REGULATIONS AND AMENDMENTS PUT INTO EFFECT - FY 1998

Information Collection Requirements: Statutory and Technical Amendments - 10 CFR

Chapter 1

On October 6, 1997 (62 FR 52184), the NRC published an amendment to its

regulations, effective immediately, that implements the Paperwork Reduction Act to make

changes required by statute and to make technical correcting amendments.

Codes and Standards; IEEE National Consensus Standard - Part 50

On October 17, 1997 (62 FR 53932), the NRC published an amendment to its

regulations, effective January 1, 1997, to incorporate by reference IEEE Std. 603-1991, a

national consensus standard for power, instrumentation, and control portions of safety systems

in nuclear power plants. The companion proposed rule also was published on October 17, 1997

(62 FR 53975). This direct final rule was withdrawn on December 23, 1997 (62 FR 66977).

Minor Correcting Amendments - Parts 13, 32, 50, 51, 55, 60, 72, and 110

On November 3, 1997 (62 FR 59275), the NRC published an amendment to its

regulations, effective immediately, to correct several miscellaneous errors in the Code of

Federal Regulations.

Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14

Urea - Parts 30 and 32

On December 2, 1997 (62 FR 63634), the NRC published an amendment to its

regulations, effective January 2, 1998, to permit NRC licensees to distribute a radioactive drug

containing one microcurie of carbon-14 urea to any person for “in vivo” diagnostic use. This

action was taken in response to a petition for rulemaking submitted by Tri-Med Specialties, Inc.

(PRM-35-12).

Changes to Nuclear Power Plant Security Requirements - Part 73

On December 2, 1997 (62 FR 63640), the NRC published an amendment to its

regulations to delete certain security requirements associated with an internal threat. This

amendment, effective January 16, 1998, reduces the regulatory burden on licensees without

compromising physical protection against radiological sabotage required for public health and

safety.

Criticality Accident Requirements - Parts 50 and 70

On December 3, 1997 (62 FR 63825), the NRC published an amendment to its

regulations, effective February 17, 1998, to provide light-water nuclear power reactor licensees

with greater flexibility in meeting the requirement that licensees authorized to possess more

than a small amount of special nuclear material maintain a criticality monitoring system in each

area where the material is handled, used, or stored. The companion proposed rule also was

published on December 3, 1997 (62 FR 63911). This direct final rule was withdrawn on

February 25, 1998 (63 FR 9402).
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Deliberate Misconduct by Unlicensed Persons - Parts 30, 32, 40, 50, 52, 60, 61, 70, 71, 72,

110, and 150

On January 13, 1998 (63 FR 1890), the NRC published an amendment to its

regulations, effective February 12, 1998, that extends the deliberate misconduct rule to six

categories of persons that would subject these categories of persons to enforcement action for

deliberate misconduct.

Electronic Freedom of Information Act: Implementation - Part 9

On January 20, 1998 (63 FR 2873), the NRC published an amendment to its

regulations, effective February 19, 1998, that implements the Electronic Freedom of Information

Act Amendments of 1996, which are designed to bring the Freedom of Information Act (FOIA)

into the electronic age by clarifying that FOIA applies to records maintained in hard copy or

electronic format. 

Statement of Organization and General Information; Minor Amendments - Parts 1, 2, 4, 7,

9, 15, 16, 76, and 110

On April 1, 1998 (63 FR 15740), the NRC published an amendment to its regulations,

effective immediately, to revise its statement of organization to reflect the creation of the Office

of the Chief Financial Officer and the Office of the Chief Information Officer, the reorganization

of the Office of Administration, and other minor changes.

Access Authorization Fee Schedule for Licensee Personnel - Parts 11 and 25

On May 7, 1998 (63 FR 25156), the NRC published an amendment to its regulations to

revise the fee schedule for background investigations of licensee personnel who require access

to National Security Information and/or Restricted Data and access to or control over Special

Nuclear Material. These amendments, effective immediately, comply with current regulations

that provide that the NRC will publish fee adjustments upon notification of any changes in the

rates charged the NRC by the Office of Personnel Management for conducting investigations.

Physical Protection for Spent Nuclear Fuel and High-Level Radioactive Waste - Parts 60,

72, 73, 74, and 75

On May 15, 1998 (63 FR 26955), the NRC published an amendment to its regulations to

clarify physical protection requirements for spent nuclear fuel and high-level radioactive waste

stored at independent spent fuel storage installations, monitored retrievable storage

installations, and geologic repository operations areas. This amendment, effective 

November 12, 1998, codifies standards for protecting spent fuel at the various storage sites

licensed under the Commission’s regulations.

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing

Licensees - Parts 30, 40, 50, 70, and 72

On June 1, 1998 (63 FR 29535), the NRC published an amendment to its regulations,

effective July 1, 1998, to allow additional materials licensees and non-electric utility reactor
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licensees who meet certain financial criteria to self-guarantee funding for decommissioning. 

License Term for Medical Use Licenses - Part 35

On June 10, 1998 (63 FR 31604), the NRC published an amendment to its regulations

to eliminate the 5-year term limit for medical use licenses. The final rule, effective July 10,

1998, reduces the administrative burden of license renewals on a 5-year cycle for NRC and

licensees and supports NRC’s goals of streamlining the licensing process.

Revision of Fee Schedules; 100 Percent Fee Recovery, FY 1998 - Parts 2, 140, 170, 

and 171

On June 10, 1998 (63 FR 31840), the NRC published an amendment to its regulations,

effective August 10, 1998, amending the licensing, inspection, and annual fees charged to its

applicants and licensees. The final rule implements the Omnibus Budget Reconciliation Act of

1990, which mandates that the NRC recover approximately 100 percent of its budget authority

in Fiscal Year 1998, less amounts appropriated from the Nuclear Waste Fund.

Requirements for Shipping Packages Used to Transport Vitrified High-Level Waste - 

Part 71

On June 15, 1998 (63 FR 32600), the NRC published an amendment to its regulations,

effective July 15, 1998, to add vitrified high-level waste contained in a sealed canister designed

to maintain waste containment during handling activities associated with transport to the forms

of plutonium that are exempt from the double-containment packaging requirements for

transportation of plutonium.

License Applications for Certain Items Containing Byproduct Material - Part 32

On June 17, 1998 (63 FR 32969), the NRC published an amendment to its regulations,

effective August 17, 1998, to allow the distribution of timepieces that contain less than 25 mCi

of gaseous tritium light sources to be regulated according to the same requirements that

regulate timepieces containing tritium paint. This action was taken in response to a petition for

rulemaking submitted by mb-microtec, Inc. (PRM-32-4).

Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial

Radiographic Operations; Clarifying Amendments and Corrections - Part 34

On July 9, 1998 (63 FR 37059), the NRC published an amendment to its regulations,

effective immediately, to clarify several ambiguities and to make corrections to the revised

regulations (May 28, 1997; 62 FR 28948) governing licenses for industrial radiography and

radiation safety requirements for industrial radiographic operations.

Adjustment of the Maximum Retrospective Deferred Premium - Part 140

On July 21, 1998 (63 FR 39015), the NRC published an amendment to its regulations,

effective August 20, 1998, to increase the maximum secondary retrospective deferred

premium to $83.9 million per reactor per accident (but not to exceed $10 million in any 1 year)
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for liability insurance coverage in the event of nuclear incidents at licensed, operating

commercial nuclear power plants with a rated capacity of 100,000 kW or more. This inflation

adjustment is required by the Price-Anderson Amendments Act of 1988 (Pub. L. 100-408, 102

Stat. 1066) to be made at least once each 5 years.

Minor Corrections, Clarifying Changes, and a Minor Policy Change - Parts 20, 32, 35, 

36, and 39

On July 23, 1998 (63 FR 39477), the NRC published an amendment to its regulations to

make minor corrections and clarifying changes to NRC’s 10 CFR Part 20, “Standards for

Protection Against Radiation.” This final rule, effective October 26, 1998, is intended to

conform other regulations with the Commission’s May 21, 1991 (56 FR 23360) revision

radiation protection requirements.

Physical Protection for Spent Nuclear Fuel and High-Level Radioactive Waste: Technical

Amendment - Part 73

On September 16, 1998 (63 FR 49413), the NRC published an amendment to its

regulations, effective November 12, 1998, to correct the inappropriate inclusion of

surveillance/assessment and illumination systems within the requirement for tamper indication

and line supervision. The companion proposed rule also was published on September 16, 1998

(63 FR 49505).

Transfer for Disposal and Manifests; Minor Technical Conforming Amendment - Part 20

On September 21, 1998 (63 FR 50127), the NRC published an amendment to its

regulations to remove expired provisions concerning low-level waste shipment manifest

information from the regulations. The final rule, effective November 20, 1998, also makes an

additional correction to the scope section of Part 20 to rectify an inadvertent change.

Financial Assurance Requirements for Decomissioning Nuclear Power Reactors - Parts

30 and 50

On September 22, 1998 (63 FR 50465), the NRC published an amendment to its

regulations requiring power reactor licensees to report periodically on the status of their

decommissioning funds, and on changes in their external trust agreements and other financial

assurance mechanisms. The amendment effective, November 23, 1998, also allows licensees

to take credit for certain earnings on decommissioning trust funds.

REGULATIONS AND AMENDMENTS PROPOSED

Codes and Standards; IEEE National Consensus Standard - Part 50

On October 17, 1997 (62 FR 53975), the NRC published an amendment to its

regulations that would incorporate by reference IEEE Std. 603-1991, a national consensus

standard for power, instrumentation, and control portions of safety systems in nuclear power

plants. The companion direct final rule also was published on October 17, 1997 (62 FR 53932). 
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Financial Protection Requirements for Permanently Shutdown Nuclear Power Reactors -

Parts 50 and 140

On October 30, 1997 (62 FR 58690), the NRC published an amendment to its

regulations that would allow nuclear reactor licensees to reduce onsite and offsite liability

coverage during permanent shutdown of the reactors if they meet specified reactor

configurations.

Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of

High-Level Radioactive Waste at a Geologic Repository - Part 2

On November 13, 1997 (62 FR 60789), the NRC published an amendment to its

regulations that would amend its Rules of Practice for the licensing proceeding on the disposal

of high-level radioactive waste at a geologic repository.

Industry Codes and Standards; Amendment Requirements - Part 50

On December 3, 1997 (62 FR 63892), the NRC published an amendment to its

regulations that would revise the requirements for construction, inservice inspection, and

inservice testing of nuclear power plant components. 

Criticality Accident Requirements - Parts 50 and 70

On December 3, 1997 (62 FR 63911), the NRC published an amendment to its

regulations to provide light-water nuclear power reactor licensees with greater flexibility in

meeting the requirement that licensees authorized to possess more than a small amount of

special nuclear material maintain a criticality monitoring system in each area where the material

is handled, used, or stored. The companion direct final rule also was published on 

December 3, 1997 (62 FR 63825).

Minor Revision of Design Basis Accident Dose Limits for Independent Spent Fuel

Storage and Monitored Retrievable Storage Installations - Part 72

On March 19, 1998 (63 FR 13372), the NRC published an amendment to its regulations

that would revise the design basis accident dose limits for Independent Spent Fuel Storage

Installations and Monitored Retrievable Storage Installations to conform to the dose

calculational methodology currently used in the regulations that specify standards for protection

against radiation. The amendment also makes a minor change to match the limits in the 

Environmental Protection Agency’s regulations.

Revision of Fee Schedules; 100% Fee Recovery, FY 1998 - Parts 2, 140, 170, and 171

On April 1, 1998 (63 FR 16046), the NRC published an amendment to its regulations

that would revise the licensing, inspection, and annual fees charged to its applicants and

licensees. The proposed amendments are necessary to implement the Omnibus Budget

Reconciliation Act of 1990, which mandates that the NRC recover approximately 100 percent of

its budget authority in Fiscal Year 1998.
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Codes and Standards; IEEE National Consensus Standard - Part 50

On April 23, 1998 (63 FR 20136), the NRC published an amendment to its regulations

that would incorporate by reference IEEE Std. 603-1991, “Criteria for Safety Systems for

Nuclear Power Generating Stations,” a national consensus standard for power, instrumentation,

and control portions of safety systems in nuclear power plants.

Miscellaneous Changes to Licensing Requirements for the Independent Storage of Spent

Nuclear Fuel and High-Level Radioactive Waste - Part 72

On June 9, 1998 (63 FR 31364), the NRC published an amendment to its regulations

that would correct several inconsistencies and clarify certain sections of the regulations.

Respiratory Protection and Controls to Restrict Internal Exposures - Part 20

On July 17, 1998 (63 FR 38511), the NRC published an amendment to its regulations

that would make certain regulations more consistent with the philosophy of controlling the sum

of internal and external radiation exposure, reflect current guidance on respiratory protection

from the American National Standards Institute, and make the requirements less prescriptive

without reducing worker protection.

Expand Applicability of Regulations to Holders of, and Applicants for, Certificates of

Compliance and Their Contractors and Subcontractors - Part 72

On July 23, 1998 (63 FR 39526), the NRC published an amendment to its regulations

that would expand the applicability of its regulations to holders of, and applicants for,

Certificates of Compliance and their contractors and subcontractors. 

Conformance to National Policies for Access to and Protection of Classified

Information - Parts 10, 11, 25, and 95

On August 3, 1998 (63 FR 41206), the NRC published an amendment to its regulations

that would conform the requirements for the protection of and access to classified information

to new national security policy documents.

Medical Use of Byproduct Material; Proposed Revision - Parts 20, 32, and 35

On August 13, 1998 (63 FR 43516), the NRC published an amendment to its regulations

governing the medical use of byproduct material. This rule would respond to a petition for

rulemaking submitted by the University of Cincinnati (PRM-20-24). A related Policy Statement

“Medical Use Policy Statement,” also was published on August 13, 1998 (63 FR 43580).

Clarification of the Assessment Requirements for the Siting Criteria and Performance

Objectives - Part 60

On September 8, 1998 (63 FR 47440), the NRC published an amendment to its

regulations that withdraws a proposed rule published in the Federal Register on July 9, 1993

(58 FR 36902). This rule would have clarified uncertainties in regulations that contain generic
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criteria governing the disposal of high-level radioactive wastes in geologic repositories.

Streamlined Hearing Process for NRC Approval of License Transfers - Parts 2 and 51

On September 11, 1998 (63 FR 48644), the NRC published an amendment to its

regulations that would provide specific uniform procedures and rules of practice for handling

requests for hearings associated with license transfer applications involving both material and

reactor licensees. 

Elimination of Reporting Requirement and 30-Day Hold in Loading Spent Fuel After

Preoperational Testing of Independent Spent Fuel Storage or Monitored Retrievable

Storage Installations - Part 72

On September 14, 1998 (63 FR 49046), the NRC published an amendment to its

regulations that would eliminate the requirement that a report of the preoperational testing of an

independent spent fuel storage installation or monitored retrievable storage installation be

submitted to the NRC at least 30 days before the receipt of spent fuel or high-level radioactive

waste.

Certification Renewal and Amendment Processes - Part 76

On September 15, 1998 (63 FR 49301), the NRC published an amendment to its

regulations that would modify the process for certificate renewals, establish a process for

certificate amendments comparable to the process currently used to amend a fuel cycle license,

revise the appeal process for amendments, eliminate the “significant” designation for

amendments, simplify the criteria for persons who are eligible to file a petition for review of an

amendment action, remove references to the initial application because the initial certificates

have been issued, and lengthen the time periods associated with filing a petition for review.

Physical Protection for Spent Nuclear Fuel and High-Level Radioactive Waste: Technical

Amendment - Part 73

On September 16, 1998 (63 FR 49413), the NRC published an amendment to its

regulations that would correct the inappropriate inclusion of surveillance/assessment and

illumination systems within the requirement for tamper indication and line supervision. The

companion direct final rule also was published on September 16, 1998 (63 FR 49413).

Monitoring the Effectiveness of Maintenance at Nuclear Power Plants - Part 50

On September 30, 1998 (63 FR 52201), the NRC published an amendment to its

regulations that would require that licensees assess the cumulative effect of out-of-service

equipment on the plants capability to perform safety functions before beginning any

maintenance activity on structures, systems, or components within the scope of the

maintenance rule. 
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ADVANCE NOTICES OF PROPOSED RULEMAKING

Acceptability of Plant Performance for Severe Accidents; Scope of Consideration in

Safety Regulations - Part 50 

On October 14, 1997 (62 FR 53250), the NRC published a notice of withdrawal of an

advance notice of proposed rulemaking (September 28, 1992; 57 FR 44513) that outlined

alternative approaches to generic regulation addressing the challenges from severe accidents

for future light-water reactors.

Reporting Requirements for Nuclear Power Reactors - Part 50

On July 23, 1998 (63 FR 39522), the NRC published an advance notice of proposed

rulemaking requesting comments regarding the update of current rules, including reducing or

eliminating the reporting burden associated with events of little or no safety significance, and

better alignment of the rules with the NRC’s current needs, including revising reporting

requirements based on importance to risk and extending the required reporting times consistent

with the need for prompt NRC action.