ML20215H508

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Final Rules 10CFR30,40 & 70, Regional Nuclear Matls Licensing for Us Air Force, Decentralizing Licensing Process.Region IV Authority Exented to Include Licensing of Us Air Force
ML20215H508
Person / Time
Issue date: 09/26/1986
From: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML20215H368 List:
References
FRN-51FR35999, RULE-PR-30, RULE-PR-40, RULE-PR-70 AC31-2-03, AC31-2-3, AC31-2-4, AC31-2-6, NUDOCS 8610230263
Download: ML20215H508 (10)
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NUCLEAR REGULATORY COMMISSION 10 CFR Parts 30, 40, and 70 Regional Nuclear Materials Licensing for the United States Air Force AGENCY: Nuclear Regulatory Comission.

ACTION: Final rule.

SUMMARY

The NRC is amending its regulations concerning the domestic licensing of source, byproduct, and special nuclear material (collectively referred to as nuclear materials) to provide for further decentralization of the NRC licensing process. This amendment extends to the Region IV Office the same authority for the United States Air Force license as they now possess for nearly all other Federal activities.

EFFECTIVE DATE:

l FOR FURTHER INFORMATION CONTACT: Vandy L. Miller, Chief, Material Licensing .

Branch, Division of Fuel Cycle and Material Safety, Office of Nuclear' Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555 Telephone: (301) 427-4002.

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j SUPPLEMENTARY INFORMATION: Each year since 1982, (May 27,1982; 47 FR 23138) l (April 14,41983; 48 FR 16030) (May 9, 1984; 49 FR 19630) (April 15, 1985; 50 FR 14692) the Nuclear Regulatory Commission (NRC) published rules decentral-izing most domestic licensing of nuclear materials. The NRC is amending its regulations to include the United States Air Force license in its decentralization  ;

I program.

The NRC recently consolidated approximately 70 individual United States Air Force licenses into one " master" license with many individual pemits. During 4

the consolidation and for a short time after it, Headquarters retained the j regulatory authority for the Air Force licensing effort to maintain continuity.

NRC Headquarters is now prepared to transfer this authority to the appropriate l

Regional Office, consistent with a similar delegation which affected nearly all other Federal licenses in 1985.

With respect to licenses issued pursuant to 10 CFR Part 30 through 35, 40, and 70, revisions to 10 CFR 30.6, 40.5, and 70.5 would require the Air Force to contact the appropriate Regional office, rather than NRC Headquarters offices, for license applications, renewals, and revisions. This action now incorporates the U.S. Air Force license into the NRC Regional materials licensing program.

} The only Federal licensee not included in the decentralization program is the l United States Navy. Navy submittals under Parts 30 through 35, 40 and 70 will

! continue to be sent to the Office of Nuclear Material Safety and Safeguards (NMSS). These licenses have not been included because the Navy is currently in the process of submitting a proposal for a " master" materials license with the NRC, which would, if approved, consolidate over one hundred individual licenses into one license. Following this consolidation, it is intended that the licensing authority for the Navy also will be delegated to the appropriate q

Region.

) 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 nonsubstantive amendments. The revised sections indicate the type of licensing authority delegated to the Regional Administrator.

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Because these 'are amendments dealing with Agency practice, procedure, and organization, the notice and comment provisions of the Administrative i Procedure Act do not apply pursuant to 5 U.S.C. 553 (b)(A). The amendments are effective October 1,1986. Gcod cause exists to dispense with the usual 30-day delay in the effective date because the amendments are of a minor and l administrative nature dealing with a matter of Agency practice that for administrative convenience should begin with a new fiscal year.

ENVIRONMENTAL IMPACT - CATEGORICAL EXCLUSION The NRC has detennined that this final rule is the type of action described in categoricalexclusion10CFR51.22(c)(3)(i). Accordingly, pursuant to 10 CFR 51.22(b), neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.

PAPERWORK REDUCTION ACT STATEMENT l '

This final rule does not contain a new or amended-information collection requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et ,

seq.). Existing requirements were approved by the Office of Management and Budget approval numbers 3150-0017 for Part 30, 3150-0016 for Part 31, l

3150-0001 for Part 32, 3150-0015 for Part 33, 3150-0007 for Part 34, 3150-0010

' l for Part 35, 3150-0020 for Part 40, and 3150-0009 for Part 70. '

LIST OF SUBJECTS IN 10 CFR PARTS 30, 40, AND 70

  • Part 30 - Byproduct material, Government contracts, Intergovernmental relations,
Isotopes. Nuclear materials, Penalty, Radiation protection, Reporting arid recordkeeping requirements.

Part 40 - Government contracts, Hazardous materials-transportation, Nuclear materials, Penalty, Reporting and recordkeeping requirerents Source material, and Uranium.

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l Part 70 - Hazardous materials-transportation, Nuclear materials, Packaging and containers, Penalty, Radiation protection, Reporting ana 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 a

10 CFR Parts 30, 40, and 70 are published as a document subject to codification.

PART 30 - RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL

1. The authority citation for Part 30 is revised to read as follows:

AUTHORITY: Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201, as amended, 202, 206, 88 Stat. 1242, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

Section 30.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 (42 U.S.C.

5851). Section 30.34(b) also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 30.61 also issued under sec.187, 68 Stat. 955 (42 i

U.S.C. 2237).

i 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 i Stat. 948, as amended (42 U.S.C. 2201(b)); and il 30.6, 30.36, 30.51, 30.52, j 30.55, and 30.56(b) and (c) are issued under sec. 1610, 68 Stat. 950, as amended (42U.S.C.2201(o)).

2. In i 30.6, paragraphs (b)(2) (1), (ii), (iii), (iv), and (v) are amended by changing the phrase, "With the exception of the United States Air Force and Navy ...." to read "With the exception of the United States Navy ...." Also, the introductory text of paragraph (b) and paragraph (b)(1) are revised to read as follows:

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930.6 Communications.

(b) The Connission has delegated to the five Regional Administrators licensing authority for selected parts of its decentralized licensing program for nuclear materials as described in paragraph (b)(1) of this section. Any communication, report, or application covered under this licensing program must be submitted as specified in paragraph (b)(2)ofthissection.

(1) The delegated licensing program includes authority to issue, renew, amend, cancel, modify, suspend, or revoke licenses for nuclear materials issued pursuant to 10 CFR Parts 30 through 35, 40, and 70 to all persons except the United States Navy for academic, medical, and industrial uses, with the following exceptions:

(1) Activities in the fuel cycle arid 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. l (ii) Health and safety design review of sealed sources and devices and approval, for licensing purposes, of sealed sources and i devices.

(iii) Processing of source material for extracting of metallic compounds (including Zirconium, Hafnium, Tantalum. Titanium, Niobium,etc.).

(iv) Distribution of products containing radioactive material to persons exempt pursuant 10 CFR 32.11 through 32.26.

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(v) New uses or techniques for use of byproduct, source, or special nuclear material.

PART 40 - DOMESTIC LICENSING OF SOURCE MATERIAL

3. The authority citation for Part 40 is revised to read as follows:

AUTHORITY: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 Stat. 932, 933, 935, 948, 953, 954, 955, as ar.anded, 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, 12a4, 1246 (42 U.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 (4? 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 (4?U.S.C.2234). Section 40.71 also issued under sec. 187, 68 Stat.

955(42U.S.C.2237).

For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); $5 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));

and9940.5,40.25(c),(d)(3),ano(4),40.26(c)(2),40.35(c),40.42,40.61, 40.62, 40.64, and 40.65 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).

4. In 6 40.5, paragraphs (b)(2) (i), (ii), (iii), (iv), and (v) are amended by l changing the phrase, "With the exception of the United States Air Force and i Navy ...." to read "With the exception of the United States Navy ...." Also, the introductory text of paragraph (b) and paragraph (b)(1) are revised to read as follows:

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6 40.5 Communicatio'ns.

(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 connunication, report, or application covered under this licensing program must be submitted as specified in paragraph (b)(2) of this section.

(1) The delegated licensing program includes authority to issue, renew, amend, cancel, modify, suspend, or revoke licenses for l nuclear materials issued pursuant to 10 CFR Parts 30 through l 35, 40, and 70 to all persons except the United States Navy for academic, medical, and industrial uses, with the following exceptions:

(1) Activities in the fuel cycle and special nuclear material in quantities sufficient to constitute a critical mass in any {

room or area. This exception does not apply to license modifications relating to termination of special nuclear l material licenses that authorize possession of larger quantities when the case is referred for action from NRC's Headquarters to the Regional Administ'rators.

(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.).

(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.

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PART 70 - 00MESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL l S. The authority citation for Part 70 is revised to read as follows:

AUTHORITY: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2201, 2232, 2282); secs. 201, as amended. 202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846).

Section 70.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C.5851). Section 70.21(g) also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 57d, Pub. L.93-377, 88 '

Stat.475(42U.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 uecs. 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),

l (6), (d), and (1), 70.36, 70.39(b) and (c), 70.41(a), 70.42(a) and (c), 70.56, l 70.57(b), (c), and (d), 70.58(a)-(g)(3), and (h)-(j) are issued under sec.161b, 68 Stat.948,asamended(42U.S.C.2201(b));il70.7,70.20a(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) r are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(1)); and l 1170.5,70.20b(d)and(e), 70.38,70.51(b)and(1),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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  • In 5 70.5, paragraphs (b)(2) (1), (ii), (iii), (iv), and (v) are amended by

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changing the phrase, "With the exception of the United States Air Force and Navy ...." to read "With the exception of the United States Navy ...." Also, the introductory text of paragraph (b) and paragraph (b)(1) are revised to read as follows:

570.5 Communications.

(b) The Commission has delegated to the five Regional Administrators licensing authority for selected parts of its decentralized licensing program for nuclear materials as described in paragraph (b)(1) of this section. Any communication, report, or application covered under this licensing program must be submitted as specified in paragraph (b)(2) of this section.

. (1) The delegated licensing program includes authority to issue, renew, amend, cancel, modify, suspend, or revoke licenses for nuclear materials issued pursuant to 10 CFR Parts 30 through 35, 40, and 70 to all persons except the United States Navy for academic, medical, and industrial uses, with the following exceptions:

(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 niaterial 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.

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(iii) Processing of source material for extracting of metallid compounds (including Zirconium, Hafnium, Tantalum, Titanium, Niobium,etc.).

(iv) Distribution of products containing radioactive naterial 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 M day of , 1986.

/U FOR THE NUCLEAR REGULATORY COMMISSION 2 m/r/K hictor Ste'llo,/Gr'.

Executive Dir'ector for Operations -

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