REGULATIONS AND AMENDMENTS PUT INTO EFFECT - FY 1992

Salary Offset Procedures for Collecting Debts Owed by Federal Employees to the

Federal Government - Parts 15 and 16

On October 16, 1991 (56 FR 51829), the NRC published an amendment to its

regulations establishing procedures to collect certain debts owed by Federal employees to the

NRC and other Federal agencies by deduction(s) from their pay. This amendment, effective

November 15, 1991, is necessary to conform NRC regulations to the Debt Collection Act of

1982 which requires each agency to establish a salary offset program for the collection of these

debts.

Material Control and Accounting Requirements for Uranium Enrichment Facilities

Producing Special Nuclear Material of Low Strategic Significance - Parts 2, 40, 70 and 74

On October 31, 1991 (56 FR 55991), the NRC published an amendment to its

regulations to include performance-based material control and accounting requirements that will

apply to uranium enrichment facility licensees who produce significant quantities of special

nuclear material of low strategic significance. This amendment, effective December 2, 1991, is

necessary to ensure that enrichment facilities produce enriched uranium of low strategic

significance only as authorized. This amendment applies to all applicants who build or operate

enrichment facilities.

Revision of Fee Schedules; 100 Percent Fee Recovery; Clarification of Size Standards -

Part 171

On November 13, 1991 (56 FR 57587), the NRC published an amendment to its

regulations, effective immediately, concerning the payment of annual fees to clarify the

provisions that identify the size standards used to determine whether an NRC licensee would

qualify as a "small entity" under the Regulatory Flexibility Act for the purpose of paying a

reduced annual fee. 

Nuclear Power Plant License Renewal - Parts 2, 50, 54 and 140

On December 13, 1991 (56 FR 64943), the NRC published an amendment to its

regulations that establishes the requirements that an applicant for renewal of a nuclear power

plant operating license must meet, the information that must be submitted to the NRC for

review so that the agency can determine whether those requirements have in fact been met,

and the application procedures. This amendment, effective January 13, 1992, is necessary to

provide the regulatory requirements for extending nuclear power plant operating licenses

beyond 40 years.

Exclusion of Attorneys From Interviews Under Subpoena - Part 19

On December 19, 1991 (56 FR 65948), the NRC published an amendment, effective

January 21, 1992, revoking its regulations pertaining to exclusion of attorneys from interviews

under subpoena. These regulations were vacated upon judicial review by the United States

Court of Appeals for the District of Columbia Circuit.
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Reorganization of the Office of Governmental and Public Affairs - Part 1

On January 15, 1992 (57 FR 1638), the NRC published an amendment to its

regulations, effective immediately, to reflect the Commission's decision to abolish the Office of

Governmental and Public Affairs and to reassign its subordinate offices and functions. 

DOE-L or DOE-Q Reinvestigation Program for NRC-R Access Authorization Renewal

Requirements - Part 11

On January 22, 1992 (57 FR 2441), the NRC published an amendment to its regulations

to allow an exception to NRC-R access authorization renewal requirements. This amendment,

effective February 21, 1992, is intended to reduce administrative and investigative costs to

affected licensees and administrative costs to the Federal government.

NRC Licensee Reinvestigation Program - Part 25

On January 31, 1992 (57 FR 3719), the NRC published an amendment to its

regulations, effective March 31, 1992, to require a reinvestigation program for NRC licensee

personnel with "Q" and "L" access authorizations and to amend the fee schedule to recover the

investigative costs. The reinvestigation program is consistent with the Department of Energy's

program for its contractors and with NRC's policy of reinvestigating its own employees,

consultants, contractors, experts, and panel members.

Revisions to Procedures to Issue Orders - Parts 2 and 15

On February 4, 1992 (57 FR 4152), the NRC published an amendment to its

regulations, effective immediately, to conform several sections in 10 CFR Parts 2 and 15 to the

changes in Part 2 contained in the final rule "Revisions to Procedures to Issue Orders;

Deliberate Misconduct by Unlicensed Persons," which was effective September 16, 1991 (56

FR 40678; August 15, 1991).

Fingerprint Cards: Resubmittal Procedure Change - Part 73

On March 4, 1992 (57 FR 7645), the NRC published an amendment to its regulations to

conform to new procedures adopted by the Federal Bureau of Investigation. This amendment,

effective April 3, 1992, reflects an administrative change pertaining to the resubmittal of

rejected fingerprint cards associated with granting access to Safeguards Information or for

granting unescorted access to an operating nuclear power plant as required by Public Law 93-

399. 

Limited Revision of Fee Schedules - Parts 170 and 171

On April 17, 1992 (57 FR 13625), the NRC published an amendment to its regulations to

make two limited changes to its assessment of license and annual fees. The amendment

assesses license fees, which are based on the full-cost method, quarterly instead of

semiannually and establishes a lower tier small entity annual fee for those licensees that are

small entities with relatively low annual gross receipts or supporting populations. This

amendment, effective May 18, 1992, is intended to improve NRC financial management and
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further mitigate the impact of the annual fee on small licensees with relatively low annual gross

receipts or supporting populations.

Uranium Enrichment Regulations - Parts 2, 40, 50, 51, 70, 75, 110, 140, 150 and 170

On April 30, 1992 (57 FR 18388), the NRC published an amendment to its regulations,

effective June 1, 1992, concerning the licensing of uranium enrichment facilities to reflect

changes made to the Atomic Energy Act of 1954, as amended by the Solar, Wind, Waste, and

Geothermal Power Production Incentives Act of 1990.

Revisions to Procedures to Issue Orders: Challenges to Orders That Are Made

Immediately Effective - Part 2

On May 12, 1992 (57 FR 20194), the NRC published an amendment to its regulations,

effective June 11, 1992, to allow challenges to the immediate effectiveness of an order to be

made at the outset of a proceeding and provide procedures for the expedited consideration and

disposition of these challenges. The amendment also requires that challenges to the merits of

an immediately effective order be heard expeditiously, except where good cause exists for

delay.

Acquisition Regulation (NRCAR): Debarment - 48 CFR Chapter 20

On July 1, 1992 (57 FR 29220), the NRC published an amendment to its regulations,

effective July 31, 1992, establishing the Nuclear Regulatory Commission Acquisition Regulation

(NRCAR). The NRCAR is intended to implement and supplement the government-wide Federal

Acquisition Regulation. This final rule contains only the agency's debarment, suspension, and

ineligibility procedures. 

Decommissioning Funding for Prematurely Shut Down Power Reactors - Part 50 

On July 9, 1992 (57 FR 30383), the NRC published an amendment to its regulations,

effective August 10, 1992, on the timing of the collection of funds for decommissioning for those

nuclear power reactors that have shut down before the expected ends of their operating lives.

This amendment requires that the NRC evaluate decommissioning funding plans for power

reactors that shut down prematurely on a case-by-case basis. The NRC's evaluation would take

into account the specific safety and financial situations at each nuclear power plant.

Revision of Fee Schedules; 100% Fee Recovery, FY 1992 - Parts 170 and 171

On July 23, 1992 (57 FR 32691), the NRC published an amendment to its regulations,

effective August 24, 1992, to amend the licensing, inspection, and annual fees charged to its

applicants and licensees. The amendments are necessary to implement Public Law 101-508,

signed into law on November 5, 1990, which mandates that the NRC recover approximately 100

percent of its budget authority in Fiscal Year (FY) 1992 less amounts appropriated from the

Nuclear Waste Fund. The amount to be recovered for FY 1992 is approximately $492.5 million.
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Minor Amendments to the Physical Protection Requirements - Parts 70, 72, 73 and 75

On July 29, 1992 (57 FR 33426), the NRC published an amendment to its regulations

that covers the physical protection of special nuclear material. This amendment, effective on

August 28, 1992, (1) supplements the definitions section, (2) deletes action dates that no longer

apply, (3) corrects outdated terms and cross references, (4) clarifies wording that is susceptible

to differing interpretations, (5) corrects typographical errors, and (6) makes other minor

changes.

Codes and Standards for Nuclear Power Plants - Part 50

On August 6, 1992 (57 FR 34666), the NRC published an amendment to its regulations,

effective September 8, 1992, that incorporate by reference the 1986 Addenda, 1987 Addenda,

1988 Addenda, and 1989 Edition of Section III, Division 1, of the American Society of

Mechanical Engineers Boiler and Pressure Vessel Code (ASME Code), and the 1986 Addenda,

1987 Addenda, 1988 Addenda and 1989 Edition of Section XI, Division 1, of the ASME Code. 

Standards for Protection Against Radiation; Extension of Implementation Date - Parts 19

and 20

On August 26, 1992 (57 FR 38588), the NRC published an amendment to its regulations

extending the implementation date for its revised standards for protection against radiation and

making a conforming change to its regulations. This amendment, effective September 25,

1992, extends the date by which the NRC licensees are required to implement the revised

standards for protection against radiation to January 1, 1994. The 1-year extension provides

licensees additional time to examine and implement the regulatory guidance developed to

support the rule. It also establishes a concurrent implementation date for the NRC licensees

and Agreement State licensees.

Reducing the Regulatory Burden on Nuclear Licensees - Parts 20 and 50

On August 31, 1992 (57 FR 39353), the NRC published an amendment to its

regulations, effective October 1, 1992, to reduce the regulatory burden on nuclear licensees.

This action reflects an initiative undertaken by the Commission in response to a Presidential

memorandum requesting that selected Federal agencies review and modify regulations that

would eliminate any unnecessary burden of governmental regulation and ensure that the

regulated community is not subject to duplicative or inconsistent regulation. The NRC's

Committee to Review Generic Requirements identified eight areas where regulations could be

revised to reduce the regulatory burden on licensees without reducing the protection for the

public health and safety or the common defense and security. The final amendments address

unnecessary regulatory requirements related to the frequency of reporting information, analysis

of emergency core cooling systems for operating power reactors, and clarification and update

of regulations affecting certain material licensees.

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

On September 10, 1992 (57 FR 41375), the NRC published an amendment to its

regulations, effective October 13, 1992, to revise the fee schedule for background
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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

comply with current regulations that provide that the NRC will publish fee adjustments

concurrent with notifications of any changes in the rate charged the NRC by the Office of

Personnel Management for conducting investigations. This rule also inserts full identification

(NRC Form number and name) of several forms used in the NRC personnel security process.

Quality Management Program and Misadministrations; NRC Override of OMB

Disapproval of NRC Information Collection Request - Part 35

On September 10, 1992 (57 FR 41376), the NRC published an amendment to its

regulations, effective immediately, announcing the Commission's vote to override the Office of

Management and Budget (OMB) disapproval of the information collection requirements

imposed in the final rule entitled "Quality Management Program and Misadministrations" (July

25, 1991; 56 FR 34104). This amendment reflects OMB's assignment of a new control number

to these information collection requirements. 

Minor Modifications to Nuclear Power Reactor Event Reporting Requirements - Part 50

On September 10, 1992 (57 FR 41378), the NRC published an amendment to its

regulations to make minor modifications to the current nuclear power reactor event reporting

requirements. The final rule, effective October 13, 1992, reduces the industry's reporting

burden and the NRC's response burden in event review and assessment.

REGULATIONS AND AMENDMENTS PROPOSED

Decommissioning Recordkeeping and License Termination: Documentation Additions -

Parts 30, 40, 70, and 72

On October 7, 1991 (56 FR 50524), the NRC published an amendment to its regulations

that would require holders of a specific license for possession of byproduct material, source

material, special nuclear material, and independent storage of spent nuclear fuel and high-level

radioactive waste to prepare and maintain additional documentation identifying areas where

licensed materials and equipment were stored or used outside restricted areas, areas where

spills have occurred, locations and contents of current and previous burial areas within the site,

and equipment involved in the licensing activity that will remain on site at the time of termination

of the license. This amendment would provide greater assurance that decontamination and

decommissioning of licensed facilities are carried out in accordance with the Commission's

regulations.

Physical Fitness Programs and Day Firing Qualifications for Security Personnel at

Category I Licensee Fuel Cycle Facilities - Part 73

On December 13, 1991 (56 FR 65024), the NRC published an amendment to its

regulations that would amend security personnel performance regulations for fuel cycle facilities

possessing formula quantities of strategic special nuclear material (Category I licensees).
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Exclusion of Attorneys From Interviews Under Subpoena - Part 19

On December 19, 1991 (56 FR 65949), the NRC published an amendment to its

regulations that would provide for the exclusion of counsel from interviews of a subpoenaed

witness when that counsel represents multiple interests and there is concrete evidence that

such representation would obstruct and impede the investigation. The proposed amendments

are designed to ensure the integrity and efficacy of the investigative and inspection process.

Concurrently, the NRC published a final rule (December 19, 1991; 56 FR 65948), effective

January 21, 1992, revoking its previously published attorney exclusion regulations. Those

regulations were vacated upon judicial review.

Requirements for the Possession of Industrial Devices Containing Byproduct Material -

Parts 31 and 32

On December 27, 1991 (56 FR 67011), the NRC published an amendment to its

regulations that would govern the safe use of byproduct material in certain measuring, gauging,

or controlling devices. The proposed changes are intended to ensure that general licensees are

aware of and understand the requirements for the possession of devices containing byproduct

material. 

Clarification of Statutory Authority for Purposes of Criminal Enforcement - Parts 11, 19,

20, 21, 25, 26, 30, 31, 32, 33, 34, 35, 39, 40, 50, 52, 53, 54, 55, 60, 61, 70, 71, 72, 73, 74, 75,

95, 110, 140, and 150

On January 3, 1992 (57 FR 222), the NRC published an amendment to its regulations

that would clarify the applicability of the criminal penalty provisions of the Atomic Energy Act of

1954, as amended, to certain regulations. The proposed rule would identify more clearly those

regulations which may subject the violator to criminal penalties for willful violation, attempted

violation, or conspiracy to violate.

Training and Qualification of Nuclear Power Plant Personnel - Parts 50 and 52

On January 7, 1992 (57 FR 537), the NRC published an amendment to its regulations

that would require each applicant for and each holder of a license to operate a nuclear power

plant to establish, implement, and maintain a training program for nuclear power plant

personnel based on a systems approach to training. The amendment is being proposed to meet

the directives of Section 306 of the Nuclear Waste Policy Act of 1982.

Limited Revision of Fee Schedules - Parts 170 and 171

On January 9, 1992 (57 FR 847), the NRC published an amendment to its regulations

that would govern the assessment on license and annual fees. The proposed amendments

would improve NRC financial management and further mitigate the impact of the annual fee on

small licensees with relatively low annual gross receipts or supporting populations. 
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Licensing Requirements for Land Disposal of Radioactive Wastes - Part 61

On March 6, 1992 (57 FR 8093), the NRC published an amendment to its regulations

containing licensing requirements for low-level radioactive waste (LLW) disposal facilities. The

proposed amendment would simplify LLW disposal facility licensing interactions for NRC, the

NRC Agreement States, and potential applicants for LLW disposal licenses.

Low-Level Waste Shipment Manifest Information and Reporting - Parts 20 and 61

On April 21, 1992 (57 FR 14500), the NRC published an amendment to its regulations

that would improve low-level waste (LLW) manifest information and reporting. The proposed

amendment would (1) Improve the quality and uniformity of information contained in manifests

which are required to control transfers of LLW intended for disposal at a land disposal facility;

(2) Establish a set of forms to serve as a national Uniform Low-Level Radioactive WAste

Manifest, in response to requests by Compacts and States; (3) Require the use of one of these

forms as a mandatory shipping paper for LLW transport; (4) Require LLW disposal site

operators to electronically store the information contained in the Uniform Manifest documents

for each container; and (5) Require the disposal site operators to report the Uniform Manifest

information on a machine-readable medium (e.g., magnetic disks or tapes).

Loss of All Alternating Current Power - Part 50

On April 21, 1992 (57 FR 14514), the NRC published an amendment to its regulations

regarding the reliability of onsite alternating current sources for light-water-cooled nuclear

power plants. The proposed amendment would require licensees to test and monitor

emergency diesel generators (EDG) against criteria that indicate possible degradation from the

EDG target levels selected for determining the specified station blackout duration.

Receipt of Byproduct and Special Nuclear Material - Part 50

On April 24, 1992 (57 FR 15034), the NRC published an amendment to its regulations

that would allow a reactor licensee to receive back byproduct and special nuclear material that

is produced by operating the reactor after that waste has been sent offsite to be reduced in

volume by compaction or incineration. The proposed amendment would ensure that licensees

have adequate short-term on-site storage capacity for self-generated LLW until permanent

disposal capacity is available.

Import and Export of Radioactive Wastes - Part 110

On April 28, 1992 (57 FR 17859), the NRC published an amendment to its regulations

that would reflect the September 1990 decision of the General Conference of the International

Atomic Energy Agency approving a voluntary Code of Practice to guide Nation States in the

development and harmonization of policies and laws on the international transboundary

movement of radioactive waste. The proposed amendment would conform U.S. policies with

these international recommendations.
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Revision of Fee Schedules; 100% Fee Recovery, FY 1992 - Parts 170 and 171

On April 29, 1992 (57 FR 18095), the NRC published an amendment to its regulations

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

licensees. The proposed amendment would implement Public Law 101-508, signed into law on

November 5, 1990, which mandates that the NRC recover approximately 100 percent of its

budget authority in Fiscal Year 1992, less amounts appropriated from the Nuclear Waste Fund. 

Fitness-for-Duty Requirements for Licensees Who Possess, Use, or Transport Category I

Material - Parts 26, 70 and 73

On April 30, 1992 (57 FR 18415), the NRC published an amendment to its regulations

that would establish fitness-for-duty requirements for licensees authorized to possess, use, or

transport unirradiated formula quantity of strategic special nuclear material.

Standards for Protection Against Radiation; Extension of Implementation Date - Parts 19

and 20

On May 19, 1992 (57 FR 21216), the NRC published an amendment to its regulations

that would extend the date by which NRC licensees are required to implement the revised

standards for protection against radiation to January 1, 1994. The proposed amendment would

also establish a concurrent implementation date for NRC licensees and Agreement State

licensees by eliminating the 1-year period during which Agreement States could continue to

enforce the existing Part 20 while the NRC would be enforcing the revised standards.

Clarification of Physical Protection Requirements at Fixed Sites - Part 73

On May 29, 1992 (57 FR 22670), the NRC published an amendment to its regulations

that would make clear that the Commission's regulations do not require protection against both

radiological sabotage and theft of special nuclear material at all facilities. The proposed

amendment would also add a requirement that nonpower reactor licensees who operate at or

above 2 megawatts thermal protect against radiological sabotage.

Departures From Manufacturer's Instructions; Elimination of Recordkeeping

Requirements - Parts 30 and 35

On June 11, 1992 (57 FR 24763), the NRC published an amendment to its regulations

that would eliminate certain recordkeeping requirements related to the preparation and use of

radiopharmaceuticals. The proposed rule would eliminate recordkeeping requirements related

to the justification for and a precise description of the departure, and the number of departures

from the Food and Drug Administration's approved manufacturer's instructions.

Reducing the Regulatory Burden on Nuclear Licensees - Parts 20 and 50

On June 18, 1992 (57 FR 27187), the NRC published an amendment to its regulations

that would reduce the regulatory burden on all licensees. This proposed rule reflects an

initiative undertaken by the Commission in response to a Presidential memorandum requesting

that selected Federal agencies review and modify regulations that will reduce the burden of
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governmental regulation to ensure that the regulated community is not subject to duplicative or

inconsistent regulation. The NRC's Committee to Review Generic Requirements (CRGR)

identified regulations in eight areas that could be amended to reduce the regulatory burden on

licensees without in any way reducing the protection for the public health and safety or the

common defense and security. The proposed rule would address the frequency of reporting

information and emergency core cooling system analysis for operating power reactors, clarify

and update regulations affecting certain material licensees, and remove unnecessary regulatory

requirements.

Minor Modifications to Nuclear Power Reactor Event Reporting Requirements - Part 50

On June 26, 1992 (57 FR 28642), the NRC published an amendment to its regulations

that would make minor modifications to the current nuclear power reactor event reporting

requirements. The proposed amendment would reduce the industry's reporting burden and the

NRC's response burden in event review and assessment.

List of Approved Spent Fuel Storage Casks: Additions - Part 72

On June 26, 1992 (57 FR 28645), the NRC published an amendment to its regulations

that would approve two additional spent fuel storage casks (TN-24 and VSC-24). These casks

would be added to the "List of Approved Spent Fuel Storage Casks."

Acquisition Regulation (NRCAR); Organizational Conflicts of Interest - 48 CFR Chapter

20

On August 18, 1992 (57 FR 37140), the NRC published an amendment to its proposed

Nuclear Regulatory Commission Acquisition Regulation (NRCAR) concerning organizational

conflicts of interest. The proposed amendment would modify a section of the conflicts of

interest regulations relating to work for others during the period that work is being performed for

the NRC.

ADVANCE NOTICES OF PROPOSED RULEMAKING

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

Safety Regulations - Part 50

On September 28, 1992 (57 FR 44513), the NRC published an advance notice of

proposed rulemaking indicating its consideration of an amendment to its regulations which

would add provisions for the design of the plant structures to withstand certain challenges from

phenomena associated with severe core damage accidents beyond the current "design basis

accidents."