ML23158A149

PR-051 - 62FR26733 - Environmental Report-Materials Licenses

ML23158A149
Person / Time
Issue date:	05/14/1997
From:	Callan L NRC/EDO
To:
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PR-051, 62FR26733
Download: ML23158A149 (1)

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ADAMS Template: SECY-067 DOCUMENT DATE: 05/14/1997 TITLE: PR-051 - 62FR26733 - ENVIRONMENTAL REPORT--

MATERIALS LICENSES CASE

REFERENCE:

PR-051 62FR26733 KEYWORD: RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete

DOCKET NO. PR-051 (62FR26733)

In the Matter of ENVIRONMENTAL REPORT--MATERIALS LICENSES DATE DATE OF TITLE OR DOCKETED DOCUMENT DESCRIPTION OF DOCUMENT

- 05/21/97 04/21/97 FEDERAL REGISTER NOTICE - PROPOSED RULE 05/21/97 04/21/97 FEDERAL REGISTER NOTICE - DIRECT FINAL RULE 06/13/97 06/13/97 COMMENT OF NATIONAL MINING ASSOCIATION (KATIE SWEENEY, ESQ . ) ( 1) 06/17 /97 06/13/97 COMMENT OF NUCLEAR ENERGY INSTITUTE (FELIX M. KILLAR) ( 2)

I DOCKETED USNRC NUCLEAR ENERGY INSTITUTE "97 JJN 17 P4 :21 OFFI CE OF SE CRETAR Y DOC KE Tlt G &. SH1VICE BRA n~ir'qr

~ Felix M. Killar, Jr.

DIRECTOR, Material Licensees & Nuclear lnsixance Direct Line 202.739.8126 Internet fmk@nei.org June 13, 1997 Mr. John C. Hoyle Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 ATTENTION: Docketing and Service Branch

SUBJECT:

Comments on Proposed Rule and Direct Final Rule Eliminating Environmental Report for Material Licensees (62 FR 26733 and 62 FR 26730)

By a Federal Register notices published May 14, 1997, the Nuclear Regulatory Commission (NRC) promulgated a direct final rule which would eliminate a current requirement that uranium mill licensees submit an environmental report at the time of license termination. This action was taken because the requirement is outdated and unnecessary, since the report to be eliminated merely repeats information required to be submitted throughout the process leading to license termination. In the same issue of the Federal Register, NRC published a proposed rule to make the same change. NRC stated that the direct final rule would be withdrawn in the event significant adverse comments were received, in which case the proposed rulemaking would proceed to address those comments.

The Nuclear Energy Institute 1 (NEI) applauds NRC's action to reduce an unnecessary reporting burden on licensees as quickly as possible through a direct final rule. That rule should be allowed to become effective.

1 NEI is the organization responsible for establishing unified nuclear industry policy on matters affecting the nuclear energy industry, including the regulatory aspects of generic operational and technical issues. NEI's members include all utilities licensed to operate commercial nuclear power plants in the United States, nuclear plant designers, major architect/engineering firms , fuel fabrication facilities , materials licensees, and other organizations and individuals involved in th e nuclear en ergy industry.

JUN 2 0 19Q7_

l\cknowledged by card ...--:0............ , j. . ~ , , , .

1776 I STREET, NW SUITE 400 WASH I NGTON, DC 20006-3708 PHONE 202 . 739 . 8000 FAX 202.785 . 4019

Jo.5. NUCLEAR REGULATORY COMM1St,~

DOCKETING & SERVICE SECTION OFFICE OF THE SECRETARY OF THE COMMISSION Document Statistics Postmark Date I (o /1IP q 1 Copies Received,_ _ _/_ _ __

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Mr. John C. Hoyle June 13, 1997 Page 2 NEI agrees with NRC's conclusion that this action is "noncontroversial". Any negative comments that may be received should be scrutinized to determine if they raise substantive objections before any decision is reached to withdraw the direct rule and proceed with the proposed rule process. That process would delay the realization of the benefit of burden reduction, and such a delay should not be incurred for less than substantive reasons.

NRC is encouraged to identify other areas in which duplicate requirements create unnecessary burdens and to address them via direct rules.

Sincerely, i~

Felix M.

Director, Material Licensees & Nuclear Insurance

(D DOCKETED USNRC National Mining Association Foundation For America's Future "97 JUN 13 P2 :14 Katie Sweeney Associate General Counsel OFFI CE OF SECRETARY Legal & Regulatory Affairs DOCKET N BERPR 5/ DOCKETING & ~ERYICE BRAHC, PROPOSED RULE.......~ - -

( lo~ Ff< ~lP 133) " June 13, 1997 Secretary  !

U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, Maryland 20852 Re: Environmental Report -- Materials Licenses

Dear Sir:

The National Mining Association (NMA) submits these comments in response to the Nuclear Regulatory Commission's (NRC) proposal to eliminate the requirement that an environmental report be submitted by uranium mill licensees at the time of license termination. 62 Fed. Reg . 26733 (May 14, 1997) . NMA agrees that submittal of such a report at license termination is unnecessary and duplicative of other reporting requirements that precede license termination. NMA urges NRC to proceed directly to the final rule stage to eliminate this outdated reporting requirement.

NMA's 381 members represent producers of most of America's coal, metals, ce industrial and agricultural minerals; manufacturers of mining and mineral processing machinery and supplies; transporters; financial and engineering firms; and other businesses related to coal and hardrock mining. These comments are submitted by NMA on behalf of its member companies who are NRC licensees. These members include the owners and operators of uranium mills and mill tailings sites and in situ uranium production facilities.

As the proposal correctly notes, uranium mill licensees currently submit several environmental reports throughout the process leading up to license termination. Each application for license amendments to undertake site reclamation and decommissioning activities must be accompanied by an environmental report or supplemental environmental report. After these reclamation activities are completed, licensees are required to submit additional license amendment applications with additional environmental reports. NRC then reviews such applications and issues a technical evaluation report and an environmental impact statement or environmental assessment. NRC then conducts a safety and environmental review before approving each such application. These reporting requirements along with NRC review and approval procedures that have come into existence since the mid 1130 17TH STREET, N W, WASHINGTON, D C. 20036-4677 JUN 2 0 1997_

(202) 463-2625 FAX (202) 857-0135 ~cknowledged by ea..a ----~

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. , UCl ::AA REGULATORY COMMI~10r, DCCKETING & SERVICE SECTION OFF!CE OF THE SECRETARY OF THE COMMISSION Document St"ti.,::cs Postmc1rt,Data 1-frttJ. ~ O!_J fl{tl/~1 Copie$ Received _ _/____ .,....._ _ _

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1970s provide adequate safeguards to ensure that these sites are properly remediated prior to license termination.

Since the environmental report at the time of license termination is simply a reiteration or summary of information previously submitted by the licensee earlier in the process, NMA urges the Commission to eliminate this outdated reporting requirement. The Commission' s proposed action implicitly (if not explicitly) recognizes the rigorous regulatory program applicable to 10 CFR Part 40, Appendix A uranium recovery licensees. It is precisely for such reasons that NMA has suggested that uranium recovery licensees be excluded from coverage under the Commission final rule on radiological criteria for license termination (Secy 97-046A). NMA believes that the staff's proposal that has been excluded form the final rule pursuant to the Staff Requirements Memorandum (May 21, 1997) in fact reflected appropriate regulatory treatment for uranium recovery licensees . If you have any questions or if we can be of assistance, please contact me at 202/463-2627.

2

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• 'figln l nt lo the c*~~ cf r.1e Federal R 1 t:.:: ,.u~iC<Jf'OOcKE TED USNRC .

[7590 PJ "97 MAY 21 P2 :13 NUCLEAR REGULATORY COMMISSION OFFICE OF SEC RE Tt RY 10 CFR Part 51 DOCK ET Id

• g. SE JC~

BRA NCH RIN : AF65 Env i ronmental Report --Materials Licenses AGENCY : Nuclear Regulatory Conmission .

DOCKET NUMBER PROPOSED RULE PR 5I ACTION : Direct fina l rule . ( (p~F/<~~733)

SUMMARY

The Nuclea r Regulatory Conmission (NRC) is amending its regulations to eliminate the requirement that an environmental report be submitted by uranium mill licensees at the time of l i cense termination . This action removes an outdated and unnecessary reporting requirement .

Q,J-M- Ii-; 1991

• EFFECTIVE DATE : The final rule is effective (iQ da~ publ icati on i A the

• Fedral Regi aterA, unless significant adverse conments are received by

~ 1~1177

(~Q---d 8ys afl ec p~bl ice~ioA iA t ~e ~OQQ r~l Reg i ~tQr) . A companion Notice of Proposed Rulemaking i s published with th i s final rule. If the effective date i s delayed , timely noti ce will be published in the Federal Register.

ADDRESSES : Mail conments to : Secretary , U.S. Nuclear Regulatory CoITTTiission .

Washington . DC 20555 -0001, Attention : Docketing and Service Branch. Hand deliver corrments to 11555 Rockville Pike , Maryland . between 7:45 a.m. and 4:15 p.m. on Federal workdays .

Copies of any corrments received may be examined at the NRC Publi c Document Room. 2120 L Street NW . (Lower Level) , Wa shington . DC .

f~. In-) £/1tJ-/Cf1

~ft,~ FR t2t., 7 30

For information on submitting comments electronically , see the discussion under Electronic Access in the Supplementary Information Section .

FOR FURTHER INFORMATION CONTACT: Joseph J. Mate ,l Office of Nuclear Regulatory Research. U.S. Nuclear Regulatory Corrmission. Washington. DC 20555-0001 .

telephone (301) 415-6202, or e-mail JJM@NRC .GOV .

SUPPLEMENTARY INFORMATION:

Background

Environmental protection requirements applicable to NRC's domestic licensing and regulatory functions are addressed in 10 CFR Part 51 . Part 51 also establishes procedures for compliance with the National Environmental Policy Act (NEPA). According to 10 CFR 51 .60, license applicants or licensees under 10 CFR Part 40 and other parts . who *seek approval for a specified list of actions must file an "Applicant ' s Environmental Report" or a "Supplement to an Applicant's Report." The action specified in 10 CFR 51.60(b)(3) is "Termination of a license for the possession and use of source material for uranium milling."

As promulgated in 1974 , 10 CFR Part 51 required that the Atomic Energy Commission (AEC) consider whether. under the circumstances of a particular facility , the AEC should prepare an environmental impact statement (EIS) or environmental appraisal (EA) at license termination ; and gave the AEC authority to obtain the necessary information from the licensee. At that time. few, if any, uranium mills had been subject to a full NEPA review.

2

Al so. there were no statutory or codified rules relevant to the closure of mill tailings sites and ground -water remediation. Hence . an environmental report by the licensee at the time of license termination wa s necessary to ensure proper remediation of the site before terminating the license . The requirement for the submission of an environmental report as part of the application for license terminations was created in 1980. However. reporting requirements that have come into existence since the mid 1970s covering activities that precede license termination have rendered the requirement for a separate environmental report at license termination unnecessary .

Discussion The current decommissioning requirements. for example . 10 CFR Part 40.

Appendix A. criterion 9. call for a licensee to submit several environmental reports throughout the process leading up to license termination . The licensee must submit applications for license amendments to undertake site reclamation and decommissioning activities that must be completed before the license may be terminated. Examples of such activities are decommissioning the mill. reclaiming the tailings, and remediating the ground -water contamination . These applications must be accompanied by an environmental report or a supplement to an environmental report. After the reclamation and decommissioning activities are completed . the licensee must submit another license amendment application. again accompanied by the .necessary environmental report . requesting removal of the license conditions that required the reclamation and decommissioning work . The NRC staff reviews the application and issues a Technical Evaluation Report (TER) and an Environmental Impact Statement (EIS) or Environmental Assessment (EA) .

The NRC staff will conduct a safety and environmental review to ensure that the proposed actions meet the requirements in 10 CFR Part 40 before approval of each such application for a license amendment and license condition requiring the decorrmissioning and reclamation actions. Before license termination, the licensee also must comply with site and byproduct material ownership provisions that require ownership of byproduct material and land (including any interests connected to the land essential to ensure the long-term stability of the disposal site) to be transferred to the Federal Government or to the appropriate State Government.

The termination process in effect at the time the rule was originally promulgated has been superseded by a multi-step process of application ,

reporting, and NRC staff review and approval that leads to the license termination. The sequence of events outlined above takes a number of years and will be completed before the licensee can request termination of the license . Because each step in the sequence requires an environmental report from the licensee, the environmental report that responds to 10 CFR 51.60(b)(3) at the time of license termination is simply a reiteration or surrmary of information previously submitted by the licensee earlier in the process. Hence, it does not provide any new information beyond that already submitted in previous reports, nor does its submittal have bearing on any regulatory decision being made . . Elimination of the reporting requirement in 10 CFR 51.60(b)(3) would not affect the remaining requirements in 10 CFR 51 .60, nor would changes be necessary to 10 CFR Part 40 or to Appendix A to Part 40 .

Electronic Access Cofffilents may be submitted electronically, in either ASCII text or WordPerfect format (version 5.1 or later) , by calling the NRC Electronic Bulletin Board on FedWorld , or directly via the Internet . The bulletin board may be accessed using a personal computer, a modem , and one of the coITTT1only available cofffilunications software packages .

Using a personal computer and modem. the NRC rulemaking subsystem on FedWorld can be accessed directly by dialing the toll free number:

1-800-303-9672. Cofffilunication software parameters should be set as follows:

parity to none, data bits to 8. and stop bits to 1 (N .8.1). Using ANSI or VT-100 terminal emulation . the NRC rulemaking subsystem can then be accessed by selecting the "Rules Menu" option from the "NRC Main Menu . " For further information about options available for NRC at FedWorld. consult the "Help/Information Center* from the "NRC Main Menu . " Users will find the "FedWorld Online User ' s Guides" particularly helpful. Many NRC subsystems and databases also have a "Help/Information Center" option that is tailored to the particular subsystem .

The NRC subsystem on FedWorld can also be accessed by a direct dial phone number for the main FedWorld BBS. 703-321 -3339. or by using Telnet via the Internet . fedworld.gov . If using 703-321-3339 to contact FedWorld . the NRC subsystem will be accessed from the main FedWorld menu by selecting the "Regulatory, Government Administration and State Systems," then selecting "Regulatory Information Mall." At that point, a menu will be displayed that has an opti on "U.S . Nuclear Regulatory CoITTlli ssion " that will ta ke you t o the NRC Online menu . The NRC Online area can also be accessed directly by typing

"/go nrc" at a FedWorld command line . If you access NRC from the FedWorld's main menu , you may return to FedWorld by selecting the "Return to FedWorld" option from the NRC Online Menu. However , if you access NRC at FedWorld by using NRC's toll-free number, you will have full access to all NRC systems but you will not have access to the main FedWorld system.

If you contact FedWorld using Telnet, you will see the NRC area and menus , including the Rules menu. Although you will be able to download documents and leave messages, you will not be able to write comments or upload files (comment$) . If you contact FedWorld using FTP, all files can be accessed and downloaded but uploads are not allowed ; all you will see is *a list of files without descriptions (normal Gopher look). An index file listing all files within a subdirectory , with descriptions. is included.

There is a 15-minute time limit for FTP access .

A rulemaking site also can be accessed through the NRC ' s home page on the World Wide Web (http://w.-.w.nrc.gov) . This site provides the same access

• to rulemakings as the FedWorld bulletin board. and you will be able to upload files (comments) if that function is supported by your web browser.

For more information on NRC bulletin boards at FedWorld call Mr. Arthur Davis, Systems Integration and Development Branch, U.S. Nuclear Regulatory Commission , Washington , DC 20555. telephone (301) 415 -5780; e-mail AXD3@nrc .gov. Information on the Rulemaking Web site can be obtained from Ms . Carol Gallagher , Division of Regulatory Applications. U.S. Nuclear Regulatory Commission, Washington, DC 20555 , telephone (301) 415-5905; e-mail CAG@nrc.gov.

Procedural Background The NRC considers this action to be noncontroversial . Public corrment is unnecessary because the amendment relieves a burden on licensees by eliminating a requirement that has no regulatory ~sepr implications. This

-~ Jt/1 1997 -

action will become effective on (60 days after publ i cati 011 i 11 ti 1e Federal Regi~t@~. However. if the NRC receives significant adverse corrments within

~ 131 l'1'11 CJO ciays after publication in tbe Federal Registr) on the companion notice of proposed rulemaking, the NRC will publish a document that withdraws this action . The NRC will address the corrments received in response to the proposed revisions that are published concurrently in the Proposed Rules section of this Federal Register . Such corrments. if any, will be addressed in a subsequent final rule. Because corrments are requested on the companion notice of proposed rulemaking, NRC will not initiate a second corrment period .

Environmental Impact : Categorical Exclusion The Corrmission has determined that this final rule is the type of action described as a categorical exclusion in 10 CFR 51.22(c)(3). Therefore.

neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.

Paperwork Reduction Act Statement This direct final rule does not contain a new or significantly 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 number 3150 -0027.

Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid 0MB control number.

Regulatory Analysis The NRC staff prepared a regulatory analysis for this final regulation which covered two basic options: take no action and allow the requirement for an environmental report at license termination to remain in the regulations, or eliminate the requirement. The Corrmission has decided to eliminate the requirement through a direct final rule. This action would eliminate an unnecessary reporting requirement and the associated licensee burden to an estimated 11 licensees over the next 10 years.

Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980, 5 U.S.C . 605(b) ,

the Corrmission certifies that this rule does not have a significant economic impact upon a substantial number of small entities. This regulation potentially affects about 30 licensees who operate uranium mills . Only about 11 licensees will be affected over the next 10 years. The l arge majority of these licensees do not fall under the definition of small business enti t ies .

Additionally , this change to the regulation will result in a dec rea se in requirements by eliminating a current reporting requirement . Hence . there i s no significant economic impact on any licensee , large or small.

Backfit Analysis The NRC had determined that the backfit rule, 10 CFR 50.109, does not apply to this rule . and therefore, a backfit analysis is not required because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR 50 .109(a)(l).

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 verifi ed this determination with the Office of Information and Regulatory Affairs, Office of Management and Budget.

List of Subjects in 10 CFR Pa rt 51 Administrative practice and procedure , Environmental impact statement.

Environmental regulations assessment and reports, NEPA procedures , Nuclear material s. Nuclear power plants and reactors . Reporting and record keeping requirements.

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 amendment to 10 CFR Part 51 .

PART 51 - ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS The authority citation for 10 CFR Part 51 continues to read as follows :

1. AUTHORITY : Sec . 161 . 68 Stat. 948. as amended. sec. 1701, 106 Stat .

2951. 2952 , 2953 . (U .S.C. 2201 . 2297f); secs. 201. as amended . 202. 88 Stat.

1242 . as amended. 1244 (42 U.S.C. 5841. 5842). Subpart A also issued under National Environmental Policy Act of 1969 . secs . 102 . 104. 105 . 83 Stat . 853 -

854, as amended (42 U.S .C. 4332 , 4334, 4335); and Pub. L.95-604, Title II, 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 . 148. Pub L. 100-203.

101 Stat. 1330 -223 (U.S.C . 10155 . 10161. 10168). Section 51 .22 also issued under sec . 274 . 73 Stat. 688 . as amended by 92 Stat. 3036-3038 (42 U.S.C.2021) and under Nuclear Waste Policy Act of 1982 . sec 121 . 96 Stat . 2228 (42 U.S.C.10141) . Sections 51.43 . 51.67 . and 51 .109 also issued under Nuclear Waste Policy Act of 1982. sec 114(f). 96 Stat. 2216 . as amended (42 U.S .C.10134(f)).

§ 51 . 60 [Amended]

2. In§ 51.60 . paragraph (b)(3) is removed . paragraphs (b)(4) . (5). and (6) are redesignated as paragraphs (b)(3) , (4), and (5). and paragraph (a) is amended by revising the reference "paragraphs (b)(l) through (b)(6)" to read "paragraphs (b) (1) through (b) (5)."

Dated at Rockville. Maryl and this_2J_ day of lf:rJ. 1997 .

For the Nuclear Regulatory Commission.

a11 an .

Director for Operations .

DOCK ETED

[7590 P] USNRC NUCLEAR REGULATORY COMMISSION "97 MAY 21 P2 :13 10 CFR Part 51 OFFIC E OF SEC RETA Y RIN: AF65 OOC KETL JG & S R lv E RAHCI I Environmental Report-- Materials Licenses AGENCY: Nuclear Regulatory Commission.

DOCKET NLUBER PROPOSED RULE PR .5 I ACTION: Proposed rule. ( ft;~ FR~(, 7 33)

SUMMARY

The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to eliminate the requirement that an environmental report must be submitted by uranium mi ll licensees at the time of license termination. The intent of this action is to remove an outdated and unnecessary reporting requirement.

DATE: Comments on the proposed rule must be received on or before t30 days a--~'.tliff P.YBl i cati 011 i II the Fecle1°al Regi ste,) .

9-~ /~ 1977 ADDRESSES: Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Docketing and Service Branch . Hand deliver comments to 11555 Rockville Pike, Maryland, between 7:45 a.m. and 4:15 p.m. on Federal workdays .

Copies of any comments received may be examined at the NRC Public Document Room, 2120 L street NW (Lower Level), Washington, DC.

For information on submitting comments electronically, see the discussion under Electronic Access in the Supplementary Information Section .

FOR FURTHER INFORMATION CONTACT: Joseph J. Mate, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission , Washington, DC 20555-0001, telephone (301) 415-6202, or e-mail JJM@NRC.GOV.

SUPPLEMENTARY INFORMATION:

For additional information, see the direct final rule published in the Rules section of this Federal Register.

Procedural Background The NRC considers this action to be noncontroversial and routine. We are publishing this proposed rule concurrently with a final rule on the subject which will become effective on (60 days after publication in the Federal Register). However, if the NRC receives significant adverse comments on the proposed amendment in this notice by (30 days after publication in the Federal Register), the NRC will publish a document that withdraws the final rule. If the final rule is withdrawn, the NRC will address the comments received in response to the proposed revisions in this notice in a subsequent final rule. Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period for this action if the final rule is withdrawn.

Electronic Access Comments may be submitted electronically, in either ASCII text or Wordperfect format (version 5.1 or later), by calling the NRC Electronic Bulletin Board on FedWorld, or directly via the Internet. The bulletin board may be accessed ustng a personal computer, a modem, and one of the commonly available communications software packages.

Using a personal computer and modem, the NRC rulemaking subsystem on FedWorld can be accessed directly by dialing the toll free number:

4t 1-800-303-9672. Communication software parameters should be set as follows:

parity to none, data bits to 8, and stop bits to 1 (N,8,1). Using ANSI or VT-100 terminal emulation, the NRC rulemaking subsystem can then be accessed by selecting the "Rules Menu" option from the "NRC Main Menu." For further information about options available for NRC at FedWorld, consult the "Help/Information Center' from the "NRC Main Menu. 11 Users will find the "FedWorld Online User's Guides particularly helpful. Many NRC subsystems and databases also have a "Help/Information Center" option that is tailored to the particular subsystem.

The NRC subsystem on FedWorld can also be accessed by a direct dial phone number for the main FedWorld BBS, 703-321-3339, or by using Telnet via the Internet, fedworld.gov. If using 703-321-3339 to contact FedWorld, the NRC subsystem will be accessed from the main FedWorld menu by selecting the "Regulatory, Government Administration and State Systems," then selecting "Regulatory Information Mall." At that point, a menu will be displayed that has an option U.S. Nuclear Regulatory Commission" that will take you to the NRC Online menu. The NRC Online area can also be accessed directly by typing 11

/go nrc" at a FedWorld command line. If you access NRC from the FedWorld's main menu, you may return to FedWorld by selecting the "Return to Fedworld" option from the NRC Online Menu. However, if you access NRC at FedWorld by using NRC's toll-free number, you will have full access to all NRC systems but you will not have access to the main FedWorld system.

If you contact FedWorld using Telnet, you will see the NRC area and menus, including the Rules menu. Although you will be able to download documents and leave messages, you will not be able to write comments or upload files (comments). If you contact FedWorld using FTP, all files can be accessed and downloaded but uploads are not allowed; all you will see is a list of files without descriptions (normal Gopher look). An index file listing all files within a subdirectory, with descriptions, is included.

There is a 15-minute time limit for FTP access.

A rulemaking site also can be accessed through the NRC's home page on the World Wide Web (http://www.nrc.gov). This site provides the same access to rulemakings as the FedWorld bulletin board, and you will be able to upload files (comments) if that function is supported by your web browser.

For more information on NRC bulletin boards at FedWorld call Mr. Arthur Davis, Systems Integration and Development Branch, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-5780; e-mail AXD3@nrc.gov. Information on the Rulemaking Web site can be obtained from Ms. Carol Gallagher, Division of Regulatory Applications, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-5905; e-mail CAG@nrc.gov.

List of Subjects in 10 CFR Part 51 Administrative practice and procedure, Environmental impact statement, Environmental regulations assessment and reports, NEPA procedures, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements.

For 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 proposing to adopt the following amendments to 10 CFR Part 51.

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

1. AUTHORITY: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106 Stat.

2951, 2952, 2953, (U.S.C. 2201, 2297f); secs. 201, as amended, 202, 88 Stat.

- 1242, as amended, 1244 (42 U.S.C. 5841, 5842). Subpart A also issued under National Environmental Policy Act of 1969, secs. 102, 104, 105, 83 Stat. 853-854, as amended (42 U.S.C. 4332, 4334, 4335); and Pub. L.95-604, Title II, 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. 148, Pub L. 100-203, 101 Stat. 1330-223 (U.S.C. 10155, 10161, 10168). Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat. 3036-3038 (42 U.S.C.

2021) and under Nuclear Waste Policy Act of 1982, sec 121, 96 Stat. 2228 (42 U.S.C. 10141). Sections 51.43, 51.67, and 51.109 also issued under Nuclear Waste Policy Act of 1982, sec 114(f), 96 Stat. 2216, as amended (42 U.S.C.

10134(f)).

§ 51.60 [Amended]

2. In§ 51.60, paragraph (b)(3) is removed, paragraphs (b)(4), (5), and (6) are redesignated as paragraphs (b)(3), (4), and (5), and paragraph (a) is amended by revising the reference "paragraphs (b)(l) through (b)(6)" to read "paragraphs (J)(l) through (b)(5)."

Dated at Rockville, Maryland this~ day of IJ--,v4, ~997.

For the Nuclear Regulatory Commission.

L. Joseph lan, Execu~c~Operations.