ML20215H366

Forwards Documents Re Final Rules 10CFR30,40 & 70, Delegating Licensing Responsibility for Us Air Force Nuclear Matls License from Headquarters to Region Iv,For Placement in Document Control Sys

ML20215H366
Person / Time
Site:	Crane
Issue date:	10/16/1986
From:	Deegan G NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	NRC OFFICE OF ADMINISTRATION (ADM)
Shared Package
ML20215H368	List: ML20215H366 ML20215H425 ML20215H508 ML20215H519 ML20215H569 ML20215H589 ML20215H624 ML20215H847 ML20215H886 ML20215H906
References
FRN-51FR35999, RULE-PR-30, RULE-PR-40, RULE-PR-70 AC31-2, AC31-2-01, AC31-2-1, NUDOCS 8610230141
Download: ML20215H366 (4)

Text

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UNITED STATES j'

NUCLEAR REGULATORY COMMISSION po G, g pn E

WASHINGTON, D. C. 20555 5

71 f. - I fl hlJ OCT 16 G86 MEMORANDUM FOR: Document Control Desk FROM:

George J. Deegan, Management Analyst Division of Fuel Cycle and Material Safety

SUBJECT:

REGULATORY HISTORY PROCEDURES - REGIONAL NUCLEAR MATERIALS LICENSING FOR THE UNITED STATES AIR FORCE On October 8, 1986, NRC published a final rule in the Federal Register which delegated licensing responsibility for the United States Air Force nuclear materials license from Headquarters to Region IV.

In accordance with an ED0 memorandum dated April 5, 1985, I am compiling a regulatory history for the rule which includes documents of central relevance and an index of these documents. These documents are enclosed and are marked "AC31-2" in the upper right hand corner.

Please return this package to me after these documents have been placed in the Document Control System.

I would like to receive this information no later than November 14, 1986, so that I can compile the necessary index for the Rules and Procedures Branch. Pleasecallme(X74114)ifproblemsarise.

45vzgC 0. het an' George J.Deegan, Management Analyst Division of Fuel Cycle and Material Safety

Enclosures:

As stated (b f

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PM AC31-2 Federal Register / Val. 51. Ns.195 / W;dnesday. October 8,1986 / Ruhs cnd ReguhtiOns 35999 Director" and add. la their place, the authority to adjust, determine.

. PART 110-EXPORT AND IMPORT OF words " General Counsel".

compromise and settle a daim ander the NUCLEAR EQUIPMENT AND provisions of 28 U.S.C.2672.

MATERIAL g,,, g j

12. In i 9.9. paragraphs (a) and (b),

I 14.35 (Amended) 28.He authority citation for Part 110 remove the words " Executive I4 gal

21. la i 14.35. paragraph (b) continues to read as follows:

Director" and add. In their place, the introductory text, remove the woeds Astberity: Sec.181. Pub. L 83403 es Stat.

words "Ceneral Counsel".

" Office of the Executive Legal Director" 94a as amended (42 UAC 2202) sec.act.

$9.15 (Amended) and add.In their place, the words Puh. L S3-438, se Sta t.1242, as amended (42

" Office of the General Counsel".

U.S.C 58411

13. In i 9.15, paragraph (a), remove the words "and the Office of the Executive

$ 14.51 [Amendedl l11&99 [ Amended]

Legal Director".

22.In 514.51 paragraphs'(a)and(b),

27. In i 11189. paragraph (b), remove tive Leg I the words " Executive Legal Director" PART 10-CRfTERIA AND

((,th',**rds **Ex irplace. h and add,in their place, the words -

, g add,in PROCEDURES FOR DETERMtNING ELIGIBILITY FOR ACCESS TO w rds " General Counsel ; and remove

• General Counse!"*

RESTRICTED DATA OR NATIONAL Paragraph (c).

o, Dated Betheeda. Maryland, this 26th day SePte r.1986.

SECURITY INFORMATION OR AN

23. Section 14.53, is revised to read as EMPLOYMENT CLEARANCE foHows:

M Mar Regulatwy CommWon, Vicsee StaDs Jr,

14. ne authority eitation for Part 101s $ 14.53 scope of emr4oyment roport.

ExecutireDirector/propemtions.

revised to read as follows:

A report containing all data bearing (F14 Doc. 86-22838 Filed to.7-ee; 8:45 amj Authodry: Secs.145,161. 68 Stat. 942, 944, upon the question whether the employee e u mo coot reso et-a as amended (42 USC 2165. 2201); sec. 201. as wae acling within the scope of his or her Stat.1242. as amended (42 USC 58411; E.O.

office or employment will be fumished 10450,3 CFlt Parts 1949-1953 COMP., p. 93e, by the General Counsel or designee to 10 CFR Parts 30,40, and 70 as amended; E.O.10865. 3 CFR 1959-1963 the United States Attomey for the COMP p. 398, as amended,3 CFlt Table 4.

district encompassing the place where Regional Nuclear Materlats 1.lcensing i 10.5 (Amended]

the civil action or proceeding is brought. for the United States Air Force

15. In i 10.5. paragraph (c), remove the A copy of the report also will be words " Executive Legal Director" and fumished to the Director of the Torts AGENCY: Nuclear Regulatory add. in their place, the words " General Branch, Civil Division. Department of Cormnission.

Counsel.

Justice, at the earliest possible date. or ACnON: Final rule.

within the time specified by the United I10.22 (Amended!

States Attomey.

suuuAny:The NRCis amending its regulation conceming the domestic

16. In the introductory paragraph of PART 51-ENVIRONMENTAL licensing of source, byproduct, and i 10.22, remove the words " Office of the PROTECTION REGULATIONS POR special nuclear material (collectively Executive legal Director" and add, in their place, the words " Office of General DOMESTIC LICENSING AND RELATED referred to as nuclear materials) to Counsel.

REGULATORY FUNCTIONS provide for further decentralization of the NRC licensing process.Th!s 9 10.24 (Amended!

24.De authority citation for Part 51 amendment extends to the Region IV continues to read as follows:

Office the same authority for the United

17. In I 1 the words,0.24, paragraph (a), remove Authodty Sec.181.es Stat.948, as Stales Air Force license as they now Executive legal Director" and add,in their place, the words the amended (42 UAC 2201); secs. 201, as Possess for nearly all other Federal General Counsel.

amended. 202, sa Stat.1242, as amended.1244 activities.

(42 U A C ss41.5842L tFrscnyt oATE: October 1,1968.

PART 14-ADMINISTRATIVE CLAIMS

25. In i 51.4. the definition of"NRC FOR runnfER INFORMAnON COstrACM UNDER TliE FEDERAL TORT CLAIMS Staff director"is revised to read as VandyL.Mi!!er, Chief Material ACT follows:

Licensing Branch. Division of Fuel Cycle i

and Material Safety, Office of Nuclear 18.ne authority citation for Part 14 I s1.4 Definitions.

continues to read as follows:

Material Safety and Safeguards U.S.

As used in this part:

Nuclear Regulatory Commission.

Authority: Sec.1. 80 Stat. 300 (28 UAC Wa shington, DC 20555, Telephone: (301) 2672); sec. 2679. 62 Stat. 964, ee amended (28 UAC 2679); sec.161. 68 Stat. 948, as "NRC Staff Director"means:

427-4002.

amended (42 USC 2201): 28 CFR 14.11.

Executive Director for Operations; year since 1982 (May 27,1962: 47 CFR

$ 14.15 (Ameneedl Director. Omce of Nuclear Reactor 23138) (April 14.1983; 48 FR 10030) (May

. 19.In I14.15 remove the words Regulation; 9.1984: 49 FR 19630) (April 15,1985; 50 Director, Omce of Nuclear Material FR 14692), the Nuclear Regulatory

" Office of the Executive Ingel Directora and add,in their place the words Safety and Safeguards; Commission (NRC) published rules "Omca of the General Counsel".

Director. Office of Nuclear Regulatory decentralizing most licensing of nuclear

20. Section 14.33 is revised to read as Research:

materials.The NRC is amending its follows.

regulations to include the United States Director, Office ofInspection and I 14.33 Officials authortrod to act..

Enforcement;

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Air Force license in its decentrahzation r

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program.

-0 The General Counsel or the General Director Office of State Programs; and ne NRC recently consolid' ted a

. Counsel's designee shall exercise the The designee of any NRC staff director.. approximately 70indi_vidual United

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n Feder:1 Regist:r / Vcl. 51. Na.195 / Wedntsd y. Oct ber a.1986 / Ruits did Rzgulztions 36000 1

States Air Force beenees into one environmental assessment has been under sec. ietb. es stat. see, as amended (42

" master" license with many individual prepared for this finalrule.

permits. During the consolidation and UAc 2an(b)k and iI saa, anse,sast, for a short time after it. Headquarters Paperwerk um 3,,

ansa. 3 ass. and sans ib) and (c) are lesmed under sec.161o. es Stat. 950, as amended (42 retained the regulatoy authority for the This finalrule does not contain a new.UAc saattoll.

l Air Force licensing errort to maintain oramendedinformalion collection i

continuity.NRC Headquarters is now requirement subject to the Paperwork

2. In 6 30.6. paragraphs (b)(2) (i), (ii),

i prepered to transfer this authority to the Reduction Act of1980 (44 U.S.C.3501 et (iii). (iv), and (v) are amended by I

appropriateRegionalOffice consistent seq 4 existing requirements were changing the phrase "With the

)

with a similar del ation which affected approved by the Office ofManagement exception of the United States Air Force i

nearly all other F rallicenses in 1985.

and Budget approval numbers 315H017 and Navy...." to read "With the With respect to licenses issued for Part 30,3150-0016 for Part St. 3150 exception of the United States Navy..."

I pursuant to 10 CFR Part 30 through 35.

0001 for Part 32.315 Hots for Part 33 Also, the introductory text of 40, and 70, revisions to 10 CR 30.8. 40.5 3150 4007 for Part 34. 3150 0010 for Part i

and 70.5 would require the Air Force to 35,3150-0020 for Part 40, and 3150 0000 paragraph (b) and paragraph (b)(1) are contact the appropriate Regional office, for Part 70.

revised to read as follows:

rather than NRC Headquarters offices.

for license applications, renewals, and IJet of Sub) cts

$ 30.8 Communications.

2 revisions. This action now incorporates 10 CM Pbrt 30 the U.S. Air Force license into the NRC Regional materials licensing program.

Byproduct material. Covernment (b)De Commission has delegated to The only Federallicensee not contracts. Intergovernmental rela tions-the five Regional Administrators 1

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included in the decentralization program isotopes. Nuclear ma terials. Penalty

• licensing authority for selected parts of l

is the United States Navy. Navy Radiation protection. Reporting and Its decentraIimed licensing program for submittais under Parts 30 through 35,40 recordkeeping requirements.

I" i

and 70 will continue to be sent to the 10 CMPart 40 paragraph (b)(1)of this section. Any 4

i Office of Nuclear Material Safety and communica tion, report, or application Safeguards (NMSS).These licenses have Covernment contracts,liazardous covered under this licensing program not been included I;ecause the Navy is ma terials.transporta tion. Nuclear must be submitted as specified in i

currently in the process of submitting a materials Penalty.Reportingand Paragraph (b)(2)of this section.

proposal for a " master" materials recordkeeping requirements. Source license with the NRC, which would.lf material, and Uranium, (1)The delegated licensing program includes authority to issue. renew, approved, consolidate over one hundred 10 CM Port 70 amend cancel, modify, suspend.or individuallicenses lato one license.

Following this consolidation. it is Hazardous materials.tra'nsportation, revoke licenses for nuclear materials intended that the licensing authority for Nuclear materials. Packaging and issued pursuant to 10 CFR Parts 30 the Navy also will be delegated to the containers. Penalty. Radiation through 35,40, and 70 to all persons appropriate Region.

protection. Reporting and recordkeeping fe,

Delegations of authority to the requirements. Scientific equipment.

d I m ic nlindu m

Regional Administrator are contained in Security measures. Special nuclear with the following exceptions:

material.

NRC Manual Chapter 0128.De changes (i) Activities in the fuel cycle and to ll 30.e. 40.5, and 70.5 are Under the Atomic Energy Act of1954, 8pecial nclear matuialin quanUHee rev, substantive amendments. The as amended, the Energy Reorganization sufficient to constitute a critical mass in non

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r ised sections indicate the type of Act of 1974, as amended, and 5 U.S.C.

any room or area.This exception does bcensin authority delegated to the 552 and 553, the following amendments not apply to license modifications to 10 CR Parts 30,40, and 70 are relating to termination of special nuclear use th e are endments published as a document subject to materiallicenses that authorize da ng with Agency practice.

codification.

n Possession oflarger quantities when the procedure, and organization. the notice i

and comment provisions of the PART 30--RULES OF GENERAL.

case is referred for action from NRC's Administrative Procedure Act do not APPLICABILITY TO DOMESTIC '

Headquarters to the Regional apply pursuant to 5 U.S.C. 553(b)(A).

LICENSING OF BYPRODUCT Administrators

• The amendments are effective October MATERIAL.

(11) Health and safety design review of 3

sealed sources and devices and i

1.1986. Good cause exists to dispense

1. %e authority citation for Part So is i

with the usual 30 day delay in the revised to read as follows:

approval, for licensing purposes, of

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effective date because the amendments sealed sources and devices.

Authority: Seca. et, s2.161.182. tas. Ias, es cre of a minor and administrative nature. seat.eso, see, ess, eso, ess, a amended, sec.

(iii) Processing of source material for dealing with a matter of Agency practice 2se, sa seat. 444, as amended (42 USC. 2111extracting of meta 11ic compounda thet for administrative convenience

12.2 son,22:2.22 3,22se,2 erk sees. son, (including Zirconium. Hafnium, should begin with a new flacalyear, as amended, ans, aos, as seat.1242.1244,124e Tantalum. Titanium. Niobium, etc.).

EnvironmentalImpac6-Catagarical Excluslos tion Se.F e luued under Pub.1. eS-est, sec. te, et stat. 2sst (42 UAC ses11 con el ng te ioac iv erial to He NRC has determined that this section ao.34(b) aise lamed under sec.184. as persons exempt pursuant 10 CFR 32.11 bed Sist, eso, as amended (42 U.S.C. 22341 through 32.26.

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ese$4a Ua' c.'"2 undwa c. er,se n I c e on CFR (v)New uses or techniques for use of 51.22(c)(3)(1). Accordingly. pursuant to 10 CFR 51.22(b). neither en For the purposes of sec. 223. es Stat. 954, as byproduct. source, or spe,cial nuclear 4

amended (42 UAC 227sk Il 30.3. 30.34 (bl -

material.

s cnvironmental Impact statement nor an and (c) satt (el and (cl. and 30.5: see issued f.

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Federd Register / Vol. 51. No.195 / Wednesdsy. October 8.198G / Rules and Regulation 36001 PANT 40-- D000ESTIC LICENSING OF any rooms or area.11 mis exmption does exception of the United States Air Force SOURCE btATERIAL not apply to license modifications and Navy...." to read "With the relating to termination of special nuclear exception of the United States 3.*Ihe authority citation for Part 40 is snateriallicenses that authorize Navy...." Also, the introductory text revised to read as follows:

possession oflarger quantities when the of paragraph (b) and paragraph (b)(1)

Astbesity: Secs. 42, e3. 04. 65. 81.161.182 case is referred for action from NRC's are revised to read as follows:

1a3.1s8. es Stat. 932, 933. 935, 948. 963. 964.

Headquarters to the Regional I70.5 communications.

955.ee mmended. secs.11e(2) a3.s4. Pub.L Administrators.

eHot, e2 Stat.3o33, as onwnded. 303a wc.

(ii) HeeIth and sefety design review f (b)The Comm?ssion has delegated to 234. 83 Stat. 444. as amended l42 USC sealed sources and devices and sot 4(eM2). aos2. aos3. 2ces, aoss. 2n 1. 2113.

zug taos. 2232. 223a,22s2h wc. 274. Pub. L approval, for licensing purposes, of the five Regional Administrators es.373. 73 Stat. ens (42 USC 2021k ca. 201.

eealed sources and devices.

licensing authority for selectg parts og se asunded. 302 aos, as Stat.1242, as (iii) Processing of source material for its decentralized licensing program for au d.1244.1246 (42 UAC seat. 5842.

extracting of metallic compounds nuclear materials as described in notek sec. 275.92 Stat. 3o21. as amended by (including Zirconium. Hafnium.

paragraph (b)(1) of this section. Any Pub. L 97-415. Se Stat. 2067 (42 USC 2022).

Tantalum. Titanlum. Niobium, etc.).

communication report,or applicalion Sectice ea7 also i eued under Pub. L 95-(iv) distribution of products containing covered under this licensing prcgram 801. sec.1% 92 Stat. 2951 (42 USC 5851).

radioactive material to persons exempt must be submitted as specified in pursuant 10 CFR 32.11 through 32.26.

paragraph (b)(2) of this section.

aa

" Iso

,"3,

2152 Se Iweed under sec.184. es Slat. eso, se (v) New uses or techniques for use of (1) The delegated licensing program amended (42 USC 2234). Section eart also byproduct, source, or special nuclear includes authority to issue. renew.

Inved under sec.187. as Stat ess (42 UAC

material, amend, cancel modify. suspend,or revoke licenses for nuclear materiala 2237).

For the purposes of we. 223. 66 Stat. 958. es issued pursuant io 10 CFlt Parta 30 amended (42 USC 2273h Il 40.3. 40.25(d)

PART 70-DOMESTIC LICENSING OF through 35,40, and 70 to all persona SPECIAL NUCLEAR MATERIAL except the United States Navy for l (a e nd a ere eu n r academic, medical, and industrial uses.

sec.131b, se Stat. 948, ee amended (42 USC

5. The authority citation for Part 70 la ' with the following exceptions:

2201(b)k and il 40.5. 4a25 (c). (d) (3). and (4).

revised to read as follows:

4a26(cM2). 40.3ste). 4a42. 4ae1. 4ae2. 4ast.

(i) Activities in the fuel cycle and and 40.85 are issued undes sec. toto e8 Stat.

Authority: Secs. st. 53.181.182.183. 68 eso.as amended (42 USC 2201(o)).

Stat. 929. 930. 048,953. 954. es amended, eec.

speciaI nuclear materiay in quantities 234. 83 5 tat. 444. a s a mended l42 UAC 2071, sufficient to constitute a critical mass in

4. In 6 40.5 parsgraphs (b)(2)(i),(ii).

2073. 2201. 2232. 22a2k eece. 201, sa amended, any room or area.This exception does (iii),(iv) and (v) are amended by 202. 204. 206, se St at.1242. ea amended.1244 not apply tolicense modifications changing the phrase "With the tres 1246 (42 USC 5a41,5842, ss45, sa46).

relating to termination of special nuclear exception of the United States Air Force Section ra7 also issued under Pub. L 95*

materiallicenses that authorize and Navy...." to read "With the not, ecc.10. 92 Stat. 2951 (42 USC sa51k possession of larger quantities when the exception of the United States Navy Section 7a21(s) also issued under sec.122. sa case is referred for action from NRC's

...." Also, the introductory text of Stat. 939 (42 USC 2152). Section 7031 also paragraph (b) and paragraph (b)(1) are issued under sec. 57d. Pub. L 93-377. 88 Stat.

lieadquarters tp the Regional revised to read as follows:

475 (42 USC 2077). Sections 70.36 and 70.44 Administrators.

also issued under sec.184. e6 Stat. 954, as (ii) }{ealth and tafety design revlew of l 44.5 Conununications.

amended (42 USC 2234). Section met also sealed sources and devices and Issued under secs. tes.187. es Stat. 955 (42 approval. for licensing purposes, of sect 7a62 etoo luu

. (b) The Commission has delegated to

$8C 223Qst sealed sources and devices.

g,,,

,,n the five Regional Admintitrators USC 2:38).

(iii) Processing of source material for licensing authority for selected parts of For the purposes of sec. 223 es Stat.958, as extracting of metallic compounda.

Its decentralized licensing program for amended (42 USC 2273h Il 7E3.m19(ck (including Zirconium. Hafnium.

nucleer materlats ae described in 70.21(c). 70.22 (e). (b). (dHk). 7a24 (a1 and Tantalum. Titanium. Niobium, etc.).

paragraph (b)(1)of this section. Any (b). 70.32 (e) (3). (5), (s), (d). end til. mse.

communication, report, or application 70.39 (b) and (c). 70.4tta). m42 (a) and (c).

(N) DMdon of phe covered under this licensing program me. ms7 (b). (c). and (d). msa (eHs)(3),

containing radioactive material to and (hHi) are i.eved under eec. totb. es Stat.

persons exempt pursuant to CF1t 32.11 must be submitted as specified in 948, as emended 42 UAC 2201(b)): il 70.7 through 32.26.

(1)Yhe de eg i

$b).7 (dNe en icens rogram e

sl.

byproduct. source, or special nuclear includee authority to issue. renew.

m51 (cHs), me. Fas7 (b) and (d), and mse amend, cancel, modify. suspend or (eHs)(3) and thHj) are inued under sec.

materlat revoke licenses for nuclear materials 1sti, es Stat. 949. as emended (42 USC lesued pursuant to 10 CFlt Parts 30 2201(ilk and ll ?ns. m2cb (d) and (e). 7 ass.

Deted et Eetheeds.MD this 20th day of through 35,40, and 70 to all persons 7ast (b) and (6). FaS2. 7aS3. 7as4. 7aS5. 7ase September.19es, d

b nd (c) except the United States Navy for gigkk kN$

For the Nuclear Itegulatory Commluloa.

j

,d academic, medical, and industrial uses. -

aMd H2 UAC 26 h Shilo.N with the followinst exceptions:

D ec O N 8Cf8 M Pen n na.

(i) Activities in the fuel cycle and

6. In i70.5 paragraphs (b)(2)(l) fil).

special nuclest material in qua ntities (111). (iv). and (v) are amended by (FR Doc. 86-22840 Fued 10-7-se; 44s amj sufficient to constitute a critical mass in changing the phrase. "With the aura ocaosru m e

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