ML20211Q045

Expresses Appreciation for 990421 Memo Responding to Commissioner Diaz Comments Re Proposed Rule on Electronic Availability of Records

ML20211Q045
Person / Time
Issue date:	04/22/1999
From:	Lopezotin M NRC
To:	Galante T NRC
Shared Package
ML20211N634	List: ML20211N630 ML20211N659 ML20211N678 ML20211N701 ML20211N712 ML20211N717 ML20211N727 ML20211N829 ML20211N858 ML20211N867 ML20211N905 ML20211N918 ML20211N978 ML20211P572 ML20211P618 ML20211P623 ML20211P627 ML20211P640 ML20211P731 ML20211P753 ML20211P796 ML20211P828 ML20211P866 ML20211P916 ML20211P937 ML20211P943 ML20211P961 ML20211P983 ML20211Q001 ML20211Q017 ML20211Q024 ML20211Q034 ML20211Q045
References
FRN-64FR24531, RULE-PR-1, RULE-PR-100, RULE-PR-110, RULE-PR-2, RULE-PR-50, RULE-PR-51, RULE-PR-52, RULE-PR-60, RULE-PR-62, RULE-PR-7, RULE-PR-72, RULE-PR-75, RULE-PR-76, RULE-PR-9 AG07-1, AG07-1-033, NUDOCS 9909140179
Download: ML20211Q045 (13)

Text

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' . l Russell _ PovEli-i'roposed Rule-Eie~citnic Avaitzblility ofiiic"o~rds...

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From: Maria Lopez-Otin l To: . Tony Galante l Date: 4/22/99 6:07 PM J

Subject:

Proposed Rule-Electronic Availablility of Records...

Tony, Thank you for your April 21,1999 memorandum in response to Commissioner Diaz' comments on the subject rulemaking. The Commissioner asked me to let you know that we don't have further comments. ,

Again,'thanks, Maria CC: BWJ, Francine Goldberg, LDS, MFW, SFC i

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I 9909140179 990908 PDR- PR L, 1 64FR24531 PDR

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24531 Proposed Rules red-aer Vol. 64, No. 88 Friday, May 7,1999 This section of the FEDERAL REGISTER Management Division, Office of the records and to identify any potential contatns notices to the pubhc of ti a proposed Chief Information Officer, U.S. Nuclear unique situations where the electronic issuance of rules and regulations. The Regulatory Commission, Washington, availability of records may not provide purpose of these notices is to give interestedJ D.C. 20555-0001, telephone (301) 415- adequate records availability. '

[y,"g *f 6527, email: RAPl@ntc. gov. The NRC currently maintains 86

"% (' n'P of nW SUPPt.EMENTARY INFORMATION: The LPDRs in the vicinity of nuclear reactor rules.

Nuclear Regulatory Commission is and materials licensees: 72 support proposing to amend its regulations to power reactors; 2 support gaseous NUCLEAR REGULATORY reflect the use of a new electronic record diffusion plants: 3 support high-level COMMISSION keeping system for NRC records. The waste repositories; and the remaining 9 NRC is establishing the Agencywide support fuel-cycle, low-level waste, and 10 CFR Parts 1,2,7,9,50,51,52,60 Documents Access and Management other facilities. A survey of the facilities 62,72,75,76,100, and 110 System (ADAMS) to provide for the where LPDRs are currently located electronic submission, storage, and revealed that all but six now provide, or RIN 3150-AG07 retrieval of NRC official records. When will provide Internet access to its Electronic Availability of NRC Public ADAMS becomes operational, any NRC patrons by the end of 1999.

Records and Ending of NRC Local official records that are normally Additionally, although NRC plans to Public Document Room Program publicly available under the discontinue the LPDR program,it plans Commission's regulations will be to offer each of the current LPDR AGENCY: Nuclear Regulatory available electronically through libraries the opportunity to keep their Commission. ADAMS. The regulations governing current LPDR document collections so ACTION: Proposed rule. which records are publicly available the pre ADAMS LPDR collections can will be unaffected by this proposed rule. continue to be available in the local

SUMMARY

The Nuclear Regulatory Publicly available records will be communities. The decision to accept Commission (NRC)is p oposing accessible electromcally from the this offer to transfer ownership of these amendments to its regulations that collections and the length of time they ADAMS Public Library component on would reflect a change in the way its the NRC Web site, http://www.ntc. gov, will be maintained will be at the sole records are made available to the public, (the Electrome Reading Room), discretion ofeach library, The amendments are intended to reflect When ADAMS becomes operational, ADAMS will provide the following the NRC's decision to implement a new NRC intends to discontinue furmshmg document management system that added benefits that should preclude or j would permit the electronic storage, Paper and microfiche copies of its minimize any public concerns regarding publicly available records to the NRC the impact from discontinuing the LPDR retrieval, and on line ordering of ,

publicly available NRC official records Public D,ocument Room (PDR), located program: l n W ashington, D.C., and the Local 1. ADAMS Internet access will  !

through the NRC Web site. PuMic Document Rooms RPDRs), i DATES: Submit comments by June 21. provide access to new records in full 1 cated near nuclear power plants and text and image.

1999. Comments received after this date "" " d ^M '

will be considered if it is practical to do 2. ADAMS will provide an imrmved u d ini nm ng electrome search capability. Under the so, but assurance of consideration available electronically through the cannot be given except as to comments existing system, only the bibliographic Electronic Reading Room on t'he NRC received on or before this date. Internet Web site, imaged copies of its indexes and abstracts for most records ADDRESSES: Submit comments to: newly received and created publicly are avadable from the online BRS and Secretary. U.S. Nuclear Regulatory NUDOCS. ,

available official records that are in l Commission, Washington, DC 20555. paper form. Ilowever, ultimately, NRC's 3. Some new records will be available Attention: Rulemaking and newly created official records will all be to the public within days instead of the Adjudications staff- stored in ADAMS only in electronic two weeks or longer it now takes for  ;

LPDRs to receive microfiche or paper l Deliver comments to 11555 Rockville form, and NRC will m'aintain only its Pike, Rockville, Maryland, between 7:30 pre-ADAMS records as paper copies. copies of new accessions. I am and 4:15 pm on Federal workdays. Because of budget constraints and the 4. Internet public access to the NRC You may also provide comments via improved access to newly received and Web site will provide direct access to a the NRC's interactive rulemaking web created records via the NRC Web site much broader range of the public than site through the NRC home page (http:/ under ADAMS, the Commission just to those who, because of their closo ,

I

/www.ntc. gov). This site provides the decided to discontinue funding of the proximity, have access to the PDR and capability to upload comment. as files LPDR program beyond Fiscal Year 1999. LPDRs.

(any format), if your web browser Although the Commission has already The NRC PDR would still keep pre-supports that function. For information made a decision to eliminate the LPDRs ADAMS paper and microfiche records about the interactive rulemaking web because of the future electronic on site and available to the public for site, contact Ms, Carol Gallagher, (301) availability of these records, the viewing and copying. The PDR would 415-5905 (email: CAG@nrc. gov). Commission is soliciting comrnent also have computer terminals available l

FOR FURTHER INFORMATION CONT ACT: through this proposed rule to clarify any for the public to access new documents Russell A. Powell, Chief,Information questions regarding the time and on the NRC Web site. The public would Services Branch,Information process for the electronic availability of still be able to obtain paper copies of

! I 1-

's 24532 Federal Register /Vol, 64, No. 88/ Friday, May 7,1999/ Proposed Rules I 4

new electronic records by printing them Section 9.21(d) would be deleted and a person is not required to respond  !

from the NRC Internet Web site, by because the publication Title List of to, the information collection.

ordering them for a fee from the PDR directly from the NRC Web site, or by Documents Made Publicly Available, NUREG-0540, will no longer be Regulatory Analysis 1

using current ordering methods. The published. Section 9.21[e) would be This proposed rule implements a new current methods are:in-person at the revised to show that only the published NRC procedure for making records PDR mail, pmail, fax or by calling the versions of final opinions and orders, available for public inspection and PDR Reference Services on the toll. free referred to in 6 9.2(c)(1), are available copying. The rule would not have any 800 telephone number, Bibliographic from the NTIS in the publication, adverse economic impact on any clar.s 3 descriptions of documents currently j Nuclear Regulatory Issuances (NUREG- of licensee or the NRC. To the contrary, identified in the PDR's Bibliographic f 0750). The reference to interpretations the proposed rule with its new Retrieval System (BRS) and in NUDOCS in 5 9.21(c)(2) would be deleted because rovisi will be posted on the NRC Web site. they are not available from NTIS. komes,ons offices,allowing Internet schools, and public access from This would also allow the public to Section 9.23(a)(2) would be deleted libraries to NRC publicly released order co tes of pre-ADAMS paper and because it repeats information included records would provide some new and microfic e records. The public would in the revised S 9,21(a). Section 51.123 additional benefits to those seeking also have access to the NRC Web site access to NRC records. A survey of the from any computer with Internet access, (a) and (b) would be revised to reflect the correct address where requests for facilities where LPDRs are currently and would be able to download the located revealed that all but six now

. draft environmental impact statements records to the computer they are using and draft findings of no significant provide, or will provide Internet access I for printing or other supported to its patrons by the end of 1999.

I""CIIO"8- hazard can be submitted. l Changes would be made m. several Additionally, although NRC plans to 1 Decause records would be released thscontinue the LPDR program,it plans I electronically to the public rather than secti ns to reflect the correct name of l the NRC PDR. In addition, severai LPDR in paper or microfiche, this rule would M hr I amend the regu'ations in to CFR parts nusspelling corrections would be made.

LPDR document collections so 1,2,7,9,50.51,52,60.62,72,75,76. Plain Language the pre-ADAMS LPDR collections can 100, and 110 to reflect the manner m . continue to be available in the local which these records would be made The Presidential Memorandum dated communities. This constitutes the publicly available. June 1.19%, entitled. " Plain Language regulatory analysis for this rule.

To reflect the anticipated in Gmernment u nting, directed that discontinuance of NRC suoport of the Federal government's wruing be in Regulatory Flexibility Certificatw, n libraries serving as LPDRs, references to plain language. The NRC requests As required by the Regulatory NRC LPDRs would be deleted in 10 CFR comments on this proposed rule Flexibility Act of 1980,5 U.S.C. 605(b),

! 2.1231 (a)(1)(ii), and (b); 9.35 (b) and (e); SPecifically with respect to the clarity the Comniission certifies that this rule, i 50.30(a)(5); part 50, appendix Q, section and effectiveness of the language used.

Comments should be sent to the ad. dress If adopted, will not have a significant l 4: 51.120; part 52, appendix 0, section economic impact upon a substantial 5: part 52, appendix Q, section 4, and listed above, number of small entities. The proposed l 76.37(a). En vironmental Impact-Categorical rule would implement a new procedure

! In addition, several other minor Exclusion for making records available to the conforming changes would be made- . public. The NRC believes that the The definition of the PDR in to CFR 2.4, The NRC has determm.ed that this proposed changes would not have an 60.2, and 110.2 is now in a new pmposed rule is the type of actmn adverse economic impact on any class paragraph and would be revised to dysonbed m, categorical eulusion 10 of !icensee, including small entitles, or reflect that records newly created or LFR 51.22(c) (1) and (,0. Therefore, the general public. On the contrary, the received since the implementation of neither an environmental impact NRC believes that the proposed rule ADAMS that are publicly available are statement nor an environmental . would provide wider opportunities and now available in the PDR in electronic assessment has been prepared for this make it easier for interested persons to form for inspection and copying, and proposed rule. obtain or review publicly available NRC that copies can be ordered from the Paperwork Reduction Act Statement record s.

, PDR. A new paragraph would define th" . Any small entity subject to this NRC Web site as the Internet location This proposed rule does not contam regulation that determines, because of where NRC records are made available a new or amended information its sin. H s likely to bear a for public inspection and copying and collection requirement subject to the disproportionate adverse economic that the public can also order copies of Paperwork Reduction Act of 1995 (44 mpact should notify the Commission of documents from the PDR through the U.S C. 3501 et seq.). Lxisting this in a comment that indicates-NRC Web site. requirements were approved b the Office of Manegement and flu get. (a) The licensee,s size and how the Section 9.2(a) would be revised to delete the reference to the availability of approval numbers 3150-0043,3150- P.mP sed regulation would result in a 0011,3150-0021,3150-6151,3150- s gmf.icant economic burden upon t e records on 48x microfiche through the licensee as compared to the economic National Technical information Service 0127,3150-0143,3150-o132,3150- burden on a larger licensee, (NTIS). When NRC begins making its 0055,3150-0093, and 3150-0036.

records available from the NRC Web ) H w the pmposed regulations Public Protection Notification could be modified to take into account site, microfiche copies will no longer be produced. The address for the NTIS and If a means used to imposo an the licensee's differing needs or a statement that certain listed information collection does not display capabilities:

documents can be ordered from the a currently valid OMh control number, (c) The benefits that would accrue, or NTIS would be added to $ 9.21(a). the NRC may not conduct or sponsor, the detriments that would be avoided,if

k' Federal Register /Vol. 64, No. 88/ Friday, May 7,1999/ Proposed Rules 24533 the proposed regulations were modified power plants and reactors, Probabilistic PAR T 1-STATEMENT OF as suggested by the licensee; and risk assessment, Prototype, Reactor ORGANIZATION AND GENERAL (d) How the proposed regulation, as siting criteria, Redress of site, Reporting INFORMATION:

modified, would more closely equalize and recordkeeping requirements, the impact of NRC regulations or create Standard design, Standard design 1. The authority citation for part 1 more equal access to the benefits of certification. continues to read as follows:

Federal programs as opposed t 10 CFR Pan 60 Authority: Secs. 23.161,68 Stat. 925,948, providing special advantages to any - as amended (42 U.S.C. 2033,22o1): sec. 29, Individual or group. Criminal penalties High-level waste, Pub. L 85-256,71 Stat. 579 Pub. L.95-209, j Nuclear power plants and reactors, 91 Stat.1483 (42 U.S.C. 2039h sec.191, Pub.

Backfit Analysis L.87-415,76 Stat. 409 (42 U.S C 22411: secs.

p Nuclear materials, Reporting and 201, 203, 204, 205, 209, 88 Stat.124 2,1244, The NRC has determined that the recordkeeping requirements Waste 1245,1246,1248, as amended (42 U.S.C.

backfit rule does not apply to this treatment and disposal. 5841,5843,5844,5845,5849h 5 ESC 55,, 4 proposed rule; and therefore, a backfit 10 CFR Pad 62 553; Reorganizanon Man No.1 of 196E 6 analysis is not t"9utred for this FR 4o561, June 16,1980.

proposed rule because these Administrative practice and amendments do not involve any procedure, Denial of access, Emergency 2. In S 1.3, paragraph (a) is revised to provisions that would impose backfits access to low-level waste disposal Low. read as follows:

as defined in to CFR Chapter 1. level radioactive waste, Low-level 61,3 sources of additionallnformation.

List of Subjects radioactive treatment and disposal, (a) A statement of the NRC,s Low-level waste policy amendments act 10 CFR Part 1 of 1985, Nuclear materials, Reporting organization, policies, procedures.

and recordkeeping requirements. assignments of responsibility,and Orgam.zation and functions delegations of authority is in the (Covernment Agencies). 10 CFR Part 72 Nuclear Regulatory Commission 10 CFR Part 2 Management Directives System and Intergovernmental relations, s n udin loca1 Administrative practice and Manpower training programs, Nuclear materials, Nuclear power plants and yr C ,ssu

, ed"by , ,,

procedure, Antitrust, Byproduct Letters and memoranda containing material, Classified Information, N 9 rS Reporting and recordkeeping directives, delegations of authority and Environmental protection, Nuclear rmuirements, Secunty measures.

the like are also issued from time to materials, Nuclear power plants and 10 CFR Part 75 time and may not yet be incorporated reactors, Penalties, Sex discrimination- . . nto the Management Directives System, Source material Special nuclear C,n.mmal penalties, Intergovernmental parts of which are revised as necessary, material. Waste treatment and disposal. relations, Nuclear materials Nuclear Copies of ths Management Directives Power plants and reactors, Reporting System and other delegations of 10 CFR Pc:rt 7 and recordkeeping requirements, authority are available for public Advisory committees, Sunshine Act. Secunty measures, inspection and copying for a fee at the 10 CFR Part 76 NRC Public Document Room,2120 L 10 CFR Part 9 Street, NW., Washington, DC, and at Criminal Penalties, Freedom of Certmcation, Criminal penalties, each of NRC's Regional Offices.

Information. Privacy, Reporting and Radiation protection, Reporting and Information may also be obtained from recordkeeping requiremeats, Sunshine recordkeeping requirements Secunty the Office of Public Affairs or from Act. measures, Special nuclear material- Public Affairs Officers at the Regional aniu enrichment by gaseous Offices. In addition, NRC Functional 10 CFR Part 50 diffusmn. Organization Charts, NUREG-0325, Antitrust, Classified information. 10 CFR Port 100 contains detailed descriptions of the Criminal penalties. Fire protection, functional responsibilities of NRC's Intergovernmental relations, Nuclear Nuclear power plants and reactors- offices. It is revised annually and is power plants and reactors, Radiation Reactor siting criteria. available for public inspection at the protection, Reactor siting criteria, NRC Web site, http:/Avww.ntc. gov, and/

to CFR Part 110 or at the NRC Public Document Room, Reporting and recordkeeping requirements. ministrative practice and procedure, or for purchase from the Superintendent Classified Information, Criminal of Documents, U.S. Government 10 CFR Part 51 penalties, Export, Im port, Printing Office, P.O. Box 37082, Administrative practice and Intergovernmental relations Nuclear Washington, D.C. 20013-7082; and from procedure, Environmental impact materials, Nuclear power plants and the National Technical Information statement, Nuclear materials, Nuclear reactors, Reporting and recordkeeping Service, Springfield, VA 22161, l power plants and reactors, Radiation requirements, Scientific equipment. -. . . . .

protection, Reactor siting criteria, For the reasons set out in the Reporting and records. preamble and under the authority of the PART 2-RULES OF PRACTICE FOR Atomic Energy Act of 1954, as amended; DOMESTIC LICENSING PROCEEDINGS the Energy Reorganization Act of 1974, AND ISSUANCE OF ORDERS Administrative practice and as amended: and 5 U.S.C. 553: the NRC 3. The authority citat. ion for part 2 procedure Antitrust, Backfitting. is proposing to adopt the following continues to read as follows:

Combined license, Early site review, amendments to 10 CFR parts 1,2,7,9, Emergency planning, Fees, inspection, 50, 51, 52, 60, 62, 72, 75, 76,100 and Authority: Secs. 161,181,68 Stat. 948.

Lin,ited Work Authorization, Nuclear 110. 953, as amended (42 U.S C. 2201,2231); sec 24534 Federal Register /Vol, 64, No. 88/ Friday, May 7,1999/ Proposed Rules 191, as amended. Pub. L 87-615,76 Stat. 409 this chapter. The facility is staffed with $ 2.110 Filing and administrative action on (42 U.S.C 2241); sec. 201,88 Stat.1242, as submittals for design review or early site amended (42 U.S.C 5841); 5 U.S.C 552.

reference librarians to assist the public In identifying and locating documents review of site-sultability issues.

Sectio t 2.101 also issued under secs. 53, * * * *

• and in using the NRC Web site and 62,63. 81,103,104,105,68 Stat. 930. 932, ADAMS. The NRC Public Document 8 88aa (c) Upon completion of review by the d (4 Room is open from 7:45 am to 4:15 pm,

$32573,5092,'209;, 21R NRC staff and the ACRS of a submittal 2135); sec.114(f), Pub. L 97-425,96 Stat. Monday through Friday, except on of the type described in paragraph (a)(1) 2213. as amended (42 U.S.C 10143(f)). sec. Federal holidays. Reference service and of this section, the Director of the Offico 102, Pub. L 91-190,83 Stat. 853, as amended access to documents may also be of Nuclear Reactor Regulation shall (42 U.S.C 4332); sec. 301,88 Stat.1248 (42 requested by telephone (202-634-3273 publish in the Federal Register a U.S.C 5871). Sections 2.102,2.103,2.104, or 800L-397-4209) between 8:30 am and determination as to whether or not the 2.105,2.721 also issued under secs. 102,103 4:15 pm, or by e-mail (PDR@ntc. gov),

104,105,1831,189,68 Stat. 936,937,93.8, design is acceptable, subject to fax (202-634-3343), or letter (NRC conditions as may be appropriate, and 2$2235,dd 223 Se l'on 2105 a Public Document Room, LL-6, shall make available at the NRC Web lasued under Pub. L 97-415,96 Stat. 2073 Washington, DC 20555-0001). site, http://www.nre. gov, a report that (42 U.S.C 2239). Sections 2.200-2.206 also analyzes the design.

Issued under secs.161 b,1.o,182,186,234, 7. In S 2.206, paragraph (a) is revised 68 Stat. 948-951,955,83 Stat. 444, as NRC Web site, http://www.nrc. gov, is amended (42 U.S.C 2201(b),(i),(o),2236, the Internet uniform resource locator to read as follows- -

2282); sec. 206,88 Stat.1246 (42 U.S.C name for the Internet address of the Web $ 2.208 Requests for action under thir.

5846). Sections 2.205(j) also issued under site where NRC will ordinarily make subpart.

Pub. L 101-410,104 Stat. 90, as amended by available its public records for section 3100(s). Pub. L 104-134,110 Stat. Inspection. (a) Any person may Me a mquest to 1321-373 (28 U.S C 2461 note). Sections . . . . . institute a proceeding pursuant to 2.600-2.606 also issued under sec.102 Pub. 5 2.202 to modify, susper.d, or revoke a L 91-190. 63 Stat. 853, as amended (42 5. In % 2.101 paragraph (a)(2) is license, or for any other action as may U.S C 4332). Sections 2.700a,2.719 also revised to read as follows: be proper. Requests must be addressed issued under 5 U.S.C 554. Sections 2.754, 2.760,2.770,2.780 also issued under 5 U.S.C $ 2.101 Filing of application. to the Executive Director for Operations and must be filed either by delivery to 3i 14 ub 97 2 Lt232?241 (a) * *

• the NRC Public Document Room at 2120 (42 U.S.C 10155,10161). Section 2.790 also L Street, NW, Washington, DC , or by (2) Each application for a license for issued under sec.103. 68 Stat. 936, as mail or telegram addressed to the a facil r fm receipt of waste amended (42 U.S.C 2133) and 5 U.S.C 552. Executive Director for Operations U.S.

Sectivas 2.800 and 2.808 also issued under radioactive material from other persons Nuclear Regulatory Commission, 5 U.S.C. 553. Section 2.809 also issued under for the purpose of commercial das sal Washington, DC. 20555-0001.The 5 U.S.C 553 and sec. 29, Pub. L 85-256. 71 by the waste disposallicensee wil be Stat. 579, as amended (42 U.S.C 2039). assigned a docket number. However, t request must specify the action Subpart K also issued under sec.189,68 Stat. allow a determmation as to whether an requested and set forth the facts that 955 (42 U.S.C 2239). Sec 134, Pub. L 97- constitu. te the basis for the request. The application for a construction permit or Executive Director for Operations w. 425,96 Stat. 2230142 U.S C 10154). Subetrt operating license for a production or L also issued under sec.189,68 Stat. 955 (42 utilization facility is complete and refer the request to the Director o t e U.S.C 2239). Subpart M also issued under NRC office with responsibility for the sec.184 (42 U.S C 2234) and sec.189,68 acceP'able for docketin8' it will be subject matter of the request for Stat. 955 (42 U.S.C 2239), Append!x A also initially treated as a tendered appropriate action in accordance with issued under sec. 6. Pub. L 91-560. 84 Stat. application. A copy of the tendered paragraph (b) of this section. 1473 (42 U.S C 2135). applicatmn will be available for pubh.c , , , , , inspection at the NRC Web site, http:/

4. Section 2.4 is amended by adding /www nec gov, and/or at the NRC Public 8. In S 2.701, paragraph (a)(1) is the definition of NRC Public Document Document Room. Generally, the revised to read as follows:

Room and NRC Web site to read as determination on acceptability for follows: $ 2.M Fifing of documents. docketing will be made within a period ,

  $ 2.4 Definitions.                               of thirty (30) days. However, in selected
   .       .      .     .       .                  construction permit applications, the                      (a) * *

• Commission may decide to determine (1) By delivery to the NRC Public gf[ umen Roo means 3

acceptability on the basis of the Document Room at 2120 L Street, NW., technical adequacy of the ap lication as Washington, DC, or Washington, D.C. where cehain hublic weH 85 Hs cmnPMen In t ese cases, . . . .

• records of the NRC that were made l available for public inspection in paper the Commission, pursuant to S 2.104(a), 9. In S 2.740, paragraph (b) (1) is )

will direct that the notice of hearing be revised to read as follows: or microfiche. Prior to the issued as soon as practicable after the implementation of the NRC Agencywide application has been tendered, and the $ 2.740 General provisions goveming Documents Access and Management discovery. detennination of acceptability will be h System, commonly referred to as ADAMS, will remam available for made generally within a period of sixty - a a * * (60) days. For docketing and other (b) * *

• public inspection. It is also the place requirements for a plications pursuant where NRC makes computer terminals (1)In generol. Parties may obtain to part 61 of this c apter, see paragraph available to access the Electronic discovery regarding any matter, not (g) f this section.

Reading Room component of ADAMS * * * *

• privileged, which is relevant to the >

on the NRC Web site, http:// , subject matter involved in the www.nrc. gov, and where copies can be 6. In S 2.110, paragraph (c) is revised proceeding, whether it relates to the , made or ordered as set forth in S 9.35of to read as follows: claim or defense of any other party, 1 I

f I

 .                                                                                                                                                  1 Federal Register /Vol. 64, No. 88/ Friday, May 7,1999/ Proposed Rules                                        24535 1

l l including the existence, description, documents, including but not limited to or, in appropriate cases, may be invited I nature, custody, condition, and location correspondence to and from the NRC for the first time upon publication in the of any books, documents, or other regarding the issuance, denial, Federal Register of a proposed rule tangible things and the identity and amendment, transfer, renewal, developed in response to the etition. location of persons having knowledge of modification, suspetsion, revocation, or Publication will be limited b the any discoverable matter, When any violation of a license, permit, or order, requirements of section 181 of the book, document or other tangible thing or regarding a rulemaking proceeding Atomic Energy Act of 1954, as amended, sought is reasonably available from subject to this part shall not, in the and may be limited by order of the another source, such as at the NRC Web absence of a compelling reason for Commission. site, http://www.nre. gov, and/or the nondisclosure after a balancing of the . . . . . NRC Public Document Room, sufficient; interests of the person or a ency urging ... (g) The Director, Division of response to an interro ato involving 6 nondisclosure and the u ic interest in Administrative such materials would e locatlon,I Services, Office of disclosure, be exempt m disclosure the title and a e reference to the and will be made available for Administration, will prepare on a relevant book, ocument or tangible inspection and copying at the NRC Web semiannual basis a summary of thing. In a proceeding on an application site, http:/Avww.nrc. gov, and /or at the Petitions for rulemaking before the for a construction permit or an operating NRC Public Document Room, except for Commission, mcluding the status of license for a production or utilization matters that are: each petition. A c of the report will facility, discovery begins ont after the . . . . . be available for pub ic inspection and prehearing conference provi ed for in C Pying at the NRC Web site, http:// (c)If a request for withholding mv.nrc.g v, and/or at the NRC Pubh,c 5 2.751a and relates only to those pursuant to paragraph (b) of this section matters in controversy which have been is denied, the Commission will notify Document Room. Identified by the Commission or the an applicant for withholding of the 13. In S 2.804, paragraph (b)(2) is presiding officer in the prehearing order denial with a statement of reasons. The revised to read as follows: entered at the conclusion of that notice of denial will specify a time, not prehearing conference. In such a 5 2m mee of proposed rummaMng. less than thirty (30) days after the date * * * *

• proceeding, no discovery may take place of the notice, when the document will after the beginning of the prehearing be available at the NRC Web site, http:/ fb) * *
• conference held pursuant to 5 2.752 Annv.ntc. gov. If, within the time (2) The manner and time within except upon leave of the presiding, specified in the notice, the applicant which interested members of the public officer upon good cause shown. It is not requests withdrawal of the document, may comment, and a statement that ground for objection that the the document will not be available at copies of comments may be examined information sought will be madmissible the NRC Web site, will be made available at the NRC Web at the hearing if the information sought http:/Annv.ntc. gov, and will be site, http://www.nrc. gov; ap ears reasonably calculated to lead to returned to the apphcant: Provided, that , , , , ,

th discovery of admissible evidence, information submitted in a rule making

    *        *     *    *

• proceeding which subsequently forms 14. In 5 2.809, paragraph fa) is revised

10. In S 2.750, paragraph (a) is revised the basis for the final rule will not be to read as follows:

to read as follows: withheld from public disclosure by the Commission and will not be returned to I 2.80s Participation by the Advisory

   $ 2.750 Official reporter; transcript.                                                          commmee on Reedor Safeguah the applicant after denial of any (a) A hearing will be reported under      application for withholding submitted                 (a) In its advisory capacity to the the supervision of the presiding officer,      in connection with that information. If          Commission, the ACRS may recommend stenographically or by other means, by         a request for withholding pursuant to            that the Commission initiate rulemaking an official reporter who may be                paragraph (b) of this section is granted,        in a particular area. The Commission designated by the Commission or may            the Commission will notify the                   will respond to such rulemaking be a regular employee of the                   applicant of its determination to                recommendation in writing within 90 Commission. The transcript prepared by withhold the information from public                     days, noting its intent to implement, the reporter is the sole official transcript disclosure.                                        study, or defer action on the of the proceeding. Except as limited           a        *       *    *

• recommendation. In the event the pursuant to section 181 of the Act or 12. In 5 2.802, paragra hs (e) and (g) Commission decides not to accept or orde. of the Commission. the transcript are revised to read as fol ows: decides to defer action on the will be available for inspection at the recommendation,it will give its reasons NRC Web site, httpdhrww.ntc. gov, and/ 6 2.802 Petition for rulemaking. for doing so. Both the ACRS or at the NRC Public Document Room. recommendation and the Commission's Copies of transcripts are available to (e) If it is determined that the petition response will be made available at the parties and to the public from the includes the information required by NRC Web site, http:/hrww.ntc. gov, official reporter on payment of the paragraph (c) of this section and is following transmittal of the specified charges. complete. the Director, Division of Commission's response to the ACRS.

   *        *      *    *

• Administrative Services, Office of * * * * *

11. In 5 2.790, the introductory text of Administration, or designee, will assign 15. In S 2.1007, pnugraph (a)(3) is paragraph (a) and aragraph (c) are a docket number to the petition, wd, l removed and reseri ed and paragraph revised to read as ollows: cause the petition to be formally docketed, and will make a copy of the (a)(2) is revised to cead as follows:

   $ 2.790 Pubtle inspections, exemptions,        docketed petition available at the NRC            g 2.1007 Access.

requests for withholding. Web site, http://ow.ntc. gov. Public (a) Subject to the provisions of comment may be requested by (a) , , , paragraphs (b). (d), and (e) of this publication of a notice of the docketing (2) A system to provida electronic section, final NRC records and of the petition in the Feder d Register, access to the Liceasing Support

24536 Federal Register /Vol. 64, No. 88/ Friday, May 7,1999/ Proposed Rules Network shall be provided at the NRC documents pertaining to each j 7.11 The Designated Federal Officer, j i Web site, http://www.nre. gov, and/or at application for a license transfer * * * *

• the NRC Public Document Room requiring Commission approval will be (d) * *
• I beginning in the pre-license application placed at the NRC Web site, http:// (5) Make copies of committee I phase. www.nrc. gov, when available: documents required to be maintained j (3) (Reserved). for public inspection and copying

19. In 6 2.1306, paragraph (c)(2) is pursuant to 6 7.14(b) available at the

16. In $ 2.1231, paragraphs (a)(1)(ii), revised to read as follows: NRC Web site, http://www.nre. gov, and/

             ) 2), and (b) are revised to read as                                                    or at the NRC Public Document Room.

j 2.1306 Hearing request or intervention OW"' petition. 24. Section 7.14 is revised to read as

         $ 2.1231 Hearing fuo; prohibition on          h         .     .    .      .                 follows:

discovery. [ (c) * * . $ 7.14 Pubile information on advisory (a) * * * (2) 45 days after notice of receipt is committees. (1) * *

• placed at the NRC Web site, http:// (a) The Nuclear Regulatory (ii) Making the file available at the www.nrc. gov, for all other applications: Commission shall maintain systematic l NRC Web site, http://www.nrc. gov. or information on the nature, functions, I (2)The hearing file also must be made and operations of each NRC advisory f available for public inspection and 20. In S 2.1330, paragraph (b) is committee. A complete set of the copying at the NRC Web site, http:// revised to read as follows: charters of NRC advisory committees www.nrc. gov, and/or at the NRC Public and copies of the annual reports

                                                        $ 2.1330 Reporter and transcript for an     required by 5 7.17(a) will be maintained Document Room.

(b) The hearing file will consist of the * '*' h*8""9-for public inspection at either the NRC application and any amendment thereto. Web site, http:/Annv.ntc. gov and/or at i any NRC environmentalimpact (b) Except for any portions that must the NRC Public Document Room. l statement or assessment relating to the be protected from disclosure in (b) Subject to the provisions of the application and any NRC report and accordance with law and policy as Freedom of Information Act (5 U.S.C. any correspondence between the redected in 10 CFR 2.790, transcripts 552) and NRC's Freedom ofInformation applicant and the NRC that is relevant will be placed at the NRC 'Veb site, Act regulations at 10 CFR part 9, subpart to the application. Ilearing file http:/Annv.nrc. gov, and copies may be A, copies of NRC advisory committees' documents already available at the NRC Purchased from the Secretary, U.S. records, reports, transcripts, minutes. Web site, http:/hnnv.nre. gov, and/or at Nuclear Regulatory Commission- appendices, working papers, drafts, the NRC Public Document Room when Washington, DC 20555-0001. studies, agenda, and other documents , the hearing request is granted may be shall be .naintained for public incorporated into the hearing file at inspection and copying at the NRC Web l those locations by a reference indicating PART 7-ADVISORY COMMITTEES site, http://www.nre. gov;and/or at the

where at those locations the documents NRC Public Document Room.

21.The authority eitation for part 7 can be found. The presiding officer shall continues to read as follows: 25. In S 7.17, paragraphs (a) and (b) rule upon any issue regarding the are revised to read as follows: appropriate materials for the hearing Authorily: Sec.161,68 Stat. 948, as file, amended (42 U.S C. 220t h sec. 201,88 Stat. 5 7.17 Reports required for advisory j . . . . . 1242, as amended (42 U.S C 5841); Pub. L committees. 9 -463. 86 Stat. 770 (5 U.S C. App.l.

17. In S 2.1301, paragraphs (a) and (c) (a) The Commission shall furnish a

! report on the activities of NRC advisory , are revised to read as follows: 22. In 4 7.10, paragraph (b)(61 is I revised to read as follows: committees annually to the

       $ 2.1301 Public notice of receipt of a                                                       Administratcr and the GSA Secretariat license transfer application.                   $ 7.10 The NRC Advisory Committee           on a fiscal year basis. The report must (a) The Commission will notice the         "*"*9'**"'O****

• contain information regarding NRC receipt of each application for direct or advisory committees required by section indirect transfer of a specific NRC (b ) * *
• 6(c) of the Act for the President's annual license by placing a copy of the (6) Ensure that, subject to the report to the Congress and be consistent application at the NRC Web site, http:/ Freedom ofInformation Act and NRC's with instructions provided by the GSA

       /www.nre. gov.                                  Freedom of Information Act regulations Secretariat. A copy of the report is made
       *         *     *     *

• at to CFR part 9. subpart A, copies of available at the NRC Web site, http://

(c) Periodic lists of applications the records, reports, transcript minutes, innv.nrc. gov, and/or at the NRC Public appendices, working papers, drafts. Document Room. received may be obtained upon request tddressed to the NRC Public Document studies, agenda, or other documents that . (b) Any NRC advisory c.ommittee Room, U.S. Nuclear Regulatory were made available to or prepared for holding closed meetings shall issue a Commission, Washington, DC 20555- or by each NRC advisory committee are report, at least annually, setting forth a 0001. available for public inspection and summary of its activities consistent with

18. In S 2.1303, the section heading c pying at the NRC Web site http:// the policy of the Government in the invw.nregov, and/or at the NRC Pubh,c Sunshine Act (5 U.S.C. 552b), as and the introductory pcragraph are Document Room, until the advisory implemented by to CFR 9.104. A copy revised to read as follows: committee ceases to exist. of the report is made available at the

       $ 2.1303 Availability of documents.              *       *      *    *

• NRC Web site, http:/hvww.ntc. gov, and/

Unless exempt from disclosum under 23. In S 7.11, paragraph (d)(5) is or at the NRC Public Document Room. part 9 of this chapter, the following revised to read as follows: p

1 [- l l 1 4 Fedzrzl Regilt:r/Vol. 64, No. 88/ Friday, May 7,1999/ Proposed Rules 24537 j PART 9-PUBUC RECORDS purchase through the National 6 9.35 Duplies,Uon fees. Technical Information Service. (a) * * *

26. The authority citation for part 9 28. In 5 9.23, paragraph (a)(2) is (2) Self service duplicating machines continues to read as follows: removed 4nd reserved and paragraphs are available at the NRC Public Authority: Sec.161,68 Stat. 948, as (a)(1),(c),(d)(2), and (e) are revised to Document Room for the use of the emended (42 U.S.C. 220th sec. 201,88 Stat. read as follows: public. Paper to paper copy is $0.08 per 1242.as amended (42 U.S C 5841). $ 9.23 Requests for records. page. Microfiche to paper is 50.10 per Subpart A is also issued under 5 U.S.C. page on the reader printers.

552; 31 U.S.C 9701: Pub. L. 99-570. Subpart (a)(1) A person may request access to , , , , , B is also issued under 5 U.S.C 552a. Subpart records routinely made available by the C is also issued under 5 U.S.C 552b. NRC under 6 9.21 in person or by (5) Any change in the costs specified J telephone, e-mail, fax, or U.S. mail from in this section will become effective 27 Section 9.21 is revised to read as f the NRC Public Document Room,2120 immediately pending completion of the f H ws: L Street, NW, Washington, DC 20555- final rulemaking that amends this section to reflect the new charges. The

     $ 9.21 Putd6cly evallatHe records.               0901.

Commission will post the charges that (a) Single copies of NRC publications (i) Each record requested must be will be in effect for the interim period in the NUREG series, NRC Regulatory described in sufficient detail to enable at the NRC Public Document Room. The Guides, and Standard Review Plans can the NRC Public Document Room staff t I cate the record, Commi'ssion will publish a final rule in be ordered from the National Technical the Federal Register that includes the Information Service,5285 Port Royal (ii)In, order to obtain copies of records new charges within 15 working days . Road, Springfield, Virginia, 22161. expeditiously, a person may open an from the beginning of the interim l (b) For the convenience of persons account at the NRC Public Document

                                                                 ,                                    period.

who may wish to inspect without gi}atg n g (b) The NRC will assess the following charge, or purchase copies of a record or "* f d charges for copies of records to be a limited category of records for a fee, duplicated by the NRC at locations other publicly available records of the NRC's (2) IReserved) than the NRC Public Document Room activities described in paragraph (c) of located in Washington, DC.: this section are also made available at , (c)If a requested agency record that . . . . . the NRC Web site, http://u ww.nrc. gov, has been reasonably described is located . .

30. In S 9.45 paragraph (b) is revised and/or at the NRC Public Document at a place other than at the NRC Web t read as follows:

Room located at 2120 L Street. 'NW, site, http://wnw.nre gov, the NRC Public Washington, DC, open between 7:45 am Document Room, or the NRC 6 9.45 Annual reports to the Attorney and 4:15 pm on Monday through Friday, headquarters, the NRC may, at its General of ttn United States. except Federal holidays. dioretion, make the record available for . . . . . (c) The following records of NRC inspection and copying at either of the (b)The NRC will make a copy of the activities are available for public locations. most recent report available to the inspection and copying: (d) * *

• public at the NRC Web site, http:// i (1) Final opinions including (2)If the requested record has been www.nrc. gov.

concurring and dissenting opinions as placed on the NRC Internet Web site, 31. In S 9.105, paragraph (b) is revised l well as orders of the NRC issued as a under S 9.21, the NRC may inform the to read as follows: I result of adjudication of cases: requester that the record is available at the NRC Web site http://www.nec. gov, 5 9.105 commission procedures, (2) Staternents of policy and * *

• interpretations that have been adopted and/or at the NRC Public Document *
• R m. and that the record may be (b) Within one day of any vote taken by the NRC and have not been published in the Federal Register; obtained in accordance with the pursuant to paragraph (a) of this section.

pr redures set forth m, paragraph (a) of S 9.106(a), or S 9.10a(c), the Secretary (3) Nuclear Regulatory Commission dus sectmn. shall make publicly available at the NRC rules and regulations; (e)The Freedom of information Act Web site, http://www.nrc. gov, a written (4) Nuclear Regulatory Commission and Privacy Act Officer will promptly copy of such vote reflecting the vote of Manuals and instructions to NRC forward a I reedom of Information Act , each member on the question. If a personnel that affect any member of the request made under paragraph (b) of this portion of a mwtmg is to be closed to Pugic, section for an agency record to the head the public, the Secretary shall, within (5) Copies of records that have been of the office (s) primarily concerned with one day of the vote taken pursuant to released to a person under the Freedom the records requested, as appropriate. paragraph (a) of this section or ofInformation Act that, because of th" The responsible office will conduct a S 9.106(a), make publicly available at nature of their subject matter, the NRC search for the agency records responsive the NRC Web site, http://www.nrc. gov, a dttermines have become or are likely 1 to the request and compile those agency full written explanation of its action become the subject of subsequent records to be reviewed for initial closing the portion together with a list requests for substantially the same disclosure determination and/or of all persons expected to attend the records. identify those that have already been meeting and their affiliation. (6) A general index oi the records made publicly available at the NRC Web 32. In S 9.107, paragraph ( 1)(1) is released under the FOIA, site, http://www.nrc. gov, and/or at the revised to read as follows: (d)The published versions of the NRC Public Document Room. records made publicly available under 29. In S 9.35, paragraph (e) is $ 9.107 Public announcement of 00**'' " ***"9 8-paragraph (c)(1) of this section are removed, paragraphs (a)(2). (a)(5) and * * * *

• evailable under the title. Nuclear (b). introdumry text, are revised to read Regulotorylssuonces, NUREG-0750, for as follows: (d) * * * -

I

 -   24338                    Federal Register /Vol. 64, No. 88/ Friday, May 7.1999/ Proposed Rules (1)"ublicly posting a ro;'y of the             Q alw issued under ser to? M. L *190.             5 50.66 Requirements for thermal document at the NRC Web site, http://             83 Stat. 853 (42 U.S C. 4332). Secur ns saJ4      annealing of the reactor pressure vessel.

and 50.54 also issued under sec. 204,88 Stat www.ntc. gov,; and, to the extent (a) For those light water nuclear S 844 ti 5 appropriate under the circumstances; ,1245

                                                       ,         42                           37 9 a) o power reactors where neutron radiation

p. 570. E.O.12958, as amen dod. 3 CFR 1995 has reduced the fracture toughness of the reactor vessel materials, a thermal

33. In S 9.108, paragraph (b) is revised Comp., p. 333. E O.12968. 3 CFR 1995 to read as follows: Comp., p. 391). Sections 50 58,50.91, and annealing may be applied to the reactor 50.92 also issued under Pub. L, 97-415.96 vessel to recover the fracture toughness

   $ 9.108 Certification, transenpts.                 Stat. 2073 (42 U.S.C. 2239). Section 50.78       of the material.The use of a thermal recordings and minutes.                          .also issued under sec.122. 68 Stat. 939 (42      annealing treatment is subject to the U.S.C. 2152). Sections 50 80-50.81 also          requirements in this section, A report (b) The Commission shall make              ; issued under sec.184. 68 Stat. 954, as             describing the licensee's plan for 2U         223 A       ndi f conducting the thermal annealing must promptly available to the public at the f jn[en[d       ,                     ,g            ( 2 U.S NRC Web site http://www.nre. gov,-the             22371~

be submitted in accordance with S 50.4 transcript, electronic recording, or at least three years prior to the date at minutes (as required by paragraph (a) of 35. In 5 50.30 paragraph (a)(5) is which the limiting fracture toughness this section) of the discussion of any revised to read as follows: criteria in S 50.61 or appendix G to part item on the agenda, or of any item of the 50 would be exceeded. Within three testimony of any witness received at the 9 50.30 Fikng of application for Hcenses; years of the submittal of the Thermal oath or affirmation. Annealing Report and at least thirty meeting, except for such item or items of such discussion or testimony as the (a) * *

• days prior to the start of the thermal Commissio6 determines pursuant t . (5) At the time of filing an annealing, the NRC will review the paragraph (cl of this section to contam application the Commission will make Thermal Annealing Report and make information which may be wahheld milable at the NRC Web site. http:g available the results of its evaluation at under S 9.104 or S 9.105(c), Copies of nww.nrc. gor. a copy of the application. the NRC Web site, http:/Antw.nec gov.

such transcript, or minutes, or a subsequent amendments. and other The licensee may begin the thermai transcription of such recording mms pminent to the facility for anneal after. discicsing the identity of each speaker, public inspection and copying. shall be furmshed to any person upon , , , , . (2) The NRC makes as allable the payment of the actual cost of results ofits evaluation of the Thermal duplicanon or transcription as provided 36. In 4 50 44 paragraph (t)(3)(iv)(C) Annealing Report at the NRC Web site. in S 9.14. The S,ecretary shall maintam is revised to read as follows: y . m v;and a complete verbatim copy of the $ 50.44 standards for combustible gas * * * * *

   'Z"$,"l$"e'MtN*                                   7,"g7'*** "S"'**                      **'          W**

(2) Within 15 days after the NRC's recording of each meeting, or portion of . . . , , a meeting, closed to the public, for a receipt of the licensee submissions

• required by paragraphs (c)(1), (c)(2) and period of at least two years after such (c) * *

                                                                  . .                                  (c)(3)(i) through (iii) of this section, the meeting, or until one year after the                  (3).                                          NRC staff shall make available at the conclusion of any Commission                          @,I . . .

proceeding with respect to which the NRC Web site, http:Nwww.nrc. gov, a meeting or portion was held, whiches er (C) Subsubarticle NE-3220. Disision summary ofitsinspection of the

1. and Subsubarticle CC-3720. Division licensee's thermal annealing, and the occurs later

2. of Section !!! of the ASME Boiler and Commission shall hold a public Pressure Vessel Code, referenced in meeting:

PART 50-DOMESTIC LICENSING OF paruraphs (c)(3)(is )(il)(1) and . . . . . PRODUCTION AND UTILIZATION (tH3Miv)(Bli.1 of this section, have been (3) Within 45 days of NRC's receipt of FACILITIES 3PProved for incorporation by reference the licensee submissions required by by the Dire tor of the Office of the paragraphs (c)(1). (c)(2) and (c)(3)[i)

34. The authon,ty citation for part 50 Federal Register. A notice of any through (iii) of this section, the NRC continues to read as follows: changes made to the matenal staff shall complete full documentation Authority: Secs. 102,103.104,tos.161. #F NN *N P,ubtished in the I ederal Register.

of its inspectiori of the licensee's annealing process and make available . 182.183.186.189. 68 Stat. 936. 917. 938. , 948, 953. 954. 955. 956. as amended, sec. Copies of the ASME Boiler and pressure this documentation at the NRC Web site, 234,83 Stat.1244, as amended (42 U.S C Vessel Codty may be purchased from the http:/Annv.nrc. gov. 2132.2133,2134,2135,2201.2232.2233. American Society of Mecharucal 2236,2239,2282); secs. 201, as amended.

38. In appendix 0 to part 50, Engineers. United Engineering Center. ,

202,206. 88 Stat 1242. as amended 1244. 345 East 47th Street. New York, N.Y. paragraph 5 is revised to read as 1246. (42 U.S C. 5841,5842. 5846) IONU**; 10017. It is also available fer inspection Section 50.7 also issued under Pub. L. 95- at the NRC Technical Reference Library. Appendix o to Part So-Standardization of 601, sec.10. 92 Stat. 2951 (42 U.S C 5851). Two White Flint North Room 2B9. Ihign; Staff Review of Standard Ikigns 11545 Rockville Pike, Rockville MD. * *

• 5 68 t t 955 s a ende (42 . 2131,

                                                       *        *        *     *

• 5 Upon completion of their review of a 2235) sec.102. Pub. L. 91-190. 83 Stal 853 (42 U.S C. 4332). Sections 50.13. 50.54(dd) 37. In 5 50 66, the introductory text of subrnittai under regulatory staff this shall puapgendix. the NRC lish in the Federal and 50.103 also issued under sec.108,68 Stat. 939, as amended (42 U.S.C. 2138). paragraph (. a), paragraph (a)(2), the Register a determination as to whether or not Sections 50.23. 50.35. 50.55 and 50.56 also introductory text of paragraph (f)(2), and the preliminary or final design is acceptable, paragraph (f)(3) are revised to read as subrect to such conditions as may tm issued under sec.185. 68 Stat. 955 (42 U.S C.

2235). Section 50.33am 50 55a and Appendix follows: appropriate, and make available at the NRC

p l l j i J j Federal Register /Vol. 64, No. 88/ Friday, May 7,1999/ Proposed Rules 24539 l Web site, http://www.nre. gov, an analysis of 41. In S 51.62, paragraph (a) is revised exhausted, the requestor will be advised the design in the form of a report. An to read as follows: that the NRC will provide copies at the approved design shall be utilized by and charges specified in 5 9.35 of this relied upon by the regulatory staff and the $ 51.62 Environmental report-Land chapter. l ACRS in their review of any individual disposal of radioactive waste licensed facihty license application which under 10 CFR part 61, (b) Distribution to governrnental incorporates by reference a design approved agencies. Upon written request to the (a) Each applicant for issuance of a Reproduction and Distribution Services in accordance with this paragraph unless there exists significant new information license for land disposal of radioactive Section, Office of the ChiefInformation which substantially affects the earlier waste pursuant to part 61 of this chapter Officer, U.S. Nuclear Regulatory determination or other good cause, shall submit with its application to the Commission, Washington, DC 20555-

        .       .      .     .      .                         Director of Nuclear Material Safety and       0001, and to the extent available, copies 3Safeguards the number of copies, as            of draft and final eavironmentalimpact

39. n Appendix Q to Part 50 f specified in S 51.66 of a separate statements and draft final findings of no a agraph 4 is revised to read as document, entitled " Applicant's ows s gnificant impact will be made Environmental Report-License for ,, available in the number requested to Appendix Q lo Part 50--Pre-application Land Disposal of Radioactive Waste. Federal, State and local agencies, Indian Early Review of Site Sultability Issues. The environmental report and any tribes, and State, regiona! and

        .       .      .     .      .                        supplement to the environmental report metro availa le(olitan    clearinghouses.

have been When may incorporate by reference NRC copies

4. Upon completion of review by the NRC staff and,if appropriate by the ACRS. of a information contamed in the exhausted, the requester will be advised submittal under this appendix, the NRC staff application or in any previous that the NRC will provide copies at the shall prepare a Staff Site Report which shall application, statement or report filed charges specified in S 9.35 of this identify the location of the site, state the site with the Commission provided that chapter.

smtability issues reviewed explain the such references are clear and specific nature and scope of the review, state the and that copies of the information so conclusions of the staff regarding the issues incorporated are available at the NRC reviewed and state the reasons for those ART 52-EAM SE MMS,. Web site. http://www nec. gov, and/or at conclusions. Upon issuance of an NRC Staff STANDARDS DESIGN l the NRC Public Document Room' CERTIFICATIONS; AND COMBINED Site Report,the NRC staff shall publish a , , , , , notice of the availability of the report in the LICENSES FOR NUCLEAR POWER I Federal Register and shall make the report 42. Section 51.120 is revised to read PLANTS l available at the NRC Web site. http:// as follows: www.nre gov. The NRC staff shall also send 44. The authority citation for part 52 a copy of the report to the Governor or other g 51,120 Availability of environmental continues to read as follows: appropriate official of the State m which the documents for public inspection. site is located, and to the chief executive of Copies of environmental reports, draft 186,68 Authority: Secs. 103,104,161,182,183, the municipality in which the site is located Stat. 936, H8, m, W, m, M6, as and final environmentalimPact amended, sec. 234,83 Stat.1244, as amended or,if the site is not located in a municipality- statements, environmental assessments- (42 U.S C 2133. 2201,2232. 2233,2236, to the chief executive of the county. and findings of no significant impact, 2239,2282); secs. 201,202,206,88 Stat. together with any related comments and 1242,1244,1246, as amended (42 U.S C envir nmental documents, will be made 5841,5842,5846). PART 51-ENVIRONMENTAL ava at Me E M she, http:// PROTECTION REGULATIONS FOR 45. In Appendix A to part 52, Section uww.nrc g v, and/ r at the NRC Pubh.c DOMESTIC LICENSING AND RELATED VI, paragraph E.1.b. is revised to read as follows: REGULATORY FUNCTIONS

43. In S 51.123, paragraph (a) and (b) are revised to read as follow s: Appendix A to Part 52-Design Certification

40. The authority citation for part 51 Rule for the U.S. Advanced Boiling Reactor continues to read as follows: 6 51,123 Charges for environmental . . . *

• d cuments; distribution to governmen'al g g Authority: Sec.161. 68 Stat. 948. as amended, sec. 1701,106 Stat, 2951,2952. agenu s. , , , , ,

2953. (42 U.S C 2201,2297f); secs. 201. as (a) Distribution to public. Upon E*** amended,202,88 Stat.1242 as amended written request to the Reproduction and 1244 (42 U.S C 5841. 58421 Subpart A also 1*** Distribution Services Sectioti Office of issued under National Environmental Pohcy the Chief information Officer, U.S. b. The reason why the information Act of 1969 secs.102,104,105,83 Stat. 853- Nuclear Regulatory Commission. C"""ntly available to the public at the NRC 954, as amended (42 U.S C 4332,4334, "*h 'i hffP://www nntgav, and/or at the 4 335), and Pub. L 95-404. Title 11,92 Stat. Wash.mgton, DC 20555r0001 and to the .NRC Pub'lic Document Room, is insufficient: 3033-3041: and sec.193. Pub L 101-575, extent available, smglo copies of draft , , , , , 104 Stat. 2835 (42 U.S.C 2243). Sections environmental impact statements and draft findings of no significant impact 46. In A PPendix B to Part 52, Section 51.20. 51.30,5160. 51.80. and 51.97 also , ' VI, paragraph E.1.b. is revised to read as issued under secs. 135,141, Pub. L 97-425. will be made available to interested I IIOWS; SS Stat. 2232,2241, and sec.148, Pub L. persons without charge. Single copies of 100-203.101 Stat.1330-223 (42 U.S C final environmental impact statements Appendix B to Part 52-Design Certification 10155,10161,10168). Section 5122 also and final findings of no significant Rule for the System 80+ Design issued under sec. 274,73 Stat. 688. as a impact will also be provided without * * *

• amended by 92 Stat. 3036-3038 (42 U S C charge to the persons listed in 5 51.93(a) t' 2021) and under Nuclear n aste Policy Act of 1982, sec.121,96 Stat. 2228 (42 U.S C. and S 51.119(c), resPectively. When 1.

10141). Sections 51.43. 51.67, and 51.109 more than one copy of an environmental b. The reason why the information slso issued under Nuclear Waste Policy Act impact statement or a finding of no currently available to the public at the NRC of 1982, sec.114(f) 96 Stat. 2216, as amended . significant impact is requested or when Web site. http://www.nec gov, and/or at the (42 U.S C.10134(f)). available NRC copies have acen NRC Public Document Room,is insufficient.

F (.

  .       24540                           Fed;r:1 Regist:r/Vol. 64, No. 88/ Friday, May 7,1999/ Proposed Rules I

f- 47. In Appendix 0 to Part 52, 50. In 5 60.2, the definition of NRC (d) Copies of all communications by ! paragraph 5 is revised to read as Public Document Room is revised and the Director under this section are follows: the def'mition of NRC Web site is added available at the NRC Web site http:# j Appendix 0 to part 52-Standardization of to read as follows: snvw.nrc. gov, and/or at the NRC Public Design: Staf Review of Standard Designs en , ad cpes m [ $ 60.2 Definitions,

         .         .       .        .    .                                                                     furnished to DOE.

NRC Pub ic ument Room means sed read s foi o I sukm t$1unoe this 1 x, I RC are l regulatory staff shall punish in the Federal the facility at 2120 L Street, NW., Register a determination as to whether or not Washington, DC where certain public 560.63 Participation in license reviews. the preliminary or final desig, is acceptable, records of the NRC that were made j subject to such conditions as may be j available for public inspection in paper (b) In addition, whenever an area has appropriate, and make available at the NRC / or microfiche prior to the been approved by the President for site l Web site, http://nme.nre. gov, an analysis of implementation of the NRC Agencywide characterization, a State or an affected ! d e a Documents Access and Management fp*p oI8n , ., , 1n QAn y_ Indian Tribe may submit to the Dire i relied upon by the regulatory staff and the System, commonly referred to as a proposal to facilitate its particip@,ctoron l ACRS in their review of any individual ADAMS. wdl remain available for in the review of a site characterization l facility license application which public inspection. It is also the place plan and/or license application. The incorporates by reference a design approved where computer terminals are available proposal may be submitted at any time in accordance with this paragraph unless to access the Electronic Reading Room and must contain a description and there exists significant new information component of ADAMS on the NRC Web schedule of how the State or affected which substantially affects the earlier site, http:/ Anne.nre. gov, where copies Indian Tribe wishes to participate in the , determmation or other good cause. can be made or ordered as set forth in review, or what services or activities the l 5 9.35. The facility is staffed with State or affected Indian Tribe wishes

48. In Appendix Q to part 52. reference librarians to assist the public NRC to carry out, and how the services paragraph 4 is revised to read as in identifying and locating documents or activities proposed to be carried out

follows

and in using the NRC Web site and by NRC would contribute to such Appendix Q to Part 52-Pre-Application ADAMS. The NRC Public Document p'articipation. The proposal may include l

l Early Site Review of S;te Suitanility tssues Romn is open from 7:45 am to 4:15 pm. educational or information services i

       .         .       .        .    .                       Monday through Friday, except on              (seminars, public meetings) or other en " *     " an   actions on the part of NRC, such as

4. Upon completion of review by the NRC staff and. if appropriate by the AC'RS. of a access to documents may also be employment or exchange of State submittal under this appendix, the NRC staff requested by telephone (202-634-3273 personnel under the Intergovernmental l shall prepare a Staff Site Report which shall or 800-397-4209) betueen 8:30 am end Personnel Act.

identify the location of the site, state the site 4:15 pm, or by e-mail (PDR@nrc.go6. . . . . . suitabihty issues reviewed. explain the fax (202-634-3343), or letter (NRC l t4ature and scope of the review. state the Public Document Room,I.L-6. (O. Proposals submitted under this conclusions of the staff regarding the issues section, and responses thereto, shag e Washington, DC 20555-0001). mado available at the NRC Web site, reviewed and state the reasons for those NRCI ,b sitr', htt t/Annv.nrc. gov is conclusions. Upon issuance of an NRC Staff http:/Annv.ntc. gov, and/or at the NRC l Site Report, the NRC staff shall publish a the Internet uniform mource locator Public Document Room. I notice of the availability of the :eport in the name for the Internet cdois, of the Web Federal Register and shall make available a site where NRC will ordinarily mde PART 62-CRITERIA AND copy of the report at the NRC Web ute, http:/ available its pubhc records for PROCEDURES FOR EMERGENCY

     /www.nrc. gov. The NRC staff shall also send             inspection                                     ACCESS TO NON FEDERAL AND a copy of the report to the Governor or other            .       .      .     .     .

REGIONAL LOW-LEVEL WASTE appropnate official of the State in which the site is located, and to the chief esecutive of 51 In W18, paragraph (f) .is revised DISPOSAL FACILITIES the municipality in which the site is located to read as follows: g g

                                                 "    E t te hie                t ti          to    t.           96         Review of site characterization     continues to read as follows:
                                                               .      .      .     .     .                       Authority: Secs. 81,161, as amended. 68 Stat. 935,948. 949. 950, 951, as amended (42   ;

PART 60-DlSPOSAL OF HIGH-LEVEL (0 The Director shall publish in the U.S C 2m,220th secs. 201,209.as i RADIOACTIVE WASTE IN GEOLOGIC Federal Register a notice of availability amended. 88 Stat 1242.1248, as amended I REPOSITORIES of the site characterization analysis and (42 U S C 5841 584% sets 3. 4. 5. 6. 99 f l a request for public comment within a Stat.184 3,184 4,1 a 4 5.1846.184 7. t 848. [ 49. The authority citation for Part 60 reasonable period, as specified (not less 1849.1850.1851,1852,1851.1854.1855. continues to read as follows: law 1857. (42 U.S C 202 tc. 2021d. 2021e, than 90 days). The notice along with 2"230 Authority: Secs. St. 53,62,63,65.81,101. copies of the site characterization , j 182,183,68 Stat. 929. 930. 932,933,935. analysis shall be available at the NRC 53. In S 62.11, paragraph (b) is revised

    - 948,953,954, as amended (42 U.S C 2071,                  Web site. httpdhnnv.nrc. gov, and             to read as follows:                            l I

7073,2092,2093,2095,2111,2201,2232, copies of any comments received will 2233h secs. 202,206,88 Stat.1244,1246 (42 also be made available there. 5 62.11 Filing and distribution of a U.S.C 5842. 5846h sets. to and 14, Pub. L. . . . . . determmation request. 95-601. 92 Stat. 2951 (42 U.S C 2021a and . . 5851h sec.102. Pub. L. 91-190. 83 Stat. 853 52. In 5 t;c.61, pat agrgh id) is revised (42 U.S.C 4332h secs.114,121, Pub. L. 97 to read as follows. ,g 1 13 Ilf.an Pu 86. $ 60.61 Provision cd t#cems.> ton. Commission shall publish a notice , 4 sec. 2902,106 Stat. 3123 (42 U.S.C. 5851). * * * *

• acknowledging receipt of the request in j 4

i

E Federal Register /Vol. 64, No. 88/ Friday, May 7.1999/ Proposed Rules 24541 the Federal Register. The notice must 2(19).117(a). t 41(h), Pub. L 97-425. 96 Stat. 1245.1246 (42 U.S.C 5841. 5842. 5845, require that public comment on the 2202,2203. 2204. 2222,2224. (42 U.S C. 5846). Sec 234(a). 83 Stat. 444 as amended , request be submitted within to days of 10101,10137(a),10161th)). Subparts K and L by Pub. L. 104-134,110 Stat.1321,1321-349 I l the publication date of the notice. A are also issued under sec.133. 98 Stat. 2230 (42 U.S.C 2243(a)). (42 U.S C.10153) and sec. 218(a). 96 Stat. Sec. 76.7 also issued under Pub. L. 95-601, copy of the request will be made i 5 I4 U S C 1 I 8I- sec. to. 92 Stat. 2951 (42 U.S.C. 5851). Sec. available for inspection or copying at 76.22 is also issued under sec.193(f), as the NRC Web site, http:/hvww.ntc. gov, 58. In S 72.200, paragraph (c) is 5a *"ded b Pub. and/or at the NRC Public Document , revised to read as follows: "*["d t g. 9 th 32' 349 Room. The Secretary of the Commission U.S C 2243(f)). Sec. 76.35(i) also issued s 11 also transmit a copy of the request s 72.200 Provision of MRS information. under sec.122,68 Stat. 939 (42 U.S.C 2152), to the U.S. Department of Energy, to t)(e Governors of the States of the Compact (c) Copies of all communications by 62. In S 76.37, paragraph (a) is revised region where the waste is generated to the Director or the Director's designee to read as follows: the Governors of the States with under this section must be made 5 76.37 Federal Register notice. operating non-Federal low-level available at the NRC Web site, http:// . , , , , radioactive waste disposal facilities, to www.nec. gov, and/or at the NRC Public Document Room, and must be furnished (a) A notice of the filing of an i the Compact Commissions with operating regional low-level radioactive to DOE. application specifying that copies of the waste disposal facilities, and to the PPlication, except for Restricted Data. PART 75-SAFEGUARDS ON Unclassified Controlled Nuclear Governors of the States in the Compact Commissions with operating disposal NUCLEAR MATERIAL- Information. Classified National facilities. IMPLEMENTATION OF US/lAEA Security Information. Safeguards

      .       .    .     .      .                  AGREEMENT                                                Information. Proprietary Data, or other withholdable information will be made

56. In % 62.22, paragraph (c) is revised 59. The authority citation for part 75 available for the public inspection at the to read as follows: continues to read as follows: NRC Web site http://www.ntc. gov; 56222 Notice ofissuance of a A uthority: Sect 51. 61.10.1. to4 122.161.

determination. 68 Stat. 930,932. 9 36. 937. 939,94a. a amended i42 U.S C 2073. 2093. 2133. 2134. PART 100-REACTOR SITE CRITERIA (c) The Secretary of the Commission [l/j?d' $' $"/ N "'h M * ' 4 ' 63. The authority citation for part 100 I I shall make a copy of the final continues to reatg as foigows: i ! determination availab'e for inspection at S"h"" 75 4 dh" 'nued under secs.135. t 4 L Puh L 97-425. 96 Stat. 2232. 224 t (42 Authority: Secs. 103,104,161.182.68 the NRC Web site, http://www.nrc. gov, U.S C 10155,10161). Stat. 936,937,948,953, as amended (42 U.S C 2133,2134. 2201. 2232h secs. 201, as ! PART 72-LICENSING 60. In S 75.2, paragraph (b) is revised REQUIREMENTS FOR THE to read as follows, amended. 202. 88 Stat.1242. as amended. l ' 1244 (42 U.S:C. 5841. 5842). INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL 5 75.2 scope. 64. In S 100.11 the undesignated

RADIOACTIVE WASTE paragraph after the note is removed and pe Un d States eligible list is a a new paragraph (c) is added to read as 57, The authority citation for part 72 list of mstallati ns eligibla for IAEA follows

I continues to read as follows: safeguards under the US/lAEA 5100.11 Determination of exclusion, tow I Authority: Secr,. 51.53.57.62.61.6s.69. Safeguards Agreement which the p puabon zone, aM poputauon center ( 81.161.182. tal.184.186.187.189 68 Stat. Secretary of State or hi; designee files ""* l 929.930.932.933.934.935,94H.953.954. with thdCommission. A copy of this list * * * *

• 915. as amended, sec. 2 34. 8 3 Stat 444. as is as adable for inspection at the NRC amended (42 U.S C 2071,2073. 2077. 2092' (c) Copies of Technicalinformation Web site http://wnw.nrr. gor, and/or at 2093.2095.;'099.2111.2201.2232.2233.

6 E Mk Duw ha 6 Document 14844 may be obtained at the i4j accordance with the provisions of the NRC Web site, http://uww.nrc. gov, at 8 373 73 ttt 8aan the NRC Public Document Room. 2120 U.S C 2021). sec. 201. as amended. 202.206. Agreement, the followmg activities are 88 Stat.1242. as amended. 1244.1246(42 excluded from the United States eligible L Street. NW., Washington, DC. or by writing the Director of Nucleat Reactor U.S C 5841. 5842. 5846h Pub L 95401. sec hst:

10. 92 Stat. 2951. as amende 1 by Pub. L 102- (1) Activities having direct national Regulati n. U.S. Nuclear Regulatory 486. sec. 7902,106 Stat. 3123 (4 2 U.S.U Commission. Washington, DC 20555-security signitkance. g 585t h sec.102. Pub. L. 91-190. 81 Stat. 853 '

(42 U.S C 4312): secs.131.132.133.135. (2) Attivities involving mining and 137,141. Pub. L. 97-425. 96 Stat. 2229. 22 30. ore processing. pART 110-EXPORT AND IMPORT OF 2232. 2241. sec.148. Pub. L.100-201, t ot . * * *

• NUCLEAR EOUIPMENT AND Stat. 33w235 (42 U.S C 10151,10152. MATERIAL 10153.10155,10157,10161.101681 PART 76-CERTIFICATION OF .

Sect 72 44(g) abo issued under secs. GASEOUS DIFFUSION PLANTS 65. The authority citation for part 110 142(b) and 148(c). (d). Pub. L. 100-203.101 continues to read as follows: Stat.133th232,122(b236 (42 U.S C 61. The authoritv citation for part 76 10162(b).10168(c) (dih Sectmn 72.46 aho Authority: Seu. $ 1. 53. 54, 57. 63,64. 65. continues to read as follows: 8i.82,103.104,109,til.126,127.128.129. Issued ueder sec.189. 68 Stat. 955 (4 2 U.S C 2239h sec.134. Pub. L. 97425. 96 Stat. 2230 Authority: Secs.161. 63 Stat. 948, as 161,181.182.183.187.189. 68 Stat. 929. (42 U.S.C 10154). Section 72.96(dJ also amended. wcs. 1312.1701 as amended.106 930.931,932.933.936.917.948.953.954. issued under sec.145(gh Pub. L 97-10fb203. Stat. 2932,2951. 2952. 2953. I10 Stat.1321- 955. 956, as amended (42 U.S C 2071. 2073. 101 Stat.133(h235 (42 tl.S C 10165(gl). 349 (42 U.S C 2201,2294-11,2297fh secs. 2074.2077,2092-2095.2111,2112,2133, Subpart J also issued under secs. 2(2),2(15), 201, as amendml, 204. 206. 88 Stat.1244, 2134,2139,2139a,2141,2154-2158,2201.

F'

  .o 24542                      Federal Register /Vol. 64, No. 88/ Friday, May 7,1999/ Proposed Rules 2231-2233,2237,2239); sec. 201,88 Stat.             67. In S 110.70, paragraph (d) is             For the Nuclear Regulatory Commission.

1242. as amended (42 U.S.C 5841), sec. 5. removed and paragraph (a) is revised to A. J. Galante, Pub 101 575,104 Stat. 2835 (42 U.S.C read as follows: ChiefInformation Officer. [FR Doc. 99-11246 Filed 05-06-99; 8.45 aml Sections 110.1(b)(2) and 110.1(b)(3) also $ 110.70 Public nt,tice of receipt of

       ' issued under Pub. L 96-92,93 Stat. 710 (22      application.                                   s LuNo coes 7sso-os-e U.S.C 2403). Section 110.11 also issued under sec.122,68 Stat. 939 (42 U.S C 2152)          (a) The Commission will notice the tnd secs. 54c and 57d.,88 Stat. 473,475 (42 - receipt of each license application for an DEPARTMENT OF TRANSPORTATION U.S.C 2074). Section 110.27 also issued         export or import for which a specific under sec. 309(a), Pub. L 99-440. Section          Cense is required by making a copy         Federal Aviation Administration 110.50(b)(3) also issued under sec.123. 92 . vallable at the NRC Web site. http://

Stat.142 (42 U.S.C. 2153). Section 110.51 www.nrc. gov. 14 CFR Part 39 also issued under sec.184,68 Stat. 954, as' , , , , , amended (42 U.S.C 2234). Section 110.52 (Docket No. 97-NM-151 -AD] also issued under sec.186. 68 Stat. 955 (42 68. Section 110.71 is revised to read U.S.C 2236). Sections 110.80-110.113 als as follows. M 212MW issued under (5 U.S.C 552,554). Sections 110.130. .110.135 also issued under (5 U.S.C. $ 110.71 Notice of withdrawal of an Airworthiness Directives; Saab Model 553). Sections 110.2 and 110.42(a)(9) also application. SAAB 2000 Series Airplanes

' issued under sec. 903, Pub. L 102-496 (42 7 U.S.C 2151 et seq.). The Commission will notice the AGENCY

Federal Aviation 66, in S 110.2 the definition of Public withdrawal of an application by making Administration, DOT.

a c py available at the NRC neb site, ACTION: Sup lemental notice of Document Room is removed and new htfP /^'" Drc SOV. Proposed ru emaking; reopening of definitions of NRC Public Document Room and NRC Web site are added to 69. In S 110.72, the section heading c mment PM od. read as follows: and introductory text are revised to read

SUMMARY

This document revises an a I II W5: earlier proposed airworthiness directive

       $ 110.2 Definitions e       .     .      .      .                   $ 110.72 Public availability of documents.     (AD), applicable to certain Saab Model SAAB 2000 series airplanes, that would NRCPublic Document Room means                    Unless exempt from disclosure under have required repetitive inspections for the facility at 2120 L Street. NW.,             part 9 of this chapter, the following          excessive wear of the aileron control Washington, DC where certain public             documents pertaining to each license           cables, cable guides, and cable pulleys records of the NRC that were made               and license application for an import or located at the rear wing spars; and avallable for public inspection in paper export requiring a specific license under corrective actions, if necessary. That or microfiche prior to the                      this part will be made available at the        proposal also would have required implementation of the NRC Agencywide NRC Web site, http://www.nre. gor, and/ repetitive replacement of the control Documents Access and Management                 or at the NRC Public Document Room:            cables and cable guides with new or System, commonly referred to as                 .        .     .     .     .                   serviceable components. That proposal ADAMS, will remain available for                                                                was prompted by issuance of mandatory public inspection. It is also the place              70. In % 110.112, paragraph (b) is        continuing airworthiness information by where computer tenninals are available revised to read as follows:                             a foreign civil airworthiness authority.

to access the Electronic Reading Room This new action revises the proposed

                                                      $ 110.112 Reporter and transcript for an component of ADAMS on the NRC Web oral hearing.                                                 Tule by expanding the applicability of site, http:/Anrw.nrc. gov, where copies          .        .     .     .     .                   the proposed rule to include additional can be made or ordered as set forth in                                                          airplanes. In addition, this new action 59.35. The facility is staffed with                   (h) Except for any classified portions,   provides for optional terminating action reference librarians to assist the public        transcripts will he made available at the for the repetitive inspections. The in identifying and locating documents            NRC Web site, http:#www.ntc gov, and/ actions specified by this new proposed and in using the NRC Web site and                or at the NRC Public Document Room.            AD are intended to detect and correct ADAMS. The NRC Public Document                   .        .     .     *     .

excessive wear on the alleron control Room is open from 7:45 am to 4:15 pm, cables, cable guides, and cable pulleys Monday through Friday, except on 71. In 41 ta113, paragraph (c) .is located at the rear wing spars, which' Federal holidays. Reference service and revised to read as follows: could result in broken aileron control access to documents may also be cables and consequent reduced

                                                      $ 110.113 commission action.

requested by telephone (202-634-3273 . . . . . controllability of the airplane. or 800-397-4209) between 8:30 am and DATES: Comments must be received by 4:15 pm, or by e-mail (PDR3nte. gov), (c)If the Commission considers . June 1,1999, p fax (202-634-3343), or letter (NRC iniormation not in the hegring record in ADDRESSES: Submit comments in Public Document Room. LL-6, reaching its licensing decision, the Washmgton, DC 20555-0001). hearing participants will be mformed triplicate to the Federal Aviation Administration (FAA). Transport and.,if not classified or otherwise NRC Web site, http:/Annv.ntc. gov, is ieged,the fo tio wil be made Airplane Directorate, ANM-114,

                                                      ,Pr                                             Attention: Rules Docket No. 97-NM-ths Internet uniform resource locator                                                            151-AD,1601 Lind Avenue, SW.,

I name for the Internet address of the Web innnnec.g v and furm. she'd to the Renton, Washington 98055-4056. sita where NRC will ordinarily make Participants'

                                                       *        *      *    *

• Comments may be inspected at this av:ilable its public records for location between R00 a.m. and 3:00 inspectioJ. Dated at Ret.kville. Md. this 1: day of p.rn., Monday through Friday, except April 1999. Federal holidays.

24542 Federal Register / Vol. 64. No. 88 / Friday Mav 7 1999/ Proposed Rules ) 2231-223 3,223 7. 2239), sec. 201. 88 Stat.

67. In % 11030, paragraph (d) is For the Nuclear Recdaton Commmm 1242, as amended (42 U.S C 5841). sec 5 removed and paragraph (a) is raised to 1 J Galante.

Pub. L 101-575.104 Stat 2835 (42 U S C read as follows: cNH Normatwn pfhcer Sections 1101(b)(2) and 1101(b)(3) also 5 110.70 Public notice of receipt of lF R Dot 9&11246 Filed 05WR 8 45 and issued under Pub L %-92. 93 Stat 710(22 application. BILUNG CODE 75904-P U.S C. 2403). Section 11011 also issued under sec.122. 68 Stat. 939 (42 lES C 2152) (a),The Commission wdl notite the and secs 54c and 57d. 88 Stat 473. 475 (42 receipt of each license application for a" U.S C. 2074). Section 110 27 also issued DEPARTMENT OF TRANSPORTATION export or import for which a specific under sec. 309(a). Pub L. 9%440 Section ycense is required by making a copy 110.50(b)(3) also issued under set.12 3 92 Federal Aviation A 1%mstration

                                                                             .available at the NRC Web site, http //

Stat.142 (42 U S C 2153) Set non 110 51 ' wwu nec got also issued under beC.184. 68 Stdt. 954, as ' 14 CFR Part 39 amended (42 U S C. 2234L Section 110 52 also issued under set.186. 68 Stat 955 (42 [ Docket No. 97 u 151-AD) 68 Section 110 71 is revised to read LLS C. 2236). Sections 110 84-110 t il also RIN 2120 A i issued under (5 U S C 552,554) Ser tions as follows. 110 130-110 135 also issue 91 under (5 l' S C 5110.71 Notice of withdrawal of an h >s Directives; Saab Model 553) Sec tions 110 2 and 110 42(aH9) also apphcation. eu Series Airplanes issued under sec 403. Pub L 102-4% (4? LLS C 2151 et seq ) The Conunission will nota e the a e i. deral e Aviation fm In % 110 2 the defimtion of Puhhr uithdrawal of an applu atmn bs maira cu m stration. DOT. a < opt n aibble at the NRC Weh sde. ACDONt Supplemen'al notu e N Document Room is remouuf md new defimtions of XRC Pubhc IMa , nt &' nawm - ed rulediu nupenum M Room and NRC Web sne are olded to ho :n 4110 ,i 'he e non hewmg le , mm m period read as follow s. and mirodut fors test are rm ised to read is toiM s SUMMAm: This document resises an carher proposed airw orthiness diretta e 3 110.72 Pubhc'avadabahty of docurnents. @h app nde 10 (edain Ed WM NRC Pubhr Document Rum means N A AB 2000 series airplanes. that a uuld the facihty at 2120 L Street. NW t Wrss esempt from distlosure under hn e required repetitu e inspettions for pan 9 of this t hapwr, the foHowmg cu essive wear of the aileron control Washington. DC w here < ertain puhhc e uments pertaming to eat h th ense records of the NRC that were made ( ables. table guides. and cable pulleys available for public inspe( tion m paper and lu ense application for an import or located at the rear wing spars; and or microfiche prior to the nport requirmg a spe(ific he ense under corret five actions, if necessary. That this part will be made asadable at the proposal also would has e required implementation of the NRC Agent ywide NRC Web site. http on wu nec goe. and/ repetitive replacement of the control Documents Access and Management or at the NRC Pubhc Doe tunent Room- tables and cable guides with new or System, commonly referred to as . . . . ADAMS, will remain available for sen u.eable ( omponents. That proposal uas prompted bs issuant e of mandatory public inspection. It is also the pLu e 70 In 411011/. paragraph (bl is where computer ternunals are n adah!e reuwd u re ni as folk"" i onnnuing airw orthiness informatmn b'y to access the Electrona R"admg Room a formen uvd airworthiness authontv component of ADAMS on the NRL Web i 110.112 Reporter and transcnpt for an Ttus new E hun res nes the proposed site, http < n wa nrc gor. w here i opies orai neanng rule bs rspandmg the appht abihty of

                                                                       .                                               .           the proposed rule to im lude additiona,l can be made or ordered as wt torth                                                                                            or:R u.e s h a<hhtmn. this new ai non s 9 35 The facihty is staf fed uith                                            im ep' h : ms i lassita a pomons reference librarians to assat the puh!u                                                                                      pro'        es tor ophonal ternunanne n tion r i:n v s a ul 6 m.nie a n;ah!" at th" m identifying and locanne do< uments                                                                                         M % r pchtne mspm 'mns Th+

NRf ' W n s ', hup n a a nn m . uu! + .ons spm thed by this new proposed and in using the NRC Web ser and a e me NR(' Pohla Doi ment Rmom ADAMS The NRC Pubhc Dm ument . . . AD ne miended to detent and i orrn t

                                                                                                                                   ,.u , ssa e w ear on the aderon i omrW Room is open from ~ 451m to 415 pm.

Monday through FrnLv. eu ep' o ~; ' < iblrs < aNe cuides and r ah!r pullevs Federal hohdays. Ret" rem , u 'ne md .

                                                                                             ',1reI "u I,I t' Pd """* T " " I '   :. n un e " e re ir a me spars. whic n access to documents may 60 h"
                                                                                                                                               ? :esuh m brubn fxron < cntrol requested by telephone (202-6 + m 4                              $ 110.113 Commission action.                                 ' e es and ( on#quent red m ed
                                                                                                                                  < omronabihts of the u rp h n" or 800-19L4/09) betw een 8 U n am ):d!

415 pm or by e-mad (PDRann em h i H 'M Mna , en onviers CATES: (.omments must be rm en ed by gy ) 3 9% fn (202-614-1141). or letter [NR(. m b emi st u m m d i i t*:" he nin; ro or ! , . Pubhc Doc ument Room, LL-6. wr h.ne N in enMng dm bion. ta> e ADCAESSES: Subunt t on ments i i Washmgton. DC 20 5 3 5-00u 1 ) mnne parta ip mt, w dl he .nformed trNu r ne to the F. eder o, As uhon md. d not < ; hsihed or otheru m Al austratmn H. A AL I ransport

        .\.RC. Web ute. http o wn w nrr w n . i s                   tnra deced. the m form ihon u ill be made Anf&ne Dirm f orate. A N M- 114.

the Internet umform resourt e locator .n adab!r at t he ,s.RL h.e h sde. htfj> Aoennon Rules Dot bH No D - N M-name for the Internet address of th" n.e b n u n nr< eor. .md furnished 'o the til-AD 1h01 Lmd As enue. SW R, Site w here NRC will ordinarth m m P"""'P""" ton. Washmcon womansh nadable its pubhc records for * * * *

• Lomments may be inspm ted at this inspetton. W som hetaeen u 00 a m and 1 N wnt j % n 1, ud % i aa l * * * *
• p m . Monde through I r"im . e o opt A pr.! t viy federid hohda s

24542 Federal Register / Vol. 64, No. 88 / Friday, May 7,1999 / Proposed Rules 2231-2233,2237. 2239), sec. 201,88 Stat.

67. In S 110.70, paragraph (d)is For the Nuclear Regulatory Cornmission 1242, as arnended (42 U.S C. 58411. sec. 5.

Pub. L 101-575,104 Stat. 2835 (42 LLS C. removed and paragraph (a) is revised to A. J Galante, 2243). read as follows: ch,efinformanon officer , Sections 110.1(b)(2) and 110.1(b)(3) also 5110.70 Public notice of receipt of [FR Doc. 94-11246 Filed 05-06-99. 8 45 aml issued under Pub. L 96-92. 93 Stat. 710 (22 application, em coM 7sw U.S.C. 2403). Section 110.11 also issued under sec.122,68 Stat. 939 (42 U.S C. 2152) (a) The Commission will notice the and secs. 54c and 57d.,88 Stat. 473. 475 (42 receipt of each license application for an U.S.C. 2074). Section 110.27 also issued DEPARTMENT OF TRANSPORTATION export or import for which a specific under sec. 309(a). Pub. L. 9%440. Section l/ cense is required by making a copy 110.50(b)(3) also issu-d under sec.123. 92 Federal Aviation Administration Stat.142 (42 U.S.C 21531 Section 110.51 l available at the NRC Web site, http:// also issued under sec.184,68 Stat. 954 as aww.nre gov. 14 CFR Part 39 amended (42 U.S C. 2234). Section 110.52 [ Docket No. 97-NM-151-AD) also issued under sec.186. 68 Stat. 955 (42 68. Section 110.71 is revised to read U.S C. 2236). Sections 110 Ba-110.113 also as follows: 212 M W issued under (5 U.S C 552,554). Sections 110134-110.135 also issued under (5 U S C g 110.71 Notice of withdrawalof an Airworthiness Directives; Saab Model 553). Sections 110 2 and 110 42(aM9) also application. SAAB 2000 Series Airplanes issued under sec. 903. Pub L 102-496 (42 LLS.C. 2151 et seq 1 The Commission will notite the AGENCY: Federal Aviation

66. In S 110.2 the defim.t ion of Public withdrawal of an application bv making Administration. DOT.

y available at the NRC Web site. AcnON: Supplemental notice of Document Room is remos ed and new definitions of NBC Pubhc Dorament W a cop!. wmv nrc A'w proposed rulemaking. reopening of Room and NBC Weh .ute are added to fa In % 110 72 the set tmn heading '""""""'P" read as follows: and mtroductory text are resised to read

SUMMARY

This document revises an 9 110.2 Definitions. " FE "

9110.72 Pubhvavadability of documents. ( A D), pplicable to certam Saab Model SAAB 2000 senes airplanes. that would NRC Pubhc Document Room means the facihty at 2120 L Street. NW.- Unless exempt from disclosure under have required repetitive inspections for part 9 of this chapter, the followmg excessive wear of the aileron control Washington, DC where tertam public documents pertaining to each license records of the NRC that were made cables, cable guides. and cable pulleys and ht ense application for an import or located at the rear wing spars; and available for public inspection in paper export requiring a specific license under corrective actions, if necessary. That or microfiche prior to the this part will be made available at the proposal also would have requirf d implementation of the NRC Agencywide NRC Web site, http/hrwwnrc. gov, and/ repetitive replacement of the control Documents Access and Management or at the NRC Public Document Room: System, commonly referred to as cables and cable guides with new or ADAMS, will remain available for serviceable components. That proposal was prompted by issuante of mandatory public inspection. It is also the place 70 in % 110.112. paragraph (b) is ~ where computer terminals are available revised to read as follow s continuing airworthiness information by to access the Electronic Reading Room a foroign civil airworthiness authority. component of ADAMS on the NRC Web 6 110.112 Reporter and transcript for an This new action resises the proposed oral heanng. rule by expanding the applicabdity of site, httpdhrww.nre gov. w here topies . . . . . the proposed rule to include additional can be made or ordered as set forth m airplanes. In addition, this new action 5 9.35. The facihty is statfed with N Eu ept for any classihed porhons. reference librarians to assist the pubhc proudes for optional terminating action trans< npts aill be made aailable at the for um repet tise inspections The in identifying and locatmg documents and in using the NRC Web site and NRC Web sae, http wu n vn gov, and/ actions speufied by this new proposed or at the NRC Pubhc Document Room AD are intended to detect and correct ADAMS. The NRC Public Document - - - -

• Room is open from 7:45 am to 4:15 pm. eu essa e wear on the aileron (ontrol Monday through Friday. except on 71 In w lin i11. p irwraph h 1 ( ables, cable guides. and cable pulleys Federal holidays. Referent e s"rs ite and r" * "dt"f"^d"*I"U""* 6 m d a the rar mm sprs whi 6 access to documents may also b" i a me in brobn aileron control 5110.113 Commission action. tab!es and consequent reduced requested by telephone (202-M4-1273 . . . . .

tantrollabihty of the airplane. or 800--397-4209J between 8:30 am and 4:15 pm. or by e-mail (PDRance gov). kJ 'f the Commission tonuders DATES: Comments must be retened by fax [202-634-3343), or letter (NRC gny n gqq, information not m the hearing re( ord m Public Document Room. LL-E reathmg us lit ensmg decision. the ADDRESSES: Subnut comments m Washington DC 20555-0001J hearmg participants will be mformed g 7 g,g g;

      .           .    .      .     .                      and, if not classified or otherwise                  .

m TWM NRC Web site http/hva w nrc gov is privileged, the information will be made Airplane Dm.torate. ANht-114. tn, e Internet uniform resource locator & b W b s , My b Attention Rules Docket No 47-NM-name for the Internet address of the Web m gov, and furnished to the 151-AD.1601 Lmd Avenue. SW site where NRC will ordinarily make P"' " P "" Renton. Washington 48055-40 m available its public records for' * * * *

• Comments may be inspected at this

( ~ mspection. location between 9 00 a m. and 3 00 l IWd at h< h die Md this l' day of l

     .           .     .     .

• p m , Monday through Fnday, euept Apnl.1 m Federal holidays.

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