ML20215H886
| ML20215H886 | |
| Person / Time | |
|---|---|
| Issue date: | 08/08/1986 |
| From: | Deegan G NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Delmedico J, Philips J, Pineles B NRC OFFICE OF ADMINISTRATION (ADM), NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA), NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| Shared Package | |
| ML20215H368 | List: |
| References | |
| FRN-51FR35999, RULE-PR-30, RULE-PR-40, RULE-PR-70 AC31-2, AC31-2-10, NUDOCS 8610240210 | |
| Download: ML20215H886 (21) | |
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MEMORANDUM FOR: Joseph De1 Medico, CA Barry Pineles GC John Philips, R&R FROM: George Deegan, Manag ment Analyst
' Division of fuel Cycle and Material Safety
SUBJECT:
ASSIGNMENT TO PEGION IV 0F U.S. AIR FORCE '
MATERIALS LICENSE Last year, each of us worked together to decentralize most Federal materials licenses (50 FR 14692). HMSS is now intending to repeat this process for one license, the U.S.. Air Force, on.0ctober 1,1986.
We excluded the Air Force from last year's action intentionally because they had approximately 75 licenses, which they were in the process of consolidating. That process is now complete and HMSS is now prepared to delegate licensing authority for the Air Force license to Region IV.
I would like each of you to review this draft submittal, structured as closely as possible to last year's action. I welcome any and all coments, and would appreciate receiving them nd later than Friday, August 22. (Pen-and-ink markups are fine.)
Please call me (X74114) if you have any questions about the package.
Thank you in advance for your assistance.
George Deegan, Management Analyst Division of Fuel Cycle and~
Mater:el Safety i
Enclosures:
Draft Rulemaking ,
Package l cc: Mr. Cunningham Mr. Miller 8610240210 861016 PDR PR 30 51FR35999 PDR
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I MEMORANDUM FOR: Robert D. Martin Regional Administrator Region IV FROM: Victor Stello, Jr.
Executive Director for Operations
SUBJECT:
DELEGATION AND ASSIGNMENT TO REGION IV 0F U.S. AIR FORCE MATERIALS LICENSING ACTIONS
- 1. Pursuant to NRC Manual Chapter 0128, " Organization and Functions -
Regional Offices," the Regional Administrator of Region IV is hereby assigned and authorized (hereafter referred to as authorized) to perform certain licensing actions as described herein, effective October 1, 1986.
or skesld 17 say-This authorization supersedes the ones issued to Regions I and III 3,., ,,g.,;,,t.;,
effective May 27, 1982 and to all Regions on April 1, 1983 (published 4 %*[p.
April 14,1983), April 2,1984, and April 2,1985. l 3 **g *]
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- 2. Under the Atomic Energy Act of 1954, as amended, and the Energy j Reorganization Act of 1974, as amended, the Office of Nuclear Material I Safety and Safeguards (NMSS) is responsible for the principal licensing, regulation, and safeguarding of facilities and materials specified in !
the Atomic Energy Act of 1954 associated with the processing, transport, f and handling of source, byproduct, and special nuclear materials (hereafter referred to as nuclear materials). Consequently, NMSS will remain responsible for determining overall licensing and regulatory policy for actions which Region IV has been authorized to perform pursuant to this memorandum. To enable NMSS to execute this responsibility properly, NMSS will maintain oversight of these licensing actions. The HMSS Director retains the authority to take actions determined necessary in all matters hereby authorized to be performed by the Regions.
DRAFT 08/07/86 DELEGATION TO REGION IV
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MEMORANDUM FOR: Robert D. Martin Regional Administrator Region IV FROM: Victor Stello, Jr.
Executive Director for Operations
SUBJECT:
DELEGATION AND ASSIGNMENT TO REGION IV 0F U.S. AIR FORCE MATERIALS LICENSING ACTIONS
- 1. Pursuant to NRC Manual Chapter 0128, " Organization and Functions -
Regional Offices," the Regional Administrator of Region IV is hereby assigned and authorized (hereafter referred to as authorized) to perform
. certain licensing actions as described herein, effective October 1,1986.
This authorization supersedes the previous ones issued to Region IV on April 4,1983, April 2,1984, and April 2,1985.
- 2. Under the' Atomic Energy Act of 1954, as amended, and the Energy Reorganization Act of 1974, as amended, the Office of Nuclear Material Safety and Safeguards (NMSS) is responsible for the principal licensing, regulation, and safeguarding of facilities and materials specified in the Atomic Energy Act of 1954 associated with the processing, transport, and handling of source, byproduct, and special nuclear materials (hereafter referred to as nuclear materials). Consequently, NMSS will remain responsible for determining overall licensing and regulatory policy for actions which Region IV has been authorized to perform pursuant to this memorandum. To enable NMSS to execute this responsibility properly, NMSS will maintain oversight of these licensing actions. The NMSS l Director retains the authority to take actions determined necessary in all 1
matters hereby authorized to be performed by the Regions. j I
DRAFT 08/07/86 DELEGATION TO REGION IV-
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- 3. The Regional Administrator is authorized to issue, renew, amend, cancel, modify, suspend, or revoke, under the provisions set out by this i
delegation, licenses for nuclear materials issued pursuant to 10 CFR 1 Parts '30 through 35, 40, and 70 to the United States Air Force, and to all other persons and Federal facilities other than the United States Navy under Region IV jurisdiction for academic, medical, and industrial uses, with the following exceptions:
A. 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 the Nuclear Regulatory Commission's Headquarters to the Regional Administrator, r
B. Health and safety design review of sealed sources and devices, and approval, for licensing purposes, of' sealed sources and devices.
i l j C. Processing of source material for extraction of metallic compounds (including Zirconium, Hafnium, Tantalum, Titanium, Niobium, etc.).
D. Distribution of products containing radioactive material to persons '
i exempt pursuant to 10 CFR Parts 32.11 through 32.26.
4 E. New uses or techniques for use of byproduct, source, or special nuclear material.
- 4. The Regional Administrator is authorized to issue, with the concurrence i 2
of the NMSS Director, notices of the denial or the proposed denial of applications for materials licenses and amendments or renewals thereof, pursuant to 10 CFR Part 2, within the parameters delineated in paragraph 3 above.
DRAFT 08/07/86 DELEGATION TO REGION IV
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- 5. Actions initiated by the Regional Administrator to suspend, modify, or revoke licenses must have the concurrence of the NMSS Director.
- 6. The Regional Administrator is authorized to respond to all Freedom of Information Act inquiries as well as inquiries from Congress, the media and others about licensing actions the Regions have the authority to perform.
- 7. Actions pertaining to the disposal of nuclear material by burial must have concurrence of the NMSS Director.
- 8. All matters which arise that reasonably could be expected to have policy implications relating to delegated licensing actions shall be referred to the NMSS Director for resolution. If a licensing and/or regulation matter arises which has not been specifically authorized pursuant to this memorandum, it remains the responsibility of NMSS until a specific authorization is made to the Region.
- 9. Disagreements which arise between NMSS and Regional staff on whether or not an issue constitutes an item which remains the responsibility of NMSS, or on the way in which delegated item (s) has been handled will be referred to the NMSS Director who will consult with the Regional Administrator prior to issuing a final resolution.
- 10. Disagreements between potential or existing licensees relative to !
decisions made by the Regional Administrator pertaining to license actions should be made known immediately to the NMSS Director. If resolution cannot be achieved at the Regional level, the applicant /
licensee shall be informed in writing by the Regional Administrator, with a copy to the NMSS Director, that it may seek resolution of the matter with the NMSS Director.
- 11. Delegated licensing actions are to.be performed in accordance with policy l guidance and standard review plans issued by the NMSS Director.
DRAFT 08/07/86 DELEGATION TO REGION IV
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- 12. NMSS will provide a copy of this delegation, related revisions, and other related documents to the Deputy Executive Director for Regional Operations and Generic Requirements and the Director and Chief Counsel, Regional Operations Enforcement Division. Office of the Exacutive Legal Director. All documents submitted under this paragraph will be marked with Delegation of Assignment number [ ].
Victor Stello, Jr.
Executive Director for Operations John G. Davis, Director Office o'f Nuclear Material Safety and Safeguards DRAFT 08/07/86 DELEGATION TO REGION IV
MEMORANDUM FOR: Joseph M. Felton, Director 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 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 lice'nse in Region IV's materials licensing program.
It is requested that your Office arrange for publitation of the final rule in the Federal Register.
Please note that the Congressional letters were dispatched separately.
Richard E. Cunningham, Director Division of Fuel Cycle and Material Safety
Enclosure:
As stated 4
DRAFT 08/07/86. DELEGATION TO REGION IV i
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e MEMORANDUM FOR: Victor Stello, Jr.
l Executive Director for Operations J
! FROM: John G. Davis, Director i Office of Nuclear Material Safety and Safeguards
SUBJECT:
FEDERAL REGISTER NOTICE AND DELEGATION OF AUTHORITY FOR UNITED STATES AIR FORCE LICENSE d Enclosed for your signature are the final rule amendment (to be published in the Federal Register) and the Delegation of Authority pertaining to the Air Force license scheduled for decentralization to Region IV on October 1, 1986.
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- As the enclosures state, we decentralized all Federal facilities in April l 1985, except the Air Force and Navy. At that time','they were working to l consolidate their many licenses under one large license each with multiple i permits. Therefore, NMSS decided to wait until after the consolidation before 1
j decentralizing these service licenses. The Air Force license consolidation is now complete and we are prepared to transfer licensing authority to Region IV (the Air Force program is administered from Brooks Air Force Base in San Antonio).
The schedule calls for a similar transfer for the Navy to Region II in October i 1987. These actions will conclude the decentralization process for materials l licenses and will leave fewer than 10 percent of the licenses under Headquarters direct authority.
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I DRAFT 08/07/86 DELEGATION TO REGION IV
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Also included are the Daily Staff Notes and the Delegation of Authority for EDO publication approval.
John G. Davis, Director Office of Nuclear Material Safety and Safeguards
Enclosures:
As stated i
cc: Rules and Records DEDROGR Chief Counsel, Regional Operations and Enforcement Division, ELD
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Division Directors, NMSS
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I DRAFT 08/07/86 DELEGATION TO REGION IV
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The Honorable Alan Simpson, Chairman DISTRIBUTION: l Subcommittee on Nuclear Regulation FC Central Files NMSS R/F Committee on Environment and Public Works FC Files GADeegan United States Senate RECunningham DBMausshardt Washington, DC 20510 JDGavis JDelMedico, CA BPineles, GC JPhilips R&R
Dear Mr. Chairman:
EAHeumann VLMiller The Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal Register for publication the enclosed revision to the Commission's rules in 10 CFR Parts 30, 40, and 70.
l This action extends to our Region IV Office the licensing authority they already possess for most other Federal licensees to include the United States Air Force licensing activities. Because the Air Force program is administered from Brooks Air Force Base in San Antonio, Texas,1RC's Region IV Office in )
Arlington, Texas, is the appropriate one to regulate the program. A similar Delegation of Authority is anticipated for the United States Navy program for Region II in 1987.
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This rule will take effect on October 1,1986.
Sincerely, John G. Davis, Director Office of Nuclear Material Safety and Safeguards
Enclosure:
As stated cc: The Honorable Gary Hart DRAFT 08/07/86 DELEGATION TO REGION IV
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NUCLEAR REGULATORY COMISSION 10 CFR Parts 30, 40, and 70 Regional Nuclear Materials Licensing for the United States Air Force AGENCY: Nuclear Regulatory Comission.
ACTION: Final Rule. ,o i
SUMARY: The NRC is amending its regulations concerning the domestic licensing of source, byproduct, and special nuclear material (collectively referred to l
as nuclear materials) to provide for further decentralization of the NRC licensing process. This amendment extends to the Region IV Office the same authority for the United States Air Force license as they now possess for
! nearly all other Federal activities.
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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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SUPPLEMENTARY INFORMATION: Each year since 1982, (47 FR 23138) (48 FR 16030)
(49 FR 19630) (50 FR 14693) the Nuclear Regulatory Commission (NRC) published rules decentralizing most domestic licensing of nuclear materials. The NRC is amending its regulations to include the United States Air Force license in its decentralization program. Revisions to 10 CFR 30.6, 40.5, and 70.5 require the Air Force kith Y nIes is ed pu suant to 10 CFR Parts 30 through 35, 40, and 70, tbtact theY 'o , rather than NRC Headquarters offices, for license app'11 cations, renewals, and revisions. This action now incorporateEintii the qReijloiial materials licensing prograly[f.he U.S. Air Force pl$
license.]
The only Federal licenge not included in the decentralization program is the United States Navy. TM submittals under Parts 30 through 35, 40 and 70 wilNSIekt to the Office of Nuclear Material Safety and Safeguards (NMSS).
Theselicense%havenotbeenincludedbecausetheNavyiscurrentlyinthe process of submitting a proposal for a " broad" materials license with the NRC, which would, if approved, consolidate over one hundred individual licenses into one license. Following this consolidation, ft~is intended that the licensing authority for the Navy also will be extended to the appropriate Region.
i Delegations of authority to the Regional Administrator are contained in NRC Manual Chapter 0128. The changes to $$ 30.6, 40.5, and 70.5 are nonsubstantive amendments. The revised sections indicate the type of licensing authority delegated to the Regional Administrator.
Since these are minor, procedural amendments relating to agency organization and management, notice, opportunity for comment and a delay of effective date are not required by the Administrative Procedure Act under 5 U.S.C. 553.
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)(i). Accordingly, pursuant to 10 CFR 51.22(b), neither an environmental impact statement nor an environmental assessment has been prepared for this final rule. l iY\\'l
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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 Management 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.
LIST OF SUBJECTS IN 10 CFR PARTS 30, 40, AND 70 i
Part 30 - Byproduct material, Government contracts, Intergovernmental relations, Isotopes, Nuclear materials, Penalty, Radiation protection, Reporting and recordkeeping requirements.
Part 40 - Government contracts. Hazardous materials-transportation Nuclear materials, Penalty, Reporting and recordkeeping requirements, Source material, and Uranium.
Part 70 - Hazardous materials-transportation, Nuclear materials, Packaging and 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. 552g M Y,oilowing amendments to 10.CFR Parts 30, 40, and 70 are published as a document subject to codification.
The authority citation for this document is:
AUTHORITY: Sec. 161b., i., o., and p., Pub. L.83-703, 68 Stat. 948, 949j i 950, as amended (42 U.S.C. 2201(b), (i), (o), and (p)); Sec. 201, Pub. L.93-438, 88 Stat. 1242, as amended (42 U.S.C. 5841).
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PART 30 - RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL
- 1. In 9 30.6, paragraph (b)(2) (iv) is 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
530.6 Communications.
l (b) The Commission has delegated to the five Regional Administrators i licensing authority for selected parts of its decentralized licensing program for nuclear materials as described in paragraph (b)(1) of this section. Any communication, report, or application covered I under this licensing program must be submitted as specified in I paragraph (b)(2) of this section.
(1) The delegated licensing program includes authority to issue, renew, amend, cancel, modify, suspehd, 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 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.
DRAFT l
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I (iii) Processing of source material for extracting of metallic i compounds (including Zirconium, Hafnium, Tantalum, Titanium, l
Niobium,etc.). l l
(iv) Distribution of products containing radioactive material to persons exempt pursuant 10 CFR 32.11 through 32.26. l l l (v) New uses or techniques for use of byproduct, source, or special nuclear material.
I PART 40 - DOMESTIC LICENSING OF SOURCE MATERIAL
- 2. In 40.5, paragraph (b)(2) (iv) is 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:
5 40.5 Communications.
(b) The Commission has delegated to the five Regional Administrators l'icensing authority for selected parts of its decentralized licensing program for nuclear materials as described in paragraph (b)(1) of 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, modify, 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 l academic, medical, and industrial uses, with the following exceptions:
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- . 1 (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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PART 70 - DOMESTIC LICENSING 0F SPECIAL NUCLEAR MATERIAL
- 3. In 5 70.5, paragraph (b)(2) (iv) is amended by changing the phrase, "With j 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 I paragraph (b) and paragraph (b)(1) are revised to read as follows:
E70.5 Communications.
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(b) The Cominission 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 communication, report, or application covered under this licensing program must be submitted as specified in paragraph (b)(2)ofthissection.
(1) The delegated ifcensing program includes authority to issue, renew, amend, cancel, modify, 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 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 (includingZirconium, Hafnium, Tantalum, Titanium, Niobium,etc.).
(iv) Distribution of products containing radioactive material to persons exempt pursuant 10 CFR 32.11 through 32.26.
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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 COMMISSION I
Victor Stello, Jr.
Executive Director for Operations a
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DAILY STAFF NOTES DIVISION OF FUEL CYCLE AND MATERIAL SAFETY OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS Final Rule to be Signed by E00 On , 1986, the Executive Director for Operations approved a final rule which revised 10 CFR Parts 30, 40, and 70. This revision informs the public of an action that transfers the nuclear materials licensing authority for the United States Air Force license from Headquarters to Region IV. Nearly all other Federal licenses were transferred to the appropriate RegionSin April 1985 under a similar Delegation of Authority and Federal Register Notice.
The only Federal licensee not now under Regional authority is the United States Navy which is in the process of a major license. modification which may require some time to complete. Following this modification; it is intended that the licensing authority for the Navy will be extended to the appropriate Region.
This constitutes notice to the Commission that, in accordance with the rulemaking authority delegated to the EDO, the E00 has received the final rule and proposes to forward it on , 1986 to the Office of the Secretary for FR publication, unless otherwise directed by the Commission.
1 DRAFT 08/08/86 DELEGATION TO REGION IV 7
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m Note: The attached are comments received from 4 { Mike Lesar (R&R) with revised citatio'ns.
W 0y / Undated ~and submitted to George Deegan.'
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PART 30 - RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT V MATERIAL
- 1. 1he aut hori ty ci t at i on for Part 30 i s revi sed to read as follows:
V Aill HORI T Y: Secs. 81, 82, 161, 182, 103, 186, 68 Stat. 935, 948, 953, 954, V 9GS, as amended, s e c. . 234, 83 Stat. 444, as amended (42 U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201, as amended, 202, 206, 88 Stat. 1242, V i 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
V Section 30.7 also issued under Pub. L. .95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851;. Section 30.34(b) also issued under sec. 184, 68 StaL. 954, V
as amended (42 U.S.C. 2234). Section 30.61 also issued under sec. 187, 68 V Stat. 955 (42 ti.S.C. 2237).
For the purposes of sec. 223, 68 Stet. 958, as c, mended (42 U.S.C. 2273);
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430.3, 30.34(b) and (c), 30.41(a) and (c), and 30.53 are issued under sec.
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161b, 68 Stat. 948, ss amended (42 ti.S.C. 2201(b)); and 6, 30.36, 30.51, 30.52, 30.55, and 30.56(b) and (c) are issued under sec. 1610, 68 Stat. 950, V
, as amended (42 U.S.C. 2201(a)).
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