[Federal Register Volume 60, Number 12 (Thursday, January 19, 1995)]
[Rules and Regulations]
[Pages 3735-3737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1270]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 32
RIN 3150-AF26
Requirement to Report Transfers of Devices to Generally Licensed
Persons
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations governing the reporting of transfers of devices to
generally licensed persons. The amendments relieve initial distributors
of the devices from their requirement to provide copies of the transfer
reports to each appropriate NRC Regional Office. Because the reports
are already sent to NRC Headquarters, it is not necessary for each
Regional office to receive copies. These amendments would reduce the
administrative burden on the initial distributors.
[[Page 3736]]
EFFECTIVE DATE: December 31, 1994.
FOR FURTHER INFORMATION CONTACT:
John W. Lubinski, Office of Nuclear Material Safety and Safeguards,
U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone
(301) 415-7868.
SUPPLEMENTARY INFORMATION:
Background
Each person licensed to initially transfer devices to persons
generally licensed under 10 CFR 31.5 or 31.7 is required, in part, to
send a report of all transfers of devices to generally licensed persons
to the Director, Office of Nuclear Material Safety and Safeguards
(NMSS), with a copy of the report to each appropriate Regional Office.
The reports are required to either be submitted on a quarterly basis in
accordance with 10 CFR 32.52 or on annual basis in accordance with 10
CFR 32.56. The general licensees are not required to report receipt of
the devices. Therefore, the reports from the distributors are the only
notification to NRC concerning who is using byproduct material under
the general license. The information is required to be submitted so
that NRC is aware of the identity of all persons using byproduct
material under a general license.
Discussion
NMSS is maintaining a computerized database at NRC Headquarters
which contains the information provided in the transfer reports
submitted in accordance with 10 CFR 32.52 and 32.56. The database
allows the NRC staff to query specific information about the general
licensees and the devices they possess and to print standard and custom
reports. Information from the database allows the NRC staff to locate
information without sifting through each report submitted by the
distributors. The information in the database is available to all NRC
personnel who request it from the database administrator.
Specific information from the reports required by 10 CFR 32.52 or
32.56 is more useful to NRC Regional staff because it is generated from
the computerized database. Therefore, it is not necessary for vendors
to provide copies of the reports to the Regional Offices. It is only
necessary for the initial distributor to continue to provide the
reports to NRC Headquarters through the Director, NMSS.
Changes in the Regulations
Paragraph (a), under 10 CFR 32.52 ``Same: Material transfer reports
and records,'' and 10 CFR 32.56 ``Same: Material transfer reports,''
require, in part, that the initial distributors of generally licensed
devices provide copies of the reports of transfer to general licensees
to each appropriate NRC Regional Office. This regulation is being
amended to remove this requirement. The distributors will only be
required to submit copies to the Director, NMSS.
These amendments are exempt from the notice and comment
requirements of section 553 of the Administrative Procedure Act (APA).
The general rulemaking provision of the APA, Sec. 553(b)(A), permits an
agency to issue procedural rules without prior notice since such rules
do not alter any person's substantive rights. These amendments fall
within the exemption provided by the APA because they address the
administrative procedures used by the NRC to process reports received
pursuant to 10 CFR 32.52 and 32.56 and will not affect the public
health and safety.
Waiver of Administrative Procedure Act Requirements
Because these amendments deal with agency practice and procedure,
the notice and comment provisions of the APA do not apply pursuant to 5
U.S.C. 553(b)(A). Good cause exists to dispense with the usual 30-day
delay in the effective date because the amendments address the
administrative procedures used by the NRC to process reports received
from licensees. The change provides for a decrease in the number of
reports the distributors must submit and will not affect public health
and safety.
Compatibility of Agreement State Regulations
10 CFR 32.52 and 32.56 are currently designated Division II matters
of compatibility for Agreement State regulations. The revisions
addressed in this rule deal solely with a reduction in the
administrative burden on those licensees (initial distributors)
required to send reports to the NRC for the transfer of devices for use
by persons generally licensed under 10 CFR 31.5 or 31.7. The rule does
not affect the current compatibility designations and therefore, 10 CFR
32.52 and 32.56 continue to be designated as Division II matters of
compatibility.
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)(3)(iii). Therefore,
neither an environmental impact statement nor an environmental
assessment has been prepared for this final rule.
Paperwork Reduction Act Statement
This final rule amends the information collection requirements that
are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et
seq.). These requirements were approved by the Office of Management and
Budget, approval number 3150-0001.
The public reporting burden will be reduced as a result of this
rule change. It is estimated that the average annual reduction in
burden to each licensee distributing devices in accordance with 10 CFR
32.52 will be 1.2 hours per year. This represents a reduction in the
time needed to copy and mail reports. The average annual reduction in
burden to each licensee distributing devices in accordance with 10 CFR
32.56 will be negligible. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for further reducing this burden, to the Information and
Records Management Branch (T6F33), U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, and to the Desk Officer, Office of
Information and Regulatory Affairs, NEOB-10202, (3150-0001), Office of
Management and Budget, Washington, DC 20503.
Regulatory Analysis
The NRC has not prepared a regulatory analysis for this final
regulation since the change is only administrative in nature and
represents a reduction in burden to all affected licensees.
Backfit Analysis
The NRC has determined that the backfit rule, 10 CFR 50.109, does
not apply to this final rule and, therefore, a bckfit analysis is not
required because these amendments do not involve any provisions that
would impose backfits as defined in 10 CFR 50.109(a)(1).
List of Subjects in 10 CFR Part 32
Byproduct material, Criminal penalties, Labeling, Nuclear
materials, Radiation protection, Reporting and recordkeeping
requirements.
For the reasons set out in the preamble and under the authority of
the atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 552 and 553; the NRC is adopting
the following amendments to 10 CFR Part 32.
[[Page 3737]]
PART 32--SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER
CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL
1. The authority citation for 10 CFR Part 32 continues to read as
follows:
Authority: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954,
as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat.
1242, as amended (42 U.S.C. 5841).
2. In Sec. 32.52, paragraph (a) is revised to read as follows:
Sec. 32.52 Same: Material transfer reports and records.
* * * * *
(a) Report to the Director of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, all transfers of such devices to persons for use under the
general license in Sec. 31.5 of this chapter. Such reports must
identify each general licensee by name and address, and individual by
name and/or position who may constitute a point of contact between the
Commission and the general licensee, the type of device transferred,
and the quantity and type of byproduct material contained in the
device. If one or more intermediate persons will temporarily possess
the device at the intended place of use prior to its possession by the
user, the report must include identification of each intermediate
person by name, address, contact, and relationship to the intended
user. If no transfers have been made to persons generally licensed
under Sec. 31.5 of this chapter during the reporting period, the report
must so indicate. The report must cover each calendar quarter and must
be filed within 30 days thereafter.
* * * * *
3. Section 32.56 is revised to read as follows:
Sec. 32.56 Same: Material transfer reports.
Each person licensed under Sec. 32.53 shall file an annual report
with the Director of Nuclear Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission, Washington, D.C. 20555-0001, which must
state the total quantity of tritium or promethium-147 transferred to
persons generally licensed under Sec. 31.7 of this chapter. The report
must identify each general licensee by name, state the kinds and
numbers of luminous devices transferred, and specify the quantity of
tritium or promethium-147 in each kind of device. Each report must
cover the year ending June 30 and must be filed within thirty (30) days
thereafter.
* * * * *
Dated at Rockville, Maryland, this 5th day of January 1995.
For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 95-1270 Filed 1-18-95; 8:45 am]
BILLING CODE 7590-01-M
