[Federal Register Volume 61, Number 10 (Tuesday, January 16, 1996)]
[Rules and Regulations]
[Pages 1109-1115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-346]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 30, 40, and 70
RIN 3150-AF38
One-Time Extension of Certain Byproduct, Source, and Special
Nuclear Materials Licenses
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations to implement, on a one-time basis, a five-year extension of
certain byproduct, source, and special nuclear materials licenses. The
provisions of the licenses under extension provide the same
authorizations and limits on licensee activities as they do now. The
final rule specifies the licenses that are not extended.
EFFECTIVE DATE: February 15, 1996.
FOR FURTHER INFORMATION CONTACT: John M. Pelchat, NRC, Region II, 101
Marietta Street, N.W., Suite 2900, Atlanta, GA 30323, telephone (404)
331-5083; or C. W. Nilsen, Office of Nuclear Regulatory Research, NRC,
Washington, DC 20555, telephone (301) 415-6209.
SUPPLEMENTARY INFORMATION:
Background
The NRC has completed the preliminary phases of an effort to
redesign the process for licensing medical, academic, and industrial
users of byproduct materials as well as some small scope users of
source and special nuclear materials. To make resources available to
expedite the development, design, and testing of the new materials
licensing process, the Commission is extending certain specific
materials licenses (``licenses'') by five years from the current
expiration dates of those licenses. Resources that would have otherwise
been used to renew these licenses will be devoted to the redesign
project. The extension will be a one-time occurrence. The Commission
does not envision that any similar extensions will be granted in the
future.
The extension granted by this rulemaking does not apply to the
licenses for power and non-power reactors, uranium milling and
processing facilities, or fuel production facilities. The extended
licenses are not considered to be the equivalent of a renewed license
because they provide the same authorizations and limits on licensee
activities as are currently applicable to each licensee. Accordingly,
the extended licenses will not be based on nor reference pending
renewal applications, including requests, if any, in those renewal
applications, for NRC approval of changes in current operations. The
frequency of licensee inspections will not change as a result of this
final rule.
The Commission concludes that it may take this action because no
legislative mandate requires that materials licenses have a five-year
term. Many years ago, materials licenses were issued for two-year
periods. As the uses of radioactive materials became more stable and
predictable, the typical duration of licenses was changed to five
years. The Commission has concluded that certain specific materials
licenses may be extended once by rule for an additional five years
beyond their stated expiration date without the normal renewal review
and without adverse effect on public health and safety. The
Commission's conclusion is based upon three factors. First, certain
specific licenses for which the Commission believes that a renewal
review should not be delayed five years will not be affected by this
rule. Licenses that may present, in the Commission's view, a greater
potential risk from a health and safety standpoint will not be
generically
[[Page 1110]]
extended by this rulemaking. Second, the extended licenses will not
change the authorized activities nor regulatory requirements. Third,
the NRC will continue its normal inspection program of licensed
activities, including inspections of those licenses that will be
extended by this final rule. Significant inspection findings will be
resolved through the issuance of Notices of Violations that require
written responses describing corrective actions, Confirmatory Action
Letters (CALs), or Orders that would modify, suspend, or revoke the
license and that would impose civil penalties, as appropriate.
Accordingly, the Commission has concluded that there would be
reasonable assurance of public health and safety under this rule.
Summary of Requirements and Analysis of Public Comments
The NRC is amending Parts 30, 40, and 70 of its regulations to
extend, on a one-time basis, certain byproduct, source, and special
nuclear materials licenses. These regulations specify the licenses that
are not extended by this rulemaking. The NRC received 28 letters of
public comment: twenty-one from licensees; one from an Agreement State;
none from non-Agreement States; two from consulting firms; two from
private citizens; and two from trade associations. Eighteen commenters
supported the proposed rule and one was opposed. Eight commenters
supported the rulemaking to varying degrees, but offered suggestions
for modification of the rules. One comment addressed issues to be
considered by the NRC should the rulemaking be implemented, without
stating support or opposition for the proposed rule.
Commenters supporting the proposed rule cited the cost savings to
taxpayers, affected licensees, and the general public. Some of these
commenters also supported the redesign effort of the materials
licensing process.
One commenter supported the proposed rule and suggested that the
rulemaking be amended to include the Quality Assurance program
requirements in 10 CFR Part 71. The suggested amendment is outside of
the scope of the proposed rulemaking.
Another commenter supported the proposed rule but noted there was
no mention of specific cost reductions to the licensee as a result of
this extension and stated that this point should be addressed. The NRC
recognizes that, on a one-time basis, many licensees will save the
renewal fee required by 10 CFR 170.31 as well as the costs associated
with the preparation of the renewal application. The NRC staff did not
attempt to quantify these costs, recognizing the significant
variability among licensees as to the effort required to prepare
license renewal applications. In addition, the NRC staff believes these
savings will be offset to some extent by the need for those licensees
to prepare and submit license amendment requests (and associated fees)
to request necessary changes in their programs that may have been
included in the license renewal application.
Another commenter supported the proposed rulemaking but also
suggested that the NRC reevaluate its fee structure. The fees structure
and questions relating to the assessment of fees are outside the scope
of this rulemaking.
Another commenter expressed general support for the effort to
redesign the licensing process and stated that the renewal process was
redundant, and served no useful purpose that could not otherwise be
achieved more effectively through the license amendment and inspection
processes. The commenter urged the NRC to reconsider the proposed rule
and remove the license renewal process from the regulations. The issue
of deleting the license renewal process from the regulations is beyond
the scope of this rulemaking. However, this comment will be considered
as part of the Office of Nuclear Material Safety and Safeguards'
(NMSS') initiative to review the appropriate duration of the licenses
and the certificates that it issues. In addition, for uranium recovery
facilities, the Commission staff is currently analyzing the possibility
of extending the duration of licenses for that class of licensees. Once
the staff has completed its analysis and consulted with the Commission,
the NRC will determine what, if any action it will take in extending
the duration of uranium recovery facility licenses. This final rule
extends certain materials licenses on a one-time basis and NMSS'
consideration of the appropriate duration of materials licenses is a
separate issue being considered by the NRC.
A commenter who objected to the proposed rulemaking stated that the
renewal process is valuable because it forces licensees to examine
their programs and bring records up to date. The commenter also noted
that the proposed rulemaking was indicative of the NRC's `` * * *
arrogant, deficient attitude toward safety.'' In response to the
comment, the NRC staff notes that 10 CFR 20.1101 requires all specific
licensees to develop, document, and implement a radiation protection
program commensurate with the scope and extent of licensed activities.
The regulation further requires that licensees periodically (at least
annually) review the content and the implementation of the radiation
protection program. The Commission believes that this requirement, the
criteria set out in this rulemaking, and the NRC's ongoing inspection
program are sufficient to ensure that licensees develop and implement
radiation programs and periodically review them to assess the program's
effectiveness. It must also be recognized that the NRC is not
eliminating the need to file for a renewal but is only changing the
time frame for renewal of licenses affected by this rulemaking.
An Agreement State submitted a comment concerning provisions that
the NRC should have available to ensure that persons could determine
that a specific license was extended as a result of this rulemaking.
The NRC staff is developing procedures to implement this rule,
including providing prompt notification to licensees whose licenses
have been extended by the final rule.
The Commission also sought public comments on the issue of license
duration. Ten of the persons who commented on the one-time extension
also provided specific comments regarding the appropriate duration of
material licenses. Several commenters suggested that a license term of
ten years would be appropriate. One commenter specifically suggested
that medical licenses be issued for seven years. Three commenters
suggested licenses have a term of twenty years. Another commenter
suggested that a license be initially issued for two to four years, to
allow a new licensee to demonstrate its stability. The terms of
subsequent license renewals could then be extended for up to twenty
years. The NRC will consider these comments in the development of its
policy concerning the duration of material licenses.
Other comments addressed specific components of the proposed rule.
Those comments and their resolutions are discussed below and, to the
extent possible, are arranged under the identified section of the rule
to which they are related. For the purpose of clarity, the common
elements of the comment discussion will be grouped by the nature of the
requirements, because the new regulatory requirements in 10 CFR Parts
30, 40, and 70 closely parallel each other.
Description of Rulemaking and Analysis of Specific Public Comments
The final rule was based on and mainly derived from the current
provisions in 10 CFR Parts 30, 40, and 70. Parts 30, 40, and 70 contain
the
[[Page 1111]]
general requirements used by the Commission to license the possession
and use of byproduct, source, and special nuclear materials. Specific
sections being added or amended by this final rulemaking include the
following:
10 CFR 30.36(a)(2), 40.42(a)(2), and 70.38(a)(2)
These paragraphs state that each specific license that has an
expiration date after July 1, 1995, has an expiration date that is 5
years after the expiration date stated in the current license, unless
it is specifically excluded by the final amendments contained in this
rule. This extends all licenses, that are not otherwise disqualified by
the regulations, by five years without the requirement for the licensee
to prepare and submit a license renewal application 30 days before the
expiration date in the current license. Licensees holding licenses that
are extended by this rule would not be required to take any action to
renew the license until 30 days before the end of the extension which
will end five years after the date currently specified on the license.
Licensees who hold licenses that are not extended by this rule will
continue to be required to either file for license renewal 30 days
before the expiration date currently specified in the license or comply
with the applicable license termination requirements specified in 10
CFR 30.36, 40.42, and 70.38.
No specific comments were received on these paragraphs.
Paragraphs 30.36(a)(3)(i), 40.42(a)(3)(j), and 70.38(a)(3)(i)
These paragraphs delineate the specific licenses that are not
extended by the final rule because an evaluation or an emergency plan
is required in accordance with 10 CFR 30.32(i), 40.31(j), or 70.22(i),
respectively. This excludes those licenses that require an evaluation
or an emergency plan, because these licenses authorize activities
involving large quantities of unsealed licensed materials that the
Commission believes may pose a significant potential for release of
radioactive materials that may result in potential exposure to the
public and contamination of the environment. Therefore, the Commission
believes that it would be prudent to review these licenses individually
during the renewal process before making a determination to extend
these licenses.
One commenter took exception to the NRC's statements, in the
proposed rule, which it believed implied that its member organizations,
many of whom are ineligible for the one-time extension based on the
size and the scope of their licensed programs and the regulatory
requirement for an emergency plan, pose relatively greater safety
risks. The commenter indicated that it did not believe these licensees
have a significant potential for release of licensed material and
public exposure. The commenter further noted that there have been no
incidents where members of the public received significant exposures
from licensed materials, that the licensees' controls were sufficient
to contain licensed materials, and that maximum credible release
scenarios showed insignificant offsite impacts.
In developing its criteria to disqualify certain material licenses
from the extension, the NRC staff considered its licensees' operations
on a scale of relative hazard. The NRC used previously-established
criteria (i.e., the need to have emergency plans, the need to have
adequate financial assurance to fund decommissioning, etc.) to
determine which licensed operations were relatively more hazardous,
thus deserving closer NRC oversight. The NRC believes that licenses
authorizing possession and use of large quantities of unsealed high-
activity radionuclides pose a greater potential for hazard than do
licenses authorizing use of sealed sources with engineered safety
features or licenses authorizing smaller quantities of lower activity
radionuclides. The NRC did not state or suggest that this group of
licensees has released licensed materials, exposed the public, or
contaminated the environment. The NRC only indicated that the scope of
activities carried out by this group of licensees, using previously
established standards, has the potential for such releases and,
accordingly, should not be generically extended by this rule. The NRC
believes that a licensee possessing sufficient quantities of licensed
materials to be subject to the requirements of 10 CFR 30.32(i),
40.31(j), or 70.22(i) should file renewal applications so the NRC staff
can review the licensee's overall operations before granting an
extended license term.
Another commenter objected to the disqualification for an extension
based on need for an evaluation or an emergency plan as required in 10
CFR 30.32(i), 40.31(j), or 70.22(i). The commenter suggested that the
disqualifier for extension based on the need for contingency planning
be structured similarly to the disqualifier based on the need for
financial assurance. In other words, amend the rule to not extend any
license whose holder is required to provide an evaluation or an
emergency plan ``. . . and who has not submitted such a plan.'' The
commenter indicated that the NRC acceptance of the required evaluation
or emergency plan should be sufficient to allow a license to be
eligible for extension. The commenter alternatively suggested that its
particular situation be evaluated on a case-by-case basis.
The NRC has concluded that licensees required to submit either an
evaluation or an emergency plan are authorized to possess and use
sufficient quantities of licensed materials to warrant closer NRC
oversight to ensure that conditions related to the evaluation have not
changed or that the emergency plan continues to be appropriate and
adequate with regard to the scope of the licensee's activities. The NRC
believes that holders of this type of license should continue to submit
this type of information in renewal applications and that these
licenses should not be subject to the one-time license extension. The
one-time extension of licenses is being pursued through rulemaking,
rather than on a case-by-case basis, so as to free the maximum amount
of NRC resources to revise the current materials licensing process. The
NRC is in the process of reviewing the appropriate duration for
materials licensees. After completing the case-by-case review that will
take place during the renewal process for those licenses not extended
by this rulemaking, the NRC may decide to grant license renewals for
periods exceeding the five-year duration typical under current practice
depending on the results of the ongoing review of license duration.
Paragraphs 30.36(a)(3)(ii), 40.42(a)(3)(ii), and 70.38(a)(3)(ii)
These paragraphs delineate the specific licenses that are not
extended under the final rule because the licenses are subject to the
financial assurance requirements specified in 10 CFR 30.35, 40.36, or
70.25; and either: (a) have not submitted a decommissioning funding
plan or certification of financial assurance for decommissioning; or
(b) have not received written notice as of February 15, 1996 that the
decommissioning funding plan or certification of financial assurance
for decommissioning is acceptable. These licenses authorize possession
of quantities and forms of licensed materials that the Commission
believes pose a potential need for extensive decontamination before
termination of the license and release of decommissioned facilities.
Therefore, the Commission believes that renewals of these licenses
should continue to be reviewed under existing procedures to
[[Page 1112]]
ensure that appropriate resources are available to support
decommissioning activity.
No specific comments were received on these paragraphs.
Paragraphs 30.36(a)(3)(iii), 40.42(a)(3)(iii), and 70.38(a)(3)(iii)
These paragraphs delineate the specific licenses that are not
extended under the final rule because the licenses are listed in the
Site Decommissioning Management Plan (SDMP). Generally, licenses on the
SDMP list are no longer actively using licensed materials. The
Commission believes that it is necessary in the interest of public
health and safety to review the licensee's procedures to ensure proper
evaluation of site remediation activities at facilities where the
licensee's radiation safety program may be inactive or scaled back.
No specific comments were received on these paragraphs.
Paragraphs 30.36(a)(3)(iv), 40.42(a)(3)(iv), and 70.38(a)(3)(iv)
These paragraphs delineate the specific licenses that are not
extended because the issuance, amendment, or renewal of this type of
license is not a categorical exclusion under 10 CFR 51.22(c)(14). This
excludes licenses that include activities requiring the preparation of
an environmental assessment or environmental impact statement, before
the Commission's specific authorization of that activity, from the
five-year extension. Generally, these licenses authorize the release of
licensed materials to the environment under highly controlled
conditions in conjunction with scientific research activities. The
Commission has concluded that it is important to continue reviewing
licenses that may have a greater potential for adversely impacting the
environment before making decisions on to whether to grant these
licensees' licenses with longer durations.
No specific comments were received on these paragraphs.
Paragraphs 30.36(a)(3)(v), 40.42(a)(3)(v), and 70.38(a)(3)(v)
These paragraphs delineate the specific licenses that are not
extended under the final rule because the holders of these specific
licenses have not had a prior NRC inspection as of February 15, 1996.
This ensures that the Commission has verified the effectiveness of the
licensees' radiation safety programs by onsite inspections of the
licensees' equipment and procedures used to safely possess and use
licensed materials, as a precondition to allowing five-year extensions
of licenses, under these amendments to the regulations.
No specific comments were received on these paragraphs.
Paragraphs 30.36(a)(3)(vi), 40.42(a)(3)(vi), and 70.38(a)(3)(vi)
These paragraphs delineate the specific licenses that are not
extended under the final rule if, as the result of the most recent
inspections, the holders of these specific licenses have been:
(a) Cited for a Severity Level I, II, or III violation;
(b) Subject to an Order issued by the NRC; or
(c) Subject to a Confirmatory Action Letter (CAL) issued by the
NRC.
This excludes licenses from the five-year extensions, after the NRC
has identified significant safety concerns or other regulatory issues.
Typically, these licensees are reinspected within six months, to verify
that effective corrective actions have been taken and to ensure that
the licensees' facilities, equipment, and procedures have been
adequately modified to prevent a recurrence of the identified
violations. The Commission expects its licensees to operate in strict
compliance with its regulatory requirements. Therefore, the Commission
believes that it is prudent to review license renewal applications of
licensees with recent safety-significant findings so that the NRC can
verify that the licensees have adequate personnel, facilities, and
procedures to enable them to operate at the expected level of
compliance.
A commenter objected to use of the issuance of a CAL as a
disqualifier from the one-time license extension. The NRC chose to
disqualify from the one-time extension those licenses that have
exhibited significantly declining or poor performance with regard to
compliance with the NRC regulations as documented at the time of the
most recent NRC inspection. One such indicator of significantly
declining or poor performance is the issuance of a CAL. NRC recognizes
that licensees receiving a CAL usually take the necessary corrective
actions. The NRC expects that licensees will take timely and effective
corrective actions. CALs specifically state that the failure to do so
may result in the NRC's issuance of an order modifying, suspending, or
revoking the subject license. The NRC does not believe that it should
extend these licenses without having first verified, by direct
observation as well as other evaluations, during follow-up inspections,
that the licensees' corrective actions were, in fact, effective.
Another commenter noted that a modest improvement in program safety
can be expected as a result of this rulemaking because the rule bestows
a tangible, public, and previously unexpected reward on those licensees
that have maintained programs free of significant violations.
Paragraphs 30.36(a)(3)(vii), 40.42(a)(3)(vii), and 70.38(a)(3)(vii)
These paragraphs delineate the specific licenses that are not
extended under the final rule because the Commission intends to
continue to review the submissions of these licensees who have already
submitted applications and paid fees for timely license renewal.
Renewal requests will be granted after the NRC completes its review of
those applications and determines that the applications satisfy NRC
requirements. The July 1, 1995, expiration date was chosen based on
resource considerations. The NRC staff has begun the review of many
applications for renewal of licenses with expiration dates before July
1, 1995, and believes that it is not appropriate to waste the resources
already expended in that effort. However, the NRC has not begun the
review of most of the applications for renewal of licenses with
expiration dates after July 1, 1995, and resources will be conserved by
extending those licenses.
No specific comments were received on these paragraphs.
Paragraph 70.38(a)(3)(viii)
This paragraph delineates the specific licenses that are not
extended under the final rule because the licenses authorize possession
of sufficient quantities of special nuclear material to be subject to
the criticality accident requirements of 10 CFR 70.24. This excludes
those licenses from the five-year extension because the Commission
believes that it is prudent to continue reviewing the licensees'
existing programs before granting licenses for longer durations to
ensure the adequacy of the licensees' criticality safety procedures.
No specific comments were received on this paragraph.
Paragraphs 30.37(b), 40.43(b), and 70.33(b)
These paragraphs specify that any pending license renewal
applications for specific licenses that are extended under the final
rule are automatically withdrawn. Any paid license renewal fees for
withdrawn applications will be refunded.
Two comments generally supportive of the rule expressed concern
about licensees who had already prepared
[[Page 1113]]
license renewal applications for submission to the NRC. One commenter
suggested that licensees whose licenses expired after July 1, 1995, and
who have prepared complete renewal applications without reference to
previously submitted documents should have the option of: (1) Having
their new renewal application reviewed and the license renewed; or (2)
having the existing license extended. The other commenter had prepared
complete license renewal applications, for its clients, that included
descriptions of the radiation safety programs updated to reflect the
revisions to 10 CFR part 20 that became effective January 1, 1994. The
commenter suggested that these applications be reviewed and the
licenses renewed, rather than extended.
The NRC believes that as many eligible licenses as possible should
be extended, to achieve the maximum resource savings possible for use
in redesigning the materials licensing process. However, the NRC also
recognizes that some licensees may want the NRC to review part or all
of their license renewal applications. Licensees whose license renewal
applications are automatically withdrawn by this rulemaking but whose
renewal applications contain revisions that they need to have
incorporated in their licenses, should submit those changes as an
amendment request accompanied by the appropriate amendment fees.
Environmental Impact: Categorical Exclusion
The NRC has determined that these regulations are the type of
actions described in the categorical exclusion in 10 CFR 51.22(c)(3).
Therefore, neither an environmental impact statement nor an
environmental assessment has been prepared for this regulation.
Paperwork Reduction Act
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 (OMB) approval number 3150-0009 (Part
70) and 3150-0120 (Parts 30 and 40). The NRC may not conduct nor
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
Regulatory Analysis
A regulatory analysis has not been prepared for this rule because
it is not expected to have any adverse impact on licensees subject to
the final rule. These licensees will be postponing the submission of
license renewal applications and the associated fees for five years.
Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act of 1980, 5 U.S.C.
605(b), the Commission certifies that these rules will not have a
significant economic impact on a substantial number of small entities.
These rules merely extend, on a one-time basis, certain existing
byproduct, source, and special nuclear materials licenses that meet
specified criteria by five years and therefore, will not result in any
adverse impact.
Backfit Analysis
The NRC has determined that the backfit rule, 10 CFR 50.109, does
not apply to this final rule and, therefore, that a backfit analysis is
not required for this rulemaking because these amendments do not
involve any provisions that would impose backfits as defined in 10 CFR
50.109(a)(1).
List of Subjects
10 CFR Part 30
Byproduct material, Criminal penalties, Government contracts,
Intergovernmental relations, Isotopes, Nuclear materials, Radiation
protection, Reporting and recordkeeping requirements.
10 CFR Part 40
Criminal penalties, Government contracts, Hazardous materials
transportation, Nuclear materials, Reporting and recordkeeping
requirements, Source material, Uranium.
10 CFR Part 70
Criminal penalties, Hazardous materials transportation, Material
control and accounting, Nuclear materials, Packaging and containers,
Radiation protection, Reporting and recordkeeping requirements,
Scientific equipment, Security measures, Special nuclear material.
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 Nuclear
Regulatory Commission is adopting the following amendments to 10 CFR
Parts 30, 40, and 70.
PART 30--RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF
BYPRODUCT MATERIAL
1. The authority citation for 10 CFR Part 30 continues to read as
follows:
Authority: Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948,
953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42
U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201, as
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.
5841, 5842, 5846).
Section 30.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42
U.S.C. 5851). Section 30.34(b) also issued under sec. 184, 68 Stat.
954, as amended (42 U.S.C. 2234). Section 30.61 also issued under sec.
187, 68 Stat. 955 (42 U.S.C. 2237).
2. In 10 CFR 30.36, paragraph (a) is revised to read as follows:
Sec. 30.36 Expiration and termination of licenses and decommissioning
of sites and separate buildings or outdoor areas.
(a)(1) Except as provided in paragraph (a)(2) of this section, each
specific license expires at the end of the day on the expiration date
stated in the license unless the licensee has filed an application for
renewal under Sec. 30.37 not less than 30 days before the expiration
date stated in the existing license (or, for those licenses subject to
paragraph (a)(2) of this section, 30 days before the deemed expiration
date in that paragraph). If an application for renewal has been filed
at least 30 days before the expiration date stated in the existing
license (or, for those licenses subject to paragraph (a)(2) of this
section, 30 days before the deemed expiration date in that paragraph),
the existing license expires at the end of the day on which the
Commission makes a final determination to deny the renewal application
or, if the determination states an expiration date, the expiration date
stated in the determination.
(2) Each specific license that has an expiration date after July 1,
1995, and is not one of the licenses described in paragraph (a)(3) of
this section, shall be deemed to have an expiration date that is five
years after the expiration date stated in the current license.
(3) The following specific licenses are not subject to, or
otherwise affected by, the provisions of paragraph (a)(2) of this
section:
(i) Specific licenses for which, on February 15, 1996, an
evaluation or an emergency plan is required in accordance with
Sec. 30.32(i);
(ii) Specific licenses whose holders are subject to the financial
assurance
[[Page 1114]]
requirements specified in 10 CFR 30.35, and on February 15, 1996, the
holders either:
(A) Have not submitted a decommissioning funding plan or
certification of financial assurance for decommissioning; or
(B) Have not received written notice that the decommissioning
funding plan or certification of financial assurance for
decommissioning is acceptable;
(iii) Specific licenses whose holders are listed in the SDMP List
published in NUREG 1444, Supplement 1 (November 1995);
(iv) Specific licenses whose issuance, amendment, or renewal, as of
February 15, 1996, is not a categorical exclusion under 10 CFR
51.22(c)(14) and, therefore, need an environmental assessment or
environmental impact statement pursuant to Subpart A of Part 51 of this
chapter;
(v) Specific licenses whose holders have not had at least one NRC
inspection of licensed activities before February 15, 1996;
(vi) Specific licenses whose holders, as the result of the most
recent NRC inspection of licensed activities conducted before February
15, 1996, have been:
(A) Cited for a Severity Level I, II, or III violation in a Notice
of Violation;
(B) Subject to an Order issued by the NRC; or
(C) Subject to a Confirmatory Action Letter issued by the NRC.
* * * * *
(vii) Specific licenses with expiration dates before July 1, 1995,
for which the holders have submitted applications for renewal under 10
CFR 30.37 of this part.
3. In 10 CFR 30.37, a new paragraph (b) is added to read as
follows:
Sec. 30.37 Application for renewal of licenses.
* * * * *
(b) If any licensee granted the extension described in 10 CFR
30.36(a)(2) has a currently pending renewal application for the
extended license, that application will be considered withdrawn by the
licensee and any renewal fees paid by the licensee for that application
will be refunded.
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL
4. The authority citation for 10 CFR Part 40 continues to read as
follows:
Authority: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68
Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs. 11e(2),
83, 84, Pub. L. 95-604, 92 Stat. 3033, as amended, 3039, sec. 234,
83 Stat. 444, as amended (42 U.S.C. 2014(e)(2), 2092, 2093, 2094,
2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); sec. 274,
Pub. L. 86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.
5841, 5842, 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L.
97-415, 96 Stat. 2067 (42 U.S.C. 2022).
Section 40.7 also issued under Public Law 95-601, sec. 10, 92 Stat.
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123, (42
U.S.C. 5851). Section 40.31(g) also issued under sec. 122, 68 Stat. 939
(42 U.S.C. 2152). Section 40.46 also issued under sec. 184, 68 Stat.
954, as amended (42 U.S.C. 2234). Section 40.71 also issued under sec.
187, 68 Stat. 955 (42 U.S.C. 2237).
5. In Sec. 40.42, paragraph (a) is revised to read as follows:
Sec. 40.42 Expiration and termination of licenses and decommissioning
of sites and separate buildings or outdoor areas.
(a)(1) Except as provided in paragraph (a)(2) of this section, each
specific license expires at the end of the day on the expiration date
stated in the license unless the licensee has filed an application for
renewal under Sec. 40.43 not less than 30 days before the expiration
date stated in the existing license (or, for those licenses subject to
paragraph (a)(2) of this section, 30 days before the deemed expiration
date in that paragraph). If an application for renewal has been filed
at least 30 days before the expiration date stated in the existing
license (or, for those licenses subject to paragraph (a)(2) of this
section, 30 days before the deemed expiration date in that paragraph),
the existing license expires at the end of the day on which the
Commission makes a final determination to deny the renewal application
or, if the determination states an expiration date, the expiration date
stated in the determination.
(2) Each specific license that has an expiration date after July 1,
1995, and is not one of the licenses described in paragraph (a)(3) of
this section, shall be deemed to have an expiration date that is five
years after the expiration date stated in the current license.
(3) The following specific licenses are not subject to, or
otherwise affected by, the provisions of paragraph (a)(2) of this
section:
(i) Specific licenses for which, on February 15, 1996, an
evaluation or an emergency plan is required in accordance with
Sec. 40.31(j);
(ii) Specific licenses whose holders are subject to the financial
assurance requirements specified in 10 CFR 40.36, and on February 15,
1996, the holders either:
(A) Have not submitted a decommissioning funding plan nor
certification of financial assurance for decommissioning; or
(B) Have not received written notice that the decommissioning
funding plan or certification of financial assurance for
decommissioning is acceptable;
(iii) Specific licenses whose holders are listed in the SDMP List
published in NUREG 1444, Supplement 1 (November 1995);
(iv) Specific licenses whose issuance, amendment, or renewal, as of
February 15, 1996, is not a categorical exclusion under 10 CFR
51.22(c)(14) and, therefore, need an environmental assessment or
environmental impact statement pursuant to Subpart A of Part 51 of this
chapter;
(v) Specific licenses whose holders have not had at least one NRC
inspection of licensed activities before February 15, 1996;
(vi) Specific licenses whose holders, as the result of the most
recent NRC inspection of licensed activities conducted before February
15, 1996, have been:
(A) Cited for a Severity Level I, II, or III violation in a Notice
of Violation;
(B) Subject to an Order issued by the NRC; or
(C) Subject to a CAL issued by the NRC.
(vii) Specific licenses with expiration dates before July 1, 1995,
for which the holders have submitted applications for renewal under 10
CFR 40.43 of this part.
* * * * *
6. In 10 CFR 40.43, a new paragraph (b) is added to read as
follows:
Sec. 40.43 Renewal of licenses.
* * * * *
(b) If any licensee granted the extension described in 10 CFR
40.42(a)(2) has a currently pending renewal application for the
extended license, that application will be considered to be withdrawn
by the licensee and any renewal fees paid by the licensee for that
application will be refunded.
PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
7. The authority citation for 10 CFR Part 70 continues to read as
follows:
Authority: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948,
953, 954, as amended, sec. 234, 83 Stat. 444, as amended, sec. 1701,
106 Stat. 2951, 2952, 2953 (42 U.S.C. 2071, 2073, 2201, 2232, 2233,
2282, 2297f); secs. 201, as amended, 202, 204, 206, 88 Stat. 1242,
as amended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846).
Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141,
Public Law 97-425, 96 Stat. 2232, 2241 (42 U.S.C.
[[Page 1115]]
10155, 10161). Section 70.7 also issued under Public Law 95-601, sec.
10, 92 Stat. 2951 (42 U.S.C. 5851). Section 70.21(g) also issued under
sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued
under sec. 57d, Public Law 93-377, 88 Stat. 475 (42 U.S.C. 2077).
Sections 70.36 and 70.44 also issued under sec. 184, 68 Stat. 954, as
amended (42 U.S.C. 2234). Section 70.61 also issued under secs. 186,
187, 68 Stat. 955 (42 U.S.C. 2236, 2237). Section 70.62 also issued
under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).
8. In 10 CFR 70.38, paragraph (a) is revised to read as follows:
Sec. 70.38 Expiration and termination of licenses and decommissioning
of sites and separate buildings or outdoor areas.
(a)(1) Except as provided in paragraph (a)(2) of this section, each
specific license expires at the end of the day on the expiration date
stated in the license unless the licensee has filed an application for
renewal under Sec. 70.33 not less than 30 days before the expiration
date stated in the existing license (or, for those licenses subject to
paragraph (a)(2) of this section, 30 days before the deemed expiration
date in that paragraph). If an application for renewal has been filed
at least 30 days before the expiration date stated in the existing
license (or, for those licenses subject to paragraph (a)(2) of this
section, 30 days before the deemed expiration date in that paragraph),
the existing license expires at the end of the day on which the
Commission makes a final determination to deny the renewal application
or, if the determination states an expiration date, the expiration date
stated in the determination.
(2) Each specific license that has an expiration date after July 1,
1995, and is not one of the licenses described in paragraph (a)(3) of
this section, shall be deemed to have an expiration date that is five
years after the expiration date stated in the current license.
(3) The following specific licenses are not subject to, nor
otherwise affected by, the provisions of paragraph (a)(2) of this
section:
(i) Specific licenses for which, on February 15, 1996, an
evaluation or an emergency plan is required in accordance with
Sec. 70.22(i);
(ii) Specific licenses whose holders are subject to the financial
assurance requirements specified in 10 CFR 70.25, and on February 15,
1996, the holders either:
(A) Have not submitted a decommissioning funding plan or
certification of financial assurance for decommissioning; or
(B) Have not received written notice that the decommissioning
funding plan or certification of financial assurance for
decommissioning is acceptable;
(iii) Specific licenses whose holders are listed in the SDMP List
published in NUREG 1444, Supplement 1 (November 1995);
(iv) Specific licenses whose issuance, amendment or renewal, as of
February 15, 1996, is not a categorical exclusion under 10 CFR
51.22(c)(14) and, therefore, need an environmental assessment or
environmental impact statement pursuant to Subpart A of Part 51 of this
chapter;
(v) Specific licenses whose holders have not had at least one NRC
inspection of licensed activities before February 15, 1996;
(vi) Specific licenses whose holders, as the result of the most
recent NRC inspection of licensed activities conducted before February
15, 1996, have been:
(A) Cited for a Severity Level I, II, or III violation in a Notice
of Violation:
(B) Subject to an Order issued by the NRC; or
(C) Subject to a CAL issued by the NRC.
(vii) Specific licenses with expiration dates before July 1, 1995,
for which the holders have submitted applications for renewal under 10
CFR 70.33 of this part.
(viii) Specific licenses issued pursuant to 10 CFR 70.31 that, as
of February 15, 1996, are also subject to the requirements in
Sec. 70.24.
* * * * *
9. In 10 CFR 70.33, a new paragraph (b) is added to read as
follows:
Sec. 70.33 Renewal of licenses.
* * * * *
(b) If any licensee granted the extension described in 10 CFR
70.38(a)(2) has a currently pending renewal application for that
extended license, that application will be considered withdrawn by the
licensee and any renewal fees paid by the licensee for that application
will be refunded.
Dated at Rockville, Maryland, this 20th day of December, 1995.
For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 96-346 Filed 1-11-96; 2:00 pm]
BILLING CODE 7590-01-P
