[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31771]
[Federal Register: December 28, 1994]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 20, 30, 40, 61, 70, and 72
RIN 3150-AF17
Termination or Transfer of Licensed Activities: Recordkeeping
Requirements
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend
its regulations pertaining to the disposition of certain records when a
licensee terminates licensed activities or licensed activities are
transferred to another licensee. The proposed rule would require a
licensee to transfer records pertaining to decommissioning the facility
effectively, and records pertaining to public dose and waste disposal,
to the new licensee if licensed activities will continue at the same
location, or require the licensee to forward records pertaining to
public dose and waste disposals to the NRC before the license is
terminated.
DATES: Submit comments by March 28, 1995. Comments received after this
date will be considered if it is practical to do so, but the Commission
is able to assure consideration only for comments received on or before
this date.
ADDRESSES: Send comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Docketing and Service
Branch. Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland, between 7:45 a.m. and 4:15 p.m. Federal workdays.
Documents related to this rulemaking may be examined at the NRC
Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC.
Many of these documents may also be viewed and downloaded
electronically via the Electronic Bulletin Board established by NRC for
this rulemaking.
Single copies of the proposed rule, 10 CFR Parts 20, 30, 40, 61,
70, and 72, Termination or Transfer of Licensed Activities:
Recordkeeping Requirements may be obtained by written request or
telefax (301-504-2260) from: Distribution Services, Printing and Mail
Services Branch, Office of Administration, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
The NRC requests public comment on the proposed rule, 10 CFR Parts
20, 30, 40, 61, 70, and 72, Termination or Transfer of Licensed
Activities: Recordkeeping Requirements. Comments may be submitted to:
Chief, Rules Review and Directives Branch, Division of Freedom of
Information and Publication Services, Mail Stop T-6D59, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001. Hand deliver comments
to 11555 Rockville Pike, Maryland between 7:45 a.m. and 4:15 p.m. on
Federal workdays. Comments on the proposed rule, 10 CFR Parts 20, 30,
40, 61, 70, and 72, Termination or Transfer of Licensed Activities:
Recordkeeping Requirements may be submitted electronically as indicated
below.
Comments may be submitted electronically, in either ASCII text or
Wordperfect format (version 5.1 or later), by calling the NRC
Electronic Bulletin Board on FedWorld. The bulletin board may be
accessed using a personal computer, a modem, and one of the commonly
available communications software packages, or directly via Internet.
Background documents on the rulemaking are also available for
downloading and viewing on the bulletin board.
If using a personal computer and modem, the NRC subsystem on
FedWorld can be accessed directly by dialing the toll free number: 1-
800-303-9672. Communication software parameters should be set as
follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1).
Use ANSI or VT-100 terminal emulation. The NRC rulemaking subsystems
can then be accessed by selecting the ``Rules Menu'' option from the
``NRC Main Menu.'' For further information about options available for
NRC at FedWorld consult the ``Help/Information Center'' from the ``NRC
Main Menu.'' Users will find the ``FedWorld Online User's Guides''
particularly helpful. Many NRC subsystems and databases also have a
``Help/Information Center'' option that is tailored to the particular
subsystem.
The NRC subsystem on FedWorld can also be accessed by a direct dial
phone number for the main FedWorld BBS: 703-321-8020; Telnet via
Internet: fedworld.gov (192.239.92.3); File Transfer Protocol (FTP) via
Internet: ftp.fedworld.gov (192.239.92.205); and World Wide Web using
the ``Home Page'': www.fedworld.gov (this is the Uniform Resource
Locator (URL)).
If using a method other than the NRC's toll free number to contact
FedWorld, then the NRC subsystem will be accessed from the main
FedWorld menu by selecting ``F--Regulatory, Government Administration
and State Systems'' or by entering the command ``/go nrc'' at a
FedWorld command line. At the next menu select ``A--Regulatory
Information Mall,'' and then select ``A--U.S. Nuclear Regulatory
Commission'' at the next menu. If you access NRC from FedWorld's
``Regulatory, Government Administration'' menu, then you may return to
FedWorld by selecting the ``Return to FedWorld'' option from the ``NRC
Main Menu.'' However, if you access NRC at FedWorld by using NRC's
toll-free number, then you will have full access to all NRC systems,
but you will not have access to the main FedWorld system. For more
information on NRC bulletin boards call Mr. Arthur Davis, Systems
Integration and Development Branch, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone (301) 415-5780; e-mail
AXD3@nrc.gov.
FOR FURTHER INFORMATION CONTACT: Mary L. Thomas, Office of Nuclear
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington DC
20555-0001, telephone (301) 415-6230, e-mail [email protected]
SUPPLEMENTARY INFORMATION:
I. Background
After evaluating an incident where some offsite contamination was
found, the NRC identified a deficiency in the current recordkeeping
requirements. The NRC was unable to determine how much radioactive
material was released to a sanitary sewerage system because records of
previous releases by the original holder of the license were not
available. Furthermore, when a licensee requests to transfer, assign,
or in any other manner terminate a license, and another person
continues licensed activities at the same site, there are no provisions
in the regulations requiring the original licensee to transfer records
that might be needed by the new licensee. Such records might be
necessary to evaluate offsite consequences from the previous licensee's
activities or to decommission the facility effectively. In addition,
the existing regulations are unclear regarding final disposition of
these records when licensed activities have ceased and the license is
terminated.
II. Discussion of Proposed Rule Changes
The existing regulations do not provide for the transfer of records
to the new licensee when a licensee transfers, assigns, or terminates a
license and another person continues licensed activities at the same
location under a new or amended license. The proposed rule change would
provide for such a transfer for those records that may be needed to
evaluate offsite consequences of the previous licensee's activities or
to decommission the facility effectively. The proposed amendments would
also require that the NRC be provided with the information needed to
assess possible risks associated with licensed activities once a
licensee has terminated its license. These proposed amendments contain
requirements that are intended to ensure that the applicable records
will be available when needed.
Paragraphs 20.2107(b) and 20.2108(b) are being amended to state
that there are additional requirements for disposition of the records
required by 10 CFR Parts 30, 40, 61, 70, and 72. Paragraphs 30.35(g),
40.36(f), 70.25(g), and 72.30(d) specify records that the Commission
considers important to decommissioning. The NRC is proposing to amend
the aforementioned paragraphs to require the transfer of all
decommissioning records required by these sections to the new licensee.
A new paragraph is proposed for Secs. 30.51, 40.61, 70.51 and 72.80 to
clarify that other records, such as public dose, retained under
Sec. 20.2107; and waste disposals, retained under the current
Sec. 20.2108 and previously retained under former Sec. 20.401(c)(3);
must also be transferred to the new licensee and that these records are
to be forwarded to the Commission when all licensed activities cease
and the license is terminated. Also, new paragraphs are proposed for
Secs. 61.30(a)(3) and 61.31(c)(1) to clarify that records required by
Secs. 61.80 (e) and (f) be transferred to the disposal site owner or to
the party responsible for institutional control of the disposal site,
respectively. To lessen the burden on licensees, the proposed rule
would permit these records to be submitted electronically in accordance
with guidance that will be issued by the NRC. Until such guidance is
issued, licensees should contact NRC's Office of Information Resources
Management for interim guidance prior to submittal of any records in
electronic form. Finally, a new paragraph is proposed for Secs. 30.36,
40.42, 70.38, and 72.54 to state that a license will not be terminated
until the NRC receives the records required by proposed Secs. 30.35(g),
30.51, 40.36(f), 40.61, 70.25(g), 70.51, 72.30(d), and 72.80.
When records are transferred from one licensee to another for the
instance where licensed activities will continue at the same location
under a new or amended license, the new licensee will be responsible
for maintaining these records until the license is terminated. It is
expected that very few licensees will fall into this category. The
estimated burden per licensee is expected to be low and is discussed in
the draft Regulatory Analysis.
In selecting records to include in this rulemaking, the NRC focused
attention on information that would be needed by licensees and the NRC
to evaluate offsite consequences from a previous licensee's operation
or to effectively conduct decommissioning. There may be other records
in addition to those identified above that would be needed by the new
licensee to operate safely. The Commission is interested in comments
identifying such records.
III. Agreement State Compatibility
The proposed rule will be a matter of compatibility between the NRC
and the Agreement States, thereby providing consistency between Federal
and State safety requirements. The NRC is proposing that a Division 2
level of compatibility be assigned to allow the Agreement State
regulators the flexibility to adopt similar or more stringent
requirements based on their radiation protection experience,
professional judgments, and community values.
IV. Finding of No Significant Environmental Impact: Availability
The NRC has determined that this proposed regulation is the type of
action described in categorical exclusion 10 CFR 51.22(c)(3)(ii),
recordkeeping requirements. Therefore, neither an environmental impact
statement nor an environmental assessment has been prepared for this
proposed regulation.
The proposed action would require that records pertaining to waste
disposals, public doses, and decommissioning be transferred to the new
licensee whenever licensed activities will continue at the site, and
that certain records be forwarded to the NRC at the end of licensed
activities at the facility. The proposed action is directed to
improving the regulatory, licensing, inspection, and enforcement
framework relating to these facilities where licensed activities will
continue and to ensure that adequate information on the facility is
retained after license termination.
V. Paperwork Reduction Act Statement
This proposed rule amends information collection requirements that
are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et
seq.). This rule has been submitted to the Office of Management and
Budget for review and approval of the paperwork requirements.
The public reporting burden for this collection of information is
estimated to average 4 hours per response, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to the Information and Records
Management Branch (T-6F33), U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; and to the Desk Officer, Office of
Information and Regulatory Affairs, NEOB-10202 (3150-0014, 3150-0017,
3150-0020, 3150-0009, and 3150-0132, 3150-0135), Office of Management
and Budget, Washington, DC 20503.
VI. Regulatory Analysis
The NRC has prepared a draft regulatory analysis on this proposed
regulation. The analysis examines the costs and benefits of the
alternatives considered by the NRC. The draft regulatory analysis is
available for inspection at the NRC Public Document Room, 2120 L Street
NW. (Lower Level), Washington, DC. Single copies of the draft analysis
may be obtained from Mary L. Thomas, Office of Nuclear Regulatory
Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone: (301) 415-6230.
The NRC requests public comment on the draft regulatory analysis.
Comments on the draft analysis may be submitted to the NRC as indicated
under the ADDRESSES heading.
VII. Regulatory Flexibility Certification
In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C.
605(b)), the Commission certifies that this rule will not, if
promulgated, have a significant economic impact on a substantial number
of small entities. The proposed rule would impose requirements on
licensees who are terminating activities at their facility and the
license would be transferred to a new licensee. These changes would
require the transfer of records pertaining to waste disposals, public
doses, and decommissioning to the new licensee. In addition, the
proposed rule would require forwarding records to the NRC pertaining to
waste disposals and public doses at license termination. Although the
proposed rule would include all 24,000 licensees regulated by the NRC
and the Agreement States, no new information would be collected. All of
these records are already required to be maintained until the license
is terminated by the Commission. These records would be needed to
provide sufficient information to a new licensee to evaluate offsite
consequences from previous licensee activities and to decommission the
site effectively.
VIII. Backfit Analysis
The NRC has determined that the backfit rule, 10 CFR 50.109, does
not apply to this proposed rule and, therefore, that a backfit analysis
is not required for this proposed rule because these amendments do not
involve any provisions which would impose backfits as defined in 10 CFR
50.109(a)(1).
List of Subjects
10 CFR Part 20
Byproduct material, Licensed material, Nuclear materials, Nuclear
power plants and reactors, Occupational safety and health, Packaging
and containers, Penalty, Radiation protection, Reporting and
recordkeeping requirements, Special nuclear material, Source material,
Waste treatment and disposal.
10 CFR Part 30
Byproduct material, Criminal penalties, Government contracts,
Intergovernmental relations, Isotopes, Nuclear materials, Radiation
protection, Reporting and recordkeeping requirements.
10 CFR Part 40
Criminal penalties, Government contracts, Hazardous materials--
transportation, Nuclear materials, Reporting and recordkeeping
requirements, Source material, and Uranium.
10 CFR Part 61
Low-level waste, Nuclear materials, Penalty, Reporting and
recordkeeping requirements, Waste treatment and disposal.
10 CFR Part 70
Criminal penalties, Hazardous materials--transportation, Material
control and accounting, Nuclear materials, Packaging and containers,
Radiation protection, Reporting and recordkeeping requirements,
Scientific equipment, Security measures, Special nuclear material.
10 CFR Part 72
Independent storage of spent fuel and high level waste, Manpower
training programs, Nuclear materials, Occupational safety and health,
Reporting and recordkeeping requirements, Security measures, and Spent
fuel.
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. 553, the NRC is proposing to
adopt the following amendments to 10 CFR Parts 20, 30, 40, 61, 70, and
72.
PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION
1. The authority citation for Part 20 continues to read as follows:
Authority: Secs. 53, 63, 65, 81, 103, 104, 161, 182, 186, 68
Stat. 930, 933, 935, 936, 937, 948, 953, 955, as amended (U.S.C.
2073, 2093, 2095, 2111, 2133, 2134, 2201, 2232, 2236), secs. 201, as
amended 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.
5841, 5842, 5846).
2. In Sec. 20.2107, paragraph (b) is revised to read as follows:
Sec. 20.2107 Records of dose to individual members of the public.
* * * * *
(b) The licensee shall retain the records required by paragraph (a)
of this section until the Commission terminates each pertinent license
requiring the record. Additional requirements for disposition of these
records are specified in Secs. 30.51, 40.61, 61.80, 70.51, and 72.80
for activities licensed under 10 CFR parts 30, 40, 61, 70 and 72.
2. In Sec. 20.2108, paragraph (b) is revised to read as follows:
Sec. 20.2108 Records of waste disposal.
* * * * *
(b) The licensee shall retain the records required by paragraph (a)
of this section until the Commission terminates each pertinent license
requiring the record. Additional requirements for disposition of these
records are specified in Secs. 30.51, 40.61, 61.80, 70.51, and 72.80
for activities licensed under 10 CFR parts 30, 40, 61, 70 and 72.
PART 30--RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF
BYPRODUCT MATERIAL
1. The authority citation for Part 30 continues to read as follows:
Authority: Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948,
953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42
U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201, as
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.
5841, 5842, 5846).
Section 30.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123, (42
U.S.C. 5851). Section 30.34(b) also issued under sec. 184, 68 Stat.
954, as amended (42 U.S.C. 2234). Section 30.61 also issued under
sec. 187, 68 Stat. 955 (42 U.S.C. 2237).
2. In Sec. 30.35, the introductory text of paragraph (g) is revised
to read as follows:
Sec. 30.35 Financial assurance and recordkeeping for decommissioning.
* * * * *
(g) Each person licensed under this part or parts 32 through 36,
and 39 of this chapter shall keep records of information important to
the decommissioning of a facility in an identified location until the
site is released for unrestricted use. Before licensed activities are
transferred or assigned in accordance with Sec. 30.34(b), the licensee
shall transfer all records described in this paragraph to the new
licensee. In this case, the new licensee will be responsible for
maintaining these records until the license is terminated. If records
of relevant information are kept for other purposes, reference to these
records and their locations may be used. Information the Commission
considers important to decommissioning consists of--
* * * * *
3. In Sec. 30.36, paragraph (j)(4) is added to read as follows:
Sec. 30.36 Expiration and termination of licenses and decommissioning
of sites and separate buildings or outdoor areas.
* * * * *
(j) * * *
(4) Records required by Secs. 30.35(g) and 30.51(d) have been
received.
4. In Sec. 30.51, paragraph (d) is added to read as follows:
Sec. 30.51 Records.
* * * * *
(d) The licensee shall retain each record that is required by the
regulations in Secs. 20.2107 and 20.2108 until the Commission
terminates each pertinent license requiring the record. This includes
records retained under the Standards for Protection Against Radiation
in effect prior to January 1, 1994.1
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\1\See Sec. 20.401(c)(3) continued in the 10 CFR, parts 0 to 50,
edition revised as of January 1, 1993.
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(1) Before license termination, the licensee shall transfer all
records described in this paragraph to the appropriate NRC regional
office. To submit records in electronic format, contact the NRC's
Office of Information Resources Management.
(2) If licensed activities are transferred or assigned in
accordance with Sec. 30.34(b), the licensee shall transfer all records
described in this paragraph to the new licensee. In this case, the new
licensee will be responsible for maintaining these records until the
license is terminated.
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL
5. The authority citation for Part 40 continues to read as follows:
Authority: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68
Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs. 11e(2),
83, 84, Pub. L. 95-604, 92 Stat. 3033, as amended, 3039, sec. 234,
83 Stat. 444, as amended (42 U.S.C. 2014(e)(2), 2092, 2093, 2094,
2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); sec. 274,
Pub. L. 86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.
5841, 5842, 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L.
97-415, 96 Stat. 2067 (42 U.S.C. 2022).
Section 40.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42
U.S.C. 5851). Section 40.31(g) also issued under sec. 122, 68 Stat.
939 (42 U.S.C. 2152). Section 40.46 also issued under sec. 184, 68
Stat. 954, as amended (42 U.S.C. 2234). Section 40.71 also issued
under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).
6. In Sec. 40.36, the introductory text of paragraph (f) is revised
to read as follows:
Sec. 40.36 Financial assurance and recordkeeping for decommissioning.
* * * * *
(f) Each person licensed under this part shall keep records of
information important to the decommissioning of a facility in an
identified location until the site is released for unrestricted use.
Before licensed activities are transferred or assigned in accordance
with Sec. 40.41(b), the licensee shall transfer all records described
in this paragraph to the new licensee. In this case, the new licensee
will be responsible for maintaining these records until the license is
terminated. If records of relevant information are kept for other
purposes, reference to these records and their locations may be used.
Information the Commission considers important to decommissioning
consists of--
* * * * *
7. In Sec. 40.42, paragraph (j)(4) is added to read as follows:
Sec. 40.42 Expiration and termination of licenses and decommissioning
of sites and separate buildings or outdoor areas.
* * * * *
(j) * * *
(4) Records required by Secs. 40.36(f) and 40.61(d) have been
received.
* * * * *
8. In Sec. 40.61, paragraph (d) is added to read as follows:
Sec. 40.61 Records.
* * * * *
(d) The licensee shall retain each record that is required by the
regulations in Secs. 20.2107 and 20.2108 until the Commission
terminates each pertinent license requiring the record. This includes
records retained under the Standards for Protection Against Radiation
in effect prior to January 1, 1994.1
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\1\See Sec. 20.401(c)(3) contained in the 10 CFR, parts 0 to 50,
edition revised as of January 1, 1993.
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(1) Before license termination, the licensee shall transfer all
records described in this paragraph to the appropriate NRC regional
office. To submit records in electronic format contact the NRC's Office
of Information Resources Management.
(2) If licensed activities are transferred or assigned in
accordance with Sec. 40.41(b), the licensee shall transfer all records
described in this paragraph to the new licensee. In this case, the new
licensee will be responsible for maintaining these records until the
license is terminated.
PART 61--LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE
WASTE
9. The authority citation for Part 61 continues to read as follows:
Authority: Secs. 53, 57, 62, 63, 65, 81, 161, 182, 183, 68 Stat.
930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2073, 2077,
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) and Pub. L. 102-486, sec.
2902, 106 Stat. 3123, (42 U.S.C. 5851).
10. In Sec. 61.30, paragraph (a)(3) is revised to read as follows:
Sec. 61.30 Transfer of license.
(a) * * *
(3) That any funds for care and records required by Secs. 61.80(e)
and (f) be transferred to the disposal site owner;
11. In Sec. 61.31, paragraph (c)(3) is added to read as follows:
Sec. 61.31 Termination of license.
* * * * *
(c) * * *
(3) That the records required by Secs. 61.80(e) and (f) be
transferred to the party responsible for institutional control of the
disposal site and a copy be sent to the Commission immediately prior to
license termination.
12. In Sec. 61.80, paragraph (f) is revised to read as follows:
Sec. 61.80 Maintenance of records, reports, and transfers.
* * * * *
(f) Following receipt and acceptance of a shipment of radioactive
waste, the licensee shall record the date of disposal of the waste, the
location in the disposal site, the condition of the waste packages as
received, any discrepancies between materials listed on the manifest
and those received, and any evidence of leaking or damaged packages or
radiation and contamination levels in excess of limits specified in
Department of Transportation and Commission regulations. The licensee
shall briefly describe any repackaging operations of any of the waste
packages included in the shipment, plus any other information required
by the Commission as a license condition. The licensee shall retain
each record that is required by the regulations in Secs. 20.2107 and
20.2108 until the Commission terminates each pertinent license
requiring the record. This includes records retained under the
Standards for Protection Against Radiation in effect prior to January
1, 1994.1
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\1\See Sec. 20.401(c)(3) contained in the 10 CFR, parts 0 to 50,
edition revised as of January 1, 1993.
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* * * * *
PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
13. The authority citation for Part 70 continues to read as
follows:
Authority: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948,
953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C.
2071, 2073, 2201, 2232, 2233, 2282); secs. 201, as amended, 202,
204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42 U.S.C.
5841, 5842, 5845, 5846).
Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141,
Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
Section 70.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951 as amended by Pub. L. 102-486 sec. 2902, 106 Stat. 3123 (42
U.S.C. 5851). Section 70.21(g) also issued under sec. 122, 68 Stat.
939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 57d, Pub.
L. 93-377, 88 Stat. 475 (42 U.S.C. 2077). Sections 70.36 and 70.44
also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C.
2234). Section 70.61 also issued under secs. 186, 187, 68 Stat. 955
(42 U.S.C. 2236, 2237). Section 70.62 also issued under sec. 108, 68
Stat. 939, as amended (42 U.S.C. 2138).
14. In Sec. 70.25, the introductory text of paragraph (g) is
revised to read as follows:
Sec. 70.25 Financial assurance and recordkeeping for decommissioning.
* * * * *
(g) Each person licensed under this part shall keep records of
information important to the decommissioning of a facility in an
identified location until the site is released for unrestricted use.
Before licensed activities are transferred or assigned in accordance
with Sec. 70.32(a)(3), the licensee shall transfer all records
described in this paragraph to the new licensee. In this case, the new
licensee will be responsible for maintaining these records until the
license is terminated. If records of relevant information are kept for
other purposes, reference to these records and their locations may be
used. Information the Commission considers important to decommissioning
consists of--
* * * * *
15. In Sec. 70.38, paragraph (j)(4) is added to read as follows:
Sec. 70.38 Expiration and termination of licenses and decommissioning
of sites and separate buildings or outdoor areas.
* * * * *
(j) * * *
(4) Records required by Secs. 70.25(f) and 70.51(b)(6) have been
received.
16. In Sec. 70.51, paragraph (b)(6) is revised to read as follows:
Sec. 70.51 Material balance, inventory, and records requirements.
* * * * *
(b) * * *
(6) The licensee shall retain each record that is required by the
regulations in Sec. 20.2107 and Sec. 20.2108 until the Commission
terminates each pertinent license requiring the record. This includes
records retained under the Standards for Protection Against
Radiation.1
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\1\ See Sec. 20.401(c)(3) contained in the 10 CFR, parts 0 to
50, edition revised as of January 1, 1993.
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(i) Before license termination, the licensee shall transfer all
records described in this paragraph to the appropriate NRC regional
office. To submit records in electronic format contact the NRC's Office
of Information Resources.
(ii) If licensed activities are transferred or assigned in
accordance with Sec. 70.32(a)(3), the licensee shall transfer all
records described in this paragraph to the new licensee. In this case,
the new licensee will be responsible for maintaining these records
until the license is terminated.
* * * * *
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE
17. 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. 2902, 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).
Section 72.44(g) also issued under secs. 142(b) and 148(c), (d),
Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (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. 97-425, 96 Stat. 2230 (42
U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub.
L. 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, 2244, (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).
18. In Sec. 72.30, the introductory text of paragraph (d) is
revised to read as follows:
Sec. 72.30 Financial assurance and recordkeeping for decommissioning.
* * * * *
(d) Each person licensed under this part shall keep records of
information important to the decommissioning of a facility in an
identified location until the site is released for unrestricted use.
Before licensed activities are transferred or assigned in accordance
with Sec. 72.44(b)(1), the licensee shall transfer all records
described in this paragraph to the new licensee. In this case, the new
licensee will be responsible for maintaining these records until the
license is terminated. If records of relevant information are kept for
other purposes, reference to these records and their locations may be
used. Information the Commission considers important to decommissioning
consists of--
* * * * *
19. In Sec. 72.54, paragraph (l)(3) is added to read as follows:
Sec. 72.54 Expiration and termination of licenses and decommissioning
of sites and separate buildings or outdoor areas.
* * * * *
(l) * * *
(3) Records required by Secs. 72.30(d) and 72.80(e) have been
received.
20. In Sec. 72.80, paragraph (e) is added to read as follows:
Sec. 72.80 Other records and reports.
* * * * *
(e) The licensee shall retain each record that is required by the
regulations in Secs. 20.2107 and 20.2108 until the Commission
terminates each pertinent license requiring the record. This includes
records retained under the Standards for Protection Against Radiation
in effect prior to January 1, 1994.1
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\1\ See Sec. 20.401(c)(3) codified as of January 1, 1993.
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(1) Before license termination, the licensee shall transfer all
records described in this paragraph to the appropriate NRC regional
office. To submit records in electronic format contact the NRC's Office
of Information Resources Management.
(2) If licensed activities are transferred or assigned in
accordance with Sec. 72.44(b)(1), the licensee shall transfer all
records described in this paragraph to the new licensee. In this case,
the new licensee will be responsible for maintaining these records
until the license is terminated.
Dated at Rockville, Maryland, this 12th day of December, 1994.
For the Nuclear Regulatory Commission.
James L. Milhoan,
Acting Executive Director for Operations.
[FR Doc. 94-31771 Filed 12-27-94; 8:45 am]
BILLING CODE 7590-01-P
