Licenses, Certifications, and Approvals for Material Licensees, 43865-43876 [2010-18344]
Download as PDF
<![CDATA[
43865
Proposed Rules
Federal Register
Vol. 75, No. 143
Tuesday, July 27, 2010
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
NUCLEAR REGULATORY
COMMISSION
10 CFR Parts 30, 36, 39, 40, 51, 70, and
150
[NRC–2010–0075]
RIN 3150–AI79
Licenses, Certifications, and
Approvals for Material Licensees
Nuclear Regulatory
Commission.
ACTION: Proposed rule.
AGENCY:
The Nuclear Regulatory
Commission (NRC) is proposing to
amend its regulations by revising the
provisions applicable to the licensing
and approval processes for byproduct,
source and special nuclear material
licenses, and irradiators. The proposed
changes would clarify the definitions of
‘‘construction’’ and ‘‘commencement of
construction’’ with respect to materials
licensing actions instituted under the
NRC’s regulations. In addition, this
action also contains a correction to a
typographical error. The NRC is
undertaking this rulemaking action to
conform its regulations to the scope of
its regulatory authority under the
Atomic Energy Act of 1954, as amended
(AEA), to improve the effectiveness and
efficiency of the licensing and approval
processes for future applications, as
well as resolve certain inconsistencies
that currently exist within the NRC’s
regulations with respect to the use and
definition of the terms ‘‘construction’’ or
‘‘commencement of construction’’ for
certain materials licensees.
DATES: Submit comments by September
27, 2010. Comments received after this
date will be considered if it is practical
to do so, but the NRC is able to assure
consideration only for comments
received on or before this date.
ADDRESSES: Please include Docket ID
NRC–2010–0075 in the subject line of
your comments. For instructions on
submitting comments see Section I of
this document, for accessing documents
related to this action, see Section V in
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
SUMMARY:
VerDate Mar<15>2010
15:29 Jul 26, 2010
Jkt 220001
the SUPPLEMENTARY INFORMATION section
of this document. You may submit
comments by any one of the following
methods.
Federal Rulemaking Web Site: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
NRC–2010–0075. Address questions
about NRC dockets to Carol Gallagher,
telephone 301–492–3668; e-mail
Carol.Gallagher@nrc.gov.
Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
E-mail comments to:
Rulemaking.Comments@nrc.gov. If you
do not receive a reply e-mail confirming
that we have received your comments,
contact us directly at 301–415–1966.
Hand Deliver comments to: 11555
Rockville Pike, Rockville, Maryland
20852 between 7:30 a.m. and 4:15 p.m.
during Federal workdays (Telephone
301–415–1966).
Fax comments to: Secretary, U.S.
Nuclear Regulatory Commission at 301–
415–1101.
FOR FURTHER INFORMATION CONTACT: Ms.
Tracey Stokes, Office of the General
Counsel, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone: 301–415–1064; e-mail:
tracey.stokes@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Submitting Comments
II. Background
III. Discussion
IV. Discussion of Proposed Amendments by
Section
V. Availability of Documents
VI. Agreement State Compatibility
VII. Plain Language
VIII. Voluntary Consensus Standards
IX. Environmental Impact—Categorical
Exclusion
X. Paperwork Reduction Act Statement
XI. Regulatory Analysis
XII. Regulatory Flexibility Certification
XIII. Backfit Analysis
I. Submitting Comments
Comments submitted in writing or in
electronic form will be posted on the
NRC Web site and on the Federal
rulemaking Web site https://
www.regulations.gov. Because your
comments will not be edited to remove
any identifying or contact information,
the NRC cautions you against including
any information in your submission that
you do not want to be publicly
disclosed. The NRC requests that any
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
party soliciting or aggregating comments
received from other persons for
submission to the NRC inform those
persons that the NRC will not edit their
comments to remove any identifying or
contact information, and therefore, they
should not include any information in
their comments that they do not want
publicly disclosed.
II. Background
On December 11, 2008, following a
briefing on uranium recovery activities
by the NRC staff and representatives
from the U.S. Environmental Protection
Agency, the U.S. Department of the
Interior, Bureau of Land Management,
the Navajo Nation, Acoma Pueblo,
Wyoming Department of Environmental
Quality, New Mexico Environment
Department, Navajo Allottees, National
Mining Association, International
Forum on Sustainable Options for
Uranium Production, and the Natural
Resources Defense Council, the
Commission issued a January 8, 2009,
Staff Requirements Memorandum
(ADAMS Accession No. ML090080206)
directing staff to provide the
Commission with a proposed
rulemaking to revise 10 CFR 40.32,
‘‘General requirements for issuance of
specific licenses,’’ to determine whether
limited work authorization (LWA)
provisions are appropriate for uranium
in-situ recovery facilities.
During the briefing, a concern was
noted regarding the inability of part 40
licensees and applicants to engage in
site preparation activities (e.g., clearing
land, site grading and erosion control,
and construction of main access
roadways, non-security related
guardhouses, utilities, parking lots, or
administrative buildings not used to
process, handle or store classified
information) given the broad prohibition
against construction in § 40.32(e).
Currently, 10 CFR 40.32(e) prohibits an
applicant for a license for a uranium
enrichment facility or for a license to
possess and use source and byproduct
materials for uranium milling,
production of uranium hexafluoride, or
for any other activity requiring NRC
authorization from commencing
construction of the plant or facility in
which the activity will be conducted
before the NRC’s decision to issue the
proposed license. For the purposes of
this section, the term ‘‘commencement
of construction’’ is defined generally as
E:\FR\FM\27JYP1.SGM
27JYP1
43866
Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Proposed Rules
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
meaning any clearing of land,
excavation, or other substantial action
that would adversely affect the
environment of a site. Section 40.32(e)
clarifies that ‘‘commencement of
construction’’ is not intended to mean
site exploration, construction of roads
necessary for site exploration, borings to
determine foundation conditions, or
other pre-construction monitoring or
testing to establish background
information related to the suitability of
the site or the protection of
environmental values. Similar
prohibitions on construction exist with
respect to 10 CFR parts 30, 36, and 70.
Currently, a part 40 licensee or
applicant may only engage in site
preparation activities beyond site
exploration if the applicant or licensee
requests, and is granted, either a specific
license to conduct such activities under
part 40, or an exemption from § 40.32(e).
Although the staff indicated that
exemptions from 10 CFR 40.32(e) have
been utilized in the past to allow site
preparation activities prior to licensing,
and that appropriate exemptions
continue to be an available alternative
for applicants, the Commission noted
during the December 11, 2008, briefing
that this manner of regulation was
inappropriate for long-term resolution of
the issue. Following the briefing, the
Commission received a letter from the
Nuclear Energy Institute (NEI) dated
March 3, 2009, in which NEI expressed
its support of the Commission’s
memorandum directing staff to initiate a
rulemaking regarding 10 CFR 40.32
(ADAMS Accession No. ML090710372).
III. Discussion
On October 9, 2007 (72 FR 57416;
corrected at 73 FR 22786 (April 28,
2008)), the NRC issued a final rule
amending the regulation defining
‘‘construction’’ for utilization and
production facilities and amending the
requirements applicable to limited work
authorizations (LWAs) for nuclear
power plants (LWA rulemaking).
(ADAMS Accession Nos. ML071210205
and ML081050554). As part of that
rulemaking, the Commission revised the
scope of activities that are considered
construction for which a construction
permit, combined license, or LWA is
necessary; specified the scope of
construction activities that may be
performed under an LWA; and changed
the review and approval process for
LWA requests. The NRC’s revised
definition for ‘‘construction’’ expressly
excludes site exploration; preparation of
the site for construction of a facility
(e.g., clearing of the site, grading,
installation of drainage, erosion and
other environmental mitigation
VerDate Mar<15>2010
15:29 Jul 26, 2010
Jkt 220001
measures, and construction of
temporary roads and borrow areas);
erection of fences and other access
control measures; excavations; erection
of support buildings for use in
connection with the construction of the
facility; building of service facilities;
procurement or fabrication of
components or portions of the proposed
facility occurring at other than the final,
in-place location at the facility; as well
as some activities that are nuclear power
reactor specific. In undertaking the
LWA rulemaking (October 9, 2007; 72
FR 57416), the NRC recognized that the
AEA does not authorize the NRC to
require an applicant to obtain
permission before undertaking site
preparation activities, of the type listed
above, that do not implicate radiological
health and safety or common defense
and security considerations.
The Atomic Energy Commission
(AEC) (the NRC’s predecessor agency)
prohibited pre-licensing construction of
nuclear power plants in the agency’s
initial 1960 definition of construction
for production and utilization facilities
(25 FR 8712; September 9, 1960). On
March 21, 1972 (37 FR 5745), the AEC
expanded its definition of construction
and developed the LWA process,
whereby applicants for nuclear power
plant licenses were permitted to engage
in site preparation activities, including
excavation and other on-site activities
before a construction permit was issued.
The AEC’s 1972 rulemaking was a direct
result of the enactment of the National
Environmental Policy Act of 1969
(NEPA), and the Commission’s
implementation of that statute.1 The
LWA process remained largely
unchanged until the 2007 LWA
rulemaking.
The NRC’s regulations for materials
licenses do not provide for pre-licensing
construction activities of the type
allowed parts 50 and 52 applicants.
Prior to 1971, the AEC prohibited the
construction of materials facilities prior
to the agency’s decision to issue a
license. Initially the AEC required that
any application for a Part 70 plutonium
processing and fuel fabrication plant be
filed at least six months prior to the
beginning of plant construction. (36 FR
17573; September 2, 1971). The intent
behind this requirement was to allow
the AEC an opportunity to conduct a
pre-construction review to determine
whether the applicant’s design basis for
the principal structures, systems and
components, and its quality assurance
1 See Carolina Power and Light Co. (Shearon
Harris Nuclear Power Plant, Units 1, 2, 3 & 4), CLI–
74–22, 7 AEC 939, 943 (1974). See also Kansas Gas
and Electric Co. (Wolf Creek Nuclear Generating
Station, Unit 1), CLI–77–1, 5 NRC 1, 5 (1977).
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
program provided reasonable assurance
of protection against natural phenomena
and the consequences of potential
accidents. (36 FR 9786; May 28, 1971).
This regulation was only applicable to
plutonium processing and fuel
fabrication applicants.
Thereafter, on December 1, 1971 (36
FR 22848), the AEC published notice of
its intent to redefine the term
‘‘commencement of construction’’ as that
term was then applied to part 50
production and utilization facilities
subject to then Appendix D of part 50.
By the same notice, the AEC indicated
that it was also considering the adoption
of similar amendments to parts 30, 40,
and 70 that would provide for NRC
environmental review prior to
commencement of construction of
materials licensee plants and facilities.
The proposed amendments introduced
to parts 30, 40, and 70 a new definition
of ‘‘commencement of construction;’’
required that applications for materials
licenses under these parts be filed at
least 9 months prior to commencement
of construction of plants or facilities in
which the licensed activates will be
conducted; and added as a condition of
issuance of the requested license that
the AEC staff had made a favorable
environmental review determination
prior to commencement of construction
of such plants or facilities. The AEC
subsequently revised these regulations
(38 FR 5745; March 21, 1972) and
provided a mechanism for AEC
exemptions to allow the continuation of
site preparation and construction
activities begun prior to the effective
date of the proposed amendments,
provided that such activities were
conducted so as to minimize their
environmental impact, and to conform
the time for filing applications for
plutonium process and fuel fabrication
plants to 9 months prior to
commencement of construction.
In response to the requirements
imposed by the Uranium Mill Tailings
Radiation Control Act of 1978
(UMTRCA), the NRC again amended
part 40 to require that a final
environmental assessment be completed
by the NRC prior to commencement of
construction of a mill that produces
byproduct material (45 FR 65521;
October 3, 1980). In reaching this
decision, the NRC noted that,
[M]illing results in the production of large
quantities of byproduct material as tailings
per year. When construction of a mill
commences, nearly irrevocable commitments
are made regarding tailings disposal. Given
that each mill tailings pile constitutes a lowlevel waste burial site containing long-lived
radioactive materials, the Commission
believes that prudence requires that specific
E:\FR\FM\27JYP1.SGM
27JYP1
Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Proposed Rules
methods of tailings disposal, mill
decontamination, site reclamation, surety
arrangements, and arrangements to allow for
transfer of site and tailings ownership be
worked out and approved before a license is
granted.
Id. at 65529. The NRC concluded that
commencement of construction of other
types of plants and facilities in which
byproduct, source, and special nuclear
materials are used and possessed would
also result in similar commitments of
resources, and accordingly, the NRC
amended parts 30 and 70 to conform to
the amendments effectuated in part 40.
The October 9, 2007 (72 FR 57416,
57427) LWA rulemaking examined the
nature and extent of the NRC’s
responsibilities under NEPA, and based
upon that evaluation the NRC revised
the definition of construction in 10 CFR
50.10 to expressly exclude certain
activities. The NRC determined that its
NEPA obligations and responsibilities
arise only when the Commission
undertakes a Federal action within the
agency’s statutory responsibility.
Specifically, the NRC noted that NEPA,
a procedural statute, does not expand
the NRC’s jurisdiction beyond the scope
of the AEA. Id. The NRC further
determined that,
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
[W]hile NEPA may require the NRC to
consider the environmental effects caused by
the exercise of its permitting/licensing
authority, the statute cannot be the source of
the expansion of the NRC’s authority to
require * * * other forms of permission for
activities that are not reasonably related to
radiological health and safety or protection of
the common defense and security. Since
NEPA cannot expand the Commission’s
* * * authority under the AEA, the
elimination of the blanket inclusion of site
preparation activities in the [then existing]
definition of construction does not violate
NEPA.
71 FR 61330, 61332; (October 17, 2006);
see also 72 FR 57416, 57427 (October 9,
2007). In light of the foregoing, the NRC
amended its definition of construction
in § 50.10 and its NEPA regulations in
10 CFR part 51 to include a definition
of construction that was consistent with
the § 50.10 definition and the NRC’s
authority under the AEA. Given the
NRC’s determination that site
preparation activities did not constitute
construction, the NRC provided that the
effects of these activities would only be
considered in order to establish a
baseline against which the incremental
effect of the subsequent major Federal
action (i.e., the Commission’s issuance
of a license) would be measured.
Since the completion of the LWA
rulemaking, which added to part 51 a
definition of ‘‘construction,’’ the NRC’s
definition of what constitutes
construction for material licenses in
VerDate Mar<15>2010
15:29 Jul 26, 2010
Jkt 220001
Parts 30, 36, 40, 70, and 150 has been
inconsistent with the definition the NRC
established in parts 50, 51, and 52.
Activities that do not constitute
construction under 10 CFR parts 50, 51,
and 52, are currently classified as
construction under 10 CFR parts 30, 36,
40, 70, and 150. Accordingly, the site
preparation activity from which a
materials license applicant or licensee is
currently prohibited from engaging, are
the same activities that the NRC
determined in the LWA rulemaking
were not within the scope of the
agency’s licensing review. As was
indicated during the Commission’s
December 2008 briefing, materials
applicants and licensees, as well as the
NRC’s staff, have struggled with the
inconsistency that currently exists
within the NRC’s regulations.
Staff and materials license applicants
have been reconciling the contrary
regulatory definitions through the
exemption process. But given the
agency’s position on the scope of its
AEA authority, the NRC believes that
the regulatory provisions themselves
should be reconciled, furthering
regulatory efficiency and economy.
Accordingly, the NRC proposes to
implement conforming amendments in
10 CFR parts 30, 36, 40, and 70 that
would establish a consistent definition
of ‘‘construction’’ or ‘‘commencement of
construction.’’ Within the proposed
definition of commencement of
construction for 10 CFR parts 30, 36, 40,
and 70, the NRC has included any
activity that has a reasonable nexus to
the radiological health and safety or the
common defense and security with the
purpose of ensuring that the types of
site preparation activities instituted
pursuant to the revised regulation do
not consist of activities that are related
to radiological safety, radiological
controls, physical protection or
information security. For example, in
§ 51.4, the exclusion of fences and other
access control measures from the
definition of construction does not
pertain to those fences and controls
intended to secure and protect
radiological materials, but rather to
those fences and controls intended to
protect the integrity of the site during
the preparation activities. The NRC
requests comments on its proposal to
align the terms ‘‘construction’’ and
‘‘commencement of construction’’ within
major licensing parts of its regulations.
The NRC is aware that some
interested entities have suggested that
an LWA process, similar to that
promulgated for 10 CFR parts 50 and 52
licensees, should be developed for
materials applicants and licensees.
However, upon review, it is not clear at
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
43867
this time that an LWA process
applicable to materials licenses is
appropriate, or even necessary. A
review of recent requests for exemption
from the construction prohibition shows
that most requests would have been
rendered unnecessary by a materials
construction definition that conforms to
Part 51. It is unclear whether the
licensing process for materials licenses
would be enhanced by an LWA process
that allows some safety or securityrelated construction to occur in advance
of the license, or whether an LWA
process might be more appropriate for
larger materials facilities, such as
uranium in situ recovery facilities or
uranium enrichment facilities.
Furthermore, given the NRC’s explicit
statement in 1980 of the breadth of
issues that should be resolved prior to
constructing parts 30, 40, and 70
facilities,2 there is some question as to
whether an LWA process is appropriate
in the context of materials licensing,
which would permit safety or securityrelated construction to occur prior to a
conclusion that a license should be
issued. In the UMTRCA-related
rulemaking, the NRC found that
construction activities at plants and
facilities in which source or byproduct
materials are possessed and used for the
production of uranium hexafluoride and
commercial waste disposal by land
burial should not precede the
environmental review as they ‘‘are likely
to result in [irrevocable and/or
irretrievable] environmental impacts,
the propriety of which cannot be
ascertained until [the Part 51]
environmental appraisals are completed
and documented.’’ (45 FR 65521, 65529;
October 3, 1980). Accordingly, the NRC
is not including in the proposed rule
language an LWA process for 10 CFR
parts 30, 36, 40, or 70 licensees and
applicants, and to the extent that an
applicant for a 10 CFR parts 30, 36, 40,
or 70 license wishes to perform site
activities that are related to radiological
health and safety or preservation of the
common defense and security, the
applicant would be prohibited from
doing so under the proposed rule until
the NRC has completed its
environmental review and concluded
that a license should be issued.
Nevertheless, the NRC invites comments
on the utility of an LWA process for 10
CFR parts 30, 36, 40, and 70, including
whether such a process would be
appropriate for all, or merely some,
materials licenses.
The revisions proposed in this
rulemaking would have the effect of
2 See UMTRCA Rulemaking, 45 FR 65521, 65529
(October 3, 1980).
E:\FR\FM\27JYP1.SGM
27JYP1
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
43868
Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Proposed Rules
providing a definition of ‘‘construction’’
that is consistent throughout the NRC’s
regulations and within the scope of the
NRC’s environmental review conducted
under the part 51 definition of
‘‘construction.’’ Exemptions would no
longer be necessary for certain site
preparation activities currently
undertaken by materials license
applicants. Currently, the NRC’s
regulations in part 51 require that an
applicant for a materials license, license
amendment, or license renewal submit
an environmental report with its
application. The NRC’s regulations
further dictate the nature and scope of
the NRC’s environmental assessment.
Those provisions are not being revised
by this rulemaking. The instructive
provisions in part 51 would continue to
remain applicable.
Currently, to the extent that a
potential applicant, an applicant, or a
licensee engages in activities that the
NRC has indicated do not constitute
construction subject to NRC regulation,
the entity does so at its own risk, as
such activity does not presume that the
NRC will conclude that a license should
be issued upon completion of its review.
This is consistent with the underlying
concept that these site preparation
activities do not result from Federal
approval of activities within the
responsibility of the NRC under the
AEA and, therefore, they will have
relevance to the NRC action only to the
extent that the impacts of those
activities influence an analysis of any
subsequent licensing action’s
cumulative environmental impacts.
The NRC is also proposing a
typographical correction to the
regulations in 10 CFR 39.13(a). Part 39
was issued March 17, 1987 (52 FR
8225), by the NRC to specify radiation
safety requirements for the use of
licensed material in well-logging
operations. Section 39.13(a) directs
applicants for a specific license for well
logging to satisfy the general
requirements in § 30.33 for byproduct
material, § 40.32 for source material,
and § 70.33 for special nuclear material.
However, § 70.33 pertains to renewal of
licenses and not to general requirements
for special nuclear material licensing.
The general requirements regulation for
special nuclear material licenses is in
§ 70.23. The reference to § 70.33 in the
current version of § 39.13(a) is the result
of a typographical error, and the NRC is
proposing to correct § 39.13(a) so that
the reference for the general
requirements for special nuclear
material licenses will refer to § 70.23.
VerDate Mar<15>2010
17:14 Jul 26, 2010
Jkt 220001
IV. Discussion of Proposed
Amendments by Section
Section 30.4 Definitions.
In 2007, the NRC added a definition
for the term ‘‘construction’’ in 10 CFR
part 51, ‘‘Environmental protection
regulations for domestic licensing and
related regulatory functions,’’ to exclude
certain site preparation activities from
the definition. The NRC’s decision to
exclude these site preparation activities
from the definition of construction was
based upon the NRC’s determination
that these activities lacked a reasonable
nexus to radiological health and safety
or common defense and security
considerations. This determination is
equally applicable to the licensing
actions in part 30, which are subject to
the NEPA implementing regulations in
part 51, including the part 51 definition
for ‘‘construction.’’ Accordingly, this
section would be revised to add a
definition for ‘‘construction’’ and
conform the definition for
‘‘commencement of construction’’ to be
consistent with the concepts used to
define ‘‘construction’’ in 10 CFR 51.4,
recognizing those activities the
Commission has already determined do
not affect, as a general matter,
radiological health and safety or
common defense and security.
Section 30.33 General requirements for
issuance of specific licenses.
In this section, paragraph (a)(5) would
be revised to delete the definition of
‘‘commencement of construction’’
contained in the last two sentences of
the paragraph.
Section 36.2 Definitions.
In 2007, the NRC revised the
definition for the term ‘‘commencement
of construction’’ in 10 CFR part 51,
‘‘Environmental protection regulations
for domestic licensing and related
regulatory functions,’’ to exclude certain
site preparation activities from the
definition. The NRC’s decision to
exclude these activities from the
definition of construction was based
upon the NRC’s determination that
these activities lacked a reasonable
nexus to radiological health and safety
or common defense and security
considerations. This section would be
revised to add definitions for
‘‘construction’’ and ‘‘commencement of
construction’’ to be consistent with the
definition adopted by the NRC in 10
CFR 51.4.
Section 36.13 Specific licenses for
irradiators.
In this section, paragraph (a) would be
revised to exclude § 30.33(a)(5) as a
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
requirement for an applicant to receive
a specific license under this part.
Currently § 36.13(a) provides that an
applicant for a part 36 license shall
satisfy both the general requirements in
§ 30.33 and the requirements in part 36.
Section 30.33(a)(5) contains the
provision regarding commencement of
construction. Section 36.15 of the
existing regulations also addresses a
part 36 applicant’s or licensee’s
obligations with respect to the
commencement of construction. The
prohibition on the commencement of
construction imposed by § 36.15 varies
from that required by § 30.33(a)(5), so
that the current language in § 36.13(a)
creates a conflict. The proposed
amendment would resolve the matter to
make it clear that the part 36
requirements are applicable to the part
36 licensee.
Section 36.15
construction.
Commencement of
This section would be revised to
modify references from ‘‘start of
construction’’ to ‘‘commencement of
construction’’ to create consistency in
the terminology used in the NRC’s
regulations. Additionally, given the
proposed insertion of a revised
definition for ‘‘commencement of
construction’’ in § 36.2, the definition of
‘‘construction’’ in this section would be
deleted.
Section 39.13
well-logging.
Specific licenses for
In this section, paragraph (a) would be
revised to correct a typographical error.
The reference to § 70.33 would be
revised to read § 70.23.
Section 40.4
Definitions.
In 2007, the NRC added a definition
for the term ‘‘construction’’ in 10 CFR
part 51, ‘‘Environmental protection
regulations for domestic licensing and
related regulatory functions,’’ to exclude
certain site preparation activities from
the definition. The NRC’s decision to
exclude these activities from the
definition of construction was based
upon the NRC’s determination that
these activities lacked a reasonable
nexus to radiological health and safety
or common defense and security
considerations. This determination is
equally applicable to the licensing
actions in part 40, which are subject to
the NEPA implementing regulations in
part 51, including the part 51 definition
for ‘‘construction.’’ Accordingly, this
section would be revised to add a
definition for ‘‘construction’’ and
conform the definition for
‘‘commencement of construction’’ to be
E:\FR\FM\27JYP1.SGM
27JYP1
Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Proposed Rules
consistent with the definition of
‘‘construction’’ in 10 CFR 51.4.
Section 40.32 General requirements for
issuance of specific licenses.
In this section, paragraph (e) would be
revised to delete the definition of
‘‘commencement of construction’’
contained in the last two sentences of
the paragraph.
Section 51.4 Definitions.
The existing definition in this section
for the term ‘‘construction’’ was added to
address part 50 nuclear power reactor
licenses, and allows for possible prelicense construction through a limited
work authorization that is available to
part 50 applicants, but contains
language that is not, by its terms,
limited to part 50 licensees. A
comparable limited work authorization
is not being proposed for materials
licenses. The result is that
commencement of construction
provisions in parts 30, 40, and 70 refer
the staff to part 51 for an environmental
review based on activities not included
in the part 51 definition of construction.
To resolve these inconsistencies, the
definition of ‘‘construction’’ would be
revised to distinguish between a part 50
licensing action and a materials
licensing action. This section would be
revised to add a paragraph defining
‘‘construction’’ for materials licenses.
Section 70.4 Definitions.
In 2007, the NRC added a definition
for the term ‘‘construction’’ in 10 CFR
part 51, ‘‘Environmental protection
regulations for domestic licensing and
related regulatory functions,’’ to exclude
certain site preparation activities from
the definition. The NRC’s decision to
exclude these activities from the
definition of construction was based
upon the NRC’s determination that
these activities lacked a reasonable
nexus to radiological health and safety
or common defense and security
considerations. This determination is
equally applicable to the licensing
actions in Part 70, which are subject to
the NEPA implementing regulations in
Part 51, including the Part 51 definition
for ‘‘construction.’’ Accordingly, this
section would be revised to add a
definition for ‘‘construction’’ and
conform the definition for
‘‘commencement of construction’’ to be
consistent with the definition of
‘‘construction’’ in 10 CFR 51.4.
43869
proposed in parts 30, 40, and 70, such
that the Agreement State meaning is
consistent with that of the NRC.
V. Availability of Documents
You can access publicly available
documents related to this document,
including the following documents,
using the following methods:
NRC’s Public Document Room (PDR):
The public may examine and have
copied for a fee publicly available
documents at the NRC’s PDR, Room O–
1F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland.
NRC’s Agencywide Documents Access
and Management System (ADAMS):
Publicly available documents created or
received at the NRC are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this page,
the public can gain entry into ADAMS,
Section 70.23 Requirements for the
which provides text and image files of
approval of applications.
NRC’s public documents. If you do not
In this section, paragraph (a)(7) would
have access to ADAMS or if there are
be revised to delete the definition of
problems in accessing the documents
‘‘commencement of construction’’
located in ADAMS, contact the NRC’s
contained in the last two sentences of
PDR reference staff at 1–800–397–4209,
the paragraph.
or 301–415–4737, or by e-mail to
Section 150.31 Requirements for
PDR.Resource@nrc.gov.
Agreement State regulation of byproduct
Federal Rulemaking Web Site: Public
material.
comments and supporting materials
related to this proposed rule can be
In this section, paragraph (b)(3)(iv)
found at https://www.regulations.gov by
would be revised to modify and
searching on Docket ID NRC–2010–
conform the definition for
‘‘commencement of construction’’ to that 0075.
Document
PDR
Web
Staff Requirements Memorandum—Briefing on Uranium Recovery, January 9, 2009 ................
Letter from the Nuclear Energy Institute dated March 3, 2009 ....................................................
Limited Work Authorizations for Nuclear Power Plants; Final Rule; Correction, April 28, 2008
(73 FR 22786) (Docket ID NRC–2008–0222) ...........................................................................
Limited Work Authorizations for Nuclear Power Plants; Final Rule, October 9, 2007 (72 FR
57416) (Docket ID NRC–2008–0222) ........................................................................................
X
X
X
X
ML090080206
ML090710372
X
X
X
X
ML081050554
X
X
X
ML071210205
X
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
VI. Agreement State Compatibility
Under the ‘‘Policy Statement on
Adequacy and Compatibility of
Agreement State Programs’’ which
became effective on September 3, 1997
(62 FR 46517), NRC program elements
(including regulations) are placed into
compatibility categories A, B, C, D,
NRC, or adequacy category, Health and
Safety (H&S). Category A includes
program elements that are basic
radiation protection standards or related
definitions, signs, labels, or terms
necessary for a common understanding
of radiation protection principles and
should be essentially identical to those
of NRC. Category B includes program
elements that have significant direct
VerDate Mar<15>2010
15:29 Jul 26, 2010
Jkt 220001
transboundary implications and should
be essentially identical to those of the
NRC.
Compatibility Category C are those
program elements that do not meet the
criteria of Category A or B, but the
essential objectives of which an
Agreement State should adopt to avoid
conflict, duplication, gaps, or other
conditions that would jeopardize an
orderly pattern in the regulation of
agreement material on a nationwide
basis. Compatibility Category D are
those program elements that do not
meet any of the criteria of Category A,
B, or C, and do not need to be adopted
by Agreement States. Compatibility
Category NRC are those program
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
ADAMS
NRC Staff
elements that address areas of regulation
that cannot be relinquished to
Agreement States pursuant to the AEA
or provisions of Title 10 of the Code of
Federal Regulations and should not be
adopted by Agreement States. Category
H&S are program elements that are not
required for compatibility, but have a
particular health and safety role (e.g.,
adequacy) in the regulation of
agreement material and the State should
adopt the essential objectives of the
NRC program elements.
The NRC has analyzed the proposed
rule in accordance with the procedure
established within Part III,
‘‘Categorization Process for NRC
Program Elements,’’ of Handbook 5.9 to
E:\FR\FM\27JYP1.SGM
27JYP1
43870
Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Proposed Rules
Management Directive 5.9, ‘‘Adequacy
and Compatibility of Agreement State
Programs’’ (a copy of which may be
viewed at https://www.nrc.gov/readingrm/doc-collections/management-
directives/). The proposed revisions are
categorized as follows:
DRAFT COMPATIBILITY TABLE FOR PROPOSED RULE
Compatibility category
NRC Regulation section
Change
Section title
Existing
Amend .......
30.4 .......................................
New ............
30.4 .......................................
New ............
30.4 .......................................
30.33(a)(5) ............................
New ............
Amend .......
36.2 .......................................
New ............
36.2 .......................................
New ............
36.2 .......................................
New ............
36.2 .......................................
36.13(a) ................................
36.15 .....................................
39.13(a) ................................
40.4 .......................................
New ............
Amend .......
Amend .......
Amend .......
Amend .......
40.4 .......................................
New ............
40.4 .......................................
New ............
Definition—Commencement of Construction—
paragraph 2.
Definition—Construction—paragraphs 1–8 and
9(i).
40.4 .......................................
40.32(e) ................................
New ............
Amend .......
Definition—Construction—paragraph 9(ii) ........
General requirements for issuance of specific
licenses.
51.4 .......................................
70.4 .......................................
Amend .......
Amend .......
70.4 .......................................
New ............
70.4 .......................................
New ............
70.4 .......................................
70.23(a)(7) ............................
150.31(b)(3)(iv) .....................
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
30.4 .......................................
New ............
Amend .......
Amend .......
Definitions .........................................................
Definition—Commencement of Construction—
paragraph 1.
Definition—Commencement of Construction—
paragraph 2.
Definition—Construction—paragraphs 1–8 and
9(i).
Definition—Construction—paragraph 9(ii) ........
Requirements for the approval of applications
Requirements for Agreement State regulation
of byproduct material.
150.31(b)(3)(iv)(A) ................
New ............
VerDate Mar<15>2010
15:29 Jul 26, 2010
Jkt 220001
Definition—Commencement of Construction—
paragraph 1.
Definition—Commencement of Construction—
paragraph 2.
Definition—Construction—paragraphs 1–8 and
9(i).
Definition—Construction—paragraph 9(ii) ........
General requirements for issuance of specific
licenses.
Definition—Commencement of Construction—
paragraph 1.
Definition—Commencement of Construction—
paragraph 2.
Definition—Construction—paragraphs 1–8 and
9(i).
Definition—Construction—paragraph 9(ii) ........
Specific licenses for irradiators .........................
Commencement of construction .......................
Specific licenses for well-logging ......................
Definition—Commencement of Construction—
paragraph 1.
Requirements for Agreement State regulation
of byproduct material.
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
New
D ..................................
D.
.....................................
NRC.
.....................................
D.
.....................................
D ..................................
NRC.
D.
.....................................
D.
.....................................
NRC.
.....................................
D.
.....................................
H&S .............................
D ..................................
H&S .............................
C—States with authority to regulate uranium mill activities
(11e.(2) byproduct
material).
D—States without authority.
.....................................
NRC.
H&S.
D.
H&S.
C—States with authority to regulate uranium mill activities
(11e.(2) byproduct
material).
D—States without authority.
NRC.
.....................................
.....................................
H&S—States with authority to regulate
uranium mill activities (11e.(2) byproduct material).
NRC—States without
authority.
NRC ............................
D ..................................
C—States with authority to regulate uranium mill activities
(11e.(2) byproduct
material).
D—States without authority.
NRC.
H&S—States with authority to regulate
uranium mill activities (11e.(2) byproduct material).
NRC—States without
authority.
NRC.
D.
.....................................
NRC.
.....................................
D.
.....................................
NRC ............................
C—States with authority to regulate uranium mill activities
(11e.(2) byproduct
material).
D—States without authority.
.....................................
NRC.
NRC.
C—States with authority to regulate uranium mill activities
(11e.(2) byproduct
material).
D—States without authority.
C—States with authority to regulate uranium mill activities
(11e.(2) byproduct
material).
D—States without authority.
E:\FR\FM\27JYP1.SGM
27JYP1
43871
Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Proposed Rules
DRAFT COMPATIBILITY TABLE FOR PROPOSED RULE—Continued
Compatibility category
NRC Regulation section
Change
Section title
Existing
150.31(b)(3)(iv)(B) ................
New ............
Requirements for Agreement State regulation
of byproduct material.
VII. Plain Language
The Presidential memorandum dated
June 1, 1998, entitled ‘‘Plain Language in
Government Writing’’ directed that the
Government’s writing be in plain
language. This memorandum was
published on June 10, 1998 (63 FR
31883). In complying with this
directive, the NRC made editorial
changes to improve the organization and
readability of the existing language of
the paragraphs being revised. These
types of changes are not discussed
further in this document. The NRC
requests comments on this proposed
rule specifically with respect to the
clarity and effectiveness of the language
used. Comments should be sent to the
address listed under the ADDRESSES
heading of the preamble to this
proposed rule.
VIII. Voluntary Consensus Standards
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
The National Technology Transfer
and Advancement Act of 1995, Public
Law 104–113, requires that Federal
agencies use technical standards that are
developed or adopted by voluntary
consensus standards bodies unless the
use of such a standard is inconsistent
with applicable law or otherwise
impractical. The NRC is proposing to
redefine the scope of activities
constituting ‘‘construction’’ for materials
licenses. The NRC is not aware of any
voluntary consensus standards that
address the proposed subject matter of
this proposed rule. The NRC will
consider using a voluntary consensus
standard if an appropriate standard is
identified. If a voluntary consensus
standard is identified for consideration,
the submittal should explain why the
standard should be used.
IX. Environmental Impact—Categorical
Exclusion
The NRC has determined that the
changes made in this rule to parts 30,
36, 39, 40, 51, 70, and 150 fall within
the types of actions described in
categorical exclusions 10 CFR
51.22(c)(1), (c)(2), and (c)(3)(i).
Therefore, neither an environmental
VerDate Mar<15>2010
15:29 Jul 26, 2010
Jkt 220001
impact statement nor an environmental
assessment has been prepared for this
regulation.
X. Paperwork Reduction Act Statement
This proposed rule does not contain
new or amended information collection
requirements subject to the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). Existing information collection
requirements were approved by the
Office of Management and Budget,
control numbers 3150–0017, 3150–0158,
3150–0130, 3150–0020, 3150–0021,
3150–0009, and 3150–0032.
Public Protection Notification.
The NRC may not conduct or sponsor,
and a person is not required to respond
to, a request for information or an
information collection requirement
unless the requesting document
displays a currently valid OMB control
number.
XI. Regulatory Analysis
A draft regulatory analysis has not
been prepared for this regulation. This
rule amends the NRC’s regulations to
conform the definitions of
‘‘construction’’ and ‘‘commencement of
construction’’ as they appear in parts 30,
36, 40, 70, and 150, to the parts 50, 51,
and 52 definitions implemented by the
LWA rulemaking, revised to reference
non-nuclear power plant licensees. This
amendment does not impose any new
burden or reporting requirements on the
licensee or NRC for compliance. Also,
this rule does not involve an exercise of
NRC discretion, and therefore does not
necessitate preparation of a regulatory
analysis.
XII. Regulatory Flexibility Certification
In accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), the
NRC certifies that this rule will not, if
promulgated, have a significant
economic impact on a substantial
number of small entities. This proposed
rule affects only material licensees. The
companies that apply for a license in
accordance with the regulations affected
by this proposed rule do not fall within
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
New
.....................................
C—States with authority to regulate uranium mill activities
(11e.(2) byproduct
material).
D—States without authority.
the scope of the definition of ‘‘small
entities’’ set forth in the Regulatory
Flexibility Act or the size standards
established by the NRC (10 CFR 2.810).
XIII. Backfit Analysis
The NRC’s backfit provisions are
found in the regulations at §§ 50.109,
52.39, 52.63, 52.83, 52.98, 52.145,
52.171, 70.76, 72.62, and 76.76. The
requirements contained in this proposed
rule do not involve any provisions that
would impose backfits on nuclear
power plant licensees as defined in 10
CFR parts 50 or 52, or on licensees for
gaseous diffusion plants, independent
spent fuel storage installations or
special nuclear material as defined in 10
CFR parts 70, 72 and 76, respectively,
and as such a backfit analysis is not
required. Therefore, a backfit analysis
need not be prepared for this proposed
rule to address these classes of entities.
With respect to parts 30, 36, 39, and 40
licensees, the NRC has determined that
there are no provisions for backfit in
these parts, and as such, a backfit
analysis need not be prepared for this
proposed rule to address these
licensees.
List of Subjects
10 CFR Part 30
Byproduct material, Criminal
penalties, Government contracts,
Intergovernmental relations, Isotopes,
Nuclear materials, Radiation protection,
Reporting and recordkeeping
requirements.
10 CFR Part 36
Byproduct material, Criminal
penalties, Nuclear materials, Reporting
and recordkeeping requirements,
Scientific equipment, Security
measures.
10 CFR Part 39
Byproduct material, Criminal
penalties, Nuclear materials, Oil and gas
exploration—well logging, Reporting
and recordkeeping requirements,
Scientific equipment, Security
E:\FR\FM\27JYP1.SGM
27JYP1
43872
Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Proposed Rules
revised, and the term ‘‘Construction’’ is
added in alphabetical order to read as
follows:
*
*
*
*
*
measures, Source material, Special
nuclear material.
10 CFR Part 40
Criminal penalties, Government
contracts, Hazardous materials
transportation, Nuclear materials,
Reporting and recordkeeping
requirements, Source material,
Uranium.
§ 30.4
10 CFR Part 51
Administrative practice and
procedure, Environmental impact
statement, Nuclear materials, Nuclear
power plants and reactors, Reporting
and recordkeeping requirements.
10 CFR Part 70
Criminal penalties, Hazardous
materials transportation, Material
accounting and control, Nuclear
materials, Packaging and containers,
Radiation protection, Reporting and
recordkeeping requirements, Scientific
equipment, Security measures, Special
nuclear material.
10 CFR Part 150
Criminal penalties, Hazardous
materials transportation,
Intergovernmental relations, Nuclear
materials, Reporting and recordkeeping
requirements, Security measures,
Source material, Special nuclear
material.
For the reasons set out in the
preamble and under the authority of the
Atomic Energy Act of 1954, as amended;
the Energy Reorganization Act of 1974,
as amended; and 5 U.S.C. 553; the NRC
is proposing to adopt the following
amendments to 10 CFR parts 30, 36, 39,
40, 51, 70, and 150.
PART 30—RULES OF GENERAL
APPLICABILITY TO DOMESTIC
LICENSING OF BYPRODUCT
MATERIAL
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
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); sec. 1704, 112 Stat. 2750
(44 U.S.C. 3504 note); Energy Policy Act of
2005, Pub. L. No. 109–58, 119 Stat. 549
(2005).
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 § 30.4, the definition for the term
‘‘Commencement of construction’’ is
VerDate Mar<15>2010
15:29 Jul 26, 2010
Jkt 220001
Definitions.
*
*
*
*
*
Commencement of construction
means taking any action defined as
‘‘construction’’ or any site-preparation
activity at the site of a facility subject to
the regulations in this part that has a
reasonable nexus to:
(1) Radiological health and safety; or
(2) Common defense and security.
*
*
*
*
*
Construction means the installation of
foundations, or in-place assembly,
erection, fabrication, or testing for any
structure, system, or component of a
facility or activity subject to the
regulations in this part that are related
to radiological safety or security. The
term ‘‘construction’’ does not include:
(1) Changes for temporary use of the
land for public recreational purposes;
(2) Site exploration, including
necessary borings to determine
foundation conditions or other
preconstruction monitoring to establish
background information related to the
suitability of the site, the environmental
impacts of construction or operation, or
the protection of environmental values;
(3) Preparation of the site for
construction of the facility, including
clearing of the site, grading, installation
of drainage, erosion and other
environmental mitigation measures, and
construction of temporary roads and
borrow areas;
(4) Erection of fences and other access
control measures that are not related to
the safe use of, or security of,
radiological materials subject to this
part;
(5) Excavation;
(6) Erection of support buildings (e.g.,
construction equipment storage sheds,
warehouse and shop facilities, utilities,
concrete mixing plants, docking and
unloading facilities, and office
buildings) for use in connection with
the construction of the facility;
(7) Building of service facilities (e.g.,
paved roads, parking lots, railroad
spurs, exterior utility and lighting
systems, potable water systems, sanitary
sewerage treatment facilities, and
transmission lines);
(8) Procurement or fabrication of
components or portions of the proposed
facility occurring at other than the final,
in-place location at the facility; or
(9) Taking any other action that has
no reasonable nexus to:
(i) Radiological health and safety, or
(ii) Common defense and security.
*
*
*
*
*
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
3. In § 30.33, paragraph (a)(5) is
revised to read as follows:
§ 30.33 General requirements for issuance
of specific licenses.
(a) * * *
(5) In the case of an application for a
license to receive and possess byproduct
material for the conduct of any activity
which the NRC determines will
significantly affect the quality of the
environment, the Director, Office of
Federal and State Materials and
Environmental Management Program or
his designee, before commencement of
construction of the plant or facility in
which the activity will be conducted, on
the basis of information filed and
evaluations made pursuant to subpart A
of part 51 of this chapter, has
concluded, after weighing the
environmental, economic, technical,
and other benefits against
environmental costs and considering
available alternatives, that the action
called for is the issuance of the
proposed license, with any appropriate
conditions to protect environmental
values. Commencement of construction
prior to such conclusion shall be
grounds for denial of a license to receive
and possess byproduct material in such
plant or facility.
*
*
*
*
*
PART 36—LICENSES AND RADIATION
SAFETY REQUIREMENTS FOR
IRRADIATORS
4. The authority citation for part 36
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).
5. In § 36.2, definitions for the terms
‘‘Commencement of construction’’and
‘‘Construction’’ are added in alphabetical
order to read as follows:
§ 36.2
Definitions.
*
*
*
*
*
Commencement of construction
means taking any action defined as
‘‘construction’’ or any site-preparation
activity at the site of a facility subject to
the regulations in this part that has a
reasonable nexus to:
(1) Radiological health and safety; or
(2) Common defense and security.
Construction means the installation of
foundations, or in-place assembly,
erection, fabrication, or testing for any
structure, system, or component of a
facility or activity subject to the
regulations in this part that are related
E:\FR\FM\27JYP1.SGM
27JYP1
Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Proposed Rules
to radiological safety or security. The
term ‘‘construction’’does not include:
(1) Changes for temporary use of the
land for public recreational purposes;
(2) Site exploration, including
necessary borings to determine
foundation conditions or other
preconstruction monitoring to establish
background information related to the
suitability of the site, the environmental
impacts of construction or operation, or
the protection of environmental values;
(3) Preparation of the site for
construction of the facility, including
clearing of the site, grading, installation
of drainage, erosion and other
environmental mitigation measures, and
construction of temporary roads and
borrow areas;
(4) Erection of fences and other access
control measures that are not related to
the safe use of, or security of,
radiological materials subject to this
part;
(5) Excavation;
(6) Erection of support buildings (e.g.,
construction equipment storage sheds,
warehouse and shop facilities, utilities,
concrete mixing plants, docking and
unloading facilities, and office
buildings) for use in connection with
the construction of the facility;
(7) Building of service facilities (e.g.,
paved roads, parking lots, railroad
spurs, exterior utility and lighting
systems, potable water systems, sanitary
sewerage treatment facilities, and
transmission lines);
(8) Procurement or fabrication of
components or portions of the proposed
facility occurring at other than the final,
in-place location at the facility; or
(9) Taking any other action that has
no reasonable nexus to:
(i) Radiological health and safety, or
(ii) Common defense and security.
*
*
*
*
*
6. In § 36.13, paragraph (a) is revised
to read as follows:
§ 36.13
Specific licenses for irradiators.
*
*
*
*
(a) The applicant shall satisfy the
general requirements specified in
§§ 30.33(a)(1)–(4) and 30.33(b) of this
chapter and the requirements contained
in this part.
*
*
*
*
*
7. Section 36.15 is revised to read as
follows:
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
*
§ 36.15
Commencement of construction.
Commencement of construction of a
new irradiator may not occur prior to
the submission to NRC of both an
application for a license for the
irradiator and the fee required by
§ 170.31 of this chapter. Any activities
undertaken prior to the issuance of a
VerDate Mar<15>2010
15:29 Jul 26, 2010
Jkt 220001
license are entirely at the risk of the
applicant and have no bearing on the
issuance of a license with respect to the
requirements of the Atomic Energy Act
of 1954 (Act), as amended, and rules,
regulations, and orders issued under the
Act.
PART 39—LICENSES AND RADIATION
SAFETY REQUIREMENTS FOR WELL
LOGGING
8. The authority citation for part 39
continues to read as follows:
Authority: Secs. 53, 57, 62, 63, 65, 69, 81,
82, 161, 182, 183, 186, 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. 2073, 2077, 2092, 2093, 2095,
2099, 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); sec. 1704, 112 Stat. 2750
(44 U.S.C. 3504 note).
9. In § 39.13, paragraph (a) is revised
to read as follows:
§ 39.13
Specific licenses for well logging.
*
*
*
*
*
(a) The applicant shall satisfy the
general requirements specified in
§ 30.33 of this chapter for byproduct
material, in § 40.32 of this chapter for
source material, and in § 70.23 of this
chapter for special nuclear material, as
appropriate, and any special
requirements contained in this part.
*
*
*
*
*
PART 40—DOMESTIC LICENSING OF
SOURCE MATERIAL
10. 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); sec. 193, 104 Stat. 2835, as amended
by Pub. L. 104–134, 110 Stat. 1321, 1321–349
(42 U.S.C. 2243); sec. 1704, 112 Stat. 2750 (44
U.S.C. 3504 note); Energy Policy Act of 2005,
Pub. L. No. 109–59, 119 Stat. 594 (2005).
Section 40.7 also issued under Pub. L. 95–
601, sec. 10, 92 Stat. 2951 (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).
11. In § 40.4, the definition for the
term ‘‘Commencement of construction’’
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
43873
is revised, and the term ‘‘Construction’’
is added in alphabetical order to read as
follows:
§ 40.4
Definitions.
*
*
*
*
*
Commencement of construction
means taking any action defined as
‘‘construction’’ or any site preparation
activity at the site of a facility subject to
the regulations in this part that has a
reasonable nexus to:
(1) Radiological health and safety; or
(2) Common defense and security.
*
*
*
*
*
Construction means the installation of
production wells, the installation of
foundations, or in-place assembly,
erection, fabrication, or testing for any
structure, system, or component of a
facility or activity subject to the
regulations in this part that are related
to radiological safety or security. The
term ‘‘construction’’ does not include:
(1) Changes for temporary use of the
land for public recreational purposes;
(2) Site exploration, including
necessary borings to determine
foundation conditions or other
preconstruction monitoring to establish
background information related to the
suitability of the site, the environmental
impacts of construction or operation, or
the protection of environmental values;
(3) Preparation of the site for
construction of the facility, including
clearing of the site, grading, installation
of drainage, erosion and other
environmental mitigation measures, and
construction of temporary roads and
borrow areas;
(4) Erection of fences and other access
control measures that are not related to
the safe use of, or security of,
radiological materials subject to this
part;
(5) Excavation;
(6) Erection of support buildings (e.g.,
construction equipment storage sheds,
warehouse and shop facilities, utilities,
concrete mixing plants, docking and
unloading facilities, and office
buildings) for use in connection with
the construction of the facility;
(7) Building of service facilities (e.g.,
paved roads, parking lots, railroad
spurs, exterior utility and lighting
systems, potable water systems, sanitary
sewerage treatment facilities, and
transmission lines);
(8) Procurement or fabrication of
components or portions of the proposed
facility occurring at other than the final,
in-place location at the facility; or
(9) Taking any other action that has
no reasonable nexus to:
(i) Radiological health and safety, or
(ii) Common defense and security.
*
*
*
*
*
E:\FR\FM\27JYP1.SGM
27JYP1
43874
Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Proposed Rules
12. Section 40.32, paragraph (e) is
revised to read as follows:
§ 40.32 General requirements for issuance
of specific licenses.
*
*
*
*
*
(e) In the case of an application for a
license for a uranium enrichment
facility, or for a license to possess and
use source and byproduct material for
uranium milling, production of uranium
hexafluoride, or for the conduct of any
other activity which the NRC
determines will significantly affect the
quality of the environment, the Director,
Office of Federal and State Materials
and Environmental Management
Programs or his designee, before
commencement of construction, on the
basis of information filed and
evaluations made pursuant to subpart A
of part 51 of this chapter, has
concluded, after weighing the
environmental, economic, technical and
other benefits against environmental
costs and considering available
alternatives, that the action called for is
the issuance of the proposed license,
with any appropriate conditions to
protect environmental values.
Commencement of construction prior to
this conclusion is grounds for denial of
a license to possess and use source and
byproduct material in the plant or
facility.
*
*
*
*
*
PART 51—ENVIRONMENTAL
PROTECTION REGULATIONS FOR
DOMESTIC LICENSING AND RELATED
REGULATORY FUNCTIONS
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
13. 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); sec. 1704, 112
Stat. 2750 (44 U.S.C. 3504 note). Subpart A
also issued under National Environmental
Policy Act of 1969, secs. 102, 104, 105, 83
Stat. 853–854, as amended (42 U.S.C. 4332,
4334, 4335); and Pub. L. 95–604, Title II, 92
Stat. 3033–3041; and sec. 193, Pub. L. 101–
575, 104 Stat. 2835 (42 U.S.C. 2243). Sections
51.20, 51.30, 51.60, 51.80, and 51.97 also
issued under secs. 135, 141, Pub. L. 97–425,
96 Stat. 2232, 2241, and sec. 148, Pub. L.
100–203, 101 Stat. 1330–223 (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)).
VerDate Mar<15>2010
15:29 Jul 26, 2010
Jkt 220001
14. In § 51.4, the definition for the
term ‘‘Construction’’ is revised to read as
follows:
§ 51.4
Definitions.
*
*
*
*
*
Construction means:
(1) For production and utilization
facilities, the activities in paragraph (i)
of this definition, and does not mean the
activities in paragraph (ii) of this
definition.
(i) Activities constituting construction
are the driving of piles, subsurface
preparation, placement of backfill,
concrete, or permanent retaining walls
within an excavation, installation of
foundations, or in-place assembly,
erection, fabrication, or testing, which
are for:
(A) Safety-related structures, systems,
or components (SSCs) of a facility, as
defined in 10 CFR 50.2;
(B) SSCs relied upon to mitigate
accidents or transients or used in plant
emergency operating procedures;
(C) SSCs whose failure could prevent
safety-related SSCs from fulfilling their
safety-related function;
(D) SSCs whose failure could cause a
reactor scram or actuation of a safetyrelated system;
(E) SSCs necessary to comply with 10
CFR part 73;
(F) SSCs necessary to comply with 10
CFR 50.48 and criterion 3 of 10 CFR part
50, appendix A; and
(G) Onsite emergency facilities (i.e.,
technical support and operations
support centers), necessary to comply
with 10 CFR 50.47 and 10 CFR part 50,
appendix E.
(ii) Construction does not include:
(A) Changes for temporary use of the
land for public recreational purposes;
(B) Site exploration, including
necessary borings to determine
foundation conditions or other
preconstruction monitoring to establish
background information related to the
suitability of the site, the environmental
impacts of construction or operation, or
the protection of environmental values;
(C) Preparation of a site for
construction of a facility, including
clearing of the site, grading, installation
of drainage, erosion and other
environmental mitigation measures, and
construction of temporary roads and
borrow areas;
(D) Erection of fences and other access
control measures that are not safety or
security related, and do not pertain to
radiological controls;
(E) Excavation;
(F) Erection of support buildings (e.g.,
construction equipment storage sheds,
warehouse and shop facilities, utilities,
concrete mixing plants, docking and
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
unloading facilities, and office
buildings) for use in connection with
the construction of the facility;
(G) Building of service facilities (e.g.,
paved roads, parking lots, railroad
spurs, exterior utility and lighting
systems, potable water systems, sanitary
sewerage treatment facilities, and
transmission lines);
(H) Procurement or fabrication of
components or portions of the proposed
facility occurring at other than the final,
in-place location at the facility;
(I) Manufacture of a nuclear power
reactor under a manufacturing license
under subpart F of part 52 of this
chapter to be installed at the proposed
site and to be part of the proposed
facility; or
(J) With respect to production or
utilization facilities, other than testing
facilities and nuclear power plants,
required to be licensed under Section
104.a or Section 104.c of the Act, the
erection of buildings which will be used
for activities other than operation of a
facility and which may also be used to
house a facility (e.g., the construction of
a college laboratory building with space
for installation of a training reactor).
(2) For materials licenses, taking any
site-preparation activity at the site of a
facility subject to the regulations in 10
CFR parts 30, 36, 40, and 70, that has
a reasonable nexus to radiological
health and safety or the common
defense and security; provided,
however, that construction does not
mean:
(i) Those actions or activities listed in
paragraphs (1)(ii)(A)—(H) of this
definition; or
(ii) Taking any other action that has
no reasonable nexus to radiological
health and safety or the common
defense and security.
*
*
*
*
*
PART 70—DOMESTIC LICENSING OF
SPECIAL NUCLEAR MATERIAL
15. 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, 2297f);
secs. 201, as amended, 202, 204, 206, 88 Stat.
1242, as amended, 1244, 1245, 1246 (42
U.S.C. 5841, 5842, 5845, 5846). Sec. 193, 104
Stat. 2835 as amended by Pub. L. 104–134,
110 Stat. 1321, 1321–349 (42 U.S.C. 2243);
sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504
note); Energy Policy Act of 2005, Pub. L. No.
109–58, 119 Stat. 594 (2005).
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
E:\FR\FM\27JYP1.SGM
27JYP1
Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Proposed Rules
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 70.81 also issued under secs.
186, 187, 68 Stat. 955 (42 U.S.C. 2236, 2237).
Section 70.82 also issued under sec. 108, 68
Stat. 939, as amended (42 U.S.C. 2138).
16. In § 70.4 the definition for the
term ‘‘Commencement of construction’’
is revised and the term ‘‘Construction’’ is
added in alphabetical order to read as
follows:
§ 70.4
Definitions.
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
*
*
*
*
*
Commencement of construction
means taking any action defined as
‘‘construction’’ or any site-preparation
activity at the site of a facility subject to
the regulations in this part that has a
reasonable nexus to:
(1) Radiological health and safety; or
(2) Common defense and security.
*
*
*
*
*
Construction means the installation of
foundations, or in-place assembly,
erection, fabrication, or testing for any
structure, system, or component of a
facility or activity subject to the
regulations in this part that are related
to radiological safety or security. The
term ‘‘construction’’ does not include:
(1) Changes for temporary use of the
land for public recreational purposes;
(2) Site exploration, including
necessary borings to determine
foundation conditions or other
preconstruction monitoring to establish
background information related to the
suitability of the site, the environmental
impacts of construction or operation, or
the protection of environmental values;
(3) Preparation of the site for
construction of the facility, including
clearing of the site, grading, installation
of drainage, erosion and other
environmental mitigation measures, and
construction of temporary roads and
borrow areas;
(4) Erection of fences and other access
control that are not related to the safe
use of, or security of, radiological
materials subject to this part;
(5) Excavation;
(6) Erection of support buildings (e.g.,
construction equipment storage sheds,
warehouse and shop facilities, utilities,
concrete mixing plants, docking and
unloading facilities, and office
buildings) for use in connection with
the construction of the facility;
(7) Building of service facilities (e.g.,
paved roads, parking lots, railroad
spurs, exterior utility and lighting
systems, potable water systems, sanitary
VerDate Mar<15>2010
15:29 Jul 26, 2010
Jkt 220001
sewerage treatment facilities, and
transmission lines);
(8) Procurement or fabrication of
components or portions of the proposed
facility occurring at other than the final,
in-place location at the facility; or
(9) Taking any other action that has
no reasonable nexus to:
(i) Radiological health and safety, or
(ii) Common defense and security.
*
*
*
*
*
17. In § 70.23, paragraph (a)(7) is
revised to read as follows:
§ 70.23 Requirements for the approval of
applications.
(a) * * *
(7) Where the proposed activity is
processing and fuel fabrication, scrap
recovery, conversion of uranium
hexafluoride, uranium enrichment
facility construction and operation, or
any other activity which the NRC
determines will significantly affect the
quality of the environment, the Director
of Nuclear Material Safety and
Safeguards or his designee, before
commencement of construction of the
plant or facility in which the activity
will be conducted, on the basis of
information filed and evaluations made
pursuant to subpart A of part 51 of this
chapter, has concluded, after weighing
the environmental, economic, technical,
and other benefits against
environmental costs and considering
available alternatives, that the action
called for is the issuance of the
proposed license, with any appropriate
conditions to protect environmental
values. Commencement of construction
prior to this conclusion is grounds for
denial to possess and use special
nuclear material in the plant or facility.
*
*
*
*
*
PART 150—EXEMPTIONS AND
CONTINUED REGULATORY
AUTHORITY IN AGREEMENT STATES
AND IN OFFSHORE WATERS UNDER
SECTION 274
18. The authority citation for part 150
continues to read as follows:
Authority: Sec. 161, 68 Stat. 948, as
amended, sec. 274, 73 Stat. 688 (42 U.S.C.
2201, 2021); sec. 201, 88 Stat. 1242, as
amended (42 U.S.C. 5841); sec. 1704, 112
Stat. 2750 (44 U.S.C. 3504 note); Energy
Policy Act of 2005, Pub. L. No. 109–58, 119
Stat. 594 (2005).
Sections 150.3, 150.15, 150.15a, 150.31,
150.32 also issued under secs. 11e(2), 81, 68
Stat. 923, 935, as amended, secs. 83, 84, 92
Stat. 3033, 3039 (42 U.S.C. 2014e(2), 2111,
2113, 2114). Section 150.14 also issued under
sec. 53, 68 Stat. 930, as amended (42 U.S.C.
2073).
Section 150.15 also issued under secs. 135,
141, Pub. L. 97–425, 96 Stat. 2232, 2241 (42
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
43875
U.S.C. 10155, 10161). Section 150.17a also
issued under sec. 122, 68 Stat. 939 (42 U.S.C.
2152). Section 150.30 also issued under sec.
234, 83 Stat. 444 (42 U.S.C. 2282).
19. In § 150.31, paragraph (b)(3)(iv) is
revised to read as follows:
§ 150.31 Requirements for Agreement
State regulation of byproduct material.
*
*
*
*
*
(b) * * *
(3) * * *
(iv) Prohibit commencement of
construction with respect to such
material prior to complying with the
provisions of paragraph (b)(3)(i) through
(iii) of this section. As used in this
paragraph:
(A) The term commencement of
construction means taking any action
defined as ‘‘construction’’ or any sitepreparation activity at the site of a
facility subject to the regulations in this
part that has a reasonable nexus to
radiological health and safety.
(B) The term construction means the
installation of foundations, or in-place
assembly, erection, fabrication, or
testing for any structure, system, or
component of a facility or activity
subject to the regulations in this part
that are related to radiological safety or
security. The term ‘‘construction’’ does
not include:
(1) Changes for temporary use of the
land for public recreational purposes;
(2) Site exploration, including
necessary borings to determine
foundation conditions or other
preconstruction monitoring to establish
background information related to the
suitability of the site, the environmental
impacts of construction or operation, or
the protection of environmental values;
(3) Preparation of the site for
construction of the facility, including
clearing of the site, grading, installation
of drainage, erosion and other
environmental mitigation measures, and
construction of temporary roads and
borrow areas;
(4) Erection of fences and other access
control measures that are not related to
the safe use of or security of radiological
materials subject to this part;
(5) Excavation;
(6) Erection of support buildings (e.g.,
construction equipment storage sheds,
warehouse and shop facilities, utilities,
concrete mixing plants, docking and
unloading facilities, and office
buildings) for use in connection with
the construction of the facility;
(7) Building of service facilities (e.g.,
as paved roads, parking lots, railroad
spurs, exterior utility and lighting
systems, potable water systems, sanitary
sewerage treatment facilities, and
transmission lines);
E:\FR\FM\27JYP1.SGM
27JYP1
43876
Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Proposed Rules
(8) Procurement or fabrication of
components or portions of the proposed
facility occurring at other than the final,
in-place location at the facility; or
(9) Taking any other action which has
no reasonable nexus to radiological
health and safety.
*
*
*
*
*
Dated at Rockville, Maryland, this 21st day
of July 2010.
For the Nuclear Regulatory Commission.
Annette Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2010–18344 Filed 7–26–10; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–0701; Directorate
Identifier 2010–NM–017–AD]
RIN 2120–AA64
Airworthiness Directives; Fokker
Services B.V. Model F.28 Mark 0100
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for the
products listed above that would
supersede an existing AD. This
proposed AD results from mandatory
continuing airworthiness information
(MCAI) originated by an aviation
authority of another country to identify
and correct an unsafe condition on an
aviation product. The MCAI describes
the unsafe condition as:
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
SUMMARY:
Two reports have been received where,
during inspection of the vertical stabilizer of
F28 Mark 0100 aeroplanes, one of the bolts
that connect the horizontal stabilizer control
unit actuator with the dog-links was found
broken (one on the nut side & one on the
head side). In both occasions, the bolt shaft
was still present in the connection and
therefore the horizontal stabilizer function
was not affected. If a single dog-link
connection fails, the complete stabilizer load
is taken up by the remaining dog-link
connection. * * *
To address and correct this unsafe
condition EASA [European Aviation Safety
Agency] issued AD 2007–0287
[corresponding FAA AD 2008–22–14] that
required a one-time inspection of the affected
bolts, * * * and replacement of failed bolts
with serviceable parts. EASA AD 2007–0287
also required the installation of a tie wrap
through the lower bolts of the horizontal
stabilizer control unit, to keep the bolt in
place in the event of a bolt head failure.
VerDate Mar<15>2010
15:29 Jul 26, 2010
Jkt 220001
Recent examination revealed that the bolts
failed due to stress corrosion, attributed to
excessive bolt torque. Investigation of the
recently failed bolts showed that the
modification as required by AD 2007–0287 is
not adequate.
street address for the Docket Operations
office (telephone (800) 647–5527) is in
the ADDRESSES section. Comments will
be available in the AD docket shortly
after receipt.
*
FOR FURTHER INFORMATION CONTACT:
*
*
*
*
Loss of horizontal stabilizer function
could result in partial loss of control of
the airplane. The proposed AD would
require actions that are intended to
address the unsafe condition described
in the MCAI.
DATES: We must receive comments on
this proposed AD by September 10,
2010.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–40, 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
For the Fokker service information
identified in this proposed AD, contact
Fokker Services B.V., Technical
Services Dept., P.O. Box 231, 2150 AE
Nieuw-Vennep, the Netherlands;
telephone +31 (0)252–627–350; fax +31
(0)252–627–211; e-mail technical
services.fokkerservices@stork.com;
Internet https://www.myfokkerfleet.com.
For the Goodrich service information
identified in this proposed AD, contact
Goodrich Corporation, Landing Gear,
1400 South Service Road, West Oakville
L6L 5Y7, Ontario, Canada; telephone
905–825–1568; e-mail
jean.breed@goodrich.com; Internet
https://www.goodrich.com/TechPubs.
You may review copies of the
referenced service information at the
FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton,
Washington. For information on the
availability of this material at the FAA,
call 425–227–1221.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
Tom
Rodriguez, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–1137; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2010–0701; Directorate Identifier
2010–NM–017–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD based on those comments.
We have lengthened the 30-day
comment period for proposed ADs that
address MCAI originated by aviation
authorities of other countries to provide
adequate time for interested parties to
submit comments. The comment period
for these proposed ADs is now typically
45 days, which is consistent with the
comment period for domestic transport
ADs.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
On October 9, 2008, we issued AD
2008–22–14, Amendment 39–15710 (73
FR 70261, November 20, 2008). That AD
required actions intended to address an
unsafe condition on the products listed
above.
Since we issued AD 2008–22–14, we
have received information that the
actions required in AD 2008–22–14 are
insufficient to prevent the unsafe
condition from occurring. The European
Aviation Safety Agency (EASA), which
is the Technical Agent for the Member
States of the European Community, has
issued EASA Airworthiness Directive
2009–0216, dated October 7, 2009
(referred to after this as ‘‘the MCAI’’), to
correct an unsafe condition for the
specified products. The MCAI states:
E:\FR\FM\27JYP1.SGM
27JYP1
]]>Agencies
[Federal Register Volume 75, Number 143 (Tuesday, July 27, 2010)]
[Proposed Rules]
[Pages 43865-43876]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18344]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 /
Proposed Rules
[[Page 43865]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 30, 36, 39, 40, 51, 70, and 150
[NRC-2010-0075]
RIN 3150-AI79
Licenses, Certifications, and Approvals for Material Licensees
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend
its regulations by revising the provisions applicable to the licensing
and approval processes for byproduct, source and special nuclear
material licenses, and irradiators. The proposed changes would clarify
the definitions of ``construction'' and ``commencement of
construction'' with respect to materials licensing actions instituted
under the NRC's regulations. In addition, this action also contains a
correction to a typographical error. The NRC is undertaking this
rulemaking action to conform its regulations to the scope of its
regulatory authority under the Atomic Energy Act of 1954, as amended
(AEA), to improve the effectiveness and efficiency of the licensing and
approval processes for future applications, as well as resolve certain
inconsistencies that currently exist within the NRC's regulations with
respect to the use and definition of the terms ``construction'' or
``commencement of construction'' for certain materials licensees.
DATES: Submit comments by September 27, 2010. Comments received after
this date will be considered if it is practical to do so, but the NRC
is able to assure consideration only for comments received on or before
this date.
ADDRESSES: Please include Docket ID NRC-2010-0075 in the subject line
of your comments. For instructions on submitting comments see Section I
of this document, for accessing documents related to this action, see
Section V in the SUPPLEMENTARY INFORMATION section of this document.
You may submit comments by any one of the following methods.
Federal Rulemaking Web Site: Go to https://www.regulations.gov and
search for documents filed under Docket ID NRC-2010-0075. Address
questions about NRC dockets to Carol Gallagher, telephone 301-492-3668;
e-mail Carol.Gallagher@nrc.gov.
Mail comments to: Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
E-mail comments to: Rulemaking.Comments@nrc.gov. If you do not
receive a reply e-mail confirming that we have received your comments,
contact us directly at 301-415-1966.
Hand Deliver comments to: 11555 Rockville Pike, Rockville, Maryland
20852 between 7:30 a.m. and 4:15 p.m. during Federal workdays
(Telephone 301-415-1966).
Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at
301-415-1101.
FOR FURTHER INFORMATION CONTACT: Ms. Tracey Stokes, Office of the
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1064; e-mail: tracey.stokes@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Submitting Comments
II. Background
III. Discussion
IV. Discussion of Proposed Amendments by Section
V. Availability of Documents
VI. Agreement State Compatibility
VII. Plain Language
VIII. Voluntary Consensus Standards
IX. Environmental Impact--Categorical Exclusion
X. Paperwork Reduction Act Statement
XI. Regulatory Analysis
XII. Regulatory Flexibility Certification
XIII. Backfit Analysis
I. Submitting Comments
Comments submitted in writing or in electronic form will be posted
on the NRC Web site and on the Federal rulemaking Web site https://www.regulations.gov. Because your comments will not be edited to remove
any identifying or contact information, the NRC cautions you against
including any information in your submission that you do not want to be
publicly disclosed. The NRC requests that any party soliciting or
aggregating comments received from other persons for submission to the
NRC inform those persons that the NRC will not edit their comments to
remove any identifying or contact information, and therefore, they
should not include any information in their comments that they do not
want publicly disclosed.
II. Background
On December 11, 2008, following a briefing on uranium recovery
activities by the NRC staff and representatives from the U.S.
Environmental Protection Agency, the U.S. Department of the Interior,
Bureau of Land Management, the Navajo Nation, Acoma Pueblo, Wyoming
Department of Environmental Quality, New Mexico Environment Department,
Navajo Allottees, National Mining Association, International Forum on
Sustainable Options for Uranium Production, and the Natural Resources
Defense Council, the Commission issued a January 8, 2009, Staff
Requirements Memorandum (ADAMS Accession No. ML090080206) directing
staff to provide the Commission with a proposed rulemaking to revise 10
CFR 40.32, ``General requirements for issuance of specific licenses,''
to determine whether limited work authorization (LWA) provisions are
appropriate for uranium in-situ recovery facilities.
During the briefing, a concern was noted regarding the inability of
part 40 licensees and applicants to engage in site preparation
activities (e.g., clearing land, site grading and erosion control, and
construction of main access roadways, non-security related guardhouses,
utilities, parking lots, or administrative buildings not used to
process, handle or store classified information) given the broad
prohibition against construction in Sec. 40.32(e). Currently, 10 CFR
40.32(e) prohibits an applicant for a license for a uranium enrichment
facility or for a license to possess and use source and byproduct
materials for uranium milling, production of uranium hexafluoride, or
for any other activity requiring NRC authorization from commencing
construction of the plant or facility in which the activity will be
conducted before the NRC's decision to issue the proposed license. For
the purposes of this section, the term ``commencement of construction''
is defined generally as
[[Page 43866]]
meaning any clearing of land, excavation, or other substantial action
that would adversely affect the environment of a site. Section 40.32(e)
clarifies that ``commencement of construction'' is not intended to mean
site exploration, construction of roads necessary for site exploration,
borings to determine foundation conditions, or other pre-construction
monitoring or testing to establish background information related to
the suitability of the site or the protection of environmental values.
Similar prohibitions on construction exist with respect to 10 CFR parts
30, 36, and 70.
Currently, a part 40 licensee or applicant may only engage in site
preparation activities beyond site exploration if the applicant or
licensee requests, and is granted, either a specific license to conduct
such activities under part 40, or an exemption from Sec. 40.32(e).
Although the staff indicated that exemptions from 10 CFR 40.32(e) have
been utilized in the past to allow site preparation activities prior to
licensing, and that appropriate exemptions continue to be an available
alternative for applicants, the Commission noted during the December
11, 2008, briefing that this manner of regulation was inappropriate for
long-term resolution of the issue. Following the briefing, the
Commission received a letter from the Nuclear Energy Institute (NEI)
dated March 3, 2009, in which NEI expressed its support of the
Commission's memorandum directing staff to initiate a rulemaking
regarding 10 CFR 40.32 (ADAMS Accession No. ML090710372).
III. Discussion
On October 9, 2007 (72 FR 57416; corrected at 73 FR 22786 (April
28, 2008)), the NRC issued a final rule amending the regulation
defining ``construction'' for utilization and production facilities and
amending the requirements applicable to limited work authorizations
(LWAs) for nuclear power plants (LWA rulemaking). (ADAMS Accession Nos.
ML071210205 and ML081050554). As part of that rulemaking, the
Commission revised the scope of activities that are considered
construction for which a construction permit, combined license, or LWA
is necessary; specified the scope of construction activities that may
be performed under an LWA; and changed the review and approval process
for LWA requests. The NRC's revised definition for ``construction''
expressly excludes site exploration; preparation of the site for
construction of a facility (e.g., clearing of the site, grading,
installation of drainage, erosion and other environmental mitigation
measures, and construction of temporary roads and borrow areas);
erection of fences and other access control measures; excavations;
erection of support buildings for use in connection with the
construction of the facility; building of service facilities;
procurement or fabrication of components or portions of the proposed
facility occurring at other than the final, in-place location at the
facility; as well as some activities that are nuclear power reactor
specific. In undertaking the LWA rulemaking (October 9, 2007; 72 FR
57416), the NRC recognized that the AEA does not authorize the NRC to
require an applicant to obtain permission before undertaking site
preparation activities, of the type listed above, that do not implicate
radiological health and safety or common defense and security
considerations.
The Atomic Energy Commission (AEC) (the NRC's predecessor agency)
prohibited pre-licensing construction of nuclear power plants in the
agency's initial 1960 definition of construction for production and
utilization facilities (25 FR 8712; September 9, 1960). On March 21,
1972 (37 FR 5745), the AEC expanded its definition of construction and
developed the LWA process, whereby applicants for nuclear power plant
licenses were permitted to engage in site preparation activities,
including excavation and other on-site activities before a construction
permit was issued. The AEC's 1972 rulemaking was a direct result of the
enactment of the National Environmental Policy Act of 1969 (NEPA), and
the Commission's implementation of that statute.\1\ The LWA process
remained largely unchanged until the 2007 LWA rulemaking.
---------------------------------------------------------------------------
\1\ See Carolina Power and Light Co. (Shearon Harris Nuclear
Power Plant, Units 1, 2, 3 & 4), CLI-74-22, 7 AEC 939, 943 (1974).
See also Kansas Gas and Electric Co. (Wolf Creek Nuclear Generating
Station, Unit 1), CLI-77-1, 5 NRC 1, 5 (1977).
---------------------------------------------------------------------------
The NRC's regulations for materials licenses do not provide for
pre-licensing construction activities of the type allowed parts 50 and
52 applicants. Prior to 1971, the AEC prohibited the construction of
materials facilities prior to the agency's decision to issue a license.
Initially the AEC required that any application for a Part 70 plutonium
processing and fuel fabrication plant be filed at least six months
prior to the beginning of plant construction. (36 FR 17573; September
2, 1971). The intent behind this requirement was to allow the AEC an
opportunity to conduct a pre-construction review to determine whether
the applicant's design basis for the principal structures, systems and
components, and its quality assurance program provided reasonable
assurance of protection against natural phenomena and the consequences
of potential accidents. (36 FR 9786; May 28, 1971). This regulation was
only applicable to plutonium processing and fuel fabrication
applicants.
Thereafter, on December 1, 1971 (36 FR 22848), the AEC published
notice of its intent to redefine the term ``commencement of
construction'' as that term was then applied to part 50 production and
utilization facilities subject to then Appendix D of part 50. By the
same notice, the AEC indicated that it was also considering the
adoption of similar amendments to parts 30, 40, and 70 that would
provide for NRC environmental review prior to commencement of
construction of materials licensee plants and facilities. The proposed
amendments introduced to parts 30, 40, and 70 a new definition of
``commencement of construction;'' required that applications for
materials licenses under these parts be filed at least 9 months prior
to commencement of construction of plants or facilities in which the
licensed activates will be conducted; and added as a condition of
issuance of the requested license that the AEC staff had made a
favorable environmental review determination prior to commencement of
construction of such plants or facilities. The AEC subsequently revised
these regulations (38 FR 5745; March 21, 1972) and provided a mechanism
for AEC exemptions to allow the continuation of site preparation and
construction activities begun prior to the effective date of the
proposed amendments, provided that such activities were conducted so as
to minimize their environmental impact, and to conform the time for
filing applications for plutonium process and fuel fabrication plants
to 9 months prior to commencement of construction.
In response to the requirements imposed by the Uranium Mill
Tailings Radiation Control Act of 1978 (UMTRCA), the NRC again amended
part 40 to require that a final environmental assessment be completed
by the NRC prior to commencement of construction of a mill that
produces byproduct material (45 FR 65521; October 3, 1980). In reaching
this decision, the NRC noted that,
[M]illing results in the production of large quantities of
byproduct material as tailings per year. When construction of a mill
commences, nearly irrevocable commitments are made regarding
tailings disposal. Given that each mill tailings pile constitutes a
low-level waste burial site containing long-lived radioactive
materials, the Commission believes that prudence requires that
specific
[[Page 43867]]
methods of tailings disposal, mill decontamination, site
reclamation, surety arrangements, and arrangements to allow for
transfer of site and tailings ownership be worked out and approved
before a license is granted.
Id. at 65529. The NRC concluded that commencement of construction of
other types of plants and facilities in which byproduct, source, and
special nuclear materials are used and possessed would also result in
similar commitments of resources, and accordingly, the NRC amended
parts 30 and 70 to conform to the amendments effectuated in part 40.
The October 9, 2007 (72 FR 57416, 57427) LWA rulemaking examined
the nature and extent of the NRC's responsibilities under NEPA, and
based upon that evaluation the NRC revised the definition of
construction in 10 CFR 50.10 to expressly exclude certain activities.
The NRC determined that its NEPA obligations and responsibilities arise
only when the Commission undertakes a Federal action within the
agency's statutory responsibility. Specifically, the NRC noted that
NEPA, a procedural statute, does not expand the NRC's jurisdiction
beyond the scope of the AEA. Id. The NRC further determined that,
[W]hile NEPA may require the NRC to consider the environmental
effects caused by the exercise of its permitting/licensing
authority, the statute cannot be the source of the expansion of the
NRC's authority to require * * * other forms of permission for
activities that are not reasonably related to radiological health
and safety or protection of the common defense and security. Since
NEPA cannot expand the Commission's * * * authority under the AEA,
the elimination of the blanket inclusion of site preparation
activities in the [then existing] definition of construction does
not violate NEPA.
71 FR 61330, 61332; (October 17, 2006); see also 72 FR 57416, 57427
(October 9, 2007). In light of the foregoing, the NRC amended its
definition of construction in Sec. 50.10 and its NEPA regulations in
10 CFR part 51 to include a definition of construction that was
consistent with the Sec. 50.10 definition and the NRC's authority
under the AEA. Given the NRC's determination that site preparation
activities did not constitute construction, the NRC provided that the
effects of these activities would only be considered in order to
establish a baseline against which the incremental effect of the
subsequent major Federal action (i.e., the Commission's issuance of a
license) would be measured.
Since the completion of the LWA rulemaking, which added to part 51
a definition of ``construction,'' the NRC's definition of what
constitutes construction for material licenses in Parts 30, 36, 40, 70,
and 150 has been inconsistent with the definition the NRC established
in parts 50, 51, and 52. Activities that do not constitute construction
under 10 CFR parts 50, 51, and 52, are currently classified as
construction under 10 CFR parts 30, 36, 40, 70, and 150. Accordingly,
the site preparation activity from which a materials license applicant
or licensee is currently prohibited from engaging, are the same
activities that the NRC determined in the LWA rulemaking were not
within the scope of the agency's licensing review. As was indicated
during the Commission's December 2008 briefing, materials applicants
and licensees, as well as the NRC's staff, have struggled with the
inconsistency that currently exists within the NRC's regulations.
Staff and materials license applicants have been reconciling the
contrary regulatory definitions through the exemption process. But
given the agency's position on the scope of its AEA authority, the NRC
believes that the regulatory provisions themselves should be
reconciled, furthering regulatory efficiency and economy. Accordingly,
the NRC proposes to implement conforming amendments in 10 CFR parts 30,
36, 40, and 70 that would establish a consistent definition of
``construction'' or ``commencement of construction.'' Within the
proposed definition of commencement of construction for 10 CFR parts
30, 36, 40, and 70, the NRC has included any activity that has a
reasonable nexus to the radiological health and safety or the common
defense and security with the purpose of ensuring that the types of
site preparation activities instituted pursuant to the revised
regulation do not consist of activities that are related to
radiological safety, radiological controls, physical protection or
information security. For example, in Sec. 51.4, the exclusion of
fences and other access control measures from the definition of
construction does not pertain to those fences and controls intended to
secure and protect radiological materials, but rather to those fences
and controls intended to protect the integrity of the site during the
preparation activities. The NRC requests comments on its proposal to
align the terms ``construction'' and ``commencement of construction''
within major licensing parts of its regulations.
The NRC is aware that some interested entities have suggested that
an LWA process, similar to that promulgated for 10 CFR parts 50 and 52
licensees, should be developed for materials applicants and licensees.
However, upon review, it is not clear at this time that an LWA process
applicable to materials licenses is appropriate, or even necessary. A
review of recent requests for exemption from the construction
prohibition shows that most requests would have been rendered
unnecessary by a materials construction definition that conforms to
Part 51. It is unclear whether the licensing process for materials
licenses would be enhanced by an LWA process that allows some safety or
security-related construction to occur in advance of the license, or
whether an LWA process might be more appropriate for larger materials
facilities, such as uranium in situ recovery facilities or uranium
enrichment facilities.
Furthermore, given the NRC's explicit statement in 1980 of the
breadth of issues that should be resolved prior to constructing parts
30, 40, and 70 facilities,\2\ there is some question as to whether an
LWA process is appropriate in the context of materials licensing, which
would permit safety or security-related construction to occur prior to
a conclusion that a license should be issued. In the UMTRCA-related
rulemaking, the NRC found that construction activities at plants and
facilities in which source or byproduct materials are possessed and
used for the production of uranium hexafluoride and commercial waste
disposal by land burial should not precede the environmental review as
they ``are likely to result in [irrevocable and/or irretrievable]
environmental impacts, the propriety of which cannot be ascertained
until [the Part 51] environmental appraisals are completed and
documented.'' (45 FR 65521, 65529; October 3, 1980). Accordingly, the
NRC is not including in the proposed rule language an LWA process for
10 CFR parts 30, 36, 40, or 70 licensees and applicants, and to the
extent that an applicant for a 10 CFR parts 30, 36, 40, or 70 license
wishes to perform site activities that are related to radiological
health and safety or preservation of the common defense and security,
the applicant would be prohibited from doing so under the proposed rule
until the NRC has completed its environmental review and concluded that
a license should be issued. Nevertheless, the NRC invites comments on
the utility of an LWA process for 10 CFR parts 30, 36, 40, and 70,
including whether such a process would be appropriate for all, or
merely some, materials licenses.
---------------------------------------------------------------------------
\2\ See UMTRCA Rulemaking, 45 FR 65521, 65529 (October 3, 1980).
---------------------------------------------------------------------------
The revisions proposed in this rulemaking would have the effect of
[[Page 43868]]
providing a definition of ``construction'' that is consistent
throughout the NRC's regulations and within the scope of the NRC's
environmental review conducted under the part 51 definition of
``construction.'' Exemptions would no longer be necessary for certain
site preparation activities currently undertaken by materials license
applicants. Currently, the NRC's regulations in part 51 require that an
applicant for a materials license, license amendment, or license
renewal submit an environmental report with its application. The NRC's
regulations further dictate the nature and scope of the NRC's
environmental assessment. Those provisions are not being revised by
this rulemaking. The instructive provisions in part 51 would continue
to remain applicable.
Currently, to the extent that a potential applicant, an applicant,
or a licensee engages in activities that the NRC has indicated do not
constitute construction subject to NRC regulation, the entity does so
at its own risk, as such activity does not presume that the NRC will
conclude that a license should be issued upon completion of its review.
This is consistent with the underlying concept that these site
preparation activities do not result from Federal approval of
activities within the responsibility of the NRC under the AEA and,
therefore, they will have relevance to the NRC action only to the
extent that the impacts of those activities influence an analysis of
any subsequent licensing action's cumulative environmental impacts.
The NRC is also proposing a typographical correction to the
regulations in 10 CFR 39.13(a). Part 39 was issued March 17, 1987 (52
FR 8225), by the NRC to specify radiation safety requirements for the
use of licensed material in well-logging operations. Section 39.13(a)
directs applicants for a specific license for well logging to satisfy
the general requirements in Sec. 30.33 for byproduct material, Sec.
40.32 for source material, and Sec. 70.33 for special nuclear
material. However, Sec. 70.33 pertains to renewal of licenses and not
to general requirements for special nuclear material licensing. The
general requirements regulation for special nuclear material licenses
is in Sec. 70.23. The reference to Sec. 70.33 in the current version
of Sec. 39.13(a) is the result of a typographical error, and the NRC
is proposing to correct Sec. 39.13(a) so that the reference for the
general requirements for special nuclear material licenses will refer
to Sec. 70.23.
IV. Discussion of Proposed Amendments by Section
Section 30.4 Definitions.
In 2007, the NRC added a definition for the term ``construction''
in 10 CFR part 51, ``Environmental protection regulations for domestic
licensing and related regulatory functions,'' to exclude certain site
preparation activities from the definition. The NRC's decision to
exclude these site preparation activities from the definition of
construction was based upon the NRC's determination that these
activities lacked a reasonable nexus to radiological health and safety
or common defense and security considerations. This determination is
equally applicable to the licensing actions in part 30, which are
subject to the NEPA implementing regulations in part 51, including the
part 51 definition for ``construction.'' Accordingly, this section
would be revised to add a definition for ``construction'' and conform
the definition for ``commencement of construction'' to be consistent
with the concepts used to define ``construction'' in 10 CFR 51.4,
recognizing those activities the Commission has already determined do
not affect, as a general matter, radiological health and safety or
common defense and security.
Section 30.33 General requirements for issuance of specific licenses.
In this section, paragraph (a)(5) would be revised to delete the
definition of ``commencement of construction'' contained in the last
two sentences of the paragraph.
Section 36.2 Definitions.
In 2007, the NRC revised the definition for the term ``commencement
of construction'' in 10 CFR part 51, ``Environmental protection
regulations for domestic licensing and related regulatory functions,''
to exclude certain site preparation activities from the definition. The
NRC's decision to exclude these activities from the definition of
construction was based upon the NRC's determination that these
activities lacked a reasonable nexus to radiological health and safety
or common defense and security considerations. This section would be
revised to add definitions for ``construction'' and ``commencement of
construction'' to be consistent with the definition adopted by the NRC
in 10 CFR 51.4.
Section 36.13 Specific licenses for irradiators.
In this section, paragraph (a) would be revised to exclude Sec.
30.33(a)(5) as a requirement for an applicant to receive a specific
license under this part. Currently Sec. 36.13(a) provides that an
applicant for a part 36 license shall satisfy both the general
requirements in Sec. 30.33 and the requirements in part 36. Section
30.33(a)(5) contains the provision regarding commencement of
construction. Section 36.15 of the existing regulations also addresses
a part 36 applicant's or licensee's obligations with respect to the
commencement of construction. The prohibition on the commencement of
construction imposed by Sec. 36.15 varies from that required by Sec.
30.33(a)(5), so that the current language in Sec. 36.13(a) creates a
conflict. The proposed amendment would resolve the matter to make it
clear that the part 36 requirements are applicable to the part 36
licensee.
Section 36.15 Commencement of construction.
This section would be revised to modify references from ``start of
construction'' to ``commencement of construction'' to create
consistency in the terminology used in the NRC's regulations.
Additionally, given the proposed insertion of a revised definition for
``commencement of construction'' in Sec. 36.2, the definition of
``construction'' in this section would be deleted.
Section 39.13 Specific licenses for well-logging.
In this section, paragraph (a) would be revised to correct a
typographical error. The reference to Sec. 70.33 would be revised to
read Sec. 70.23.
Section 40.4 Definitions.
In 2007, the NRC added a definition for the term ``construction''
in 10 CFR part 51, ``Environmental protection regulations for domestic
licensing and related regulatory functions,'' to exclude certain site
preparation activities from the definition. The NRC's decision to
exclude these activities from the definition of construction was based
upon the NRC's determination that these activities lacked a reasonable
nexus to radiological health and safety or common defense and security
considerations. This determination is equally applicable to the
licensing actions in part 40, which are subject to the NEPA
implementing regulations in part 51, including the part 51 definition
for ``construction.'' Accordingly, this section would be revised to add
a definition for ``construction'' and conform the definition for
``commencement of construction'' to be
[[Page 43869]]
consistent with the definition of ``construction'' in 10 CFR 51.4.
Section 40.32 General requirements for issuance of specific licenses.
In this section, paragraph (e) would be revised to delete the
definition of ``commencement of construction'' contained in the last
two sentences of the paragraph.
Section 51.4 Definitions.
The existing definition in this section for the term
``construction'' was added to address part 50 nuclear power reactor
licenses, and allows for possible pre-license construction through a
limited work authorization that is available to part 50 applicants, but
contains language that is not, by its terms, limited to part 50
licensees. A comparable limited work authorization is not being
proposed for materials licenses. The result is that commencement of
construction provisions in parts 30, 40, and 70 refer the staff to part
51 for an environmental review based on activities not included in the
part 51 definition of construction. To resolve these inconsistencies,
the definition of ``construction'' would be revised to distinguish
between a part 50 licensing action and a materials licensing action.
This section would be revised to add a paragraph defining
``construction'' for materials licenses.
Section 70.4 Definitions.
In 2007, the NRC added a definition for the term ``construction''
in 10 CFR part 51, ``Environmental protection regulations for domestic
licensing and related regulatory functions,'' to exclude certain site
preparation activities from the definition. The NRC's decision to
exclude these activities from the definition of construction was based
upon the NRC's determination that these activities lacked a reasonable
nexus to radiological health and safety or common defense and security
considerations. This determination is equally applicable to the
licensing actions in Part 70, which are subject to the NEPA
implementing regulations in Part 51, including the Part 51 definition
for ``construction.'' Accordingly, this section would be revised to add
a definition for ``construction'' and conform the definition for
``commencement of construction'' to be consistent with the definition
of ``construction'' in 10 CFR 51.4.
Section 70.23 Requirements for the approval of applications.
In this section, paragraph (a)(7) would be revised to delete the
definition of ``commencement of construction'' contained in the last
two sentences of the paragraph.
Section 150.31 Requirements for Agreement State regulation of byproduct
material.
In this section, paragraph (b)(3)(iv) would be revised to modify
and conform the definition for ``commencement of construction'' to that
proposed in parts 30, 40, and 70, such that the Agreement State meaning
is consistent with that of the NRC.
V. Availability of Documents
You can access publicly available documents related to this
document, including the following documents, using the following
methods:
NRC's Public Document Room (PDR): The public may examine and have
copied for a fee publicly available documents at the NRC's PDR, Room O-
1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland.
NRC's Agencywide Documents Access and Management System (ADAMS):
Publicly available documents created or received at the NRC are
available electronically at the NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain
entry into ADAMS, which provides text and image files of NRC's public
documents. If you do not have access to ADAMS or if there are problems
in accessing the documents located in ADAMS, contact the NRC's PDR
reference staff at 1-800-397-4209, or 301-415-4737, or by e-mail to
PDR.Resource@nrc.gov.
Federal Rulemaking Web Site: Public comments and supporting
materials related to this proposed rule can be found at https://www.regulations.gov by searching on Docket ID NRC-2010-0075.
----------------------------------------------------------------------------------------------------------------
Document PDR Web ADAMS NRC Staff
----------------------------------------------------------------------------------------------------------------
Staff Requirements Memorandum--Briefing on Uranium Recovery, X X ML090080206 X
January 9, 2009...............................................
Letter from the Nuclear Energy Institute dated March 3, 2009... X X ML090710372 X
Limited Work Authorizations for Nuclear Power Plants; Final X X ML081050554 X
Rule; Correction, April 28, 2008 (73 FR 22786) (Docket ID NRC-
2008-0222)....................................................
Limited Work Authorizations for Nuclear Power Plants; Final X X ML071210205 X
Rule, October 9, 2007 (72 FR 57416) (Docket ID NRC-2008-0222).
----------------------------------------------------------------------------------------------------------------
VI. Agreement State Compatibility
Under the ``Policy Statement on Adequacy and Compatibility of
Agreement State Programs'' which became effective on September 3, 1997
(62 FR 46517), NRC program elements (including regulations) are placed
into compatibility categories A, B, C, D, NRC, or adequacy category,
Health and Safety (H&S). Category A includes program elements that are
basic radiation protection standards or related definitions, signs,
labels, or terms necessary for a common understanding of radiation
protection principles and should be essentially identical to those of
NRC. Category B includes program elements that have significant direct
transboundary implications and should be essentially identical to those
of the NRC.
Compatibility Category C are those program elements that do not
meet the criteria of Category A or B, but the essential objectives of
which an Agreement State should adopt to avoid conflict, duplication,
gaps, or other conditions that would jeopardize an orderly pattern in
the regulation of agreement material on a nationwide basis.
Compatibility Category D are those program elements that do not meet
any of the criteria of Category A, B, or C, and do not need to be
adopted by Agreement States. Compatibility Category NRC are those
program elements that address areas of regulation that cannot be
relinquished to Agreement States pursuant to the AEA or provisions of
Title 10 of the Code of Federal Regulations and should not be adopted
by Agreement States. Category H&S are program elements that are not
required for compatibility, but have a particular health and safety
role (e.g., adequacy) in the regulation of agreement material and the
State should adopt the essential objectives of the NRC program
elements.
The NRC has analyzed the proposed rule in accordance with the
procedure established within Part III, ``Categorization Process for NRC
Program Elements,'' of Handbook 5.9 to
[[Page 43870]]
Management Directive 5.9, ``Adequacy and Compatibility of Agreement
State Programs'' (a copy of which may be viewed at https://www.nrc.gov/reading-rm/doc-collections/management-directives/). The proposed
revisions are categorized as follows:
Draft Compatibility Table for Proposed Rule
----------------------------------------------------------------------------------------------------------------
Compatibility category
NRC Regulation section Change Section title -------------------------------------
Existing New
----------------------------------------------------------------------------------------------------------------
30.4........................... Amend............ Definition--Commenceme D................ D.
nt of Construction--
paragraph 1.
30.4........................... New.............. Definition--Commenceme ................. NRC.
nt of Construction--
paragraph 2.
30.4........................... New.............. Definition--Constructi ................. D.
on--paragraphs 1-8
and 9(i).
30.4........................... New.............. Definition--Constructi ................. NRC.
on--paragraph 9(ii).
30.33(a)(5).................... Amend............ General requirements D................ D.
for issuance of
specific licenses.
36.2........................... New.............. Definition--Commenceme ................. D.
nt of Construction--
paragraph 1.
36.2........................... New.............. Definition--Commenceme ................. NRC.
nt of Construction--
paragraph 2.
36.2........................... New.............. Definition--Constructi ................. D.
on--paragraphs 1-8
and 9(i).
36.2........................... New.............. Definition--Constructi ................. NRC.
on--paragraph 9(ii).
36.13(a)....................... Amend............ Specific licenses for H&S.............. H&S.
irradiators.
36.15.......................... Amend............ Commencement of D................ D.
construction.
39.13(a)....................... Amend............ Specific licenses for H&S.............. H&S.
well-logging.
40.4........................... Amend............ Definition--Commenceme C--States with C--States with
nt of Construction-- authority to authority to
paragraph 1. regulate uranium regulate uranium
mill activities mill activities
(11e.(2) (11e.(2)
byproduct byproduct
material). material).
D--States without D--States without
authority. authority.
40.4........................... New.............. Definition--Commenceme ................. NRC.
nt of Construction--
paragraph 2.
40.4........................... New.............. Definition--Constructi ................. C--States with
on--paragraphs 1-8 authority to
and 9(i). regulate uranium
mill activities
(11e.(2)
byproduct
material).
D--States without
authority.
40.4........................... New.............. Definition--Constructi ................. NRC.
on--paragraph 9(ii).
40.32(e)....................... Amend............ General requirements H&S--States with H&S--States with
for issuance of authority to authority to
specific licenses. regulate uranium regulate uranium
mill activities mill activities
(11e.(2) (11e.(2)
byproduct byproduct
material). material).
NRC--States NRC--States
without without
authority. authority.
51.4........................... Amend............ Definitions........... NRC.............. NRC.
70.4........................... Amend............ Definition--Commenceme D................ D.
nt of Construction--
paragraph 1.
70.4........................... New.............. Definition--Commenceme ................. NRC.
nt of Construction--
paragraph 2.
70.4........................... New.............. Definition--Constructi ................. D.
on--paragraphs 1-8
and 9(i).
70.4........................... New.............. Definition--Constructi ................. NRC.
on--paragraph 9(ii).
70.23(a)(7).................... Amend............ Requirements for the NRC.............. NRC.
approval of
applications.
150.31(b)(3)(iv)............... Amend............ Requirements for C--States with C--States with
Agreement State authority to authority to
regulation of regulate uranium regulate uranium
byproduct material. mill activities mill activities
(11e.(2) (11e.(2)
byproduct byproduct
material). material).
D--States without D--States without
authority. authority.
150.31(b)(3)(iv)(A)............ New.............. Requirements for ................. C--States with
Agreement State authority to
regulation of regulate uranium
byproduct material. mill activities
(11e.(2)
byproduct
material).
D--States without
authority.
[[Page 43871]]
150.31(b)(3)(iv)(B)............ New.............. Requirements for ................. C--States with
Agreement State authority to
regulation of regulate uranium
byproduct material. mill activities
(11e.(2)
byproduct
material).
D--States without
authority.
----------------------------------------------------------------------------------------------------------------
VII. Plain Language
The Presidential memorandum dated June 1, 1998, entitled ``Plain
Language in Government Writing'' directed that the Government's writing
be in plain language. This memorandum was published on June 10, 1998
(63 FR 31883). In complying with this directive, the NRC made editorial
changes to improve the organization and readability of the existing
language of the paragraphs being revised. These types of changes are
not discussed further in this document. The NRC requests comments on
this proposed rule specifically with respect to the clarity and
effectiveness of the language used. Comments should be sent to the
address listed under the ADDRESSES heading of the preamble to this
proposed rule.
VIII. Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995,
Public Law 104-113, requires that Federal agencies use technical
standards that are developed or adopted by voluntary consensus
standards bodies unless the use of such a standard is inconsistent with
applicable law or otherwise impractical. The NRC is proposing to
redefine the scope of activities constituting ``construction'' for
materials licenses. The NRC is not aware of any voluntary consensus
standards that address the proposed subject matter of this proposed
rule. The NRC will consider using a voluntary consensus standard if an
appropriate standard is identified. If a voluntary consensus standard
is identified for consideration, the submittal should explain why the
standard should be used.
IX. Environmental Impact--Categorical Exclusion
The NRC has determined that the changes made in this rule to parts
30, 36, 39, 40, 51, 70, and 150 fall within the types of actions
described in categorical exclusions 10 CFR 51.22(c)(1), (c)(2), and
(c)(3)(i). Therefore, neither an environmental impact statement nor an
environmental assessment has been prepared for this regulation.
X. Paperwork Reduction Act Statement
This proposed rule does not contain new or amended information
collection requirements subject to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). Existing information collection requirements
were approved by the Office of Management and Budget, control numbers
3150-0017, 3150-0158, 3150-0130, 3150-0020, 3150-0021, 3150-0009, and
3150-0032.
Public Protection Notification.
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
requirement unless the requesting document displays a currently valid
OMB control number.
XI. Regulatory Analysis
A draft regulatory analysis has not been prepared for this
regulation. This rule amends the NRC's regulations to conform the
definitions of ``construction'' and ``commencement of construction'' as
they appear in parts 30, 36, 40, 70, and 150, to the parts 50, 51, and
52 definitions implemented by the LWA rulemaking, revised to reference
non-nuclear power plant licensees. This amendment does not impose any
new burden or reporting requirements on the licensee or NRC for
compliance. Also, this rule does not involve an exercise of NRC
discretion, and therefore does not necessitate preparation of a
regulatory analysis.
XII. Regulatory Flexibility Certification
In accordance with the Regulatory Flexibility Act (5 U.S.C.
605(b)), the NRC certifies that this rule will not, if promulgated,
have a significant economic impact on a substantial number of small
entities. This proposed rule affects only material licensees. The
companies that apply for a license in accordance with the regulations
affected by this proposed rule do not fall within the scope of the
definition of ``small entities'' set forth in the Regulatory
Flexibility Act or the size standards established by the NRC (10 CFR
2.810).
XIII. Backfit Analysis
The NRC's backfit provisions are found in the regulations at
Sec. Sec. 50.109, 52.39, 52.63, 52.83, 52.98, 52.145, 52.171, 70.76,
72.62, and 76.76. The requirements contained in this proposed rule do
not involve any provisions that would impose backfits on nuclear power
plant licensees as defined in 10 CFR parts 50 or 52, or on licensees
for gaseous diffusion plants, independent spent fuel storage
installations or special nuclear material as defined in 10 CFR parts
70, 72 and 76, respectively, and as such a backfit analysis is not
required. Therefore, a backfit analysis need not be prepared for this
proposed rule to address these classes of entities. With respect to
parts 30, 36, 39, and 40 licensees, the NRC has determined that there
are no provisions for backfit in these parts, and as such, a backfit
analysis need not be prepared for this proposed rule to address these
licensees.
List of Subjects
10 CFR Part 30
Byproduct material, Criminal penalties, Government contracts,
Intergovernmental relations, Isotopes, Nuclear materials, Radiation
protection, Reporting and recordkeeping requirements.
10 CFR Part 36
Byproduct material, Criminal penalties, Nuclear materials,
Reporting and recordkeeping requirements, Scientific equipment,
Security measures.
10 CFR Part 39
Byproduct material, Criminal penalties, Nuclear materials, Oil and
gas exploration--well logging, Reporting and recordkeeping
requirements, Scientific equipment, Security
[[Page 43872]]
measures, Source material, Special nuclear material.
10 CFR Part 40
Criminal penalties, Government contracts, Hazardous materials
transportation, Nuclear materials, Reporting and recordkeeping
requirements, Source material, Uranium.
10 CFR Part 51
Administrative practice and procedure, Environmental impact
statement, Nuclear materials, Nuclear power plants and reactors,
Reporting and recordkeeping requirements.
10 CFR Part 70
Criminal penalties, Hazardous materials transportation, Material
accounting and control, Nuclear materials, Packaging and containers,
Radiation protection, Reporting and recordkeeping requirements,
Scientific equipment, Security measures, Special nuclear material.
10 CFR Part 150
Criminal penalties, Hazardous materials transportation,
Intergovernmental relations, Nuclear materials, Reporting and
recordkeeping requirements, Security measures, Source material, Special
nuclear material.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 553; the NRC is proposing to
adopt the following amendments to 10 CFR parts 30, 36, 39, 40, 51, 70,
and 150.
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); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note);
Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 549 (2005).
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. 30.4, the definition for the term ``Commencement of
construction'' is revised, and the term ``Construction'' is added in
alphabetical order to read as follows:
* * * * *
Sec. 30.4 Definitions.
* * * * *
Commencement of construction means taking any action defined as
``construction'' or any site-preparation activity at the site of a
facility subject to the regulations in this part that has a reasonable
nexus to:
(1) Radiological health and safety; or
(2) Common defense and security.
* * * * *
Construction means the installation of foundations, or in-place
assembly, erection, fabrication, or testing for any structure, system,
or component of a facility or activity subject to the regulations in
this part that are related to radiological safety or security. The term
``construction'' does not include:
(1) Changes for temporary use of the land for public recreational
purposes;
(2) Site exploration, including necessary borings to determine
foundation conditions or other preconstruction monitoring to establish
background information related to the suitability of the site, the
environmental impacts of construction or operation, or the protection
of environmental values;
(3) Preparation of the site for construction of the facility,
including clearing of the site, grading, installation of drainage,
erosion and other environmental mitigation measures, and construction
of temporary roads and borrow areas;
(4) Erection of fences and other access control measures that are
not related to the safe use of, or security of, radiological materials
subject to this part;
(5) Excavation;
(6) Erection of support buildings (e.g., construction equipment
storage sheds, warehouse and shop facilities, utilities, concrete
mixing plants, docking and unloading facilities, and office buildings)
for use in connection with the construction of the facility;
(7) Building of service facilities (e.g., paved roads, parking
lots, railroad spurs, exterior utility and lighting systems, potable
water systems, sanitary sewerage treatment facilities, and transmission
lines);
(8) Procurement or fabrication of components or portions of the
proposed facility occurring at other than the final, in-place location
at the facility; or
(9) Taking any other action that has no reasonable nexus to:
(i) Radiological health and safety, or
(ii) Common defense and security.
* * * * *
3. In Sec. 30.33, paragraph (a)(5) is revised to read as follows:
Sec. 30.33 General requirements for issuance of specific licenses.
(a) * * *
(5) In the case of an application for a license to receive and
possess byproduct material for the conduct of any activity which the
NRC determines will significantly affect the quality of the
environment, the Director, Office of Federal and State Materials and
Environmental Management Program or his designee, before commencement
of construction of the plant or facility in which the activity will be
conducted, on the basis of information filed and evaluations made
pursuant to subpart A of part 51 of this chapter, has concluded, after
weighing the environmental, economic, technical, and other benefits
against environmental costs and considering available alternatives,
that the action called for is the issuance of the proposed license,
with any appropriate conditions to protect environmental values.
Commencement of construction prior to such conclusion shall be grounds
for denial of a license to receive and possess byproduct material in
such plant or facility.
* * * * *
PART 36--LICENSES AND RADIATION SAFETY REQUIREMENTS FOR IRRADIATORS
4. The authority citation for part 36 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).
5. In Sec. 36.2, definitions for the terms ``Commencement of
construction''and ``Construction'' are added in alphabetical order to
read as follows:
Sec. 36.2 Definitions.
* * * * *
Commencement of construction means taking any action defined as
``construction'' or any site-preparation activity at the site of a
facility subject to the regulations in this part that has a reasonable
nexus to:
(1) Radiological health and safety; or
(2) Common defense and security.
Construction means the installation of foundations, or in-place
assembly, erection, fabrication, or testing for any structure, system,
or component of a facility or activity subject to the regulations in
this part that are related
[[Page 43873]]
to radiological safety or security. The term ``construction''does not
include:
(1) Changes for temporary use of the land for public recreational
purposes;
(2) Site exploration, including necessary borings to determine
foundation conditions or other preconstruction monitoring to establish
background information related to the suitability of the site, the
environmental impacts of construction or operation, or the protection
of environmental values;
(3) Preparation of the site for construction of the facility,
including clearing of the site, grading, installation of drainage,
erosion and other environmental mitigation measures, and construction
of temporary roads and borrow areas;
(4) Erection of fences and other access control measures that are
not related to the safe use of, or security of, radiological materials
subject to this part;
(5) Excavation;
(6) Erection of support buildings (e.g., construction equipment
storage sheds, warehouse and shop facilities, utilities, concrete
mixing plants, docking and unloading facilities, and office buildings)
for use in connection with the construction of the facility;
(7) Building of service facilities (e.g., paved roads, parking
lots, railroad spurs, exterior utility and lighting systems, potable
water systems, sanitary sewerage treatment facilities, and transmission
lines);
(8) Procurement or fabrication of components or portions of the
proposed facility occurring at other than the final, in-place location
at the facility; or
(9) Taking any other action that has no reasonable nexus to:
(i) Radiological health and safety, or
(ii) Common defense and security.
* * * * *
6. In Sec. 36.13, paragraph (a) is revised to read as follows:
Sec. 36.13 Specific licenses for irradiators.
* * * * *
(a) The applicant shall satisfy the general requirements specified
in Sec. Sec. 30.33(a)(1)-(4) and 30.33(b) of this chapter and the
requirements contained in this part.
* * * * *
7. Section 36.15 is revised to read as follows:
Sec. 36.15 Commencement of construction.
Commencement of construction of a new irradiator may not occur
prior to the submission to NRC of both an application for a license for
the irradiator and the fee required by Sec. 170.31 of this chapter.
Any activities undertaken prior to the issuance of a license are
entirely at the risk of the applicant and have no bearing on the
issuance of a license with respect to the requirements of the Atomic
Energy Act of 1954 (Act), as amended, and rules, regulations, and
orders issued under the Act.
PART 39--LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL
LOGGING
8. The authority citation for part 39 continues to read as follows:
Authority: Secs. 53, 57, 62, 63, 65, 69, 81, 82, 161, 182, 183,
186, 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. 2073, 2077,
2092, 2093, 2095, 2099, 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); sec. 1704, 112 Stat. 2750 (44
U.S.C. 3504 note).
9. In Sec. 39.13, paragraph (a) is revised to read as follows:
Sec. 39.13 Specific licenses for well logging.
* * * * *
(a) The applicant shall satisfy the general requirements specified
in Sec. 30.33 of this chapter for byproduct material, in Sec. 40.32
of this chapter for source material, and in Sec. 70.23 of this chapter
for special nuclear material, as appropriate, and any special
requirements contained in this part.
* * * * *
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL
10. 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.
