ML20217G099

Requests Determination on Proposed Rule for 10CFR2,40,70 & 76 as to Whether Final Action Major Rule or Not

ML20217G099
Person / Time
Issue date:	01/13/1997
From:	Lesar M NRC OFFICE OF ADMINISTRATION (ADM)
To:	Michlovich E PRESIDENT OF U.S. & EXECUTIVE OFFICES
Shared Package
ML20008B475	List: ML20211J985 ML20211J992 ML20211K011 ML20211K024 ML20211K038 ML20211K050 ML20211K055 ML20211K135 ML20211K161 ML20211K167 ML20211K177 ML20211K181 ML20211K185 ML20211K191 ML20211K198 ML20211K219 ML20211K238 ML20211K257 ML20211K290 ML20211K317 ML20211K348 ML20211K362 ML20211K391 ML20211K402 ML20217G099 ML20217G118 ML20217G145 ML20217G168
References
FRN-62FR6664, FRN-72FR6664, RULE-PR-2, RULE-PR-40, RULE-PR-70, RULE-PR-76 AF56-2-035, AF56-2-35, NUDOCS 9710090210
Download: ML20217G099 (14)

Text

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January 13, 1997 y 1

. Mr. EdwardiMichlovich

! office of information and mogulatary Affairs ff 7

offie6 of Management and et

{ Eracutive ()ffion of the Pres dent Washington, D.o. 30503

Dear Mr,

Mtehlavisha

Under the <!ongressional review previsions of the small Business

R;gulatory unfotimaant Fairnese Act (#the "Act")

St 801-408) , your offios determines whether final (5ag.mey U.S.C.actions

are " major rules" for purposes of the Act. Enclosed you will find a brief description of a final action that the Nuclear negulatory Commission intende to issue in the next 1ew days.

i Tnis action has not yet seen submitted fer your rei'iew. se j~ believe th6t this action is met a manjee rule" unde the Act, 4 If you agrele that this action is not a ' major sulo,8 please indicate your cone".rrence on this letter, and fax the lottar to se at 301-415-5144. ,

please faal free If toyou callhavo any me at questions about 301-415-71e3. We would this action,iate apprec your preept response to our toquest on this action.

i Sinoartly.

f A[

f Miobool T. Lesar, chief ,

Rules Review Section Rules Review and Directives Braneh office of Administration l in.1o.uei .

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,g 6672 Federal Reg! ster / Vol, 02, No. 29 / Wednesday, February 12, 1997 / Proposed Rules NUCLEAR REGULATORY 40,70, and 76 into conformance with documents on the rulemaking are also COfAMISSION the USEC Privatir.ation Act. available, as practical, for downloading DATES: Comments on the proposed rule and viewing on the Bulletin Board.

10 CFR Parts 2,40,70, and 76 mest be received on or before March 14, If using a personal computer and

• 1997, modem, the NRC rulcmaking subsystem ADDRESSES: Mail written comments to: on FedWorld can be accessed dirdtly The Secretary, U S. Nuclear Regulatory by dialing the toil free number (8001 USEC Privatization Act: Certification 303-9672. Communication software and Licensing of Urar: lum Enrichment Commission, Wa.hington, DC 20555-0001 A'ITN: Docketing and Service Parameters should be set as fo!;ows:

Facilities Parity to none, data bits to a, and stop Branch.

AGENCv: Nuclear Regulatory lland deliver coniments to: 11555 bits to 1 (N,8,1). Using ANSI or VT-100 Comnassion. Rockville Pike, Rockvillo, MD, between terminal emulation, the NRC 7:30 a.m. anu .a:u pmitva hderal rulemaking subsystem can then be ACTION: Proposed rule.

workdays, accessed by selecting the " Rules Menu"

$UMMARY:The Nuclear Regulatory. For information on submitting option from the "NRC Main Menu."

Commission (NRC)is proposing to comments electronically, see the Users will find the "FedWorld Online cmend its regulatinns concerning the discussion under Electric' Assess in the User's Guides" particularly helpful.

certification and licensing of uranium Supplementary Information Section. Many NRC subsystems and data bases enrichment facilities to conform to Copies of comments received may be also have a " Help /information Center" changes made to the Atomic Energy Act examined or copied for a fee, at the NRC option that is tailored to the particular of 1954, as amended (the Act), by the Public Document Room 2120 L Street ' subsystem.

USEC Privatir.ation Act legislation, NW, (Lower Level), Washington, DC. The NRC subsystem on FedWorld can Although the principal effect of this FOR FURTHER INFORMATION CONTACT: Mr. also be accessed by a direct dial phone 5 legislation is to direct the Board of - C.W. Nilsen, Office of Nuclear number for the main FedWorld BBS,

Directors of the United States Regulatory Research, U,S. f,oclear (703) 321-3339, or by using Telnet via i Enrichment Corporation (USEC) to sell Regulatory Commission, Washington, Intemet

fedworld. gov. If using (703) 321-3339 to contact FedWorld, the NRC

, the assets of the USEC to a private sector DC 20555-0001, telephone (301) 415-entity, this legislation also amended the 6209. Subsystem will be accessed from the Act with respect to NRC certification of SUFVMENTARY INFORM ATION: For inain FedWorld menu by selecting the gaseous diffusion plants leased by USEC additional information see the direct " Regulatory, Government and the licensing of atomic vapor laser Administration and State Systems,"

final rule published in this issue of the isotope separation (AVLIS) technology. Federal Register' then selecting " Regulatory information USEC is responsible for the ope ation of Mall." At that point, a menu will be 1 the two gaseous diffusion plants and the Procedural Background displayed that has an option "U.S.

development of the AVLIS technology, The NRC considers this action Nuclear Regulatory Commission" that The legislation requires that AVLIS noncontroverslal and routine because it will take you to the NRC Online main uranium enricament facilities be implements specific statutory menu.The NRC Online area also can be licensed subject to the provisions of the requirements (Public Law 104-134), accessed directly by typing "/go nrc" at a FedWorld command line. If you access

! Act pertaining 'o source material and Therefore, we are publishing this d

special nuclear material rather than proposed rule concurrently as a direct NRC from FedWorld's main menu, you

, under the provisions pertaining to a final rule in this issue of the Federal may return to FedWorld by selecting the production facility; provides for the Register. The direct final rule will " Return to FedWorld" option from the i issuance of civil penalties to USEC or its become effective on April 14,1997. NRC Online Main Menu. However,if successor for failure to comply with However,if the NRC receives you access NRC at FedWorld by using regulatory requirements governing the significant adverse comments by March NRC's f oll. free number, you will have operation of gaseous diffusion plants; 14,1997, the NRC will withdraw the full access to all NRC systems, but you prohibits issuance of a license / direct final rule and address the will not have access to the main certificate to the Corporation or its significant adverse comments received FedWorld system.

, successor if it is owned, controlled, or in response to the revisions. Any if you contact FedWorld usingTelnet, dominated by an allen, a foreign significant adverse comments will be you will see the NRC area and menus, corporation, or a foreign government, or addressed in a subsequent final rule on including the Rules Menu. Although its issuance would be inimical to the this proposal Absent sig-ificant you will be able to downloan common defense and security of the modifications to the proposed revisioas documents and leave messages, you will United States or to the maintenance of requiring republication, the NRC will 'not be able to write comments or upload a reliable and economical domestic not initiate a second comment period on files (commentst If you contact source of enrichment services: and this action. FedWorld using FTP, all files can be eliminates the annual requirement that accessed and downloaded but uploads Electrom,c Access are not allowed; all you will see is a list the Commission certify that USEC or its successor is in compliance with NRC Comraents may be submitted - of files without descnptions (normal regulations. The Commission may electronically,in either ASCII text or Gopher look). An index file listing all determine how frequentlylSEC or its Wordperfect format (version 5.1 or files within a subdirectory, with successor must submit a recertification later), by calling the NRC Electronic . descriptions, is available. There is a 15-application to the NRC, provided that Bulletin Board (DBS) on FedWorld. The minute time limit for FTP access.

the NRC recertify USEC's or its Bulletin Board may be accessed using a Although FedWorld also can be mccessor's compliance with its personal computer, a modem, and one accessed through the World Wide Web, regulations not less 'requently than of the commonly available like ITP, that mode only provides every five years. The proposed changes con.munications software packages, or access for downloading files and does to the regulations bring 10 CFR parts 2. directly via Internet. Background not display the NRC Rules Menu.

a

's Fod rcl Regi:ter / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Proposed Rules 6673 For more information on NRC bulletin U.S.C 5871). Section,21OL 2.103,2.104, specifically the particular provision or 2.105,2.721 also issued under secs. 102.103, provisions of the law, rule, regulation, boards call Mr. Arthur Davis, Systems m.105.18L 189. 6a Stat. 936. 937,938, Integration and Development Branch, license, permit l part 76 n 'tificate of NRC, Washington, DC 20555-0001, $$'3 22[ 7 5 05 do- c mpliance or compliance plan, or telephor,e (301) 415-5780; o-mail i, sue:, under Pub. L 97415. 96 Stat. 2073 cease and desist order involved in the AXD3@nrc. gov. (42 U.S C 2239). Sections 2.200-2 206 also allesd violation and must state the issued under secs.161b, I, o.182,186,234, amount of each proposed per.alty. The 1.ist of Subjects 68 Stat. 948-951,955. 83 Stat. 444, as notice of violation shall also advise the to CFR Part 2 amended by Pub. L 104-134,110 Stat.1321, person charged that the civil penalty 1321-349, as amended (42 RS.C 2201 (b). may be paid in the a,nount specified Administrative ractic.e and '2 6,22 ec 8 " i on of procedure, Antitrust, Hyproduct [5g o), e n 60b N gf*1 en' th pmpos in ,

material, Classified information, issued under sec.102, Pub. L 91 190,83 *ntirety or in part, by a written answer, Environmental protection, Nuclear Stat. 853, as amended (42 U.S.C 4332). either denying the violation or showing materiais,hticaear power plants and Sections 2.70lb,2.719 also issued under 5 U.S.C 554. Sections 2.754,2.760.2.770, extenuating circumstances. The notice reactors, Penalties. Sex discriminution, 2.780 also issued under 5 U.S.C 557. Section of violation shall advise the person L Source material, Special nuclear 2.764 med Table 1 A ol Appendix C also charged that upon failure to pay a civil material, Waste treatment and disposal. issued under secs. 135,141 Pub. L 97-42a, penalty subse

• 96 Stat. 2232,2241 (42 U.S C 10155,10161). Commission, quently if any, unlessdetermined by the

'10 CFR Part 40 Secti n 2.790 also issued under sec.103,68 compromised, remitted, or mitigated, be Government contracts,llazardous Stat. 936, as amended (42 U.S.C 2133) and collected by civil action, pursuant to materials tra'nsPortatic... Nuclear 5 U.S.C 552. Sections 2.800 and 2.808 also section 234c of the Act' materials, Reporting and recordkeepin8 issued under 5 U.S.C 553. Section 2.809 also requirements. Source material, issued under 5 U.S.C 553 and sec. 29, Pub.

L 85-256,71 Stat. 579. as amended (42 (d)If the person charged with Uranium. violation files an answer to the notice of U.S.C 2039). Subpart K also issued under 10 UR Part 70 sec.189. 68 Stat. 955 (42 U.S.C 2239h sec.

violation, the Executive Director for Hazardous materials transportation, 134. Pub. L 97-425,96 Stat. 2230 (42 U.S.C.' Operations or the Executive Director's Material control and accounting. 10154). Subpart L also issued under sec.129. designee, upon consideration of the 68 Stat. 955 (42 U.S.C 2239), Appendix A answer, will issue an nede. dismissing huclear materials, Packaging and also issued under sec. 6. Pub. L 91-560,84 containers, Radiation protection, the proceeding or imposing, mitigating, P ndix B l r reinitting the civil penalty. The Reporting and recordkeeping (*M473 nd (rs 8(5 1 \ ^9 ,9 99 qt requirements, Scaentific equipment, person charged may, within Iweray (20) 1842 62 U.S.C 202 tb et seg 1 Secunty measures, Special nuclear days of the date of the order or other

2. In $ 2.200, paragraph (a) is revised time specified in the order, regt'est a material.

to read as follows: hearin8' to CFR Part 76 S 2.200 Scope of autpart.

Certification, Criminal penalties, (g) The Executive Director for (a)This subpart prescribes the Radiation protection, Reporting and Operations or the Executive Director's procedures in cases initiated by the designee, as appropriate, may recordkeeping requirements Secunty star, or upon a request by an person' measures, Special nuclear materml, compromise any civil penalty, subject to o

Uranium ennchment by gaseous to modi imfy,so requirements by ader,theorprovisions tsuspend, of 5 or 2.203.

(h)If the civil penalty is not revoke a license, or diffusion.

For the reasons set forth in the to do wher action as may be bmper, C mPromised, or is not remitted by the against any person subject to ( e Executive D !rector for Operations or the preamble and under the authority of the Atomic Energy Act of 1954, as amended. turisdiction of thetoCommission, Executive Director s designee, as liowever, with reCard the holder of a appmpriate, the residing officer, or the

-- the Energy Reorganization Act of 1974' part 70 certificate of compliance or Commission, an H payment is not as arnended: and 5 U.S.C. 552 and 553: compliance plan, except for civil made within ten (10) days following the Commission is adopting the penalty procedures in this subpart, the following amendments to 10 CFR parts either the service of the order described applicable procedures are set forth in In psragraph (c) or (f) of this section, or 2,40,70, and 76. S 76.70 of this chapter.

the expiration of the time for requesting PART 2-RULES OF PRACTICE FOR a hearing described in paragraph (d) of

3. In S 2.205, paragraphs (a),(d),(g) this section, the Executive Director for DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS and (h) are revised to read as follows: Operations or the Executive Director's

$ 2.205 civil penalties. designee, as appropriate, may refer tha

1. The authority citation for part 2 is matter to the Attorney General for revised to read as follows: (a) Before instituting any proceeding to impose a civil penalty under section collectiori.

Authority: Sect 161,181,68 Stat. 948, * * * *

• 953, as amended (42 U.S.C 2201,2231h sec. 234 of the Act, the Executivo Director 191, as amended. Pub L 87-615,76 Stat. 409 for Operations or *e Executive PART 40-DOMESTIC LICENSING OF (42 U.S.C 2241h sec. 201. 88 Stat.1242, as Director's designee, as appropriate, shall serve a written notice of violation upon SOURCE MATERIAL amended 82 U S C 584th 5 U.S C 552.

Section 2.101 also issued under secs. 53, the person charged. This notice may be 4. The authority citation for Part 40 is

62. 63,81,103.104,105,68 Stat. 930. 932' included in a notice issued pursuant to revised to read as follows:

933,935,936. 937,938. as amendad (42 U.S C 2073,2092. 2093. 2111,2133. 2134. S 2.201 or %. 76.70(d) of this chapter.The Authority: Secs. 62.63,64.65.81.161.

2135h sec.114(f). Pub. L ts7-425,96 Stat.

notice of vto!ation shall spedfy the date 18L 181 m u sut. qn 933. 935.948.

or dates, facts, and the nature of the 953. 954. 955, as amended, secs.11ei21,8L 2211. as amended (42 U.S C 10134(f1 sec. 84. Pub. L 9%eo4,92 Stat. 30n as 102, Pub. L 91-190. 83 Stat. 853, as amended alleged act or omission with which the person is charged, and shall identify amanded. 3019. sn. 234. al Stat 444, as (42 U.S.C 4332h sec. 301.88 Stat.1248 (42

T 6674 rederd Reghter / Vol. 02, No. 29 / Wednesday, Februaty 12, 1997 / Proposed Rules amended (42 U,S C 2014(e)(2),2092,2093. Sections 701 and 70.20a(b) also issued Stat. 2932, 2951, 2952, 2953,110 Stat.1321-2094,2095,2111,2113,2114,2201,2232. under secs. 135.141 Pub. L 97-425,96 Stat, - 349.{42 U.S C 2201,2297t>-11,2297f); seca.

2233,2236,2282); sec. 274, Pub L 86-373, 2232. 2241 (42 U.S C 10155,10161) Section 201, as amendml, 204,206,88 Stat.1244, 73 Stat. 688 (42 U.S.C 2021h seca. 201, as 70.7 also issued under Pub. L 9:1-601, sec. 1245.1246 (42 U.S C 5841,5842,5845, amended. 202,206,88 Stat.1242, as 10,92 Stat. 2951 (42 U.S C 5851) Section 5846). sec. 234(a) 83 Stat. 444. as amended amended, 1244,1246 (42 U.S C 5841,5842, 70.21(g) also issued under sec.122. 68 Stat. by Pub. L. 104-134, l' 3 Stat. t 321,1321-349 5846); sec. 275,92 Stat. 3021, as amended by 939 (42 U.S C 2152). Section 70 31 also (42 U.S C 2243(a)).

Pub. L 97-415,96 Stat. 2067 (4 2 U.S C lisued under sec. 57d, PA L 93-377,88 Sec. 76.7 also issued under Pub. L 95-601, 2022) sec.193.104 Stat. 2835, as amended

, Stat. 475 (42 U.S.C 2077s Sections 70.36 and sec.10. 92 Stat. 2951 (42 U.S C 5851). Sec.

by Pub. L 104-134,110 Stat.1321,1321-249 70 44 also issued under sec.184,68 Stat. 954, 76.22 is also issued under sec.193(fl. as (42 U.S C 2243). as amended (42 U.S C 2234). Section 70.61 amended, $04 Stat. 2835, as amended by Pub.

Section 40.7 also issued under Pub. L 95- also issued under secs.186,187,68 Stat. 955 L 104-134,110 Stat.1321,1321-349 (42 601, sec.10,92 Stat. 2951 (42 U.S C 5851). (42 U.S.C 2236,2237). Section 70.62 also U.S.C 2243(f)). Sec. 76.35(i) also issued Section 40.311g) also issued under sec.122, issued under sec.108,68 Stat. 939, as under sec.122,68 Stat. 939 (42 U.S C 2152).

amended (42 U.S C 2138).

.68 Stat. 939 (42 U.S.C 2152). Section 40.46 .- ~ 12. In $ 76.4, the term " Corporation"

8. In S 70.1, a new par. graph (e) is is revised to read as follows and the e ed 4[U$b234). 1 4 7'1 Iso added to read as follows: term " Uranium enrichment plant" is issued under sec.187,68 Stat. 955 (42 U.S C NSO 2237). 5 70.1 Purpose.

5. In $ 40.4, the term " Corporation" is $ 76.4 Definitions.

trMed in alphabetical order to read as (e) As provided in the Atomic EnerRY * * * *

• follows: Act of 1954, as amended, the regulations Corporation means the United States n Pa Wa s Mu me . Enrichment Corporation (USEC), or its

$ 40.4 Definluona. procedures, and criteria for the issuance successor, a Corporation that is of licenses to uranium enrichment authorized by statute to lease the Corporation means the United States facilities. gaseous diffusion enrichment plants in Enrichment Corporation (USEC), or its 9. In S 70.4, the term " Corporation" is Paducah, Kentucky, and Piketon, Ohio, successor, a Corporation that is added in alphabetical order to read as from the Department of Energy, or any authorized by statute to lease the follows: person authorized to operate one or both gaseous diffusion enrichment plants in ohhe gaseous diffusion plants, or other 5 70.4 ' Definitions, Paducah, Kentucky, and Piketon, Ohio, * *

• from the Department of Energy, or any rivatization of USEC that is approved permn authorized to operate one or both Corporation means the United States (Y the Pms'tdent, of the gaseous diffusion plants, or other Enrichment Corporation (USEC), or its , , , , ,

facilities, pursuant to a plan for the successor, a Lorporation that is

13. In 6 76.10, paragraph (b) is revised privatization of USEC that is approved authorized by ststute to lease the gaseous diffusion enrichment plants in ' '"ad as fc!!ows:

by the President.

. . . . . Paducah, Kentucky, and Piketon. Ghio, 576.10 ceuberatemisconduct.

fr m the Department of Energy, or any . . . . .

6. A new $ 40.38 is added to road as follows: . Person authorized to operate one or both (b) A person who violates paragraph of the gaseous diffusion plants, or other (a)(1) or (a)(2) of this section may be

$ 40.38 Ineligibtuty of certain applicants. facilities, pursuant to a plan for the subject to enforcement action in A license may not be issued to the Privatization of USEC that is approved accordance with the procedures in 10 Corporation if the Commission by the President. CFR part 2, subpart B.

determines that: . . . . .

(a) The Corporation is owned, 10. A new S 70.40 is added to read as 14. In 5 76.21, paragraph (b) is revised controlled, or dominated by an alien, a follows: to read as follows:

foreign corporation, or a foreign g 70.40 Inaugtbility of certain appucants.

government; or 576.21 certir cate required.

A license may not be issued to the . . . . .

(b) The issuance of such a license Corporationif the Commission would be inimical to-- (b) For the purposes of $$ 30,41, (1)The common defense and security determines that: 40.51, and 70.42 of this chapter, the e orp a " d, of the United States;or a o"led 1 y an al en, a Corporation shall be authorized to

, n (2)The maintenance of a reliable and receive, and licensees shall be fWgn corPordion, or a forei8n authorized to transfer to the economical domestic source of enrichment services. E" Corporation, byproduct material, sourco (b) $ "s uance of such a license matenal, or specia nuclear matenal to ,

PART 70-DOMESTIC LICENSING OF would be inimical to-- ,

(1) The common defense and security the extent normet un er t e SPECIAL NUCLEAR MATERIAL of the United States; or certificate m compliance issued, and/or (2) The maintenance of a retiable and the compliance pn approved, pursuant

7. Th, ,uthority citation for part 70 is to this part.

revised to read as follows: economical domestic scurce of 15 new 5 76.22 is au,ded io read.as Authority: Secs. 51,53,161. t 82,183.68 enrichment services.

Stat. 929. 030. 941. 053. 954,as amended.

sec. 234,83 Stan 444. as amended (42 U.S.C PART 76-CERTIFICATIO!i OF 1 76.22 inengibuity of certain applicants.

2071,2073, 2201,2232,2233. 2282. 2297fh GASEOUS DIFFL.SlON PLAWTS nded,202 2 2 8 Stat.

sgsg201 ,, a an n R The authority citation for pet 76 he s ue i t te p to if U.S C 5841,5842, ' 345. 5846). sec.193.104 is revised to read as follows' Commission determines that:

Stat. 2835 as amended by Pub. L 104-134. Authority:S ms 161,6a Stat 948.as (a) The Corporation is owned.

110 Stat.132L 1329349 (42 U S C 224n amended. secs 1312. t701, aumended, t06 (ouralh d. or dominated by an alien. a I

ii - Federal Register / Vol. 67 No. 29 / Wednesday, February 12, 1997 / Proposed Rules fig 75 foreign corporation, or a foreign 18. In h 76.30 the section heading and 23. In $ 76.66, paragraph (c) is revised governmem; or paragraph (a) are revised to read as to read as follows:

(b) The issuance of such a certificate fnllows:

of compliance would be inimical to- $ 76.66 Espiration and terminaUon of certmcates, (1) The common defense and security 9 76.36 Renewals.

of the United States:or (a) Afler issuance by the Commission

. (2) The maintenaace of a reliable and of the initial certificate of compliance i (c)If the Cort oration does not submit economical domestic source of an6 or an approved compliance plan, a renewal application under S 76.36, the enrichment services. the Corporation shall file periodic Corporation shall, on or before the i

16. Section 76.31 is revised to read as applications for renewal, as required by expiration date specified in the existing follows: 5 76.3L certificate, terminate operation of the

$ 76.31 Periodic applicaUon requirement. 8

-- The Corporation shall periodically b dMdu 24 76 paragra h (b)is revised to read as follows:

apply to the Commission for a certificat( follows:

nf compliance,in accordance with 5 7s.43 cate for decision. 5 76.68 Plant changes.

S 76.30, on or before April 15 of the year The Director will render a decision on specified in an existing certificate of an application within 6 months of the (b) To ensure that the approved rampliance as determined by the receipt of the application unless the application remains currei.t with Commission, but not less frequently Director alters the date for decision and respect to the actual site description and than every 5 years. . publishes notice of the new date in the that the plant's programs, plans.

17. In 6 76.35, paragraph (n) is revised Federal Register. policies, and operations are in place, the to read as follows: 20. In S 76.45, paragraph (a) is revised Corporation shall submit revised pages

$ 76.35 Contents ofinitialapplication. to read as follows: Io the approved application and safety

. . . . . analysis report, marked and dated to 976.45 Appucation for amendment of indicate each change. The Corporation (n) A description of the funding certmcate, rogram to be established to ensure that shall evaluate any as.found conditions (a) Contents ofomendment unds will be set aside and available for opplication. that do not agree with the plant's In addition to the programs, nlaus, policies, at d those aspects of the ultimate disposal of application for certification submitted- operations'in accordance with waste and depleted uranium, pursuant to $ 76.31, the Corporatio" paragraph (a) of this section. These decontamination and decomm,issianind. may at any time apply for amendment revisions must be submitted before relating to the gaseous dhfusion plants leased to the, Corporation by the of the cartificate to cover proposed new April 15 of each calendar year,or at a or modified activities.The amendment shorter interval ne may be rnecified in Department of Energy, which are the application should contain sufficient financial responsibility of the the certificate. If a renewal application information for the Director to make for a certificate is filed in accordance Cor ration. The Corporation shall findings of compliance or acceptability esta lish financial surety arrangements with S 76.36 of this part, the revisions for the proposed activities as required shall be incorporated into the to ensure that sufficient funds will be for the original certificate.

available for the ultimate disposal of . APP li cation;

" Pl "

$*f*ntami atioan 1 e 21. Section 76.55 is revised to read as 25. In 5 76.72, paragraph (d) is revised mis ioning 0 *S to read as follows:

activities which are the financial responsibility of the Corporation. The $ 76.55 Timely renewei- $ 76.72 uiscelianeous procedural matters.

funding mechanisin, such as in any case in which the Corporation . . . . .

prepayment, surety, insurance, or has ti nely filed a sufficient application external sinking fund, must ensure (d) The procedures set forth in 10 CFR for a certificate of compliance, the subpart G, availability of funds for any activit.ies 2.205,and in 10 existing certificate of compliance or in CFR part 2'n with NRC.

wd. l be applied connectio which are required to be completed both approved compliance plan does not before or after the return of the gaseous ire until the a lication for a action *

""[t to impose a civi p]ena diffusion facilities to the Department of ce exktficate of comkiance has been ,o Energy in accordance with the lease y 4.asa e finally detennined by.the NRC. For Section 206 of the Energy between the Department an the purposes of this rule, a sufficient Reorganization Act of 1974 and the Corporation. The funding program must application is one that addresses all implementing regulations in 10 CFR contam a basis for cost esumates used elements of 6 76.36-to establish funding levels and must part 21 (Reporting of Defects and

22. In 5 76.60, paragraphs (c)(1) and Noncompliance) as authorized by contam means of adjusting cet (d)(1) are removed and reserved and estimates and associated funding levels Section 13t2(e) of the Atomic Energy paragraph (i)is revised to read as Act of 1954, as amended; over the duration of the lease. The follows: * * , , ,

funding prograr.2 need not address funding for those aspccts of 5 76.6o Regulatory requirements which 26, in S 7t. 76, paragraph (a)(2) is decontamination and decommissioning apply. revised to read as follows:

of the gaseous diffusion plants assigned

• to the Department of Energy under the (i) The Corporation shall comply with 576.76 Backfitting.

Atomic Energy Act of 1954, as amended. the applicable provisions of to CFR part la) * *

• The Corporation should address the 95. " Security Facility Approval and (2) Except as provided in paragraph adequacy of the fmancing mechanism Safeguarding of National Security (al(4) of this section, the Commission selected in its periodic application for information and Restricted Data." as shall require a systematic and certification. specified in subpart E to this part. documented analysis pursuant to

4 4 6 GG76 Federal Register / Vol, 62 No. 29 / Wednesday, February 12, 1997 / Proposed Rules

. 2ragraph (b) of this section for backfits and information designated by the U.S. (b) The Commission may obtain a

' hich it seeks to impose.

w Department of Energy as Unclassified court order for the payment of a ivil o . . . . Controlled Nuclear information. penalty imposed under Section 234 of

27. Section 76.111 is revised to read 2,8. In $ 76113, paragraph (c) is the Atomic Energy Act of 1954, as as foliows: revised to read as follows: amended, or under Section 312(e) of

$ 76.111 Physical security, material control 3 F un s s egic me de , arid Section 206 ie Energy *

and account ~ng, and pr tection of certain , , , , , Reorganization Act of 1974, as

, information. amended, for viogations og:

Nuclear Regulatory Commission (c) The requirements for the

, regulations that will be used for Protection of Safeguards Information (1) Sections 53,57,62,63,81. 82.101, certification of the Corporation 2 for Pertaining to formula quantity of 103,104,107,109, or 1701 of the strateg,n: s al nuclear materi.nl a.~au E e~ y Act of 1954, as physical security and material control and accounting are contained brtitle 10 (Category ) are contained in S 73.21 of amended; of the Code of Federal Regulations as s ap r Inf ao desig ted by (2) Section 206 c'the Energy described in this subpart. The Reorganization Act:

regulations referenced in this subpart Unclassified Controlled Nuclear Information must be protected at a level (3) Any rule, regulation, or order issued contam requirements for ph sical security and material contro and - equivalent to that accorded Safeguards pursuant to the sections specified in Information. PareSraP h (b)(1)of this section-accounting for formula quantities of * * * *

• strategic special nuclear material (4) Any term, condition, or limitation of (Category I), special nucle,'r material of 29. Section 76.131 is revised to read any certificate of compliance or moderate strategic significa. ce as follows: approved compliance plan issued (Category !!), and special nu : lear $ 76.131 Violations. under the sections specified in material of low strategic sig'/ficance (a) The Commission may obtain an Paragraph (b)(1) of this section.

(Category III), and for protection of injunction or other court order to Dated at Rockville, Maryland, this 6th day Restricted Data National Security prevent a violation of the provisions of: of February,1997 Information, Safeguards Information' (1)The Atomic Energy Act of 1954, as For the Nuclear Regulatory Commission, amended; Iohn C. ItoI le*

• For the pury of this subpart, the tenna (2) Title 11 of the Energy Reorganization a

" licensee"or ncense" used in pans 70. 7? and 74 Act of 1974, as amended. krq @ Commission.

(FR Doc. 97-3466 Filed 2-11-97; 8:45 aml t ce trite $f c ce p to e[ (3) A regulation or order issu d complianew plan pursuant to those Acts, en.UNo Co0E 7s00-41-P

D .

s

. 0564 PFW x Fediral Regist:r / Vol. 62 No. 29 / Wednesday, February 12, 1997 / Rules and ReguWlons NUCLEAR REGULATORY COMMISSION DATEc: The final rule is effective on Discussion April 14,1997 unless significant 10 CFR Parts 2,40,70, and 76 adverse comments are received by A Principal effect of Pub. L 104-134 March 14,1997. If the effective date is n NRC licensing actions is that the RIN 3t50-AF56 delayed, timely notice will be published refemnced AVUS uranium enrichment in the Federal Register. facilities will be hcerned pursuant to i SEC Privatization Act: Certification the pmvisions of the Act pertaining to and Licensing of Uranium Enrichment S: Ms I w.rinen c mments to: source maten,al and special nuclear Fdtin The Secretary, U.S. Nuclear Regulatory matenal rather than the provisions Commission, washington, DC 20555-AGENCY: Nuclear Regulatory 0001. ATTN: Docketing and Service pertaining to a production facility.

Commission. Branch. Under this legislation, AVUS licensing ACTON: Direct final rule. will be a single step licensing process

- '~ Iland deliver comments to: 11555 with one license issued pursuant to 10 SUM" MARY:The Nuclear Regulatory Rockville Pike, Rockville, MD, between CFR parts 40 and 70, rather than a two-Commission (NRC)is amending its 7:30 am and 4:15 pm on Federal step licensing process under 10 CFR regulations corcerning the certification workdays' Part 50. The regulations previously were and licensing of uranium enrichment For information on submitting amended on April 30,1992 (57 FR ficilities to conform to changes made to comments electror,1cally, see the 18388) to conform with the " Solar

• the Atomic Energy Act of 1954, as Wind, Waste, and Geothermal Power emended (the Act), by the USEC discussion under Electmnic Access in

'he Supplementary Information Section. Production incentives Act of 1990,"

Privatization Act legislation. Although (Pub. L 101-575) by providing a single-the principal effect of this legislation is Copies of commems received may be step process for licensing uranium to direct the Board of Directors of the examined or copied for a feeat the NRC enrichment. The April 30,1992 United States Enrichment Corporatfor. Public Document Room,2120 L Street amendments also made 10 CFR part 70 NW (Lower Level) Washington, DC. the basic regulation for licensing a (USEC) to sell the assets of the USEC to a private sector entity, this legislation FOR FURTHER INFORMATION CONTACT: Mr.~ uranium enrichment facility Although also amended the Act with respect to C. W. Nilsen, Office of Nuclear the 1990 legislation specifically NRC certification of gaseous diffusion Regulatory Research, U.S. Nuclear excluded AVUS uranium enrichment.

plants leased by USEC and the licensing Regulatory Commission, Washington, then under development by the of atomic vapor laser isotope separation DC 20555-0001, telephone (301) 415- Department of Energy, from the one-step (AVLIS) technology. USEC is 6209. licensing process, Pub. L.104-134 made responsible far the operation of the two the develo ment of AVUS a <

gaseous diffusion plants and the SUPPLEMENTARY INFORMATION: responsibi ity of USEC (which will development of the AVLIS technolony. Background become a private entity as a result of The legislation requires that AVUY this legislation) and removed the uranium enrichment facilities be On April 26,1996, President Clinton exclusion of AVUS from one-step licensed subject to the provisions of the signed legislation that provides for fiscal licensing. Therefore, licensing of AVUS, Act pertaining to source material and year (FY) 1996 appropriations to a as with other licensed uranium special nuclear material rather than number of Federal agencies (ll.R. 3019 mrichment facilities, will be a one-stop under the provisions perta:ning to a (Pub. L.10&t34)l. Included within the pmcess requmng an environmental roduction facility; provides for the legislation is Title Ill. Chapter 1, entitled review, adjudicatory hearing, inspection ssuance of civil penalties to USEC or its "USEC Privatization Act," which directs before operation, and third party successor for failure to comply with the Board of Directors of the United 8

,f,8",'

regulatory requirements governing the States Enrichment Corporation (USEC) g he ct su as contr 11 g operation of gaseous diffusion plants; to sell the assets of the USEC to a the export of specially designed or prohibits issuance of a license / private sector entity. The private sector prepared uranium enrichment certificate to the Corporation or its corporation that purchases the assets of equipment and preservation of Federal successor if it is owned, controlled, or USEC will be responsible for'the authority in Agreement States,all dominatc d by an alien,a foreign operation of the gaseous diffusion plants uranium enrichment facilities mgulated corporation, or a foreign government, or known as the Portsmouth Plant and the by the NRC remain under the Atomic if its issuance would be inimical to the Paducah Plant, located at Piketon, Ohio, Energy Act provisions for pmduction common defense and security of the and Paducah, Kentucky, respectively* facilities. Specific imp;ementing United States or to the maintenance of and the development of the atomic amendmects are as follows:

a reliable and economical domestic

- source of enrichment services; and vapor laser isotope separation (AVLIS) technology, in addition, the legislation njjo "Purjos, m

climinates the annual requirement that amended the Atomic Energy Act of facilities requiring a license will be the Commission certify that USEC or its 1954, as amended (the Act), with I successor is in compLance with NRC respect to the certification of gaseous

,,{"[l ; [; "" "

P* U yp ;,'l Nuclear regulations. The Commission may yaterg.,, e diffusion plWs and licensing of an drtermine how frequently USEC or its in 10 CFR 40.4 and 70.4, AVUS uraraum enrichment facility. The successor must submit a recertification gaseous diffusion plants are regulated "Defin~tions" the term Corporation is r application to the NRC, provided that under 10 CFR Part 78," Certification of the NRC recertify USEC's or its added to refer appropriately to the successor's compliance with its Gaseous Diffusion Plants." Operation of ticensing of the Corporation or its an AVLis uranium enrichment facility successor for operation of an AVLIS i regulations not less frequently than will be licensed under 10 CFR Parts 40, facility.

every five years. The adopted rule I, 4

" Domestic Licensing of Source changes bring the current regulations in 10 C'rR 76.4 Dennitions" the term material"and 70," Domestic Licensing Corporation is amendeJ to include the into conformance with these provistor.s. of Special Nuclear Material." successor to USEC.

4 J

ll

- Fedsral Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Rules and Regulations G665 4

in addition. in conformance with the - to the Atomic Enerhy Act of 1954. ownership,if any, exercised over the 1996 legislation, provisions are made in Reference to Section 206 of the Energy applicant by any alien, foreign 10 CFR parte 2 and 76 to allow the NRC Reorganltation Act has been relocated corporation, or foreign government."

L Information to be obtained under a

- to impose civil penalties on the USEC from $ 76.131(b) to paragraph (b)(2).

or its successor for failure to comply References to violations under Section proposed r de (61 FR 40555; August 5, 126) amending the provisions of to with regulatory requirements governing 234 of the Atomic Energy Act of1954, as amended, and specific references to CFR parts 25 and 95 that deal with the operation of the gaseous diffusion requirements for access to and plants regulated under lo CFR part 76, sections of the Act are added as paragraphs (b)(1), (b)(3), and (b)(4) to protection of classified informdon.

Civil penalty authority presently

- contained in to CFR part 70 would describe the new c1511 penalty authority. (The Commission expects to adopt this

' A provision is also added stating that proposed rule as a final rule in January

- apply to AVLIS licensing. Furthermore, l

the "Cenoral Statement of Policy and . the Commission will not Isrue a license of 1997.)These amendments were or certificate to the Corporation or its proposed to conform the NRC's l

- Procedures for NRC Enforcement successor if the Cca.m:4.; fid that regulations with the nationally -

j - Action" NUREG-1600, is being .

supplemented to provide examples of the Corporation is owned, controlled, or applicable requirements for the violations in each of the four severity dominated by an alien, a foreign prostion of and access to classilled i

levels as guidance in determining the corporation, or a foreign government, er National Security information, which have been revised through the issuance L appropriate severity level for violations that issuance would be inimical to the of the Nationallndustrial Security in the area of gaseous diffusion plant common defense and security of the United States or to the maintenance of Program Operating Manual (NISPOM),

operationa. Specific implementing published January 1995: Executive amendments are as bllows: a rullable and economical domestic source of enrichment services. This Order 12958," Classified National in to CFR 2.200(a) concerning the provision is added to confona with the Security Information," dated April 17, scope of subpart B of part 2 a new 1995; and Executive Order 12%8 sentence o added to read as follows: legislation which includes specific language that restricts lasuance of a " Access to Classified information,"

"Howewr, with regard to the holder of certificate or a license to the USEC or its dated August 4,1995. Specifically,as a part 76 Ccrtificate of Compliance or related to foreign ownership. control, or Compliance Plan, except for civil successor if the issuance would be

( inimical to the maintenance of a reliable domination, the NISPOM provides l

penalty procedures in this subpart, the criteria for determining whether U.S.

' applicable procedures are set forth in and economical domestic source of enrichment services. Iteretofore, the companies handling classified materisl

$ 76.70." This will clarify that the are under foreign ownership, control, or provisions governing the issuance of an Commission has not been asked in its order or notice of violation to the holder regulatory decisions to evaluate whether influence (FOCl). FOCI requirements a proposed action is inimical to the established in proposed revisions to 10 cf a certificate of compliance or CFR part 95 are considered useful to the compliance plan under 10 CFR part 70 viability of the domestic industries are contained in 6 76.70 but the civil subject to NRC's regulation. Information subject finding the Commission must about the intent of the language is ' make under the provisions of the 1996 penalty procedures in subpart B of part contained in a Senate Committee report legislation. This is especially so based 2 are applicable to these entities. upon the sensitive nature of the in to CFR 2.205(a), a reference to the on an earlier version of the legislation facilities and USEC's role, and the fact S 76.70(d)," notice of violation," and a (S. Rpt. No. 104-173 on S. 755, reference to the provisions of a to CFR November 17,1995), which states that that USEC will have access to classified the provision is to " guard against the information an'd equipment part 76 " certificate of compliance or - Further, the existing regulations compliance plan," are added because possibility of a foreign uranium . (SS 40.31(b),70.22(d), and 76.33(d))

the Commission no3v has authority to enrichment company acquiring the issue civil penalties to the Corporation Corporation with the intent of operating reflect NRC authority under the Atomic It in such a manner inconsistent with its Energy Act to require that an applicant.-.

for violation ofits renulations. licensee, or certificate holder submit Similarly, in 10 CFR 76.10(b), the last maintenance as an ongoing uranium phrase,"except, that the Corporation is enrichment concern." The report further additionalinformation concerning not subject to the authority of Section states that no certificate or license issuance of a license or certificate.

should be issued "If in the opinion of Therefore, under these provisions USEC 234 of the Act,"is eliminated because the NRC the issuance of such a license also may be required to submit the Corporation is now subject to additional information addressing Section 234 of the Act. ,

or certificate of compliance would be inimical to the common defense and whether issuance would be inimical to to CFR 76.60 (c)(1) and (d)(1) are the maintenance of a reliable and removed.These paragraph designations security of the United Statec or would are reserved and the last phrase of be inimical to the maintenance of a economical domestic source of enrichment services, The staff is

$ 76.60(i),"provided, however, that civil reliable and economical domestic considering whether there are specific penalties shall not be imposed on the source of enrichment services because additional information needs cnd will Corporation pursuant to S 95.61 of this ~ of the nature and extent of the recommend to the Commission whether

- chapter except for violations of Section ownership, control, or domination of flirther amendments to the regulations 206 of the Energy Reorganization Act" the Corporation by a foreign corporation are warranted. Ire addition the staff is is also eliminated.These prohibitions or a forelgn p,arnment or any other e preparing procedures for developing the i

on issuing civil penalties are removed to relevant factors or circumstances." required annual report to Congress and permit the imposition of civil penalties. To comply with this provision of the l 1996 legislation, the ' 7C staff will guidance for recertification, and 1 in to CFR 76.72(d), a reference to the developing procedures to consider the I new Section 234 civil penalty authority evaluate this restrie:Wn on certification issues of foreign ownership and control.

is added.

and licensing based. in part, w the following: and inimicainess to the common The 10 CFR 76.131(a)(3) reference to defense and security and to a reliable

" ' Title XI of the Energy Policy Act of Information required under SS 70.22 and economical supply of domestic 1992. is ehminated because this act's and 76.33 "information known to the

enrichments senices. Specific

applicable pmvisions were amendments applicant concerning the control or l

l 6

• y up -yT-;t -W- + . g -- -- -- --e-m - - -- --w--g-- --=--g- m

1

/ 6666 Federal Register / Vol. 62 No 29 / Wednesday, Fobruary 12, 1997 / Rules and Regulations implementing amendments are as the NRC would have the flexibility to part 70, Domestic Licensing of Special follows: determine the appropriate length of Nuclear Material (See S 70.1);

New sections to CFR 40.38 and 70.40 ' certification, not to exceed five years." (b) Add and amend where needed the entitled "!neligibility of certain Specific implementing amendments are definition of " Corporation" to include .

applicants," are added to state that the as follows: the USEC privatir J entity (See SS 40.4, I NRC will not issue a license to operate 10 CFR 76.31 is revised to provide for 70.4 and 76.4);

an AVLIS enrichment facility to the periodic application for recertification (c) Note that the Commission will not of compliance on or before April 15 of issue a license / certificate if the Corp) oration (1 It is owned,if:controlled, or the year specified in an existing Commission finds that USEC or its dominated by an alien, a foreign certificate of compliance as determined successor is under foreign ownership or by the Commission, but not less control or that issuance would be corp) oration, or a foreign government:

(2 Issuance would te Inimical to the frequently than every 5 years inimical to the common defense and cornmon defense and security of the Accordingly,in 10 CI R 70.35,76.36, Utu,vd sunw.G r security or to the mainten ce of a 76.43,76.45,76.55, and 76.6G references reliable and economical source of (3) Issuance would be inimical to the to annual recertification are removed.

maintenance of a reliable and to CFR 76.68 is revised to provide domestic enrichment services (See SS 40.38,70.40, and 76.22);

. cconomical domestic source of that the Corporation or its successor will enrichment services. continue to submit revised change pages peri (d) Amend the Provisio dic recertification A new section 10 CFR 76.22 entitled ' to their approved application and safety (See SS 76.31,76.35(n),76.36(a),76.43, fo.n concerning r operation

" ineligibility of certain applicants," is analysis report annually to ensure added that states that the NRC will not 76.45(e),76.55,76.66 and 76.68(b)h and current plant documentation, even issue a certificate of compliance to the though the requirement for an annual (e) Note and clarify the authority to ap lication has been removed. Issue civil penalties to USEC or its Corp) oration (1 It is owned,under theseorparts.lf:

controlled, a addition, in response to the successor for regulatory violations (See dominated by an alien, a foreign "Rulemaking Plan-USEC Privatization S $ 2.200(a), 2.205(a), 76.10(b), 76.60, corporation, or a foreign government; Act," which was made available to the 76.72(d) and 76.131).

(2)Is uance would be inimical to the public on the NRC electronic bulletin The NRC is also amending the common defense 'md security of the board, USEC by letter dated November -egulations in 10 CFR part 76 to correct United States; or 13,1996, provided comment concerning several miscellaneous errors in tho (3) Issuance would be inimical to the the rulemaking action (enclosure 3). In regulatory text. These errors in the Code maintenance of a reliable and their letter USEC provided proposed of Federal Regulations text occurred in

- economical domestic source of revisions to CFR parts 76,70, and 40 for the process of preparing and printing enrichment services. the purposes of implementing the USEC the final rule published on September Another provision ir. the legislation Privatization Act,and proposed 23,1994 (59 FR 48044). Specifically: in eliminates the requirement that the NRC language to S 76.45 to clarify the S 76.21(b) the reference to S 40.41 must certify that USEC or its successor's agency's intention concerning Director's should be to $ 40.51; in SS 76,111 and operation of the gaseous diffusion plants decision on applications fo6 76.113 " uncontrolled classified" should is in compliance with NRC regulations amendments to the Certificato. USEC be " Unclassified Controlled" Nuclear each year. Instead, the Commission may also proposed deleting certain sections information, and in S 76.76(a)(2) the detennine how frequently the USEC or which in their view are immaterial now "(c)" should be "(b)." In addition, the its successor must submit a that the Director's decision on the initial definition of" Uranium enrichment recertification application to the NRC. certification has been issued. With Pl ant"is removed from 5 76.4 because it floweve , NRC must recertify the respect to the first item, no new is neither needed nor used in part 76 Corporation's compliance at least every information was provided beyond that which is specific to gaseous diffusion 5 years. The initial certification, granted which the staff had already considered . plants, in a September 19,1996 Director's in this direct final rulemaking. The Furthermore, the NRC is amending decision, was made effective for 2 years other USEC proposed revisions are not the regulations in to CFR part 2 to to permit most items of USEC's included as a part of this limited scope reflect an agency reorganization.

compliance plan to be completed. As direct final rulemaking as they are not Specifically: in S 2.205 paragraphs (a),

part of the certification process, the revisions to the Commission's (d),(g) and (h) all references to the compliance plan details how the regulations which are required by the " Deputy Executive Director for Nuclear Corporation vill achieve compliance legislative amendments to the Act being Materials Safety Safeguards, and with NRC regulations in transition from here codified. Operations Support, or the Deputy's the operation of the gaseous diffusion The Commission is proceeding with designen" are changed to read plants under the requirements of the this rulemaking to amend to CFR pans " Executive Director for Operations or Department of Energy to operation 2,40,70, and 76 as required to the Executive Director's designee."

under the regulatory authority of the implement section 3 t16 of Pub 1.104- Electronic Access NRC, Subsequent recertification will hm 134, To conform with these changes to based on a number of considerations, the Act, the amendments in this rule Comments may be submitted including implementation status of contain several new and revised AVLIS electronically,in either ASCII text or compliance plans and certification licensing and gaseous diffusion plant Wordperfect format (version 5.1 or regulatory experience as determined by certification requirements specific to the later), by calling the NRC Electronic the NRC's inspection program. The Corporation's and its successor's Bulletin Board (BBS) on FedWorld. The

. exact term of each certification will be ogation of ura.aum enrichnent Bulletin Board may be accessed using a specified in the certificate. As noted in facilities, personal computer, a modem, and one a Senate Committee report on a previous in summary, the amendmer.ts to 10 of the commonly available ,

version of the legislation (S. Rpt. No. CFR chapter I are being made to: communications software packages, or '

104-173 on S. 755, Noverabei 17,1995 (a) Provide that uranium enrichment directly via Internet. Background page 31). "With periodic certification, facilities wih he licensed under 10 CFR documents on the rulemaking are also

Federal Register / Vol 02. No. 29 / Wednesday, February 12, 1997 / Rules and Regulations 6667 available, as practical, for downloading Integration and Development Branch, assessment has been prepared for this and viewing on the Bulletin Board. NRC, Washington. DC 20555-0001, direct final rule.

If using a personal computer and telephone (3011415-5780; e mail Paperwork Reduct. ion Act Statement for modem, the NRC rulemaking subsystem AXD3@nrc. gov.

on FedWorld can be accessed directly Direct hnal Rule Procedural dackground This direct final ruie does not contain by dialing the to'l free number (800) 303-9072. Communication software The NRC considers this action a new or amended information a parameters should be set as follows: noncontroversial and routine because it collection requirement subject to the parity to none, data bits to 8 and stop implements specific statutory Paperwork Roduction Act of 1995 (44 bits to 1 (N.8.1) Using ANSI or VT-100 requirements (Pub. L 104-134). U.S.C. 3501 et seq.). Existing terminal emulation, the NRC Therefore, the Commission is approving requirements were approved by the rulemaking subsystem can then be it without seeking public comments on Office of Management and Budget, accessed by selecting the " Rules Menu" . proposad amend.rpants. This action will approval numbers 3150-0020,-0021, option from the "NRC Main Menu. ' become effective on Apnl 14,1997. -0009,-0039.

Users will find the "FedWorld Online However,if the NRC receives significant adverse comments by March 14,1997, Public Protection Notificat.on User's Guides" particularly helpful, Many NRC subsystems and data bases the NRC will withdraw this action and The NRC may not conduct or sponsor, also have ,"lielvlafonnation Center" address the significant adverse and a person is not required to respond option that I:tahured to the particular comments received in response to the to, a collection of information unless it subsysterr.. revisions published in this document displays a currently valid OMB control The NRC subsystem on FedWorld can before a fm' al rule becomes effective. number.

also be accessed by a direct dial phone The NRC will not initiate a second RegulaW Analycis number for the main FedWorld BBS, comment period on this action.

(703) 321-3339, or by using Telnet via anges m M pam 2, % m, ad Revision to NUFEG-1600," General 76 must be made to bring these Internet: fedworld. gov. If using (703)

Statement of Policy and Procedures o for regulations into conformance with the 321-33391o contact FedWorld, the NRC NRCEnforcement Actions Act as amended by the "USEC subsystem will be accessed from the main FedWo ld menu by selecting the Concurrently with this direct final Privati stion Act"(Public Law 104-

" Regulatory, Government rule the Commission is publishirg a 134). me chief benefit to the public, Administration and State Systems," document elsewhere in this issue of the industry, and NRC will be derived from then selecting " Regulatory Information Federal Register that amends NUREG- codification of NRC regulations to Mall." At that point, a menu will be MOO," General Statement of Policy and conform to the changes to the Act.

displayed that has an option "U.S. Procedures for NRC Enforcement Codification should result in a better Nuclear Regulatory Commission" that Action" which provides examples of understanding of the procedurus arid will take you to the NRC Online main violations in each of the four severity requirements for licensing and/or menu, The NRC Online area also can be levels n pidance in determining the certification of enrichment facilities, accessed directly by typing "/go nrc" at appropriate severity level for viotations and thereby facilitate the process for a FedWorld command line. If you access in the areas of fuel cycle and gaseous review of a license application for NRC from FedWorld's main menu, you diffusion plant operations.The unnium enrichment facility, and may return to FedWorld by selecting the amendment is to Supplement VI, " Fuel possibly reduce the litigative risk that

" Return to FedWorld" option from the Cycle and Materials Operations," which might result from not having the NRC Online Main Menu, llowever, if provides additional examples of regulatory basis for health snd safety you access NRC at Fed)Vorld by using violations that should be categorized at review of the application codified by NRC's toll free number, you will have Saverity Levels I,!!,Ill, and IV 1 regulation. The principal cost will be full access to all NRC systems, but you addition, the Enforcement Policy is the expenditure of NRC staff resources will not have access to the main being amended to establish base civil in codifying the requirements. This FedWorld system, penalties for GDPs.The policy constitutes the regulatory analysis for if you contact FedWorld using Telnet, recognizes that regulatory requirements the direct final rule, you will see the NRC area and menus, have varving degrees of safety, Re8"lato'Y Flexibility Certification including the Rules Menu. Although safeguards, or environmental -

significance. Therefore, the relative In accordance with the Regulatory you will be able to download documents and leave messages, you will importance of each violation, including Flexibility Act 5 U.S.C. 605(b), the not be able to write comments or upload both the technical significance and the Commission certifies that this files komments),if you c ntact regulatory significanco,is evaluated as rulemaking will not have a significant FedWorld using FTP, all files can be the first step in the enforcement process. economic impact on a substantial in considering the significance of a number of small entities because it only accessed and downloaded but uploads addresses the Corporation o- its are not allowed; all you will see is a list violation, the staff considers the successor. The Corporation does not fall of files without descriptions (normal technical significance (i.e., actual and potential consequences) and regulatory within the scope of the definition of Gopher look). An index file listing all files within a subdirectory, with significance. "small entitles" set forth in 10 CFR descriptions, is available. There is a 15 2.810 or the Small Dusiness Size Environmental Impact: Categorical Standards set out in regulations issued minute time limit for FTP access. Exclusmn by the Small Dusiness Administration at Although FedWorld also can be accessed through the World Wide Web. The NRC has determined that this 13 CFR part 121.

like ITP, that mode only provides regulation is the type of action Small Business Regulatory Enforcement access for downloading files and does described as a categorical exclusion m.

10 CFR 51.22(c)(11 and (31. Therefore, Act not display the NRC Rules Menu. In accordance with the small For more information on NRC bullitin neither an environmental impact boards call Mr. Arthur Davis, Systyrt 5 statement nor an environmental Business Regulatory Enforcement

6668 Federal Regl5ter / Vol, 62, No, 29 / Wednesday, February 12, 1997 / Rules and Regulations Fairness Act of 1996, the NRC has Authority: Secs. 161,181,68 Stat. 948, 234 of the Act, the Executive Director 953, as amended (42 U.S C 2201,2231); sec. for Operations or the Executive determined that this action is not a

" major rulo" and has verified this 191, as amended, pub. L n7- 015,76 Stat. 409 Director's designee, as appropriate, shall I42 U serve a written notice of violation upon determination with the Office of ,,,n 224"5'C N 5 d 'c' $

q U Information and Regulatory Affairs. Section 2a01 also issued under secs. 53, the person charged. This nctice may be '

Office of Management and Budget. 62,63,81,103.104,105,68 Stat. 930,932, included in a notice issued pursuant to 933,935,936. 937,938, as amended (42 5 2.201 or S 70.70(d) of this chapter, The Backlit Analysis U.S.C 2073. 7192,2093,2111,2133,2134, notice of violation shall specify the date The NRC has determined that the 2135h sec.114(0, Pub. L 97-425,96 Stat. or dates, facts, and the nature of tht, backfit rules, to CFR 50.109 and 70.70, 2213, as araended (42 U.S C 10134(Oh sec.

l0 , b alleged act or omission with which the 91- 0, as ta 853 as m e ed do not apply to this rule. Thus, a backfit g,2 person is charged, and shall identify analysis is not required for these U.S C 5871). Sections 2.tt, t. 2.103,2.104, specifically the particular provision or Cinendments beduse they uu twt 2.105,2.721 also issued t.nder secs. 102,103, provisions of the law, rule, regulation, involve any provir %ns that would 104,1u5,183,189,68 Stat. 936,937,938, license, permit, part 76 ccttificate of impose backfits as Jelined in 954,955, as amended (42 U.S.C 2132,2133, compliance or compliance plan, or 2134,2:35,2233,2239). Section 2.105 als cease and desist order involved in the

$$ 50.109(a)(1) and 76.76(a)(1). issued under Pub. L 97-415,96 Stat. 2073 List of Subjects alleged violati and must state the (42 U.S.C 2239). Sections 2.200-2.206 also issued under secs 161b. I, o, t R2,186,234. amount of each proposed penalty.The

! Port 2 68 Stat. 948-951,955,83 Stat. 444, as notice of violation shall also advise the Administrative practice and amended by Pub. L 104-134,1to St it.1321, person charged that the civil penalty 1321-349, as amended (42 U.S.C 2201 (b), may be paid in the amount specified procedure, Antitrust, Dyproduct material, Classified information. (1),(o),2236,2282h sec. 206, as Stat 1246 (42 therein, or the proposed imposition of N;8 4 " the civil penalty may be protested in its Environmental protectn 1 Nuclear u und)r sec.102 P 91 1 as materials, Nuclear power plants T,nd Stat. 853, as amended (42 U.S.C 4332), entirety or in part, by a written answ r.

reactors, Penalties, Sex discrimination, Sections 2.70na. 2.719 also issued under 5 either denying the violation or showing Sourc3 material, Special nuclear U.S.C 554. Sections 2.754,2.760,2.770, extenuating circumstances. The notice matedal Waste treatment and disposal. 2.780 also tesued under 5 U.S.C 557. Section of violation shall advise the person 2.764 and Table'1 A of Appendiz C also charged that upon failure to pay a civil 10 CFR Part 40 issued under secs.135,14 t, Pub. L 97-425. penalty subsequently determined by the 96 Stat. 2232,2241 (42 ti.S.C 10155,10161). Commission,if any, unless Criminal penalties, Government

' contracts. Hazardous materials Ns*,N,* dY 2 U sb 2 33 ind C mPromised, remitted, or mitigated, be transportation, Nuclear matarials, 5-U.S C 552. Sections 2.800 and 2.80s also c llected by civil action, pursuant to Reporting and recordkeeping issued under 5 U.S.C 553. Section 2.809 also Section 234c of the Act.

issued under 5 U.S C 553 and sec. 29. Pub. * = + +

• requirements, Source material, Uranium. L 85-256,71 Stat. 579, as amended (42 U.S C 2039). Subpart K also issued under (d)If the person clu,rged with 10 CFR Pnrt 70 sec. t89,68 ste 955 (42 U.S C 2239); sec. violation files an answer to the notice of 134, Pub. L 97-425. 96 Stat. 2230 (42 U.S.C violation, the Executive Director for Criminal penalties Hazardous 10'154). Subpart t, also issued under sec.189 Operations of the Executive Director's materials transportation, Matenal 68 Stat. 955(42 U.S.C 2239). Appendix A designee, upon consideration of the control and accounting, Nuclear also issued under sec. 6, Pub. L 91-560,84 answer, will issue an ord7r dismissing materials, Packaging and containers, Stat.1473 (42 U.S.C 2135). Appendix B ah; the proceeding or imposing, mitigating, -

Radiation protection, Reporting and issued under sec.10. Pub. L 99-240,99 Stat.

1842 (42 U.S.C 202tb et sey). or remitting the. vil penalty.The recordkeeping requirements, Scientific * '

equipment, Security measures, Special nuclear materia ,

2. In S 2.200, paragraph (a) is revised E,g , o"f t e fb e"r 'oote}'

to read as follows: time specified in the order, request a 10 CFR Port 76 g 2.200 Scope of aut>part. hearing.

Certification, Cdminal penalties, (a) This subpart prescribes the Radiation protection, Peporting and procedures in cases initiated by the (g) The Executive Director for recordkeeping requirements. Security staff, or upon a request by any person- Operations or the Executive D. rector's measures, Specia'. nuclear material, to impose requirements by order, or to designeo, as appropriate rny Uranium enrichment by gaseous modify, suspend, or revoke a hcense, or compromise any civil penalty, subject to diffusion. to take other action as may be proper, the provisions of S 2.203.

r3ainst any person subject to the .

4 For the reasons set forth in the eve i r d te oider of a c p s te ed y

~ tm ne et of 195 a en e ; E the Energy Reorganization Act of 1974, part 76 certificate of compliance or Executive Director's destgneo, as as amended; and 5 U.S C,552 and 553 comphance plan, except for civil penalty procedures in this subpart, the appropriate, the residing officer, or the the Commission is adopting the ommis i an i a eit s following amendments to 10 CFR parts applicable r dur s are set forth in 2,40,70,an 76. . . . , either the service of the order described in paragraph (c) or (f) of this section, or PART 2-RULES OF PR ACTICE FOR 3. In S 2.205 paragraphs (a). (d), (g)

DOMESTIC UCENSING PROCEEDINGS and (h) are revised to read as follows; tne expirat,mn of the time for requesting a hearing desenbed m paragraph (d) of

ANO ISSUANCE OF ORDERS $ 2.205 Civil penalties. this section, the Executive Director for

1. The authority citation for part 2 is (a) Ilefore instituting any proceeding Operations or the Executive Director's

, revised to read as follows: to impose a civil penalty under section designet as appropriate, may refer the

Federal Register / Vol, 62 No. 29 / Wednesday, February 12, 1997 / Rules and Regulations 6609

'e matter to the Attorney General for PART 70-DOMESTIC LICENSING OF (1) The common defense and security collection. SPECIAL NUCLEAR MATERIAL of the United States; or

. * * * * (2)The maintenance of a reliable and

7. The authority citation for part 70 is economical domestic source of PART 40--DOMESTIC LICENSING OF revised to read a2 follows: er :chment services.

SOURCE MATERIAL Authority: Secs. 51,53.161,182,183,68

"- Stat. 929. 930. 948,953,954, as amended. PART 76--CERTIFICATION OF

4. The authority citation for part 40 is sec. 274. 83 Stat. 444, as amended (4 2 U.S C GASEOUS DIFFUSION PLANTS revised to read as follows: 2071,2073,2201,2232,2233,2282,22970, secs. 201, as amended,202,204,206,88 Stat. 11, The authority citation for part 76 Authority: Secs. 62,63,64,65,81,161' 1242, as amended, 1244,1245,1246(42 is revised to read as follows:

182,183,186,68 Stat. 932,933,935,948, U.S.C 5841,5842,5845,5846); sec.193,104 953,954,955, as amended, secs.11e(2),83, Authority: Secs.161,68 Stat. 948, as Stat. 2835 as amended by Pub. L 104-134, amended, secs. 1312,1701, as amended,106 84, Pub. L 95-604,92 Stal 3033, as 110 Stat.1321,1321-349 (42 U.S.C 2243).

amended. 3039, sec. 234,83 Stat. 44(, a ~ Stat. 2932,2951,2952,2953,110 Stat.1321-

"tictions 70.1 and 70.20a(b) also issued 349,(42 U.S.C 2201,2297b-11,22970; secs.

amended (42 U.S.C 2014(e)(2),2092,2093, under secs. 135,141, Pub. L 97-425,96 Stat.

2094,2095,2111,2113,2114,2201,2232, 2232,2241 (42 U.S C 10155,10161). Section 201, as amended,204,206,88 Stat.1244, 2233,2236,2282i, sec. 274, Pub. L 86-373, 70.7 also issued under Pub. L 95-601, sec. 1245,1246 (42 U.S.C 5841,5842,5845, 73 Stat. 688 (42 U.S.C 2021); secs. 201, as 10,92 Stat. 2951 (42 U.S C 5851). Section 5846); sec. 234(a),83 Stat. 444. as amended amended,202,206,88 Stat.1242, as 70.21(g) also issued under sec,122,68 Stat. by Pub. L 104-134,110 Stat.1321,1321-349 amended, 1244,1246 (42 U.S.C 5841,5842, 939 (42 U.S C 2152). Section 70.31 also (42 U.S C 2243(a)).

5846); sec. 275,92 Stat. 3021, as amended by issued under sec. 57d, Pub. L 93-377,88 Sec. 76.7 also issued under Pub. L 95-601, Pub. L 97-415,96 Stat. 2067 (42 U.S.C Stat. 475 (42 U.S C 2077). Sections 70,36 and sec.10,92 Stat. 2951 (42 U.S.C 5851). Sec. 2022); sec.193,104 Stat. 2835, as amended 70.44 also issued under sec.184,68 Stat. 954, 76 22 is also issued under sec.193(0, as by Pub. L 104-134,110 Stat.1321,1321-349 as amendml(42 U.S.C 2234). Section 70.61 amended,104 Stat. 2835, as amended by Pub.

(42 U.S C 2243). also issued under secs. 186.187,68 Stat. 955 L 104-134,110 Stat.1321,1321-349 (42 Section 40.7 also issued under Pub. L 95- (42 U.S C 2236,2237). Section 70.62 also U.S C 2243(0). Sec. 76.35(l) also issued 601, sec.10,92 Stat. 2951 (42 U.S.C 5851). issued under sec.108,68 Stat. 939, as under sec.122,68 Stat. 939 (42 U.S.C 2152).

Section 40.31(g) also issued under sec.122, amended (42 U.S.C 2138)^ 12, in S 76.4, the term " Corporation" 68 Stat. 939 (42 U.S.C 2152). Section 40.46 8. In S 70.1, a new paragraph (e) is is revised to read as follows and the added to read as follows: term " Uranium enrichment plant" is a e ded LS 234). ecti 7'1 lso '""

issued under sec.187,68 Stat. 955 (42 U.S.C $ 70.1 Purpose, 22$ , , , , .

$ 76.4 Definitions.

(e) As provided in the Atomic Energy * . .

5. In S 40.4, the term " Corporation" is . .

added in alphabetical order to read as Act of 1954, as amended, the regulations Corporation means the United States follows; in this part establish requirements. Enrichment Corporation (USEC), or its procedures, and criteria for the issuance successor, a Corporation that is

$444 DennWons, of licenses to uranium enrichment authorized by statute to lease the facilities. gaseous diffusion enrichment plants in Corporation means the United States 9. In S 70.4, the term " Corporation" is Paducah, Kentucky, and Pileton, Ohio,

. Enrichment Corporation (USEC), or its added in alphabetical order to read as front the Department of Energy, or any 6uccessor, a Corporation that i= follows: person authorized to operate one or both authorized by statute to lease th of the gaseous diffusioa plants, or other gaseous diffusion enrichment plants in 570.4 Denn6ttons. facilities, pursuant to a plan for the Paducah, Kentucky, and Piketon, Ohio. rivatization of USEC that is approved Corporation means the UniMd States from the Department of Energy, or anj {y the President ,

Enr chment Corporation (USEC), or its person authorized to operate one or both , ,. , ,

of the gaseous diffusion plants, or other successor, a Corporation that is ,

13. In S 76.10, paragraph (b) is revised authorized by statute to lease the facilities, pursuant to a plan for the g scous diffus'on enrichment plants in to read as follows:

privatization of USEC that is approved Paducah, Kentucky, a'n d Piketon, Ohio, by the President. 676.10 Deliberate misconduct.

from the Departmeat of Energy, or any , , , , ,

person authorized to operate one or both

6. A new 4 40.38 is added to read as (b) A person who violates paragraph follows: of the gaseous diffusion plants, or other (a)(1) or (a,(2) of this section may be facilities, pursuant to a plan for the t to enf

$ 40.38 Ineligibility of certain applicants, ig ization of USEC that is approved , t te r dur sin to A license may not be issued to the , , , , , CFR part 2 subpart B.

Corporationif theCommission * * * * *

10. A new $ 70.40 ls added to read as determines that: tottows.'

14. In S 76.21, paragraph (b) is revised (a) The Corporation is owned, to read as follows:

controlled, or dominated by an alien, a g 70.40 ineligibuity of certain applicants.

$ 76.21 certificata required.

foreign corporation, or a foreign A license may not be issued to the * * * *

• gr vernment or Corporation if the Commission (b)The issuance of such a license determines that: (b) For the purposes of SS 30.41, would be inimical to- (a) The Corporation is owned, 40.51, and 70.42 of this chapter, the (1) The common defense and security controlled, or dominated by an alien, a Corporation shall be authorized to of the United States; or foreign corporation, or a foreign receive, and licensees shall be guvernment; or authorized to transfer to the (2) The maintenance of a reliable and economical domestic source of th)The issuance of such a license Corporation, byproduct material, source enrichment services would be inimical to- material, or special nuclear material to

t GG70 Federal Register / Vol. G2, No. 29 / Wednesday, February 12, 1997 / Rules and Regulations the extent permitted under the contain means of adjusting cost . aragraph (i) is revised to read as certificate of compliance issued, and/or estimatea and associated funding levels ollows the compliance plan approved, pursuant our the duration of the lease. The funding program need not address $ 76.60 Regulatory requirements which to this part. APph,

15. A new S 76.22 is added to read as funding for those aspects of * * * *

• follows: decontamination and decommissioning of the gaseous diffusion plants assigned (i) The Corporation shall comply with

$ 76.22 Inoligibliity of certain applicants. to the Department of Energy under the the applicable provisions of to CFR part A certificate of compliance may not Atomic Energy Act of 1954, as amended. 95," Security Facility Approval and be issued to the Corporation if the The Corporation should address the Safeguarding of National Security Commission determines that: adequacy of the financing mechanism information and Restricted Data," as (a) The Corporation is owned, selected in its periodic application for specified in subpart E to this part.

controlled, or dominated by ar} alien, a reel.flCMion. 23, In $ 76.66, paragraph (c) is revised foreign corporation, or a foreign 18. In 6 76.36, the section heading and to read as follows:

government; or paragraph (a) are revised to read as (b) The issuance of such a certificate follows: $ 76.66 Expiration and termination of of compliance would be inimical to -. m*!* Mates.

(1) The common defense and security $ 76.36 Renewels.

of the United States; or (a) After issuance by the Commission Jthe Corporation does not submit (2) The maintenance of a reliable and of the initial certificate of compliance a renes <al application under S 76.36, the economical domestic source of and/or an approved compliance plan, , Corporation shall, on or before the enrichment services, the Corporation shall file periodic expiration date specified in the existing

16. Section 76.31 is revised to read as applications for renewal, as required by certificate, terminate operation of the follows: S 76.31, gaseous diffusion plants.

$ 76.31 Periodic application requirement. 24. In $ 76.68, paragraph (b) is revised

19. Section 76.4'lis revised to read as t read as follows:

The Corporation shall periodically follows: ,

4' apply to the Commission for a certificate $ 76.68 Plant changes.

of compliance,in accordance with $ 76 43 Date for decision. , , , , ,

$ 76.36, on or before April 15 of the The Director will render a decision on (b) To ensure that the approved 4 specified in an existing certificate o[ ear an application within 6 months of the receipt of the application unless the application remains current with -

compliance as determined by the Commission, but not less frequently Director alters the date for decision and mspect to it.e,t.ctual site description and that the plant s programs, plans, than every 5 years. Publishes notice of the new date in the policies, and operations are in place, the I 17, in 5 76.35, paragraph (n) is revised Federal Register, to read as follows: 20. In 5 76.45, paragraph (a) is revised Corporation shall submit revised pages to read as follows: to the approved application and safety

$ 76.35 Contents of initial application. analysis report, marked and dated to

$ 76.45 Application for amendment of indicate each change. The Corporation

• • "* 8t** shall evaluate any as-found conditions (n) A description of the funding rogram to be est:.blished to ensure that (a) ntents of amendment that do not agree with the plant's PPlication,in eddition to the programs, plans, policies, and mds will be set aside and available for 8Pplication for certification submitted operations in accordance with those aspects of the ultimate disposal of Pursuant to S 76.31, the Corporation paragraph (a) of this section.These waste and depleted uranium'missioning' at any time 8PPl y for amendment revisions must be submitted before decontamination and decom **{e ft certificate to cover proposed new relating to the gaseous diffusion plants April 15 of each calendar year, or at a r m dified activities.The amendent shorter interval as may be specified in leased to the Corporation by the licati n should contain sufficient the certificate. If a renewal application Department of Energy' which are the apformation in for the Director to make g; y g g for a certificate is filed in accordance

" "8 with 5 76.36 of this part, the revinions C . The Co oration shall ' '"gliance o

of acceptab ;ity esta$o ti lish financial surety arrangements or t e br$g Ic if te app 11 cation.

to ensure that sufficient funds will be . . . . .

available for the ultimate disposal of 21. Section 76.55 is revised to read as waste and depleted uranium, and , goggow,. 25. In S 76.72, paragraph (d) is revised decontamination and decommissioning to read as follows:

activities which are the financial $ 76.55

+ renewat. g,,

responsibility of the Corporation.The gg in any e a m which the Corporation * * * *

• funding mechanism, such as has timely hiei a sufficient application prepayment, surety, insurance, or for a certificate of compliance, the (d)The procedures set forth in to CFR external sinking fund, must ensure existing certificate of compliance or 2.205, and in 10 CFR part 2, subpart C, availability of funds for any activities approved compliance plan does not will be applied in connection with NRC which are required to be completed both expie until the application for a action to impose a civil penalty before or after the return of the gaseous certificate of compliance has been pursuant to Section 234.of the Atomic diffusion facilities to the Department of finally determ ned by the NRC. For Energy Act of 1954, as amer.ded, or Energy in accordance with the lease purposes of this rule, a sufficient Section 206 of the Energy between the Department and the application is one that addresses all Reorganization Act of 1974 and the Corporation.The funding program must elements of 9 76.36. implementing regulations in 10 CFR contain a basis for cost estimates used 22. In $ 76.60, paragraphs (c)(1) and part 21 (Reporting of Defects and to establish funding levels and must (d)(1) are removed ar.d reserved and Noncompliance), as authorized by

. ._- . -- - --- ~. - ~ . - . . - - ...- - __ - - - _ . . -

a-4 e Fed:r-1 Register / Vol. 02. No. 29 / Wednesday, February 12, 1997 / Rules and Regulations G671 Section 1312(e) of the Atomic Energy strategic special nuclear material (1) The Atomic Energy Act of 1954, as Act of 1954, as amended: (Category I), special nuclear material of amended:

• * * * * . moderate strategic significance (2) Title 11 o' the Energy

26. In S 76.76, paragraph (a)(2) is (Category II), and special nuclear Reorganization Act of 1974, as revised to read as follows: material of low strategic significance amended; (Category ill), and for protection nf (3) A regulation or order issued

$ 76.76 Backtitting.

Restricted Data National Security pursuant to those Acts.

(a) * *

• Information, Safeguards In formation, (b) The Commission may obtain a (2) Except as provided in paragraph and information designated by the U.S. court order for the payment of a civil (a)(4) of this section, the Commission Department of Energy as Unclassified penalty imposed under Section 234 of 4 shall require a systematic and Controlled Nuclear Information. the Atomic Ene y Act of1954,as documented analysis puauant t amended, or unher Section 1312(e) of paragraph (b) of this section for backfits 28. In S 76.113, paragraph (c) is revised to read as follows: the Atomic Energy Act of1954,rS

, which it seeks to 'mp -- -

amended, and Section 206 of tLe 2nergy

$ 76.113 Formula quanuties of strategic Reorganiation Act of1974,as

27. Section 76.111 is revised to read special nuclear motorial-Category L amended, for violations of:

as follows: * * * * *

11) Sections 53,57,62,63,81,82,101,

$ 76.111 Physical security, material control (c) The requirements for the 103,104,107,109, or 1701 of the and accounting, and protection of certain Protection of Safeguards Information Atomic Energy Act of 1954, as amendet informauon. pertaining to formula quantity of (2) Section 206 of the Energy l Nuclear Regulatory Commission strategic special' nuclear material Reorganization Act:

regulations that will be used for (Category 1) are contained in S 73.21 of (3) Any rule, regulation, or order certification of the Corporation 8 for this chapter. Information designated by issued pursuant to the sections specified physical security and material control the U.S. Department of Energy as in paragraph (b)(1) of this section; and accounting are contained in title 10 Unclassified Controlled Nuclear (4) Any term, condition, or limitation of the Code of Federal Regulations as Information must be protected at a level of any certificate of compliance or described in this subpart. The equivalent to that accorded Safeguards approved compliance plan issued under regulations referenced in this subpart Inf rmation. the sections specified in paragraph contain requirements for physical

. . . . . (b)(1) of this section.

f' security and material control and . 29. Section 76.131 is revised to read Dated at Rock.ille, Maryland, this 6th day accounting for formula quantities of as follows: of r'ebruary,1997.

For the Nuclear Regulatory Commission.

8 For the p of this subpart, the terms $ 76.131 Violations. John C. Iloyle, (a) The Commission may obtain an secretaryof the commhsion.

is apYer. Nan reEp tive7 7 the or the conmcate of compliance or approvc7t Q

io injunction or other court order to (FR Doc. 97-3467 Filed 2-11-97; 8;45 aml cornpliance plan. prevent a violation of the provisions of: situseo coom neo-ow o

4 h

• , /[ ' 3 d

- e L' fy

/#p mso%>k p '

UNITED ST/TES NUCLEAR REGULATORY COMMISSION Il N()

j e

j WASHINGTON, O C. 20$55-0001 /1F bTo - A

\*...*/

OFF'CE OF THE January 15, 1997 p 4;

/

erCRETARY C3MMISSION VOTING R2. CORD >+'

DECISION ITEM: SECY-96-258 TITLE. DIRECT FINAL RULEMAKING: USEC PRIVATIZATION ACT - CONFORMING CHANGES AND REVISION TO THE NRC ENFORCEMENT POLICY (NUREG-1600)

The Commission (with all Commissioners agreeing) approved the final rule as noted in their affirmauun votes and recorded in the Staff Requirements Memorandum (SRM) of January 15, 1997 This Record contains a summary of voting on this matt.er together with the individual vote sheets. views and comments of the Chairman and Commissioners, and .he SRM of January 15, 1997

?

/

,Tond C. Hoyle Secrp6ary of the Commission Attachments:

1. Voting Summary

2. Commissioner Vote Sheets

3. Final SRM cc: Chairman Jackson Commissioner Rogers Commissioner Dicus Commissioner Dia::

Commissioner McGaffigan OGC EDO PDR DCS N a

'blQ 0- gp:-$4_ p j

VOTING

SUMMARY

- SECY-96-258 RECORDED VOTES NOT DATE APRVD DISAPRVD ABSTAIN PARTICIP COMMENTS CHRM. JACKSON X X 1/10/97 COMR, ROGERS X 1/7/97 COMR. DICUS X 1/3/97 COMR. DIAZ X 1/6/97 COMR. McGAFFIGAN X X 1/8/97 COMMENT PESOLUTION In their vote sheets, Chairman Tackson and Commissioner McGaffigan approved the subject paper and provided comments.

Commissioners Rogers, Dicus, and Dia:: voted to. approve the paper without comments. Subsequently, the comments of the majority of the Commission were incorporated in the SRM issued on January 15, 1997-4

A F F I R M A T I_O N VOTE AK-9c-G-RESPONSE SHEET TO: John C. Hoyle, Secietary 4

FROM:

CHAIRMAN JACKSON i

SUBJECT:

SECY-96-258 - DIRECT FINAL RULEMAKING: USEC PRIVATIZATION ACT - CONFORMING CHANGES AND REVISION TO THE NRC ENFORCEMENT POLICY (NUREG-1600) subject to Approved atta d XX Disapproved Abstain Not Participating Request Discussion _

COMMENTS:

See attached edit.

1 b

[ SIGJIATURE Release Vote / XX / January 10, 1997 DATE Withhold Vote / /

- Entered on AS" Yes XX No M Cls'Jud 5 7 g r,9

y p' ,

&:-QQ y yce  :

3. In 5 2.205, paragraph (a) is revised to read as follows: '

~

6 2.205 Civil penalties.

Before instituting any proceeding to impose a cixil penalty under.

(a) K p o4ery l

section 234 of the Act, the Deputy Executive Director for N a Mater b.:

or the Director's designee, as

-s fe a f eguard sr and-Ope ra t4en s-Suppet+,

appropriate, shall serve a written notice of violation upon the person charged. This notice may be included in a notice issued pursuant to 5 2.201 The notice of violation shall specify the date or dates, h or 5 76.70(d).

facts, and the nature of the alleged act or omission with which the person is charged, and shall identify specifically the particular provision or provisions of the law, rule, regulation, license, permit, Part 76 certificate of compliance or compliance plan, or cease and desist order involved in the The alleged violation and must state the amount of each proposed penalty.

l notice of violation shall also advise the person charged that the civil penalty may be paid in the amount specified therein, or the proposed imposition of the civil penalty may be protested in its entirety or in part, by a written answer, either denying the violatica or showing extenuating The notice of violation shall advise the person charged that circumstances.

upon failure to pay a civil penalty subsequently determined by the Commission, if any, unless compromised, remitted, or mitigated, be collected by civil action, pursuant to section 234c of the Act.

L% ae s et s_t,,, _ 4u e a ,w as nadcJ, 4e reftec am.7(Le me , n o %, , gg 22

$[)k AFFIRMATION VOTE 37, 9 EESPONSE SHEET TO: John C. Hoyle, Secretary FROM: COMMISSIONER MCGAFFIGAN

SUBJECT:

SECY-96-258 - DIRECT FINAL RULEMAKING: USEC PRIVATIZATION ACT - CONFORMING CHANGES AND REVISION TO THE NRC ENFORCEMENT POLICY (NUREG-1600)

Approved

• d isapproved Abstain Not Participating Request Discussion COMMENTS:

See attached coments.

l

'A

.l , f SIGNA'(TIMC [

Release Vote / >< / . .

8

'dATE Withhold Vote / /

Entered on "AS" Yes F No 07:ll 7o si'f 9y.

'4 'Pr2 f W '.h ' S Comissioner McGaffiaan's Coments on SECY-96-258 I approve this proposed direct final rulemaking, subject to the following coments --

1. I recommend that the Senate Energy and Natural Resources Committee and the Senate A)propriations Subcommittee on Energy and Water receive notices of t1ese rules because of Senator Ford s and Senator Domenici's ongoing interest in this matter.

2. I believe that the Comission will benefit from executive branch views, as we do on export licensing matters, with regard to whether the privatized USEC meets the three criteria in the statute, now to be incorporated in 10 CFR 40.38 and 10 CFR 70.40. There has been an ongoing National Economic Council study of these issues in preparation for the privatization of the USEC. and the Commission should have the benefit of that analysis. In ) articular, the Comission should fully understand the executive branc1's views on the privatized-USEC entity's role as the executive agent for the U.S.- Russia HEU agreement. Thus. I suggest that we direct the staff to comunicate with, and obtain the views of, the executive branch on these USEC privatization issues.

Since the receipt of the executive branch's views on these issues involves internal governmental matters and the NRC's efforts to gather information for use in making the determinations on the three criteria, I do not believe that the fact the Commission intends to solicit such views needs to be reflected in the subject rulemaking.

j AFFIRMATION VOTE PDe (21= Sb #

'f RESPONSE SHEET TO: John C. Hoyle, Secretary FROM: COMMISSIONER ROGERS

SUBJECT:

SECY-96-258 - DIRECT FINAL RULEMAKING: USEC PRIVATIZATION ACT - CONFORMING CHANGES AND REVISION TO THE NRC ENFORCEMENT POLICY (NUREG-1600)

Approved 4 KCK+ Disapproved Abstain Not Participating Request Discussion _

COMMENTS:

Kut_.

d 3'

4 l .

SfGNATUQ Release Vote / X / 7, L 7 f 7 '

QTE' Withhold vote / /

Entered on "AS" Yes X No 49&! !"D 7/ sp.

AFFIRMATION VOTE O f9F EZ4 - A RESPONSE SHEET TO: John C. Hoyle, Secretary FROM: COMMISSIONER DIAZ

SUBJECT:

SECY-96-258 - DIRECT FINAL RULEMAKING: USEC PRIVATIZATION ACT - CONFORMING CHANGES AND REVISION TO THE NRC ENFORCEMENT POLICY (NUREG-1600)

Approved '/ Disapproved Abstain ,

f l

l Not Participating Request Discussion _ ,

COMMENTS:

Q qq r

\

'%,fGNATUR%

Release Vote /"/ bC- 9 7 DATE Withhold vote / /

Entered on "AS" Yes / No

@'l 74f /p

AFFIRMA_ TION V O _T E

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RESPONS_E_ SHEET TO: John C. Hoyle, Secretary FROM: COMMISSIONER DICUS

SUBJECT:

SECY-96-258 -

DIRECT FINAL RULEMAKING: USEC PRIVATIZATION ACT - CONFORMING CHANGES AND REVISION TO THE NRC ENFORCEMENT POLICY (NUREG-1600)

Approved Disapproved y

Abstain _

Not Participating Request Discussion COMMENTS: 7'lcro i

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p, Action: Morrison, REL d*p raog9 UNITED STATES

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f0r n WASHINGTON D.C. 20$$$-0001 y p January 15, 1997 IN RESPONSE, PLEASE e...* REFER TO: M970113B OFFICE 0F THE SECRETARY Blaha D. Meyer, ADM r

B. Shelton, IRM MEMORANDUM FOR: Hugh L. Thompson, Jr. Paperiello, NMSS Acti E cuy ve Director for Operations l FROM: John / Hoy tary ,' *"*

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SUBJECT:

S F REQUIREMENTS - A/FIRMATION SESSION, 11:30 A.M., MONDAY, JANUARY 13, 1997, COMMISSIONERS' CONFERENCE ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE)

1. SECY-96-258 - Direct Final Rulemakirat USEC Privatization Act - Conformina Chances and Revision to the NRC Enforcement Policy (NUREG-1600)

The Commission approved a direct final rule which amends 10 CFR Parts 2, 40, 70, and 76 to bring these regulations into conformance with the new statutory requirements of the USEC Privatization Act. The Commission also approved an associated revision to the NRC Enforcement Policy (NUREG-1600) .

The staff.should inform the Senate Energy and Natural Resources -.

Committee and the Senate Appropriations Subcommittee on Energy and Water of this final rulemaking. In implementing these changes, the staff should communicate with and obtain the executive branch views _on USEC privatization issues, particularly on the privatized-USEC entity's role as the executive agent for the U.S.-Russia HEU agreement in determining whether the USEC meets the three criteria in the statute which are now

-incorporated in 10 CFR 40.38 and 10 CFR 70.40.

On page 22, in-S 2.205 Civil Penalties, the Deputy Executive Director's title should be changed to " Deputy Executive Director for Regulatory Programs." Conforming changes to reflect the new-EDO reorganization should also be made, as needed, throughout the document.

Following incorporation of these changes, the Federal Recister notice should be reviewed by the Rules _ Review and Directives Branch in the Office of Administrar. ion and forwarded to the Office of the Secretary for signature and publication.

(EDO) (RES) (SECY Suspense: 02/28/97) 9600075 0 ?O IE LL l %A~ *y3n J

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Attachment:

As. stated' cca Chairman Jackson Commissioner Rogers Conenissioner Dicus Commissioner Diaz Commissioner McGaffigan OGC OCAA OCA OIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)

PDR - Advance DCS - P1-24 1

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