ML20216H185

Final Rules 10CFR1,2,7,9,50,51,52,60,62,72,75,76,100 & 110, Electronic Availability of NRC Public Records & Ending of NRC Local Public Document Room Program

ML20216H185
Person / Time
Issue date:	09/09/1999
From:	NRC
To:
References
FRN-64FR48942, RULE-PR-1, RULE-PR-100, RULE-PR-110, RULE-PR-2, RULE-PR-50, RULE-PR-51, RULE-PR-52, RULE-PR-60, RULE-PR-62, RULE-PR-7, RULE-PR-72, RULE-PR-75, RULE-PR-76, RULE-PR-9 NUDOCS 9910010313
Download: ML20216H185 (15)

Text

108942 Federal Register /Vol. 64, No.174/ Thursday, September 9,1999/ Rules and Regulations NUCLEAR REGULATORY electronically through the Electronic COtetflSSION Reading Room on the NRCInternet Web site, imaged copies of its newly received 10 CPR Parts 1,2,7,9,50,51,52,80, and created publicly available oscial 62,72,75,76,100, and 110 records that are in paper form. However, fun 3156 AOO7 ultimately NRC's newly created omcial records will all be stored in ADAMS Electronic Aveliabluty of NRC Pubuc only in electronic form, and NRC will Recortie and Ending of NRC Local

""i"tata only its pre-ADAMS records as Puhuc Document Room Program Paper copies.Because of budget constraints and $e improved access to AeeNCY: Nuclear Regulatory newly received and created records via Commission.

the NRC Web site under ADAMS, the AcDON: Final rule.

Commission decided to discontinue funding of the LPDR program beyond sussalARY:The Nuclear Regulatory Fiscal Year 1999.

Commission (NRC)is amending its The NRC currently maintains 86 regulations to reflect a change in the LPDRs in the vicinity of nuclear reactor way its records are made available to the and materials licensees: 72 support public. The amendments reflect the power reactors; 2 support gaseous NRC's decision to implement a new diffusion plants: 3 support high-level document mandgement system that will waste repositories; and the remaining 9 permit the electronic storage, retrieval, support ruel-cycle, low-level waste, and and on-line ordering of publicly other facilities. A survey of the facilities available NRC omcial records through where LPDRs are currently located the NRC Web site.

revealed that all but six now provide, or Will rovideInternet access toits

{

EFFECUVE DATE: October 12,1999.

P POR FURDER WPORIAADON CONTACT

• Patrons by the end of1999.

Russell A. Powell, Chief,Information Additionally, altho NRC plans to Services Branch,Information disconunue the LPD program,it has offered each of the current LPDR Management Division, Office of the Chief Information Officer, U.S. Nuclear libraries es opportunity to keep their current LPDR document collections so Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-the pre-ADAMS LPDR collections can 6527, email:RAPlenrc. gov.

continue to be available in the local communities. Of the 86 current LPDRs, supptEaAENTARMPORetADON:

64 have expressed aninterest in The Nuclear Regulatory Commission maintaining their current LPDR

_ (NRC)is amending its lations to document collections aAer the LPDR reflect the use of a new e nic record program is discontinued. The decision kaping system for NRC records.The to accept this offer to transfer ownership NRC is establishing the Agencywide of these collections and the length of Documents Access and Management time they will be maintained will be at System (ADAMS) to provide for the the sole discretion of each library.

electronic submission, storage, and In addition, the Government Printing retrieval of NRC official records. When Office (GPO) has agrood to accept the ADAMS becomes operational, any NRC LPDR microfiche collections that were official secords that are normally not kept by the current LPDR libraries.

publicly available under the apo will place these collections in their Commission's regalations will be Federal Depository Library Program available electronically through (FDLP). This assures the continuation of ADAMS.The zegulations governing at least one LPDR microfiche collection which records are publicly available are in each of the states which now has one.

j unaffected by this final rule. Publicly ADAMS will provide the following i

available records will be accessible added benefits that should preclude or electronically from the ADAMS Public minimize any public concerns regarding Library component on the NRC Web the impact from discontinuing the LPDR j

site, http://www. arc. gov (the Electronic program:

i

' Reading Room).

provido access to new records in full

1. ADAMS laternet access will When ADAMS becomes operational, NRC will discontinue furnishing paper text and image.

and microfiche copies ofits publicly -

2. ADAMS will provide an improved available records to the NRC Public electronic search capability. Under the Document Room (PDR), located in existing system, only the bibliographic Washington, DC, and the LocalPublic indexes and abstracts for most records Document Rooms (LPDRs), located near are available from the online BRS and D l,)

nuclear power plants and other nuclear NUDOCS.

facilities. Under ADAMS, NRC will 3, Some r,ew records will be availableg initially begin==hing available to the public within days instead of the p n 100 0'1 -

(,)\\gh 9910010313 990909 i

~PDR FR

?

(

1 64FR48942 PDR e

Federal Regisler/Vol. 64, No.174 / Thursday, September 9,1999/ Rules and Regulations 48943 two weeks or longer it now takes for

2. Connecticut Yankee Atomic Power requirement that facilities where LPDRs LPDRs to receive microfiche or paper Company (CYAPCO), Dated Afay 20, are currently located provide Internet copics cf new accessions.

1999 access.

4. Internet public access to the NRC Comment: CYAPCO fully supports the C mment: Whose responsibility is it to s nse: Th isioIa to [o Web site will provide direct access to a NRC's initiative to implement a new er much broader range of the public than document management system that u LPDR or any other public c or just to those who, because of thmr close would permit the electronic storage, proximity, have access to the PDR and retrieval, and on.hne ordering of educational library provides and/or Mew a m n w &

LPDRs' publicly available NRC official records through the NRC Web site.

NRC,s j.unsdiction. However, under the The NRC PDR will still have pro-Hesponse: NRC considers this Telecommunications Act of 1996, the ADAMS paper and microfiche records comment supportive of the rule and it Federal government is supporting on site and av lable to the public for reauires no further response.

Internet access from public libraries and a

viewing and copying. The PDR will also

(;omment: CYAPCO also supports schools through fees collected under have computer t trminals available for expanded use of ADAMS for electronic regulations issued by the r deral e

the public to access new documents on licensee submittals and agency Communications Commission.

the NRC Web site. The public will still documents for docketed Likewise, many States have programs be able to obtain paper copies of new correspondence.

supporting Internet access fram public electronic records by printing them from desponse: NRC considers this libraries.

the NRC Internet Web site, by ordering comment supportive of the rule and it Co.r:nent: Has it been determined tham for a fee from the PDR directly requires no further response.

that such Internet access is Y2K irgm the NRC Web site, or by using compliant? If not, when will Y2K current ordering methods. The current 1 St te of #lin is, Depadment of compliance be determined?

cear fq S), Dated Afay 27, Response: NRC has no jurisdiction methods are: in-person at the PDR, mail, 1999 e-mail, fax or by calling the PI)R over Internet e.ccess at any of its current Reference Services on the toll free 800 Comment:lDNS supports the LPDR library facilities, including telephone number. Bibliographic expanded availability of NRC records whether or not such access is Y2K descriptions of documents currently through the NRC Web site. This should compliant.

identified in the PDR's Bibliographic facilitate greater public access to tne Retrieval System (DRS) r d in NUDOCS records and cost savings to NRC.

4. Lynn Connor, Podland, Oregon, will be posted on the NRC Web site, NeSPonse: NRC considers this Dated June 15,1999 This will also allow the public to order comment supportive of the rule and it Comment:1 believe it is impossible to copies of pre-ADAMS paper and rQuires no further response.

provide any meaningful comment on a microfiche records. The public will also mment: Will documents relating to system that is not yet operational and have access to the NRC Web site from Part 30 and Part 40 licenses be available for which there is very little pubh,c n the NRC's Web site?

information available on how it will any com uter with Internet access, and will be a le to download the records to RcSPonse: Yes, publicly available work.

documents received or created after the Response: NRC acknowledges this the computer they are using for Iirintin8 implementation of ADAMS, relating to comment and believes that sufficient or other supported functions.

part 30 and part 40 licenses will be information has been provided Pubhic Comment Summary available on the NRC's Web site, regarding the planned operation of the Documents prior to the implementation new system.

De NRC published a proposed rule of ADAMS, will not routinelv be placed rhA Ae s, A b, Utah, Dated on my 7,399 (64 FR 2453t). In into the ADAMS system, but'they can be fune 21,1999 resporus, the NRC rec-ived ten identified from the legacy systems comments from the public. The indexes available online in the ADAMS Comment:TM NRC should maintain comments are addressed individually Electronic Reading hoom and ordered at least one LPDR in each s'ite that below:

from the PDR: or, if convenient, can be currently has an LPDR.

accessed on the microfiche at one of the

'le8Ponse:Of the 73 LPDRs that have

1. Afartha Dibblee, Received via Email libraries that has retained the LPDR microfiche,54 have agreed to keep their AI 7##'#999 record collection. Those libraries and collections and the remaining 19 will be Comment:lf you eliminate the public their locations will be identified on the transferred to the GPO Federal document room and put it on the NRC Web site.

Depository Library Program, assuring Internet (which I believe is a wonderful comment: NRC, not licensees, will be the contmuation of at least one LPDR idea since I use the Internet) the rule or responsible for imaging paper copios collection in each of the states which an appendix should include a list of into electronic form. Is this correct?

now has one. 'l he libraries that public libraries in the U.S.

II w will NRC handle oversize currently house the collections to be documents?

relocated will receive the final Response:The Public Documut Response: Yes, NRC will be shipments of microfiche from the Room (PDR), in Washington, DC, is not responsible for imaging i aper copics if current document management system, being elimi..ited. The Local Public licensees do not submit documents in making the collections complete before Document Room (LPDR) program, electronic form, including oversized any transfers The LPDRs that here supporting document collections set up documents, opted to keep their collections have in libraries near nuclear facilities, is Comment:Is there a legal requirement been asked to contact the GPO first being discontinued. However, most of that facilities, where LPDRs are before making any disposition decisions those libraries are retaining their currently located, provide Internet if they change their mind and no longer collections. A list of public libraries in access?

wish to maintain their collections. '

the U.S. should be available at any Response: No, NRC has no authonty Comment:The NRC should facilitato public library as well as on the Internet, f a do so and has never established any tha transfer of the LPDR colhw: from

48944 Federal Register /Vol. 64 No.174/ Thursday, September 9,1999/ Rules and Regulations i

any LPDR which does not wish to keep

7. IJcensing Support Servicas, Dated to those records less accessible to those its collection to na appropriate library June 28,1999 for whom they were conveniently 1 cated before the move. Overall, public near the site of uranium mills which Comment:lt is prudent to try out a access to the NRC Web site via the have operated under license to the AEC new system first, to debut it and verify cad /or the NRC.

that it can accomplish what is intended, Internet will provide direct access to a Response: See response to previous before abandoning the tried.and-true much broader range of the public than comment.

method it is to replace.

just to those few who, because of their Comment:The NRC should establish Response:The NRC's current close proximity, have had convenient access to

• PDR and LPDRs. The a priority list for the transfer of LPDR document management system, collections to mill site areat First on the NUDOCS, was not Y2K compliant. A Public can now use any access to the list should be the Grants anu Gallup decision had to be made whether to Internst to access NRC publicly available documents, whether it be from areas of New Mexico, Wyoming, and expend funds to keep that system southeastern Utah, operating after ADAMS. The NRC a pubhc, college, or university library, Response:The first priority that NRC determined that it was not economically thgtr place of business, or their home erational.

using their own personal computer.

established was to allow current LPDR feasible to keep NUDOCS o[of a delay These changes to NRC regulation, only libraries to keep the collections they Comment:The likelihoo affect the way records are made now have. The next priority was to in implementing ADAMS, combined available to the public by formally transfer any microfiche collections that with the end of support for LPDRs at the discontinuing the LPDR program and LPDR libraries did not elect to keep to beginning of FYOO, makes it very likel the GPO for placement in their Federal that public access to information will be making the Web the main avenue for Depository Library Program (FDLP) in, interrupted for a time.

public access. No other changes have been made or addressed.

at minimum, each of the states which Response: ADAMS should begin now has an LPDR microfiche collection. providing public access to documents Comment:Has NRC done an The NRC currently maintains an LPDR effective October 1999. Public access to assessment of the use of the LPDRs and in the Grants and Gallup areas of New information is not expected to be how do members of the public feel Mexico, located at the Dine College, interrupted. As previously described, about NRC's plans?

Crownepoint, New Mexico. An LPDR most of the current LPDRs that have Response: Over the years, NRC has also exits in the state of Utah at the microfiche have agreed to keep their received quarterly reports of public Marriott Library, University of Utah, collections and the remaining ones will usage of the LPDRs and found use at Salt Lake City. Both of those libraries be transferred to the GPO Federal many of them to be minimal. Based on have elected to keep their collections.

Depository Library Program. Should the limited number of comments in There is not currently an LPDR in the ADAMS implementation be delayed, response to the proposed rule and other state of Wyoming.

NRC would continue with the current miscellaneous responses in direct The change will not lessen the process until the new system is in place. conversations with LPDR librarians, the public's accessibility to NRC Comment: LSS is concerned that the current PDR and LPDR users welcome informatioli, except to those few who,'

volume of material, and the practical the new system which promises to because of their close proximity, have needs of preparing it for web provide much broader and easier access had convenient access to the PDR and availability, will make it difficult or than currently available.

EPDRs prior to relocation of an LPDR.

Impossible to fulfill the promise made Comment:Should users be forced to Overall, public access to the NRC Web in the proposed rule pay a fee to access NRC documents?

site via the Internet will provide direct Response: Currentiy, documents to be Response: Libraries do not charge access to a much broader range of the pos'ed to the Web site have to first be their patrons to view on the Internet, but public than just those few for whom coded in hypertext markup language.

as with paper copies, charges may be j

they were conveniently located before This process can take several days.

made for printiag. Users now pay fees the move. The public can now use any However ADAMS is not currently being for copies of documents whether they access to the Internet to access NRC used for the posting of documents to the obtain them from the PDR or the LPDR.

publicly available documents, whether web. ADAMS does not require coding i Under ADAMS, many users will be able y be from a public, college, or university post to the Web and, when it becomes to obtain documents at no cost via their

.,brary, their niace of business, or their operational, the only delays m release home computers b downloading to a home using tfieir own personal will be those which the NRC staff ocument. However, disk or hrinting a

computer, purposely establishes to preclude just as t ey do now, the public can still

6. Nuclear Energy Institute (NEI), Dated Premature releases to the pubhc.

order documents from the PDR for a fee.

June 21.1999

8. Unsigned and Undated, Received Comment. The NRC -eeds a customer Comment:NEI commends the NRC on June 24,1999 feedback process to en.ure that public's its initiative to make its records Comment:The commenter provides comments are obtained and acted upon t.vailable electronically. The availability various comments regarding concerns or during the transition period.

of NRC records via an electronic format dissatisfaction with the current status of Response: NRC is very much aware o' will provide broader, more timely public acceesibility ta records and the need for public feedback to resolve cccess of this inictmation to all of the Interest in expansion of the current problems that are cortain to be NRC's stakeholders. Furthermore, the I.PDR system, encountered in this major transition.

cost savings that will be realizd Response:The proposed rule The PDR will continue to serve as the through the elimination of the Local announced ine change in the way the public interface to assist the public in Ivbhc Document Room (LPDRs) will be NRC will provide publicly available obtaining timely and full ac.:nss to beneficial to all stakuholders, information. The change will not lessen NRC's publicly available information Response: NRC considers this the accessibility to NRC information, and the ADAMS Web site will provide comment supportive of the ruls and it except perhaps in a few instances where informaion and a means for the public requires no further response.

LPDRs relocate, thereby making access to ask qwstions and provide comments.

o 1

i Federal Register /Vol. 64, No.174 / Thursday, September 9,1999/ Rules and Regulations 48194 5 i

Comment:Will NRC fund and ADAMS may be placed in ADAMS on Because records will be released maintain and upgrade the computer a selective basis.

electronicall to the public rather than 3

terminals, software, and printers in Comment:The NRC should in paper or mir.rofiche, this rule amends LPDRs?

Implement controls to ensure that the the regulations in 10 CFR Parts 1,2,7 Resoonse:No. The NRC is document processing contractor is 9, 50, 51, 52, 60, 62, 72, 75, 70,100, and discontinuing its LPDR pro ram and properly qualified to classify " externally 110 to reflect the manner in which these will no longer be funding li raries that generated" documents, records would be made publicly keep those collections.

Response:The NRC document available.

Comment:If NRC is replacing the processing contractor is the same To reflect the discontinuance of NRC LPDR with the Internet why can't those contractor that processed documents support oflibraries servin8 as LPDRs, records made available through NTIS under the NUDOCS system and will be references to NRC LPDRs will be deleted also be made available through the qualified to classify those documents it in 10 CFR 2.1231(a)(1)(ii), and (b); 9.35 Internet?

processes under ADAMS. The (b) and (e); 50.30(a)(5); part 50 Response: Records made available document processing contractor Appendix Q, section 4; 51.120; part 52, through NTIS will be available through determines the public availability of Appendix 0, section 5; part 52, theInternetin ADAMS.

documents only for certain documents Appendix Q, section 4, and 76.37(a).

Comment:Shouldn't NRC build a using pre-determined criteria. All others in addition, several other minor relationalinformation system such that are made publicly available by staff conforming changes will be made. The a member of the public can locate all review of the documents and definiti6n of the PDR in 10 CFR 2.4, NRC and licensee information, instructions to the document processing 60.2, and 110.2 is now in a new including upcoming meetings about a contractor or by the staff pr, cessing paragraph and will be revised to reflect specific licensee?

them directly into ADAMS.

that records newly created or received Response:The PDR staff has been Comment:The NRC should include since the implementation of ADAMS assigned primary responsibility for the an advance copy public library in the that are publicly available are now design of the organizational scheme for ADAMS architecture.

available in the PDR in electronic form ADAMS to ensure that the transition Response:There will not be a need for for inspection and copying, and that from the current systems (BRS and an advance copy public library, since copies can be ordered from the PDR. A NUDOCS) for locating documents to once a document is marked to be new paragraph will define the NRC Web ADAMS will be as easy as possible for released to the public, the release is site as the Internet location where NRC the public.

made. There will not be any backlog of records are made available for public

9. Winston & Sin 7a n, Dated June 23*

unprocessed documents in this inspection and copying and that the yggg document management system.

public can also order copies of documents from the PDR through the Comment:Given the magnitude and

10. Gerry C. Slagis, Pleasant Hill, CA, NRC Web site.

volume of official record material Dated June 23,1999 Section 9.2(a) will be revised to delete created and received by the Agency, we Comment:I applaud the use of the reference to the availability of urge that a similar organizational ADAMS to make NRC official records records on 48x microfiche through the scheme be adopted for the ADA MS to available to the public. However, I am National Technical Information Service htlp facilitate the public access to against the shutting down of the LPDR (NTIS) When NRC begins making its documents by docket number, reference program beyond Fiscal Year 1999. The records available from the NRC Web group, or subject area.

problem is public access to the NRC site, microfiche confes will no longer be Response' See the previous response.

official records prior to ADAMS. A produced. The address for the NTIS and Comment:We recommend that the person needs to be able to view the a statement that certain listed ADAMS or the PDR accommodate the documents before copying certain pages documents can be ordered from the public availability of records that are or ordering te entire document.

NTIS will be added to 9.21(a). Section not suitable for electronic dissemination Response: Although the NRC is going 9.21(d) will be deleted because the (e.g. video tapes, audio tapes, etc.).

to discontinue the LPDR program at the publication Title List of Documents Response:The NRC will end of September 1999, documents Made Publicly Available, NUREG-0540, accommodate the public availability of issued prior to ADAMS implementation will no longer be published. Section records that are not suitable for will still be accessible to the public.

9.21(c) will be revised to show that only electronic dissemination.

Documents published or issued before the published versions of final opinions Comment:Willimaged records in the the implemmtation of ADAMS, will not and orden., referred to in 9.2(c)(1), are ADAMS include the official NRC routineiy L

• alaced into the ADAMS available from the NTIS in the watermark and signature?

system. However, these documents can publication, Nuclear Regulatory Response:The electrorn copy of be identified from the legacy systems issuances (NUREG-0750). The reference documents in ADAMS t, ?! show a (BRS and NUDOCS) indexes available to interpretations in 9.21(c)(2) will be signature (and watermark if it is present online in the ADAMS Electronic deleted because they are not available end visible enough to be imaged) just as Reading Room and ordered from the from NTIS.

is currently available in the microfiche PDR: or, if convenient, can be accessed Section 9.23(a)(2) will be deleted end photocopies of paper records.

on the microfiche at one of the libraries because it repeats information included Comment:We believe that all that ? ; retained the LPDR record in the revised 9.21(a). Section 51.123(a)

NUREGs should be available on colleNn. Most of the LPDRs are and (b) will be revised to reflect the ADAMS.

keeping their microfiche collections.

correct address where requests for draft Respom - All publicly available Therefore, most of the public who have environmental impact statements and NUREGmblished after the access to an LPDR now will continue to draft findings of nu ognificant hazard implememation of ADAMS will be have access after ADAMS is operational, can be submitted, availablein ADAMS.NUREGs Those libraries and their locations will Changes are made in several sections published before the implementation of be identified on the NRC Web site.

to reflect the correct name of the NRC

48946 Federal Register /Vol. 64, No.174/ Thursday, September 9,1999/ Rules and Regulations PDR. In addition, several misspelling it has offered each of the current LPDR 10 CFR Pad 9 corrections are mcde.

libraries the opportunity to keep their current LPDR document collections so Criminal penalties, Freedom of National Technology Transfer and the pre-ADAMS LPDR collections can Information, Privacy, Reporting and i

i Advancement Act continue to be available in the local recordkeeping requirements, Sunshine The National Technology Transfer communities. Of the 86 current LPDRs,

Act, end Advancement Act of 1995, Pub. L 64 have expressed an interest in 20 CFR Port 50 l

104-113, requires that Federal r.gencies maintaining their current LPDR l

use technical standards developed or document collections after the LPDR Antitrust, Classified information, tdopted by voluntary consensus program is discontinued. This Criminal penalties, Fire protection, standards bodies unless the use of such constitutes the regulatory analysis for Intergovernmental relations Nuclear a standard is inconsistent with this rule.

power plants and reactors, Radiation I

rpplicable law or is otherwise Regulatory Flexibility Certification protection, Reactor siting criteria, impractical. There are no industry Reporting and recordkupmg consensus standards that apply to the As required by the Regulatory requirements.

electronic availability of public records. Flexibility Act of 1980,5 U.S.C. 605(b),

Thus, the provisions of the Act do not the Commission certifies that this rule 10 CFR Part 51 epply to this rulemaking.

does not have a significant economic Administrative practice and EnvironmentalImpact-Categorical

',*[3ent procedure, Environmental impact ct " "

e Ir statement, Nuclear matenals, Nuclear Exclusion implements a new procedure for making p wer plants and reactors, Radiation The NRC has determined that this records available to the public. The NRC tection, R actor slung cnteria, final rule is the type of action described believes that the changes will not have

[' p9 in categorical exclusion 10 CFR an adverse economic impact on any 51.22(c)(1) and (2). Therefore, neither an class of licensee, including small 10 CFR Part 52 environmental impact statement nor an entities, or the general public. On the environmental assessment has been contrary, the NRC believes that the final Administrative practice and prepared for this final rule.

rule provides wider opportunities ared Procedure Antitrust, Backfitting, make it easier for interested persons to Combined license, Early site review, Paperwork Reduction Act Statement obtain or review publicly available NRC Emergency planning, Fees, inspection, Limited work authorization, Nuclear This final rule does not contain a new records.

or amended information collection power plants and reactors, Probabilistic requirement subject to the Paperwork Backfit Analysis risk assessment, Prototype, Reactor Reduction Act of 1995 (44 U.S.C. 3501 The NRC has determined that the siting criteria, Redress of site, Reporting et sq.). Existing requirements were backfit rule does not apply to this final and recordkeeping requirements, cpproved by the Office of Management rule; and therefore, a backfit analysis is Standard design, Standard design end Budget, approval numbers 31$0-not required for this final rule because certification.

0043,3150-0011,3150-0021,3150--

these amendments do not involve any 20 CFR Part 60 0151,3154-0127,3150 4 143,3150-provisions that would impose backfits 0132,3150-0055,3150-0093, and 3150- as defined in 10 CFR chapter I.

Criminal penalties, High-level waste, Small Business Regulatory Enforcement Nuclear power plants and reactors, 0036.

Nuclear matenals, Reporting and Public Protection NotiScation Fairness Act recordkeeping requirements, Waste if a means used to impose an In accordance with the Small treatment and disposal.

information collection does not display Business Regulatory Enforcement a currently valid OMB control number.

Fairness Act of 1996, the NRC has 10 CFR Part 62 the NRC may not conduct or sponsor, determined that this action is not a Administrative practice and end a person is not r uired to respond major rule and has verified this procedure, Denial of access, Emergency to, the informatmn col ection.

determination with the Office of.

access to low-level waste disposal Low-nation and Regulatory Affairs of level radioactive waste, Low-level Regulatory Analysis B*

radioactive trea; ment and disposal, This final rule im'plements a new NRC List of Subjects in 10 CFR Low-level waste pohey amendments act procedure for making records available f 1985, Nuclear materials, Reporting for public inspection and copying. Tliis 20 CFR Pan 1 and recordkeeping requirements.

rule does not have any adverse Organization and funct. ions economic impact on any class of vernment agencies).

licensee or the NRC, To the contrary, the final rule with its new provistas '

10 CFR Pan 2 Manpower training programs, tilowing Internet access from homes.

Administrative practice and Interg vernmental relations, Nuclear offices, schools, and public libraries to procedure, Antitrust, Byproduct materials, Nuclear power plants and NRC publicly released records provides material, Classified information, reactors, Reporting and recordkeeping some new and additional benefits to Environmental protection Nuclear requirements, Secun,ty measures.

those seeking access to NRC records. A materials, Nuclear power plants and 10 CFR Part 75 survey of the facilities where LPDRs are reactors, Penalties, Sex discrimination, currently located revealed that all but Source material, Special nuclear Criminal penalties, Intergovernmental six now provide, or will provide, material, Waste treatment and disposal. relations, Nuclear materials Nuclear Internet access to its patrons by the end power plants and reactors, Reporting f 0 CFR Part 7 and recordkeeping requirements, of 1999. Additionally, although NRC plans to discontinue the LPDR program, Advisory committees, Sunshine Act.

Security measures.

Fed rcl Regista/Vol, 64, No.174/ Thursday, September 9,1999/ Rules and Regulations 48947 10 CFR Pad 76 Street, NW., Washington, D.C., and at U.S.C 2239). Subpart M also issued uder sec.184 (42 U.S.C 2234) and sec.189. 68 Certification, Criminal penalties, each of NRC's Regional Offices' d from Stat. 955 (42 U.S.C 2239). Appendix A also Radiation protection, Reporting and Information ma( also be obtaine th

. o u

^. 8 f"

issued under sec. 6, Pub. L 91-560,84 Stat.

recordkeeping r uirements, Security p

Of t1$ R 147 (42 U.S.C 2135).

'o d measures, Specia nuclear material, Ur n m enrichment by gaseous Offices. In addition, NRC Functional

4. Section 2.4 is amended by adding Organization Charts, NUREG-0325, the definition of NRC Public Document contains detailed descriptions of the Room and NRC Web site to read as 10 CFR Part 100 functional responsibilities of NRU's follows:

Nuclear power plants and reactors, offices. It is revised annually and is 52.4 Definitions.

Reactor siting criteria, available for public inspection at the NRC Web site, http://www.ntc. gov, and/

NRCPublic Document Room means 10 CFR Part 220 or at the NRC Public Documetr. Room, the facility at 2120 L Street, NW, Administrative practice and or for purchase from the Superintendent Washington, DC where certain public procedure, Classified information, of Documents, US Government Printing records of the NRC that were made Criminal penalties, Export, Import, Office, P.0, Box 37082, Washmgton, DC available for public inspection in paper Intergovernmental relations, Nuclear 20013-7082; and from the National or microfiche prior to the materials, Nuclear power plants and Technical Information Service, impleznentation of the NRC Agencywide S ringfield, VA 22161.

reactors, Reporting and recordkeeping P

Documents Access and Management requirements, Scientific equipment.

System, commonly referred to as For the reasons set out in the ADAMS will remain available for preamble and under the authority of the PART 2-RULES OF PRACTICE FOR Atomic Energy Act of 1954, as amended; DOMESTIC LICENSING PROCEEDINGS public ir spection. It is also the place where NRC makes computer terminals the Energy Reorganization Act of 1974, AND ISSUANCE OF ORDERS available to access the Electronic as amended; and 5 U.S.C. 552 and 553

3. The authority citation for Part 2 deading Room component of ADAMS the NRC is adopting the following continues to road as follows:

on the NRC Web site, http://

amendments to 10 CFR Parts 1,2,7,9 www.ntc. gov, and where copies can be 50, 51, 52, 60, 62, 72, 75, 76,100 and 95, ame ded ('42 t/.S C 220,2231) sec made or ordered as set forth in S 9.35 of 110.

191, as amended Pub. L 87-615,76 Stat. 409 this chapter. The facility is staffed with PART 1-STATEMENT OF (42 U.S.C 2241); sec. 201,88 Stat.1242, as reference librarians to assist the public amended (42 U.S.C 5841): 5 t'.S.C 552.

In identifying and locating documents ORGANIZATION AND GENERAL Section 2.101 also issued under seca. 53, and in using the NRC Web site and INFORMATION:

62,63,81,103,104,105,68 Stat. 930,932, ADAMS. The NRC Public Document

1. The authority citation for Part 1

$C.2d73,h092,'209k211 Room is open from 7:45 am to 4:15 pm,

,2134.

continues to read as follows:

2135); sec.114(f). Pub. L 97-425,96 Stat.

Monday through Friday, except on Authority: Secs. 23,161,68 Stat. 925,948, 2213, as amended (42 U.S.C 10143(f)). sec.

Federal holidays. Reference service and as amended (42 U.S.C 2033,2201); sec. 29, 102, Pub. L 91-190,83 Stat. 853, as amended access to documents may also be Pub. L 85-256,71 Stat. 579, Pub. L 95-(42 U.S.C 4332); sec. 301,88 Stat.1248 (42 requested by telephone (202-634-3273 309,91 Stat.1483 (42 U.S.C 2039); sec.191, U.S.C 5871). Sections 2.102,2.103,2.104, or 800-397-4209) between 8:30 am and Pub. L 87-615,76 Stat. 409 (42 U.S.C 2241):

2.105,2.721 also issued und:r secs. 102,103, 4:15 pm, or by e-mail (PDR@nic. gov),

secs. 201,203,204,205,209,88 Stat.1242, 104,105,1831,189,68 Stat. 936,937,938, fax (202-634-3343), or letter (NRC 1844,1245,1246,1248, as ameuded (42 954,955, as amended (42 U.S.C 2132,2133-Public Document Room, LL-6, U.S.C. 5841,5843, 5844, 5845, 5849); 5 2134,2135,2233,2239). Section 2.105 als Washington, D.C. 20555-0001).

U.S.C 552,553; Reorganization Plan No.1 of issued under Pub. L 97-415,96 Stat. 2073 1960. 45 I~R 40561, lune 16,1980.

(42 U.S.C 2239). Sections 2.20G-2.206 also issued under secs.161 b,1, o.182,186,234, NRC Web site, http://www.nrc. gov, is

2. In $ 1,3, paragraph (a) is revised to 68 Stat. 948-951,955,83 Stat. 444, as the Internet uniform resource locator road as follows:

amended (42 U.S.C2201(b), (i), to),2236, name for the Internet address of the Web 2282); sec. 206,88 Stat.1246 f 42 U.S.C site where NRC will ordinarily make

$ 1.3 Sources of additionalinformation.

5846). Sections 2.205(i) also issued under available its public records for (a) A statement of the NRC's Pub. L 101-410.104 Stat. 90, as amended by inspection.

i I

organization, policies, procedures, section 3100(s), Pub. L.104-134,110 Stat.

casigmnents of responsibility, and 1321-373 (28 U.S.C 2461 note). Sections delegations of authrasty is in the 2.60G-2.600 also issued under sec.102, Pub.

5. In S 2,101, paragraph (a)(2) is Nuclear Regulatory Commission L 91-190,83 Stat. 853, as a nended (42 revised to read as follows:

Management Directives System and 433 }b U E ioris 2.754, l 2.101 Filing of application

,,de 5

other NRC issuances, including local 2.760,2.770,2.780 also issued under 5 U.S C (a) * *

• directives issued by Regional Offices.

557, Section 2.?64 also issued unde secs.

(2) Each application for a license for Letters and memoranda containing 135,141, Pub. L 97-425,96 Stat. 2232,2241 a facility or for receipt of waste directives, delegations of authority and (42 U.S.C 10155,10161). Section 2.790 also radioactive material frrm other persons the like are also issued from time to issued under sec.103,68 Stat. 936, as for the purpose of commercial dispo?al time and may not yet be incorporated amended (42 U.S.C 2133) and 5 U.S.C 552.

by the waste disposal licensee will be into the Management Directives System, Sections 2.800 and 2.808 also issued under assigned a docket number. However, to parts of which are revised as necessary.

y,E f, fp*ub.I 5I256 72 all w a determination as to whether an n

Copies of the Management Directives Stat. 579, as amended (42 U.S.C 2039).

applicadon im a constMon pwmit M System and other delegations of Subpart K also issued under sec.189,68 Stat. operating license for a production or j

outhority are available for public 955 (42 U.S.C 2239). &c.134, Pub. L gy.

utilization facility is complete and inspection and copying for a fee at the 425,96 Stat. 2230 (42 l'.S.C 10154). Subpart acceptable for docketing,it will be NRC Public Document Room,2120 L L also issued under sec.189,68 Stat. 955 (42 initially treaMd as a tendered

}

48948 Feder-1 Register /Vol 64, No.174/Thtirsday, September 9,1999/ Rules and Regulations epplication. A copy of the tendered appropriate action in accordance with an official reporter who may be I

application will be available for public paragraph (b) of this section.

designated by the Commi.;sion or may be a regular employee of the inspection at the NRC Web site, http:/

/www.nic. gov, and/or at the NRC Public

8. In 6 2.701, paragraph (a)(1) is Commission. The transcript prepared by Document Room. Generally, the evised to read as follows:

the reporter is the sole official transcript deter nination on acceptability for of the proceeding. Except as limited docketing will be made within a period $ 2.701 Filing of documents.

pursuant to Sec.181 of the Act or order of thirty (30) days. Ilowever, in selected (a) * *

• of the Commission, the transcript will construction permit applications, the (1) By delivery to the NRC Public be available for inspection at the NRC Document Room at 2120 L Street, NW.,

Web site, http://www.nir. gov, and/or at Commission may decido to determine tcceptability on the basis of the Washington, DC, or the NRC Public Document Room. Copies technical adequacy of the application as of transcripts are available to parties and w:ll as its completeness. In these cases,

9. In S 2.740, paragraph (b) (1) is to the public from the official reporter the Commission, pursuant to S 2.104(a),

revised to road as follows:

on payment of the specified charges.

will direct that the notice of hearing be

$ 2.740 General provisions goveirning

11. In S 2.790, the introductory text of issued as soon as practicable after the discovery.

rpplication has been tendered, and the paragraph (a) and paragraph (c) are revised to read as follows:

determination of acceptability will be (b) * *

• made generally within a period of sixty (11 In genem1. Parties may obtain

$ 2.790 Public inspections, exemptions, (60) days. For docketing and other discovery regarding any matter, not requests for withholding.

requirements for a plications pursuant privileged, which is relevant to the (a) Subject to the provisions of i

to part 61 of this e apter, see paragraph subject matter involved in the paragraphs (b), (d), and (e) of this (g) of th4 section.

proceeding, whether it relates to the section, final NRC records and claim or defense of any other party, documents, including but not limited to

6. In $ 2.110, paragraph (c) is revised including the existence, description, correspondence to and from the NRC to read as follows:

nature, custody, condition, and location regarding the issuance, denial, of any books, documents, or other amendment, transfer, renewal,

$ 2.110 Filing and administrative action on tangible things and the identity and modification, suspension, revocation, or

[f,,

location of persons having knowledge of violation of a license, permit, or order, any discoverable matter. When any or regarding a rulemakmg proceedm, g book, document or other tangible thing subject to this part shall not, in the (c) Upon completion of review by the sought is reasonably available from absence of a compalling reason for NRC staff and the ACRS of a submittal another source, such as at the NRC Web nondisclosure after a balancing of the of the type described in paragraph (a)(1) site, http://www.nrc. gov, and/or the interests of the person or agency urging of this section, the Director of the Office NRC Public Document Room, sufficient nondisclosure and the public interest in of Nuclear' Reactor Regulation shc.ll response to an interrogatory involving disclosure, be exempt from disclosure publish in the Federal Register a such materials would be the location, and will be made available for determination as to whether or not the the title and a page reference to the inspection and copying at the NRC Web

, design is acceptable, subject to relevant book, document or tangible site, http://www.nrc. gov, and/or at the conditions as may be appropriate, and thing. In a proceeding on an application NRC Public Document Room, except for I

shall make available at the NRC Web for a construction permit or an operating matters that are:

site, http://www.ntc. gov, a report that license for a production or utilization s.nalyzes the design.

facility, discovery begins only after the (c)If a request for withholding 7 In $ 2.206, paragraph (a) is revised prehearing conference provided for in pursuant to paragraph (b) of this section to read as follows:

S 2.751a and relates only to those is denied, the Commission will notify matters in controversy which have been an applicant for withholding of the

$ 2.206 Requests for action under this identified by the Commission or the denial with a statement of reasons. The l

• M presiding officer in the prehearing order notice of denial will specify a time, not (a) Any person may file a request to entered at the conclusion of that less than thirty (30) days after the date institute a proceeding pursuant to prehearing conference. In such a of tha notice, when the document will

$ 2.202 to modify, suspend, or revoke a proceeding, no discovery may take place be available at the NRC Web site, http:/

license, or for any other action as may after the beginning of the prehearing

/www.nrc. gov. If, within the time be proper. Requests must be addressed conference held pursuant to $ 2.752 specified in the notice, the applicant to the Executive Director for Operations except upon leave of the presiding requests withdrawal of the document, end must be filed either by delivery to officer upon good cause shown. It is not the document will not be available at the NRC Public Document Room at 2120 ground for objection that the the NRC Web site, http://www.nrc. gov, L Street, NW, Washmgton, DC, or by information sought willi,9 inadmissible and will be returned to the applicant:

mail or telegram addressed to the at the hearing if the information sought Provided, that information submitted in Executive Director for Operations, U.S.

appo:rs reasonably calculated to lead to a rule making proceeding which Nuclear Regulatory Commission, the discovery of admissible evidence.

subsequently forms the basis for the final rule will not be withheld from Washington, DC 20555-0001, The request must specify the action

10. In 6 2.750, paragraph (a) is revised public disclosure by the Commission requested and set forth the facts that to read as follows:

and will not be returned to the applicant constitute the basis for the request. The after denial of any application for

' Executive Director for Operations will 5 2.750 official reporter; transcript.

withholding submitted in connection refer the request to the' Director of the (a) A hearing will be reported under with that information, if a request for NRC office with responsibility for the the supervision of the presiding officer, withholding pursuant to paragraph (b) subject matter of the request for stenographically or by other means, by of this section is granted, the l

l l

1

I I

fadird Registir/Vol. 64, No.174/ Thursday, Septe.nber 9, i.iD9/ Rules and Regulations 48949 CommSsion will notify the applicant of study, or defer action on the license by placing a copy of the its determination to withhold the reco.nmendation. In the event the application at the NRC Web site, http:/

information froia public uisclosure.

Commission decides not to accept or

/www.nrc. gov.

decides to defer action on the e

7,

12. In 6 2.802, paragraphs (e) and (g) recommendation, it will give its reasons (c) Periodic lists of applications are revis 8 to read as follows,.

for doing so. Both the ACRS received may be obtained upon request recommendation and the Commission's addressed to the NRC Public Document 5 2.802 Petition for rulemaking.

response will be made available at the Room, US Nuclear Regulaiory NRC Web site, http://www.ntc. gov, Commission, Washington, DC 20555-(e) Ifit is determined that the petition following transmittal of the 000i.

Includes the information required by Commission's response to the ACRS.

18. In $ 2.1303, the section heading paragraph (c) of this section and is and the introductory text are revised to complete, the Director, Division of

15. In 6 2.1067, paragraph (a)(3) is read as fMiows:

Administrative Services, Office of termved and reserval and paragraph Administration, or designee, wi ' assign (a)(2)is revised to read as follows:

5 2.1303 Avaliability of documsnts.

a docket number to the petition, will Unless exempt from disclosure under cause the

$ 2.1007 Access.

part 9 of this chapter, the following docketed, petition to be formally and will make a copy of the (a) * *

• documents pertaining to each docketed petition available at the NRC (2) A system to provide electronic application for a license transfer Web site, http:/Avww.nic. gov, Public access to the Licensing Support requiring Commission approval will be comment may be requested by Network shall be provided at the NRC placed at the NRC Web site, http://

publication of a notice of the docketing Web site, http://www.nm. gov, and/or at www.nre. gov, when available:

of the petition in the Federal Register, the NRC Public Document Room or,in appropriate cases, may be invited beginning in the pre-license application

19. In 5 2.1306, paragraph (c)(2)is for the first time upon publication in the phase.

revised to read as follows:

Federal Register of a proposed rule developed in response to the petition.

16. In S 2.1231, paragraphs (a)(1)(li),

g 2.1306 Hearing request or intervention Publication wi.fl be limited by the (a)(2), and (b) ne revised to read as Petition.

requirements of Section 181 of the follows:

Atomic Energy Act of 1954, as amended, (c) * *

• end may be limited by order of the 52.1231 Hearing file; prohibition on (2) 45 days after notice of receipt is Commission.

discovery-placed at the NRC Web site, http://

(a) * *

• www.nre. gov, for all other applications; (g) The Director, Division of (1) * *

• or Admirdstrative Services, Office of (ii) Making the file available at tho Administration, will prepare on a NRC Web site, http://www.nre gov.

20. In S 2.1330, paragraph (b! a I

of (2) The hearing file also must be made revised to read as follows:

armlannual basis a summ7 ore the available for public ins ection and petitions for rulemaking b Commission, including the status of copymg at the NRC We site, http://

52.1330 Reporter and transcript for an each petition. A copy of the report will hvw DIC gov, and/or at the NRC Pubh,c oral hearing.

Do rik file will consist of the I [G lns ect on d b

(b) xcept for y portions that must e

'eb 8pplication and any amendment thereto, be protected from disclosure in www.nic. gov, and/or at the NRC Public Document Room.

any NRC environmentalimpact accordance with law and policy as

13. In $ 2.804, paragraph (b)(2) is statement or assessment relatmg to the reflected in 10 CFR 2.790, transcripts revised to read as follows:

application, and any NRC report and will be placed at the NRC Web site, any correspondence between the http://www.ntc. gov, and copies may be 5 2.804 Notice of proposed rulemaking.

applicant and the NRC that is relevant purchased from the Secretary, U.S.

to the application. Hearing file Nuclear Regulatory Commission, (b) * * * -

documents already available at the NRC Washington, DC 20555-0001.

(2) The manner and time within Web sita, http://www.nm. gov, and/or at which interested members of the public the NRC Public Document Room when may comment, and a statement that the hearing request is granted may be PART 7-ADVISORY COMMITTEES copies of comments may be examined incorporated into the hearing file at i

will be made available at the NRC Web those locations by a reference indicating

21. The authority utation for Part 7 l

site, http://www.ntc. gov; where at those locations the documents continues to read as follows:

can be found. The presiding officer shall Authority: Sec.161, 68 Stat. 948. as e

14. In 9 2.809, paragraph (a) is revised rule upon any issue regarding the amended i42 U.S.C. 2201); sec. 201,88 Stat.

to read as follows:

appropriate materials for the hearing 1242, as amended (42 U.S.C. 5841); Pub. L.

file.

92-4f>3. 86 Stat. 770 (5 U.S C. App.).

$ 2.809 Participation by the Advisory Committee on Reactor Safeguards.

22. In $ 7.10, para 3raph (b)(6) is

17. In S 2.1301, aragraphs (a) and (c) revised to read as follows:

(a)In its advisory capacity to the are revised to rea as follows:

Commission, the ACRS may recommend

$ 7.10 Th6 NRC Advisory Committee that the Commission initiate rulemaking i 2.1301 Pubhc notice of receipt og Marmgement Officer.

In a particular area. The Commission license transfer application.

will respond to such rulemaking (a) The Commission will notict the (b) * *

• recommendatiqn in writing within 90 receipt of each application for direct a (6) Ensure that, subject to the drys, noting its intent to implement, indirect transfer of a specific NRC Freedom ofInfonnation Act and NRC's

48950 Federal Register /Vol. 64, No.174/ Thursday, Sept:mber 9,1999/ Rules and Regulations l

Freedom ofInformation Act regulatlons Secretariat. A copy of the report is made ofInformation Act that, because of the tt to CFR part 9, subpart A. copies Of available at the NRC Web Hte, http://

nature of their subject matter, the NRC the records, reports, transcript minutes, www.ntc. gov, and/or at tL NRC Public determines have become or are likely to appendices, working papers, drafts, Document Room.

become the subject of subsequent studies, agenda, or other documents that (b) Any NRC advisory committee requests for substantially the same were made available to or prepared for holding closed meetings shallissue a records.

or by each NRC advisory committee are report, at least annually, setting forth a (6) A generalindex of the records available for public inspection and summary of its activities consistent with released under the FOIA.

copying at the NRC Web site http://

the policy of the Government in the (d) The published versions of the www.ntc.Bov, and/or at the NRC Public Sunshine Act (5 U.S.C. 552b), as records made publicly available under Document Room, until the advisory implemented by to CFR 9.104. A copy paragraph (c)(1) of this section are committee ceases to exist, of the report is made available at the available under the title, Nuclear NRC Web site, http://www.ntc. gov, and/ Regulatory issuances, NUREG-0750, for

+

23 In ',711, paragraph (d)(5) is or at the NRC Public Document Room, purchase through the National TechnicalInformation Service.

r: vised to read as follows:

28. In S 9.23, paragraph (a)(2) is 9 7.11 The Designated Federal Otticer.

PART 9--PUBLIC RECORDS removed and reserved and paragraphs (a)(1), (c), (d)(2), and (e) are revised to

26. The authority citation for Part 9 read as follows:

(d) * *

• c ntinues to read as follows:

(5) Make copies of committee 9 9.23 Requests for records, documents required to be maintained Authority: Sec.161,68 Stat. 948. as for public inspaction and copying amended (42 U.S.C. 22011; Soc. 201,88 Stat.

(a)(1) A person may request access to 1242, as amended (42 U.S.C. s8411 records routinely made available by the pursuant to 6 7.14(b) available at the NRC Web' site, http://www.nrc. gov, and/

Subpart A is also issued under s U.S.C.

NRC under 6 9.21 in person or by 552: at l'.S.C. 9701: Pub. L 99-570. Subpart telepcone, e-mail, fax, or US mail from or at the NRC Public Document Room.

a is als issued under 5 U.S.C. ss2a. Subpart tha NRC Public Document Room,2120

24. Section 7.14 is revised to read as C is also issued under s U.S.C. ss2b.

L Street, NW, Washington, DC 20555-g

27. Section 9.21 is revised to read as 0001.

$ 7.14 Public informatica on advisory follows:

(i) Each record requested must be committees.

described in sufficient detail to enable (a) The Nuclear Regulatory

$ 9.21 Publicly available records.

the NRC Public Document Room staff to Commission shall maintain systematic (a) Single copies of NRC publications locate the record.

Information on the nature, functions, in the NUREG series, NRC Regulatory (ii) In order to obtain copies of records end operations of each NRC advisory Guides, and Standard Review Plans can expeditiously, a persoa may open an committee. A complete set of the be ordered from the National Technical account at the NRC Public Document charters of NRC advisory committees Information Service,5285 Port Royal Room with the private contracting firm cnd copies of the annual reports Road, Springfield, Virginia, 22161, that is responsible for duplicating NRC required by $ 7.17(a) will be maintained (b) For the convenience of persons

records, for public inspection at either the NRC who may wish to inspect without I

Web site, htt ://www.nrc. gov; and/or at charge, or purchase copies of a record or (c)If a requested agency record that the NRC Pub ic Document Room..

a limited category of records for a fee.

has been reasonably described is located f

(b) Subject to the provisions of the publicly available records of the NRC's at a place other than at the NRC Web Freedom ofInformation Act (5 U.S.C.

activities described in paragraph (c) of site, http://www.ntc. gov, the NRC Public 552) and NRC's Freedom of Information this section are also made available at

. Document Room, or the NRC Act regulations at 10 CFR part 9, subpart the NRC Web site, http://www.mtgov, headquarters, the NRC may, at its A, copies of NRC advisory committees

• and/or at the NRC Public Document discretion, make the record available for i

records, reports, transcripts, minutes, Room located at 2120 L Street, NW.,

inspection and copying at either of the a

eppendices, working papers, drafts, Washington, DC, open between 7:45 am locations.

l studies, agenda, and other documents and 4:15 pm on Monday through Friday, (d) * *

• shall be maintained for public except Federal holidays.

(2)If the requested record has been inspection and copying at the NRC Web (c)The following records of NRC placed on the NRC Internet Web site, site, http://www.nre. gov; and/or at the activities are available for public under S 9.21, the NRC may inform the NRC Public Document Room.

inspection and copying:

requester that the record is available at

25. In $ 7.17, paragraphs (a) and (b)

(1) Final opinions including the NRC Web site, http://www.nrc. gov, are revised to read as follows:

concurring and disssnting opinions as and/or at the NRC Public Document well as orders of the NRC issued as a Room, and that the record may be 57.17 Reports required for advisory result of adjudication of cases; obtained in accordance with the commit *een (2) Statements of policy and procedures set forth in paragraoh (a) of l

(a) The Commission shall furnish a interpretations that have been adopted this section.

l report on the activities of NRC advisory by the NRC and have not been (e) The Freedom of Information Act i

committees annually to the published in the Federal Register; and Privacy Act Officer will promptly Administrator and the GSA Secretariat (3) Nuclear Regulatory Commission forward a Freedom ofInformation Act on a fiscal year basis. The report must rulee and regulations; request made under paragraph (b) of this contain information regarding NRC (4) Nuclear Regulatory Commission section for an agency record to the boad

. r_dvisory committees required by Manuals and instructions to NRC of the office (s) primarily concerned with Section 6(c) of the Act for the pensonnel that affect any member of the the records requested, as appropriate.

President's annual report to the public:

The responsible office will conduct a Congress and be consistent with (5) Copies of records that have been sesrch for the agency recprds responsive instructions provided by the CSA released to a person under the Freedom to the request and compile those agency f

9 i

Federal Register /Vol. 64, No.174 / Thursday, September 9,1999/Reles and Regulations 48951 records to be reviewed for initial of all persons expected to attend the section 50.7 also issued under Pub. L. 95-disclosure determination and/or meeting and their affiliation.

601, sec.10. 92 stat. 2951 (42 U.S.C. 5851).

section 50.10 also issued under secs.101, identify those that have already been made publicly available at the NRC Web

32. In S 9.107, paragraph (d)(1) is

$'[,",e',"Io$, Pub $"119083 tai 853 5

site, http://www.ntc. gov, and/or at the revised to read as follows:

(42 U.S.C. 4332). sections 50.13,50.54(dd)

NRC Public Document Room.

and 50.103 also issued under sec.108.68

29. In 9.35, paragraph (e) is removed, 69.107 Pubuc annour.coment of stat. 939, as amended (42 U.S.C. 2138J.

paragraphs (a)(2), (a)(5) and the commission meetings.

Sections 50.23,50.35,50.55 and 50.56 also introductory text of paragraph (b) are issued under sec.185,68 stat. 955 (42 U.s C.

levised to read as follows:

(d) * *

• 2235). Section So.33am 50.55a and Appendix (1) Publicly posting a copy of the Q also issued under soc.102. Pub. L 91-190, 5 9.35 Duplication fees.

83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 document at the NRC Web site, http://

and 5.54 als issued und r sec. 204. 88 stat.

(a) * *

• www.ntc. gov,; and, to the extent 1245 (42 U.S.C. 5844). Section 50 37 also (2) Self-service duplicating machines appr priate under the circumstances; issued under E.O. 12829,3 CFR 1993 Comp.,

are available at the NRC Public Document Room for the use of the

p. 570. E.O.12958, as amended,3 CFR 1995 public. P.a er to pa er co y is S0.08 per

33. In S 9.108, paragraph (b) is revised Comp.. p. 333. E.O.12968,3 CFR 1995 to read as follows.

Comp., p. 391). Sections 50.58, 50.91, and page. Microfiche to paper is S0.10 per 50.92 also issued under Pub. L. 97--415,96 page on the reader printers.

59.10e certification, transcripts, stat. 2c?3 (42 U.S.C. 2239). Section 50.78 recordings and minutes.

also issued under sec.122.68 Stat. 939 (42 (5) Any change in the costs specified U.S.C. 2152). Sections 50.80-50.81 also in this section will become effective (b) The Commission shall make issued under sec.184,68 stat. 954, as amended (42 U.S.C. 2234). Appendix F also immediately pending completion of the promptly available to the public at the final rulemaking that amends this NRC Web site, http://www.nir. gov, the 2237)'

sectwn to reflect the new charges. The transcript, electronic recording, or Commission will post the charges that minutes (as repred by paragraph (a) of

35. In S 50.30, paragraph (a)(5) is will be in effect for the interim period this section) of we discussion of any revised to read as follows:

at the NRC Public Document Room. The item on the agenda, or of any item of the I8 f PP cation forlicenses; il Commission will publish a final rule in testimony of any witness received at the

• t I'""t the Federal Register that includes the meeting, except for such item or items new charges within 15 working days of such discussion or testimony as the ta) * *

• from the beginning of the laterim Commission determines pursuant to (5) At the time of filing an Period.

paragraph (c) of this section to contain application, the Commission will make (b) The NRC will assess the following information which may be withheld available at the NRC Web site, http://

charges for copies of records to be under % 9.104 or S 9.105(c). Copies of wnw.ntc. gov, a copy of the application, duplicated by the NRC at locations other such transcript, or minutes, or a subsequent amendments, and other than the NRC Public Document Room transcription of such recording records pertinent to the facility for located in Washington, DC:

disclosing the identity of each speaker, Public inspection and copying.

shall be furnished to any person upon 30, in S 9.45 paragraph (b) is revised payment of the actual cost of

36. In $ 50.44, paragraph (c)(3)(iv)(C) to read as follows:

duplication or transcription as provided is revised to read as follows:

in S 9.14. The Secretary shall maintain 99.45 Annual reports to the Attorney a complete verbatim copy of the

$ 50.44 StandarJs for combustible gas O*""*

transcript, a complete copy of the con o systemin Hght-water cooled power minutes, or a complete electronic,

(b) The NRC will make a copy of the rec rding of each meeting, or portion of most recent report available to the a meetmg, ci sed to the public, for a (c),,,

public at 15 NRC Web site, http://

peri d of at least two years a ser such (3) ww w.ntc4 v.

31, inst 05, paragraph (b) is revised meetmg, or until nne year a.rr the (iv) * *

• to read as halows:

conclusion of any Commission (C) Subsubarticle NE-3220, Division proceedm, g with respect to which the 1, and Subsubarticle CC-3720 Division 39.105 commission procedures, meeting or portion was held, whichever 2, of Section 111 of the ASME Boiler and occura later.

Pressure Vessel Code, referenced in (b) Within one day of any vote taken paragraphs (c)(3)(iv)(B)(1) and pursuant to paragraph (a) of this section, (c)(3)(iv)(B)(2) of this section, have been S 9.106(a), or S 9.108(c), the Secretary PART 50--DOMESTIC LICENSING OF approved for incorporation by reference shall make publicly available at the NRC PRODUCTION AND UTILIZATION by the Director of the Office of the Web site, http://www.nrc. gov, a written FACILITIES Federal Register. A notice of any copy of such vote reflecting the vote of

34. The authority citation for Part 50 changes made to tFe material each member on the question. If a continues to read as follows:

inc rp rated by reference w'ill be portion of a meeting 1s to be closed to published in the Federal Register, the public, the Secretary shall, within Authority: Sets. 102,103,104,105.161.

Copies of the ASME Boiler and Pressure 182,183,186,189. 68 Stat 936,937,938.

one day of the vote taken pursuant to Vessel Code may be purchased from the d

paragraph (a) of this section or

$ $3[,$"lf,',856; as ad db2 d s"h American Society of Mechanical S 9.108(a), make publicly available at 2132,2133.2134,2135.2201,2232,2233, Engineers, United Engineering Center, the NRC Web site, http://wnw.ntc. gov, a 2236,2239,2282), seca. 201, as amended.

345 East 47th Street, New York, NY.

full written explanation of its action 202,206,88 Stat.1242. as amended 1244, 10017. It is also avallable for inspection closing the portion together with a list 1246,142 U.S.C. 5841,5842,58461 at the NRC Technical Reference Library, b-

l 48952 Federal Register /Vol. 64,'No.174 / Thursday, September 9,1999/ Rules and Regulations

)

Two White Flint North, Room 2B9, Appendix 0 to Part so-Standardization of 104 Stat. 2835 (42 U.S.C. 2243:. Sections 11545 Rockville Pi.ke, Rockville, MD.

Design; Staff Review of Standard Designs 51.20,51.30. 51.60. 51.80, and 51.97 a;so issued under secs. 135,141. Pub. L 97 -425,

5. Upon completion of their review of a 96 Stat. 2232,2241.and sec.148, Pub. L 100-37, in S 50.66, the introductory text of submittal under this a$endix, the NXC 203,101 Stat.1330-223 (42 U.S.C.10155, paragraph (a), paragraph (a)(2), the regulatory staff shall p lish in the Federal 10161,10168). Section 51.22 also issued introductory text of paragraph (f)(2), and Register a determination as to whether or not under sec. 274. 73 Stat 688, as amended b-paragraph (f)(3) are revised to read as the preliminary or final design is acceptable.

92 Stat. 3036-3038 (42 U.S.C. 2021) and follows:

subject to such conditions as may be under Nuclear Waste Policy Act of 1982, sec.

appropriate, and make available at the NRC 121,96 Stat. 2228 (42 U.S.C.10141). Sections

$ 50.66 Requirements for thermal Web site. http:Naww.nre. gor, an analysis of 51.41,51.67, and 51.109 also issued under annealing of the reactor pressure vessel.

the design in the form of a report. An Nuclear Waste Policy Act of 1982. sec.114(f) approved design shall be utilized by and 96 Stat. 2216. as amended (42 U.S C.

(a) For those light water nuclear.

relied upon by the regulatory staff and the 10134(f)).

power reactors where neutron radiation ACRS in their review of any individual

41. In S 51.62, paragraph (a) is revised has reduced the fracture toughness of facility license pplication which to read as follows:

the reactor vessel materials, a thermal incorporates by reference a design approved annealing may be applied to the reactor in accordance with this paragraph unless

$ 51.62 Environmental report-land vessel to recover the fracture toughness there exists sigmficant new information disposal of radioactive waste licensed of the material. The use of a thermal which substantially affects the earlier under 10 CFR part 61.

determmati n r ther good cause.

(a) Each applicant for itsuance of a Ennealing treatment is subject to the requirements in this section. A report license for land disposal of radioactive describing the licensee's plan for

39. In Appendix Q to Part 50, waste pursuant to part 61 of this chapter conducting the thermal annealing must f aragraph 4 is revised to read as shall submit with its application to the II Ws:

Director of Nuclear Material Safety and b3 submitted in accordance with 5 50.4 et least three years prior to the date at Appendix Q to Part 50--Pre-application Safeguards the number of copies, as which the limiting fracture toughness Early Review of Site Suitability Issues specified in S 51.66 of a separate document, entitled " Applicant's criteria in S 50.61 or appendix G to part 50 would be exceeded. Within three

4. Upon completion of review by the Environmental Report-License for years of the submittal of the Thermal NRC staff and,if appropriate by the Land Disposal of Radioactive Waste."

Annealing Report and at least thirty ACRS, of a submittal under this The environmental report and any days prior to the start of the thermal appendix, the NRC staff shall prepare a supplement to the environmental report annealing, the NRC will review the Staff Site Report which shall identify may incorporate by reference Thermal Annealing Report and make the location of the site, state the site information contained in the available the results of its evaluation at suitability issues reviewed, explain the application or in any previous j

the NRC Web site, http://www.ntc. gov.

nature and scope of the review, state the application, statement or report filed The licensee may begin the thermal conclusions of the staff regarding the with the Commission provided that enneal after:

issues reviewed and state the reasons for such references are clear and specific those conclusions. Upon issuance of an and that copies of the information so (2) The NRC makes available the NRC Staff Site Report, the NRC staff incorporated are available at the NRC i

I results ofits evaluation of the Thermal shall publish a notice of the availability Web site, http://www.nrc. gov, and/or at Annealing Report at the NRC Web site, of the report in the Federal Re8 nter and the NRC Public Document Room.

f i

shall make the report available at the hffP://"V;nrc. gov; and NRC Web site, http://www.ntc. gov The

42. Section 51.120 is revised to read NRC staff shall also send a copy of the as follows:

(f) * *

• report to the Governor or other

$ 51.120 Availability of environmental (2) Within 15 days after the NRC's appropriate official of the State in which documents for public inspection.

receijst of the licensee submissions the site is located, and to the chief copies of environmental reports, draft J

required by paragraphs (c)(1), (c)(2) and executive of the municipality in which and final environmentalimpact (c)(3)(1) through (iii) of this section, the the site is located or, if the site is not statements, environmental assessments, NRC staff shall make available at the located in a municipality, to the chief and findings of no significant impact, NRC Web site, http://www.nrc. gov, a executive of the county.

together with any related comments and summary ofits inspection of the environmental documents, will be made licensee's thermal annealing, and the available at the NRC Web site, http://

Commission shall hold a public PART 51-ENVIRONMENTAL www.ntc. gov, and/or at the NRC Public meeting:

PROTECTION REGULATIONS FOR Document Room' paragraph (a) and (b)

DOMESTIC LICENSING AND RELATED e

43. In 5 51.123, REGULATORY FUNCTIONS (3) Within 45 days of NRC's receipt of are revised to read as follows:

the licensee submissions required by

40. The authority citation for Part 51 951.123 Charges for environmental Paragraphs (c)(1), (c)(2) and (c)(3)(1) continues to read as follows:

documents; distribution to public; through (iii) of this section, the NRC Authority: Sec.161,68 Stat. 948, as distribution to governmental agencies, staff shall complete full documentation amended sec. 1701,106 Stat. 2951,2952, (a) Distribution to public. Upon ofits inspection of the licensee's 2953, (42 U.S C. 2201,2297f); secs. 201, as written request to the Reproduction and cnnealing process and make available amended. 202,88 Stat.1242, as amended Distribution Services Section, Office of this documentation at the NRC Web site, 1244 (42 U.S.C. 5841,5842). Subpart A als the Chief Information Officer, U.S.

issue under National Environ t

ic http://www.nre. gov.

N 1

Cohh

38. In Appendix 0 to'Part 50 954, as amended (42 U.S.C. 4332. 4334.

Washington, DC 2n555-0001, and to the parsgraph 5 is revised to read as 4335); and Pub. L95-604. Title 11,92 Stat.

extent available, single copies of draft follows:

3033-3041: and sec.193, Pub. L.101-575, environmental impact statements and l

I Federal Register /Vol. 64, No.174 / Thursday, September 9,1999/ Rules and Regulations 48953

(

. draft findings of no significant impact

40. In Appendix B to Part 52, Section PART 60-DISPOSAL OF HIGH-LEVEL will be made available to interested VI, paragraph E.1.b. is revised to read as RADIOACTIVE WASTE IN GEOLOGIC persons withovt charge. Single copies of follows:

REPOSITORIES final environmental impact statements Ap ndix B to Part 52-Design Certification

49. The authority citation for Part 60 En final findings of no significant Ru for the System 80+ Design continues to read as follows-impact will also be provided without charge to the persons listed in Authority: Secs. 51,53,62,63,65,81,161,

$$ 51,93(a) and 51,119(c), respectively.

E lssue Resolution 182,183,68 Stat. 329,930,932,933,935.

948,953,954,as amended (42 U.S.C. 2071, When more than one copy of an h

.3 sf environmentalimpact statement or a E.*

Sta.1244,1246 (42 finding of no significant impact is

?,*

U.S C. 5842,5846); secs. to and 14, Pub. L requested or when available NRC copies

b. The reason why the information 95-601,92 Stat. 2951 (42 U.S.C. 2021a and have been exhausted, the requestor will currently available to the public at the NRC 5851); sec.102, Pub. L.91-190,83 Stat. 853 be advised that the NRC will provide Web site, http://www.nrc. gov, and/or at the (42 U.S.C. 4332); secs.114,121, Pub. L 97-copies at the charges specified in 5 9.35 NRC Public Document Room, is insufficient.

425,96 Stat. 2213g,2228, as amended (42 U.S.C.10134,10141).and Puh. L. 102-486, of this chapter.

~

(b) Distribution to governmental 47 In A ndix 0 to Part 52'

50. In S 60.2 the definition of Public agencies. Upon written request to the aragraph 5 is revised to read as Document Room is removed and the Reproduction and Distribution Services fogggw3*

new defm' itions of NRCPublic Section, Office of the ChiefInformation -

Officer U.S. Nuclear Regulatory Appendix 0 to Part 52-Standardir.ation of Document Room and NRC Web site are Commission, Washington, DC 20555_

Design; Stair Review of Standard Designs added to read as follows:

0001, and to the extent available, copies

$ 60.2 DdnWons.

of draft and final. environmental impact

5. Upon completion of their review of a statements and draft final findings of no submittal under this appendix, the NRC significant impact will be made, regulatory staff shall publish in the rederal NRCPublic Document Room means available in the number requested to Register a determination as to whether or not the facility at 2120 L Street, NW.,

Federal, State and local agencies, Indian the preliminary or final design is acceptable, Washmgton, DC where certain pubh,c subject to such conditions as may be records of the NRC that were made tribes, and State, regional and appropriate, and make available at the NRC available for public mspection in paper metrdo olitan clearinghouses. When Web site, http://www.nrc gov, an analysis of or microfiche pnor to the l

aval e NRC copies have been approved design shall be utilized by and Documents Access and Management exhausted, the requester will be advtsed. the design in the form of a report. Animplementation of the NRC Agencywide that the NRC will provide copies at the relied upon by the regulatory staff and the

}

g charges specified in S 9.35 of this ACRS in their raview of any individual l e a 1 for

chapter, facility license application which Public inspection. It is also the P ace l

mcorporates by reference a design approved e

in accordance with this paragraph unless where computer terminals are available PART 52-EARLY SITE PERhhTS; there exists significant new information to access the Electronic Reading Room STANDARDS DESIGN which substantially affects the earlier component of ADAMS on the NRC Web CERTIFICATIONS; AND COMBINED determination or other good cause.

site, http://www.ntc. gov, where copies can be made or ordered as set forth in LICENSES FOR NUCLEAR POWER 6 9.35 of this chapter. The facility is PLANTS

48. In Appendix Q to Part 52, staffed with reference librarians to assist

44. The authority citation for Part 52

]agraph 4 is revised to road as the public in identifying and locating ws continues to read as follows:

documents and in using the NRC Web Appendix Q to Part 52-Pre-Application site and ADAMS. The NRC Public Authority: Secs. 103,104,161,182,183, 186,68 Stat. 936,948,953,954,955,956, as Early Review of Site Sultability Issues.

Document Room is open from 7:45 am to 4:15 pm, Monday through Friday, emended, sec. 234,83 Stat.1244, as amended (42 U.S.C. 2133,2201,2232,2233,2236,

4. Upon completion of review by the NRC except on Federal holidays. Reference 2239,2282); secs. 201,202,206,88 Stat.

staff and,if appropriate by the ACRS,of a service and access to documents may 1242,1244,1246,as amended (42 U.S.C.

submittal under this appendix, the NRC staff also be requested by telephone (202-5841,5842,5846).

shall prepare a Staff Site Report which shall 634-3273 or 80G-397-4209) between

45. In Appendix A to Part 52. Section identify the location of the site, state the site 8:30 am and 4:15 pm, or by e-mail wtability issues reviewed, explain the (PDR@nrc. gov), fax (202-634-3343), or VI, paragraph E.1.b. is revised to read as follows:

nature and scope of the review, state the letter (NRC Public Document Room, LL-conclusions of the staff regarding the issues Appendix A to Part 52-Design Certification reviewed and state the reasons for those 6, Washington, DC 20555- 0001).

NRC Weo site, http://www.nrc. gov is Rule For the U.S. Advanced Bolling conclusions. Upon issuance of an NRC Staff the Internet uniform resource locator Reactor.

Site Report, the NRC staff shall publish a name for the Internet address of the Web notice of the availability of the report in the e

Federal Register and shall make available a site where NRC will ordinarily make E Issue Resolution.

copy of the report at the NRC Web site, http:/ available its public records for

/www.nn gov. The NRC staff shall also send inspection.

E.*

a copy of the report to the Governor or other 1.*

appropriate official of the State in which the

51. In 6 60.18, paragraph (f) is revised

b. The reasun why the information site is located, and to the chief executive of to read as follows:

currently ava table to the public at the NRC the municipality in shich the site is located Web site, http//www.nic. gov, and/or at the or, if the site is not located in a municipality, $ 60.18 Review of site characterization NRC Public Document Room, is insufficient; to the chief executive of the county.

activities.

48954 Federal Register /Vol. 64, No.174 / Thursday, September 9,1999/ Rules and Regulations l

(i) The Director shall publish in the amended 88 Stat.1242,1248, as amended 5851); sec.102, Pub. L.91-190,83 Stat. 853 Federal Register a notice of availability (42 U.S.C 5841,5849); secs. 3,4,5,6,99 (42 U.S.C. 4332); secs.131,132,133,135, of the site characterization analysis and Sta t.184 3.1844,184 5,1846,184 7,1848.

137,141 Pub. L 97-425,96 Stat. 2229,2230, 1849,1850,1851,1852,1853,1854,1855, 2232, 2241, sec.148, Pub. L.104-203.101 a request for public comment withm, a 1856,1857,(42 U.S.C. 2021c,2021d,20218, Stat. t330-235 (42 U.S.C 10151,10152, reasonable period, as specified (not less 202 H).

10M3,10M5,10157,10W,10168).

than 90 days). The notice along with l

copies of the site characterization 55, in S 62.11, paragraph (b) is revised Secs. 72.44(g) also issued under secs. 142(b) and 148(c), (d), Pub. L 100-203,101 to read as follows:

enalysis shall be available at the NHC Stat.1330-232,122a-236 (42 U.S.C Web site, http://www.nrc. gov, and

$ 62.11 Filing and distribution of a 10162(b),10168(c), (d)). Sectio 72.46 also copies of any comments received will determir,ation request.

issued under sec.189. 68 Stat. 955 (42 U.S.C.

also be made available there.

2239); sec.134, Pub. L. 9/425,96 Stat. 2230 (42 U.S.C.10154). Section 72.96(d) also (b) Upon receipt of a request for a issued under sec.145(g). Pub. L. 97-100-203, l

52, in S 60.61, paragraph (d) is revised determination, the Secretary of the 101 Stat.1330-235 (42 U.S.C 10165(g)).

to read as follows:

Commission shall publish a notice Subpart J also issued under secs. 2(2),2(15),

acknowledging receipt of the request in 2(19),117(a),141(h), Pub. L.97-425,96 Stat.

$ 60.61 Provision of information.

the Federal Register. The notice must 2202,2203,2204,2222,2224. (42 U.S.C require that public comment on the 101 1,1 137(a),1 161(b)). Subparts K and L (d) Copies of all communications by request be submitted within to days of am als issued under sec.133,98 Stat. 2230 SC)0198)'P" " "

the Director under this section are the publication date of the notice. A 225 2 available at the NRC Web site, http //

copy of the request will be made www.nic. gov, and/or at the NRC Public available for inspection or copying at 5,8. In S 72.200, paragrapu, (c) 13 revised to read as follows:

Document Room, and copies are the NRC Web site, http://www.ntc. gov, furnished to DOE.

and/or at the NRC Public Document

$ 72.200 Provision of MRS information,

53. In $ 60.63, paragra hs (b) and (f)

Room. The Secretary of the Commission are revised to read as fo ows:

shall also transmit a copy of the request (c) Copies of all communications by

$ 60.63 Participation in license reviews.

to the U.S. Department of Energy, to the the Director or the Director's designee Governors of the States of the Compact under this section must be made a

(b)In addition, whenever an area has regi n where the waste is generated, to available at the NRC Web site, http://

the Governors of the States with www.nrc. gov, and/or at the NRC Public been approved by the President for site characterization, a State or an affected peratmg non Federallow-level,

Document Room, and must be furnished Indian Tribe may submit to the Director radioactive waste disposal facilities, to to DOE.

a proposal to facilitate its participation the Compact Commissions with in the review of a site characterization Perating regional low-level radioactive PART 75-SAFEGUARDS ON plan and/or license application. The waste disposal facilities, and to the NUCLEAR MATERIAL-G vern rs ithe States in the Compact IMPLEMENTATION OF US/lAEA proposal may be submitted at any time cnd must contain a description and Commissions with operating disposal AGREEMENT schedule of how the State or affected facilities.

59. The authority citation for Part 75 Indian Tribe wishes to participate in the continues to read as follows:

review, or what services or activities the

56. In S 62.22, paragraph (c) is revised 1

State or affected Indian Tribe wishes.

to read as follows:

Authority: Socs. 53,63,103,104,122,161, 68 Stat. 930,932,936,937,939,948, as NRC to carry out, and how the services

$ 62.22 Notice of issuance of a amended (42 U.S.C 2073. 2093,2133,2134, or activities proposed to be carried out determination 2152,2201); sec. 201,88 Stat.1242, as by NRC would contribute to such amended (42 U.S.C 5841).

participation. The proposal may include (c) The Secretary of the Commission Section 75.4 also issued under secs.135, I

educational or information services 141, Pub. L. f '-425,96 Stat. 2232,2241 (42 I

shall make a copy of the final (seminars, public meetings) or other determination available for inspection at tctions on the part of NRC, such as the NRC Web site, http://www.nrc. gov.

60. In S 75.2, paragraph (b) is revised employment or exchange of State to read as follows:

personnel under the Intergovernmental PART 72-LICENSING Personnel Act REQUIREMENTS FOR THE g 75.2 Scope.

INDEPENDENT STORAGE OF SPENT (f) Proposals submitted under this NUCLEAR FUEL AND HIGH-LEVEL (b) The United States eligible list is a section, and responses thereto, shall be RADIOACTIVE WASTE list of installations eligible for IAEA 57, safeguards under the US/IAEA made available et the NIlC Web site htt ://www.nre. gov, and/or at the NRC c ntm, The authority citation for Part 72Safeguards Agreement which the ues to read as follows:

Secretary of State or his designee files

- Pu lic Document Room.

Authority: Secs. 51,53,57,62,63,65,69, with the Commission. A copy of this list PART 62-CRITERIA AND 81,161,182,183,184,186,187,189,68 Stat.

is available for inspection at the NRC PROCEDURES FOR EMERGENCY 929,930,932,933,934,935,948,953,954, Web site, http://www.nrc. gov, and/or at ACCESS TO NON-FEDERAL AND 955, as amended, sec. 234,83 Stat. 444, as the NRC Public Document Room, in REGIONAL LOW-LEVEL WASTE amended (42 U.S.C 2071,2073,2077,2092, accordance with the provisions of the 2$$4 2S 2! 2 3k 2hbl;s 274 P'ub.

Agr ement, the following activities are DISPOSAL FACILITIES excluded from the United States eligible

54. The authority citation for Part 62 L 86-373,73 Stat. 688, as amended (42 g,

continues to read as follows:

$8C2 S4,1h6h2 (i) Activities having direct national s 201 '

dd 3,

.d Autinority: Secs. 81,161, as amended,68 U.S.C 5841, 584 2, 5846), Pub. L.95-601, sec, security significance.

Stl. 935,948,949,950,951, as amended (42 10,92 Stat. 2951, as amended by Pub. L 102-(2) Activities involving mining and U.S.C 2111,2201); secs. 201,209, as 486, sec. 7902,106 Stat. 3123 (42 U.S.C ore processing.

I Fedeisl Register /Vol. 64, No.174/ Thursday, September 9,1999/ Rules and Regulations 48955 PART 76-CERTIFICATION OF Authority: Secs. 51,53,54,57,63,64,65, name for the Internet address of the Web GASEOUS DIFFUSION PLANTS 81,82.103,104,109.111,126.127,12a.129, site where NRC will ordinarily make 161,181,182,183.187,189,68 Stat. 929, available its public records for

61. The authority citation for Part 76 930,931,932,933,936,937,948,953.G54, continues to read as follows:

955,956, as amended (42 U.S.C 2071,2073.

inspection, 2074,2077,2092-2095,2111,2112,2133.

Authority: Secs.161,68 Stat. 948, as 2134,2139,2139a.2141,2154-2158,2201,

67. In S 110.70, paragraph (d) is cmended, seca. 1312,1701, as amended 100 2231-2233,2237,2239); sec. 201,88 Stat.

removed and paragraph (a)is revised to Stat. 2932,2951,2952,2953,110 Stat.1321-1242, as amended (42 U.S.C 5841), sec. 5.

read as follows:

349 (42 U.S.C 2201,2297b-11,2297f); seca.

Pub. L 101-575,104 Stat. 2835 (42 U.S.C 201, as amended,204,206,88 Stat.1244, 1245,1246 (42 U.S.C 5841,5842,5845' 2243)~

5110.70 Public notice of receipt of Sections 110.1(b)(2) and 110.1(b)(3) also application.

[pN394_34tt t,,132N321-349 issued under Pub. L 96-92,93 Stat. 710 (22 (a) The Commission will notice the 6

234(a,83 a 444

(42 U~S.C' 2243(a))

U.S C. 2403). Section 110.11 also issued receipt of each license application for an Sec. 76.7 also issued under Pub. L 95-601, under sec.122,68 Stat. 939 (42 U.S.C. 2152) export or im), ort for which a specific Sec.10,92 Stat. 2951 (42 U.S.C 5851). Sec.

and secs. 54c and 57d.,88 Stat. 473,475 (42 license is required by making a copy adaW at b E M e, W:N ed,10 bat 2835 as u rs 39 0

nen e t y Pub.

e L 104-134,110 Stat.1321,1321-349 (42 110.50(b)(3) also issued under sec.123. 92 WWW DTC 80F-U.S.C 2243(f)). Sec. 76.35{j) also issued Stat.142 (42 U.S.C. 2153). Section 110.51 under sec.122,68 Stat. 939 (42 U.S.C 2152).

also issued under sec.184,68 Stat. 954, as

68. Section 110.71 is revised to read amended (42 U.S.C 2234). Section 110.52 as follows-

62. In 6 76.37, paragraph (a) is revised also issued under sec.186,68 Stat. 955 (42 to read as follows:

U.S.C 2236). Sections 110.80-110.113 also

$ 110.71 Notice of withdrawalof an issued under (5 U.S.C 552,554). Sections application.

$ 76.37 Federal Register notice, 110.130-110.135 also issued under (5 U.S.C-The Commission will notice the 553). Sections 110.2 and 110.42(a){9) als withdrawal of an application by making (a) A notice of the filing of an issued under sec. 903, Pub. L 102-496 (42 a co available at the NRC Web site, epplication specifying that copies of the U.S.C. 2151 et. seq).

g rpplication, except for Restricted Data,

66. In $ 110.2 the definition of Public

69. In 9110.72, the section heading Unclassified Controlled Nuclear Document Room is removed and new and introductory text are revised to read Information, Classified National definitions of NRCPublic Document as follows:

Secunty Information, Safeguards Room and NRC Web site are added to information, Proprietary Data, or other read as follows:

5110.72 Public availability of documents.

withholdable information will be made Unless exempt from disclosure under available for the public inspection at the 9110.2 Definitions.

part 9 of this chapter, the following NRC Web site, http://www.nrc. gov; documents pertaining to each license

=

NRCPublic Document Room means and license application for an import or the facility at 2120 L Street, NW.,

export requiring a specific license under PART 100-REACTOR SITE CRITERIA Washington, DC where certain public this part will be made available at the records of the NRC that were made

63. The authority citation for Part 100 NRC Web site, http://www.nic. gov, and/

continues to read as follows:

available for public inspection in paper or at the NRC Public Document Room:

or microfiche prior to the Authority: Secs.103,104,161,182,68 implementation of the NRC Agencywide

70. In S 110.112, paragraph (b) is Stat. 936,937,948,953, as amended (42 U.S.C. 2133,2134,2201,2232); secs. 201, as Documents Access and Management revised to read as follows:

amended,202,80 Stat.1242, as amended.

System, commonly referred to as 1244 (42 U.S.C. 5841,5842).

ADAMS, will remain available for

$ 110.112 Reporter and transcript for an

64. In $ 100.11 the undesignated Public inspection. It is also the place oral hearing.

paragraph after the note is removed and where computer terminals are available t access the Electronic Reading Room (b) Except for any classified ortions, a new paragra h (c)is added above the note to read as follows:

C mPonent of ADAMS on the NRC Web transcripts will be made availa le at the sit e, http://wnw.nre. gov, where copies NRC Web site, http://www.nrc. gov, and/

l

$ 100.11 Determination of exclusion area, can be made or ordered as set forth in or at the NRC Public Document Room.

low population zone, and population center S 9.35 of this chapter.The facility is dietence staffed with reference librarians to assist

71. In $ 110.113, paragraph (c) is the public in identifying and locating revised to read as follows:

(c) Copies of TechnicalInformation documents and in using the NRC Web Document 14844 may be obtained at the site and ADAMS. The NRC Public 5110.113 commission action.

NRC Web site, http://www.nre. gor, at Document Room is open f'om 7:45 am the NRC Public Document Room,2120 to 4:15 pm, Monday through Friday, (c)If the Commission considers L Street, NW., Washington, D.C., or by except on Federal holidays. Reference information not in the hearing record in I

writing the Director of Nuclear Reactor service and access to documents may reaching its licensing decision, the j

Regulation, U.S. Nuclear Regulatory also be requested by telephone (202-hearing participants will be informed Commission, Washington, DC 20555-634-3273 or 800-397-4209) between and,if not classified or otherwise 0001.

8:30 am and 4:15 pm, or by e-mail privileged, the information will be made (PDR@nrc. gov), fax (202-634-3343), or available at the NRC Web site, http://

PART 110-EXPORT AND IMPORT OF letter (NRC Public Document Room, LL-waw.ntc. gov, and furnished to the NUCLEAR EQUIPMENT AND 6 Washington, D.C. 20555-0001).

participante.

MATER!AL

65. The authorny citation for Part 110 NRC Web site, http://www.nrc. gov, is Dated at Rodville, Maryland, this 24th day continues to read as follows:

Oe Internet uniform resource locator of August,1999.

1 48956 Federal Register /Vc1. 64, No.174/ Thursday, Sept;mber 9,1999/ Rules and Regulations h

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k at the Nuclear Regulatory Commission.

Stuart Reiter,

' Acting Chiefinformation Officer l

[FR Doc. 99-23160 Filed 9M9: 8:45 am]

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