procedure, Antitrust, Byproduct reactors. Reporting and recordkeeping NRC publicly released records provides material. Classified information, m;umments. Snunty measuns some new and additional henefits to Environmental protection. Nuclear those seeking access to NRC records. A materials, Nuclear power plants and 10 CFR Part 75 survey of the facilities where LPDRs are reactors, penalties, Sex discrimination, Criminal penalties, intergovernmental l

. currently located revealed that all but Source material. Special nuclear relations, Nuclear materials Nuclear six now provide, or will provide, material, n'aste treatment and disposal.

Internet access to its patrons hv the end power plants and reactors, Reporting 10 CFR Port 7 and recordkeeping requirements, of 1999. Additionally, although NRC plans to discontinue the LPDR program, Advisory committees, Sunshine Act.

Security measures.

Fed:rd Regist2r/Vol. 64, No.174 / Thursday, September 9,1999/ Rules and Regulations 48947 20 CFR Part 7ti Street, NW. Washington. D C, and at U.S C. 2239) Subpart.M et,o issued under Certification, Criminal penalties, each of NRC's Region,d Ofbres.

wt 1H4 (42 U.S C. 2234) and sec.189. 6H Radiation protection Reporting and Information may also be obtamed from Stat 955 (42 iLS C. 2239) Appenda A ako y."$"i Qggb L 91460.84 Stat d

the Office of Public Alfairs or from recordkeeping requirements, Security measures. Special nuclear material, f ublic Affairs Officers at the Regional Offices. In addition. NRC Functional

4. Sectm.n 2.4 is amended by adding Uranium enrichment by gaseous the definition of NRC Public Document diffusion.

Organization Chads, NUREG-0325, contains detailed descriptions of the Room and NBC Web sne to read as folknvs:

la CFR Part 200 functional responsibilities of NRC's Nuclear power plants and reactors, offices. It is revised annually and is

$ 2.4 Definitions.

Reactor siting criteria.

avadable for pubhc mspection at the NRC Web site http://www.nrc. gov, and/

NRC Public Document Room means f 0 CFR Part 110 or at the NRC Public Document Room, the facility at 2120 L Street, NW, Administrative practice and or for purchase from the Superintendent Washington, DC where certain public procedure, Classified Information, of Documents, US Government Printing records of the NRC that were mado Criminal penalties, Export, import, Office, P.O. Hox 37082, w ashington, DC m gigf,gg

yggg, Intergovernmental relations, Nuclear 20013-7082; and from the National y gg.gg,gg materials, Nuclear power plants and Techmcal Information Service, implementation of the NRC Agencywide reactors, Reporting and recordkeeping Springfield, \\ A 22161' Documents Access and Management requirements, Scientific equipment.

System, commonly referred to as f or the reasons set out in the ADAh15, wt11 remain available for preamble and under the authority of the PART 2-RULES OF PRACTICE FOR

,c mspection. it is also the place Atomic Energy Act of 1954, as amended: DOMESTIC LICENSING PROCEEDINGS pu

'f,';'i,b e t the Energy Reorganization Act of 1974, AND ISSUANCE OF ORDERS ce s h Ele n i as amended; and 5 U.S C. 552 and 553; 1 The athority citation for Part 2 Reading Room component of ADAMS the NRC is adopting the following amtinum to rede blhym on the NRC Web site, httpd/

www.ntc gov, and where copies can be

,51 i L t 2, 7 5, i 10 a i Authority Secs to1. in1. na Sia 94H.

made m mA c set forth in % 9.35 of "R d' d"'""d"d 142 US C. 220L 2 nit set 110' 19L.a amended. Pub L a7-615. 76 Stat. 409 this chapter. The facility is staffed with I42 N 224 n,,m 201, as Stat 1242. as reference librarians to assist the public PART 1-STATEMENT OF amen ed (42 LLS C. 584iL 5 LLS C 552 in identifying and locating documents ORGANIZATION AND GENERAL Sa U"" 2 01 dlw wued under m 51.

and in using the NRC Web site and INFORMATION:

62 n L n1.10.t 104, tos, ou Stat. 930.932.

ADAMS. The NRC Public Document

1. The authority citation for Part 1 fy$fy"(Q7jjg"j"23,"],N34, Room is open from 7:45 am to 4:15 pm.

5" Monday through Friday, except on continues to read as follows:

21 rit wc. ml0. Pub. L 97-425. 96 Stat Federal holidays. Reference service and Authorits Secs. 23,161, na Stat. 925,94s.

2213. as amended (42 (LS C. tot 43(0L sec.

as amended (42 U.S C. 2033,2201). sec. 29, 102. Pub L 91-140. H3 Stat. 853, as amended access to documents may al80 be Pub. L 85-256,71 Stat. 579. Pub. L 95-(42 lLS C. 4332L sec. 301. 88 Stat.1248 (42 recluested by telephone (202-634-3273 209.91 Stat.1483 (42 (LS C. 2019L sec.141, lLS C. 5871) Sertions 2.102,2 103,2 104, or 800-397-4209) between 8:30 am and Pub. L 87-615. 76 Siat 409 (42 (LS.C. 22411. 2105.2321 also issued under secs. 102.103.

4:15 pm, or by e-mail (PDR@nre. gor),

secs 201. 203,204,205. 209. H8 Stat 1242.

104,105.183i.189. b8 Stat 916. 937,938 fax (202-634-3343), or letter (NRC 1244,1245.124h. t248, as amended (42 954.955. as amended (42 LLS C 2132. 21.3 L Public Document Room, LL-6, U.S C. 5841,5H43. 5844,5845,5844L 5 2134.2135.2233,2239) Sm tion 2105 also Washington, D C. 20555-0001).

(LS.C. 552. 553; Reorganuahon Plan No 1 of

%n d under Pub L 97-415. 96 Stat 2073 19HO. 45 l R 40561. lune 16.19HO (4.' l' S C. 22 39). Sm tions 2 200-2 20h also n.su-a under sen u,1 b. i. o.182. Imt 34.

NRC Web site, http:#www.ntc. gov. is the Internet uniform resource locator

2. In $ 1.3, paragraph (a) is revised to

.,a wo 94a-9u. 9 >s. al Sta m as read as follows:

.unend-d (42 U S C 2201(bL ut to). 2nh.

name for the Internet address of the Web

'"" Stat 1246 (42 Il S C site where NRC will ordinarily make

$ 1.3 Sources of additionalinformation.

.iawl sm inms i.,uSld also moed under available its public records for (a) A statement of the NRC's Pub L 101-410.104 Stat. w as amended in inspection.

organization, poh,cies, procedures, e tmn 31oolst Pub L 104-114.110 Stat assignments of responsibility, and 1 (21-- A Q3 l' S C 2461 notel Sectwns 2 non-2 hon aM issued under set 102. Pub

5. In % 2.101. paragraph (a)(2).is delegations of authority is in the

~

L "'-1"o. 81 Stat 853. as amendal 142 n' vised to read as follows:

Nuclear Regulatory Commission Management Directives System and j

,fejt[h i;2;g 5\\

2.101 Filing of application 2 0 1

other NRC issuances including local

mo, g 0. 2 780 a6 ssued under 5 (1S C (al * *

directives issued by Regional Offices 3p s,t uon 2 '64 also issued under sm s (2) Each application for a license for Letters and memoranda containing 1 n 141. Pub. L.97-425. on Stat 2232.2211 a facility or for receipt of waste directives delegations of authority and 142 t's C 10:55.10161t Secunn uwo Oso radioactive material from other persons the like are also issued from time to issued under a 103. La stai 9an. as for the purpose of commercial disposal time and may not yet be incorporated ornended (42 tts C. 2133) and s t ES C. 5s2-by the waste disposallicensee will be S* ""n' 2 """ and 2 HOB al'" ""d u nder Asigned a docket number. However, to into the Management Directives System, 5 C S C 553 S"on 2 809 also issued under Alow a determination as to whether an parts of which are revised as necessary.

Copies of the Management Directives

[3Q,yn"jn$d$2

[

application for a construction permit or System and other delegations of Subpart K also issued under sec.189. 68 stat. operating license for a production or authority are available for public 95; (42 U.S C. 2239). Sec.134. Pub. L 97-utilization facility is complete and inspection and copying for a fee at the 425. 96 Siat 223o(42 t s C. to154L Subpart acceptable for docketing, it will be NRC Public Document Room,2120 L L ab.o bsued under sm 189. 6H Stat. 955 (4? initially treated as a tendered

48948 Federd Regist2r/Vol. 64, No.174/ Thursday, Septernber 9,1999/ Rules and Regulations application. A copy of the tendered appropriate action in accordance with an official reporter who may be application will be available for public paragraph (b) of this section designated by the Commiss' ion or may be a regular employee of the

~

inspection at the NRC Web site, http:/

/www.ntr. gov, and/or at the NRC Public

8. In S 2.701, paragraph (a)(1) is Commission. The transcript prepared by Document Room. Generally, the revised to read as follows:

the reporter is the sole official transcript determination on acceptability for of the proceeding. Except as limited docketing will be made within a period

$ 2.701 Filing of documents-pursuant to Sec.181 of the Act or order of thirty (30) days. liowever, in selected (a) * *

of the Commission, the transcript will construction permit applications, the (1)lly delivery to the NRC Public be available for inspection at the NRC Commission may decide to determine Document Room at 2120 L Street, NW.,

Web site, http://www.ntc. gov, and/or at acceptability on the basis of the Washington, DC, or the NRC Public Document Room. Copies technical adequacy of the application as of transcripts are available to perties and well as its completeness. In these cases,

9. In 6 2.740, paragraph (b) (1) is to the public from the official reporter the Commission, pursuant to $ 2.104(a),

revised to read as follows:

on payment of the specified charges.

will direct that the notice of hearing be 9 2.740 General provisions governing issued as soon as practicable after the

11. In S 2.790, the m. troductory text of oi, coy,7y, application has been tendered, and the paragraph (a) and paragraph (c) are revised to read as follows:

determination of acceptability will be (b) * *,

made generally within a period of sixty (1)In geneml. Parties may obtain

$ 2.790 Public inspections, exemptions, (60) days. For docketing and other discovery regarding any matter, not requests for withholding.

requirements for applications pursuant privileged, which is relevant to the (a) Subject to the provisions of to part 61 of this chapter, see paragraph subject matter involved in the paragraphs (b),(d), and (e) of this (g) of this section.

proceeding, whether it relates to the section, final NRC records and claim or defense of any other party, documents, including but not limited to

6. In @ 2.110, paragraph (c) is revised including the existence, description, correspondence to and from the NRC to read as follows:

natum, custody, condition, ana location wgarding the issuance, denial.

f 92.110 Filing and administrative action on T

tang le things and the idi ntit3 and modification', suspension, revocation, or sutimittals for design review or early review location of persons having k.nowledge of violation of a license, permit, or order, of sitesultability issues.

any discoverable matter. % hen any or regarding a rulemaking proceeding book, document or other tangible thing subject to this part shall not, in the (c) Upon complet;on of review by the sought is reasonably available frem absence of a compelling reason for NRC staff and the ACKS of a submittal another source, suc'h as m the NRC Web nondisclosure after a balancing of the of the type described in paragraph (a)(1) site, httpv/www.nrc gov, and/or the interests of the person or agency urging s

of this section, the Director of the Office NRC public Document Room, sufficient nondisclosure and the public interest in of Nuclear Reactor Regulation shall response to an interrogatory involving disclosure, be exempt from disclosure publish in the Federal Register a such materials would be the location, and will be made available for determination as to whether or not the the title and a page reference to the inspection and copying at the NRC Web design is acceptable, subject to relevant book, document or tangible site, http://www.ntc. gov, and/or at the conditions as may be appropriate, and thing. In a proceeding on an application NRC Public Document Room, except for shall make available at the NRC Web for a construction permit or an operating matters that are:

site, http://www.nre gov, a report that license for a production or utilization

=

a analyzes the design.

facility. discovery begins only after the (c)lf a request for withholding i

d

7. In $ 2.206, paragraph (a) is revised preheaiing conference provided for in pursuant to paragraph (h) of this section to read as follows:

4 2.751a and relates only to those is denied, the Commission will notify matters in < nntroversy w hich have been an applicant for withholding of the 9 2.206 Requests for action under this identified by the Commission or the denial with a statement of reasons. The

""D'*

presiding of ficer in the prehearing order notice of denial will specify a time, not (a) Any person may file a request to entered at the conclusion of that less than thirty (30) days after the date institute a proceeding pursuant to prehearing conference. In such a of the note, when the document will S 2 202 to modify, suspend, or revoke a prm ceding. no discovery may take place he av.alable at the NRC Web site, http:/

license, or for any other action as mar after the beginning of the prehearing

/av w ner. gor. If, within the time he proper. Requests must be addrewed conference held pursuant to 6 2.752 spm ified in the notice, the applicant to the Executive Director for Operations eu ept upon leave of the presiding requests withdrawal of the document, and must be filed either by delivery to officer upon good cause shown. It is not the document will not bn available at the NRC Public Document Room at 2120 ' ground for objection that the the NRC Web site, http://nww.nrc. gov, L Street, NW, Washin,gton, DC, or by information see:ght will be inadmissible and will be returned to the applicant:

mail or telegram addressed to the at the hearing if the information sought Provided, that information submitted in Executive Director for Operations, U.S.

appears reasonably calculated to lead to a rule making proceeding which Nuclear Regulatory Commission.

the discovery of admissible evidence.

subsequently forms the basis for the final rule will not be withheld from Washington, DC 205s5-0001. The request must specify the action 10 in % 2.750. paragraph (a)is revised public disclosure bv the Commission and will not be returned to the applicant requested and set forth the facts that to read as follows:

constitute the basis for the request. The after dental of any application for Executive Director for Operations will 9 2.750 Official reporter

anscript.

withholding submitted in connection refer the request to the Director of the (a) A hearing will be reported under with that information. If a request for NRC office with responsibility for the the supervision of the presiding officer, withholding pursuant to paragraph (b) subject matter of the request for stenographically or by other means, by of this section is granted. the

I Federcl Register /Vol, 64. No.174 / Thursday, September 9,1999/ Rules and Regulations 48949 l

l Commission will notify the applicant of study, or defer action on the license by placing a copy of the l.

Its determination to withhold the recommendation. In the event the application at the NRC Web site, http:/

l information from public disclosure.

Commission decides not to accept or Asww.ntc. gov.

l decides to defer action on the

12. In $ 2.802, paragraphs (e) and (g) recommendation, it will give its reasons (c) Periodic lists of applications are revised to read as follows:

for doing so. Both the ACRS received may be obtained upon request recommendation and the Commission's addressed to the NRC Public Document

$ 2.802 Petition for rulemaking.

response will be made available at the Room, US Nuclear Regulatory NRC Web site, http://www.ntc. gov, Commission, Washington, DC 20555-

. (e) If it is determined that the petition following transmittal of the

0001, includes the information required by Commission't response to the ACRS.

18. In S 2.1303, the section heading paragraph (c) of this section and is and the introductory text are revised to complete, the Director, Division of

15. In 5 2.1007, paragraph (a)(3) is read as follows:

Administrative Services, Office of removed and reserved and paragraph 52.1303 Availability of documents.

Administration, or designee, will assign (a)(2)is revised to read as follows:

a docket number to the petition, w!ll Unless exempt from disclosure under cause the petition to be formally

$ 2.1007 Access.

part 9 of this chapter, the following docketed, and will make a copy of the (a) *

a documents pertaining to each docketed petition available at the NRC (2) A system to provide electronic application for a license transfer Web site, http:/hvnwnre. gov, Public access to the Licensing Support requiring Commission approval will be comment may be requested by Network shall be provided at the NRC placed at the NRC Web site, http://

publication of a notice of the docketing Weu site, http:/hvnwnre. gov, and/or at umv.nrc. gov, when available:

of the petition in the Federal Register, the NRC Public Document Room a

or,in appropriate cases, may be invited beginning in the pre-license application

19. In S 2.1306, paragraph (c)(2) is for the first time upon publication in the phase.

revised to read as follows:

Federal Register of a proposed rule developed in response to the petition.

tb. In $ 2.123 t, paragraphs (a)(1)(ii),

92.1306 Hearing request or intervention P'*'*"'

Publication will be limited by the (an2), and (b) are revised to read as requirements of Section 18t of the follows:

Atomic Energy Act of 1954, as amended.

(c) * *

and may be limited by order of the 52.1231 Hearing file; prohibition on (2) 45 days after notice of receipt is Commission.

discovery, placed at the NRC Web site, http://

(a) *

nuw.ntc. gov, for all other applications; (1)

r (g) The Director, Division of lii) Making the file available at the Administrative Services Office of NRC Web site, http://www.nre. gov.

20. In $ 2.1330, paragraph (b) is Administration, will prepare on a

(?) The hearing file also must be made revised to read as follows:

semiannual basis a summary of available for pubhc ms >ection and petitions for rulemaking before the mp ng at the NRC We site, http://

$ 2.1330 Reporter and transcript for an Commission, mclud g the status of wa nre gov, and/or at the NRC public oral hearing.

each petition. A copy of the report will Document Room.

be available for public inspectmn and W) Tb bring file will consist of the (b) Except for any portions that must copying at the NRC Web site, http //

ap I cat on and any amendment thereto, be protected from liisclosure in umv.ntc. gov. and/or at the N",C pubh.c any NRC environmental impact accordance with law and policy as 1Nn statement or anewment relating to the reflected in 10 CFR 2.790, transcripts 2

paragraph ib)!2) n revised to read as follows:

app inon. and any NRC report and will be placed at the NRC Web site, on i orrespondence betueen the http://aww.nre. gov, and copies may be

$ 2.804 Notice of proposed rulemaking.

apphc ant and the NRC that is relevant purchased from the Secretary, U.S.

to the application. Hearing file Nuclear Regulatory Commission, ib).

d muments already available at the NRC Washington. DC 20555-0001.

(2) The manner and time uithin Web ite. http://nuw cre gov. and/or at which interested members of the pubhc the NRC public Document Room when may comment, and a statement that the hearmg request is granted may be PART 7-ADVISORY COMMITTEES col es of comments may be examined mcorpor ited into the hearing file at ii

,1. The authon,ty citation for I, art,s 2

will be made available at the NRC Web thme locations by a reference indicating continues to read as follows:

site. http://www nrc. gov:

w here at those locations the documents can he found. The presiding officer shall Authority: Sec.161. 68 Stat 948. as

14. In 8 2.809, parg' raph (a) is revi ed rule upon any issue regarding the amended 14: L'.s c :20 0: set. 201. 88 Stat.

1:42, as amended (42 LS C. sam Pub L

.o read as follows.

appropriate materials for the hearing.

42-4W) Bh Stat 770 (% 1LS C. Appl ble.

22. In 5 7.10. paragraph (b)(6) is 6 2.809 Participation by the Advisory Committee on Reactor Safeguards' t E In % 2.130t. paragraphs (a) and tr) n'vbed to read as follows:

(a) In its advisory capacity to the are revised to read as follows:

Commission, the ACRS may recommend

$ 7.10 The NRC Advisory Comm ttee i

that the Commission initiate rulemaking $ 2.1301 Public notice of receipt of a Management Officer.

in a particular area. The Commission license transfer application.

will respond to such rulemaking (a) The Commission will notice the (b) * *

recommendatiop in writing within 90 receipt of each application for direct or (6) Ensure that, subject to the days, noting its intent to implement, indirect transfer of a 3.pecific NRC Freedom of Information Act and NRC,s

~

48950 Federd Register /Vol. 64 No.174/ Thursday, September 9,1999/ Rules and Regulations Freedom ofInforriation Act regulations Secretariat. A copy of the report is made ofInformation Act that, because of the at to CFR part 9 subpart A, copies of available at the NRC Web site, http://

nature of their subject matter, the NRC the records, rerorts, transcript minutes, www.ntc. gov, and/or at the NRC Public determines have become or are likely to l

i cppendices, v >orking papers, drafts, Document Room.

become the subject of subsequent studies, agenda, or other documents that (b) Any NRC advisory committee requests for substantially the same were made available to or prepared for holding closed meetings shall issue a reemds.

or by each NRC advisory committee are report, at least annually, setting forth a (6) A generalindex of the records available for public inspection and summary of its activities consistent with released under the FOIA.

copying at the NRC Web site http://

the policy of the Government in the (d) The published versions of the www.ntc. gov, and/or at the NRC Public Sunshine Act (5 USC. 552b), as records nade publicly available under Document Room, until the advisory implemented by to CIH 9.104. A copy paragraph (c)(1) of this section are committee ceases to exist.

of the report is made available at the available under the title, Nuclear NRC Web site, http://www.nrc. gov, and/ Regulatory Issuances, NUREG-0750, for o

23, in S 7.11, paragraph (d)(5) is or at the NRC Public Document Room.

purchase through the National Technical Information Service.

revised to read as follows:

28. In S 9.23, paragvaph (a)(2) is

$ 7.11 The Designated Federal Officer, PART 9--PUBLIC RECORDS removed and reserved and paragraphs (a)(1), (c), (d)(2), and (e) are revised to (d) * * *

26. The authority citation for Part 9 read as follows:

4 continues to read as follows:

(5) Make copies of committee

$ 9.23 Hoquests for records.

L documents required to be maintained Authority: Sec.161. Mt Stat. 948, as for public inspection and co ying arnended (42 U.s c. 22o1h Soc. 201. 88 stac (a)(1) A person may request access to 1242. as arnended (42 U.S.c. saa t) records routinely made available by the pursuant to S 7.14(b) availab e at the NRC Web site, http://nww.ntc. gov, and/

subpart A is also iwued under 5 t1.s a NRC under S 9.21 in person or by or at the NRC Public Document Room.

"10 " 9 C " U P"k ' "#U " 'part telephone, e-mail, fax, or US mail from o swue undn 3 N B2a Subpart the NRC Public Document Room,2120 24 Section 7.14 is revised to read as (pis also iwned under S lts c. sub L Street, NW, Washington, DC 20555-ggg

27. Section 9.21 is revised to read as 0001.

67,14 Public information on advisory follows:

(1) Eech record requested must be committees, described in sufficient detail to enable (a) The Nuclear Regulatorv

$ 9.21 Publicly available records.

the NRC Public Document Room staff to Commission shall maintain systematic (al Single copies of NRC publications locate the record.

Information on the natura, fuiittions, in the NUREG series. NRC Regulatory lii) In order to obtain copies of records and operations of each NRC advisory Guides, and Standard Review Plans can expeditiously, a person may open an be ordered from the National Technical account at the NRC Public Document committee. A complete set of the -

charters of NRC advisory committees Information Service,5285 Port Royal Room with the private contracting firm and copies of the annual reports Road. Springfield, Virginia, 22161, that is responsible for duplicating NRC required by 6 7.17(a) will be maintained (b) For the convenience of persons records.

for public inspection at either the NRC who may wish to inspect without Web site, http://www.nrc. gov and/or at chargm or purchase copies of a record or (c) If a requested agency record that the NRC Public Document Room, a limited category of records for a fee.

has been reasonably described is located (b) Subject to the provisions of the publicit available records of the NRC's at a place other tha'n at the NRC Web Freedom of Information Act (5 U.sn activities described in paragraph (c) of site, http://nww.nrc. gor, the NRC Public 552) and NRC's Freedom of Information this m tion are also made available at. Document Room, or the NRC Act regulations at tu CFR part 9 subpart the NRC Web site, http://uww.nremov, headquarters, the NRC may, at its A, copies of NRC advisorv committees-

.mdior at the NRC Public Document discretion, make the record available for Room bicatod at 2120 L Street, NW~

inspection and copying at either of the records, reports, transcripts, minutes.

appendices, working papers, drafts.

Wehington. DC. open hetween 7:43 am locations.

studies, agenda, and other documents and 4:13 pm on Monday through Friday.

(d)

shall be maintained for public rwept Federal holidays.

(2)If the regnested record has been inspection and copying at the NRC Web M The folkming records of NRC placed on the Nhc Internet Web site, site, http://nmv.nrc. gov:and/or at the

.u iwitles are available for public under 4 9.21, the NRC may inform the NRC Public Document Room.

m9ettion and copy ing:

requester that the record is available at

25. In 5 7.17, paragraphs (a) and (b)

( t ) Final opinions includirm tb MC Web site http://nww.nrc. gov, are revised to read as follows:

concurring and dissenting opinions as and/or at the NRC Public Document well as orders of the NRC issued as a Room, and that the record may be 97.17 Reports required for advisory result of adjudication of cases; obtained in accordance with the committees.

(2) Statements of policy and procedures set forth in paragraph (a) of (a)The Commission shall furnish a interpretations that have been adopted this section.

report on the activities of NRC advisort hv the NRC and have not been le)The Freedom ofInformation Act published in the Federal Register; and Privacy Act Officer will promptly committees annually to the Administrator and the CSA Secretariat (3) Nuclear Regulatory Commission forward a Freedom of Information Act on a fiscal year basis. The report must rules and iegulations:

request made under paragraph (b) of this contain information regarding NRC (4) Nuclear Regulatory Commission section for an agency record to the head

~

advisory committees nxtuired by Manuals and instructions to NRC of the office (s) primarily concerned with

. Section 6(c) of the Act for the personnel that affect any member of the the records requested, as appropriate.

President's annual report to the public;

~

The responsible office will conduct a Congress and be consistent with (5) Copies of records that have been search for the agency recprds responsive J

instructions provided by the GSA released to a person under the Freedom to tlie request and compile those agency

Feder:1 Register /Vol. 64, No.174 / Thursday, September 9,1999/ Rules and Regulations 48951 records to be reviewed for initial of all persons expected to attend the Section 50 7 also issued under Pub. L 95-disclosure determination and/or meeting and their affiliation.

601, wc. to. 92 Stat. 29u 92 a.s C. sasil.

Se(tion 50.10 also issued under secs.101, identify those that have already been 185. 6a Stat. 955 as amended 142 U.S.C. 2131.

made publicly available at the NRC Web

32. In 6 9.107, I,aragraph (d)(1) is 2235). sec.102. Pub. L.91-190. 83 Stat. 853 site, ttp:gwww.nre gov, an /or at the revised to read as follows:

92 U.S.C. 4332). Sections 50.13, so.54(dd)

NRC Public Document Room.

and 50.103 also issued under sec.108,68

29. In 9.35, paragraph (e) is removed, 5 9.107 Public announcement of Stat. 939, as amended (42 U.S C. 21381.

paragraphs (a)(2),(a)(5) and the commission meetings.

Sections 50 23. 50.35,50.55 and so.sti also

. introductory text of paragraph (b) are in,ued under wc.185. 68 Stat. 955 (42 U.S.C.

revised to read as follows:

(d) * *

2235). Section so.33am So.5sa and Appendis (1) Publicly postinga copy of the Q also issued under sec.102 Pub. L 91-190 83 Stat. a53 (42 U.S.C. 4332). Sections 50.34

$ 9.35 Duplication fees' document at the NRC Web site, http://

and s.54 als issued under sec. 204, sa Stat.

a) * *

www.ntc. gov,; and, to the extent 124s H2 nc. som Secdon sa37 also (2) Self-service duplicating machines appropriate under the circumstances:

issued under E.O. 12829,3 CFR 1993 Comp..

are available at the NRC Public Document Room for the use of the

p. 570. E.O.12958, as amended,3 CFR 1995

33. In S 9.108, paragraph (b) is revised Comp., p. 333 E O.12968,3 CFR 1995 public, Paper to paper copy is $0.08 per to read as follows:

comp., p. 391). Se<.tions so.sa,50.91, and

[jage. Microfiche to paj>er is $0.10 per

$o.92 also issued under Pub. L 97-415,96 page on the reader ptinters.

59.106 Certification, transcripts, Stat. 2073 (42 U.S.C. 2239). Section 50.78 recordings and minutes.

also issued under sec.122,68 Stat. 939 (42 U.S.C. 2152)_ Sections 50.80-50.s1 also (5) Any change in the costs specified issued under sec.184,6a Stat. 954, as in this section will become effective (b) The Commission shall make amended (42 U.S.C. 2234). Appendix F also immediately pending completion of the promptly available to the public at the ued undmec 187,6a Stat 955 B: E final rulemaking that amends this NRC Web site, http:/Annv.nrc. gov, the 223 L section to reflect the new charges. The transcript, electronic recording'. or Commission will post the charges that minutes (as required by paragraph (a) of

35. In 5 50.30, paragraph (a)(5) is will be in effect for the interim period this section) of the discussion of any revised to read as follows:

at the NRC Public Document Room. The item on the agenda, or of any item of the 9

' 'QHn""' f " application for licenses; f

Commission will publish a final rule in testimony of any witness received at the

~

the Federal Register that includes the meeting,'except for such item or items new charges within 15 working days of such discussion or testimony as the (a) * *

from the beginning of the interim Commission determines pursu' ant to (5) At the time of filing an period.

paragraph (c) of this section to contain application, the Commission will make (b) The NRC will assess the following information which may be withheld available at the NRC Web site, http://

charges for copics of records to bd under 4 9.104 or % 9,105(c). C,, les of umstnrc. gov, a copy of the application, duplicated by the NRC at locations other such transcript, or minutes, or a subsequent amendments, and other than the NRC Public Document Room transcription of such recording records pertinent to the facility for located in Washington, DC:

disclosing the identity of each' speaker, Public inspection and copying.

shall be furnished to any person upon

30. In 6 9.45 paragraph (b) is revised payment of the actual cost of

36. In 5 50.44, paragraph (c)(3)(iv)(C) to read as follows:

duplication or transcription as provided is revised to read as follows:

in % 9.14. The Secretary shall maintain 69.45 Annual reports to the Attorney crbatim copy of the

$ 50.44 Standards for combustible gas e ntr i system in light-water cooled power General of the United States, tunwript. a complete copy of the minutes. or a complete electronic (b) The NRC will make a copy oi th" mmrh of each meeting. or portion of most,recent report available to thpubhc at the NRC Web site. httpn$,

a meeting. closed to the public, for a k) *

id ed at let two veau aber such (3) * *

"eune or und one yeay aber the (iv) * *

1 In 05 paragraph th)is revi-ed r ondadon of any Comnumon (C) Subsubarticle NE-3220. Division to read as follows:

proceedmg with respect to which the 1, and Subsubarticle CC-3720. Division 99.105 Commission procedures.

meetina or portion was held. whichever

2. of Section til of the ASME Boiler and nauts later-Pressure Vessel Code, referenced in (b) Within one dat of ant vote taken paragraphs Ic)(3)(iv)(B)( 2) and pursuant to paragraph (al of this section.

(c)(31(iv)(U)(2) of this section. have been PART 50-DOMESTIC LICENSING OF approved for incorporation by reference

% 9.106(a), or 4 9.103(c). the Secretarv shall make publicly available at the ' RC PRODUCTION AND UTILIZATION hv the Director of the Office of the N

F' deral Register. A notice of any FACILITIES e

Weh site, http://nmv.nrc. gov, a written dangs made to Me mamrial copy of such vote reflecting the vote of n The authority citation for Part 30 incorporated h refnenc wd1 he each member on the question. If a continues to read as follows:

portion of a meeting is to be closed to published in the Federal Reg, ster.

Authonty s.,

101 lo L 104 101 !M Copies of the ASME Boiler and Pressure the public, the Secretary shall. within UU M L W" "N6"" * *

Vessel Code may be purchased from the one day of the vote taken pursuant to paragraph (a) of this section or s $N(($[n"[,"[ht$,.

American Society of Mechanical Engineers, United Engineering Center.

5 9.106(a), make publicly available at 2 n2. 2 m 2 t R 205. 2201 2232. 2m 345 East 47th Street, New York, Ni.

the NRC Web site, http:/Annv.ntc. gov, a 22m 22w. 2m sers. 201, as amended.

full written explanation of its action 202. 206. as sut.1242. as amended 1244.

10017. It is also available for inspection closing the portion together with a list u46. t 4 2 L '.s C. w41 5842, 5H4t4

, at the NRC Technical Reference Library.

l

e 48952 Federal Regist;r/Vol. 64, No.174 / Thursday, September 9,1999/ Rules and Regulations

~

Two White Flint North, Room 2Bli, Appendix 0 to Part SrLStandardisation of 104 Stat. 2835 (42 U.S.C. 224E Sections

' 11545 Rockville Pike Rockville. MD.

tiesign;$1aff Review of Standard Unigns 51.20. 51.30. 51.60. 5150, and 51.97..so issued under secs. 135.141. Pub.L.97-425,

.e 96 Mat 2232,2241. and sec.148, Pub. L 100-

5. t! pun completion of their tm ww of a zat tot Stat 1330-223 (42 U.S.c.10:55.

37. In $ 50.66, the introductory text of submittal under thin appendix, the Nac 10161,10168t Section 51.22 also issued piragraph (a), paragraph (a)(2), the regulatory staff shall publish in the Federal under sec. 274. 73 Stat. 688. as amended by introductory text of paragraph (f)(2), and Register a determination as to whether or not 92 Sut. 303%3038 (42 U.S.C. 20211 and paragraph 'f)(3) are revised to read as the preliminary or final design is am ptable.

under Nuclear Waste Policy Act of 1982. sec.

follows:

subject to such conditions as may be 121,96 Stat. 2228 (42 U.S C.101411 Sections appmpriate.and make available at the NRC 5143,5147, and 51.109 also issued under

$ 50.66 flequirements for thermal Web site, http/Arnw.ntc gov an analysis of Nodear Waste Polic y Act of 1982 sec.11410 annealing of the reactor pressure vessel, the design in the form of a report. An 96 Stat. 2216. as amended (42 U.S.C.

approved design shall be utilized bv and IUl34(IE (a) For those light water nuclear relied upon by the regulatory staff and the ower reactors where neutron radiation ACRS in their review of any individual

41. In % 51.62, paragraph (a) is revised las reduced the fracture toughness of facility license application whah to read as follows:

the reactor vessel materials, a thermal mcorporates by reference a design approved annealing may be applied to the scactor in ar.cordance with this paragraph unless

$ 51.62 Environmental report-land VIssel to recover the fracture toughness them exists significant new infannation disposal of radioactive waste licensed which subs under 10 CFR part 61.

of the material.The use of a thermal determinau,tantialh affects the earlier (a) Each applicant for issuance of a on or other good cause.

annealing treatment is subject to the license for land disposal of radioactive requirements in this section. A report 3R In Appendix Q to Part 50, waste pursuant to part 61 of this chapter describing the licensee's plan for paragraph 4 is revised to read as shall submit with its application to the conducting the thermal annealing must foH w s:

Director of Nuclear Material Safety and be submitted in accordance with S 50.4 safeguards the number of copies, as at least three years prior to the date at Appendis 4 to Part 50-Pre. application specified in S 51.66 of a separate which the limiting fracture toughness Early Resiew of site suaahilitt l%un document, entitled " Applicant's criteria in 6 50 01 or appendix G to part Environmental Report-License for 50 would be exceeded. Within three

4. Upon completion of review by the years of the submittal of the Thermal NRC staff and,if appropriate by th'e Land Disposal of Radioactive Waste."

The environmental report and any Annealing Report and at least thirty ACRS, of a submittal under this supplement to the environmental report days prior to the start of the thermal appendix, the NRC staff shall prepare a may mcorporate by reference armealing, the NRC will review the Staff Site Report which shall identify information contam, ed in the Thermal Annealing Report and maku the location of the site, state the site available the results ofits evaluation at suitability issues reviewed, explain the application or m any previous the NRC Weh site, http//nTnv.nrc. gov.

nature anid scope of the review, state the application, statement or report filed with the Commission provided that, The licensee may begm the thermal conclusions of the staff regarding the such references are clear and specific anneal after:

issues reviewed and state the reasons for nd that copies of the information so those conclusions. Upon issuance of an incorporated are available at the NRC

)

a a

NRC Staff Site Report. the NRC staff Web site, http:/Annv.nrc. gov, and/or at i

(2)'Ihe NRC makes available the M bM a mM habHiw the NRC Public Document Room.

I i

results ofits evaluation of the Thermal of the reImrt in the Federal ReE ster an'd i

Annealing Report at the NRC W eb site.

shall make the report available at the E Section 51.120 is revised to read fittp:jfniny nre gou. an g as folln 8; NRC staff shall also send a copy of tho (f) * *

report to tha Governor or other 651.120 Availability of environmental (2) Within 15 days after the NRC s appropriate off cial of the State in which documents for public inspection.

receipt of the licensee submissions the site i< located. and to the chief Copies of environmental reports, draft required by paragraphs (c)(1). (c)(2) and esecutive of the municipality in which and final environmental impact (c)(3)(i) through (iii) of this section, the the site is loc ated or, if the site is not statements, environmental assessments.

NRC staIf shall make available at the located in a municipality, to the chief and findings of no significant impact, NRC Web site, http:/Annr.nrc gov, a ewcutive of the county, together with any related comments and summary of its inspection of the environmental d'oeuments, will be made a

a licensee's thermal annealing. and the available at the NRC Web site. http://

Commission shall hold a public PART 51-ENVIRONMENTAL w ww.ntc. gov, and/or at the NRC Public PROTECTION REGULATIONS FOR Document Room.

meeting:

DOMESTIC LICENSING AND RELATED

43. In % 51.123, paragraph (a) and (b)

R N

N am revised to read as follows:

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

40. The authority citation for Part 51 651.123 Charges for environmental paragraphs (c)(1) (c)(2) and (c)(3)(i) continues to read as follows:

documents; distribution to public; distnbution to governmental agencies.

through (iii) of this section, the NRC Authoritv: Sei Ita. nn Stat. 948. a, staff shall complete full documentation amended. i 1701. t06 Stat. 2*n1. mna (a) Distnhution to public. Upon ofits inspection of the licensee's out 92 its c not.neo. woe 201. as wrinen request to the Reproduction and annealing process and make availablo mn, nd d. 202. an Stat.1242. as amend, d Distribution Services Section Office of 1244 92 t 3 c v4i. w42J Subpan A q" the Chief Information Officer. U.S.

this documentation at the NRC Web site.

'"ued under Loonal Enuromnental Pu" Nuclear Re8ulatory Commission.

http:/ Anne.ntc. gov.

Act of Pha wcs. 102.104,105. 83 Stat. 853-Washington. DC 2' 555-0001, and to the 0

38. In Appendix 0 to Part 50, 954. e, amencted (42 U.S C. 4332,4314.

extent available single copies of draft paragraph 5 is revised to read as 4 nah and Pub L.wuo4.Titic n.92 Stat.

follows:

30m3041: and set.19L Pub. L 101-575.

environmental impact statements and l

-s Fed:rd Regist:r/Vol. 64, No.174 / Thursday, September 9,1999/ Rules and Regulations 48953 draft findings of no significant impact

46. In Appendix B to Part 52, Section PART 60-DISPOSAL OF HIGH-LEVEL will be made available to interested VI, paragraph E.1.b. is revised to read as RADIOACTIVE WASTE IN GEOLOGIC persons without charge. Single copies of follows:

REPOSITORIES final environmental impact statements "d h " 'Y'd 8*-~""' n usMoation

^Pf*"I"' 'h' M *m 8 + U"'"@8n

49. The authority citation for Part 60 and final findings of no significant

["

continues to read as foHows:

impact will also be provided without Charge to the persons listed in Authority: Scos. 51,53,62.63,65,81,161.

65 51.93(a) and 51.119(c), respectively, Pl.IuueRewluuan 182,183. 68 Stat. 929,930. 932. 933,935.

948.953.954,as amended (42 U.S.C. 2071, When more than one copy of an environmentalimpact statement or a E***

2233)'; secs' 202,206,88 Stat.'1244,'1246 (42 fm. ding of no significant impact is i.*=*

U.S.C 5842. 5846); seca.10 and 14, Pub. L.

requested or when available NRC copies b The reason w by the information 95-60),92 Stat. 2951 (42 U.S.C. 2021a and have beon exhausted, the requestor will e urrently available to the public at the NRC SH51); sec.102, Pub. L.91-190. 83 Stat. 853 he advised that the NRC will provide Web mte, http1/nww nre gor and/or at the (4 2 U.S C. 4332); wcs.114,121, Pub. L. 97-copies at the charges specified in 6 9.35 NRC Public Doi ument Roorn. is insufficient.

423. 96 Stat. 2213g,2228. as amended (42 U.S C 10134 10141), and Pub. L 102-486, of this chapter, a

5"c_ 2902.106 Stat. 3123 (42 U.S C. 5851).

(b) Distribution to overnmental

47. In Appendix 0 to I, art 52,

50. In 6 6a2, ee definition of Pubh.c agencies. Upon written request to the paragraph 5 is revised to read as Document Room is removed and the Reproduction and Distributaan Services fg g g g,,.

new def' itions of NRCPublic Section, Office of the Chief Information m

Officer, U.S. Nuclear Regulatory Appendia O to Part 52-Standardization of Document Room and NRC Web site are Commission, Washington, DC 20555-D'*ign; StatiReview of Standard Designs added to read as follows:

0001, and to the extent available, copies W2 Mnens.

of draft and final environmental impact

5. Upon complehon of their renew of a statements and draft final findings of no submittal under this appendix. the NRC significant impact will be made regulatory staIf shall publi*h in the Federal NRCPublic Document Room means j

available in the nurnber requested to Register a detenmnation as to whether or not the facility at 2120 L Street, NW.,

Federal, State and local agencies, Indian the pn.hminan or fmal design is arceptable.

Wadungton, DC where certain pubh,c

'" h i"" '" '"' I" ""'h """' d ' " y be reayds of the NRC that were made tribes, and State, regional aml apopoats arut make asad4We at the W,.

avadable for pubhc m, s ection in paper availaColitan clearinghouses. When metro P h"NM an ana%s ut or microfiche pnor to t e le NRC coI>ies have been the design in the form of a report. An implementation of the NRC Agencywide exhausted, the requester will be advised approu d drsign shall be utilized by and Documents Access and Manag' ement that the NRC will provide copies at the rehed upon by the regulatory staff and the System, common ly referred to as charges specified in 4 9 35 of this ACRS m thmr review of any' individual ADAMS, will remain available for chapter.

raniitt th ense apphcation which where computer terminals are a@va

h, s p @ ahb de b ou orporates by reference a de,ign appros eid

)

r ord.moe with this paragraph unless in at PART 52-EARLY SITE PERMITS; there ets signifa. ant new mfonnation to access the Electronic Reading Room STANDARDS DESIGN w hh'n substanually affects the carber component of ADAMS on the NRC Web CERTIFICATIONS: AND COMBINED d"'"'"""'"i"."

"' "t her gomi ca u se.

site, littp /hvisw.nrc. gov, where copies can be made or ordered as set forth in LICENSES FOR NUCLEAR POWER 5 9 35 of this chapter. The facility is PLANTS 48 in Appendix Q to Part 52, staffed with reference librarians to assist

44. The authority citation for Part 52 paragraph 4 is reviwd to read a" the public in identifying and locating 3

I" U " * '

continues to read as folhnys:

documents and in using the NRC Web Appenda Q to Part 52-Pre Appin ation site and ADAMS. The NRC Public Authority: Sro 10 i. t04 toI. Ial 18 c 186. 68 Sta't. o m. 948. 9n %4. m. 9% a, Farh Resiew of site Sudahdus issues.

Document Room is open from 7:45 am to 4:15 pm. Monday through Friday, amended, ser 214. H i st.o. u44 auun naa (42 tLS C. 21n 22n1. m2. 2m. nm 4 I pon i omplooon of rmiru bs the NRc except on Federal holidays. Reference 22m 2282h son 201. JUL loti H8 Stat.

Catt.m.l. d appropoate bs the ACRS. of a service and access to documents may u42.1244. u46 as amended (42 l LS C

-ulnninal under this app 4ndn. the NRC sudf also be requested by telephone (202-5841. 5H42. *>H46) ed) prepare a staff %te Report u hu h shall 634-3273 or 800-397-4209) between

""h ""' I"' "h"n of the sae. inne the so" 8:30 am and 4:15 pm, or by e-mail

45. In Appendix A to Part 52. Section

"""hd"F

""' '""" " "i " ' P " " ' h "

(PDRiinrr. gov). fax (202-634-3343). or L

VI, paragraph E.1.b is revised to read as oatore and wope of the resiow, state th" letter (NRC Public Document Room, LL-g r om lusions of the statt regardmg the issues Appendix A to Part 52-Design Certification rm mu ed and state the reasons for 1 hose

6. Washin. on. DC 20555-0001).

3.gg g g gg.umntc. gor is Rule For the U.S. Advanced Boilmg om lusions t pon issuan< e of an NRC Stal,l the Internet uniform resource locator 4

Reactor.

5do Report, the NRC staff shall publish a name for the internet address of the %,eb notn r of the availability of the report in the l ederal Register and shall make anulable a site w here NRC will ordinarily make Ul Issue Hemlahon cups of the report at the NRC Weh $ tr. http > available its public records for uwu nn gor The NRC stalt shall aho send inspection.

t..

a t ops ut the report to the Gwrnor or other l

a a

L**

appiopoate of ta ial of the State in u hh h th"

51. In % 60.18. paragraph (f) is revised

b. 't he reason w hy the information site is lo< ated. and to the i hief esecutive of to read as follows:

currently avadable to the public at the NRC the municipality in w hic h the site is located Web site, httpowwu nrr gov. and/or at the or, if the site is not im ated in a munkipahty. $ 60.18 Review of site characterization NRC Public thrument Room,is insufficient; ta the rhief ewcutive of the county.

activities.

4

48954 Fed:r:1 Regist:r/Vol. 64, No.174 / Thursday, September 9,1999/ Rules and Regulations (f) The Director shall publish in the amended,88 stat.1242.1248. as,an nded s8s t); ser 10t eub. L.91-190. wi stai asa Federal Register a notice of availability 92 U S C. 5641. M49L m s 3. 4. t 6. 99 (42 i LS C au2L wcs 131,132,133,135.

of the site characterization analysis and S'dt 1841 1844 245=1846.184.1848 i n.141. Pub. L.97-425, 9t> stat. m9. 2230.

a request for public comment within a len 1850. Inn. W2. tan 1m ian 2232. 2241, wo 141 Pub L mm203,101 18%.18n*2 UR 202nu 20211202 m Nat 1330-235 (42 U.S C.1 151,10152.

reasonable period, as sImcified (not less 2021 f).

10153,10155.10157,10161,10168).

than 90 days). The notice along with Secs. 72.44(g) ako issued under secs.

copies of the site characterization si In %2.11, paragraph M h revised M4b) and 148lt). (d). Pub. L 100-203,101 to read as follows:

analysis r, hall be available at the NRC u 33.m 12m2 m 92 U.S C.

Web site, httpd/www.nrefov, and

$ 62.11 Filing and distribution of a 10W2WL 1016Mkh(d)) Section 72 40 ako,

issued under sec.189. 68 Stat. 955 (42 U.S L copies of any comments received will determination request.

2239h sec.134 Pub. L 97425,96 Stat. 2230 also be made available there, (42 U.S.C.10154). Section 72 96(d) aho (b) Upon receipt of a request for a issued under sec.145(gl. Pub. L 97-100-203.

52, in S 60.61, paragraph (d) is revised determination, the Secretary of the 101 Stat.1330-235 H2 U.S.C.10165(g)).

to read as follows:

Commission shall publish a notice Subpart i also issued under secs. 2(2). 2(15).

acknowledging receipt of the request in 209).117(a).141[h), Pub. L 97-425,96 Stat.

5 60.81 Provision of information, the Federal Register. The notice must 2202,2203,2204,2222. 2224,(42 U.S C.

mm L m137(at w161M Subparts K and L require that public comment on the

"'"'h" "mued under sec.133. 9a Stat. 2230 (d) Copies of allcommunications by request be submitted within 10 days of H2 UE mn3) and sec 2Wat 9% tat the Director under this section are the publicaticm date of the not. ice. A 2252 (42 tLS C.10198].

available at the NRC Web site, httP:N copy of the request will be made

58. In % 72.200, paragraph (c) is www.nrc. gov, and/or at the NRC Public available for inspection or copying at revised to read as follows:

Document Room, and copies ar" the NRC Web site http://www.nrc gov, furnished to DOE-and/or at the NRC Public Document

$ 72.200 Provision of MRS information.

53. In 5 60.63, paragraphs (b) and (f)

Room The Secretary of the Commission 1

are revised to read as follows:

All aho transmit a' copy of the request (c) Copies of all communications by 5 60.63 Participation in licenso reviews.

to ihe U S. Department of Energy, to th" the Director or the Director's designee Governors of the States of the Compact under this section must be mado (b)In addition, whenever an area has region where the waste is generated, to available at the NRC Web site, http://

the Gosernon of the States with www.nrc. gov, and/or at the NRC Public been approved by the President for site characterization, a State or an affected "I"'. rating non. Federal low. level Document Room, and must be furnished Indian Tribe may submit to the Director radmachte wasw disposal facilities, to to DOE.

the Compact Comnu,ssmns with a proposal to facilitate its participation operating regional low. level radioactive PART 75-SAFEGUARDS ON in the review of a site characterir.ation plan and/or license application. The

d"" disposal facilities, and to the NUCLEAR MATERIAL ~

Governon, of the States in the Compact IMPLEMENTATION OF US/lAEA proposal may be submitted at any time and must contain a description and Commissions with operating disposal AGREEMENT

~

IdCili'I""'

schedule of how the State or affected

59. The authority citation for Part 75 Indian Tribe wishes to participate in the continues to read as follows:

review, or what services or activities the SR in 4 62.22, paagraph (c) is revised State or affected indian Tribe wishes to nid(i ds foll"" *.

Authority: Secs. 53,63,103,104,1.. mt.

e,s stat. 930.932.936.937.939.948.as NRC to carry out, and how the services

$ 62.22 Notice of issuance of a amended (42 U.S C. 2073,20912133. 2134, i

or activities proposed to be curied ou' determination 2152. ;'.'UIL ser. 201, H8 Stat.1242, as by NRC would contribute to sut h amended (42 t.s C. sa41L p'articipation. The proposal may includ" u i Th. S. t n tur of the Commission I"""d ""d"Q"'"J * *".,

""""A" educational or information servit""

slEll md. ii opv'of the final

$' "ih,$d['

(seminars, pubhc meetings) or other

d. terminatmn avadable for inspn tion at actions on the part of NRC. sut h as th.. NRC Web,,ite, http //nanr.nn gor.

6a in % 75.2, paagraph N.is remed employment or cubange of State to nead as follows:

personnel under the Intergovernmental PART 72 -LICENSING Scope.

Personnel Act.

REQUIREMENTS FOR THE f2 INDEPENDENT STORAGE OF SPENT N The L'nited States eligible list.is a (f) Proposals subntitted under this NUCLEAR FUEL AND HIGH-LEVEL A

section, and responses thmeto. shall be RADIOACTIVE WASTE

{'

y, g

made available at the NHC ll'ch ute.

37. Thr whontv citation for Part 72 Safeguards Agreement which the l

htt 1/nanr.nre gov, and/or at the N,RL, hms m md h folle buetary of State or his designee files Pu lic Document Room.

with the' Commission. A copy of this list thuran s.<,

,1. u sim 61 ht on.

PART 62-CRITERIA AND HI 16 L I32 18Ll84 lHo lH~ IM" "H S'at is available for inspection at the NRC

}

PROCEDURES FOR EMERGENCY 42' " N 9'2 4 M 4 H 9 ^ "4M q u 934.

Web site, hupWawnmgov, and/or at the NRC Poblic Document Room. In on as a nend.d sm 2R 83 Stac jf[4;,a,[.

anonlance whh the provisions of the ACCESS TO NON-FEDERAL AND f,*uq"" :n n. 2090 21 H..J.,o"l..',

,1.,'..,

N 2"U 9'

REGIONAL LOW-LEVEL WASTE i

Agreement. the following activities are

.,.,.34 ;,2 y,, ;w,2pa, 2; a;,L sna 2n Pub MW h h Uhd Se el@iMo DISPOSAL FACILITIES h ""# 1 " "dh """(""' "" d""'"d"d " 2 list:

54. The authority citation for Part 62 (1) Activities having direct national continues to read h follows:

,3 d

2 Authority: Sers. H1. m t, as amended. 6H l'.S.C. 5H41. 5842. 5846L Pub. L 91-601, w security sigmficance.

Stat. 9E *i48. 949. 950. 9i1. as amended (42 m,92 Stat 2931, as amended by Pub. L 102-(2) Activities mvolving mining and i W C.2111.2201Lsas.201.209.as 4H6. we 7901106 Stac 3123 (i2 LLS C.

ore processmg.

I

Federal Register /Vol. 64, No.174 / Thursday, September 9,1999/ Rules and Regulations 48955 PART 76.-CERTIFICATION OF Authoritv: Sm s 31. 51

,4. 3 7. ta 64. 65-name for the Internet address of the Web GASEOUS DIFFUSION PLANTS 8t.82.101 104.1o% 111. m i n 12m 129 s te where NRC will ordinarily make 161,181,182 1187. le r,8 sw 929 available its public records fo'r Inspection.

j

61. The authon,ty citation for Part 76 suo. 911. 912. '

9 m. 9 m 948. m m4, continues to read as follows:

955.956,as ame nded (4 2 l'.S C. 20M. 2073 2074.2077.2092-2095,2111,2112,2133.

Authority: Sm.s.161,68 Stat. 948. as 213L 213% 2139A 2141, 1 + 2' 58. 2201.

67. In % 110.70, paragraph (d) is amended, soms. 1312,1701, as amended.106 2231-2233,2237,2239L wc. 201 88 Stat.

removed and paragraph (a)is revised to Stat. 2932. 2951,2952,2953,110 Stat.1321-1242, as amended (42 U.S C. 584 ). vc. 5.

read as follows:

349 (42 U.S.C. 2201,2297b-11,2297f); seca.

Pub L.101-575.104 Stat. 2835 (4 2 iLS C.

201, as amended, 204,206,88 Stat.1244, 2243)

$ 110.70 Public notice of receipt of 1245,1246 (42 U.S C. 5841,5842. 5845.

Sections 110.11b)(2) and 1101(b)(3) aho application.

o 846). Sec. 234(a),83 Stat. 444. as amended

'ssued under Pub. I. 96-92. 93 St.yt. 710 (22 fa) The Commission will notice the nyPub.L. 104-134.110 Stat.1321.1321-349 It.S C. 2401). Sm ti n 11011 aho ssued receipt of each license application for an (42 U.S C. 2243(a)).

under wt 122. 68 Stat. 919 (42 U.S C. 2152) export or import for which a specific Sec. 76.7 also issued under Pub. L 95-60L and sms 54c and 57d.,88 Stat. 473. 475 (42 Sec.10. 92 Stat. 2951 (42 U.S C. 5851). Soc.

license is required by making a copy U.S C. 2074). Section 110.27 also hsued available at the NRC Web site, http://

76 22 is also issued under sec.193tf). as under set 309(a). I uh L. M4a Set tion amended,104 Stat. 2835, as amended by Pub.

L.104-134,110 Stat.1321,1321-349 (42 110.50(b)(3) also issued ander wt.123. 92 mnv.nrc.got,.

U.S.C. 2243(f)). Sec. 76.35(i) also issued Stat.142 (42 U.S.C. 2153). Section 110.51

{

under sec.122,68 Stat. 939 (42 U.S.C. 2152).

also issued under we.184. 68 Stat. 954. as

68. Section 110.71 is revised to read amended (42 U.S.C. 2234). Section 110.52 as follows-62, in 6 76.37, paragraph (a) is revised also issued under sec.186, e,8 stat. 955 (42 to read as follows:

U S C. 22%). Swtions 110 00-110.113 aho 9110.71 Notice of withdrawal of an e un ions application.

$ 76.37 Federal Register notice, 110.130-110135 also issued under (5 U.S C.

The Commission will notice the 553) Sm tions 110 2 and 110 421a)(91 ah" withdrawal of an application by making (a) A notice of the filing of an issued unde r sw. 901. Pub L.102-4% l4/

available at the NRC Web site, a I application specifying that copies of the t.S C. 2 :51 et. wq).

application, excegit for Restricted Data.

66 in % 110.2 the definition of Public t$h,"t e section heading Unclassified Controlled Nuclear Document Room is removed and new and introductory text are revised to read Information, Classified National definitions of NHCPubhc Document as follows-Security Information. Safeguards Hocm and NHC treb site are added to information. Proprietary Data, or other M as foHows:

5110.72 Public availability of dccuments.

j withholdable information will be mad" Unless exempt from disclosure under available for the public inspection at the 9110.2 Definitions, part 9 of this chapter, the following NRC Web site, http:/Antw.nrc. gov:

documents pertaining to each license NHC Public Document Room means and license application for an import or the facility at 2120 L Street. NW.,

export requiring a specific license under PART 100-REACTOR SITE CRITERIA Washington, DC where certain public this part will be made available at the l

63. The authority citation for Part 100 re yds of the NRC that were mad" NRC Web site, http://nmv.ntc. gov, and/

avadable for pubhc mspection m paper or at the NRC Public Document Room:

continues to read as follows:

or microfiche prior to the Authority: Secs. 103.104,161.182.bH implementation of the NRC Agencvwide

., n s 11R112, paragraph (b) is Stat. 936, 937, 948. 953, as amended (42 Documents Access and hianageme'nt revised to read as follows:

1 U.S C. 2133,2134,2201,2232), wecs. 201, e System, commonly referred to as amended. 202,88 Stat 1242, as amend, d.

ADAh1S, will remain available for

$ 110.112 Reporter and transcript for an 1244 (42 U.S C,5841. 58421 pubuc inspecti n. It is also the place oral hearing.

64, in 5100.11 the undesignated w hem computer tennpals am avadaNe IiaragraIih after the note is removed and to access the Electrome Reading Room (b) Except for any class,fied ortions, i

a new paragraph (c)is added above th" component of ADAh1S on the NRC Web transcripts will be 'made availa le at the note to read as follow 3:

site, http:/ Anne nrc. gor, where copies NRC Web site, http://nmv.nrc gov, and/

$ 100,11 Determination of exclusion area, can be made or ordered as set forth in or at the NRC Public Document Room.

Iow population zone, and population center 4 9.35 of this chapter.The facility is distance.

3taffed with reference librarians to assist

71. In % 110.113. paragraph (clis the public in identifying and locating rev sed to read as follows:

(c) Copies of Technical Information documents and in using the NRC Web Document 14844 may be obtained at the site and ADAh1S. The NRC Public 6110.113 commission action.

NRC Web site, http:/Anns nrc. gor, at Document Room is open from 7:45 am the NRC Public Document Room. 2120 to 4:15 pm. hionday through Friday, (c)If the Commission considers L Street, NW., Washington. D.C., or by except on Federal holidays. Reference information not in the hearing record in writing the Director of Nuclear Reactor service and access to documents may reaching its licensing decision, the Regulation, U.S. Nuclear Regulatory also be requested by telephone (202-hearing participants will be informed Commission, Washington, DC 20555-634-3273 or 800-397-4209) between and,if not classified or otherwise 0001.

8:30 am and 4:15 pm. or by e-mail privileged, the information will be made (PDHdnrc. gov), fax (202-63 t-3343), or available at the NRC Web site, http:#

PART 110-EXPORT ANDIMPORT OF letter (NRC Public Document Room, LL-sonr.ntc. gor, and furnished to the NUCLEAR EQUIPMENT AND

6. Washington, D.C. 20555-0001).

participants.

MATERIAL

65. The authority citation for Part 110 NHC Ireb site, http:/Annv.nrc. gor, is Dated at I<ookville. Staryland. this 24th day continues to read as follows:

the Internet uniform resource locator of August.19M

ML20212G823

Contents

Text

Dear Mr. Chairman:

Enclosure:

Dear Mr. Chairman:

Enclosure:

Dear Mr. Chairman:

Enclosure:

Dear Mr. Chairman:

Enclosure:

SUMMARY

Navigation menu

ML20212G823

Text

Dear Mr. Chairman:

Enclosure:

Dear Mr. Chairman:

Enclosure:

Dear Mr. Chairman:

Enclosure:

Dear Mr. Chairman:

Enclosure:

SUMMARY

Navigation menu

Search