ML20217E090

Informs That Encl Copy of FRN Announcing Termination of Pr for Title 10CFR33, Specific Domestic Licenses of Board for Byproduct Matl, Has Been Sent to Ofc of Fr for Publication

ML20217E090
Person / Time
Issue date:	03/24/1998
From:	Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To:	Inhofe J SENATE
References
NUDOCS 9803300377
Download: ML20217E090 (1)

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March 24, 1998 The Honorable James M. Inhofe, Chairman Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510

Dear Mr. Chairman:

The U.S. Nuclear Regulatory Commission has sent to the Office of the Federal Register, for publication, the enclosed copy of a Federal Register notice, announcing the termination of proposed rulemaking for Title 10, U.S. Code of Federal Regulations, Part 33, " Specific Domestic Licenses of Broad Scope for Byproduct Material." NRC has decided to terminate the proposed rulemaking because of overwhelmingly negative comments to the Advance Notice of Proposed Rulemaking.

Sincerely, Original signed by DKRathbun Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Federal Register Notice cc: Senator Bob Graham Distribution:

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NUCLEAR REGULATORY COMMISSION 10 CFR PART 33 RIN 3150-AF54 SPECIFIC DOMESTIC LICENSES OF BROAD SCOPE FOR BYPRODUCT MATERIAL AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Advance Notice of Proposed Rulemaking: Withdrawal.

SUMMARY

The U.S. Nuclear Regulatory Commission is withdrawing an Advance Notice of Proposed Rulemaking (ANPR) that discussed possible changes to the regulations goveming specific domestic licenses of broad scope for byproduct material. Additionally, NRC is announcing plans to finalize draft guidance currently contained in Draft Regulatory Guide DG-0005, " Applications for Licenses of Broad Scope, Revision 2," as a NUREG.

FOR FURTHER INFORMATION, CONTACT: Torre Taylor, U.S. Nuclear Regulatory Commission, Office of Nuclear Material Safety and Safeguards, MS T8FS, Washington, DC 20555, Telephone (301) 415-7900.

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' SUPPLEMENTARY INFORMATION: On November 14,1996 (61 FR 58346), the Commission l

published an ANPR for 10 CFR Part 33, " Specific Domestic Licenses of Broad Scope for Byproduct Material." In the ANPR, the Commission explained that it is considering amending these regulations to clarify the regulatory and health and safety basis of current licensing practices and to provide licensees with the flexibility to make certain types of changes to their radiation safety programs.

The comment period expired February 12,1997. The Commission received 22 comments on the ANPR. The commenters were composed of broad scope academic and medical facilities; professional associations; private citizens; an Agreement State program; a Federal govemment agency; and private industry. The majority of commenters responded negatively to the ANPR. After reviewing the comments, NRC has decided to withdraw the ANPR.

NRC is announcing plans to finalize draft guidance currently contained in Draft Regulatory Guide DG-0005, " Applications for Licenses of Broad Scope, Revision 2," as a NUREG. This NUREG wili update existing draft guidance and will be published for public comment. A notice of availability of the NUREG will be published in the Federal Register. This effort is part of an ongoing project to update and consolidate existing guidance. As part of this project, the NRC staff plans to evaluate the licensing process and license conditions for ways to provide greater flexibility for broad scope licensees to modify their program without seeking a license amendment wi'.hin the constraints of the existing regulations in 1C CFR Part 33. All l

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3 comments received in response to the ANPR will be considered in the development of this NUREG.

Dated at Rockville, Maryland, this k day of March,1998.

For the Nuclear Regulatory Commission.

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Johng. Hoyle, Secretary of the Commission.