ML20215H906
| ML20215H906 | |
| Person / Time | |
|---|---|
| Issue date: | 08/18/1986 |
| From: | Philips J 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 51RF35999, AC31-2-08, AC31-2-8, AC31-2-9, NUDOCS 8610240220 | |
| Download: ML20215H906 (18) | |
Text
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k UNITED STATES
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p, NUCLEAR REGULATORY COMMISSION pg 7.
j WASHINGTON, D. C. 20555 AUG P 1996 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 i
Office of Administration l
l
SUBJECT:
REGIONAL NUCLEAR MATERIALS LICENSING FOR THE UNITED STATES AIR FORCE The Rules and Procedures Branch, DRR, has reviewed the draft final rule that wauld 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 EDO approval for this rulemaking effort as required by the ED0'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 ED0 requires that a regulatory analysis be prepared for this rule, then j
appropriate language should be added to the final rule indicating the J
availability of the analysis.
i We also note that the final rule is silent concerning the applicability of the Comission'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 coment/ 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.
p $ii. tQ'. de m W 8610240220 861016 30 51FR35999 PDR pJohnPhilips,-Chief PDR PR Rules and Procedures Branch Division of Rules and Records Office of Administration
Enclosure:
As stated
3.
- L DISTRIBUTION:
NMSS R/F FC Central File FC Files MEMORANDUM FOR: Victor Stello, Jr.
GDeegan Executive Director for Operations BMiller RECunningham FROM:
John G. Davis, Director PGNorry Office of Nuclear Material Safety and Safeguards WJ0lmstead
SUBJECT:
FEDERAL REGISTER NOTICE AND DELEGATION OF AUTHORITY D
ardt FOR THE U.S. AIR FORCE NUCLEAR MATERIALS LICENSE JGDavis Egupnn Enclosed for you[ signature are the final rule (to be published in the ederal 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 arendment, 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.
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 comittees, and a preliminary NMSS analysis of the rulemaking. Based on this analysis, I reconnend that you approve the rulemaking, and that you sign both the Federal Register Notice and the Delegation of Authority.
g{yruh?d M Y/
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John G. Davis Director o a e / p%
Office of Nuclear Material Safety and Safeguards
Enclosures:
As stated OGC NM55
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0FFICIAL RECORD COPY
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- Identical lett:rs sent to:
The Hon:rable Morris K. Udall, Chairman Subconsnittee on Energy and the Environment Committee on Interior and Insular Affairs United States House of Representatives Washington, DC 20515 cc: The Honorable Manuel Lujan
- and -
The Honorable Edward J. Markey, Chainnan Subcomittee on Energy Conservation and Power Committee on Energy and Comerce United States House of Representatives Washington, DC 20515 cc: The Honorable Carlos Moorhead The Honorable Alan Simpson, Chairman DISTRIBUTION:
Subcomittee on Nuclear Regulation FC Central Files NMSS R/F Committee on Environment and Public Works FC Fi,les GJDeegan United States Senate RECunningham DBMausshardt Washington, DC 20510 JGDavis JDelMedico, CA BPineles, GC JPhilips. R&R
Dear Mr. Chairman:
EAHeumann VLMiller WJ0lmstead fbA The Nuclear Regulatory Comission (NRC) has sent to the Office of the Federal Register for publication the enclosed revision to the Comission's rules in 10 CFR Parts 30, 40, and 70.
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, NRC'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 in 1987.
This rule will take effect on October 1, 1986.
Sincerely, l ML
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'7 John G. Davis, Director l[ '
Office of Nuclear Material i
Safety and Safeguards
Enclosure:
As stated cc: The Honorable Gary Hart FC
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0FFICIAL RECORD COPY
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MEMORANDUM FOR: Regional Administrators FROM:
' Victor Stello, Jr.
~
Executive Director for Operations John G. Davis, Director Office of Nuclear Material Safety and Safeguards
SUBJECT:
DELEGATION AND ASSIGNMENT FOR THE U.S. AIR FORCE MATERIALS LICENSING ACTIONS TO THE APPROPRIATE REGION 1.
Pursuant to NRC Manual Chapter 0128, " Organization and Functions-Regional Offices," the Regional Administrators are 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 delegations issued to Re 27, 1982 and to all Regions on Ap'rfl 1, 1983 (gions I and III effective May14, 1983), April 2, 1984, published April and April 2, 1985.
i 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 fn 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 the Regions have been authorized to perfona pursuant to this memorandum. To enable NMSS to execute this responsibility properly, NMSS will maintain oversight of these licensing actions. This oversight shall include, but not be limited to, ongoing review of documentation, periodic assessments of activities being conducted by the Regions, and the ongoing coordination and consultation between NMSS and the Regions regarding authorized licensing actions. The NMSS Director retains the authority to take actions determined necessary in all matters hereby authorized to be performed by the Regions.
3.
All Regional Administrators are authorized.to issue, renew, amend, cancel, modify, suspend, or revoke, under the provisions set out by this delegation, licenses for nuclear materials issued pursuant to 10 CFR Parts 30 through 35, 40, and 70 to all Federal facilities throughout the United States under NRC jurisdiction except the United States Navy and to all persons in non-Agreement States, Guam, Puerto Rico, the Virgin Islands and the District of Columbia for academic, medical, and industrial uses, with the following exceptions:
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Regional Administrators 2
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 relatir.g to termination of special nuclear material licenses that authorize possession of larger quantities when the case is refe'rrid for action from the Nuclear Regulatory Commission's Headquarters to the Regional Administrator.
B.
Health and safety design review of sealed sources and devices, and approval, for licensing purposes, of sealed sources and devices.
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 exempt pursuant to 10 CFR Parts 32.11 through 32.26.
E.
New uses.or techniques for use of byproduct, source, or special nuclear material.
4.
All Regional Administrators are authorized to issue, with the concurrence of t..e NMSS Director, notices of the denial or the proposed dental of applications for materials licenses and amendments or renewals thereof, pursuant to 10 CFR Part 2, within the parameters delineated in paragraph 3 above.
5.
Actions initiated by the Regional Administrator to suspend, modify, or revoke licenses must have the concurrence of the NMSS Director.
6.
All Regional Administrators are 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 perfom.
7.
Actions pertaining to the disposal of nuclear material by burial or unprecedented method 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
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authorization is made to the Regions.
9.
Disagreements which arise between NMSS and Regional staffs on whether or not an issue constitutes an item which remains the responsibility of NMSS, or on the way in which a 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.
Regional !.dministrators 3
- 10. Disagreements between potential or existing licensees relative to decisions made by the Regional Administrators 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 co'py'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 guidance and standard review plans issued by the NMSS Director.
- 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 Assistant General Counsel for Enforcement, Office of the General Counsel. All documents submitted under this paragraph will be marked with Delegation of Assignment number
[
3 DISTRIBUTION:
~ Victor Stello, Jr.
~
NM55 R/F FC Central File Executive Director FC File for Operations GDeegan WJ0lmstead BPineles PGNorry VMiller RECunningham DBMausshardt John G. Davis, Director JGDavis Office of Nuclear Material vStello Safety and Safeguards EHeumann i
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NAME:GDeegan:jp: J, ead:PGNorry :VMillerl :RECunningham:DBMausshardt:
DATE:09////86 :09/lb/86
- 09/ /86:09/[}/86: 09/ /86
- 09/ /86 OFC: NM55
- EDO NAME:JGDavis
- VStello DATE:09/ /86 ::09/ /86 OFFICIAL RECORD COPY 3
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DELEGATION OF AUTHORITY FOR ED0 PUBLICATION APPROVAL-Approved for Publication The Commission delegated to the ED0 [10 CFR 1.40(c)[and (d)] the authority to5U.S.C develop and promulgate rules as defined in the APA the limitations in NRC Manual Chapter 0.103, Organization and Functions, Office of the Executive Director for Operations, paragraphs 0213, 038, and 0310. The enclosed final rule entitled, " Regional Nuclear Materials Licensing for 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 does it amend regulations contained in 10 CFR Parts 7, 8, 9 Subpart C, concerning matters of policy.
I, therefore, find that this final rule is ithin the scope of my rulemaking authority and am proceeding to issue it.
Date Victor Srello, Jr.
Executive Director for Operations
PRELIMINARY OFFICE ANALYSIS FINAL RULE - REGIONAL NUCLEAR MATERIALS LICENSING FOR THE UNITED STATES AIR FORCE ISSUE / PROBLEM In 1985, NRC announced its intention to transfer licensing authority for the U.S. Air Force nuclear materials licenses to the appropriate Region, once those licenses were consolidated into one " master" license. The announcement was made in the Federal Register (50 FR 14692), the Daily Staff Notes, and in congressional letters. Those U.S. Air Force licenses are now consolidated.
NECESSITY FOR RULEMAKING J
To implement the announced policy decision described above in furtherance of NRC decentralization of licensing authority.
ALTERNATIVES No justifiable alternative. Other Federal licensees are now under Regional authority.
SOLUTION Amend 10 CFR 30, 40, and 70 to eliminate current wording which excludes the U.S. Air Force license from the decentralization program.
COSTS AND BENEFITS Only one nuclear materials licensee is affected. The U.S. Air Force would be provided a closer NRC point of contact. Minor economic and administrative savings for both the Air. Force and the NRC should result from the action.
SCHEDULE Unless otherwise directed by the Commission, the E00 has the authority to sign the rule and forward it to the Office of the Federal Register. The rule could become effective by October 1, 1986, and would require less than one-tenth of a staff year of effort.
i -
o, i
d DAILY STAFF NOTES
" DIVISION OF FUEL CYCLE AND MATERIAL SAFETY OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS Final Rule to be Signed by EDO 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 the appropriate Regional office (i.e., Region IV). Nearly all other Federal licenses were transferred to the appropriate Regions in 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. 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 EDO has signed the final rule and proposes to forward it on
,1986 to the Office of the Federal Register for publication, unless otherwise directed by the Commission.
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[7590-01]
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.
SUMMARY
- The NRC is amending its regulations concerning the domestic licensing of source, byproduct, and special nuclear material (collectively referred to 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.
EFFECTIVE DATE:
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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2 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 regulations to include the United Sta'tes Air Force license in its decentralization program.
The NRC recently consolidated approximately seventy individual United States Air Force licenses into one " master" license with many individual permits. During the consolidation and for a short time after it, Headquarters retained the regulatory authority for the Air Force licensing effort to maintain continuity.
NRC Headquarters is now prepared to transfer this authority to the appropriate Regional office, consistent with a similar delegation which affected nearly all other Federal licenses 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 the U.S. Air Force license into the NRC Regional materials licensing program.
1 The only Federal licensee not included in the decentralization program 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 delegated to the appropriate Region.
Delegations of authority to the Regional Administrator are contained in NRC Manual Chapter 0128. The changes to 55 30.6, 40.5, and 70.5 are nonsubstantive amendments. The revised sections indicate the type of licensing authority delegated to the Regional Administrator.
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l Because these are amendments dealing with agency practice, 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 4
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.
i 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
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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
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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 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.
4 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. 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 OF BYPRODUCT MATERIAL 1.
The authority citation for Part 30 is revised to read as follows:
AUTHORITY: Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948, 953, 954, 955, as amended, sec. 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, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
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 Stat. 954, as amended
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(42 U.S.C. 2234). Section 30.61 also issued ~under'sec. 187, 68. Stat. 955 (42 U.S.C.2237).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); il 30.3, 30.34(b) and (c), 30.41(a) and (c), and 30.53 are issued under sec.161b, 68 Stat. 948, as amended [42 U.S.C. 2201(b)]; and il 30.6, 30.36, 30.51, 30.52, 30.55, and 30.56(b) and (c) are issued under sec. 1610, 68 Stat. 950, as amended
[42U.S.C.2201(o)].
2.
In 6 30.6, paragraphs (b)(2) (1), (ii), (iii), (iv), and (v) are amended by j
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:
l
5 930.6 Communications.
(b) The Connission 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) 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 academic, medico, and industrial uses, with the following exceptions:
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(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
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quantities when the case is referred for action from NRC's Headquarters to the Regional Administrators.
l (ii)
Mealth 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.
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1 (v)
New uses or techniques for use of. byproduct, source, or special nuclear material.
PART 40 - DOMESTIC LICENSING OF SOURCE MATERIAL 3.
The authority citation for Part 40 is revised to read as follows:
AUTHORITY: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs. 11e(2), 83, 84, Pub. L.95-604, 92 Stat. 3033, as amended, 3039, sec. 234, 83 Stat. 444, as amended
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[42U.S.C.2014(e)(2),2092,2093,2094,2095,2111,2113,2114,2201,2232, 1
2236, 2282]; sec. 274, Pub. L.86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as amended, 202, 206, 8L Stat. 1242, as amended, 1244,1246(42U.S.C.
5841, 5842, 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L.97-415, 96 Stat. 2067 (42 U.S.C. 2022).
Section 40.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951
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(42 U.S.C. 5851). Section 40.31(g) also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152). Section 40.46 also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 40.71 also issued under sec. 187, 68 Stat.
955 (42 U.S.C. 2237).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); il 40.3, 40.25(d)(1)-(3), 40.35(a)-(d), 40.41(b) and (c), 40.46, 40.51(a) and (c), and 40.63 are issued under sec. 161b, 68 Stat. 948, as amended [42 U.S.C. 2201(b)];
and16640.6,40.25(c),(d)(3),and(4),40.26(c)(2),40.35(e),40.42,40.61, 40.62, 40.64, and 40.65 are issued under sec. 1610, 68 Stat. 950, as amended
[42U.S.C.2201(o)].
4.
In i 40.5, 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...." tc 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:
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eimum e
e mme Q 40.5 Connunications.
(b) The.Coquission 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 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:
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(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,
- .iobium,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.
l PART 70 - DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL l
S.
The authority citation for Part 70 is revised to read as follows:
AUTHORITY: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2201, 2232, 2282); secs. 201, as amended, 202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846).
Section 70.7 also issued under-Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851).
Section 70.21(g) also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152).
Section 70.31 also issued under sec. 57d, Pub. L.93-377, 88 Stat. 475 (42 U.S.C. 2077). Sections 70.36 and 70.44 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 70.61 also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 2237). Section 70.62 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).
For the purposes cf sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); ll 70.3, l
70.19(c),70.21(c),70.22(a),(b),(d)-(k),70.24(a)and(b),70.32(a)(3),(5),
(6), (d), and (1), 70.36, 70.39(b) and (c), 70.41(a), 70.42(a) and (c), 70.56, 70.57(b), (c), and (d), 70.58(a)-(g)(3), and (h)-(j) are issued under sec.161b, l
68 Stat. 948, as amended [42 U.S.C. 2201(b)]; 66 70.7, 70.20a(a) and (d),
70.20b(c)and(e),70.21(c),70.24(b),70.32(a)(6),(c),(d),(e),and(g),
70.36, 70.51(c)-(g), 70.56, 70.57(b) and (d), and 70.58 (a)-(g)(3) and (h)-(j) are issued under sec. 1611, 68 Stat. 949, as amended [42 U.S.C. 2201(1)]; and ll 70.6, 70.20b(d) and (e), 70.38,70.51(b)and(i),70.52,70.53,70.54,70.55, 70.58(g)(4), (k), and (1), 70.59, and 70.60(b) and (c) are issued under sec.
l 1610, 68 Stat. 950, as amended [42 U.S.C. 2201(o)].
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In i 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 introdu.ctory, text of paragraph (b) and paragraph (b)(1) are revised to read as follows:
l 670.5 Comunications.
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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 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 academic, medical, and industrial uses, with the following exceptions:
l l
l (i)
Activ.ities in the fuel cycle and special nuclear material in l
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 niaterial licenses that authorize possession of larger quantitie.s 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.
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10 (iii) Processing of source material for' extracting of metallic compounds (including Zirconium, Hafnium, Tantalum, Titanium, Niobium,etc.).
(ivf Distribution of products containing radioactive material to persons exempt pursuant 10 CFR 32.11 through 32.26.
l l
(v)
New uses or techniques for use of byproduct, source, or special l
nuclear material.
l Dated at Bethesda, MD, this day of 1986.
FOR THE NUCLEAR REGULATORY COMMISSION Victor Stello, Jr.
Executive Director for Operations l
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MEMORANDUM'FOR:
Donnie H. Grimsley, 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 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.
l Richard E. Cunningham, Director i
Division of Fuel Cycle and l
Material Safety
Enclosure:
As stated DISTRIBUTION:
NMSS R/F J
FC Central File FC File GDeegan VMiller RECunningham EHeumann OFC:
FC
- FC FC NAME:GJDeegan:jp :VLMiMe :RECunningham:
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0FFICIAL RECORD COPY
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