[Federal Register Volume 64, Number 174 (Thursday, September 9, 1999)]
[Rules and Regulations]
[Pages 48942-48956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23160]
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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
AGENCY: Nuclear Regulatory Commission.
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. The amendments reflect the NRC's decision to
implement a new document management system that will permit the
electronic storage, retrieval, and on-line ordering of publicly
available NRC official records through the NRC Web site.
EFFECTIVE DATE: October 12, 1999.
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, DC
20555-0001, telephone (301) 415-6527, email: RAP1@nrc.gov.
SUPPLEMENTARY INFORMATION:
The Nuclear Regulatory Commission (NRC) is amending its regulations
to reflect the use of a new electronic record keeping system for NRC
records. The NRC is establishing the Agencywide Documents Access and
Management System (ADAMS) to provide for the electronic submission,
storage, and retrieval of NRC official records. When ADAMS becomes
operational, any NRC official records that are normally publicly
available under the Commission's regulations will be available
electronically through ADAMS. The regulations governing which records
are publicly available are unaffected by this final rule. Publicly
available records will be accessible electronically from the ADAMS
Public Library component on the NRC 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, DC, and the
Local Public Document Rooms (LPDRs), located near nuclear power plants
and other nuclear facilities. Under ADAMS, NRC will initially begin
making available electronically through the Electronic Reading Room on
the NRC Internet Web site, imaged copies of its newly received and
created publicly available official records that are in paper form.
However, ultimately, NRC's newly created official records will all be
stored in ADAMS only in electronic form, and NRC will maintain only its
pre-ADAMS records as paper copies. Because of budget constraints and
the improved access to newly received and created records via the NRC
Web site under ADAMS, the Commission decided to discontinue funding of
the LPDR program beyond Fiscal Year 1999.
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 where LPDRs are currently
located revealed that all but six now provide, or will provide Internet
access to its patrons by the end of 1999. Additionally, although NRC
plans to discontinue the LPDR program, it has offered each of the
current LPDR libraries the opportunity to keep their current LPDR
document collections so the pre-ADAMS LPDR collections can continue to
be available in the local communities. Of the 86 current LPDRs, 64 have
expressed an interest in maintaining their current LPDR document
collections after the LPDR program is discontinued. The decision to
accept this offer to transfer ownership of these collections and the
length of time they will be maintained will be at the sole discretion
of each library.
In addition, the Government Printing Office (GPO) has agreed to
accept the LPDR microfiche collections that were not kept by the
current LPDR libraries. GPO will place these collections in their
Federal Depository Library Program (FDLP). This assures the
continuation of at least one LPDR microfiche collection in each of the
states which now has one.
ADAMS will provide the following added benefits that should
preclude or minimize any public concerns regarding the impact from
discontinuing the LPDR program:
1. ADAMS Internet access will provide access to new records in full
text and image.
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.
3. Some new records will be available to the public within days
instead of the
[[Page 48943]]
two weeks or longer it now takes for LPDRs to receive microfiche or
paper copies of new accessions.
4. Internet public access to the NRC Web site will provide direct
access to a much broader range of the public than just to those who,
because of their close proximity, have access to the PDR and LPDRs.
The NRC PDR will still have pre-ADAMS paper and microfiche records
on site and available to the public for viewing and copying. The PDR
will also have computer terminals available for the public to access
new documents on the NRC Web site. The public will still be able to
obtain paper copies of new electronic records by printing them from the
NRC Internet Web site, by ordering them for a fee from the PDR directly
from the NRC Web site, or by using current ordering methods. The
current methods are: in-person at the PDR, mail, e-mail, 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. This will also allow the public to order
copies of pre-ADAMS paper and microfiche records. The public will also
have access to the NRC Web site from any computer with Internet access,
and will be able to download the records to the computer they are using
for printing or other supported functions.
Public Comment Summary
The NRC published a proposed rule on May 7, 1999, (64 FR 24531). In
response, the NRC received ten comments from the public. The comments
are addressed individually below:
1. Martha Dibblee, Received via Email May 14, 1999
Comment: If you eliminate the public document room and put it on
the Internet (which I believe is a wonderful idea since I use the
Internet) the rule or an appendix should include a list of public
libraries in the U.S.
Response: The Public Document Room (PDR), in Washington, DC, is not
being eliminated. The Local Public Document Room (LPDR) program,
supporting document collections set up in libraries near nuclear
facilities, is being discontinued. However, most of those libraries are
retaining their collections. A list of public libraries in the U.S.
should be available at any public library as well as on the Internet.
2. Connecticut Yankee Atomic Power Company (CYAPCO), Dated May 20, 1999
Comment: CYAPCO fully supports the NRC's initiative to implement a
new document management system that would permit the electronic
storage, retrieval, and on-line ordering of publicly available NRC
official records through the NRC Web site.
Response: NRC considers this comment supportive of the rule and it
requires no further response.
Comment: CYAPCO also supports expanded use of ADAMS for electronic
licensee submittals and agency documents for docketed correspondence.
Response: NRC considers this comment supportive of the rule and it
requires no further response.
3. State of Illinois, Department of Nuclear Safety (IDNS), Dated May
27, 1999
Comment: IDNS supports the expanded availability of NRC records
through the NRC Web site. This should facilitate greater public access
to the records and cost savings to NRC.
Response: NRC considers this comment supportive of the rule and it
requires no further response.
Comment: Will documents relating to Part 30 and Part 40 licenses be
available on the NRC's Web site?
Response: Yes, publicly available documents received or created
after the implementation of ADAMS, relating to part 30 and part 40
licenses will be available on the NRC's Web site. Documents prior to
the implementation of ADAMS, will not routinely be placed into the
ADAMS system, but they can be identified from the legacy systems
indexes available online in the ADAMS Electronic Reading Room and
ordered from the PDR; or, if convenient, can be accessed on the
microfiche at one of the libraries that has retained the LPDR record
collection. Those libraries and their locations will be identified on
the NRC Web site.
Comment: NRC, not licensees, will be responsible for imaging paper
copies into electronic form. Is this correct? How will NRC handle
oversize documents?
Response: Yes, NRC will be responsible for imaging paper copies if
licensees do not submit documents in electronic form, including
oversized documents.
Comment: Is there a legal requirement that facilities, where LPDRs
are currently located, provide Internet access?
Response: No, NRC has no authority to do so and has never
established any requirement that facilities where LPDRs are currently
located provide Internet access.
Comment: Whose responsibility is it to provide and maintain such
access?
Response: The decision as to whether or not an LPDR or any other
public or educational library provides and/or maintains Internet access
is not within NRC's jurisdiction. However, under the Telecommunications
Act of 1996, the Federal government is supporting Internet access from
public libraries and schools through fees collected under regulations
issued by the Federal Communications Commission. Likewise, many States
have programs supporting Internet access from public libraries.
Comment: Has it been determined that such Internet access is Y2K
compliant? If not, when will Y2K compliance be determined?
Response: NRC has no jurisdiction over Internet access at any of
its current LPDR library facilities, including whether or not such
access is Y2K compliant.
4. Lynn Connor, Portland, Oregon, Dated June 15, 1999
Comment: I believe it is impossible to provide any meaningful
comment on a system that is not yet operational and for which there is
very little public information available on how it will work.
Response: NRC acknowledges this comment and believes that
sufficient information has been provided regarding the planned
operation of the new system.
5. Sarah M. Fields, Moab, Utah, Dated June 21, 1999
Comment: The NRC should maintain at least one LPDR in each state
that currently has an LPDR.
Response: Of the 73 LPDRs that have microfiche, 54 have agreed to
keep their collections and the remaining 19 will be transferred to the
GPO Federal Depository Library Program, assuring the continuation of at
least one LPDR collection in each of the states which now has one. The
libraries that currently house the collections to be relocated will
receive the final shipments of microfiche from the current document
management system, making the collections complete before any
transfers. The LPDRs that have opted to keep their collections have
been asked to contact the GPO first before making any disposition
decisions if they change their mind and no longer wish to maintain
their collections.
Comment: The NRC should facilitate the transfer of the LPDR
collection from
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any LPDR which does not wish to keep its collection to an appropriate
library near the site of uranium mills which have operated under
license to the AEC and/or the NRC.
Response: See response to previous comment.
Comment: The NRC should establish a priority list for the transfer
of LPDR collections to mill site areas. First on the list should be the
Grants and Gallup areas of New Mexico, Wyoming, and southeastern Utah.
Response: The first priority that NRC established was to allow
current LPDR libraries to keep the collections they now have. The next
priority was to transfer any microfiche collections that LPDR libraries
did not elect to keep to the GPO for placement in their Federal
Depository Library Program (FDLP) in, at minimum, each of the states
which now has an LPDR microfiche collection. The NRC currently
maintains an LPDR in the Grants and Gallup areas of New Mexico, located
at the Dine College, Crownepoint, New Mexico. An LPDR also exits in the
state of Utah at the Marriott Library, University of Utah, Salt Lake
City. Both of those libraries have elected to keep their collections.
There is not currently an LPDR in the state of Wyoming.
The change will not lessen the public's accessibility to NRC
information, except to those few who, because of their close proximity,
have had convenient access to the PDR and LPDRs prior to relocation of
an LPDR. Overall, public access to the NRC Web site via the Internet
will provide direct access to a much broader range of the public than
just those few for whom they were conveniently located before the move.
The public can now use any access to the Internet to access NRC
publicly available documents, whether it be from a public, college, or
university library, their place of business, or their home using their
own personal computer.
6. Nuclear Energy Institute (NEI), Dated June 21, 1999
Comment: NEI commends the NRC on its initiative to make its records
available electronically. The availability of NRC records via an
electronic format will provide broader, more timely access of this
information to all of the NRC's stakeholders. Furthermore, the cost
savings that will be realized through the elimination of the Local
Public Document Room (LPDRs) will be beneficial to all stakeholders.
Response: NRC considers this comment supportive of the rule and it
requires no further response.
7. Licensing Support Services, Dated June 18, 1999
Comment: It is prudent to try out a new system first, to debut it
and verify that it can accomplish what is intended, before abandoning
the tried-and-true method it is to replace.
Response: The NRC's current document management system, NUDOCS, was
not Y2K compliant. A decision had to be made whether to expend funds to
keep that system operating after ADAMS. The NRC determined that it was
not economically feasible to keep NUDOCS operational.
Comment: The likelihood of a delay in implementing ADAMS, combined
with the end of support for LPDRs at the beginning of FY00, makes it
very likely that public access to information will be interrupted for a
time.
Response: ADAMS should begin providing public access to documents
effective October 1999. Public access to information is not expected to
be interrupted. As previously described, most of the current LPDRs that
have microfiche have agreed to keep their collections and the remaining
ones will be transferred to the GPO Federal Depository Library Program.
Should ADAMS implementation be delayed, NRC would continue with the
current process until the new system is in place.
Comment: LSS is concerned that the volume of material, and the
practical needs of preparing it for web availability, will make it
difficult or impossible to fulfill the promise made in the proposed
rule.
Response: Currently, documents to be posted to the Web site have to
first be coded in hypertext markup language. This process can take
several days. However, ADAMS is not currently being used for the
posting of documents to the web. ADAMS does not require coding to post
to the Web and, when it becomes operational, the only delays in release
will be those which the NRC staff purposely establishes to preclude
premature releases to the public.
8. Unsigned and Undated, Received June 24, 1999
Comment: The commenter provides various comments regarding concerns
or dissatisfaction with the current status of public accessibility to
records and interest in expansion of the current LPDR system.
Response: The proposed rule announced the change in the way the NRC
will provide publicly available information. The change will not lessen
the accessibility to NRC information, except perhaps in a few instances
where LPDRs relocate, thereby making access to those records less
accessible to those for whom they were conveniently located before the
move. Overall, public access to the NRC Web site via the Internet will
provide direct access to a much broader range of the public than just
to those few who, because of their close proximity, have had convenient
access to the PDR and LPDRs. The public can now use any access to the
Internet to access NRC publicly available documents, whether it be from
a public, college, or university library, their place of business, or
their home using their own personal computer. These changes to NRC
regulations only affect the way records are made available to the
public by formally discontinuing the LPDR program and making the Web
the main avenue for public access. No other changes have been made or
addressed.
Comment: Has NRC done an assessment of the use of the LPDRs and how
do members of the public feel about NRC's plans?
Response: Over the years, NRC has received quarterly reports of
public usage of the LPDRs and found use at many of them to be minimal.
Based on the limited number of comments in response to the proposed
rule and other miscellaneous responses in direct conversations with
LPDR librarians, the current PDR and LPDR users welcome the new system
which promises to provide much broader and easier access than currently
available.
Comment: Should users be forced to pay a fee to access NRC
documents?
Response: Libraries do not charge their patrons to view on the
Internet, but as with paper copies, charges may be made for printing.
Users now pay fees for copies of documents whether they obtain them
from the PDR or the LPDR. Under ADAMS, many users will be able to
obtain documents at no cost via their home computers by downloading to
a disk or printing a document. However, just as they do now, the public
can still order documents from the PDR for a fee.
Comment: The NRC needs a customer feedback process to ensure that
public's comments are obtained and acted upon during the transition
period.
Response: NRC is very much aware of the need for public feedback to
resolve problems that are certain to be encountered in this major
transition. The PDR will continue to serve as the public interface to
assist the public in obtaining timely and full access to NRC's publicly
available information and the ADAMS Web site will provide information
and a means for the public to ask questions and provide comments.
[[Page 48945]]
Comment: Will NRC fund and maintain and upgrade the computer
terminals, software, and printers in LPDRs?
Response: No. The NRC is discontinuing its LPDR program and will no
longer be funding libraries that keep those collections.
Comment: If NRC is replacing the LPDR with the Internet why can't
those records made available through NTIS also be made available
through the Internet?
Response: Records made available through NTIS will be available
through the Internet in ADAMS.
Comment: Shouldn't NRC build a relational information system such
that a member of the public can locate all NRC and licensee
information, including upcoming meetings about a specific licensee?
Response: The PDR staff has been assigned primary responsibility
for the design of the organizational scheme for ADAMS to ensure that
the transition from the current systems (BRS and NUDOCS) for locating
documents to ADAMS will be as easy as possible for the public.
9. Winston & Strawn, Dated June 23, 1999
Comment: Given the magnitude and volume of official record material
created and received by the Agency, we urge that a similar
organizational scheme be adopted for the ADAMS to help facilitate the
public access to documents by docket number, reference group, or
subject area.
Response: See the previous response.
Comment: We recommend that the ADAMS or the PDR accommodate the
public availability of records that are not suitable for electronic
dissemination (e.g. video tapes, audio tapes, etc.).
Response: The NRC will accommodate the public availability of
records that are not suitable for electronic dissemination.
Comment: Will imaged records in the ADAMS include the official NRC
watermark and signature?
Response: The electronic copy of documents in ADAMS will show a
signature (and watermark if it is present and visible enough to be
imaged) just as is currently available in the microfiche and
photocopies of paper records.
Comment: We believe that all NUREGs should be available on ADAMS.
Response: All publicly available NUREGs published after the
implementation of ADAMS will be available in ADAMS. NUREGs published
before the implementation of ADAMS may be placed in ADAMS on a
selective basis.
Comment: The NRC should implement controls to ensure that the
document processing contractor is properly qualified to classify
``externally generated'' documents.
Response: The NRC document processing contractor is the same
contractor that processed documents under the NUDOCS system and will be
qualified to classify those documents it processes under ADAMS. The
document processing contractor determines the public availability of
documents only for certain documents using pre-determined criteria. All
others are made publicly available by staff review of the documents and
instructions to the document processing contractor or by the staff
processing them directly into ADAMS.
Comment: The NRC should include an advance copy public library in
the ADAMS architecture.
Response: There will not be a need for an advance copy public
library, since once a document is marked to be released to the public,
the release is made. There will not be any backlog of unprocessed
documents in this document management system.
10. Gerry C. Slagis, Pleasant Hill, CA, Dated June 23, 1999
Comment: I applaud the use of ADAMS to make NRC official records
available to the public. However, I am against the shutting down of the
LPDR program beyond Fiscal Year 1999. The problem is public access to
the NRC official records prior to ADAMS. A person needs to be able to
view the documents before copying certain pages or ordering the entire
document.
Response: Although the NRC is going to discontinue the LPDR program
at the end of September 1999, documents issued prior to ADAMS
implementation will still be accessible to the public. Documents
published or issued before the implementation of ADAMS, will not
routinely be placed into the ADAMS system. However, these documents can
be identified from the legacy systems (BRS and NUDOCS) indexes
available online in the ADAMS Electronic Reading Room and ordered from
the PDR; or, if convenient, can be accessed on the microfiche at one of
the libraries that has retained the LPDR record collection. Most of the
LPDRs are keeping their microfiche collections. Therefore, most of the
public who have access to an LPDR now will continue to have access
after ADAMS is operational. Those libraries and their locations will be
identified on the NRC Web site.
Because records will be released electronically to the public
rather than in paper or microfiche, this rule amends the regulations in
10 CFR Parts 1, 2, 7, 9, 50, 51, 52, 60, 62, 72, 75, 76, 100, and 110
to reflect the manner in which these records would be made publicly
available.
To reflect the discontinuance of NRC support of libraries serving
as LPDRs, references to NRC LPDRs will be deleted in 10 CFR
2.1231(a)(1)(ii), and (b); 9.35 (b) and (e); 50.30(a)(5); part 50
Appendix Q, section 4; 51.120; part 52, Appendix O, section 5; part 52,
Appendix Q, section 4, and 76.37(a).
In addition, several other minor conforming changes will be made.
The definition of the PDR in 10 CFR 2.4, 60.2, and 110.2 is now in a
new paragraph and will be 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 can be ordered from the PDR. A
new paragraph will define 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) will be 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. The address for the NTIS and a statement that
certain listed documents can be ordered from the NTIS will be added to
9.21(a). Section 9.21(d) will be deleted because the publication Title
List of Documents Made Publicly Available, NUREG-0540, will no longer
be published. Section 9.21(e) will be 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
Regulatory Issuances (NUREG-0750). The reference to interpretations in
9.21(c)(2) will be deleted because they are not available from NTIS.
Section 9.23(a)(2) will be deleted because it repeats information
included in the revised 9.21(a). Section 51.123(a) and (b) will be
revised to reflect the correct address where requests for draft
environmental impact statements and draft findings of no significant
hazard can be submitted.
Changes are made in several sections to reflect the correct name of
the NRC
[[Page 48946]]
PDR. In addition, several misspelling corrections are made.
National Technology Transfer and Advancement Act
The National Technology Transfer and Advancement Act of 1995, Pub.
L. 104-113, requires that Federal agencies use technical standards
developed or adopted by voluntary consensus standards bodies unless the
use of such a standard is inconsistent with applicable law or is
otherwise impractical. There are no industry consensus standards that
apply to the electronic availability of public records. Thus, the
provisions of the Act do not apply to this rulemaking.
Environmental Impact--Categorical Exclusion
The NRC has determined that this final rule is the type of action
described in categorical exclusion 10 CFR 51.22(c)(1) and (2).
Therefore, neither an environmental impact statement nor an
environmental assessment has been prepared for this final rule.
Paperwork 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.
Regulatory Analysis
This final rule implements a new NRC procedure for making records
available for public inspection and copying. This rule does not have
any adverse economic impact on any class of licensee or the NRC. To the
contrary, the final 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. A survey of the facilities where
LPDRs are currently located revealed that all but six now provide, or
will provide, Internet access to its patrons by the end of 1999.
Additionally, although NRC plans to discontinue the LPDR program, it
has offered each of the current LPDR libraries the opportunity to keep
their current LPDR document collections so the pre-ADAMS LPDR
collections can continue to be available in the local communities. Of
the 86 current LPDRs, 64 have expressed an interest in maintaining
their current LPDR document collections after the LPDR program is
discontinued. This constitutes the regulatory analysis for this rule.
Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980, 5 U.S.C.
605(b), the Commission certifies that this rule does not have a
significant economic impact upon a substantial number of small
entities. The final rule implements a new procedure for making records
available to the public. The NRC believes that the changes will not
have an adverse economic impact on any class of licensee, including
small entities, or the general public. On the contrary, the NRC
believes that the final rule provides wider opportunities and make it
easier for interested persons to obtain or review publicly available
NRC records.
Backfit Analysis
The NRC has determined that the backfit rule does not apply to this
final 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.
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 OMB.
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
discrimination, Source material, Special nuclear material, Waste
treatment and disposal.
10 CFR Part 7
Advisory committees, Sunshine Act.
10 CFR Part 9
Criminal penalties, Freedom of Information, Privacy, Reporting and
recordkeeping requirements, Sunshine Act.
10 CFR Part 50
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 criteria, 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
criteria, Redress of site, Reporting and recordkeeping requirements,
Standard design, Standard design certification.
10 CFR Part 60
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, Reporting and
recordkeeping requirements, Security measures.
10 CFR Part 75
Criminal penalties, Intergovernmental relations, Nuclear materials,
Nuclear power plants and reactors, Reporting and recordkeeping
requirements, Security measures.
[[Page 48947]]
10 CFR Part 76
Certification, Criminal penalties, Radiation 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, 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 to 10 CFR Parts 1, 2, 7, 9, 50, 51, 52, 60,
62, 72, 75, 76, 100 and 110.
PART 1--STATEMENT OF ORGANIZATION AND GENERAL INFORMATION:
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, 1248, as amended (42 U.S.C. 5841, 5843,
5844, 5845, 5849); 5 U.S.C. 552, 553; Reorganization Plan No. 1 of
1980, 45 FR 40561, June 16, 1980.
2. In Sec. 1.3, paragraph (a) is revised to read as follows:
Sec. 1.3 Sources of additional information.
(a) A statement of the NRC's organization, policies, procedures,
assignments of responsibility, and delegations of authority is in the
Nuclear Regulatory Commission Management Directives System and other
NRC issuances, including local directives issued by Regional Offices.
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 delegations of authority are available for public inspection and
copying for a fee at the NRC Public 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 detailed descriptions of the
functional responsibilities of NRC's offices. It is revised annually
and is available for public inspection at the NRC Web site, http://
www.nrc.gov, and/or at the NRC Public Document Room, or for purchase
from the Superintendent of Documents, US Government Printing Office,
P.O. Box 37082, Washington, DC 20013-7082; and from the National
Technical Information Service, Springfield, VA 22161.
* * * * *
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:
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. 10143(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, 103, 104, 105, 183i, 189, 68
Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133,
2134, 2135, 2233, 2239). Section 2.105 also issued under Pub. L. 97-
415, 96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also
issued under secs. 161 b, i, o, 182, 186, 234, 68 Stat. 948-951,
955, 83 Stat. 444, as amended (42 U.S.C.2201(b), (i), (o), 2236,
2282); sec. 206, 88 Stat. 1246 (42 U.S.C. 5846). Sections 2.205(j)
also issued under Pub. L. 101-410, 104 Stat. 90, as amended by
section 3100(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 also issued under sec. 189, 68 Stat.
955 (42 U.S.C. 2239). Subpart M also issued under sec. 184 (42
U.S.C. 2234) and 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).
4. Section 2.4 is amended by adding the definition of NRC Public
Document Room and NRC Web site to read as follows:
Sec. 2.4 Definitions.
* * * * *
NRC Public Document Room means the facility at 2120 L Street, NW,
Washington, DC where certain public records of the NRC that were made
available for public inspection in paper or microfiche prior to the
implementation of the NRC Agencywide Documents Access and Management
System, commonly referred to as ADAMS, will remain available for public
inspection. 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 Sec. 9.35 of this chapter. 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 ([email protected]), 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 Sec. 2.101, paragraph (a)(2) is revised to read as follows:
Sec. 2.101 Filing of application
(a) * * *
(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 treated as a tendered
[[Page 48948]]
application. A copy of the tendered application will be available for
public inspection at the NRC Web site, http://www.nrc.gov, 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
these cases, the Commission, pursuant to Sec. 2.104(a), will direct
that the notice of hearing be issued as soon as practicable after the
application has been tendered, and the determination of acceptability
will be made generally within a period 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 Sec. 2.110, paragraph (c) is revised to read as follows:
Sec. 2.110 Filing and administrative action on submittals for design
review or early review of sitesuitability issues.
* * * * *
(c) Upon completion of review by the NRC staff and the ACRS of a
submittal of the type described in paragraph (a)(1) of this section,
the Director of the Office of Nuclear Reactor Regulation shall publish
in the Federal Register a determination as to whether or not the design
is acceptable, subject to conditions as may be appropriate, and shall
make available at the NRC Web site, http://www.nrc.gov, a report that
analyzes the design.
7. In Sec. 2.206, paragraph (a) is revised to read as follows:
Sec. 2.206 Requests for action under this subpart.
(a) Any person may file a request to institute a proceeding
pursuant to Sec. 2.202 to modify, suspend, or revoke a license, or for
any other action as may be proper. Requests must be addressed to the
Executive Director for Operations and must be filed either by delivery
to the NRC Public Document Room at 2120 L Street, NW, Washington, DC,
or by mail or telegram addressed to the Executive Director for
Operations, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001. The request must specify the action requested and set forth the
facts that constitute the basis for the request. The Executive Director
for Operations will refer the request to the Director 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 Sec. 2.701, paragraph (a)(1) is revised to read as follows:
Sec. 2.701 Filing of documents.
(a) * * *
(1) By delivery to the NRC Public Document Room at 2120 L Street,
NW., Washington, DC, or
* * * * *
9. In Sec. 2.740, paragraph (b) (1) is revised to read as follows:
Sec. 2.740 General provisions governing discovery.
* * * * *
(b) * * *
(1) In general. Parties may obtain discovery regarding any matter,
not privileged, which is relevant to the subject matter involved in the
proceeding, whether it relates to the claim or defense of any 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 reasonably available from another source, such as at the NRC
Web site, http://www.nrc.gov, 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 begins only after the prehearing
conference provided for in Sec. 2.751a and relates only to those
matters in controversy which have been identified by the Commission or
the presiding officer in the prehearing order entered at the conclusion
of that prehearing conference. In such a proceeding, no discovery may
take place after the beginning of the prehearing conference held
pursuant to Sec. 2.752 except upon leave of the presiding officer upon
good cause shown. It is not ground for objection that the information
sought will be inadmissible at the hearing if the information sought
appears reasonably calculated to lead to the discovery of admissible
evidence.
* * * * *
10. In Sec. 2.750, paragraph (a) is revised to read as follows:
Sec. 2.750 Official reporter; transcript.
(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 by the Commission or may be a regular
employee of the Commission. The transcript prepared by the reporter is
the sole official transcript of the proceeding. Except as limited
pursuant to Sec. 181 of the Act or order of the Commission, the
transcript will be available for inspection at the NRC Web site, http:/
/www.nrc.gov, 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 specified charges.
* * * * *
11. In Sec. 2.790, the introductory text of paragraph (a) and
paragraph (c) are revised to read as follows:
Sec. 2.790 Public inspections, exemptions, requests for withholding.
(a) Subject to the provisions of paragraphs (b), (d), and (e) of
this section, final NRC records and documents, including but not
limited to correspondence to and from the NRC regarding the issuance,
denial, amendment, transfer, renewal, modification, suspension,
revocation, or violation of a license, permit, or order, or regarding a
rulemaking proceeding subject to this part shall not, in the 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 be made
available for inspection and copying at the NRC Web site, http://
www.nrc.gov, 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 thirty (30) days after the
date of the notice, when the document will be available at the NRC Web
site, http://www.nrc.gov. If, within the time specified in the notice,
the applicant requests withdrawal of the document, the document will
not be available at the NRC Web site, http://www.nrc.gov, and will be
returned to the applicant: Provided, that information submitted in a
rule making proceeding which 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 this section is
granted, the
[[Page 48949]]
Commission will notify the applicant of its determination to withhold
the information from public disclosure.
* * * * *
12. In Sec. 2.802, paragraphs (e) and (g) are revised to read as
follows:
Sec. 2.802 Petition for rulemaking.
* * * * *
(e) If it is determined that the petition includes the information
required by paragraph (c) of this section and is complete, the
Director, Division of Administrative Services, Office of
Administration, or designee, will assign a docket number to the
petition, will cause the petition to be formally docketed, and will
make a copy of the docketed petition available at the NRC Web site,
http://www.nrc.gov. 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.
* * * * *
(g) The Director, Division of Administrative Services, Office of
Administration, will prepare on a semiannual basis a summary of
petitions for rulemaking before the Commission, including the status of
each petition. A copy of the report will be available for public
inspection and copying at the NRC Web site, http://www.nrc.gov, and/or
at the NRC Public Document Room.
13. In Sec. 2.804, paragraph (b)(2) is revised to read as follows:
Sec. 2.804 Notice of proposed rulemaking.
* * * * *
(b) * * *
(2) The manner and time within which interested members of the
public may comment, and a statement that copies of comments may be
examined will be made available at the NRC Web site, http://
www.nrc.gov;
* * * * *
14. In Sec. 2.809, paragraph (a) is revised to read as follows:
Sec. 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 doing so. Both the ACRS recommendation and the
Commission's response will be made available at the NRC Web site,
http://www.nrc.gov, following transmittal of the Commission's response
to the ACRS.
* * * * *
15. In Sec. 2.1007, paragraph (a)(3) is removed and reserved and
paragraph (a)(2) is revised to read as follows:
Sec. 2.1007 Access.
(a) * * *
(2) A system to provide electronic access to the Licensing Support
Network shall be provided at the NRC Web site, http://www.nrc.gov, and/
or at the NRC Public Document Room beginning in the pre-license
application phase.
* * * * *
16. In Sec. 2.1231, paragraphs (a)(1)(ii), (a)(2), and (b) are
revised to read as follows:
Sec. 2.1231 Hearing file; prohibition on discovery.
(a) * * *
(1) * * *
(ii) Making the file available at the NRC Web site, http://
www.nrc.gov.
(2) The hearing file also must be made available for public
inspection and copying at the NRC Web site, http://www.nrc.gov, and/or
at the NRC Public Document Room.
(b) The hearing file will consist of the application and any
amendment thereto, any NRC environmental impact statement or assessment
relating to the application, and any NRC report and any correspondence
between the applicant and the NRC that is relevant to the application.
Hearing file documents already available at the NRC Web site, http://
www.nrc.gov, and/or at the NRC Public Document Room when the hearing
request is granted may be incorporated into the hearing file at 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.
* * * * *
17. In Sec. 2.1301, paragraphs (a) and (c) are revised to read as
follows:
Sec. 2.1301 Public notice of receipt of a license transfer
application.
(a) The Commission will notice the receipt of each application for
direct or indirect transfer of a specific NRC license by placing a copy
of the application at the NRC Web site, http://www.nrc.gov.
* * * * *
(c) Periodic lists of applications received may be obtained upon
request addressed to the NRC Public Document Room, US Nuclear
Regulatory Commission, Washington, DC 20555-0001.
18. In Sec. 2.1303, the section heading and the introductory text
are revised to read as follows:
Sec. 2.1303 Availability of documents.
Unless exempt from disclosure under part 9 of this chapter, the
following documents pertaining to each application for a license
transfer requiring Commission approval will be placed at the NRC Web
site, http://www.nrc.gov, when available:
* * * * *
19. In Sec. 2.1306, paragraph (c)(2) is revised to read as follows:
Sec. 2.1306 Hearing request or intervention petition.
* * * * *
(c) * * *
(2) 45 days after notice of receipt is placed at the NRC Web site,
http://www.nrc.gov, for all other applications; or
* * * * *
20. In Sec. 2.1330, paragraph (b) is revised to read as follows:
Sec. 2.1330 Reporter and transcript for an oral hearing.
* * * * *
(b) Except for any portions that must be protected from disclosure
in accordance with law and policy as reflected in 10 CFR 2.790,
transcripts will be placed at the NRC Web site, http://www.nrc.gov, and
copies may be purchased from the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
* * * * *
PART 7--ADVISORY COMMITTEES
21. The authority 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.).
22. In Sec. 7.10, paragraph (b)(6) is revised to read as follows:
Sec. 7.10 The NRC Advisory Committee Management Officer.
* * * * *
(b) * * *
(6) Ensure that, subject to the Freedom of Information Act and
NRC's
[[Page 48950]]
Freedom of Information Act regulations at 10 CFR part 9, subpart A,
copies of the records, reports, transcript minutes, appendices, working
papers, drafts, studies, agenda, or other documents that were made
available to or prepared for or by each NRC advisory committee are
available for public inspection and copying at the NRC Web site http://
www.nrc.gov, and/or at the NRC Public Document Room, until the advisory
committee ceases to exist.
* * * * *
23. In Sec. 7.11, paragraph (d)(5) is revised to read as follows:
Sec. 7.11 The Designated Federal Officer.
* * * * *
(d) * * *
(5) Make copies of committee documents required to be maintained
for public inspection and copying pursuant to Sec. 7.14(b) available at
the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document
Room.
24. Section 7.14 is revised to read as follows:
Sec. 7.14 Public information on advisory committees.
(a) The Nuclear Regulatory Commission shall maintain systematic
information on the nature, 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 Sec. 7.17(a)
will be maintained for public inspection at either the NRC Web site,
http://www.nrc.gov; 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 at 10 CFR
part 9, subpart A, copies of NRC advisory committees' records, reports,
transcripts, minutes, appendices, working papers, drafts, studies,
agenda, and other documents shall be maintained for public inspection
and copying at the NRC Web site, http://www.nrc.gov; and/or at the NRC
Public Document Room.
25. In Sec. 7.17, paragraphs (a) and (b) are revised to read as
follows:
Sec. 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 on a fiscal year basis. The report must contain information
regarding NRC advisory committees required by Section 6(c) of the Act
for the President's annual report to the Congress and be consistent
with instructions provided by the GSA Secretariat. A copy of the report
is made available at the NRC Web site, http://www.nrc.gov, and/or at
the NRC Public Document Room.
(b) Any NRC advisory committee holding closed meetings shall issue
a report, at least annually, setting forth a summary of its activities
consistent with the policy of the Government in the Sunshine Act (5
U.S.C. 552b), as implemented by 10 CFR 9.104. A copy of the report is
made available at the NRC Web site, http://www.nrc.gov, and/or at the
NRC Public Document Room.
* * * * *
PART 9--PUBLIC RECORDS
26. The authority citation for Part 9 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).
Subpart A is also issued under 5 U.S.C. 552; 31 U.S.C. 9701;
Pub. L. 99-570. Subpart B is also issued under 5 U.S.C. 552a.
Subpart C is also issued under 5 U.S.C. 552b.
27. Section 9.21 is revised to read as follows:
Sec. 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 activities described
in paragraph (c) of this section are also made available at the NRC Web
site, http://www.nrc.gov, and/or at the NRC Public Document Room
located at 2120 L Street, NW., Washington, DC, open between 7:45 am and
4:15 pm on Monday through Friday, except 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;
(3) Nuclear Regulatory Commission rules and regulations;
(4) Nuclear Regulatory Commission Manuals and instructions to NRC
personnel that affect any member of the public;
(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 general index 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 Issuances, NUREG-0750, for purchase through the
National Technical Information Service.
28. In Sec. 9.23, paragraph (a)(2) is removed and reserved and
paragraphs (a)(1), (c), (d)(2), and (e) are revised to read as follows:
Sec. 9.23 Requests for records.
(a)(1) A person may request access to records routinely made
available by the NRC under Sec. 9.21 in person or by telephone, e-mail,
fax, or US mail from the NRC Public Document Room, 2120 L Street, NW,
Washington, DC 20555-0001.
(i) Each record requested must be described in sufficient detail to
enable the NRC Public Document Room 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.
* * * * *
(c) If a requested agency record that has been reasonably described
is located at a place other than at the NRC Web site, http://
www.nrc.gov, the NRC Public Document Room, or the NRC headquarters, the
NRC may, at its discretion, make the record available for inspection
and copying at either of the locations.
(d) * * *
(2) If the requested record has been placed on the NRC Internet Web
site, under Sec. 9.21, the NRC may inform the requester that the record
is available at the NRC Web site, http://www.nrc.gov, 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 Information 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
[[Page 48951]]
records to be reviewed for initial disclosure determination and/or
identify those that have already been made publicly available at the
NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document
Room.
29. In 9.35, paragraph (e) is removed, paragraphs (a)(2), (a)(5)
and the introductory text of paragraph (b) are revised to read as
follows:
Sec. 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
$0.08 per page. Microfiche to paper is $0.10 per page on the reader
printers.
* * * * *
(5) Any change in the costs specified in this section will become
effective immediately pending completion of the final rulemaking that
amends this section to reflect the new charges. The Commission will
post the charges that will be in effect for the interim period at the
NRC Public Document Room. The Commission will publish a final rule in
the Federal Register that includes the new charges within 15 working
days from the beginning of the interim period.
(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, DC:
* * * * *
30. In Sec. 9.45 paragraph (b) is revised to read as follows:
Sec. 9.45 Annual reports to the Attorney General of the United States.
* * * * *
(b) The NRC will make a copy of the most recent report available to
the public at the NRC Web site, http://www.nrc.gov.
31. In Sec. 9.105, paragraph (b) is revised to read as follows:
Sec. 9.105 Commission procedures.
* * * * *
(b) Within one day of any vote taken pursuant to paragraph (a) of
this section, Sec. 9.106(a), or Sec. 9.108(c), the Secretary shall make
publicly available at the NRC Web site, http://www.nrc.gov, a written
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, within one day of the vote taken pursuant to paragraph (a) of
this section or Sec. 9.106(a), make publicly available at the NRC Web
site, http://www.nrc.gov, a full written explanation of its action
closing the portion together with a list of all persons expected to
attend the meeting and their affiliation.
* * * * *
32. In Sec. 9.107, paragraph (d)(1) is revised to read as follows:
Sec. 9.107 Public announcement of Commission meetings.
* * * * *
(d) * * *
(1) Publicly posting a copy of the document at the NRC Web site,
http://www.nrc.gov,; and, to the extent appropriate under the
circumstances;
* * * * *
33. In Sec. 9.108, paragraph (b) is revised to read as follows:
Sec. 9.108 Certification, transcripts, recordings and minutes.
* * * * *
(b) The Commission shall make promptly available to the public at
the NRC Web site, http://www.nrc.gov, the transcript, electronic
recording, or minutes (as required by paragraph (a) of this section) 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 section to contain information which
may be withheld under Sec. 9.104 or Sec. 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 Sec. 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 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
34. 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).
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 Q 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). Section 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 amended (42 U.S.C. 2234).
Appendix F also issued under sec. 187, 68 Stat. 955 (42 U.S.C.
2237).
35. In Sec. 50.30, paragraph (a)(5) is revised to read as follows:
Sec. 50.30 Filing of application for licenses; oath or affirmation.
(a) * * *
(5) At the time of filing an application, the Commission will make
available at the NRC Web site, http://www.nrc.gov, a copy of the
application, subsequent amendments, and other records pertinent to the
facility for public inspection and copying.
* * * * *
36. In Sec. 50.44, paragraph (c)(3)(iv)(C) is revised to read as
follows:
Sec. 50.44 Standards for combustible gas control system in light-
water-cooled power reactors.
* * * * *
(c) * * *
(3) * * *
(iv) * * *
(C) Subsubarticle NE-3220, Division 1, and Subsubarticle CC-3720,
Division 2, of Section III 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 material incorporated by reference will be published in the
Federal Register. Copies of the ASME Boiler and Pressure Vessel Code
may be purchased from the American Society of Mechanical Engineers,
United Engineering Center, 345 East 47th Street, New York, NY. 10017.
It is also available for inspection at the NRC Technical Reference
Library,
[[Page 48952]]
Two White Flint North, Room 2B9, 11545 Rockville Pike, Rockville, MD.
* * * * *
37. In Sec. 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:
Sec. 50.66 Requirements for thermal annealing of the reactor pressure
vessel.
(a) For those light water nuclear power reactors where neutron
radiation has reduced the 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 Sec. 50.4 at least three
years prior to the date at which the limiting fracture toughness
criteria in Sec. 50.61 or appendix G to part 50 would be 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 and make available the
results of its evaluation at the NRC Web site, http://www.nrc.gov. The
licensee may begin the thermal anneal after:
* * * * *
(2) The NRC makes available the results of its evaluation of the
Thermal Annealing Report at the NRC Web site, http://www.nrc.gov; and
* * * * *
(f) * * *
(2) Within 15 days after the NRC's receipt of the licensee
submissions required by paragraphs (c)(1), (c)(2) and (c)(3)(i) through
(iii) of this section, the NRC staff shall make available at the NRC
Web site, http://www.nrc.gov, a summary of its inspection of the
licensee's thermal annealing, and the Commission shall hold a public
meeting:
* * * * *
(3) Within 45 days of NRC's receipt of the licensee submissions
required by paragraphs (c)(1), (c)(2) and (c)(3)(i) through (iii) of
this section, the NRC staff shall complete full documentation of its
inspection of the licensee's annealing process and make available this
documentation at the NRC Web site, http://www.nrc.gov.
38. In Appendix O to Part 50, paragraph 5 is revised to read as
follows:
Appendix O to Part 50--Standardization of Design; Staff Review of
Standard Designs
* * * * *
5. Upon completion of their review of a submittal under this
appendix, the NRC regulatory staff shall publish in the Federal
Register a determination as to whether or not the preliminary or
final design is acceptable, subject to such conditions as may be
appropriate, and make available at the NRC Web site, http://
www.nrc.gov, 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.
* * * * *
39. In Appendix Q to Part 50, paragraph 4 is revised to read as
follows:
Appendix Q to Part 50--Pre-application Early 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 shall identify 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 an NRC Staff Site Report, the NRC staff shall publish a
notice of the availability of the report in the Federal Register and
shall make the report available at the NRC Web site, http://
www.nrc.gov. The NRC staff shall also send a 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 a municipality, to
the chief executive of the county.
* * * * *
PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC
LICENSING AND RELATED REGULATORY FUNCTIONS
40. 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, (42 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. 853-954, 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 (42 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)).
41. In Sec. 51.62, paragraph (a) is revised to read as follows:
Sec. 51.62 Environmental report--land disposal of radioactive waste
licensed under 10 CFR part 61.
(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 Sec. 51.66 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
information so incorporated are available at the NRC Web site, http://
www.nrc.gov, and/or at the NRC Public Document Room.
* * * * *
42. Section 51.120 is revised to read as follows:
Sec. 51.120 Availability of environmental documents for public
inspection.
Copies of environmental reports, draft and final environmental
impact statements, environmental assessments, and findings of no
significant impact, together with any related comments and
environmental documents, will be made available at the NRC Web site,
http://www.nrc.gov, and/or at the NRC Public Document Room.
43. In Sec. 51.123, paragraph (a) and (b) are revised to read as
follows:
Sec. 51.123 Charges for environmental documents; distribution to
public; distribution 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, DC
20555-0001, and to the extent available, single copies of draft
environmental impact statements and
[[Page 48953]]
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 Secs. 51.93(a) and
51.119(c), respectively. When more than one copy of an environmental
impact 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
Sec. 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, DC
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 tribes, 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 Sec. 9.35 of this chapter.
* * * * *
PART 52--EARLY SITE PERMITS; STANDARDS DESIGN CERTIFICATIONS; AND
COMBINED LICENSES FOR NUCLEAR POWER PLANTS
44. 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).
45. In Appendix A to Part 52, Section VI, paragraph E.1.b. is
revised to read as follows:
Appendix A to Part 52--Design Certification Rule For the U.S. Advanced
Boiling Reactor.
* * * * *
VI. Issue Resolution.
* * * * *
E. * * *
1. * * *
b. The reason why the information currently available to the
public at the NRC Web site, http://www.nrc.gov, and/or at the NRC
Public Document Room, is insufficient;
* * * * *
46. 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
* * * * *
VI. Issue Resolution
* * * * *
E. * * *
1. * * *
b. The reason why the information currently available to the
public at the NRC Web site, http://www.nrc.gov, and/or at the NRC
Public Document Room, is insufficient.
* * * * *
47. In Appendix O to Part 52, paragraph 5 is revised to read as
follows:
Appendix O to Part 52--Standardization of Design; Staff Review of
Standard Designs
* * * * *
5. Upon completion of their review of a submittal under this
appendix, the NRC regulatory staff shall publish in the Federal
Register a determination as to whether or not the preliminary or
final design is acceptable, subject to such conditions as may be
appropriate, and make available at the NRC Web site, http://
www.nrc.gov, 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.
* * * * *
48. In Appendix Q to Part 52, paragraph 4 is revised to read as
follows:
Appendix Q to Part 52--Pre-Application Early 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 shall identify 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 an NRC Staff Site Report, the
NRC staff shall publish a notice of the availability of the report
in the Federal Register and shall make available a copy of the
report at the NRC Web site, http://www.nrc.gov. The NRC staff shall
also send a 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 a municipality, to the chief executive of
the county.
* * * * *
PART 60--DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE IN GEOLOGIC
REPOSITORIES
49. 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. 102-486, sec. 2902, 106 Stat. 3123 (42 U.S.C. 5851).
50. In Sec. 60.2, the definition of Public Document Room is removed
and the new definitions of NRC Public Document Room and NRC Web site
are added to read as follows:
Sec. 60.2 Definitions.
* * * * *
NRC Public Document Room means the facility at 2120 L Street, NW.,
Washington, DC where certain public records of the NRC that were made
available for public inspection in paper or microfiche prior to the
implementation of the NRC Agencywide Documents Access and Management
System, commonly referred to as ADAMS, will remain available for public
inspection. It is also the place where computer terminals are available
to access the Electronic Reading Room component of ADAMS on the NRC Web
site, http://www.nrc.gov, where copies can be made or ordered as set
forth in Sec. 9.35 of this chapter. 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 ([email protected]), fax (202-634-
3343), or letter (NRC Public Document Room, LL-6, Washington, DC 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.
* * * * *
51. In Sec. 60.18, paragraph (f) is revised to read as follows:
Sec. 60.18 Review of site characterization activities.
* * * * *
[[Page 48954]]
(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 available at the NRC Web site, http://www.nrc.gov,
and copies of any comments received will also be made available there.
* * * * *
52. In Sec. 60.61, paragraph (d) is revised to read as follows:
Sec. 60.61 Provision of information.
* * * * *
(d) Copies of all communications by the Director under this section
are available at the NRC Web site, http://www.nrc.gov, and/or at the
NRC Public Document Room, and copies are furnished to DOE.
53. In Sec. 60.63, paragraphs (b) and (f) are revised to read as
follows:
Sec. 60.63 Participation in license reviews.
* * * * *
(b) In addition, whenever an area has been approved by the
President for site characterization, a State or an affected Indian
Tribe may submit to the Director 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 must
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.
* * * * *
(f) Proposals submitted under this section, and responses thereto,
shall be made available at the NRC Web site, http://www.nrc.gov, and/or
at the NRC Public Document Room.
PART 62--CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-
FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES
54. 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).
55. In Sec. 62.11, paragraph (b) is revised to read as follows:
Sec. 62.11 Filing and distribution of a determination request.
* * * * *
(b) Upon receipt of a request for a determination, the Secretary of
the Commission shall publish a notice acknowledging receipt of the
request in the Federal Register. The notice must require that public
comment on the request be submitted within 10 days of the publication
date of the notice. A copy of the request will be made available for
inspection or copying at the NRC Web site, http://www.nrc.gov, and/or
at the NRC Public Document Room. The Secretary of the Commission shall
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 regional low-level radioactive waste
disposal facilities, and to the Governors of the States in the Compact
Commissions with operating disposal facilities.
* * * * *
56. In Sec. 62.22, paragraph (c) is revised to read as follows:
Sec. 62.22 Notice of issuance of a determination
* * * * *
(c) The Secretary of the Commission shall make a copy of the final
determination available for inspection at the NRC Web site, http://
www.nrc.gov.
PART 72 --LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE
57. 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, 68 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, 2099, 2111, 2201, 2232, 2233,
2234, 2236, 2237, 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).
58. In Sec. 72.200, paragraph (c) is revised to read as follows:
Sec. 72.200 Provision of MRS information.
* * * * *
(c) Copies of all communications by the Director or the Director's
designee under this section must be made available at the NRC Web site,
http://www.nrc.gov, and/or at the NRC Public Document Room, and must be
furnished to DOE.
PART 75--SAFEGUARDS ON NUCLEAR MATERIAL--IMPLEMENTATION OF US/IAEA
AGREEMENT
59. The authority citation for Part 75 continues to read as
follows:
Authority: 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).
Section 75.4 also issued under secs. 135, 141, Pub. L. 97-425,
96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
60. In Sec. 75.2, paragraph (b) is revised to read as follows:
Sec. 75.2 Scope.
* * * * *
(b) The United States eligible list is a list of installations
eligible for IAEA safeguards under the US/IAEA Safeguards Agreement
which the Secretary of State or his designee files with the Commission.
A copy of this list is available for inspection at the NRC Web site,
http://www.nrc.gov, and/or at the NRC Public Document Room. In
accordance with the provisions of the Agreement, the following
activities are excluded from the United States eligible list:
(1) Activities having direct national security significance.
(2) Activities involving mining and ore processing.
[[Page 48955]]
PART 76--CERTIFICATION OF GASEOUS DIFFUSION PLANTS
61. 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. 76.22 is also issued under sec. 193(f),
as amended, 104 Stat. 2835, as amended by Pub. L. 104-134, 110 Stat.
1321, 1321-349 (42 U.S.C. 2243(f)). Sec. 76.35(j) also issued under
sec. 122, 68 Stat. 939 (42 U.S.C. 2152).
62. In Sec. 76.37, paragraph (a) is revised to read as follows:
Sec. 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 Information,
Safeguards Information, Proprietary Data, or other withholdable
information will be made available for the public inspection at the NRC
Web site, http://www.nrc.gov;
* * * * *
PART 100--REACTOR SITE CRITERIA
63. The authority citation for Part 100 continues to read as
follows:
Authority: Secs. 103, 104, 161, 182, 68 Stat. 936, 937, 948,
953, as amended (42 U.S.C. 2133, 2134, 2201, 2232); secs. 201, as
amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841,
5842).
64. In Sec. 100.11 the undesignated paragraph after the note is
removed and a new paragraph (c) is added above the note to read as
follows:
Sec. 100.11 Determination of exclusion area, low population zone, and
population center distance.
* * * * *
(c) Copies of Technical Information Document 14844 may be obtained
at the NRC Web site, http://www.nrc.gov, at the NRC Public Document
Room, 2120 L Street, NW., Washington, D.C., or by writing the Director
of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001.
PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL
65. 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, 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 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., 88 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). Section 110.51 also
issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234).
Section 110.52 also issued under sec. 186, 68 Stat. 955 (42 U.S.C.
2236). Sections 110.80-110.113 also 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).
66. In Sec. 110.2 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:
Sec. 110.2 Definitions.
* * * * *
NRC Public Document Room means the facility at 2120 L Street, NW.,
Washington, DC where certain public records of the NRC that were made
available for public inspection in paper or microfiche prior to the
implementation of the NRC Agencywide Documents Access and Management
System, commonly referred to as ADAMS, will remain available for public
inspection. It is also the place where computer terminals are available
to access the Electronic Reading Room component of ADAMS on the NRC Web
site, http://www.nrc.gov, where copies can be made or ordered as set
forth in Sec. 9.35 of this chapter. 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 ([email protected]), 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.
* * * * *
67. In Sec. 110.70, paragraph (d) is removed and paragraph (a) is
revised to read as follows:
Sec. 110.70 Public notice of receipt of application.
(a) The Commission will notice the receipt of each license
application for an export or import for which a specific license is
required by making a copy available at the NRC Web site, http://
www.nrc.gov.
* * * * *
68. Section 110.71 is revised to read as follows:
Sec. 110.71 Notice of withdrawal of an application.
The Commission will notice the withdrawal of an application by
making a copy available at the NRC Web site, http://www.nrc.gov.
69. In Sec. 110.72, the section heading and introductory text are
revised to read as follows:
Sec. 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 under this part
will be made available at the NRC Web site, http://www.nrc.gov, and/or
at the NRC Public Document Room:
* * * * *
70. In Sec. 110.112, paragraph (b) is revised to read as follows:
Sec. 110.112 Reporter and transcript for an oral hearing.
* * * * *
(b) Except for any classified portions, transcripts will be made
available at the NRC Web site, http://www.nrc.gov, and/or at the NRC
Public Document Room.
* * * * *
71. In Sec. 110.113, paragraph (c) is revised to read as follows:
Sec. 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 informed and, if not classified or otherwise privileged, the
information will be made available at the NRC Web site, http://
www.nrc.gov, and furnished to the participants.
* * * * *
Dated at Rockville, Maryland, this 24th day of August, 1999.
[[Page 48956]]
For the Nuclear Regulatory Commission.
Stuart Reiter,
Acting Chief Information Officer.
[FR Doc. 99-23160 Filed 9-8-99; 8:45 am]
BILLING CODE 7590-01-P
