ML20235G186
| ML20235G186 | |
| Person / Time | |
|---|---|
| Issue date: | 06/24/1987 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| TASK-RIA, TASK-SE SECY-87-157, NUDOCS 8707140142 | |
| Download: ML20235G186 (53) | |
Text
pnMov E'
o i
- j
%,...../
RULEMAKING ISSUE (Affirmation)
June 24, 1987 SECY-87-157 For:
The Commissioners From:
Victor Stello, Jr.
Executive Director for Operations
Subject:
Revision of 10 CFR Part 1 and Conforming Amendments
Purpose:
To obtain approval to publish as a final rule the enclosed revision of 10 CFR Part 1 and conforming amenoments to reflect the recent completion of NRC's major reorganization and to fulfill the NRC's obligation under the Freedom of Information Act.
Category:
Minor policy issue Discussion:
On April 12, 1987, the NRC underwent a major reorganization that resulted in the elimination of some offices, the creation of sevaral new offices, and the consolidation of others. The reorganization necessitates a revision of 10 CFR Part 1, " Statement of Organization and General Information," as well as conforming amendments to several other 10 CFR Parts. Part I was originally promulgated on July 18, 1977, and although it has been amended frequently curing the past 10 years, it has never been completely revised.
In aedition to the reorgan1zation, the revision of Part 1 also fulfills the NRC's obligation under the Freedom of Information Act (5 U.S.C. 552(a)(1)(A)) to publish in the Federal Register descriptions of its headquarters and field organizations.
__As_a result of staff. review and comment _ on early drafts of the enclosed revisions to Part 1, ~it was detFrmined that the format of the currently effective Part 1, which contains functional descriptions for each office and I
l
Contact:
Donnie Grimsley 49-27211 ggc6 vi v&2va GW
i division, was too lengthy ano cetailed. Therefore, a decision was made to limit the functional descriptions to the office level, which has a number of advantages.
This will allow for greater flexibility in the future when responsibilities within a particular office are changed. These types of changes would not necessitate a' corresponding change in Part 1.
NUREG-0325, "NRC Functional Organization Charts,"
contains detailed information regarding the.NRC's organization.
It is updated annually and is available for purchase through the Government Printing Office Sales Program and through the_ National Technical Information Service. Part 1 advises the public of the availability of this document.
In the future, aside from address changes, Part I will require revision only when there are significant changes in office functions.
Conforming amendments are being made to other affected 10 CFR Parts where current information permits. In the future, as the NRC moves toward completion of its consolidation to a new location, other changes will be made to reflect dddress changes.
Coordination:
Each office in the NRC, including each Regional Office, has participated in the preparation of and concurs in j
this final rule. The Office of the General Counsel has g
reviewed this paper and has no legal objection.
Recommendation:
That the Commission--
]
1.
Approve the final rule for publication in the Federal Register to be effective immediately upon publication.
2.
Note that:
a.
This final rule contains no information collection requirements and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).
b.
The NRC has determined that this final rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(1). Therefore, neither an environ-mental impact statement nor an environmental assessment has been prepared for this final rule.
1 1
n
r c.
This final rule pertains solely to the agency organization and procecures; therefore, no backfit 4
analysis has been prepared.
- [~~
~, lYuY Wictor Stello; Jr.
Executive Director for Operations
Enclosure:
Draft Federal Register Notice j
Commissioners' comments or consent should be provided directly 1
to the Office of the Secretary by c.o.b. Thursday, July 9, 1987.
Commission Staff Office comments, if any, should be submitted to the Commissioners NLT Wednesday, July 1, 1987, with an infor-mation copy to'the Office of the Secretary.
If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
This paper is tentatively scheduled for affirmation at an Open Meeting during the Week of July 13, 1987.
Ple.ase refer to the appropriate Weekly Commission Schedule, when published, for a i
specific date and time.
DISTRIBUTION:
Commissioners OGC (H Street)
OI i
OIA GPA REGIONAL OFFICES EDO OGC (MNBB)
.e
.u..
y t
l.-
L NUCLEAR REGULATORY. COMMISSION 10 CFR Part 1 Statement of Organization.and General Information AGENCY:
-Nuclear Regulatory Commission.
L l
i, ACTION:
Final rule.
SUMMARY
- 'The Nuclear Regulatory Commission'(NRC) is revising its regulations pertaining to its statement of organization and general information. The revision is necessary to reflect the completion of a major reorganization.. The revision is also necessary to fulfill the NRC's obligation under the Freedom of Information Act (5 U.S.C. 552(a)(1)(A)) to publish in the Federal Register descriptions of its headquarters and field organizations and to inform industry and the' interested public of these organizational changes.
. EFFECTIVE DATE:
FOR FURTHER INFORMATION CONTACT: Donnie H. Grimsley, Director, Division of-Rules'and Records, Office of Administration and Resources. Management, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, Telephone: 301-492-7211.
SUPPLEMENTARY INFORMATION: On July 18, 1977, 10 CFR Part 1 " Statement of Organization and General Information," was promulgated (42 FR 36797). During the past 10 years, Part I has been amended over 20 times; but the entire part has never been completely revised. Until the April 12, 1987 reorganization, past reorganizations had a real, yet small, impact on the content of Part 1.
The new reorganization has altered virtually the entire part, with the creation s
4 e
i 1
of entirely new offices, the consolidation of other offices, and the l
elimination of still others.
1 In its revision of Part 1, the NRC has revamped the text of the older version in order to present the information in plain English, a departure from the more formal style of the old text. As a model, the NRC patterned the revision on the office-level functional descriptions found in NUREG-0325 (Revision 10), "NRC Functional Organization Charts," published on February 6, 1987, which contains more detailed descriptions of the functional responsibili-ties of NRC's offices.1 NUREG-0325 is revised annually to reflect changes in the functions of MRC offices. Should changes in NUREG-0325 impact the descrip-tions contained in Part 1, a corresponding revision will be made in Part 1.
Conforming amendments are being made to other affected parts where current information permits.
In the future, as the NRC moves toward completion of its consolidation to a new location, other changes will be made to reflect address changes.
Because these amendments deal solely with agency organization and procedure, the notice and coment provisions of the Administrative Procedure Act do not apply under 5 U.S.C. 553(b)(A).
Environmental Impact: Categorical Exclusion The NRC has determined that this final rule is the type of action I'NUREG-0325 is available for inspection and copying for a fee at the NRC Public Document Room, 1717 H Street, NW, Washington, DC 20555. NUREG-0325 may be purchased from the Superintendent of Documents, U.S. Government Printing Office, P. O. Box 37082, Washington, DC 20013-7082; or the National Technical Information Service, 5285 Port Royal Road,, Springfield,.,VA 22161.
2
7
.t.
described in categorical exclusion 10 CFR 51.22(c)(1).. Therefore, neither an l
environmental impact statement nor an environmental assessment has been prepared for this final rule.
Paperwork' Reduction Act Statement This final rule contains no information collection requirements and, therefore, is'not subject to the requirements of the Paperwork Reduction Act of
' 1980(44U.S.C.3501etseq.).
. Regulatory Analysis Because this final rule has no economic impact on the public and only a modest economic impact on the NRC for resources.to prepare the final rule, no
' egulatory analysis has been prepared.
r Backfit Analysis
-This final rule pertains solely to the organization of the NRC; therefore, no backfit analysis has been prepared.
List of Subjects for 10 CFR Part 1 Organization and functions.
For the reasons set out in the preamble and under the authority of the i
Atenic Energy Act of 1954, as amenced, the Energy Reorganization Act of 1974,
]
t 3
4 A
U
O i
as amended, and 5 U.S.C. 553, the NP.C is adopting the following revision of 10 CFR Part 1 and cer. forming amendments to 10 CFR Parts 0, 2, 7, 9, 10, 11, 15, 19, 20, 21, 25, 30, 31, 34, 35, 40, 50, 51, 60, 61, 70, 71, 72, 73, 74, 75, 95, 150, and 170.
1.
10 CFR Part 1 is revised to read as follows:
Subpart A--Introduction Sec.
4.1 Creation and authority.
1.3 Sources of additional information.
1.5 Location of principal offices and Regional Offices.
Subpart B--Headquarters 1.11 The Commission.
l Panels, Boards, and Committees 1.13 Advisory Committee on Reactor Safeguards.
1.15 Atomic Safety and Licensing Board Panel.
1.17 Atomic Safety and Licensing Appeal Panel.
1.19 Other committees, boards, and panels.
Comission Staff l
1.21 Office of Inspector and Auditor.
j 1.23 Office of the General Counsel.
1.25 Office of the Secretary.
1.27 Office of Investigations.
1.29 Office of Governmental and Public Affairs.
Executive Director 1.31 Office of the Executive Director for_0perations.
Staff Offices i
1.33 Office of Administration and Resources Manag2 ment.
1.35 Office for Analysis and Evaluation of Operational Data.
1.37 Office of Small and Disadvantaged Business Utilization and Civil Rights.
i 1.39 Office of Personnel.
Program Offices l'.41. Office of' Nuclear F'a.terial Safe:y ard Sa.feguards.
l 4
i j
\\r
1.43 Office of Nuclear Reactor. Regulation.
1.45 Office of-Nuclear Regulatory Research.
1.47 NRC Regional 0ffices.
Subpart C--NRC Seal and Flag-
.1.51~. Description and custody of NRC seal.
1.53 Use'of NRC seal.or replicas.
1.55 Establishment of official NRC flag.
1.57 Use of NRC flag.
1.59; Report'of violations.
Authorityi Sec. 23, 161, 68' Stat. 925, 948, as amended (42 U.S.C. 2033, 2201); sec. 29, Pub. L.85-256, 71 Stat. 579, Pub. L.95-209, 91 Stat. 1483 (42 U.S.C. 2039); sec.191, Pub. L. '87-615, 76 -Stat. 409 (42 U.S.C. 2241); secs. 201, 203, 204, 205, 209,. 88 Stat.1242,1244,1245,1246,1248, asamended(42 U.S.C. 5841, SE43, 5844, 5845, 5849); 5 U.S.C. 552, 553; Reorganization Plan
-No. 1 of 1980, 45 FR 40561, June 16, 1980.
Subpart A--Introduction 61.1' Creation and authority.
(a) The Nuclear Regulatory Comission was established by the Energy Reorganization Act of 1974, as amended, Pub. L.93-438, 88 Stat. 1233 (42 U.S.C. 5801 et seq.). This Act abolished the Atomic Energy Comission and, by section 201,-transferred to the Nuclear Regulatory Comission all the licensing
' and related regulatory functions assigned to the Atomic Energy Comission by the Atomic Energy Act of 1954, as amended,, Pub. L.83-703, 68 Stat. 919 (42 U.S.C.2011etseq.). These functions included those of the Atomic Safety and Licensing Board Panel and the Atomic Safety and Licensing Appeal Panel. The i
Energy Reorganization Act became effective January 19, 1975 (E.0. 11834).
(b) As used in this part:
i 5
._ /} _
1 4
l l
" Commission" means the five members of the Nuclear Regulatory Commission cr a quorum thereof sitting as a body, as provided by section P01 of the Energy Reorganization Act of 1974, as amended.
"NRC" means the Nuclear Regulatory Commission, the agency established by Title II of the Energy Reorganization Act of 1974, as amended, comprising the members of the Comission and all offices, employees, and representatives authorized to act in any case or matter.
61.3 Sources of additional information.
(a) A statement of the NRC's organization, policies, procedures, assignments of responsibility, and delegations of authority is in the Nuclear Regulatory Commission Manual and other elements of the NRC's Management Directives System, including local directives issued by Regional Offices. Letters / memoranda delegations of authority are also issued from time to time that have not yet been incorporated into the Manual, parts of which are republished periodically. Copies of the Manual and other delegations of authority are available for public inspection and copying for a fee at the NRC Public Document Room,1717 H Street, NW, Washington, DC, and at each of NRC's Regional Offices.
Information may also be obtained from the Office of Governmental and Public Affairs or from Public Affairs Officers at the Regional Offices.
In addition, "NRC Functional Organization Charts" (NUREG-0325) contains detailed descriptions of the functional responsibilities of NRC's
~
offices.
It is revised annually and is available for public inspection at the NRC Public Document Room or for purchase from the Superintendent of Documents, U.S. Government Printing Office, P. O. Box 37082, Washington, DC 20013-7082; or from the National Technical Information Service, Springfield, VA 22161.
I 6
m
.'O
)
-(b) Commission meetings are open to the public, as provided by the Government in the Sunshine.Act, unless they fall within an exemption to the Act's openness requirement and the Commission also has determined that the
]
public interest requires that those particular meetings be closed.
Information concerning Commission meetings may be obtained from the Office of the Secretary.
(c) Information regarding the availability of NRC records under the Freedom of Information Act and the Privacy Act of 1974 may be obtained from the Division of Rules and Records, Office of Administration and Resources Management. NRC's regulations are published in the Federal Register and codified in Title 10, Chapter I, of the Code of Federal Regulations. They are also published in looseleaf form as "NRC Rules and Regulations," and available on a subscription basis from the Superintendent of Documents, U.
S.~ Government Printing Office, P. O. Box 37082, Washington, DC 20013-7082.
Final opinions made in the adjudication of cases are published in " Nuclear Regulatory 1
Commission Issuances," and available on a subscription basis from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.
61.5 Location of principal offices and Regional Offices.
(a) The principal NRC offices are located in the Washington, DC, area.
Facilities for the service of process and papers are maintained within the District of Columbia at 1717 H Street, NW.. The mailing address for all NRC Headquarters offices is Washington, DC 20555. The locations of NRC offices-in the Washington, DC, area are as follows:
(1) Air Rights III Building, 4550 Montgomery Avenue, Bethesda, Maryland.
i (2) East West / South Towers Building, 4340 East West Highway, Bethesda, Maryland.
7 i
b;,
4 L
(3) East West / West Towers Building, 4350 East West Highway, Bethesda, Maryland.
j (4) Maryland National Bank Building, 7735 Old Georgetown Road, Bethesda, Maryland.
(5) Matemic Building, 1717 H Street, NW, Wa'shington, DC.
(6) Nicholson Lane Building, 5650 Nicholson Lane, Rockville, Maryland.
(7) Phillips Building, 7920 Norfolk Avenue, Bethesda, Maryland.
(8) W111ste Buf1 ding, 7915 Eastern Avenue, Silver Spring, Maryland.
-(9) 'Woodmont Building, 8120 Woodmont Avenue, Bethesda, Maryland.
(b) The addresses of'the NRC Regional Offices are as follows:
Region I, USNRC, 631 Park Avenue,-King of Prussia, PA 19406.
Region II, USNRC, 101.Marietta Street, NW, Suite 2900, Atlanta, GA 30323.
Region III, USNRC, 799 Roosevelt Road, Glen Ellyn, IL 60137.
Region IV, USNRC, 611 Ryan Plaza Drive, Suite 1000, Arlington, TX 76011.
USNRC, Region IV Uranium Recovery Field Office, 730 Simms Street, P. O.
Box 25325, Denver, CO 80225.
Region V, USNRC,1450 Maria Lane, Suite 210, Walnut Creek, CA 94596.
Subpart B--Headquarters 91.11 The Commission.
(a) The Nuclear Regulatory Commission, composed of-five members, one of whom is designated by the President as Chairman, is established pursuant to Chairman is the principal executive officer of the Commission, and is responsible for the executive and administrative functions with respect to appointment and supervision of personnel, except as otherwise provided by the Energy Reorganization Act of 1974,. as attended.. and Reorganization Plan No.1 of 1980 (45~ FR 40561); distribution of business; use and expenditures of' funds, 8
, 'O s t
-4 (except that the function of revising budget estimates and purposes is reserved to the Comission); and appointment, subject to approval of the Comission, of heads of major administrative units under the Comission.
The Chairman is the official spokesman, as mandated by the Reorganization Plan No. 1 of 1980.' The Chairman has ultimate authority for all NRC functions pertaining to an emergency involving an NRC licensee. The Chairman's actions are governed by the general policies of the Comission.
(b) The Comission is responsible for licensing and regulating nuclear facilities and materials and for conducting research in support of the licensing and regulatory process, as mandated by the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and the Nuclear Nonproliferation Act of 1978; and in accordance with the National Environmental Policy Act of 1969, as amended, and other applicable statutes. These responsibilities include protecting public health and safety, protecting the environment, protecting and safeguarding nuclear materials and nuclear power plants in the interest of national security, and assuring conformity with antitrust laws. Agency functions are perfomed through standards setting and rulemaking; technical reviews and studies; conduct of public hearings; issuance of authorizations, permits, and licenses; inspection, investigation, and enforcement; evaluation of operating experience; and confirmatory research.
The Comission is composed of five members, appointed by the President and confirmed by the Senate.
(c) The following staff units and officials report directly to the Comission: Atomic Safety and Licensing Board Panel, Atomic Safety and Licensing Appeal Panel Office of Inspector and Auditor, Office of Investigations, Office of the General Counsel, Office of the Secretary, Office of Governmental and Fublic Affairs, the Executive Director for Operations, and 9
4 i
other committees and boards which are authorized or established specifically by the Act. The Advisory Committee en Reactor Safeguards also reports directly to the Commission.
Panels, Beards, and Comittees
$1.13 Advisory Comittee on Reactor Safeguards.
The Advisory Comittee on Reactor Safeguards (ACRS) was established by section 29 of the Atomic Energy Act of 1954, as amended.
Consisting of a maxi-mum of 15 members, it reviews and reports en safety studies and applications for construction permits and facility operating licenses; advises the Comission with regard to hazards of proposed or existing reactor facilities and the ade-quacy of proposed reactor safety standards; upon tequest of the Department of Energy (DOE), reviews and advises with regard to the hazards of DOE nuclear activities and facilities; reviews any generic issues or other matters referred to it by the Comission for advice. The Comittee, on its own initiative, may conduct reviews of specific generic matters or nuclear facility safety-related items. The ACRS conducts studies of reactor safety research and submits reports thereon to the U.S. Congress and the NRC as appropriate.
61.15 Atomic Safety and Licensing Board Panel.
The Atomic Safety and Licensing Board Panel, established pursuant to se'ction~191 of the~ Atomic-Energy-Act of 1954, as amended, performs the hearings function for the Comission and such other regulatory functions as the Comission authorizes. The Panel is comprised of any number of Administrative l
Judges (full-time and part-time), who may be lawyers, physicists, engineers, and er,vircrmental scientists; etc' the Administrative Law Judges, who hear antitrust, I
l 10
I 9
.a.
i civil penalty, and other cases and serve as Atomic Safety and Licensing Boerd Chaimen. The Chief Administrative Judge develops and applies precedures governing the activities of Boards, Administrative Judges, and Administrative Law Judges and makes appropriate recommendations to the Commission concerning the rules governing the conduct of hearings. The Panel conducts all licensing and other hearings as directed by the Comission primarily through individual Atomic Safety and Licensing Boards composed of one or three Administrative Judges. Those. boards are appointed by either the Comission or the Chief Administrative Judge.
11.17 Atomic Safety and Licensing Appeal Panel.
The Atomic Safety and Licensing Appeal Panel is the organizational body from which are drawn Atomic Safety and Licensing Appeal Boards for particular proceedings. These three-member Appeal Boards exercise the authority and perform the review functions that would otherwise be exercised and performed by the Comission in facility licensing proceedings under 10 CFR Part 50 and such other licensing proceedings as the Comission may specify, reviewing initial decisions and other issuances of Atomic Safety and Licensing Boards and other presiding officers. Appeal Boards perform such other regulatory functions as may be delegated to them by the Comission. The Panel is comprised of a Chief Administrative Judge, who serves as Chairman, and other Administrative Judges as may be appointed.
51.19 Other comittees, boards, and panels.
Under section 161a. of the Atomic Energy Act of 1954, as amended, the Comission may establish advisory bodies to make recommendations to it.
Currently, two advisory committees are in existence.
i
.e 33 o
(a) ' The Advisory Cerraittee on Medical Uses of Isotopes (ACMUI) was established by tna Atomic Cnergy Comissicn in July 1958. The ACMUI, composed of physicians and scientists, considers medical questions referred to it by the NRC staff and renders expart opinicos regarding medical uses of radioisotopes.
The ACMUI also advises the NRC staff, as reouested, on matters of policy regarding licensing of medical uses of radioisotopes.
(b).The Advisory Connittee for the Decontamination of Three Mile Island, Unit 2, was established by the NRC in October 1980.
Its purpose is to obtain input and views from the residents of the Three Mile Island area and afford Pennsylvania government officials an opportunity to participate'in-the Commission's decisional process regarding cleanup for Three Mile Island, Unit 2.
Commission Staff 91.21 Office of Inspector and Auditor.
The: Office of Inspector and Auditor--
(a) Conducts investigations and inquiries to ascertain and verify the integrity of NRC programs and operations; (b)
Investigates allegations of NRC employee misconduct, wrongdoing by NRC contractors, equal employment opportunity and civil rights complaints, claims for personal property loss or damage, tort claims agains,t the United States and fraud, waste, and mismanagement; (c) Develops policies.and standards goveriFing the Commission's financial and management audit program and administers the Commission's day-to-day audit activities; I
(d) Reports to the Commission as necessary to keep the Commission fully i
informed of its financial manacenent res.ocesibilities. and of the rer.ults. of 12
pr' o
}:
-investigations, inspections, and audits; (e) :14 ears individual empicyee concerns regarding ?!PC operations and Lactivities; (f); Refers suspected or alleged criminal' matters regarding NRC employees l
and contractors to the' Department of Justice; and -
.(g) Maintains liaison with Inspector General organizations and other law-
. enforcement agencies.
61.23 Office of the General Counsel.'
(a)' The : fice of the General Counsel, established pursuant to section 25 of.the Atomic Energy Act of 1954, as amended--
(1) Directs matters of law and legal policy, providing opinions, advice, and assistance to the agency with respect to all of its activ4 ties;
.(2) Reviews and prepares appropriate draft Commission decisions on Atomic Safety and Licensing Appeal Board decisions and rulings, public petitions seeking direct Comission action, and' rulemaking proceedings involving hearings;-
(3)- Provides interpretation of laws, regulations, and other sources of authority;
.(4) Reviews the legal form and content of proposed official actions; (5) Prepares or concurs in all contractual documents, interagency agreements, delegations of authority, regulations, orders, licenses, and other legal documents and prepares legal interpretations thereof;-
-(6) Reviews and directs intellectual property (patent) work; (7) Represents and protects the interests of the NRC in legal matters and in court proceedings, and in relation to other government agencies, administrative bodies, committees of Cengress, foreign governments, and members 13
of the public;-and (8) Represents the NRC staff as a party in NRC administrative hearings.
1 i
91.25 0ffice of the Secretary of the Comission.
1
'The Office of the Secretary of the Comission--
(a). Provides general management services to support the Comission.and to implement Comission decisions; and advises and assists the Comission and staff on the planning, scheduling, and conduct of Comission business including preparation of internal procedures; l(b) Prepares the Comission's meeting agenda; (c) Manages the Comission Staff Paper and COMSECY systems; (d) Receives, processes, and controls Comission mail, communications, and
- correspondence; (e) Maintains the Comission's official records and acts as. Freedom of Information administrative coordinator for Comission records; (f) Codifies Comission decisions in memoranda directing staff action
.and monitors compliance; l
(g). Receives, processes, and controls motions and pleadings filed with the Comission;' issues and serves adjudicatory orders on behalf of the Comission; receives and distributes public coments in rulemaking proceedings, issues proposed and final rules.on behalf of the Comission; maintains the official adjudicatory and rul,emaking dockets of the Comission; and ' exercises responsibilities delegated iio~ihe SecretWfiF10"CFR--2.702 and
~
~
2.772; (h) Dirstets and administers the Headquarters NRC Public Document Room; (1) Administers the NRC Historical Program; (j)
Integrates office automation initiatives into the Comission's 14 A
administrative system; (k)
Functions as the NRC Federal Advisory Committee Management Officer; and (1) Provides guidance and direction on the use of the NRC seal and flag.
61.27 Office of Investigations.
The Office of Investigations--
(a) Develops policy, procedures, and quality control standards for the conduct of all NRC investigations of licensees, permittees, applicants, and their contractors and vendors; (b).ConductsandsupervisesinvestigationswithinthescopeofNRC authority, except those concerning NRC employees and NRC contractors; (c) Assures the quality of investigations; (d) Maintains current awareness of inquiries and inspection by other NRC offices to identify the need for formal investigations; (e) Makes appropriate referrals to the Department of Justice; (f) Keeps Commission and involved NRC offices currently apprised of matters under investigation as they affect public health and safety, the common defense and security, environmental quality, or the antitrust laws; (g) Issues subpoenas where necessary or appropriate for the conduct of investigations; and (h) Maintains liaison with other agencies and organizations to ensure the timely exchange of information of mutual interest.
fl.29 Office of Governmental and Public Affairs.
l The Office of Governmental and Public Affairs--
(a) Establishes and maintains good communications and working i
1 15 m
1 relationships between the NRC and other Governmental and public constituents; (b) Provides advice and assistance to the Chairnan, Commission, and NRC staff en all NRC relations with Congress, State and local Governments, Indian Tribe Organizations, the State Department, the international nuclear comunity, the news media, and the public;
(
(c) Serves as primary contact for policy matters between the NRC and these external groups, developing policies for Comission consideration on how NRC should effectively interact with these groups; (d) Keeps the agency apprised of these groups' activities as they may D
affect NRC and t.cnveys to NRC management these groups' views toward NRC policies, plans, and activities; (e)
Issues export and import licenses and participates in formulation of policies on nonproliferation issues, international safeguards, and physical security; and (f) Administers State Agreements program by--
(1) Providing training and technical assistance to Agreement States; (2)
Integrating State / Federal regulatory activities; and (3) Maintaining information exchange and analysis program on State activities.
Executive Director
$L 31 Office of the5ecudve Director for Operations. ~
~ ~~
(a)(1) The Executive Director for Operations (ED0) reports for all matters to the Chairman, and is subject to the supervision and direction of the Chairman as provided in Reorganization Plan No.1 of 1980.
r (2)
Supervises and coordinates policy ceveJocment and operatier.a1 16
--_--.--------_A--__-----___
. +' :.
,l activities in the following line offices:.The Office of Nuclear Reactor Regulation', the Office of Nuclear Material Safety and Safeguards, the Office of fluclear. Regulatory Research, and the NRC Regioral Offices; and the fo11cwing staff offices: The Office of Enforcement, the Office of Administration and Resources Management, the Office for Analysis and Evaluation of Operational
' Data, the Office of Small and Disadvantaged Business Utilization and Civil Rights, the Office of Personnel, and other organizational units as shall be
- assigned by the Commission. The EDO is also responsible for implementation of the Commission's policy directives pertaining to these offices; and (3) Exercises powers and functions delegated to the ED0 under the Reorganization Plan No.1 of 1980, this chapter, or otherwise by the Commission or Chairman, as appropriate. The ED0 has the authority to perform any function that may be performed by an office director reporting to the EDO.
(b) The Office of Enforcement--
(1) Develops policies and programs for enforcement of MRC requirements; and (2) Manages major enforcement actions and assesses effectiveness and unifomity of Regi <na enforcement actions.
(c) The Office of Special ~ Projects--
(1) Implements regulations, issues orders, takes other action associated with licensing and enforcement, and develops and implements policies, programs, and procedures for all aspects of licensing and inspection for the Tennessee Valley Authority (TVA) and Comanche Peak projects, except for actual issuance I
or revocation of construction permits or operating licenses; (2) Performs all safety and environmental reviews and evaluations for the assigned nuclear reactor fccilities; and i
(3) Perfoms other functions required 'cr implementation of the reactor i
17
4
. licensing and inspection programs for TVA and Comanche Peak projects.
(d) The Office of Consolidation--
(1) Assures coordinated plar.ning, budgeting, and execution of tasks required to consolidate the NRC headquarters staff at White Flint North; l
i (2) Provides a single focus for management review, decision making, and direction for activities undertaken.to accomplish the consolidation of the NRC headquarters staff; and (3) Keeps NRC management and employees as fully and accurately informed as possible about all aspects of the consolidation, especially those aspects which could affect individual and collective performance of agency missions and tasks.
Staff Offices
-$1.33 Office of Administration and Resources Management
. The Office of Administration and Resources Management--
(a) Prepares the agency's budget for submission to the ED0; (b). Performs all accounting and financial systems management functions, including payroll, travel, and license fees, and provides centralized administrative service, such as n.anaging rules and records, facilities, and i
=
a ete.ew= --
18 n
3*
3 4
i operations support, publications services, security, and contracts; (c) Manages centralized information resources of the agency including computer and telecommunications services, the document control system, records management and services, and the library; and (d) Provides, to the sxtent feasible, all necessary administrative, financial, and informati?n support services to other NRC offices.
51.35 Office for Analysis and Evaluation of Operational Data.
The Office for Analysis and Evaluation of Operational Data--
l (a) Analyzes and evaluates operational safety data associated with
' NRC-licensed activities to identify safety issues that require NRC or industry action; (b) Provides timely feedback of findings and evaluations to NRC staff, l
licensees, Congress, the public, and organizations, as appropriate; (c) Identifies NRC needs for operational data and related technical information and provides the NRC focal point for coordination of generic operational safety data and systems with the industry and other agencies; (d) Develops and manages the NRC program for response to incidents and emergencies, including the timely notification of events to NRR, NMSS, and the Regions, as appropriate; (e) Develops and provides appropriate technical training for NRC staff; (f) Develops and manages the agency program for reactor performance indicators; I-(g) Develops and directs the agency program for diagnostic evaluations and for irivestigation of significant operational incidents; (h) Mar, ages and ccnducts the support functions for the Committee to 19 1
4 l
Review Generic Requirements (CRGR) in a manner that is censistent with CRGR l
charter; and 1
(1) Ensures-the administrative processes and functions specified in the CRGR charter are implemented in a thorough and timely manner.
1.
l l
91.37 Office of Small and Disadvantaged Business Utilization and Civil Rights.
The Office of Small and Disadvantaged Business Utilization and Civil Rights--
(a) Develops and implements an effective small and disadvantaged business i
program in accordance with the Small Business Act, as amended, and plans and 1
implements NRC policies and programs relating to equal employment opportunity and civil rights matters as required by the Equal Employment Opportunity Commission (EEOC) and the Office of Personnel Management (OPM);
(b) Ensures that appropriate consideration is given to Labor Surplus Area firms and Women Business Enterprises, and conducts an outreach program aimed at contractors desiring to do business with NRC; (c) Maintains liaison with other Government agencies and trade associations; (d) Coordinates efforts with the Director, Division of Contracts, and Directors of other affected offices; (e) Develops and recommends for approval by the Executive Director for Operations, NRC policy providing for-equal employment opportunity in all aspects of Federal personnel practice; (f) Develops, monitors, and evaluates the agency's equal employment opportunity efforts and affirmative action programs to assure compliance with NRC policy; 20
l; e
4 1
(g) Serves as the principal contact with local and national public and l
private organizations to facilitate the NRC equal employment opportunity program; and (h) Coordinates all efforts pertaining to small and disadvantaged business utilization and equal employment opportunity with Office Directors and Regional Administrators.
51.39 Office of Personnel.
The Office of Personnel--
(a) Plans and implements NRC policies, programs, and services to provide for the effective organization, utilization, and development of the agency's human resources; (b) Provides labor relations and personnel policy guidance and supporting services to NRC managers and employees; (c) Provides training, benefits administration, and counseling services for NRC employees;-
(d) Collects, analyzes, and provides data on the characteristics, allocation, utilization, and retention of NRC's workforce; (e) Provides staffing advice and services to NRC managers and employees; and (f) Provides executive resources management and organizational and managerial development services to the NRC..
Program Offices 51.41 Office of Nuclear Material Safety and Safeguards.
(a) The Office of Nuclear Material Safety and Safeguards is responsible 21
II
]
t l
\\
1 i
for protecting the public health and safety, the common defense and security, j
l ar.d the environment by licensing, inspection, ard environmental impact assessment for all nuclear fecilities and activities, and for the import and
]
export of special nuclear material.
j I
(b) The Office responsibilities include--
1 I
(1) Development and implementation of NRC policy for the regulation of
{
s activities involving safety, quality, approval, and inspection of the use and handling of nuclear and other radioactive materials, such as uranium activities; (2) Fuel fabrication and fuel development; (3) Medical, industrial, academic, and commercial uses of radioactive isotopes; (4) Safeguards activities; I
(5) Transportation of nuclear materials, including certification of transport containers; (6) Out-of-reactor spent fuel storage; (7 )-
Safe managonent and disposal of low-level and high-level radioactive wastes; l
(8) Planning and direction of program for financial assurance of NMSS
{
I licensees; and (9) Management of the decommissioning of facilities and sites when their licensed functions are over.
(c) Safeguards responsibilities include--
~
(1) Development of overall agency policy; (2) Monitoring and assessment of the threat environment, including liaison with intelligence agencies, as appropriate; and (3) Those licensing cnd review activitics appropriate..to deter ard protect 22
--- A
l against threats of radiological sabotage and threats of. theft or diversion of special nuclear material at fuel facilities and during transport.
1 (d) The Office identifies and takes action to control safety and safeguards issues for activities under its responsibility, including consulting and coordinating with international, Federal, State, and local agencies, as appropriate.
91.43 Office of Nuclear Reactor Regulation.
The Office of Nuclear Reactor Regulation--
(a) Implements regulations and develops and implements policies, programs, and procedures for all aspects of licensing, inspection, and safeguarding of--
(1) Manufacturing, production, and utilization facilities, except for those concerning fuel reprocessing piants and isotopic enrichment plants; (2) Receipt, possession, and ownership of source, byproduct, and special nuclear material used or produced at facilities licensed under 10 CFR Part 50; (3) Operators of such facilities; (4) Emergency preparedness at such facilities; and (5) Contractors and suppliers of such facilities.
(b) Identifies and takes action regarding conditions and licensee performance that may adversely affect public health and safety, the environment, or the safeguarding of nuclear reactor facilities;
~ ~ (c) Assesses and recommends or takes action regarding incidents or accidents; (d) Provides special assistance as required in matters involving reactor facilities exempt from licensing; (e) Provides guidance and implementation direction to Regional Offices on
\\
.e g3 l
1 i
)
4 reacter licensing, inspection, and safeguards programs assigned to the Region, and appraises Regional program performance in terms of effectiveness and i
uniformity; (f) Performs other functions required for implementation of the reactor licensing, inspection, and safeguards programs; (g) Performs management of the NRC allegation program; and (h) Performs review and evaluation related to regulated facilities insurance, indemnity, and antitrust matters.
91.45 Office of Nuclear Regulatory Research.
The Office of Nuclear Regulatory Research--
(a) Plans, recommends, and implements programs of nuclear regulatory research, standards development, and resolution of generic safety issues for nuclear power piants and other facilities regulated by the NRC; (b) Develops and promulgates all technical regulations; (c) Coordinates research activities within and outside the agency including appointment of staff to committees and conferences; and (d) Coordinates NRC participation in international standards-related activities and national volunteer standards efforts, including appointment of staff to committees.
51.47 NRC Regional Offices.
Each Regional Administrator executes established NRC' policies and assigned programs relat1ng to inspection, enforcement, licensing, State agreements, State liaison, and emergency response within Regional boundaries.
24
s i
Subpart C--NRC Seal and Flag
$1.51 Description and custody of HRC seal, j
J (a) Pursuant to section 201(a) of the Energy Reorganization Act of 1974, the Nuclear Regulatory Commission, h:s adopted an official seal.
Its description is as follows: An American bald eagle (similar to that on the
)
f Great Seal of the-United States of America) of brown and' tan with claws an'd beak of yellow, behind a shield of red, white, and blue, clutching a cluster of thirteen arrows in its left claw and a green olive branch in its right claw, positioned on a field of white, with the words " United States Nuclear Regulatory Commission" in dark blue encircling the eagle. The eagle represents l
l the United States of America and its interests.
{
(b) The Official Seal of the Nuclear Regulatory Commission is illustrated I
I as follows:
I (c) The Secretary of the Commission is responsible for custody of the impression seals and of replica (plaque) seals.
$1.53 Use of NRC~ seal or replicas.
(a) The use of the seal or repifcas is restricted to the following:
(1) NRC letterhead stationery; (2) NRC award certificates and medals; (3) Security credentials and employee identification cards; 25 v
i m
A f
(4) NRC documents, including agreements with States, interagency or governmental agreements, foreign patent applications, certifications, special repcrts to the President and Congress and, at the discretion of the Secretary of the Connission, such other documents as the Secretary finds appropriate; (5) Plaques--the design of the seal may be incorporated in plaques for display at NRC facilities in locations such as auditoriums, presentation rooms, lobbies, offices of senior officials, on the fronts of buildings, and other places designated by the Secretary; (6) The NRC flag (which incorporates the design of the seal);
(7) Official films prepared by or for the NRC, if deemed appropriate by the Director of Governmental and Public Affairs; (8). Official NRC publications that represent an achievement or mission of NRC as a whole, or that are cosponsored by NRC and other Government departments or agencies; and (9).'Any other uses as the Secretary of the Commission finds appropriate.
(b) Any person who uses the official seal in a manner other than as permitted by this section shall be subject to the provisions of 18 U.S.C.1017, which provides penalties for the fraudulent or wrongful use of an official seal, and to other provisions of law as applicable.
i 51.55 Establishment.of official NRC flag.
The official flag is based on the desi,gn of the NRC seal.
It is 50 inches by 66: inches in size withra 38-inch diameter seal incorporated in the center of a dark blue field with a gold fringe.
l 51.57 Use of NRC flag.
( a). The use of the flag is. restricted, to. the folicwing:
26
__ --------_------------------------ b m
l I
l (1) On or'in front of NRC installations; (2) At NRC ceremonies; (3) AtconferencesinvolvingofficialNRCparticipation(including
{
permanent display in NRC conference rooms);
1 i
(4) At Governmental or public appearances of NRC executives;
)
(5) In private offices of senior officials; or t
(6) As the Secretary of the Commission otherwise authorizes.
(b) The NRC flag must only be displayed together witn the U.S. flag.
When they are both displayed on a speaker's platform, the U.S. flag must occupy the position of honor and be placed at the speaker's right as he or she faces the audience, and the NRC flag must be placed at the speaker's left.
51.59 Report of violations.
In order to ensure adherence to the authorized uses of the NRC seal and flag as provided in this subpart, a report of each suspected violation of this subpart, or any questionable use of the NRC seal or flag, should be submitted to the Secretary of the Commission.
The following amendments are also being made to other parts of the regula-tions in this chapter.
2.
The authority citation for Part 0 continues to read as follows:
Authority: Sec. 161, 68 Stat. 948, as, amended (42 U.S.C. 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).
60.735-3 [ Amended]
3.
In 50.735-3, paragraphs (e)and(f),removethewords"TheDirector, Office of Administration," and add in their place the words, "The Director, Office of Personnel".
27 o
4 l
60.735-28 [ Amended]
1 4
In 50.735-28, paragraphs (a)(2) erd (b), after the words " Office of I
Administration" add the words "and Resources Management".
4 50.735-49[ Amended]
5.
In 10.735-49, paragraph (a), remove the words "The Director, Office of Administration," and add in their place the words "The Director, Office of Personnel".
6.
The authority citation for Part 2 continues to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).
52.101[ Amended]
7.
In 92.101, paragraphs (c)(3) and (e)(1), remove the words " Antitrust and Economic Analysis Branch," and add in their place the words " Policy Development and Technical Support Branch".
52.201 [ Amended]
8.
In 92.201, in paragraph (a), remove the words " Director, Office of Inspection and Enforcement" and add in their place the words " Deputy Executive Director for Regional Operations"; and in paragraphs (b) and (c),
remove the words " Director, Office of Inspection and Enforcement" and add in their place the words " Deputy Executive Director for Regional Operations or the Deputy's designee"..
!2.202[ Amended]
9.
In 92.202, paragraph (a), remove the words " Director,.0ffice of Inspection and Enforcement" and add in their place the words " Deputy Executive Director for Regional Operations, or the Deputy's designee"; and add to the words " Office of Administration" the words "and Resourets Management"; and in paragraph (f),. remove the words " Director,.0ffice of Inspection and 28
.f Enforcement" and add in their place the words " Deputy Executive Director for.
Regional Operations or the Deputy's designee".
10.
In 92.205, paragraphs (a), (c), (d), (g), (h), and (i) are revised to read as follows:
$2.205 Civil Penalties.
(a) Before instituting any proceeding to impose a civil penalty under section 234 of the. Act, the Deputy Executive Director for Regional Operations,.
or the Deputy's designee, as appropriate, shall serve a written notice of violation upon the person charged. This notice may be included in a notice issued pursuant to 02.201. The notice of violation shall specify the date or dates, facts, and the nature of the alleged act or emission with which the person is charged, and shall identify specifically the particular provision or provisions of the law, rule, regulation, license, permit, or cease and desist order involved in the alleged violation and must state the amount of each proposed penalty. The notice of violation shall also advise the person charged that the civil penalty may be paid in the 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 violation or showing extenuating circumstances. The notice of violation shall advise the person charged that upon failure to pay a civil penalty subsequently determined by f
the Commission, if any, unless compromised, remitted, or mitigated, be collected by civil action, pursuant to section 234c of the Act.
1 (c) If the person charged with violation fails to answer within the time specified in paragraph (b) of this section, an order may be issued imposing the civil penalty in the amount set forth in the notice of violation described in paragraph (a) of this section.
l 29 D
p
' t L
(d) If the person charged with violation files an answer to the notice of violation, the Deputy Executive Director for' Regional Operations, or the i_
Deputy's designee, upon consideration of the answer, will issue an order dismissing the proceeding or imposing, mitigating, or remitting the civil penalty. The person charged may, within twenty (20) days of the date of the order or other time specified in the order, request a hearing.
(g) The Deputy Executive Director for Regional Operations, or the Deputy's designee, as appropriate may compromise any civil penalty, subject'to the provisions of $2.203.
(h) If the civil penalty is not compromised, or is not remitted by the Deputy Executive Director for Regional Operations, or the Deputy's designee, as appropriate, the presiding officer, or the Commission, and if payment is not made within ten (10) days following either the service of the order described in paragraph (c) or (f) of this section, or tre expiration of the time for requesting a hearing described in paragraph (d) of this section, the Deputy Executive Director for Regional Operations, or the Deputy's designee, as appropriate, may refer the matter to the Attorney General for collection.
(i) Except when payment is made after compromise or mitigation by the Department of Justice or as ordered by a court of the United States, following reference of the matter to the Attorney General for collection, payment of I
civil penalties imposed under section 234 o,f the Act shall be made by check, draft, or mney order payable to the Treasurer of the United States, and mailed to the Director, Office of Enforcement.
11.
In92.206, paragraphs (a)and(b)arerevisedtoreadasfollows:
$2.206 Requests for acticn under this subpart.
(a).' Any person may file a request.to institute a proceeding pursuant to 30 I
52.202 to modify, suspend, or revoke a license, or for such other action as may be proper. Such a request shall be addressed to the Executive Director for Operations and shall be filed either (1) by delivery to the Public Document Room at 1717 H Street, NW, Washington, DC, or (2) by mail or telegram addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Commission, Washington, DC 20555. The requests shall specify the action requested and set forth the facts that constitute the basis for the request.
(b) Within a reasonable time after a request pursuant to paragraph (a) of this section has been received, the Director of the NRC office with responsibility for the subject matter of the request shall either institute the requested proceeding in accordance with this subpart or shall advise the person who made the request in writing that no proceeding will be instituted in whole or in part, with respect to the request, and the reasons for the decision.
1 12.
In 62.802, paragraphs (b) and (g) are revised to read as follows:
$2.802 Petition for rulemaking.
(b) A prospective petitioner is encouraged to confer with the staff prior to the filing of a petition for rulemaking. Questions regarding applicable NRC regulations sought to be amended, the procedures for filing a petition for rulemaking, or requests for a meeting with,the appropriate NRC staff to discuss discussapetitionshouldbeaddressedtotheDirector,Divisfonif%~le'sind Records, Office of Administration and Resources Management, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Chief, Rules and l
Procedures Branch. A prospective petitioner may also telephone the Division of Rules and Records on 301-492-7066 cr Toll Free on 800-368-5642.
31 L
.n.
.s. 'i r
(g) The~ Director, Division of' Rules and Records, Office of Administration and Resources Management, will prepare on a quarterly basis a summary of petitions.for rulemaking before the Commission, including the status of each petition.
A copy of.the report will be available for public inspection and copying for a fee in the Comission's Public Document Room,1717 H Street NW,
- Washington, DC.
L Part2,AppendixC,ParagraphVII[ Amended]
13.
In Part 2, Appendix C, Paragraph VII, remove the words " Director, Office of Inspection and Enforcement" and add in their place the words " Deputy i
Executive Director for Regional Operations (DEDRO)"; remove the letters "IE" and add in their place the. letters "DEDR0"; and in footnote 5 to that paragraph, add after the words " Director, Office of Administration" the words "and Resources Management".
- 14. The authority citation for Part 7 is revised to read as follows:
Authority: - Sec.161, 68 Stat. 948, as amended (42 U.S.C.2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); Pub. L.92-463, 86 Stat. 770 (5 U.S.C. App. I).
67.19 [ Amended]
15.
In 67.19, paragraph (b), after the words " Office of Administration" add the words'"and Resources Management".
- 16. The-authority citation for Part 9 continues to read as follows:
Authority: Sec.161, 68 Stat. 948, as amended (42' U.S.C. 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).
69.53 [ Amended]
17.
In 69.53, paragraphs (a) and (b), after the words " Director, Office.of Administration" add the words "and Resources Panagement!'.
32
k O
99.54 [ Amended]
18.
In 99.5a, paragraph (b), after the words " Director, Office of Administration," add the words "and Resources Management".
99.65[ Amended]
l l
19.
In 99.65, paragraph (a), after the words " Director, Office of l
Administration," add the words "and Resources Management".
99.66 [ Amended]
i 1
20.
In 99.66, paragraphs (a)(1), (a)(2), (a)(3), and (c)(2), after the words " Director, Office of Administration," add the words "and Resources Management".
99.69[ Amended]
1 21.
In 99.69, paragraph (a), after the words " Director, Office of Administration," add the words "and Resources Management".
- 22. Section 9.85 is revised to read as follows:
99.85 Fees.
The NRC shall charge fees for search for or review of records requested pursuant to this subpart or for making copies or extracts of records in order to make them available for review. The NRC shall charge fees established pursuant to 5 U.S.C. 552a(f)(5) according to the schedule contained in 999.33 and 9.35 of this part for actual copies of records requested by individuals pursuant to the Privacy Act of 1974, unless the Director, Office of Administration and Resources Management, waives the fees because of the 1
inability of the individual to pay or because making the records available without cost, or at a reduction in cost, is otherwise in the public interest.
- 23. The authority citation for Part 10 continues to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).
33
_______m________
j f
$10.5 [ Amended]
I 24.
In 510.5, paragraph (b), after the words " Director, Office of Administration", add the words "and Resources Management".
l 910.12[ Amended]
25.
In 510.12, paragraph (a), after the words " Director, Office of j,
Administration", add the words "and Resources Management".
510.21[ Amended]
- 26. In 510.21, after the words " Director, Office of Administration,"
add the words "and Resources Management".
I S10.22[ Amended]
27.
In 510.22, in the introductory paragraph and in paragraphs (c), (d),
and (e), after the words " Director, Office of Administration", add the words "and Resources Management" 010.23 [ Amended]
28.
In 910.23, paragraphs (a) and (b), after the words " Director, p
Office of Administration", add the words "and Resources Management".
510.24 [ Amended]
29.
In 610.24, paragraphs (a) and (b), after the words " Director, Office of Administration", add the words "and Resources Management".
910.27 [ Amended]
- 30. In 610.27, paragraph (c), after the words " Director, Office of Administration", add the words "and Resources Management".
610.28[ Amended]
31.
In 510.28, paragraph (m), after the words " Director, Office of Administration", add the words "and Resources Management".
510.29 [ Amended]
32.
In $10.29, paragraph (d), after the words " Director, Office of 3
34
a.
I l
Administration", add the words "and Resources Management".
610.30[ Amended]
. = _
33.
In $10.30, after the words " Director, Off m of Administration",
add the words "and Resources Management".
910.31[ Amended]
- 34. In 510.31, paragraph (a), after the words " Director, Office of Administration,", add the words "and Resources Management".
$10.32 [ Amended]
35.
In 510.32, paragraph (b), after the words " Director, Office of Administration", add the words "and Resources Management".
610.33 [ Amended]
]
36.
In 910.33, paragraphs (c) and (d), after the words " Director, Office of Administration", add the words "and Resources Management".
j 1
910.34[ Amended]
)
- 37. In 510.34, paragraph (b), after the words " Director, Office of 1
Administration", add the words "and Resources Management".
I 610.35[ Amended]
38.
In 510.35, paragraph (b), after the words " Director, Office of j
Administration!', add the words "and Resources Management".
610.37[ Amended]
l 1
39.
In 910.37, after the words " Director, Office of Administration",
l i
add the words "and Resources Management".,
-~
~
- 40. The authority citation for Part 11 cortinues to' read as follows:
~
~
Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, l
88 Stat. 1242, as amended (42 U.S.C. 5841).
911.16[ Amended]
41, In 911.16, after the word " Chief," remove the words " Facilities and" 35
l
. s and leave the words " Personnel Security Branch".
'42.
The authority citation for Part 15 continues to read as follows:
Authority: Sec.161,68 Stat.948,asamended(42U.S.C.2201);sec.201, 88 Stat. 1242, as amended (42 U.S.C. 5841).
-915.3 [ Amended]
- 43.. In $15.3, remove the word " Controller" and add in its place the words
" Director, Office of Administration and Resources Management".
- 44. In $15.35, paragraph (c) is revised to read as follows:
l 515.35 Payments.
(c) To whom payment is made. Payment of a debt is made by check, electronic transfer, draft, or money order payable to the United States Nuclear Regulatory Comission and mailed or delivered to the Division of Accounting and Finance, Office of Administration and Resources Management, U. S. Nuclear Regulatory Commission, Washington, DC 20555, unless payment is--
- 45. The authority citation for Part 19 continues to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).
619.5 [ Amended]
- 46. In 919.5, remove the words " Director, Office of Inspection and Enforcement" and add in their place the words " Regional Administrator of the appropriate U.S. Nuclear Regulatory Commission Regional Office listed in Appendix D of Part 20 of this chapter".
47.
In $19.11, paragraph (c), Note is revised to read as follows:
519.11 Posting of notices to workers.
e e
+
+
b5
II.
d.
c, ;
l' L
(c)
- t,'OT E: Copies of Form NRC-3 may be obtained by writing to the Regional Admitostrator of the appropriate U. S. Nuclear Regulatory Comission Regional Office listed in Appendix D of Part 20 of this chapter.
$19.16[ Amended]
48.
In 519.16, in paragraph (a), remove the words " Director of Inspection and Enforcement, to the" and " Director of Inspection and Enforcement"; and in paragraph (b), remove the words " Director of Inspection and Enforcement or".
s19.17 [Amenced]
- 49. In 619.17, paragraphs (a) and (b), remove the words " Director of Inspection and Enforcement or the".
- 50. The authority citation for Part 20 continues to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat.1242,asamended(42V,S.C.5841).
620.103 [ Amended]
' 51.
In 520.103, paragr4% (a)(1) footnote 5, remove the words " Standards
. Development" and add in their place the words " Nuclear Regulatory Research";
and in' paragraph (g), remove the words " Inspection and Enforcement" from the words " Nuclear Regulatory Commission Inspection and Enforcement Regional Office".
620.205[ Amended]
- 52. In 620.205, paragraph (b)(2),removethewords"Inspectionand Enforcement" from thg words " Nuclear Regulatory Comission
- ~ ~ ~ ~ ~ ~
Inspection and Enforcement Regional Office".
- 53. The authority citation for Part 21 continues to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat.1242, as amended (42 U.S.C. 5841).
37 E_
a 54.
Section 21.5 is revised to read as follows:
621.5 Communications.
Except where otherwise specified in this part, all communications and reports concerning the regulations in this part should be addressed to the Director, Office of Nuclear Reactor Regulation, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, U.S. Nuclear Regulatory commission, Washington, DC 20555, or to the Administrator of a Regional Office at the address specified in Appendix D of Part 20 of this chapter.
Communications and reports also may be delivered in person at the Commission's offices at 1717 H Street, NW, Washington, DC; at 7920 Norfolk Avenue, Bethesda, MD; or at a Regional Office at the location specified in Appendix D of Part 20 of this chapter, 55.
In $21.21, paragraph (b)(2) is revised to read as follows:
$21.21 Notification of failure to comply or existence of a defect.
(b) *
(2) Initial notification required by this paragraph must be made within 2 days following receipt of the information. Nr,tification must be made to the Director, Office of Nuclear Reactor Regulation, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, U.S. Nuclear Regulatory Commission, Washington, DC 20555, or to the Administrator of a Regional
?
Office.
If initial notification is by means other than written communication, a written report must be submitted to the appropriate Office within 5 days after the information is obtained. Three copies of each report must be submitted to the Director, Office of Nuclear Reactor Regulation, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate.
- 56. The authority citation for Part 25. continues..to read as. follows:
38
8.
Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).
$25.33[ Amended]
57.
In 525.33, paragraph (c), after the words " Office of Administration" add the words "and Resources Management".
- 58. The authority citation for Part 30 continues to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201,
- 88. Stat. 1242, as amended (42 U.S.C. 5841).
530.7 [ Amended]
59.
In 530.7, paragraph (e) Note, place a period after the word
" chapter" and remove the words "or the Director, Office of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555".
530.55 [ Amended]
60.
In 530.55, paragraph (c), remove the words " Inspection and Enforcement" from the words " Director of Inspection and Enfor:ement", and add in their place the words " Director, Office of Nuclear Material Safety and Safeguards" and remove the words " Inspection and Enforcement" from the words " Office of Inspection and Enforcement" and add in their place the words J
" Nuclear Material Safety and Safeguards".
- 61. The authority citation for Part 31 continues to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).,
631.5 [ Amended]
62.
In 631.5, paragraph (c)(5), remove the words " Inspection and
[
Enforcement" from the words " Nuclear Regulatory Commission l
Inspection and Enforcement Regional Office".
63.
The authcrity citation for Part 34 continues to read as follows:
39 l
a
4 I
i Authority:
Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, j
88 Stat. 1242, as amended (42 U.S.C. 5841).
f34.25[ Amended]
64.
In 934.25, paragraph (d), remove the words " Inspection and Enforcement" from the words " Nuclear Regulatory Commission's Inspection and Enforcement Regional Office".
- 65. The authority citation for Part 35 continues to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, i
88 Stat. 1242, as amended (42 U.S.C. 5841).
935.59[ Amended]
66.
In $35.59, paragraph (e)(2), remove the words " Director of Inspection and Enforcement" and add in their place the words " Director, Office of Nuclear A-Material Safety and Safeguards".
67.
The authority citation for Part 40 continues to read as follows:
Authority:
Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).
f40.7[ Amended]
C8.
In 540.7, paragraph (e) Note, place a period after the word " chapter" and remove the words "or the Director, Office of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555."
$40.25[ Amended]
69.
In 540.25, in paragraph (c)(1), remove the words " Director of Inspection and Enforcement", and add in their place the words " Director, Division of Fuel Cycle, Medical, Academic, and Commercial Use Safety" and add after the zip code "20555" the words "with a copy to the appropriate NRC Regional Administrator"; in paragraphs (c)(2) and (d)(4), remove the words
" Director of :nspecticn and Enforcement" and acd in their place the words 4
40
_s e
" Director, Division of Fuel Cycle, Medical, Academic, and Commercial Use Safety, with a copy to the Regicnal Administrator of the appropriate U.S.
Nuclear Regulatory Commission Regional Office listed in Appendix D of Part 20 of this chapter".
540.26[ Amended]
70.
In 540.26, paragraph (c)(2), remove the words " Director, Office of Inspection and Enforcement" and add in their place the words " Division of Low-Level Waste Management and Decommissioning, Office of Nuclear Material Safety and Safeguards".
940.35[ Amended]
l 71.
In 540.35, paragraph (e)(1), remove the words " Director of Inspection and Enforcement" and add in their place the words " Director, Office of Nuclear Material Safety ano Safeguards".
l
$40.64[ Amended]
72.
In $40.64, paragraphs (a) and (b), add after the words " Division of I
Safeguards" the words "and Transportation"; and paragraph (c), remove the words
" Director of Inspection and Enforcement" and add in their place the words
" Director, Office of Nuclear Material Safety and Safeguards".
i l
640.65[ Amended]
73.
In 940.65, paragraph (a)(1), remove the title " Director of Inspecticn and Enforcement" and add in its place the words " Director, Office of Nuclear Material Safety and Safeguards".
Part 40, Appendix A, Criterion 8A [ Amended]
74.
In Appendix A, Criterion 8A, the words " regional office" should be capitalized to read " Regional Office" and remove the words " Inspection and Enforcement" from the address and add in their place the words " Nuclear Material Safety and Safeguards".
41
\\
- 75. The authority citation for Part 50 continues to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).
!50.4[Anended]
- 76. In 550.4, paragraphs (c) and (f), remove the words " Division of Technical Information and Document Control" and add-in their place the words
" Division of Information Support Services", and remove the telephone number "492-8585" and add in its place "492-8304".
$50.7[ Amended]
- 77. In 550.7, paragraph (e) Note, place a period after the words
" chapter" and remove the words "or the Director, Office of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555."
78.
In $50.49, paragraph (b)(3), footnote 4 is revised to read as follows:
950.49 Environmental qualification of electric equipment important to safety for nuclear power plants.
(b)
(4) 4 Specific guidance concerning the types of variables to be monitored is l
provided in Revision 2 of Regulatory Guide,1.97, " Instrumentation for Light-Water-Cooled Nuclear Power Plants to Assess Plant and Environs Conditions During and Following an Accident." Copies of the Regulatory Guide may be purchased through the U. S. Government Printing Office by calling 202-275-2060 or by writing to the U. S. Government Printing Office, P. O. Box 37082, Washington, DC 20013-7C82..
42 l
e a 950.70 [ Amended]
79.
In !50.70, paragraphs (b)(1) and (b)(2), remove the words " Inspection and Enforcement" from the words " Director, Office of Inspection and Enforcement", and add in their place the words " Nuclear Reactor Regulation".
- 80. The authority citation for Part 51 continues to read as follows:
Authority:
Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat. 1242 (42 U.S.C. 5841).
551.4 [ Amended]
81.
In $51.4, under the definition of "NRC staff director", remove the words " Director, Office of Inspection and Enforcement," and remove the words
" Office of State Programs" and add in their place the words " Office of Governmental and Public Affairs".
951.122 [ Amended]
82.
In 951.122, after the words "NRC Office of Administration" add the words "and Resources Management".
551.123[ Amended]
83.
In 051.123, paragraph (b), remove the words " Division of Technical Information and Document Control" and add in their place the words " Division of Information Support Services".
- 84. The authority citation for Part 60 continues to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).,
560.9 [ Amended]
- 85. In 560.9 paragraph (e) Note, place a period after the word
" chapter" and remove the words "or the Director, Office of Inspection and Enforcement U.S. Nuclear Regulatory Commissicn, Washington, D.C. 20555."
43 c_____
h
. 4 r
660.44[ Amended]
86.
In 960.44,- paragraph (b)', remove the words " Director of Inspection and Enforcement" and add in their place the words " Director, Office of Nuclear Material Safety and Safeguards".-
560.75 [ Amended]
87.
In.660.75, paragraphs-(c)(1)and(c)(2),removethewords" Inspection
, and Enforcement" from the words " Director, Office of Inspection and Enforcement" and add in their place the words " Nuclear Material Safety a.d Safeguards".
- 88. The authority citation for Part 61 continues to l'ead as follows:
Authority: Sec. -161, 68 Stt :., 948, as amended (42 U.S.C. 2201);- sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).
961.9[ Amended]
l..
89.-
In 961.9, paragraph (e) Note, place a period after the word
" chapter" and remove the words "or the l'irector, Office of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555."
l
-961.80[ Amended]
90.- In 961.80, paragraph (t)(1), remove the words " Director of the Office of Inspection and Enforcement"; remove the words " Director of the Divisien of Waste Management" and add in their place the words" Director, Division of High-Level Waste Management, Office of Nuclear Material Safety and Safeguards";
and remove the letters "USNRC" in the same, address and add be their place.the-l words "U.S. Nuclear Regulatory Commission".
L
- 91. The authority citation for Part 70 continues tc read as follows:
1 Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, l-88 Stat. 1242, as amended (42 U.S.C. 5841).
E70.7 [Amendedl 44 o.
_ _ _ _ - - _ _ _ _ _ _ - _ - _ _ _ ___ _ - _ _ a
r.
92.
In 570.7, paragraph (e) Note, place a period after the word
" chapter" and remove the words "or the Director, Office cf Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washingten D.C. 20555."
570.55[ Amended]
93.
In 970.5S, paragraphs (c)(1) and (c)(2), remove the words " Inspection and Enforcement" from the wprds " Director, Office of Inspection and Enforcement" and add in their place the words " Nuclear Material Safety and Safeguards or the appropriate NRC Regional Administrator".
670.59[ Amended]
94 In 670.59, paragraph (a)(1), remove the words" Director of Inspection and Enforcement" and add in their place the words " Director, Office of Muclear Material Safety and Safeguards".
- 95. The authority citation for Part 71 continues to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).
671.93[ Amended]
96.
In 971.93, paragraph (c), remove the word " Director" and add in its place the words " Regional Administrator".
$71.97[ Amended]
97.
In 571.97, paragraph (c), remove the word " Director" and add in i
its place the words " Regional Administrator"; and in paragraph (c)(3)(111),
remove the words " Office of State Programs" and add in their place the words
" Office of Governmental and Public Affairs"; and in paragraph (f), remove the word " Director" and add in its place the words " Regional Administrator".
- 98. The authority citation for Part 72 continues to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201,
)
88 Stat. 1242, as amended (42 U.S.C. 5841).
45 L-_-_______.
o
. 4 67E.10[ Amended]
99.
In !72.10, paragraph (e) tiote, place a period after the werd
" chapter" and remove the words "or the Director, Office of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555."
572.11 [ Amended]
j In $72.11, paragraph (a), remove the words " Division of Fuel Cycle 100.
' ~
and Material Safety" and add in their place the words " Division of Fuel Cycle, Medical, Academic, and Commercial Use Safety".
572.56[ Amended]
101.
In 972.56, paragraphs (c)(1) and (c)(2), remove the words
)
l
" Inspection and Enforcement" from the words " Director, Office of Inspection and Enforcement" and add in their place " Nuclear Material Safety and Safeguards or the appropriate NRC Regional Administrator"; and in paragraph (c)(3), remove l
the word " Director" from the words " Regional Director" and add in its place the word " Administrator"; and in paragraph (e), the words " regional office" should be capitali:ed to read " Regional Office".
102. The authority citation for Part 73 continues to read as follows:
Authority:
Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).
573.37[ Amended]
103.
In 673.37, paragraph (f)(1), remove the words " Office of State Programs" and add in their place the words " Office of Governmental and Public Affairs".
Part73,AppendixA[ Amended]
104. In Appendix A, under the first entry for the NRC Operations Center, in the second column, remove the words "of Inspection and Enforcement" from the entry that reads "USNRC, Office of Inspection and Enforcement" and add in their
.v 46 3
4
__.--__-__._____-_____-______a___-__-______-_-___-____________-___-__
s.
place the words "for Analysis and Evaluation of Operational Data".
105. The authority citation for Part 74 continues to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).
$74.13 [ Amended]
106.
In 574.13, paragraph (b), remove the words " Director of Inspection and Enforcement" and add in their place the title " Director, Office of Nuclear Material Safety and Safeguards".
574.81 [ Amended]
107.
In 974.81, paragraphs (c)(1) and (c)(2), remove the words
" Inspection and Enforcement " from the words " Director, Office of Inspection and Enforcement" and add in their place the words " Nuclear Material Safety and Safeguards or the appropriate NRC Regional Administrator".
108. The authority citation for Part 75 continues to read as follows:
Authority:
Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).
575.6 [ Amended]
109.
In 575.6, paragraphs (a) Table and (d), remove the words " Office cf Inspection and Enforcement".
110. The authority citation for Part 95 continues to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).,
695.18 [ Amended]
111.
In 995.18, paragraph (a), after the words " Office of Administration" add the words "and Resources Management".
$95.45[ Amended]
112.
In !95.45, paragraph (a), after the words " Office of Administration" 47
a 4 I
add the words "and Resources Management".
~
113. The authority citation for Part 150 centinues to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, y
I I
88 Stat. 1242, as amended (42 U.S.C. 5841).
114.
In $150.16, paragraph (b) is revised to read as fo11cws:
j q
$150.16 Submission to Commission of nuclear material transfer reports.
(b)(1) Each person who, pursuant to an Agreement State License, possesses I gram or more of contained uranium-235, uranium-233, or plutonium shall report immediately to the Regional Administrator of the appropriate PRC Regional Office listed in Appendix A of Part 73 of this chapter, by telephone, any theft or other unlawful diversion of special nuclear material which the licensee is licensed to possess or any incident in which an attempt has been made, or is believed to have been made, to commit a theft or unlawful diversion of special nuclear material.
(2) The licensee shall follow the initial report within a period of 15 days with a written report submitted to the appropriate NRC Regional Office, shown in Appendix A of Part 73 of this chapter, which sets forth the details of the incident. The licensee shall send copies of this report to the Director, J
I Office of Nuclear Material Safety and Safeguards., U. S. Nuclear Regulatory q
Comission, Washington, DC 20555.
(3) Subsequent to the submission of the written report r aired by this paragraph, each licensee shall promptly inform the Regional Adm..lstrator of the appropriate NRC Regional Office by means of a written report of any substantive additional information which becomes available to the licensee concerning an attempted or apparent theft or unlawful diversion of special
]
ruclear material.
48 A
9150.17[ Amended]
115.
In $150.17, paragraphs (a) and (b), add after the words " Division of Safeguards" the words "and Transportation,"; and paragraph (c), remove the words " Director Of Inspection and Enforcement", and add after the words "U.S. Nuclear Regulatory Commission" the words "0ivision of Safeguards and Transportation".
5150.19[ Amended]
116.
In 5150.19, paragraph (c), remove the words " Director of Inspection and Enforcement" and add in their place the words " Director, Office of Nuclear fiaterial Safety and Safeguards".
$150.20[ Amended]
117.
In $150.20, paragraph (b)(1), remove the word " Director" and add in its place the words " Regional Administrator" and remove the words
" Inspection and Enforcement" from the words " Nuclear Regulatory Commission Inspection and Enforcement Regionai Office".
118. The authority citation for Part 170 continues to read as follows:
Authority: 31 U.S.C. 9701, 96 Stat. 1051; sec. 301, Pub. L. 92.-314, 86 j
j Stat.222(42U.S.C.2201);sec.201,88 Stat.1242,asamended(42U.S.C.
l 5841).
1 5170.12[ Amended]
i 119.
In 9170.12, paragraph (g), remove the words " Enforcement staff" and
" Inspection and" from the words " Office of Inspection and Enforcement".
I 120.
In 5170.20, paragraph (b) is revised to read as follows:
5170.20 Average cost per professional staff-hour.
I 49 1
.x, (b) Fees for inspections based on full cost under $5170.21 and 170.32 l
will be calculated usirg the hourly rates for NRR and NMSS, respectively, set 1
out in paragraph (a) of this section.
l Dated at Washington, DC, this day of 1987.
For the Nuclear Regulatory Commission.
Samuel J. Chilk, Secretary of the Commission, l
1 1
I
)
l I
SC 1
l n