REGULATIONS AND AMENDMENTS PUT INTO EFFECT - FY 1991

Submitting Applications for the Licensing of Test and Research Reactor Operators

Directly to Headquarters - Part 55

On October 11, 1990 (55 FR 41334), the NRC published an amendment to its

regulations that requires that test and research reactor facility applications for operator and

senior reactor operator licenses be submitted to the responsible Headquarters office. This

amendment, effective November 13, 1990, is necessary to improve efficiency and consistency

of examination and licensing of test and research reactor operators by having a central office

monitor the issuance and renewal of licenses.

Interim Procedures for Agency Appellate Review - Part 2

On October 24, 1990 (55 FR 42944), the NRC published an amendment to its

regulations, effective October 25, 1990, that implements a transition plan which provides that,

with certain exceptions, the Commission, rather than an appeal board, will provide agency

appellate review for appellate matters filed in the interim period between October 25, 1990, and

the effective date of a final appellate review. 

Custody and Long-Term Care of Uranium and Thorium Mill Tailings Disposal Sites - Part

40

On October 30, 1990 (55 FR 45591), the NRC published an amendment to its

regulations by issuing general licenses that permit NRC to license the custody and long-term

care of reclaimed or closed uranium or thorium mill tailings sites after remedial action or closure

under the Uranium Mill Tailings Radiation Control Act has been completed. This amendment,

effective November 29, 1990, is necessary to meet the requirements of Titles I and II of the

Uranium Mill Tailings Radiation Control Act.

Statement of Organization and General Information; Minor Amendments - Parts 0 and 1

On November 15, 1990 (55 FR 47740), the NRC published an amendment to its

regulations, effective immediately, to reflect the establishment of the Office of Inspector

General (OIG) by formally removing references to the Office of Inspector and Auditor (OIA)

from its regulations. The authority and responsibility for OIA functions have been transferred to

the OIG.

Operations Center Area Code Telephone Number Change - Parts 20 and 50

On January 10, 1991 (56 FR 944), the NRC published an amendment to its regulations,

effective immediately, to change the current area code telephone number at the NRC

Operations Center from (202) to (301). This action is necessary to implement changes initiated

by the C&P Telephone Company to accommodate the increasing demand for telephone

numbers in the metropolitan Washington, DC area. 

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

On February 14, 1991 (56 FR 5926), the NRC published an amendment to its

regulations, effective immediately, to revise the fee schedule for background investigations of
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licensee personnel who require access to National Security Information and/or Restricted Data

and access to or control over Special Nuclear Material. This action is necessary to inform the

public of the changes to the fee schedules in the NRC's regulations. A confirmation of effective

date for information collection requirements for this rule was published on September 20, 1991

(56 FR 47671).

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

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

On February 26, 1991 (56 FR 7787), the NRC published an amendment to its

regulations, effective March 28, 1991, concerning the Rules of Practice for the licensing of highlevel radioactive waste at a geologic repository. This action enhances the Commission's ability

to comply with the schedule for the Commission's decision on the construction authorization for

the repository contained in Section 114(d) of the Nuclear Waste Policy Act of 1982, as

amended, while providing for the thorough technical review of the license application and the

fair treatment of the parties to the hearing.

Assistance to Prospective Petitioners - Part 2

On March 12, 1991 (56 FR 10359), the NRC published an amendment to its regulations,

effective immediately, concerning its procedures for filing a petition or rulemaking with the NRC. 

This action is necessary to clarify the type of assistance that the NRC may provide to a

prospective petitioner.

ASNT Certification of Industrial Radiographers - Part 34

On March 19, 1991 (56 FR 11504), the NRC published an amendment to its regulations,

effective April 18, 1991, concerning radiographic operations to provide license applicants and

licensees the option to affirm that individuals acting as radiographers will be certified in radiation

safety by the American Society for Nondestructive Testing (ASNT) prior to commencing duties

as radiographers. The intent of this rulemaking is to encourage industrial radiography licensees

and license applicants to participate in the ASNT program because the Commission believes

that this program can contribute significantly to improved safety.

Access Authorization Program for Nuclear Power Plants - Part 73

On April 25, 1991 (56 FR 18997), the NRC published an amendment to its regulations to

require an access aquthorization program for individuals requiring unescorted access to

protected and vital areas at nuclear power plants. This amendment, effective May 28, 1991,

will provide increased assurance that the likelihood that unescorted access to protected and

vital areas will be given to individuals whose background, psychological profile, or changes in

behavioral pattern indicate a potential for committing acts that are, or could be, detrimental to

the public health and safety, will be minimized.

Change in Commercial Telephone Number for Region V - Parts 20, 21, and 73

On April 26, 1991 (56 FR 19253), the NRC published an amendment to its regulations,

effective immediately, to indicate a change in the commercial telephone number for the NRC's
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Region V Office located in Walnut Creek, California. These amendments are necessary to

inform the public of these administrative changes to NRC regulations.

Fracture Toughness Requirements for Protection Against Pressurized Thermal Shock

Events - Part 50

On May 15, 1991 (56 FR 22300), the NRC published an amendment to its regulations

for light-water nuclear power plants to change the procedure for calculating the amount of

radiation embrittlement that a reactor vessel receives. This amendment, effective June 14,

1991, establishes a screening criterion that limits the amount of embrittlement of a reactor

vessel beltline material beyond which the plant cannot continue to operate without justification

based on a plant-specific analysis. This amendment also prescribes the procedures that must

be used for calculating the amount of embrittlement for comparison to the screening criterion.

Standards for Protection Against Radiation - Parts 2, 19, 20, 30, 31, 32, 34, 35, 39, 40, 50,

61 and 70

On May 21, 1991 (56 FR 23369), the NRC published an amendment to its regulations

revising its standards for protection against ionizing radiation. This amendment, effective June

20, 1991, is necessary to incorporate updated scientific information and to reflect changes in

the basic philosophy of radiation protection. The revision conforms the Commission's

regulations to the Presidential Radiation Protection Guidance to Federal Agencies for

Occupational Exposure and to recommendations of national and international radiation

protection organizations.

Return of Topaz II Reactor to Soviet Union - Part 110

On May 31, 1991 (56 FR 24682), the NRC published an amendment to its regulations

pertaining to import and export of nuclear equipment and material to permit the return of the

Topaz II Reactor System to the Union of Soviet Socialist Republics (USSR). This rulemaking

action permits the export of Topaz II, which is owned by the Government of the USSR, without

issuance of a license by the NRC.

Procedures for Direct Commission Review of Decisions of Presiding Officers - Parts 0, 1

and 2

On June 27, 1991 (56 FR 29403), the NRC published an amendment to its regulations,

effective July 29, 1991, to establish a new system for agency appellate review of decisions and

actions of presiding officers in all formal and informal agency adjudications. The new system

provides for discretionary review by the Commissioners of the NRC of most partial and final

initial decisions, referred rulings and certifications of questions.

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

On July 10, 1991 (56 FR 31306), the NRC published an amendment to its regulations,

effective July 10, 1996, to require commercial nuclear power plant licensees to monitor the

effectiveness of maintenance activities for safety significant plant equipment in order to

minimize the likelihood of failures and events caused by the lack of effective maintenance.
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Revision of Fee Schedules; 100% Fee Recovery - Parts 52, 71, 170 and 171

On July 10, 1991 (56 FR 31472), the NRC published an amendment to its regulations

governing the licensing, inspection, and annual fees charged to its licensees. The

amendments, effective August 9, 1991, are necessary to implement Public Law 101-508,

passed by the Congress on November 5, 1990, which mandates that the NRC recover

approximately 100% of its budget authority ($465 million) in Fiscal Year 1991, and the four

succeeding years.

Operators' Licenses - Parts 2 and 55

On July 15, 1991 (56 FR 32066), the NRC published an amendment to its regulations to

specify that the conditions and cutoff levels established pursuant to the Commission's Fitnessfor-Duty Programs are applicable to licensed operators as conditions of their licenses. This

amendment, effective August 14, 1991, provides a basis for taking enforcement actions against

licensed operators: (1) who use drugs or alcohol in a manner that would exceed the cutoff

levels contained in the fitness-for-duty rule; (2) who are determined by a facility medical review

officer to be under the influence of any prescription or over-the-counter drug that could

adversely affect his or her ability to safely and competently perform licensed duties; or (3) who

sell, use, or possess illegal drugs.

Duplication Fees - Part 9

On July 15, 1991 (56 FR 32070), the NRC published an amendment to its regulations

that revises the charges for copying records publicly available at the NRC Public Document

Room in Washington, DC. This amendment, effective immediately, is necessary in order to

reflect the change in copying charges resulting from the Commission's award of a new contract

for the copying of records.

Standards for Protection Against Radiation: Monitoring Reports - Part 20

On July 15, 1991 (56 FR 32071), the NRC published an amendment to its regulations

concerning the submittal of radiation exposure monitoring reports. The amendment, effective

immediately, changes the address to which the licensee submits reports on an individual

exposure to radiation and radioactive material to the NRC.

Quality Management Program and Misadministration - Parts 2 and 35

On July 25, 1991 (56 FR 34104), the NRC published an amendment to its regulations

governing therapeutic administrations of byproduct material and certain uses of radioactive

sodium iodide to require implementation of a quality management program to provide high

confidence that the byproduct material or radiation from byproduct material will be administered

as directed by an authorized user physician.
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Criteria and Procedures for the Reporting of Defects and Conditions of Construction

Permits - Parts 21 and 50

On July 31, 1991 (56 FR 36081), the NRC published an amendment to its regulations

on the reporting of safety defects. The amendments, effective October 29, 1991, will reduce

duplicate reporting of defects, clarify the criteria for reporting defects, and will establish uniform

time periods for reporting and uniform requirements for the content of safety defect reports.

Imports From South Africa - Part 110

On August 13, 1991 (56 FR 38335), the NRC published an amendment to its regulations

pertaining to the import of source material or special nuclear material from South Africa to

permit uranium manufactured or produced in South Africa to be imported into the United States

under general license. This amendment, effective immediately, is necessary to conform the

Commissions's regulations to Executive Order 12769, issued by President Bush on July 10,

1991, which among other things, terminates the prohibition on nuclear trade with South Africa in

section 309 and 311 of the Comprehensive Anti-Apartheid Act of 1986.

Emergency Response Data System - Part 50

On August 13, 1991 (56 FR 40178), the NRC published an amendment to its regulations

to require licensees of all operating nuclear power facilities except Big Rock Point to participate

in the Emergency Response Data System (ERDS) program. This amendment, effective

September 12, 1991, requires licensees to submit to the NRC timely and accurate data on a

limited set of parameters whose values indicate the condition of the plant during a declaration of

an alert or higher emergency classification.

Revisions to Procedures to Issue Orders; Deliberate Misconduct by Unlicensed Persons

- Parts 2, 30, 40, 50, 60, 61, 70, 72, 110 and 150

On August 15, 1991 (56 FR 40664), the NRC published an amendment to its

regulations, effective September 16, 1991, that establishes procedures to be used in issuing

orders to licensed and unlicensed persons to provide reasonable assurance that licensed

activities will be conducted in a manner that will protect the public health and safety. The NRC

is also revising its Enforcement Policy to reflect these new amendments.

Notifications of Incidents - Parts 20, 30, 31, 34, 39, 40 and 70

On August 16, 1991 (56 FR 40757), the NRC published an amendment to its regulations

to revise material licensee reporting requirements for byproduct, source, and special nuclear

material regarding the incidents related to radiation safety. This amendment, effective October

15, 1991, is necessary to ensure that significant occurrences at material licensee facilities are

promptly reported to NRC so that the Commission can evaluate whether the licensee has taken

appropriate action to protect the public health and safety and whether prompt NRC action is

necessary to address generic safety concerns.
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Change in Commercial Telephone Number for Region V - Parts 20, 21 and 73

On August 21, 1991 (56 FR 41448), the NRC published an amendment to its

regulations, effective September 2, 1991, to indicate a change in the commercial telephone

number for the NRC's Region V Office located in Walnut Creek, California.

Fitness-for-Duty-Programs - Part 26

On August 26, 1991 (56 FR 41922), the NRC published an amendment to its regulations

governing fitness-for-duty programs that are applicable to licensees who are authorized to

construct or operate nuclear power reactors. This amendment, effective September 25, 1991,

clarifies the NRC's intent concerning the unacceptability of taking action against an individual

that is based solely on the preliminary results of a drug screening test and to permit, under

certain conditions, employment actions, up to and including the action of temporary removal of

an individual from unescorted access or from normal duties based on an unconfirmed positive

result from an initial screening test for marijuana or cocaine.

Program Fraud Civil Remedies Act - Part 13

On September 18, 1991 (56 FR 47132), the NRC published an amendment to its

regulations, effective October 18, 1991, to establish the procedures the Commission will follow

in implementing the provisions of the Program Fraud Civil Remedies Act of 1986 (the Act) and

specifies the hearing and appeal rights of persons subject to penalties and assessments under

the Act. The Act authorizes certain Federal agencies, including the Nuclear Regulatory

Commission, to impose, through administrative adjudication, civil penalties and assessments

against any person who makes, submits, or presents a false fictitious, or fraudulent claim or

written statement to the agency.

REGULATIONS AND AMENDMENTS PROPOSED

Emergency Response Data System - Part 50

On October 9, 1990 (55 FR 41095), the NRC published an amendment to its regulations

that would require licensees to participate in the Emergency Response Data System (ERDS)

program and to set a definite schedule for its implementation. The ERDS is a direct electronic

data link between computer data systems used by licensees and the NRC Operations Center.

Options and Procedures for Direct Commission Review of Licensing Board Decisions -

Part 2

On October 24, 1990 (55 FR 42947), the NRC published an amendment to its

regulations that would provide rules of procedure for direct Commission review of the decisions

of presiding officers in all formal and informal adjudicatory proceedings. These regulatory

changes are necessitated by the Commission's decision to abolish the Atomic Safety and

Licensing Appeal Panel.
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Licenses and Radiation Safety Requirements for Large Irradiators - Parts 19, 20, 21, 30,

36, 40, 51, 70 and 170

On December 4, 1990 (55 FR 50008), the NRC published an amendment to its

regulations establishing a new Part 36 to specify radiation safety requirements and licensing

requirements for the use of licensed radioactive materials in large irradiators.

Material Control and Accounting Requirements for Uranium Enrichnment Facilities

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

On December 17, 1990 (55 FR 51726), the NRC published an amendment to its

regulations that proposes new performance-based material control and accounting

requirements that would be applicable to uranium enrichment facility licensees who produce

significant quantities of special nuclear material of low strategic significance. The proposed

amendment would impose additional requirements to ensure that enrichment facilities would

produce only enriched uranium of low strategic significance as authorized.

Codes and Standards for Nuclear Power Plants - Part 50

On January 31, 1991 (56 FR 3796), the NRC published an amendment to its regulations

to 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, with a specified modification.

The proposed amendment would impose augmented examination of reactor vessel shell welds,

and would separate in the regulations the requirements for inservice testing from those for

inservice inspection by placing the requirements for inservice testing in a separate paragraph.

Revision of Fee Schedules; 100% Fee Recovery - Parts 71, 170 and171

On April 12, 1991 (56 FR 14870), the NRC published an amendment to its regulations

governing the licensing, inspection and annual fees charged to its licensees. These changes

are necessary to implement Public Law 101-508, passed by the Congress on November 5,

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

Fiscal Year 1991.

NRC Licensee Reinvestigation Program - Part 25

On July 31, 1991 (56 FR 36113), the NRC published an amendment to its regulations to

require a reinvestigation program for NRC licensee personnel with "Q" and "L" access

authorizations and to amend the fee schedule to cover investigative costs. This amendment is

necessary to achieve a higher level of assurance that licensee personnel with access to

Restricted Data or National Security Information remain eligible for such access.

Decommissioning Funding for Prematurely Shutdown Power Reactors - Part 50

On August 21, 1991 (56 FR 41493), the NRC published an amendment to its regulations

on the timing of the collection of funds for decommissioning for those nuclear power reactors
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that have shut down before the expected end of their operating lives. The proposed rule would

require 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 plant.

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

On September 16, 1991 (56 FR 46739), the NRC published an amendment to its

regulations concerning the licensing of uranium enrichment facilities to reflect changes made to

the Atomic Energy Act of 1954, as amended (Act) by the Solar, Wind, Waste, and Geothermal

Power Production Incentives Act of 1990. The proposed rule would ensure that uranium

enrichment facilities will be licensed subject to the provisions of the Act pertaining to source

material and special nuclear material rather than under the provisions pertaining to a production

facility.

Environmental Review for Renewal of Operating Licenses - Part 51

On September 17, 1991 (56 FR 47016), the NRC published an amendment to its

regulations to establish new requirements for environmental review of applications to renew

operating licenses for nuclear power plants. The proposed rule would define the number and

scope of environmental impacts that would need to be addressed as part of a license renewal

application.

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

Requirements - Part 11

On September 30, 1991 (56 FR 49435), the NRC published an amendment to its

regulations to allow an exception to NRC-R access authorization renewal requirements. The

proposed rule is intended to reduce administrative and investigative costs to the licensee and

administrative costs to the Federal government.