REGULATIONS AND AMENDMENTS PUT INTO EFFECT - FY 1997

Adjustment of Civil Monetary Penalties for Inflation - Parts 2 and 13

On October 11, 1996 (61 FR 53554), the NRC published an amendment to its

regulations to adjust the maximum civil monetary penalties under statutes within the

jurisdiction of the NRC. This amendment, effective November 12, 1996, is mandated by

Congress in the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the

Debt Collection Improvement Act of 1996.

Disposal of High-Level Radioactive Wastes in Geologic Repositories; Design Basis

Events - Part 60

On December 4, 1996 (61 FR 64257), the NRC published an amendment to its

regulations, effective January 3, 1997, to address the measures that are required to provide

defense in depth against the consequences of design basis events. These measures

include prescribed design requirements, quality assurance requirements, and the

establishment of a preclosure controlled area from which members of the public can be

excluded. 

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean

Air Act - Part 20

On December 10, 1996 (61 FR 65120), the NRC published an amendment to its

regulations, effective January 9, 1997, to establish a constraint of 10 mrem (0.1mSv) per

year total effective dose equivalent for dose to members of the public from air emissions of

radionuclides from NRC-licensed facilities, other than power reactors.

Reactor Site Criteria Including Seismic and Earthquake Engineering Criteria for

Nuclear Power Plants - Parts 21, 50, 52, 54, and 100

On December 11, 1996 (61 FR 65157), the NRC published an amendment to its

regulations, effective January 10, 1997, to update the criteria used in decisions regarding

power reactor siting, including geologic, seismic, and earthquake engineering considerations

for future nuclear power plants. In this rulemaking, the Commission also denied the

remaining issue in a petition (PRM-50-20) filed by Free Environment, Inc., et al.

Environmental Review for Renewal of Nuclear Power Plant Operating Licenses - Part

51

On December 18, 1996 (61 FR 66537), the NRC published an amendment to its

regulations, effective January 17, 1997, on the environmental review of applications to renew

the operating licenses of nuclear power plants to make minor clarifying and conforming

changes and to add language inadvertently omitted from Table B-1 of the rulemaking

published June 5, 1996 (61 FR 28467). 
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Recognition of Agreement State Licenses in Areas Under Exclusive Federal

Jurisdiction Within an Agreement State - Parts 150 and 170

On January 13, 1997 (62 FR 1662), the NRC published an amendment to its

regulations to clarify that Agreement State licensees may seek reciprocal recognition of their

license from the NRC when they are working within areas of exclusive Federal jurisdiction in

Agreement States. This amendment, effective February 27, 1997, also clarifies NRC

regulatory requirements for reciprocity and the appropriate fees and filing procedures

applicable to Agreement State licensees operating under reciprocity.

Duplication Fees - Part 9

On January 28, 1997 (62 FR 3984), the NRC published an amendment to its

regulations, effective January 28, 1997, that revises the charges for copying records publicly

available at the NRC Public Document Room in Washington, D.C.

Criteria for the Release of Individuals Administered Radioactive Material - Parts 20

and 35

On January 29, 1997 (62 FR 4120), the NRC published an amendment to its

regulations, effective May 29, 1997, that requires licensees to provide written instructions to

patients on how to maintain the doses to others as low as is reasonably achievable if the

total effective dose equivalent to any other individual exposed to the released patients is

likely to exceed 1 millisievert (0.1 rem).

Fissile Material Shipments and Exemptions - Part 71

On February 10, 1997 (62 FR 5907), the NRC published an amendment to its

regulations, effective February 10, 1997, that restricts the use of beryllium and other special

moderating materials (i.e., graphite and deuterium) in the shipment of fissile materials and

consigns quantity limits on fissile exempt shipments.

USEC Privatization Act: Certification and Licensing of Uranium Enrichment Facilities -

Parts 2, 40, 70, and 76

On February 12, 1997 (62 FR 6664), the NRC published an amendment to its

regulations, effective April 14, 1997, to bring the certification and licensing of uranium

enrichment facilities regulations into conformance with the United States Enrichment

Corporation Privatization Act. The companion proposed rule was also published on February

12, 1997 (62 FR 6672).

Conduct of Employees; CFR Part Removal - Part 0

On April 4, 1997 (62 FR 16053), the NRC published an amendment to its regulations,

effective immediately, to remove the provisions concerning the conduct of employees from

the Code of Federal Regulations.
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Access to and Protection of Classified Information - Parts 25, 50, 54, and 95

On April 11, 1997 (62 FR 17683), the NRC published an amendment to its

regulations to conform the requirements for the protection of access to classified information

to new national security policy documents. This amendment, effective May 12, 1997,

ensures that classified information in the possession of NRC licensees and others under the

NRC’s regulatory requirements is protected in accordance with current national policies.

NRC Region II Telephone Number and Address Change - Parts 1, 20, 30, 40, 70, and 73

On April 28, 1997 (62 FR 22879), the NRC published an amendment to its

regulations, effective April 28, 1997, to change the address and telephone number of the

NRC Region II office.

Standard Design Certification for the U.S. Advanced Boiling Water Reactor Design - 

Part 52

On May 12, 1997 (62 FR 25800), the NRC published an amendment to its regulations

to certify the U.S. Advanced Boiling Water Reactor (ABWR) design. This amendment,

effective June 11, 1997, is necessary so that applicants for a combined license that intend

to construct and operate the U.S. ABWR design may do so by appropriately referencing this

regulation.

Informal Small Entity Guidance - Part 2

On May 13, 1997 (62 FR 26219), the NRC published an amendment to its regulations

to provide a method for small entities to contact the NRC for assistance in interpreting or

complying with regulatory requirements. This amendment, effective immediately, is

necessary to comply with the Small Business Regulatory Enforcement Fairness Act. 

Environmental Report--Materials Licenses - Part 51

On May 14, 1997 (62 FR 26730), the NRC published an amendment to its

regulations, effective July 14, 1997, to eliminate the requirement that an environmental

report be submitted by uranium mill licensees at the time of license termination. The

companion proposed rule was also published on May 14, 1997 (62 FR 26733).

Facsimile Telephone Number and Address Change for the NRC’s Office of the 

Secretary - Parts 2 and 110

On May 20, 1997 (62 FR 27494), the NRC published an amendment to its

regulations, effective immediately, to change the name, address, and facsimile telephone

numbers of the Docketing and Service Branch, Office of the Secretary.

Standard Design Certification for the System 80+ Design - Part 52

On May 21, 1997 (62 FR 27840), the NRC published an amendment to its regulations

to approve the System 80+ design. This action, effective June 20, 1997, is necessary so
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that applicants for a combined license that intend to construct and operate the System 80+

design may do so by appropriately referencing this regulation. 

Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial

Radiographic Operations - Parts 30, 34, 71, and 150

On May 28, 1997 (62 FR 28948), the NRC published an amendment to its

regulations, effective June 27, 1997, to update radiation safety requirements to enhance the

level of protection of radiographers and the public. 

Revision of Fee Schedules; 100% Fee Recovery, FY 1997 - Parts 170 and 171

On May 29, 1997 (62 FR 29194), the NRC published an amendment to its regulations

revising the licensing, inspection, and annual fees charged to its applicants and licensees. 

This amendment, effective July 28, 1997, is 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 1997, less amounts appropriated from the Nuclear

Waste Fund. 

Radiological Criteria for License Termination - Parts 20, 30, 40, 50, 51, 70, and 72

On July 21, 1997 (62 FR 39058), the NRC published an amendment to its regulations

regarding decommissioning of licensed facilities to provide specific radiological criteria for

the decommissioning of lands and structures. The amendment became effective on August

20, 1997; however, licensees may defer implementation until August 20, 1998. The rule is

intended to provide a clear and consistent regulatory basis for determining the extent to

which lands and structures can be considered to be decommissioned.

Program Fraud Civil Remedies; Technical Amendment - Part 13

On July 29, 1997 (62 FR 40427), the NRC published an amendment to its

regulations, effective immediately, to correct a paragraph numbering error contained in the

NRC’s regulations implementing the Program Fraud Civil Remedies Act of 1986.

Definition of Safety-Related Structures, Systems, and Components; Technical

Amendment - Part 50

On September 8, 1997 (62 FR 47268), the NRC published an amendment to its

regulations, effective November 7, 1997, to correct an error in the language of several

sections in the regulations governing nuclear power plant licensing that define the term

“safety-related structures, systems, and components.” These definitions are inconsistent

with the definition in regulations applicable to the siting of nuclear power plants and the

Commission’s longstanding practice and interpretation of that term. The companion

proposed rule was also published on September 8, 1997 (62 FR 47272).
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Employees; Minor Amendment - Part 19

On September 15, 1997 (62 FR 48165), the NRC published an amendment to its

regulations, effective immediately, to refer to the August 1997 NRC Form 3 “Notice to

Employees,” or the latest version of this form provided by the Commission.

REGULATIONS AND AMENDMENTS PROPOSED

Deliberate Misconduct by Unlicensed Persons - Parts 30, 32, 40, 50, 52, 60, 61, 70, 71,

72, 110, and 150

On October 4, 1996 (61 FR 51835), the NRC published an amendment to its

regulations that would extend the deliberate misconduct rule to six categories of persons so

that they may be subject to enforcement action for deliberate misconduct.

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

36, and 39

On October 7, 1996 (61 FR 52388), the NRC published an amendment to its

regulations that would make minor corrections and clarifying changes to the standards for

protection against radiation. The proposed amendment also would conform other parts with

the Commission’s revised radiation protection requirements and revise the monitoring

criterion for minors from 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) in a year and for declared

pregnant women from 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) during their pregnancies.

USEC Privatization Act: Certification and Licensing of Uranium Enrichment Facilities -

Parts 2, 40, 70, and 76

On February 12, 1997 (62 FR 6672), the NRC published an amendment to its

regulations that would bring the requirements for certifying uranium enrichment facilities and

licensing atomic vapor laser isotope separation (AVLIS) technology into conformance with

the United States Enrichment Corporation Privatization Act. The companion direct final rule

was also published on February 12, 1997 (62 FR 6664).

Changes to Nuclear Power Plant Security Requirements - Part 73

On February 20, 1997 (62 FR 7721), the NRC published an amendment to its

regulations that would delete certain security requirements associated with an internal threat. 

This amendment would reduce the regulatory burden on licensees without compromising

physical protection against radiological sabotage required for public health and safety.

Revision of Fee Schedules; 100% Fee Recovery, FY 1997 - Parts 170 and 171

On February 27, 1997 (62 FR 8885), the NRC published an amendment to its

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

applicants and licensees. This amendment would implement the Omnibus Budget

Reconciliation Act of 1990, which mandates that the NRC recover approximately 100 percent
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of its budget authority in Fiscal Year 1997, less amounts appropriated from the Nuclear

Waste Fund.

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

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

On April 30, 1997 (62 FR 23394), the NRC published an amendment to its

regulations that would allow additional materials licensees and non-electric utility reactor

licensees who meet certain financial criteria to self-guarantee funding for decommissioning.

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

Part 71

On May 8, 1997 (62 FR 25146), the NRC published an amendment to its regulations

that would remove canisters of vitrified high-level waste containing plutonium from the

packaging requirement for double containment. This amendment is in response to a

petition for rulemaking (PRM-71-11) filed by the Department of Energy.

Environmental Report--Materials Licenses - Part 51

On May 14, 1997 (62 FR 26733), the NRC published an amendment to its regulations

that would eliminate the requirement that an environmental report must be submitted by

uranium mill licensees at the time of license termination. The companion direct final rule was

also published on May 14, 1997 (62 FR 26730).

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

Urea - Parts 30 and 32

On June 16, 1997 (62 FR 32552), the Commission published an amendment to its

regulations that would permit NRC licensees to distribute a radioactive drug containing one

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

Radiological Criteria for License Termination: Uranium Recovery Facilities - Parts 20 

and 40

On July 21, 1997 (62 FR 39093), the Commission published a notice requesting

additional comment on radiological criteria for license termination for uranium recovery

facilities. This action is intended to provide full consideration of the issues associated with

the decommissioning of these facilities and the regulatory options for resolving these issues.

License Term for Medical Use Licenses - Part 35

On July 31, 1997 (62 FR 40975), the Commission published an amendment to its

regulations that would eliminate the five-year term limit for medical use licenses in 10 CFR

35.18.
-7-

Frequency of Reviews and Audits for Emergency Preparedness Programs, Safeguards

Contingency Plans, and Security Programs for Nuclear Power Reactors - Parts 50 

and 73

On July 31, 1997 (62 FR 40978), the NRC published an amendment to its regulations

that would change the frequency of licensees’ independent reviews and audits for their

emergency preparedness programs, safeguards contingency plans, and security programs. 

This amendment is being proposed in response to two petitions for rulemaking filed by

Virginia Power Company (PRM-50-59 and PRM-50-60).

Initial Licensed Operator Examination Requirements - Part 55

On August 7, 1997 (62 FR 42426), the NRC published an amendment to its

regulations that would require all nuclear power facility licensees to prepare, proctor, and

grade the written examinations and prepare the operating tests that the NRC currently uses

to evaluate the competence of individuals applying for operator licenses at those plants. 

Reporting Requirements for Unauthorized Use of Licensed Radioactive Material - Part

20

On August 11, 1997 (62 FR 42948), the NRC published a notice of withdrawal of

proposed rulemaking that would have required licensees to notify the NRC Operations

Center within 24 hours of discovering an intentional or allegedly intentional diversion of

licensed radioactive material from its intended or authorized use. The amendment also

would have required licenses to notify the NRC when they are unable, within 48 hours of

discovery of the event, to rule out that the use was intentional.

Electronic Freedom of Information Act: Implementation - Part 9

On September 5, 1997 (62 FR 46922), the NRC published an amendment to its

regulations that would implement the Electronic Freedom of Information Act Amendments of

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

information and electronic age by clarifying that FOIA applies to records maintained in hard

copy or electronic format.

Definition of Safety-Related Structures, Systems, and Components; Technical

Amendment - Part 50

On September 8, 1997 (62 FR 47272), the NRC published an amendment to its

regulations that would correct an error in the language of several sections in the regulations

governing nuclear power plant licensing that define the term, “safety-related structures,

systems, and components.” These definitions are inconsistent with the definition in

regulations applicable to the siting of nuclear power plants and the Commission’s

longstanding practice and interpretation of that term. The companion direct final rule was

also published on September 8, 1997 (62 FR 47268)
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Financial Assurance Requirements for Decommissioning Nuclear Power Reactors - 

Part 50

On September 10, 1997 (62 FR 47588), the NRC published an amendment to its

regulations that would require power reactor licensees to report periodically on the status of

their decommissioning funds and on the changes in their external trust agreements.

License Applications for Certain Items Containing Byproduct Material - Part 32

On September 19, 1997 (62 FR 49173), the NRC published an amendment to its

regulations that would permit the distribution of timepieces containing gaseous tritium light

sources to be regulated in accordance with the same requirements as timepieces containing

tritium paint. This amendment would address PRM-32-4 filed by mb-microtec, Inc.

ADVANCE NOTICES OF PROPOSED RULEMAKING

Specific Domestic Licenses of Broad Scope for Byproduct Material - Part 33

On November 14, 1996 (61 FR 58346), an advance notice of proposed rulemaking

was published to invite public comment on the NRC’s regulations governing specific licenses

of broad scope for byproduct material to clarify the regulatory and health and safety basis of

current licensing practices and to provide licensees with the flexibility to make certain types

of changes to their radiation safety programs.

Medical Use of Byproduct Material: Issues and Request for Public Input - Part 35

On August 6, 1997 (62 FR 42219), an advance notice of proposed rulemaking was

published to invite public comment on the development of proposed rule language governing

the medical use of byproduct material and associated documents.