ML20236V143
| ML20236V143 | |
| Person / Time | |
|---|---|
| Issue date: | 10/05/1987 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| Shared Package | |
| ML20236V100 | List: |
| References | |
| FRN-52FR38391, RULE-PR-30, RULE-PR-40, RULE-PR-70 AC55-2-03, AC55-2-3, NUDOCS 8712040109 | |
| Download: ML20236V143 (10) | |
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[7590-01]
NUCLEAR REGULATORY l
C00 MISSION 10 CFR Parts 30, 40, and 70 Regional Nuclear Materials Licensing for.the United States Navy AGENCY: Nuclear Regulatory Comission.
l ACTION: Final rule.
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SUMMARY
- The NRC is amending its regulations concerning the domestic licensing of source, byproduct, and special nuclear material (collectively referred to as nuclear materials) to transfer the authority for administering the United States Navy license from Headquarters to the NRC Region II office in Atlanta, Georgia. This action is necessary to inform the public of this administrative change.
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EFFECTIVE DATE: December 1, 1987.
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FOR FURTHER INFORMATION CONTACT: George J. Deegan, Program Analyst, Operations Branch, Division of Industrial and Medical Nuclear Safety, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear i
Regulatory Commission, Washington, DC 20555. Telephone: (301)427-4114.
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8712040109 870927 PDR PR 30 52FR38391 PDR 4
2 SUPPLEMENTARY INFORMATION: Each year since 1982 (May 27,1982; 47 FR 23138)
(April 14,1983; 48 FR 16030) (May 9,1984; 49 FR 19630) (April 15,1985; 50 FR 14692) (October 8,1986; 51 FR 35999), the Nuclear Regulatory Comission (NRC) published rules decentralizing most domestic licensing of nuclear i
materials. The NRC is amending its codified regulations to reflect that the United States Navy license is now included in its decentralization program.
This is accomplished by amending 10 CFR 30.6,10 CFR 40.5, and 10 CFR 70.5 to remove the reference to the exception for the United States Navy.
The NRC recently consolidated approximately one hundred eighty individual United States Navy licenses into one " master" license with many individual permits.
During the consolidation and for a short time after it Headquarters retained the regulatory authority for the Navy licensing effort to maintain continuity.
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NRC Headquarters has now transferred this authority to the appropriate Regional Office (Region II, Atlanta, Georgia), consistent with similar delegations which affected nearly all other Federal licenses in 1985 and 1986.
Accordingly, with respect to licenses issued pursuant to 10 CFR Parts 30 through 35, 39, 40, and 70, the revisions to 10 CFR 30.6, 40.5, and 70.5 require the Navy to contact the appropriate Regional office, rather than NRC Headquarters offices, for license applications, renewals, and revisions.
Because delegations of authority to the Regional Administrator are contained in NRC Manual Chapter 0128, the changes to il 30.6. 40.5, and 70.5 are procedural amendments only. For purposes of casuunications, the revised sections indicate the type of licensing authority already delegated administratively to the Regional Administrator.
Because these are amendments dealing with Agency practice, procedure, and prov os n ta y dr ont ppi amendments are effective December 1,1987.
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3 ENVIRONMENTAL IMPACT - CATEGORICAL EXCLUSION l
The NRC has determined that this final rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(3)(i). Accordingly, pursuant to 10 CFR l
51.22(b), neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.
PAPERWORK REDUCTION ACT STATEMENT This final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1980(44U.S.C.3501et seq.). Existing requirements were approved by the Office of Management and Budget approval numbers 3150-0017 for Part 30, 3150-0016 for Part 31, 3150-0001 for Part 32, 3150-0015 for Part 33, 3150-0007 for Part 34, 3150-0010 for Part 35, 3150-0130 for Part 39, 3150-0020 for Part 40, and 3150-0009 for Part 70.
LIST OF SUBJECTS IN 10 CFR PARTS 30, 40, AND 70
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Part 30 - Byproduct material, Government contracts, Intergovernmental relations, Isotopes, Nuclear materials, Penalty, Radiation protection, Reporting and recordkeeping requirements.
Part 40 - Government contracts. Hazardous acterials-transportation, Nuclear materials, Penalty, Raporting and recordkeeping requirements, Source material, I
and Uranium.
i Part 70 - Hazardous materials-transportation, Nuclear materials Packaging and containers, Penalty, Radiation protection, Reporting and recordkeeping requirements.
Scientific equipment, Security measures, Special nuclear material.
Under the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 552 and 553, the following amendments to 10 CFR Parts 30, 40, and 70 are published as a document subject to codification.
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PART 30 - RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL 1.
The authority citation for Part 30 continues to read as follows:
1 AUTHORITY: Secs. 81, 82,161,182,183,186, 68 Stat. 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201, as amended. 202, 206, 88 Stat.1242, as amended, 1244,1246 (42 U.S.C. 5841, 5842, 5846).
I Section 30.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 (42 U.S.C.
5851). Section 30.34(b) also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 30.61 also issued under sec.187, 68 Stat. 955 (42 U.S.C. 2237).
q For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
il 30.3, 30.34(b) and (c), 30.41(a) and (c), and 30.53 are issued under sec.
161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); and il 30.6, 30.36, 30.51, 30.52, 30.55, and 30.56(b) and (c) are issued under sec.1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
2.
In i 30.6, paragraphs (b)(2) (1), (ii), (iii), (iv), and (v) are amended by deleting the phrase, "With the exception of the United States Navy," also, the introductory text of paragraph (b) and paragraph (b)(1) are revised to read as follows:
630.6 Communications.
(b) The Comission has delegated to the five Regional Administrators licensing authority for selected parts of its decentralized licensing program for nuclear materials as described in paragraph (b)(1) of this section. Any communication, report, or. application covered under this licensing program must be submitted as specified in paragraph (b)(2) of this section.
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(1) The delegated licensing program includes authority to issue, renew, amend, cancel, modify, suspend, or revoke licenses for-nuclear materials issued pursuant to 10 CFR Parts 30 through 35, 39, 40, and 70 to all persons for academic, medical, and industrial uses, with the following exceptions:
(i) Activities in the fuel cycle and special nuclear material in quantities sufficient to constitute a critical mass in any room or area. This exception does not apply to license.
modifications relating to termination of special nuclear material licenses that authorize possession of larger quantities when the. case is referred for action from NRC's Headquarters to the Regional Administrators.
(ii)
Health and safety design review of sealed sources and devices and approval, for licensing purposes, of sealed sources and devices.
(iii)
Processing of source material for extracting of metallic compounds (including Zirconium, Hafnium, Tantalum, Titanium, Niobium,etc.).
I (iv)
Distribution of products containing radioactive material to persons exempt pursuant 10 CFR 32.11 through 32.26.
(v)
New uses or techniques for use of byproduct, source, or special'
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nuclear material.
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PART 40 - DOMESTIC LICENSING OF SOURCE MATERIAL 3.
The authority citation for Part 40 continues to read as follows:
AUTHORITY: Secs. 62, 63, 64, 65, 81,161,182,183,186, 68 Stat. 932,
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933, 935, 948, 953, 954, 955, as amended, secs.11e(2), 83, 84, Pub. L.95-604, 92 Stat. 3033, as amended. 3039, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2014(e)(2), 2092, 2093, 2094, 2095, 2111, 2113, 2114, 2201, 2232, 2236, 2282); sec. 274, Pub. L.86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as amended. 202, 206, 88 Stat.1242, as amended, 1244,1246(42U.S.C.
5841, 5842, 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L.97-415, 96 Stat. 2067 (42 U.S.C. 2022).
Section 40.7 also issued under Pub. L.95-601, sec.10, ~92 Stat. 2951 (42 U.S.C.
5851). Section 40.31(g) also issued under sec.122, 68 Stat. 939 (42 U.S.C.
2152). Section 40.46 also issued under sec.184, 68 Stat. 954, as amended
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(42 U.S.C. 2234).
Section 40.71 also issued under sec.187, 68 Stat. 955 (42 U.S.C. 2237).
For the purposes of sec. 223, 68 Stat. 958, cs amended (42 U.S.C. 2273); il 40.3, 40.25(d)(1)-(3), 40.35(a)-(d), 40.41(b) and (c), 40.46, 40.51(a) and (c), and 40.63 are issued under sec.161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b));
and il 40.5, 40.25(c), (d)(3), and (4), 40.26(c)(2), 40.35(e), 40.42, 40.61, 40.62, 40.64, and 40.65 are issued under sec.161o 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
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In i 40.5, paragraphs (b)(2) (1), (ii), (iii), (iv), and (v) are amended by deleting the phrase, "With the exception of the United States Navy," also, the introductory text of paragraph (b) and paragraph (b)(1) are revised to read as follows:
6 40.5 Communications.
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.j (b) The Commission has delegated to the five' Regional Administrators licensing authority for selected parts of its decentralized licensing-program for nuclear materials as described in paragraph (b)(1) of-this section. Any communication, report, or application covered under this licensing program must be submitted as specified in l
paragraph (b)(2) df this section.
(1) The delegated licensing program includes authority to issue, renew, amend, cancel, modify, suspend, or revoke licenses for nuclear materials issued pursuant to 10 CFR Parts 30 through 35, 39, 40, and 70 to all' persons' for academic, medical, and I
i industrial uses, with the following exceptions:.
(i) Activities in the fuel cycle and special nuclear material in quantities sufficient to constitute a critical mass in any room or area.
This exception does not apply to license modifications relating to termination of special nuclear material licenses that authorize possession of larger quantities when the case is referred for action from NRC's Headquarters to the Regional Administrators.
(ii) Health and safety design review of sealed sources and devices and approval, for licensing purposes, of sealed sources and j
l-devices.
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(iii) Processing of source material for extracting of metallic i
compounds (including Zirconium, Hafnium, Tantalum. Titanium, l
Niobium,etc.).
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(iv)
Distribution of products containing radioactive unterial to persons exempt pursuant 10 CFR 32.11 through 32.26.
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8 (v)
New uses or techniques for use of byproduct, source, or-special nuclear material.
PART 70 - DOESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL 5.
The authority citation for Part 70 continues to read as follows:
AUTHORITY: Secs. 51, 53,161,182,183, 68 Stat. 929, 930, 948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended -(42 U.S.C. 2071, 2073, 2201, 2232,2233,2282); secs.201,asamended, 202, 204, 206.- 88 Stat.1242, as amended, 1244,1245,1246 (42 U.S.C. 5841, 5842, 5845, 5846).
Section 70.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 (42'U.S.C.
5851).
Section 70.21(g) also issued under sec.122, 68 Stat. 939 (42 U.S.C.
2152). Section 70.31 also issued under sec. 57d, Pub. L.93-377, 88 Stat. 475.
(42 U.S.C. 2077). Sections 70.36 and 70.44 also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 70.61 also issued under secs. 186,187, 68 Stat. 955 (42 U.S.C. 2236, 2237).
Section 70.62 also issued under sec.108, 68 Stat. 939, as amended (42 U.S.C. 2138).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); il 70.3 70.19(c), 70.21(c), 70.22(a), (b) (d)-(k), 70.24(a) and (b), 70.32(a)(3), (5),(6),
(d), and (1), 70.36, 70.39(b) and (c), 70.41(a), 70.42(a) and (c) 70.56,70.57(b),
(c), and (d). 70.58(a)-(g)(3), and (h)-(j) are issued under sec.161b, 68 Stat.
948, as amended (42 U.S.C. 2201(b)); il 70.7, 70.20a(a) and (d), 70.20b(c) and (e), 70.21(c), 70.24(b), 70.32(a)(6), (c), (d), (e), and (g), 70.36,70.51(c)-(g),
70.56, 70.57(b) and (d), and 70.58 (a)-(g)(3) and (h)-(j) are issued 'under sec.- 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(1)); and il 70.5, 70.20b(d) and (e), 70.38, 70.51(b) and (i), 70.52, 70.53, 70.54, 70.55, 70.58(g)(4), (k), and (1), 70.59, and 70.60(b) and (c) are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
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9 6.
In 5 70.5, paragraphs (b)(2) (i), (ii), (iii), (iv), and (v) are amended by deleting the phrase, "With the exception of the United States Navy," also, the introductory text of paragraph (b) and paragraph (b)(1) are revised to read as follows:
l 670.5 Communications.
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l (b) The Commission has delegated to the five Regional Administrators
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licensing authority for selected parts of its decentralized licensing l
program for nuclear materials as described in paragraph (b)(1) of this section. Any communication, report, or application covered under this licensing program must be submitted as specified in paragraph (b)(2) of this section.
(1) The delegated licensing program includes authority to issue. -
renew, amend, cancel, modify, suspend, or revoke licenses for.
nuclear materials issued pursuant to 10 CFR Parts 30 through
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35, 39, 40, and 70 to all persons for academic, medical, and industrial uses, with the following exceptions:
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(1)
Activities in the fuel cycle and special nuclear material in l
quantities sufficient to constitute a critical mass in any l
room or area. This exception does not apply to license l
I modifications relating to temination of special nuclear material licenses that authorize possession of larger quantities when the case is referred for action from NRC's i
Headquarters to the Regional Administrators.
'l (ii) Health and safety design review of sealed sources and devices j
and approval, for licensing purposes, of sealed sources and j
devices.
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10 (iii) Processing of source matertal' for extracting of metallic compounds (including Zirconium, Hafnium, Tantalum, Titanium, Niobium,etc.).
(iv)
Distribution of products containing radioactive material to persons exempt pursuant 10 CFR 32.11 through 32.26.
(v)
New uses or techniques for use of byproduct, source, or special nuclear material.
Dated at Bethesda, MD, this 6 day of
/b_r1987.
FOR THE NUCLEAR REGULATORY C0694ISSION s'
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MorSt/Lle[J[
Executive Director for Operations l
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