ML20215H847
| ML20215H847 | |
| Person / Time | |
|---|---|
| Issue date: | 09/11/1986 |
| From: | Norry P NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Deegan G NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| Shared Package | |
| ML20215H368 | List: |
| References | |
| FRN-51FR35999, RULE-PR-30, RULE-PR-40, RULE-PR-70 AC31-2-09, AC31-2-10, AC31-2-9, NUDOCS 8610240188 | |
| Download: ML20215H847 (13) | |
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SEP 111986 MEMORANDUM FOR: George Deegan Division of Fuel Cycle and Material Safety Office of Nuclear Material Safety and Safeguards FROM: Patricia G. Norry, Director Office of Administration
SUBJECT:
REGIONAL NUCLEAR MATERIALS LICENSING FOR THE UNITED STATES AIR FORCE The Office of Administration concurs on the final rule concerning regional nuclear materials licensing for the U.S. Air Force. We have enclosed a marked-up copy of those portions of the package on which we have some editorial comments. In order to assist you in preparing the list of documents centrally relevant to the final rule that is required by NRC's regulatory history procedures, you should place the designator "AC31-2" in the upper right hand corner of each document concerning this final rule that is forwarded to the Document Control System. ! If you have any questions, please contact Michael Lesar, Rules and Procedures Branch, Division of Rules and Records, on extension 27758. Patricia G. Norry, Direct Office of Administration
Enclosure:
As stated 8610240188 861016 PDR PR 30 51FR35999 PDR [
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, EHeumann Donnie H. Grimsley, Director (D8 MEMORANDUM FOR:
Division of Rules and Records FROM: Richard E. Cunningham, Director Division of Fuel Cycle and Material Safety
SUBJECT:
FEDERAL REGISTER NOTICE FOR CERTAIN FEDERAL FACILITY NUCLEAR MATERIALS LICENSEES -
-e The enclosed final rule entitled, " Regional Nuclear Materials Licensing for U.S. Air Force," amends 10 CFR Parts 30, 40, and 70 to include the Air Force license in Region IV's materials licensing program.
It is requested that your Office arrange for publication of the final rule in the Federal Register. De 6 that)heconyslifon'akJ_e,ttefi~ilere e dispa'tMdaeparatdlyw Richard E. Cunningham, Director Division of Fuel Cycle and Material Safety
Enclosure:
As stated 0FC: FC : FCML : FC : : : : NAME:GJDeegan:jp :VLMiller:RECunningham: : : : DATE:09/ /86 :09 / /86: 09 / /86 : : : : OFFICIAL RECORD COPY
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RECunningham _ _ JPhilips MEMORANDUM FOR: _ Victor Stello, Jr. - BPineles-Executive Director for Operations DBMausshardt JGDavis FROM: John G. Davis, Director EHeumann, Office of Nuclear Material Safety and Safeguards NMSS R/F
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SUBJECT:
FEDERAL REGISTER NOTICE AND DELEGATION OF AUTHORITY FC File FOR THE U.S. AIR FORCE NUCLEAR MATERIALS LICENSE pp/t fir I Enclosed for your signature are the[ule ::ent:nt in fina! -f to be published in the Federal Register) and the Delegation of Authority pertaining to decentralization of the U.S. Air Force license on October 1, 1986. The subject action transfers licensing authority for one license only from . Headquarters to Region IV (the Air Force program is administered from. San Antonio, Texas). The action represents a minor administrative amendment,~~i.e.,
- a mailing address change.
When we decentralized nearly all other Federal nuclear materials licenses in 1985, we excluded the U.S. Air Force and Navy because they were in the process of consolidating their many individual licenses into one " master" license each. At that time, we announced in the Federal Register, the Daily Staff Notes and in our congressional letters our intention to decentralize these master licenses once the consolidations were made. For the U.S. Air Force, the consolidation is now complete and we believe Region IV will encounter no special problems with this license. This action represents a minor administrative change (revising the Air Force's NRC licensing contact point). In April 1985, the EDO decentralized thousands of other Federal licenses in a similar fashion, without an independent review by the Office of Nuclear Regulatory Research (RES), as further implementation of the NRC program to decentralize materials licensing because he considered the rule to be an implementation of a previous NRC commitment - part of the planned decentralization process. The 1985 rule did not represent any change in NRC's licensing philosophy. Neither does-this rulemaking. Therefore, we have not forwarded the package through the RES review group. Also enclosed are the Daily Staff Notes, the Delegation of Authority for EDO publication approval, three letters that will notify appropriate congressional committees, and a preliminary NMSS analysis of the rulemaking. Based on this analysis, I recomend that you approve the rulemaking, and that you sign both the Federal Register Notice and the Delegation of Authority. John G. Davis, Director Office of Nuclear Material Safety and Safeguards
Enclosures:
As stated 0FC: FC : FCML : FC : R&R : OGC : NMSS : NM55 : NAME:GDeegan:jp:VMiller:RECunningham:JPhilips:BPineles:DBMausshardt:JGDavis DATE:09/ /_86 :09/ /86:09/ /86 :09/ /86:09/ /86: 09/ /86 :09/ /86 0FFICIAL RECORD COPY
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DELEGATION OF AUTHORITY FOR ED0 PUBLICATION APPROVAL Approved for Publication iTnrfmal-rule-pub 4-ished-March-1M983._(4LFR .11816), lhe Commis.sion delegated to the ED0(10;fFR51!40(c)"andT(d)]the authority to develop and l promulgate rules as defined in the APA.{51U.'S;C.~4551(4.)] subject to the . limitations in NRC Manual Chapter 0.103, Organization and Functions, Office of the Executive Director for Operations, paragraphs 0213, 038, and 0310. _ , l The enclosed final rule entitled, "Rcgional Nuclear Materials Licensing for i the United States Air Force," amends 10 CFR Parts 30, 40, and 70 to include the United States Air Force license in the decentralized materials licensing program. This final rule does not constitute a significant question of policy, nor
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does it amend regulations contained in 10 CFR Parts
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7, 8, 9 Subpart g po @ g / I, therefore, find that this final rule is within the scope of my j rulemaking authority and am proceeding to issue it. l I h l Date Victor Stello, Jr. / Executive Director / for Operations
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[ 7570 ,a] .- NUCLEAR REGULATORY COMMISSION 10 CFR Parts 30, 40, and 70 Regional Nuclear Materials Licensing for the United States Air Force AGENCY: Nuclear Regulatory Commission. ACTION: Final rule. - l 1
SUMMARY
- The NRC is amending its regulations concerning the domestic licensing of source, byproduct, and special nuclear material (collectively referred to j as nuclear materials) to provide for further decentralization of the NRC licensing process. This amendment extends to the Region IV Office the same !
t authority for the United States Air Force license as they now possess for ! { nearly all other Federal activities. I EFFECTIVE DATE: October 1, 1986. FOR FURTHER INFORMATION CONTACT: Vandy L. Miller, Chief, Material Licensing Branch, Division of Fuel Cycle and Material Safety, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555 Telephone: (301) 427-4002.
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j l SUPPLEMENTARY INFORMATION: Each year since 1982, (May 27, 1982; 47 FR 23138) (April 14,1983; 48 FR 16030) (May 9,1984; 49 FR 19630) (April 15,1985; 50 FR 14692) the Nuclear Regulatory Commission (NRC) published rules decentral-izing most domestic licensing of nuclear materials. The NRC is amending its
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regulations to include the United States Air Force license in its decentralization program. The NRC recently consolidated approxim tely seventy ndividual Unitad States Air Force licenses into one " master" licen e with ma , ndividual permits". During the consolidation and for a short time ter ~ Headquarters retained the regula ya rity for the Air Force licensing effort to maintain continuity. NRC H adq s\isnowpreparedtotransferthisauthoritytotheappropriate
# Regii nal o,ffice, consistent with a similar delegation which affected nearly all othel Federa censes in 1985.
With respect to licenses issued pursuant to 10 CFR Part 30 through 35, 40, and 70, revisions to 10 CFR 30.6, 40.5, and 70.5 would require the Air Force to contact the appropriate Regional office, rather than NRC Headquarters offices, for license applications, renewals, and revisions. This action now incorporates into the NRC Regional ~ materials licensing program the U.S. Air Force license. The only Federal licensee not included in the decentralization progr'am is the United States Navy. Navy submittals under Parts 30 through 35, 40 and 70 will continue to be sent to the Office of Nuclear Material Safety and Safeguards (NMSS). These licenses have not been included because the Navy is currently in the process of submitting a proposal for a " master" materials license with
.the NRC, which would, if approved, consolidate over one hundred individual licenses into one license. Following this consolidation, it is intended that the licensing authority for the Navy also will be extended to the appropriate Region.
Delegations of authority to the Regional Administrator are contained in NRC Manual Chapter 0128. The changes to il 30.6, 40.5, and 70.5 are nonsubstantive amendments. The revised sections indicate the type of licensing authority delegated to the Regional Administrator.
w. 3 - Because these.are amendments dealing with agency prac'tice, procedure, and organization, the notice and comment provisions of the Administrative ; Procedure Act do not apply pursuant to 5 U.S.C. 553 (b)(A). The amendments are effective October 1,1986. Good'cause exists to dispense with the usual 30-day delay in the effective date because the amendments are of a minor and administrative nature dealing with a matter of agency practice that for administrative convenience should begin with a new fiscal year. ENVIRONMENTAL IMPACT - CATEGORICAL EXCLUSION . The NRC has determined that this final rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(3)(1). Accordingly, pursuant to 10 CFR 51.22(b), neither an environmental impact statement nor an environmental assessment has been prepared for this final rule. PAPERWORK REDUCTION ACT STATEMENT This final rule does not contain a new or amended'information collection requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Managenent and Budget approval numbers 3150-0017 for Part 30, 3150-0016 for Part 31, 3150-0001 for Part 32, 3150-0015 for Part 33, 3150-0007 for Part 34, 3150-0010 for Part 35, 3150-0020 for Part 40, and 3150-0009 for Part 70. BACKFIT The NRC has determined that the backfit analysis provisions in 10 CFR 50.109 do not apply to this final rule because these amendments apply to materials licensees under Parts 30, 40 and 70. These amendments do not apply to licensees under 10 CFR Part 50.
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_._ _ ~ 4 _ _ _ LIST OF SUBJECTS IN 10 CFR-PARTS 30, 40, AND.70 Part 30 - Byproduct material, Government contracts, Intergovermental relations, Isotopes, Nuclear materials, Penalty, Radiation protection, Reporting and recordkeeping requirements. 4 Part 40 - Government contracts, Hazardous materials-transportation, Nuclear materials, Penalty, Reporting and recordkeeping requirements, Source material; , and Uranium. ., I Part 70 - Hazardous materials-transportation, Nuclear materials, Packaging and i containers, Penalty, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures, Special nuclear material. Under the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 552 and 553, the following amendments to , 10 CFR Parts 30, 40, and 70 are published as a document subject to codification. PART 30 - RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING 0F BYPRODUCT MATERIAL , 1. The authority citation for Part 30 continues to read as follows: AUTHORITY: Sec. 161, Pub. L 83-703, 68 Stat. 948, as amended, 42 (U.S.C. 2201); sec. 201, Pub. L. 93-438, 88 Stat. 1242, as amended 42 (U.S.C. 5841).
- 2. In 6 30.6, paragraphs,(b)(2) (i), (ii), (iii), (iv), and (v) are amended by changing the phrase, "With the exception of the United States Air Force and Navy ...." to read "With the exception of the United States Navy ...." Also, the introductory text of paragraph (b) and paragraph (b)(1) are revised to read i as follows:
l 630.6 Consnunications. I * * * *
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) (b) The Conunission has delegated to the five Regional Administrators licensing authority for selected parts of its decentralized licensing program for nuclear materials as described in paragraph (b)(1) of i 4
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this section. Any communication, report, or application covered under this licensing program must be submitted as, specified in paragraph (b)(2) of this section.
-(1) The delegated licensing program includes authority to issue, renew, amend, cancel . oodify, suspend, or revoke licenses for nuclear materials issued pursuant to 10 CFR Parts 30 through 35, 40, and 70 to all persons except the United States Navy for academic, medical, and industrial uses, with the follow'ing exceptions:
(1) Activities in the fuel cycle and special nuclear material in quantities sufficient to constitute a critical mass in any room or area. This exception does not apply to license modifications relating to termination of special nuclear material licenses that authorize possession of larger quantities when the case is referred for action from NRC's Headquarters to the Regional Administrators. (ii) Health and safety design review of sealed sources and devices and approval, for licensing purposes, of sealed sources and devices. (iii) Processing of source material for extracting of metallic compounds (including Zirconium, Hafnium, Tantalum, Titanium, Niobium,etc.). (iv) Distribution of products containing radioactive material to persons exempt pursuant 10 CFR 32.11 through 32.26. l (v) New uses or techniques for use of byproduct, source, or special nuclear material.
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6 .._ .- . _ _ __ j PART 40 - DOMESTIC LICENSING OF SOURCE MATERIAL
- 3. The authority citation for Part 40 continues to read as follows:
AUTHORITY: Sec. 161, Pub. L. 83-703, 68 Stat. 948, as amended 42 (U.S.C. 2201); sec. 201, Pub. L. 93-438, 88 Stat. 1242, as amended 42 (U.S.C. 5841).
- 4. In 6 40.5, paragraphs (b)(2) (i), (ii), (iii), (iv), and (v) are amended by ,
changing the phrase, "With the exception of the United States Air Force and Navy ...." to read "With the exception of the United States Navy ...." Also,' the introductory text of paragraph (b) and paragraph (b)(1) are revised to, read as follows: 9 40.5 Comunications. (b) The Comission has delegated to the five Regional Administrators licensing authority for selected parts of its decentralized licensing program for nuclear materials as described in paragraph (b)(1) of this section. Any comunication, repor~t,' or application covered under this licensing program must be submitted as specified in paragraph (b)(2)ofthissection. (1) The delegated licensing program includes authority to issue, renew, amend, cancel, modify, suspend, or revoke licenses for nuclear ma.terials issued pursuant to 10 CFR Parts 30 through 35, 40, and 70 to all persons except the United States Navy for academic, medical, and industrial uses, with the following exceptions: (i) Activities in the fuel cycle and special nuclear material in quantities sufficient to constitute a critical mass in any room or area. This exception does not apply to license ) modifications relating to tennination of special nuclear l material licenses that authorize possession of larger l quantities when the case is referred for action from NRC's Headquarters to the Regional Administrators. I
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(ii) Health and safety design review of sealed sources and devices and approval, for licensing purposes, of sealed sources and devices. (iii) Processing of.. source material for extracting of metallic compounds (including Zirconium, Hafnium, Tantalum, Titanium, Niobium,etc.). (iv) Distribution of products containing radioactive. m5terial to persons exempt pursuant 10 CFR 32.11 through 32.26. (v) New uses or techniques for use of byproduct, source, or special nuclear material. PART 70 - DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL.
- 5. The authority citation for Part 70 continues -to read as follows:
AUTHORITY: Sec. 161, Pub. L. 83-703, 68 Stat. 948, as amended 42 (U.S.C. 2201); sec. 201, Pub. L. 93-438, 88 Stat. 1242, as amended 42 (U.S.C. 5841).
- 6. In 6 70.5, paragraphs (b)(2) (1), (ii), (iii), (iv), and (v) are amended by changing the phrase, "With the exception of the United States Air Force and Navy ...." to read "With the exception of the United States Navy ...." Also, the introductory text of paragraph (b) and paragraph (b)(1) are revised to read as follows:
570.5 Communications. e l, J
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(b) The Commission has delegated to the five Regional Administrators licensing authority for selected parts of its decentralized licensing program for nuclear materials as described in paragraph (b)(1) of this section. Any connunication, report, or application covered under this licensing program must be submitted as specified in paragraph (b)(2) of this section. ' (1) The delegated licensing program includes authority to issue, renew, amend, cancel, modify, suspend, or revoke licenses fo_r , nuclear materials issued pursuant to 10 CFR Parts 30 through 35, 40, and 70 to all persons except the United States Navy for academic, medical, and industrial uses, with the following exceptions: (i) Activities in the fuel cycle and special nuclear material in quantities sufficient to constitute a critical mass in any room or area. This exception does not apply to license modifications relating to termination of special nuclear material licenses that authorize possession of larger quantities when the case is referred for action from NRC's Headquarters to the Regional Administrators. (ii) Health and safety design review of sealed sources and devices and approval, for licensing purposes, of sealed sources and devices. (iii) Processing of source material for extracting of metallic compounds (including Zirconium, Hafnium Tantalum Titanium, Niobium,etc.). i l (iv) Distribution of products containing radioactive material to persons exempt pursuant 10 CFR 32.11 through 32.26. s
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(v) New uses or techniques for use of byproduct, source, or special nuclear material. Dated at Bethesda, MD, this day of , 1986. FOR THE NUCLEAR REGULATORY-{0tetISSIORg Victor Stello, Jr. n . Executive Director forOperationsg 1 l l l g ,4
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AC31-2 UNITED STATES [' k- NUCLEAR REGULATORY COMMISSION --
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AUG 181986 MEMORANDUM FOR: George Deegan Division of Fuel Cycle and Material Safety
; Office of Nuclear Material Safety and Safeguards FROM: John Philips, Chief Rules and Procedures Branch Division of Rules and Records Office of Administration
SUBJECT:
REGIONAL NUCLEAR MATERIALS LICENSING FOR THE UNITED STATES AIR FORCE The Rules and Procedures Branch, DRR, has reviewed the draft final rule that would amend 10 CFR Parts 30, 40, and 70 concerning regional nuclear materials licensing for the U.S. Air Force. We have enclosed a marked-up copy of the package that sets out our comments. If you have not yet obtained ED0 approval for this rulemaking effort as required by the E00's memorandum dated February 13, 1984, you should submit the rulemaking review package to the Office of Nuclear Regulatory Research immediately. We note that a regulatory analysis has not been prepared for this rule. If the EDO requires that a regulatory analysis be prepared for this rule, then appropriate language should be added to the final rule indicating the availability of the analysis. -- We also note that the final rule is silent concerning the applicability of the Connission's backfit analysis requirements. You should check with the Office of the General Counsel to determine the proper approach and appropriate language concerning this matter. We have adjusted the presentation of authority citations in this document to comply with the revised requirements of the Office of the Federal Register concerning authority citations. We have forwarded a copy of the final rule to the Information and Records management Branch, TIDC, for their comment / concurrence concerning paperwork management aspects of this rulemaking action. If you have any questions, please contact me on ext. 27086 or Michael Lesar of my staff on ext. 27758, 2-pJohnPhilips, Chief Rules and Procedures Branch Division of Rules and Records Office of Administration
Enclosure:
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