ML20211N978

Concurs with Direct Final Rule Re Electronic Availability of NRC Public Records & End of NRC Lpdr program,10CFR1,2,7,9, 50,51,52,60,62,72,75,76,100 & 110

ML20211N978
Person / Time
Issue date:	01/14/1999
From:	Shelton B NRC OFFICE OF THE CONTROLLER
To:	Racquel Powell NRC OFFICE OF THE CONTROLLER
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, AG07-1-013, NUDOCS 9909130115
Download: ML20211N978 (48)

Text

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f?G 07-/

l b /gCEog*4 y*. UNITED STATES

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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001

,,,,,* January 14,1999 l MEMORANDUl/ TO: Russell A. Powell, Chief Information Services Branch information Management Division Office of the Chief Information Officer s...,r._.h N /4 Brenda Jo. Shelton, Chief FROM:

Records Management Branch Information Management Division Office of the Chief Information Officer

SUBJECT:

REQUEST FOR COMMENT AND CONCURRENCE ON A DIRECT FINAL RULE ENTITLED

• ELECTRONIC AVAILABILITY OF NRC PUBLIC RECORDS AND END OF NRC LOCAL PUBLIC DOCUMENT ROOM PROGRAM" 10 CFR PARTS 1,2,7,9,50, 51,52,60,62. 72,75,76,100, AND 110 The Office of the Chief Information Officer has reviewed the subject Direct Final Rule and concurs in it. However, please replace the Paperwork Reduction Act Statement (PRAS) with Attachment 1 to reflect our conclusion that the rule contains no new information collection requirements and that existing requirements are approved under the Office of Management and Budget approval numbers for Pads 9,50,51,52,60,62,72,75,100, and 110. Attachment 2, which contains comments and annotated pages from the rule, is also attached for your consideration before finalizing the rule for publication.

We have placed publication of this rule on hold with the Office of Administration pending replacement of the PRAS. Should you require further information, please contact Doris J.

Curseen at 415-5876 or e-mail DJF3.

Attachments: As stated.

cc: D. Meyer, ADM (w/att.1 only)

J. Badlett, OClO (w/att.2 comments only)

J. Blanton, OCIO(w/att. 2 comments only)

K. Shaw, OClO(w/att. 2 comments only) i I

r 9909130115 990900 O

! PDR PR i 1 64FR24531 PDR Yh0llb _

f-4 9

Papensork Reduction Act Statement This final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget, approval numbers 3150-0043,3150-0011,3150-0021,3150-0151,3150-0127,3150-0143,3150-0132,3150-0055,3150-0093, and 3150-0036.

Public Protection Notification ,

if a means used to impose an information collection does not display a currently valid OMB control number, the NRC may not conduct or sponsor, and a person is not required to respond to, the information collection.

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l Attachment 1 l

J

COMMENTS ON DIRECT FINAL RULE ELECTRONIC AVAILABILITY OF NRC PUBLIC RECORDS AND ENDING OF NRC LOCAL PUBLIC DOCUMENT ROOM PROGRAM 10 CFR PARTS 1, 2, 7, 9, 50, 52, 60, 72, 75, 76,100, AND 110 On page 2, Supplementary information section, the second sentence which reads "The NRC is establishing...the electronic submission, storage, and retrieval of all NRC official records,"

please delete the word "all."

On page 3, J

ltem 1, the wording should be changed to reflect that ADAMS Internet access will provide "new records" not just current records..

The first statement in item 3 which reads, "New records will be available to the public within days...," should be modified to "Some new records will be available to the public within days.. " A decision has not been made as to how quickly information will be released to the public. There are discussions that focus on the need to screen material for allegations etc., after it is placed in ADAMS versus the need to release information quickly to the public. It is anticipated for certain classes of documents, e.g., Public Affairs releases, press releases, etc., will be released immediately. But for incoming j

~

documents received by the agency and many other internally generated documents, there probably will be a timed delay built into the system for review and quality contro! ,

over what will become publicly available.

On page 12,2.4 Definitions, the first sentence of the definition for the NRC Public Document Room should be consistent with the definition found in 60.2 and 110.2. It should read "NRC Public Document Room means the facility at 2120 L Street, N.W. Washington, D.C. at which certain public records of the Commission that were made available in paper or microfiche remain available for public inspection untilimplementation of the NRC Agency wide Documents Access and Management System, commonly referred to as ADAMS. ,-travhich all rccords arc lcctronic." The latter part of the definition is deleted because descriptions and locations of some records will be in ADAMS, but the actual record may be in a specified location outside of ADAMS.

On page 13, under Section 2.101, paragraph (a)(2) the sentence begins "A copy of the tendered application will be available for public inspection at the NRC Web site, htto://www.nrc.oov...." It I should read "A copy of the tendered application will be available for public inspection from ADAMS at the NRC Web site, http://www.nre aov.. " The phrase "from ADAMS at the NRC Web site" signifies where the publicly available records will be found. There are several locations throughout the rule and these locations are annotated on the attached pages.

On page 19, item (2), first line, the Licensing Support System should be changed to Licensing Support Network to comply with ongoing rulemaking.

Attachment 2

4 7590-01-P l

NUCLEAR REGULATORY COMMISSION 10 CFR Parts 1, 2, 7, 9, 50, 51, 52, 60, 62, 72, 75, 76,100, and 110 RIN 3150 AG07 ELECTRONIC AVAILABILITY OF NRC PUBLIC RECORDS AND ENDING OF NRC LOCAL PUBLIC DOCUMENT ROOM PROGRAM i

Agency: Nuclear Regulatory Commission. l Action: Final rule.

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Summary: The Nuclear Regulatory Commission (NRC) is amending its regulations to reflect a change in the way its records are made available to the public. This amendment is necessary to reflect a new document management system that permits the electronic storage, retrieval, and on-line ordering of all publicly available NRC official records through the NRC Web site.

Effective date:(no sooner than 30 days from date of publication)

For Further Information

Contact:

Russell A. Powell, Chief, Information Services Branch, Information Management Division, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, telephone 301-415-6527, email: RAP 1@nrc. gov.

1

Supplementary Information:

The Nuclear Regulatory Commission (NRC) is amending its regulations that make NRC records publicly available. The NRC is establishing the Agencywide Documents Access and Management System dek#

(ADAMS) that will allow for the electronic submission, storage, and retrieval ofpRC official records.

Under ADAMS, when NRC official records are created or received from outside sources, if appropriate, fhdny they will be made publicly available.Arpublicly available records will then be accessible electronically from the ADAMS Public Library component on the NRC !^Paa Web site, http://www.nrc. gov, (the Electronic Reading Room).

When ADAMS becomes operational, NRC will discontinue furnishing paper and microfiche copies of its publicly available records to the NRC Public Document Room (PDR), located in Washington, D.C.,

and the Local Public Document Rooms (LPDRs), located near nuclear power plants and other nuclear facilities. Under ADAMS, NRC will make a WG m;.:, -cv d ~^d public documents available electronically through the ADAMS Electronic Reading Room on the NRC Internet Web site. The NRC's LPDR program will be discontinued once records are available at the NRC Web site. The public will still i

be able to obtain paper copies of new electronic records by printing them from the NRC Internet Web site, by ordering them from the PDR directly from the NRC Web site, or by ordering them from the PDR using current ordering methods. These methods are: in-person at the PDR, mail, e-mait, fax or by calling the PDR Reference Services on the toll-free 800 telephone number. Bibliographic descriptions of documents currently identified in the PDR's Bibliographic Retrieval System (BRS) and in NUDOCS will be posted on the NRC Web site, allowing the public to also order copies of pre-ADApS paper and microfiche records 6tfrovidLb that have been available from LPDRs. The public will also hews. access to the NRC Web site from computers located in the NRC PDR or any other computer with internet access, and will be able to penne' 2

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,-~e <~3, 3 gmpnem *q., - : g ;;_ The projected date for establishment of the Elect de+ober Room at the NRC Web site is Augus41,1999.

&/g cM h 3 The projected date for availability of documents on the NRC Website should not 3 *4 I j be included. The date of implementatio i has changed many times so far and 100 - as such it would not be recommended that we put a date in this document.

rule amends the regulations in 10 CFR Parts 1,2,7,9,60,b1,oz,ou,cz, u, w,,o, ...

reflect the manner in wh'ich these records will be made publicly available.

The NRC currently maintains 86 LPDRs in the vicinity of nuclear reactor and materials licensees:

72 support power reactors; 2 support gaseous diffusion plants; 3 support high-level waste repositories; and the remaining 9 support fuel-cycle, low-level waste, and other facilities. A survey of the facilities s

where LPDRs are currently located revealed that all but six now provide, or will provide Internet access to its patrons by 1999.

Under the Telecommunications Act of 1906, the Federal government is supporting Internet access from public libraries and schools through fees collected tinder regulations issued by the Federal Communications Commission. Likewise, many States have programs g t (WCY's C , supl porting inte,rn public libraries. Therefore, the public will be able to access all new NRCgublicly available records at most of the current LPDR locations, as well as through other local hbraries, schools, offices, or home personal computers with Internet access.

l Additionally, ADAMS will provide the following added benefits that should preclude or minimize l

any public concerns regarding the impact from discontinuing the LPDR program:

neW

1. ADAMS Internet access will provide access to suma records in full text and image.

3 l- .-

2. ADAMS will provide an improved electronic search capability. Under the existing system, only the bibliographic indexes and abstracts for most records are available from the online BRS and NUDOCS.

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3. Ne * - " eks or longer it now

. 83 1 A 5 r\0 h h 6E., A.

takes for LPC i

4. Int C G.O E- V Q ~ ~i @t- ME A C iuch broader range of the publicI g \.f ( C. Q. 6f t E h e,o le PDR and LPDRs.

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~-

g Mt., k IAC YING. .

Given these 9 am after the ADAMS Elec The NRC also intends to transfer to tne ouvemmein , m.... 3 ..... . ,_. ., ederal Depository Library Program, through an interagency agreement, existing NUDOCS 48X microfiche collections, which have been issued since January,1981. The goal will be to make available, through Regional Depository Libraries, at least one NUDOCS 1981+ 48X microfiche collection in each state that currently has a LPDR.

Preference for retention of the collections will be given to LPDRs presently housing them To reflect the discontinuance of NRC support of libraries serving as LPDRs, references to NRC LPDRs have been deleted in 10 CFR 2.1231( a)(1)(ii), and (b); @ 9.35 (b) and (e); @ 51.120; Part 52, Appendix O, Section 5; Part 52, Appendix Q, Section 4, and @ 76.37 (a).

l In addition, several other minor conforming changes have been inade. The definition of the  !

$et vWt m o c cm e tyn bg ud evd.! ag .

PDR in 10 CF 2.4, 0.2, and 110.2 is now in a now paragraph (a) ar,i has been revised to reflect

- that records newly created or received since the implementation of ADAMS that are publicly available are now available in the PDR in electronic form for inspection and copying, and that copies 4

. can be ordered from the PDR. A new paragraph (b) defines the NRC Web site as the Internet location where NRC records are made available for public inspection and copying and that the public can also order copies of documents from the PDR through the NRC Web site.

Section 9.2 (a) has been revised to delete the reference to the availability of records on 48x microfiche through the National Technical Information Service (NTIS). When NRC begins making its records available from the NRC Web site, microfiche copies will no longer be produced. Added to @ I 9.21 (a)is the address for the NTIS and statement that certain listed documents can be ordered from I

the NTIS. Section 9.21 (d) has been deleted because the publication Title List of Documents Made Publicly Available, NUREG-0540, wdl no longer be published. Section 9.21 (e) has been revised to show that only the published versions of final opinions and orders, referred to in 9.2 (c)(1) are available from the NTIS in the publication, Nuclear Regulatoy /ssuances (NUREG-0750). The reference to interpretations in @9.21 (c)(2) has been deleted because they are not available from NTIS.

Section 9.23(a)(2) has been deleted because it repeats information included in the revised

@9.21(a). Section 51.123(a) and (b) have been revised to reflect the correct address where requests for draft environmentalimpact statements and draft findings of no significant hazard can be made.

Changes have been made in several sections to reflect the correct name of the NRC PDR. In addition, several corrections due to misspelling have been made.

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Because these amendments deal solely with changes in agency practice and procedure in ,

l making records available to the public and because these changes are determined by the  ;

I b  ;

Commission to be necessary to meet more stringent budget requirements, the notice and comment provisions of the Administrative Procedure Act do not apply under 5 U.S.C. 553(b)A and B.

Environmental Impact - Categorical Exclusion The NRC has determined that this rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(1) and (2). Therefore, neither an environmentalimpact statement nor an environmental assessment has been prepared for this rule.

6 al' @L

' e6 Paperwork Reduction Act Statement fe This final rule contains no information collection requirements and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

1 Public Protection Notification if an information collection does not display a currently valid OMB control number, the NRC may not conduct or sponsor, and a person is not required to respond to, the information collection.

I Regulatory Analysis This final rule implements a new NRC procedure for making records available for public inspection and copying. The rule will not have any adverse economic impact on any class of licensee or the NRC; to the contrary, the rule with its new provisions allowing Internet access from homes, offices, schools, and public libraries to NRC publicly released records provides some new and additional benefits to those seeking access to NRC records. This constitutes the regulatory analysis for this rule.

I 6 ,

I

r Backfit Analysis I

The NRC has deteimined that the backfit rule does not apply to this rule; and therefore, a backfit analysis is not required for this final rule because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR Chapter I.

i Small Business Regulatory Enforcement Fairness Act in accordance with the Small Business Regulatory Enforcement Fairness Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the )

)

Office of Information and Regulatory Affairs of the Office of Management and Budget.

List of Subjects in 10 CFR 10 CFR Part 1 Organization and functions (Government Agencies).

10 CFR PART 2 Administrative practice and procedure, Antitrust, Byproduct material, Classified Information,

\

Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalties, Sex l l

discrimination, Source material, Special nuclear material, Waste treatment and disposal.

10 CFR Part 7 Advisory committees, Sunshine Act.

10 CFR Part 9 l Criminal Penalties, Freedom of Information, Privacy, Reporting and recordkeeping requirements, Sunshine Act.

10 CFR Part 50 )

7

Antitrust, Classified information, Criminal penalties, Fire protection, Intergovernmental

- relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements.

10 CFR Part 51 Administrative practice and procedure, Environmental impact statement, Nuclear materials, Nuclear power plants and reactors, Radiation protection, Reactor siting cnteria, Reporting and records.

10 CFR Part 52

' Administrative practice and procedure Antitrust, Backfitting, Combined license, Early site review, Emergency planning, Fees, inspection, Limited Work Authorization, Nuclear power plants and reactors,' Probabilistic risk assessment, Prototype. Reactor siting enteria, Redress of site, Reporting and fecordkeeping requirements, Standard design. Standard design certification.

10 CFR Part 60

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Criminal penalties, High-level waste, Nuclear power plants and reactors, Nuclear materials, Reporting and recordkeeping requirements, Waste treatment and disposal.

'10 CFR Part 62 Administrative practice and procedure, Denial of access, Emergency access to low-level waste disposal, Low-level radioactive waste, Low-level radioactive treatment and disposal, Low-level waste policy amendments act of 1985, Nuclear materials, Reporting and recordkeeping requirements.

10 CFR Part 72 Manpower training programs, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors l Reporting and recordkeeping requirements Security measures.

10 CFR Part 75 8

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Criminal penalties, Intergovernmental relations, Nuclear materials, Nuclear power plants and i

. _ reactors, Reporting and recordkeeping requirements, Security measures.

10 CFR Part76 i Certification, Criminal penalties, Radia* ion protection. Reporting and recordkeeping )

requirements, Security measures, Special nuclear material, Uranium enrichment by gaseous diffusion 10 CFR Part 100  ;

Nuclear power plants and reactors, Reactor siting criteria.

10 CFR Part 110 Administrative practice and procedure, Classified Information, Criminal penalties, Export, i import; intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Scientific equipment.

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of

., 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553;

the NRC is adopting the following amendments 10 CFR Parts 1,2,7,9,50,52,60,62,72,75,76, 100 and 110.

PART 1--STATEMENT OF ORGANIZATION AND GENERAL INFORMATION l

1. The authority citation for Part 1 continues to read as follows:

AUTHORITY: Secs. 23,161,68 Stat. 925,948, as amended (42 U.S.C. 2033,2201); sec. 29, Pub. L.85-256,71 Stat. 579, Pub. L 95-209,91 Stat.1483 (42 U.S.C. 2039); sec.191, Pub. L.87-615, 76 Stat. 409 (42 U.S.C. 2241); secs. 201,203,204,205,209,88 Stat.1242,1244,1245,1246, 9

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. I 1248, as amended (42 U.S.C. 5841,5843,5844,5845,5849); 5 U.S.C. 552,553; Reorganization i Plan No.1 of 1980,45 FR 40561, June 16,1980.

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2. In @ 1.3, paragraph (a) is revised to read as follows: 1 S1.3 Sources of additionalinformation.  !

(a) A statement of the NRC's organization, policies, procedures, assignments of responsibility, and delegations of authority is in the Nuclear Regulatory Commission blanagement Directives System and other NRC issuances, including local directives issued by Regional Offices I

Letters and memoranda containing directives, delegations of authority and the like are also issued from time to time and may not yet be incorporated into the Management Directives System, parts of which are revised as necessary. Copies of the Management Directives System and other j delegations of authority are available for public inspection and copying for a fee at the NRC Public I Document Room,2120 L Street, NW, Washington, D.C., and at each of NRC's Regional Offices.

Information may also be obtained from the Office of Public Affairs or from Public Affairs Officers at the Regional Offices. In addition, NRC Functional Organization Charts, NUREG - 0325, contains of the functional respon ~

detailed descriptiSo em

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Me Ana ncv'ds bilities of NRC's offices. It is revised annually available for public iQspection^at ttfe NRC Web site, htto //www nrc cov, ano/or at the NRC Public syshtm (adams)

Document Room, or for purchase from the Superintendent of Documents, U.S. Government Printing Office, P.0, Box 37082, Washington, D.C. 20013 -7082; and from the National Technical Information Service, Springfield, VA 22161.  !

l PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS

3. The authority citation for Part 2 continues to read as follows:

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l e

AUTHORITY: Secs. 161,181,68 Stat. 948,953, as amended (42 U.S.C. 2201,2231); sec 191, as amended, Pub. L.87-615,76 Stat. 409 (42 U.S.C. 2241); sec. 201,88 Stat.1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552.

Section 2.101 also issued under secs. 53,62,63,81,103,104,105,68 Stat. 930,932,933, 935,936,937,938, as amended (42 U.S.C. 2073,2092,2093,2111, 2133,2134,2135); sec.114(f), ,

Pub. L.97-425,96 Stat. 2213, as amended (42 U.S.C.10134(f)). sec.102, Pub. L.91-190,83 Stat.

853, as amended (42 U.S.C. 4332); sec. 301,88 Stat.1248 (42 U.S C. 5871). Sections 2.102,2.103, 2.104,2.105,2.721 also issued under secs. 102,103104,105,183,189,68 Stat. 936,937,938, 954,955, as amended (42 U.S.C. 2132,2133,2134,2135,2233,2239). Section2.105 also issued under Pub. L.97-415,96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued under secs.

s 161b, i, o,187,186,234,68 Stat. 948-951, 955. 83 Stat. 444. as amended (42 U.S.C.2201(b), (i),

(o),2236, 2282); sec. 200. Fd Stat. 1246 (42 U.S.C. 5846) Sections 2.205(j) also issued under Pub.

L.101-410,104 Stat. 890, as amended by section 31001(s), Pub. L.104-134,110 Stat.1321-373 (28 U.S.C. 2461 note). Sections 2.600-2.606 also issued under sec.102, Pub. L.91-190,83 Stat.

853, as amended (42 U.S.C. 4332). Sections 2.700a,2.719 also issued under 5 U.S.C. 554.

Sections 2.754,2.760,2.770,2.780 also issued under 5 U.S.C. 557. Section 2.764 also issued under secs. 135,141, Pub. L.97-425,96 Stat. 2232,2241 (42 U.S.C.10155,10161). Section 2.790 also issued under sec.103,68 Stat. 936, as amended (42 U S.C. 2133) and 5 U.S.C. 552. Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C. 553 and sec. 29, Pub. L.85-256,71 Stat. 579, as amended (42 U.S.C. 2039). Subpart K also issued under sec.189,68 Stat. 955 (42 U.S.C. 2239). Sec.134 Pub. L.97-425,96 Stat. 2230 (42 U.S C.10154).

Subpart L a!so issued under sec.189,68 Stat. 955 (42 U.S.C. 2239). Appendix A also issued under sec. 6, Pub. L 91-560,84 Stat.1473 (42 U.S.C. 2135).

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)

4. Section 2.4, is amended by adding the ' definition of NRC Public Document Room and NRC Web site to read as follows:

S 2.4 Definitions.

NRC Public Document Room means the facility at 2120 L Street, NW., Washington, D.C. at which r :mi; :; c';h; pt'!: me' '.;pd

certain public records of the Commission that were made available for public inspection before implementation of the NRC Agencywide Documents Access and Management System, commonly referred to as ADAMSp ""

" :;;;ci ;;; ;;';;:::t. It is also the place where NRC makes computer terminals available to access the Electronic Reading Room component of ADAMS on the NRC Web site, http://www.nrc. gov, and where copies can be made or ordered as set forth in 9.35. The facility is staffed with reference librarians to assist the public in identifying and locating documents and in using the NRC Web site and ADAMS. The NRC Public Document Room is open from 7:45 am to 4:15 pm, Monday through Friday, except on Federal holidays. Reference service and access to documents may also be requested by telephone (202-634-3273 or 800-397-4209) between 8:30 am and 4:15 pm, or by e-mail PDR@nrc covt fax (202-634-3343), or letter (NRC Public Document Room, LL-6, Washington, D.C. 20555-0001).

NRC Web site, http://www.nrc. gov, is the Internet uniform resource locator name for the Internet address of the Web site where NRC will ordinarily make available its public records for inspection.

5. In @ 2.101, paragraph'(a)(2) is revised to read as follows:

5 2,101 Filing of application (a) 12 t

e (2) Each application for a license for a facility or for receipt of waste radioactive material from other persons for the purpose of commercial disposal by the waste disposal licensee will be assigned a docket number. However, to allow a determination as to whether an application for a construction permit or operating license for a production or utilization facility is complete and acceptable for docketing, it will be initially eated as a tendered application. A ccpy of the tendered application will m AD4/MI be available for public inspectiogt the NRC Web site.htto //www nrc aov, and/or at the NRC Public Document Room. Generally, the determination on acceptability for docketing will be made within a period of thirty (30) days. However, in selected construction permit applications, the Commission may decide to determine acceptability on the basis of the technical adequacy of the application as well as its completeness. In such cases, the Commission, pursuant to @2.104(a), wil direct that the l

notice of hearing be issued as soon as practicable after the application has been tendered, and the determination of acceptability will generally be made within a penod of sixty (60) days. For docketing and other requirements for applications pursuant to Part 61 of this chapter, see paragraph (g) of this section.

6. In S 2.110, paragraph (c)is revised to read as follows:

@ 2.110 Filing and administrative action on submittals for design review or early site review of site suitability issues.

(c) Upon completion of review by the staff and the ACRS of a submittal of the type described in paragraph (a)(1) of this section, the Director of Nuclear Reactor Regulation shall publish in the Federal Register a determination as to whethjr or not the design is acceptable, subject to such i l

both ADA MS conditions as may be appropriate, make available at the NRC Web site.htto //www nrc cov, and/or at the NRC Public Document Room, an analysis of the design in the form of a report.

13

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s

7. In s 2.206, paragraph (a)is revised te read as follows:

6 2.206 Requests for action under this subpart.

(a) Any person may file a request to institute a proceeding pursuant to 2.202 to modify, suspend, or revoke a license, or for such other action as may be proper. Such a request shall be addressed to the Executive Director for Operations and shall be filed either by delivery to the NRC (Public Document Room at 2120 L Street. NW. Washinntnn n A s.. - -

In many instances throughout this document the reason for listing the PDR in the Parts of the CFR is to designate locations where licensees, the public, or our other constituents can

/

officially submit docymgnts to the agency. With the thought that there is a possibility that in

/ the future the PD bal'd be closed, these sections should be looked at to ensure that we have included alternative locations for submittal of these documents ie. NRC Mail Room, located at 11555 Rockville Pike... .. . . . . . . .. . . , ... , ,, ,, ,, v,r ector of the NRC Office with responsibility for the subject matter of the request for appropriate action in accordance with paragraph (b) of this section.

8. In 6 2.701, Paragraph (a)(1)is revised to read as follows:

9 2.701 Filing of documents. )

. . . . . I (a)

(1) By delivery to the NRC Public Document Room at 2120 L Street, NW, Washington, D.C.,

or

9. In 6 2.740, paragraph (b) (1) is revised to read as follows:

- @ 2.740 General provisions governing discovery.

(b) i c c l

I <

l

[ (1) In ceneral. Parties may obtain discovery regarding any matter, not pnvileged, which is relevant to the subject matter involved in the proceeding, whether it relates to the claim or defense of cny other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. When any book, document or other tangible thing sought is

-frorn ADAMS Af-reasonably available from another source, such as he NRC Web site,htto-//www nrc cov. and/or the NRC Public Document Room, sufficient response to an interrogatory involving such materials would be the location, the title and a page reference to the relevant book document or tangible thing. In a proceeding on an application for a construction permit or an operating license for a production or utilization facility, discovery shall begin only after the prehearing conference provided for in 2.751a l and shall relate only to those matters in controversy which have been identified by the Commission or the presiding officer in the preheanng order entered at the conclusion of that preheanng conference. In such a proceeding, no thscovery snall be had after the beginning of the prehearing conference held pursuant to %2.752 except upon leave of the presiding cfficer upon good cause shown. It is not ground for objection that the information sought will be inadmissible at the hearing if i

the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

10. In $ 2.750, paragraph (a) is revised to read as follows:

@ 2.750 Official reporter; transcript. i l

(a) A hearing will be reported under the supervision of the presiding officer, stenographically or by other means, by an official reporter who may be designated from time to time by the Commission or may be a regular employee of the Commission The transcript prepared by the l l

reporter shall be the sole official transcnpt of the proceeding. Except as limited pursuant to Sec.181 15 l

\

L

e 4

from ADMM of the Act or order of the Commission, the transcript will be available for inspection at the NRC Web site, htto //www.nre aov. and/or at the NRC Public Document Room. Copies of transcripts are available to parties and to the public from the official reporter on payment of the charges fixed therefor.

11. In 4 2.790. the introductn~ +-.

l be available unless there /

ily the case. All public 2.790 (a) States that final R_ecords and docum nt plans only intend

-,y,

., ; , is a reason for non-disc 16sure. This is not

'4-)-

to send those classes of programmatic records NUDOCS. f

. i ./ > -" m eno (e) of thi n I NRC records

\,' j ,' Q /

ja T .~nts, sncluding but not limited to correspondence to and from the NRC regarding the issuance, denial, amendment, transfer, renewal. modification. suspension, revocation, or violatior of

'a license, permit, or order, or regarding a rulemaking proceeding subject to this part shall not, in tne absence of a compelling reason for nondisclosure after a balancing of the interests of the person or agency urging nondisclosure and the public interest in disclosure, be exempt from disclosure and will from Abkm5 be made available for inspection and copying t the NRC Web site.htto'//www nre cov, and/or at the NRC Public Document Room, except for matters that are:

(c) If a request for withholding pursuant to paragraph (b) of this section is denied, the Commission will notify an applicant for withholding of the denial with a statement of reasons. The notice of denial will specify a time, not less than thiny (30) days after the date of the notice, when the from AbA/h5  ;

document will be available t the NRC Web site,htto //www nrc aov, and/or at the NRC Public Document Room. If, within the time specified in the notice, the applicant requests withdrawal of the from A-Belf document, the document will not be available t the NRC Web site, http://www nrc.aov and will be returned to the applicant: Provided, that information submitted in a rule making proceeding which 16

-e

.4 subsequently forms the basis for the final rule will not be withheld from public disclosure by the

, Commission and will not be returned to the applicant after denial of any application for withholding submitted in connection with that information. If a request for withholding pursuant to paragraph (b) of thir section is granted, the Commission will notify the applicant of its determination to withhold the information from public disclosure.

12. In @ 2.802, paragraphs'(e) and (g) are revised to read as follows:

$ 2.802 Petition for rulemaking.

I (e) If it is determined that the petition includes the information required by paragraph (c) of I this section and is complete, the Director, Division of Administrative Services Office of i Administration, or designee, will assign a docket number to the petition, will cause the petition to be Frorn AbhMS formally docketed, and will make a copy of the docketed petition available at the NRC Web site, htto'//www.nre cov, and/or at the NRC Public Document Room. Public comment may be requested by publication of a notice of the docketing of the petition in the Federal Register, or, in appropriate cases,'may be invited for the first time upon publication in the Federal Register of a proposed rule developed in response to the petition. Publication will be limited by the requirements of Section 181 of the Atomic Energy Act of 1954, as amended, and may be limited by order of the Commission l

- (g) The Director, Divisicn of Administrative Services, Office of Administration, will prepare on l a semiannual basis a summary of petitions for rulemaking before the Commission, including the Aom ADM i status of each petition. A copy of the report will be available for public inspection and copying i the l

NRC Web site, htto //www nre cov, and/or at the NRC Public Document Room.

17 i

4 4.

13. In 9 2.804, paragraph (b)(2)is' revised to read as follows:

9 2.804 Notice of proposed rulemaking.

(b) com (2) The manner and time within which interested members of the 6A s public madm. me statement that copies of comments may be examined will be made available at the NRC Web site, b

http://www.nrc.oov, and/or at the NRC Public Document Room;

14. In 2.809, paragraph (a) is revised to read as follows:

. $ 2.809 Participation by the Advisory Committee on Reactor Safeguards.

(a) In its advisory capacity to the Commission, the ACRS may recommend that the Commission initiate rulemaking in a particular area. The Commission will respond to such rulemaking recommendation in writing within 90 days. noting its intent to implement, study, or defer action on the recommendation. In the event the Commission decides not to accept or decides to defer action on the recommendation,'it' will give its reasons for doin so Both the ACRS m 404N recommendation and the' Commission's response will be made availabl at the NRC Web site, http://www.nre cov. and/or at the NRC Public Document Room, following transmittal of the Commission's response to the ACRS.

15., in 9_21007, paragraph (a)(3) is removed, paragraph (a)(2) is revised to read as follows' S 2.1007 Access:

(a) l l

'I8  !

l

1 kh0f N (2) All documents in the Licensing Support Op.., during the pre-license application phase,

-From A D4m3

. and images of the non-privileged documents of NRC, shall be available,at the NRC Web site, Page 19 Item (2) in the first line. Licensing Support System should be changed to f l Licensing Support Network to comply with the ongoing rulemaking. This entire ]

j section needs to be reviewed to make sure it complies with the changes in the 4 l

new LSN rule. An example is section 2.1231 (2) saying the documents need to l

be available during the regular business hours of the PDR. This is changed to reflect that the Electronic Hearing Docket (EHD) maintained in ADAMS needs to j

l be available during normal working hours. If not it impacts the rules on time to j file pleadings to the agency. Kathryn Winsberg in OGC can be contacted for clarification.

,....,,.....~...... ..u o v o.,.

(a)

(1) g (ii) Making the file available from he NRC We site.htto'//www nrc cov.

gg (2) The hearing file also must be made available for pubhc inspection and copying at the NRC i Web site, htto'//www nre cov, and/or at the NRC Public Document Room.

l l (b) The heanng file will consist of the application and any amendment thereto, any NRC l environmental impact statement or assessment relating to the apphcation, and any NRC report and licant and the NRC that is relevant to the application. Hearing any correspondence between the appOW

-fr-Crrn n file documents already available at the NRC Web site,htto-//www nrc nov, and/or at the NRC Public Document Room when the hearing request is granted may be incorporated into the hearing file at j l

i those locations by a reference indicating where at those locations the documents can be found. The presiding officer shall rule upon any issue regarding the appropriate materials for the hearing file.

l l

PART 7--ADVISORY COMMITTEES

17. The authonty citation for Part 7 continues to read as follows:

AUTHORITY: Sec.161,68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201,88 Stat.1242, as amended (42 U.S.C. 5841); Pub. L.92-463,86 Stat. 770 (5 U.S.C. App.).

19

4

18. In @ 7.10, paragraph (b)(6) is revised to read as follows:

$ 7.10 The NRC Advisory Committee Management Officer.

(b)

(6) Ensure that, subject to the Freedom of Information Act and NRC's Freedom of Information Act. Regulations, copies of the records, reports, transcript minutes, appendices, working papers,

. drafts, studies,~ agenda, or other documents which were made available to or prepared for or by each (vorn ADhntf

. NRC advisory committee are available for public inspection and copying i the NRC Web site http://www.nrc cov, and/or at the NRC Public Document Room, until the advisory committee ceases to exist.

19. In 6 7.11, paragraph (d)(5)is revised to read as follows:

$ 7,11 The Designated Federal Officer.

(d)

(5) Make copies of committee documents required to be maintained for public inspection and Qrom Ab4m5 copying pursuant to @7.14(b) availabi at the NRC Web site, htto //www.nrc aov, and/or at the NRC Public Document Room.

I 20.' Section 7.14 is revised to read as follows: )

@ 7,14'Public information on advisory committees.

(a) The Nuclear Regulatory Commission shall maintain systematic information on the natu e.

functions,' and operations of each NRC advisory committee. A complete set of the charters of NRC advisory committees and copies of the annual reports required by @7.17(a) shall be maintained for 20

hWgp#tY public inspection t ithe e NKC Web site, htto'//www.nre cov; and/or at the NRC Public Document Room.

(b) Subject to the provisions of the Freedom of Information Act (5 U.S.C. 552) and NRC's Freedom of Information Act Regulations (10 CFR Part 9, subpart A), copies of NRC advisory ers committees' records, reports, transcripts, minutes, appendices, working pap %

agenda, and other documents shall be maintained for public inspection and copyin at the NRC Web site, htto://www.nre aov; and/or at the NRC Public Document Room.

21. In @ 7.17, paragraphs (a) and (b) are revised to read as follows:

9 7.17 Reports required for advisory committees.

(a) The Commission shall furnish a report on the activities of NRC advisory committees annually to the Administrator and the GSA Secretariat. The report shall be on a fiscal year basis. It shall contain such information regarding NRC advisory committees as is required by Section 6(c) of the Act for the President's annual report to the Congress and shall be consistent with instructions

&cm Ab4thJ provided by the GSA Secretariat. A copy of the report shall be made available at the NRC Web site, htto://www.nrc aov, and/or at the NRC Public Document Room.

(b) Any NRC advisory committee holding closed meetings shallissue a report, at least annually, setting forth a summary of its activities consistent with the policy of the Government in the Sun ine AcR5 U.S.C. 552b), as implemented by 10 CFR 9.104. A copy of the report shall be made ADA In.5 available at the NRC Web site, htto //www.nre aov, and/or at the NRC Public Document Room.

PART 9-PUBLIC RECORDS

22. The authority citations for Part 9 continue to be as follows:

21

rr ,

1

. i AUTHORITY: Sec.161,68 Stat. 948, as amended (42 U S.C.' 2201); Sec. 201,88 Stat.1242,

]

as amended (42 U.S.C 5841).

23. In @ 9.21 is revised to read as follows:

^<

9.21 Publicly Available Records.

(a) Single copies of NRC publications in the NUREG series, NRC Regulatory Guides, and Standard Review Plans can be ordered from the National Technical information Service,5285 Port Royal Road, Springfield, Virginia, 22161.

(b) For the convenience of persons who may wish to inspect without charge, or purchase copies of a record or a limited category of records for a fee. publicly available records of the NRC's F e Abkms activities described in paragraph (c) of this section are also made available at the NRC Web site, htto //www nrc cov, and/or at the NRC Public Document Room located at 2120 L Street, NW.,

Washington, D.C., and is open between 7:45 am and 4:15 pm on Monday through Friday, except i Federal holidays.

(c) The following records of NRC activities are available for public inspection and copying:

- (1) Final' opinions including concurring and dissenting opinions as well as' orders of the NRC issued as a result of adjudication of cases:

_( 2) Statements of policy and interpretations that have been adopted by the NRC and have not been published in the Federal Register; i

(3) Nuclear Regulatory Commission rules and regulations; (4) Nuclear Regulatory Commission Manuals and instructions to NRC personnel that affect u any member of the public; 22 o

(5) Copies of records that have been released to a person under the Freedom of information Act that, because of the nature of their subject matter, the NRC determines have become or are likely to become the subject of subsequent requests for substantially the same records.

(6) A generalindex of the records released under the FOIA.

(d) The published versions of the records made publicly available under paragraph (c)(1) of this section are available under the title, Nuclear Regulatory /ssuances, NUREG-0750, for purchase through the National Technical information Service.

24. In S 9.23, paragraph (a)(2) is removed and paragraph (a)(1), (c), (d)(2), and (e) are revised to read as follows:

9.23 Requests for records.

(a)(1) A person may request access to records routinely made available by the NRC under 9.21 in person or by telephone, e-mail, fax, or U.S. mail from the NRC Public Document Room,2120 L Street, NW.., Washington, D.C. 20555-0001.

(i) Each record requested must be described in sufficient detail to enable the NRC Public Document Roc.1 staff to locate the record.

(ii) In order to obtain copies of records expeditiously, a person may open an account at the

NRC Public Document Room with the private contracting firm that is responsible for duplicating NRC records.

(2) (Reserved]

O(c) omIfAbAm5 a requested agency record that has been reasonably described is lo other than t the NRC Web site, http://www nre aov, the NRC Public Document Room, or the NRC i

23 i

headquarters, the NRC may, at its discretion, make the record available for inspection and copying a either of the locations.

(d)

(2) If the requested record has been placed on the NRC Internet Web site, under 9.21, the (yerr) ADA01.$

NRC may inform the requester that the record is availabl at the NRC Web site, htto'//www nrc aov, and/or at the NRC Public Document Room, and that the record may be obtained in accordance with the procedures set forth in paragraph (a) of this section.

(e) The Freedom of Inforrnation Act and Privacy Act Officer will promptly forward a Freedom of Information Act request made under paragraph (b) of this section for an agency record to the head of the office (s) primarily concerned with the records requested, as appropriate. The responsible office will conduct a search for the agency records responsive to the request and compile those agency records to be reviewed for initial disclosure determination and/or identify those that have Sr Orn AOW already been made publicly available at the NRC Web site, htto-//www nrc cov, and/or at the NRC Public Document Room.

25. In 9.35, paragraph (e) is removed, paragraphs (a)(2). (a)(5) and (b) are revised to read as follows:

5 9.35 Duplication fees.

(a)

(2) Self-service duplicating machines are available at the NRC Public Document Room for the use of the public. Paper to paper copy is 50.08 per page. Microfiche to paper is 50.10 per page on the reader printers. f 24 l

i

FL ,

(5) Any change in the costs specifieo in this section will become effective immediately

- pending completion of the final rulemaking that amends this section reflect the new charges. The Commission will post the charges that will be in effect for the interim period at the NRC Public i

Document Room. The Commission will publish a final rule in the Federal Register that includes the j new charges within 15 working days from the beginning of the interim period.

i (b) The NRC will assess the following charges for copies of records to be duplicated by the

. NRC at locations other than the NRC Public Document Room located in Washington, D.C.:

l l * . . . .

l

26. In @ 9.45 paragraph (b)is revised to read as follows:

i j @ 9.45 Annual repods to the Attorney General of the United States.

l 1

% AMm.S (b) The NRC will make a copy of each report available to the public at the NRC Web site, l- htto://www nre cov, and/or at the NRC Public Document Room.

l l

27. In @ 9.105, paragraph (b) is revised to read as follows:

@ 9.105 Commission procedures.

l (b) Within one day of any vote taken purs ant to paragraph (a) of this section, 9.106(a), or Abhm S o9.108(c), the Secretary shall make publicly availabl at the NRC Web site, htto //www.ntc cov, and/or at the NRC Public Document Room, a wntten copy of such vote reflecting the vote of each member on the question. If a portion of a meeting is to be closed to the public, the Secretary shall, of the vote taken pursuant to paragraph (a) of this section or 9.106(a), make publicly b one dadb4ms within available t the NRC Web' site, htto //www nrc cov, and/or at the NRC Public Document Room, a full 25

7 ..

l l.

!~

written explanation of its action closing the portion together with a list of all persons expected to

l. ' attend the meeting and their affiliation.

l l'

I l 28. In . 9.107,' paragraph (d)(1) is revised to read as follows:

l l @ 9'.107 Public announcement of Commission meetings.

l f (d)-

y (1) Publicly posting a copy of the document in the NRC Public Document Room at 2120 L Page 26 ..an nc. an Shouldn't this say " Placement of a copy of the document in the l ADAMS public library"?

29. In 9.108, paragraph (b) is revised to read as follows:

9.108 Certification, transcripts, recordings and minutes.

_  % 404m3 (b) The Commission shall make promptly available to the public at the NRC Web site,

. http://www nre aov, and/or at the NRC Public Document Room, the transcript, electronic recording, or l

minutes (as required by paragraph (a) of this @) of the discussion of any item on the agenda, or of any item of the testimony of any witness received at the meeting, except for such item or items of such discussion or testimony as the Commission determines pursuant to paragraph (c) of this i s:ction to contain information which may be withheld under 9.104 or @9.105(c). Copies of such

. transcript, or minutes, or a transcription of such recording disclosing the identity of each speaker, shall be furnished to any person upon payment of the actual cost of duplication or transcription as provided in @9.14.- The Secretary shall maintain a complete verbatim copy of the transcript, a complete copy of the minutes, or a complete electronic recording of each meeting, or portion of a meeting' closed to the public, for a period of at least two years after such meeting, or until one year 26 j i

+

L

4 e after the conclusion of any Commission proceeding with respect to which the meeting or portion was held, whichever occurs later.

Part 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES

30. The authority citation for Part 50 continues to read as follows:

AUTHORITY: Secs. 102,103,104,105,161,182,183.186,189, 68 Stat. 936, 937, 938, 948, 953,954,955,956, as amended, sec. 234,83 Stat.1244, as amended (42 U.S.C. 2132,2133,2134, 2135,2201,2232,2233,2236,2239,2282), secs. 201, as amended. 202, 206, 88 Stat.1242, as amended 1244,1246, (42 U.S.C. 5841, 5842. 5846).

s Section 50.7 also issued under Pub. L.95-601, sec 10. 92 Stat. 2951 (42 U.S.C. 5851).

Section 50.10 also issued under secs. 101,185,68 Stat. 955 as amended (42 U.S.C. 2131,2235),

sec.102, Pub. L.91-190,83 Stat. 853 (42 U.S.C. 4332). Sections 50.13,50.54(dd) and 50.103 also issued under sec.108,68 Stat. 939, as amended (42 U.S.C. 2138). Sections 50.23,50.35,50.55 and 50.56 also issued under sec.185,68 Stat. 955 (42 U.S.C. 2235). Section 50.33am 50.55a and Appendix 0 also issued under sec 102, Pub. L.91-190. 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued under sec. 204,88 Stat.1245 (42 U.S.C. 5844). Section 50.37 also issued under E.O. 12829,3 CFR 1993 Comp., p 570, E.O.12958, as amended,3 CFR 1995 Comp.,

p. 333, E.O.12968,3 CFR 1995 Comp., p. 391).. Sections 50.58,50.91, and 50.92 also issued under Pub. L.97-415,96 Stat. 2073 (42 U.S.C. 2239). Sectio!,50.78 also issued under sec.122,68 Stat. 939 (42 U.S.C. 2152). Sections 50.80-50.81 also issued under sec.184,68 Stat. 954, as emended (42 U.S.C. 2234). Appendix F also issued under sec.187,68 Stat. 955 (42 U.S.C. 2237).

31. In 50.30, paragraph (a)(5)is revised to read as follows:

27

O 50.30 Filing of application for licenses; Oath or affirmation.

(a) g (5) At the time of filing an application, the Commission will make available at the NRC Web site, htto'//www nrc cov, and/or at the NRC Public Document Room, a copy of the application, subsequent amendments, and other records pertinent to the facility for public inspection and copying

32. In S 50.44, paragraph (c)(3)(iv)(C) is revised to read as follows:

@ 50.44 Standards for combustible gas control systems in light-water-cooled power reactors.

(c)

(3) i (iv)

(C) Subsubarticle NE - 3220, Division 1. and Subsubarticle CC - 3720, Division 2, of Section Ill of the ASME Boiler and Pressure Vessel Code, referenced in paragraphs (c)(3)(iv)(B)(1) and (c)(3)(iv)(B)(2) of this section, have been approved for incorporation by reference by the Director of the Office of the Federal Register. A notice of any changes made to the materialincorporated by reference will be published in the Federal Register. Copies of the ASME Boiler and Pressure Vessel j Code may be purchased from the American Society of Mechanical Engineers, United Engineenng 4 Center,345 East 47th Street, New York, N.Y.10017. It is also available for inspection at the NRC l Technical Reference Library. Two White Flint North, Room 289,11545 Rockville Pike, Rockville, M D.

t

33. In 50.66, the introductory text of paragraph (a), paragraph (a)(2). the introductory text of paragraph (f)(2) and paragraph (f)(3) are revised to read as follows:

2S

l.

o

! 50.66 Requirements for thermal annealing of the reactor pressure vessel.

l (a) For those light water nuclear power reactors where neutron radiation has reduced the l fracture toughness of the reactor vessel materials, a thermal annealing may be applied to the reactor vessel to recover the fracture toughness of the material. The use of a thermal annealing treatment is subject to the requirements in this section. A report describing the licensee's plan for conducting the thermal annealing must be submitted in accordance with @50.4 at least three years prior to the date l

at which the limiting fracture toughness criteria in 50.61 or appendix G to Part 50 would be l

l ' exceeded. Within three years of the submittal of the Thermal Annealing Report and at least thirty days prior to the start of the thermal annealing, the NRC will review the Thermal Annealing Report Q m AD4his and make available the results of its evaluation at the NRC Web site, htto //www nrc cov, and/or at l the NRC Public Document Room. The licensee may begin the thermal anneal after:

km A%h15i (2) The NRC makes available the results of its evaluation of the Thermal Annealing Repo t the NRC Web site, http://www nrc aov, and/or at the NRC Public Document Room; and (f) l (2) Within 15 days after the NRC's receipt of the licensee submissions required paragraphs (c)(1), (c)(2) and (c)(3)(l)- (iii) of this section, the NRC staff shall make available at the NRC Web site, htto //www nrc cov, and/or at the NRC Public Document Room, a summary of its inspection of the licensee's thermal annealing, and the Commission shall hold a public meeting:

i (3) Within 45 days of NRC's receipt of the licensee submissions required by paragraphs (c)(1), (c)(2) and (c)(3)(l) - (iii) of this section, the NRC staff shall complete full documentation of its 20 l'

L

I ..

l ..

L M AbMtS inspection of the licensee's annealing process and make available this documentation t the NRC l"

Web site, http://www nre aov, and/or at the NRC Public Document Room.

I

34. In Appendix 0 to Part 50, paragraph 5 is revised to read as follows:

Appendix O'- Standardization of design: Staff review of standard designs.

5.' Upon completion of their review of a submittal under this appendix, the regulatory staff or final shall publish in the Federal Register a determination as to whether or not the preliminaEr design is acceptable, subject to such conditions as may be appropriate, and make available at the NRC Web site, htto //www nre cov, and/or at the NRC Public Document Room, an analysis of the

' design in the form of a report. ' An approved design shall be utilized by and relied upon by the regulatory staff and the ACRS in their review of any individual facility license application which incorporates by reference a design approved in accordance with this paragraph unless there exists significant new information which substantially affects the earlier determination or other good cause.

35. In Appendix Q to Part 50. paragraph 4 is revised to read as follows:

! Appendix Q - Pre-application Early Review of Site Suitability issues.

1 i

4. Upon completion of review by the NRC staff and,if appropriate by the ACRS, of a submittal j

! under this appendix, the NRC staff shall prepare a Staff Site Report which shallidentify the location l l

1

! of the site, state the site suitability issues reviewed, explain the nature and scope of the review, state ;

. the conclusions of the staff regarding the issues reviewed and state the reasons for those conclusions.. Upon issuance of a Staff Site Report, the NRC staff shall publish a notice of the bm ADNn5 availability of the report in the Federal Register and shall make the report availabl at the NRC Web

.I L

u

n site, http://www nrc cov, and/or at the NRC Public Document Room. The NRC staff shall also send a 1 copy of the report to the Governor or other appropriate official of the State in which the site is located, and to the chief executive of the municipality in which the site is located or, if the site is not located in f - a municipality, to the chief executive of the county.

l l . . . . .

l L )

l PART 51-ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS

36. The authority citation for Part 51 continues to read as follows:

AUTHORITY: Sec.161,68 Stat. 948, as amended, sec. 1701,106 Stat. 2951,2952,2953, L (42 U.S.C. 2201,2297f); secs. 201, as amended. 202,88 Stat 1242. as amended 1244 (42 U.S.C.

5841,5842). Subpert A also issued under National Environmental Policy Act of 1969, secs.102, l 104,105,83 Stat. 8E3 954, as amended (42 U.S.C 4332,4334,4335); and Pub. L.95-604, Title ll, 92 Stat. 3033-3041; and sec.193, Pub. L.101-575,104 Stat. 2835 (42 U.S.C. 2243). Sections 51.20,51.30,51.60,51.80, and 51.97 also issued under secs. 135,141, Pub. L.97-425,96 Stat.

2232,2241; and sec. f 48. Pub. L.100-203.101 Stat.1330-223 (42 U.S.C.10155,10161,10168).

! Section 51.22'also issted under sec. 274,'73 Stat. 688, as amended by 92 Stat. 3036-3038 (42

! U.S.C,2021) and un' der Nuclear Waste Policy Act of 1982, sec.121,96 Stat. 2228 (42 U.S.C.

L 10141). Sections 51.43. 51.67, and 51.109 also issued under Nuclear Waste Policy Act of 1982.

l sec.114(f) 96 Stat. 2216, as amended (42 U.S.C.10134(f)). i L ,

37. In S 51.62, paragraph (a)is revised to read as follows: i S 51.62 Environmental report-Land disposal of radioactive waste licensed under 10 CFR Part 61.

1 31 l

e (a) Each applicant for issuance of a license for land disposal of radioactive waste pursuant to Part 61 of this chapter shall submit with its application to the Director of Nuclear Material Safety and Safeguards the number of copies, as specified in @5166 of a separate document, entitled

" Applicant's Environmental Report -- License for Land Disposal of Radioactive Waste." The environmental report and any supplement to the environmental report may incorporate by reference information contained in the application or in any previous application, statement or report filed with the Commission provided that such references are clear and specific and that copies of the

.(wrnADhn15 information so incorporated are available at the NRC Web site, htto //www.nre cov, and/or at the NRC Public Document Room.

38. Section 51.120 is revised to read as follows:

@ 51.120 Availability of environmental documents for public inspection.

Copies of environmental reports, draft and final environmental impact statements, I

environmental assessments, and findings of no significant im"act, together with any related Frem fums comments and environmental documents, will be made availabl at the NRC Web site, htto //www nrc aov. and/or at the NRC Public Document Room.

39. In @ 51.123, paragraph (a) and (b) are revised to read as follows:

@ 51.123 Charges for environmental documents; distnbution to governmental agencies.

(a) Distribution to public. Upon written request to the Reproduction and Distribution Services Section, Office of the Chief Information Officer, U S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, and to the extent available, single copies of draft environmentalimpact statements and draft findings of no significant impact will be made available to interested persons without charge. Single copies of final environmental impact statements and final findings of no significant impact'will also'be provided without charge to the persons listed in @51.93(a) and 51.119(c),

l 32 i

respectively. When more than one copy of an environmentalimpact statement or a finding of no significant impact is requested or when available NRC copies have been exhausted, the requestor will be advised that the NRC will provide copies at the charges specified in @9.35 of this chapter.

(b) Distribution to governmental agencies. Upon written request to the Reproduction and Distribution Services Section, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, and to the extent available, copies of draft and final environmental impact statements and draft final findings of no significant impact will be made available in the number requested to Federal State and local agencies, Indian tnbes, and State, regional and metropolitan clearinghouses. When available NRC copies have been exhausted, the requester will be advised that the NRC will provide copies at the charges specified in @9.35 of this

' chapter, PART 52--EARLY SITE PERMITS; STANDARDS DESIGN CERTIFICATIONS; AND COMBINED LICENSES FOR NUCLEAR POWER PLANTS

40. The authority citation for Part 52 continues to read as follows:

AUTHORITY: Secs. 103,104,161,182,183,186,68 Stat. 936,948,953,954. 955,956, as amended, sec. 234,83 Stat.1244, as amended (42 U.S.C. 2133,2201,2232,2233,2236,2239, 2282), secs. 201,202,206,88 Stat.1242.1244,1246, as amended (42 U.S.C. 5841. 5842,5846).

41.' In Appendix A to Part 52,Section VI, paragraph E.1.b. is revised to read as follows- -i

. Appendix A to Part 52-Design Certification Rule For the U.S. Advanced Boiling Reactor. j VI. Issue Resolution.

E.

• j

1. - i 33 f

~

g.

l

.Qyom ADAn1S

. b. The reason why the information currently available to the public at the NRC Web site, htto //www.nre cov, and/or at the NRC Public Document Room, is insufficient;

42. _In Appendix B to part 52,Section VI, paragraph E.1.b. is revised to read as follows:

Appendix B to Part 52 - Design Certification Rule for the System 80+ Design.

E. *

~

bm ADAM

b. The reason why the information currently available to the public at the NRC Web site, htto //www.nre aov, and/or at the NRC Pubhc Document Room, is insufficient.

43. .In Appendix 0 to Part 52, paragraph 5 is revised to read as follows:

Appendix O-Standardization of Design; Staff Review of Standard Designs.

5. Upon completion of their review of a submittal under this appendix, the regulatory staff shall publish in the Federal Register a determination as to whether or not the preliminarv or final Srem AbkM.5 design is acceptable, subject to such conditions as may be appropriate, and make availabl at the NRC Web site, htto //www.nrc cov, and/or at the NRC Public Document Room, an analysis of the

' design in the form of a report. An approved design shall be utilized by and relied upon by the regulatory staff and the ACRS in their review of any individual facility license application which

-incorporates by reference a design approved in accordance with this paragraph unless there exists significant new information which substantially affects the earlier determination or other good cause.

- 44. In_ Appendix Q to Part 52, paragraph 4 is revised to read as follows:

34

o Appendix Q-Pre-Application Early Site Review of Site Suitability issues.

4. Upon completion of review by the NRC staff and, if appropriate by the ACRS, of a submittal under this appendix, the NRC staff shall prepare a Staff Site Report which shallidentify the location of the site, state the site suitability issues reviewed, explain the nature and scope of the review, state the conclusions of the staff regarding the issues reviewed and state the reasons for those conclusions. Upon issuance of a NRC Staff Site Report the NRC staff shall publish a notice of from AoAK5 the availability of the report in the Federal Register and shall make available a copy of the report t the NRC Web site, http://www nrc cov, and/or at the NRC Public Document Room. The NRC staff shall also send a copy of the report to the Governor or other appropriate official of the State in which I i

the site is located, and to the chief executive of the municipality in which the site is located or, if the I site'is not located in a municipality, to the chief executive of the county.

PART 60--DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE IN GEOLOGIC REPOSITORIES

45. The authority citation for Part 60 continues to read as follows:

Authority: Secs. 51, 53, 62, 63, 65, 81,161,182,183, 68 Stat. 929, 930, 932, 933, 935, 948, 953,954, as amended (42 U.S.C 2071,2073,2092,2093,2095,2111,2201,2232,2233); secs. 202,206,88 Stat.1244,1246 (42 U.S.C. 5842,5846), secs.10 and 14, Pub. L.95-601,92 Stat.

2951 (42 U.S.C. 2021a and 5851); sec.102, Pub. L.91-190,83 Stat. 853 (42 U.S.C. 4332); secs. 114,121, Pub. L. 97 425,96 Stat. 2213g,2228, as amended (42 U.S.C.10134,10141), and Pub. L. i 102-486, sec. 2902,106 Stat. 3123 (42 U.S.C. 5851).

46. In @ 60.2, the definition of NRC Public Document Room is revised and the definition of NRC Web site is added to read as follows:

35 i

i

@ 60.2 Definitions.

NRC Public Document Room means the facility at 2120 L Street, NW., Washington, D.C. at which certain public records of the Commission that were made available in paper or microfiche remain available for public inspection untilimplementation of the NRC Agencywide Documents

. .ll , an t r' -

Access and Management System, commonly referred to as ADAMSg ..;

Jackeme It is also the place where computer terminals are available to access the Electronic

- Reading Room component of ADAMS on the NRC Web site, htto-//www.nrc cov, where copies can be made or ordered as set forth in @ 9.35. The facility is staffed with reference librarians to assist the public in identifying and locating documents and in using the_NRC Web site and ADAMS. The NRC Public Document Room is open from 7:45 am to 4:15 pm. Monday through Friday, except on Federal holidays. Reference service and access to documents may also be requested by telephone (202-634-3273 or 800-397-4209) between 8:30 am and 4:15 pm, or by e-mail (PDR@nrc aov). fax (202-634-3343), or letter (NRC Public Document Room, LL-6, Washington, D.C. 20555-0001).

NRC Web site, http://www nre cov is the Internet uniform resource locator name for the Internet address of the Web site where NRC will ordinarily make available its public records for inspectionc

47. In @ 60.18,' paragraph (f)is revised to read as follows:

@ 60.18 Review of site charactenzation activities.

(f) The Director shall publish in the' Federal Register a notice of availability of the site characterization analysis and a request for public comment within a reasonable period, as specified (not less than 90 days). The notice along with copies of the site characterization analysis shall be 36 .

I

I y'

ht001 kbklhb available at the NRC Web site, http://www nrc.cov. and/or at the NRC Public Document Room, and copies of anyl comments received will also be made available there.

48. In S 60.61, paragraph (d)is revised to read as follows:

$ 60.61 Provision of information.

&cm 80Ah,$

(d) Copies of all communications by the Director under this section shall be made availabl at the NRC Web site, htto //www.nrc.cov, and/or at the NRC Public Documen' Room, and copies

' thereof shall be furnished to DOE.

49. In @ 60.63, paragraph (b) is revised to read as follows:

S 60.63 Participation in license reviews.

_ (b) In addition, whenever an area has been approved by the President for site charackrization, a State or an affected Indian Tribe may submit to the Direuor a proposal to facilitate its participation in the review of a site characterization plan and/or license application. The proposal may be submitted at any time and shall contain a description and schedule of how the State or affected Indian Tribe wishes to participate in the review, or what services or activities the State or affected Indian Tribe wishes NRC to carry out, and how the services or activities proposed to be carried out by NRC would contribute to such participation. The proposal may include educational or

. information services (seminars, public meetings) or other actions on the part of NRC. such as employment or exchange of State personnel under the Intergovernmental Personnel Act, PART 62--CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES i I

37 1

s te I

.50. The authority citation for Part 62 continues to read as follows:

AUTHORITY: Secs. 81,161, as amended,68 Stat. 935, 948, 949, 950, 951, as amended (42 U.S.C. 2111, 2201); secs. 201, 209, as amended,88 Stat.1242,1248, as amended (42 U.S.C. 5841, 5849); secs. 3,4,5,6,99 Stat.1843,1844,1845,1846.1847,1848,1849,1850,1851,1852,1853, 1854,1855,1856,1857, (42 U.S.C. 2021c,2021d,2021e,2021f).

51. In 62.11, paragraph (b)is revised to read as follows:

@ 62.11 Filing and distribution of a determination request.

(b) Upon receipt of a request for a determination, the Secretary of the Commission will cause to be published in the Federal Register a notice acknowledging receipt of the request which will require that public comment on the request be submitted within10 days of the date of the notice. A 4 rom AbAM.S t the NRC Web site, copy of the request will be made available for inspection or copyin htto://www nrc aov, and/or at the NRC Public Document Room. The Secretary of the Commission will also transmit a copy of the request to the U.S. Department of Energy, to the Governors of the States of the Compact region where the waste is generated, to the Governors of the States with operating non-Federal low-level radioactive waste disposal facilities, to the Compact Commissions with operating regionallow-level radioactive waste disposal facilities, and to the Governors of the States in the Compact Commissions with operating disposal facilities.

52. In S 62.22, paragraph (c) is revised to read as follows:

S 62.22 Notice of issuance of a determination 38

t L

(c) The Secreta $ of the Commission will make a copy of the final determination a inspefc romionAbAm t the NRC Web site, http://www.nrc cov, and/or at the NRC Public D

~ PART 72 -LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE

53. The authority citation for Part 72 continues to read as follows:

AUTHORITY: Secs. 51, 53, 57, 62, 63, 65, 69, 81,161,182,183,184,186,187,189, 38 Stat.

929,930,932,933,934,935,948,953,954,955, as amended sec. 234,83 Stat. 444, as amended (42 U.S.C. 2071,2073,2077,2092,2093,2095,2099L 2111. 2201,2232,2233,2234,2236,. 223,'

2238,2282); sec. 274 Pub. L.86-373,73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202,206,88 Stat.1242, as amended, 1244,1246 (42 U.S.C. 5841, 5842, 5846), Pub. L.95-601, sec.10,92 Stat. 2951, as amended by Pub. L. 102-486, sec. 7902,106 Stat. 3123 (42 U.S.C. 5851), sec.102, Pub. L.91-190,'83 Stat. 853 (42 U.S.C. 4332); secs.131,132,133,135, 137,141, Pub. L.97-425,96 Stat. 2229,2230,2232,2241, sec.148, Pub. L.100-203,101 Stat.

1330-235 (42 U.S.C.10151,10152,10153,10155,10157,10161,10168).

Secs,72.44(g) also issued under secs 142(b) and 148(c), (d), Pub. L. 100-203,101 Stat.

1330-232,1220-236 (42 U.S.C.10162(b),10168(c), (d)). Section 72.46 also issued under sec.189,

~ 68 Stat. 955 (42 U.S.C. 2239); sec.134, Pub. L. 97425,96 Stat. 2230 (42 U.S.C.10154). Section 72.96(d) also issued under. sec.145(g), Pub. L. 97-100-203,101 Stat.1330-235 (42 U.S.C.

10165(g)). Subpart J also issued under secs. 2(2). 2(15), 2(19),117(a),141(h), Pub. L.97-425, 96 Stat. 2202,2203,2204,2222,2224. (42 U.S.C.10101.10137(a),10161(h)). Subparts K and L are  !

also issued under sec.133,-98 Stat. 2230 (42 U.S.C.10153) and sec. 218(a),96 Stat. 2252 (42 U.S.C.~ 10198).

i

54. In @ 72.200, paragraph (c) is revised to read as follows:

39 i

e

r-o 72.200 Provision of MRS information.

(c) Copies of all communications by the Director or the Director's designee under this shall tram Ab4MS be made availabi at the NRC Web site, http://www nrc aov, and/or at the NRC Public Document Room, and shall be furnished to DOE.-

PART 75- SAFEGUARDS ON NUCLEAR MATERIAL- IMPLEMENTATION OF US/lAEA AGREEMENT

55. The authonty citation for Part 75 continues to read as follows:

AUTHOR!TY: Secs. 53,63,103,104,122,161,68 Stat. 930,932,936,937, 939,948, as amended (42 U.S.C. 2073,2093,2133, 2134,2152,2201): sec. 201, 88 Stat.1242, as amended (42 U.S.C. 5841). )

l Section 75.4 also issued under secs. 135,141, Pub. L 97-425,96 Stat. 2232,2241 (42 l U.S.C.10155,10161).

56. In @ 75.2, paragraph (b)is revised to read as follows:

. @ 75.2 Scope.  !

l (b) The United States eligible list is a list of installations eligible for IAEA safeguards under the US/lAEA Safeguards Agreement which the Secretary oLState or his designee files with the Fran ADAMS Commission, a copy of which shall be available for inspectio at the NRC Web site, http://www nrc cov, and/or at the NRC Public Document Room. In accordance with the provisions of the Agreement, there will be excluded from the United States eligible list:

(1) Activities having direct national security signi'icance..

(2) Mining and ore processing activities.

40

d PART 76--CERTIFICATION OF GASEOUS DIFFUSION PLANT

57. The authority citation for Part 76 continues to read as follows.

AUTHORITY: Secs.161,68 Stat. 948, as amended, secs. 1312.1701, as amended,106 Stat.

2932,2951,2952,2953,110 Stat.1321-349 (42 U S C. 2201,2297b-11,2297f); secs. 201, as amended, 204,206,88 Stat.1244,1245,1246 (42 U.S.C. 5841,5842,5845,5846). Sec 234(a),83 Stat. 444, as amended by Pub. L. 104-134,110 Stat.1321.1321-349 (42 U S C. 2243(a)).

Sec. 76.7 also issued under Pub. L.95-601. sec.10,92 Stat 2951 (42 U.S.C. 5851). Sec.

l 76.22 is also issued under sec.193(f), as amended,104 Stat. 2835, as amended by Pub. L.104-l 134,110 Stat.1321,1321-349 (42 U.S.C. 2243(f)) Sec. 76.35(j) also issued under sec.122,68 l

Stat. 939 (42 U.S.C. 2152).

58. In @ 76.37, paragraph (a)is revised to read as follows.

@ 76.37 Federal Register notice.

(a) A notice of the filing of an application specifying that copies of the application, except for Restricted Data Unclassified Controlled Nuclear Information, Classified National Security l

Informatien, Safeguards Information, Proprietary Data, or other withholdable information will be made Crem ADAM 5 available for the public inspectio at the NRC Web site, http://www nrc cov, and/or at the NRC Pubitc Document Room; PART 100--REACTOR SITE CRITERIA

59. The authority citation for Part 100 continues to read as follows:

41

[ .

AUTHORITY: Secs. 103,104,161,182,68 Stat. 936,937,948,953. as amended (42 U.S.C.

2133,2134,2201l 2232); secs. 201, as amended, 202,88 Stat.1242. as amended, 1244 (42 U.S.C.

5841,5842). )

60. In S 100.11 the undesignated paragraph at the end of the section is removed and a new paragraph (c) is added to read as follows:

-5 100.11 Determination of exclusion, low population zone, and population center distance.

(C) Copies of Technical Information Document 14844 may be obtained from the NRC Public

, Page 4% ~ Nn ton, D.C., or by writing the Director of Nuclear ShouM

. Heactor n ,_

^

on i e NR (ation Document 14844 be mad PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND mn.-.

61. The authority citation for Part 110 continues to read as follows:

AUTHORITY: Secs. 51,53,54,57,63,64,65.81,82,.103,104,109,111,126,127,128, 129,161,181; 182,183,187,189, 68 Stat 929, 930, 931, 932, 933, 936, 937, 948, 953, 954, 955, j 956, as amended (42 U.S.C. 2071,2073,2074,2077,2092-2095. 2111,2112. 2133,2134,2139, 2139a,2141,2154-2158,2201,2231-2233- 2237,2239); sec. 201,88 Stat.1242, as amended (42 1

U.S.C. 5841), sec. 5,- Pub. L.101-575,104 Stat. 2835 (42 U.S.C. 2243).

Sections 110.1(b)(2) and 110.1(b)(3)'also issued under Pub. L. 96-92,93 Stat. 710 (22 U.S.C. 2403). Section 110.11 also issued under sec.122,68 Stat. 939 (42 U.S.C. 2152) and secs 54c and 57d.188 Stat. 473,475 (42 U.S C. 2074). Section 110.27 also issued under sec. 309(a),

Pub. L.99-440. Section 110.50(b)(3) also issued under sec.123,92 Stat.142 (42 U.S.C. 2153).

I Section 110.51 also issued under seci184,68 Stat. 954, as amended (42 U.S.C. 2234). Section 'l 110.52 also issued'under sec.186,68 Stat. 955 (42 'U.S.C. 2236). Sections 110.80-110.113 also 42

7 issued under (5 U.S.C,552,554).- Sections 110.130-110.135 also issued under (5 U.S.C. 553). -

Sections 110.2 and 110.42(a)(9) also issued under sec. 903 Pub, L.102-496 (42 U.S.C. 2151 et.

seq).

62. In 9110.2 the definition of Public Document Room is removed and new definitions of NRC Public Document Room and NRC Web site are added to read as follows:

$110.2 Definitions. ,

NRC Public Document Room means the facility at 2120 L Street, NW., Washington, D.C. at 1

i which certain public records of the Commission were made available in paper or microfiche remain '

available for public inspection untilimplementation of the NRC Agencywide Documents Access and l

. Management System, commonly referred to as ADAMS / 9d dl ,- -m m.mmm... It is also the place where computer terminals are available to ac:ess the Electronic Reading Room component of ADAMS on the NRC Web site, http://www nrc cov, where copies can be made or ordered as set forth in $ 9.35. The facility is staffed with reference librarians to assist the public in I

identifying and locating documents and in using the NRC Web site and ADAMS. The NRC Public Document Room is open from 7:45 am to 4:15 pm, Monday through Friday, except on Federal holidays. Reference service ano access to documents may also be requested by telephone (202-634-3273 or 800-397-4209) between 8:30 am and 4:15 pm, or by e-mail (PDR(d)nrc cov). fax (202-634-3343), or letter (NRC Public Document Room, LL-6, Washington, D.C. 20555-0001). )

J NRC Web site, htto'//www.nrc cov, is the Internet uniform resource locator name for the l

Internet address of the Web site where NRC will ordinarily make available its public records for

' inspection.

. . . . . l 43

f

.o

! 63. In f 110.70, paragraph (d)is removed and paragraph (a)is revised to read as follows:

@ 110.70 Public notice of receipt of application.

(a) The Commission will notice the receipt of each license application for an export or import

.frem ADAMS for which a specific license is required by making a copy availabl at the NRC Web site, I

http://www.nre aov, and/or at the NRC Public Document Room.

l .

t

64. Section 110.71 is revised to read as follows:

9 110.71 Notice of withdrawal of an application.

ADA 6 The Commission will notice the withdrawal of an application by making a copy available at the NRC Web site, htto*//www.nrc aov, and/or at the NRC Public Document Room.

65. In 110.72, the section heading and introductory paragraph are revised to read as

! follows:

@110.72 Public availability of documents.

Unless exempt from disclosure under Part 9 of this chapter, the following documents pertaining to each license and license application for an import or export requiring a specific license s m w as l under this Part will be made availablgat the NRC Web site, htto-//www.nrc cov, and/or at the NRC l Public Document Room:

1 l 66. In S 110.112, paragraph (b)is revised to read as fo!!ows:

I-

$ 110.112 Reporter and transcript for an oral hearing.

h SMb (b) Except for any classified portions, transcripts will be made available at the NRC Web site, http://www.nre cov, and/or at the NRC Public Document Room.

44  ;

i L

{ ,

n:_'

67. In @ 110.113, paragraph (c) is revised to read as follows:

110.113 Commission action.

(c) If the Commission considers information not in the hearing record in reaching its licensing decision, the hearing participants will be informeo and, if not classified or otherwise privileged, the bm 4M information will be made available t the NRC Web site, http://www nrc cov, and/or at the NRC Public Document Room,'and furnished to the participants.

l Dated at Rockville, Maryland, this day of ,1998.

. \

I f

For the U.S. Nuclear Regulatory Commission. j t

i A. J. Galante, Chief Information Officer. i 4

45

' )

o, .J