REGULATIONS AND AMENDMENTS PUT INTO EFFECT - FY 1986

Minor Clarifying Amendments - Part 9

On October 9, 1985 (50 FR 41127), the NRC published an amendment to its regulations

pertaining to the availability of records under the Freedom of Information Act to clarify and

conform them to existing case law and to reflect long-standing agency practice. The

amendment, effective immediately, also conformed the reproduction costs for Privacy Act

records to costs currently charged at the NRC's Public Document Room and other NRC offices

for publicly available documents.

Regional Licensing Program; Fort St. Vrain Nuclear Generating Station - Part 50

On October 9, 1985 (50 FR 41128), the NRC published an amendment to its regulations

concerning the domestic licensing of utilization facilities to reflect the NRC's regional licensing

program. The amendment, effective October 4, 1985, states that authority and responsibility for

implementing NRC's nuclear reactor licensing program pertaining to the Fort St. Vrain Nuclear

Generating Station will be carried out by the Director of Nuclear Reactor Regulation.

Hybrid Hearing Procedures for Expansion of Spent Nuclear Fuel Storage Capacity at

Civilian Nuclear Power Reactors - Parts 2 and 72

On October 15, 1985 (50 FR 41662), the NRC amended its regulations, effective

November 14, 1985, to implement Section 134 of the Nuclear Waste Policy Act of 1982. The

Act permits the use of a modified hearing process in certain contested proceedings on an

application for a license or license amendment to expand the spent nuclear fuel storage

capacity at the site of a civilian nuclear power reactor. The amendment changes existing

agency practice by employing less formal procedures in the early stage of the hearing process

and by designating only genuine and substantial issues for resolution in an adjudicatory

hearing.

Uranium Mill Tailing Regulations: Conforming NRC Requirements to EPA Standards -

Parts 40 and 150

On October 16, 1985 (50 FR 41852), the NRC published an amendment to its

regulations governing the disposal of uranium mill tailings. The regulation, effective November

15, 1985, conforms existing NRC regulations to the regulations published by the Environmental

Protection Agency for the protection of the environment from these wastes.

Statement of Organization and General Information - Part 1

On October 18, 1985 (50 FR 42145), the NRC published an amendment to its

regulations, effective immediately, that granted additional rulemaking authority to its Executive

Director for Operations.

General Statement of Policy and Procedure for Enforcement Actions - Part 2

On November 20, 1985 (50 FR 47716), the NRC published an amendment to the

regulations that describes the agency's enforcement policy. The amendment, effective February

18, 1986, describes how the enforcement policy applies to vendors of products or services that
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are supplied to the nuclear industry for ultimate use in facilities or activities that are licensed by

the NRC.

Miscellaneous Amendments - Part 9

On December 10, 1985 (50 FR 50283), the NRC published an amendment to its

regulations pertaining to public records. The amendment, effective immediately, indicates that

Executive Order 12356 governs classified documents and removes references to a defunct

NRC Committee.

Specific Exemptions; Clarification of Standard - Part 50

On December 12, 1985 (50 FR 50764), the NRC published an amendment to its

regulations for the licensing of production and utilization facilities. The amendment, effective

January 13, 1986, clarifies the standards applied by the NRC when it considers whether to

grant an exemption from the requirements set out in 10 CFR Part 50.

Limiting the Use of Highly Enriched Uranium in Domestically Licensed Research and

Test Reactors - Part 50

On February 25, 1986 (51 FR 6514), the NRC published an amendment to its

regulations that limits the use of highly enriched uranium (HEU) fuel in domestically licensed

research and test reactors (non-power reactors). The amendment, effective March 27, 1986,

generally requires that newly licensed non-power reactors use low enriched uranium (LEU) fuel

and, contingent on Federal funding for conversion costs, that licensees of existing non-power

reactors replace HEU fuel with LEU fuel. The amendment is intended to reduce the risk of theft

or diversion of HEU fuel used in non-power reactors.

Final Procedures and Standards on No Significant Hazards Considerations - Parts 2 and

50

On March 6, 1986 (51 FR 7744), the NRC published an amendment to its regulations

providing procedures under which the agency normally would give notice of opportunity for a

hearing on applications it receives to amend operating licenses for nuclear power reactors and

testing facilities and prior notice and reasonable opportunity for comment on proposed

determinations about whether these amendments involve no significant hazards considerations.

The amendments, effective May 5, 1986, also specify criteria for dispensing with prior notice

and opportunity for comment if emergency conditions exist, for shortening the comment period

if exigent circumstances exist, and for furnishing procedures for consultation with the State in

which the facility requesting the amendment is located.

Material Balance Reports of Source Material and Special Nuclear Material - Parts 40, 51,

74, and 150

On March 21, 1986 (51 FR 9763), the NRC published an amendment to its regulations

concerning the submission of material balance inventory reports. The final rule, effective April

21, 1986, eliminates the requirement to submit a statement of material balance for U.S. origin

source material for all licenses except those reporting under the US/IAEA Safeguards
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Agreement. The final rule also eliminates the requirement to report the composition of ending

inventory for all except nuclear reactor licensees and licensees reporting under the Agreement.

Modification of General Design Criterion 4 Requirements for Protection Against Dynamic

Effects of Postulated Pipe Ruptures - Part 50

On April 11, 1986 (51 FR 12502), the NRC published an amendment to its regulations,

effective May 12, 1986, modifying General Design Criterion 4 of Appendix A to Part 50. The

amendment allows the use of leak-before-break technology for excluding from the design basis

the dynamic effects of postulated ruptures in primary coolant loop piping in pressurized water

reactors.

Licensing Requirements for the Export of Nuclear Equipment and Material - Part 110

On April 14, 1986 (51 FR 12598), the NRC published an amendment to its regulations,

effective immediately, pertaining to the export of nuclear equipment and material. The

amendment requires certain holders of export licenses to notify the Commission, in writing, at

least 40 days prior to exporting Canadian-origin nuclear material or equipment. The amendment

also expands the general license for byproduct material to cover the export of americium-241

contained in industrial process control equipment and updates the list of countries in the

provisions setting out restricted destinations.

Criteria for Reopening Records in a Formal Licensing Proceeding - Part 2

On May 30, 1986 (51 FR 19535), the NRC published an amendment to its regulations,

effective June 30, 1986, that codified and refined NRC case law criteria for reopening a closed

evidentiary record in a formal licensing proceeding. The amendment will ensure that no

uncertainty exists concerning requirements for a motion to reopen a record and will facilitate

proper and timely consideration of motions to reopen by an adjudicatory board.

Industrial Radiography Radiation Surveys and Licensee's Performance Inspection

Programs - Part 34

On June 16, 1986 (51 FR 21736), the NRC published an amendment to its regulations

concerning industrial radiography. The amendment, effective July 16, 1986, requires industrial

radiography licensees to perform an additional survey of a radiography device at the time the

device is put into storage and to record the results of the time-of-storage survey in place of the

previous requirement to record the last-use survey. The amendment also requires each

applicant for a radiography license to describe the program it will use to evaluate the safety

performance of each radiographer and radiographer's assistant.

Enforcement of Nondiscrimination on the Basis of Handicap in Federally Conducted

Programs - Part 4

On June 23, 1986 (51 FR 22880), the NRC published an amendment to its regulations

requiring that the NRC ensure nondiscrimination against qualified handicapped persons in

programs or activities it conducts. The amendment, effective August 22, 1986, sets forth

standards for what constitutes discrimination on the basis of handicap, provides a definition of
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handicapped person and qualified handicapped person, and establishes a complaint

mechanism for resolving allegations of discrimination.

Disposal of High-Level Radioactive Wastes in Geologic Repositories: Amendments to

Licensing Procedures - Parts 2 and 60

On July 30, 1986 (51 FR 27158), the NRC published an amendment to its regulations

applicable to the disposal of high-level radioactive wastes in geologic repositories. The

amendments, effective August 29, 1986, deal with the procedural aspects of site

characterization and the participation of States and Indian Tribes.

Miscellaneous Amendments Concerning Physical Protection of Nuclear Power Plants -

Parts 50 and 73

On August 4, 1986 (51 FR 27817}, the NRC published an amendment to its regulations,

effective September 3, 1986, that provides a more safety conscious safeguards system for the

physical protection of nuclear power plants. The revised requirements include refined policy on

vital area access controls, authority to suspend safeguards measures during safety

emergencies, protection of certain security equipment, and key and lock controls.

Searches of Individuals at Power Reactor Facilities - Part 73

On August 4, 1986 (51 FR 27822), the NRC amended its requirements for entry

searches at power reactor facilities, effective September 3, 1986. The amendment requires

equipment searches of all individuals, except on-duty law enforcement officers, seeking access

to protected areas and pat-down searches when detection equipment fails or cause for

suspicion exists.

Licensing Requirements for the Export of Tritium - Part 110

On August 4, 1986 (51 FR 27825), the NRC published an amendment to its regulations

concerning the export of tritium under a general license. The amendment, effective

immediately, imposes more restrictive limits on the amount of dispersed tritium which can be

contained in luminescent light sources and other items exported under the general license.

Radioactive Waste Below Regulatory Concern; Policy Statement - Part 2

On August 29, 1986 (51 FR 30839), the NRC published a policy statement, codified as

Appendix B to Part 2, concerning the expeditious handling of petitions for rulemaking

requesting that a specific waste stream be exempted from disposal in a low-level waste

disposal facility. The policy statement, effective October 27, 1986, and the accompanying staff

implementation plan describe the information petitioners should file and the decision criteria and

administrative procedures the Commission will use to act on the petition in an expeditious

manner.
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Annual Fee for Power Reactor Operating Licenses and Conforming Amendment - Parts

51 and 171

On September 18, 1986 (51 FR 33224), the NRC published an addition to its

regulations, effective October 20, 1986, that imposes an annual fee on power reactors with

operating licenses. The annual fee will recover allowable NRC budgeted costs for providing

regulatory services to power reactors with operating licenses and will not alter the existing fee

schedule under 10 CFR Part 170.

REGULATIONS AND AMENDMENTS PROPOSED

Standards for Production Against Radiation - Parts 10, 20, 30, 31, 32, 34, 40, 50, 61, and

70

On December 20, 1985 (50 FR 51992), the NRC published a notice of proposed

rulemaking that would revise its regulations that set out requirements for the protection of

individuals exposed to ionizing radiation from routine activities licensed by the NRC. The

proposed rule is intended to improve NRC radiation protection standards by reflecting

developments in the principles that underlie radiation protection and advances in related

sciences since the current regulations were promulgated nearly thirty years ago. Because of

numerous typesetting errors, this document was republished in its entirety on January 9, 1986

(50 FR 1092).

Station Blackout - Part 50

On March 21, 1986 (51 FR 9829), the NRC published a notice of proposed rulemaking

that would require that light-water-cooled nuclear power reactors be capable of withstanding a

total loss of alternating current (AC) electric power for a specified period and maintaining

reactor core cooling during that period.

Revision to Ex Parte and Separation of Function Rules Applicable to Formal Adjudicatory

Proceedings - Parts 0 and 2

On March 26, 1986 (51 FR 10393), the NRC published a notice of proposed rulemaking

that would amend its regulations dealing with ex parte communications and separation of

adjudicatory and nonadjudicatory functions in formal agency proceedings. The proposed rule

would update agency rules of practice and incorporate requirements imposed by the

Government in the Sunshine Act.

Licensing Requirements for the Independent Storage of Spent Nuclear Fuel and

High-Level Radioactive Waste - Parts 2, 19, 20, 21, 51, 70, 72, 73, 75, and 150

On May 27, 1986 (51 FR 19106), the NRC published a notice of proposed rulemaking

that would subject monitored retrievable storage facilities for spent nuclear fuel and high-level

radioactive waste to NRC licensing requirements if Congress approves construction of such a

facility. The proposed action is necessary for the NRC to have the regulations required by the

Nuclear Waste Policy Act of 1982 in place in a timely manner.
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Disposal of High-Level Radioactive Wastes in Geologic Repositories; Conforming

Amendments - Part 60

On June 19, 1986 (51 FR 22288), the NRC published a notice of proposed rulemaking

that would amend its regulations for the disposal of high-level radioactive wastes in geologic

repositories. The proposed rule would conform existing NRC regulations to the environmental

standards for management and disposal of high-level radioactive wastes issued by the

Environmental Protection Agency by incorporating the substantive requirements of the

environmental standards into NRC's regulations.

Bankruptcy Filing; Notification Requirements - Parts 30, 40, 50, 61, 70, and 72

On June 20, 1986 (51 FR 22531), the NRC published a notice of proposed rulemaking

that would require a licensee to inform the NRC in the event that the licensee is involved in a

bankruptcy proceeding. The proposed rule is needed because a licensee's severe financial

condition could affect its ability to handle licensed radioactive material and because the NRC

must be aware of the situation so that appropriate measures to protect public health and safety

can be taken.

Annual Fee for Nuclear Power Reactors Operating Licenses or Applications and Major

Materials Licenses and Conforming Amendment - Parts 51 and 171

On July 1, 1986 (51 FR 24078), the NRC published a notice of proposed rulemaking

that would prescribe an annual fee for all persons who have applied for or hold a license to

operate a nuclear power reactor and for major materials licensees. The annual fee would

recover allowable NRC budgeted costs for reactor-related and certain materials-related

regulatory services.

Rules of Practice for Domestic Licensing Proceedings - Procedural Changes in the

Hearing Process - Part 2

On July 3, 1986 (51 FR 24365), the NRC published a notice of proposed rulemaking

that would make procedural changes in the hearing process that are intended to improve

nuclear power plant licensing. The proposed rule would address the admission of contentions,

discovery against the NRC staff, use of cross-examination plans, timing of motions for summary

disposition, and limitations on intervenors' filings of proposed findings of fact, conclusions of

law, and appellate briefs.

Uranium Mill Tailings Regulations: Ground-Water Protection and Other Issues - Part 40

On July 8, 1986 (51 FR 24697), the NRC published a notice of proposed rulemaking

that would amend its regulations governing the disposal of uranium mill tailings. The proposed

amendments are intended to incorporate the ground-water protection regulations published by

the Environmental Protection Agency into existing NRC regulations. This action is taken in

order to comply with the statutory requirement that NRC conform its regulations to EPA

standards.
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Modification of General Design Criterion 4 Requirements for Protection Against Dynamic

Effects of Postulated Pipe Ruptures - Part 50

On July 23, 1986 (51 FR 26393), the NRC published a notice of proposed rulemaking

that would expand the scope of a previous amendment concerning the protection of structures,

systems, and components important to safety against dynamic effects from postulated pipe

ruptures. The proposed rule, which would cover all high energy piping in all nuclear power

plants, is based on the results of recent research and insights from probabilistic risks analyses.

ADVANCE NOTICES OF PROPOSED RULEMAKING

Degree Requirements for Senior Operators at Nuclear Power Plants - Parts 50 and 55

On May 30, 1986 (51 FR 19561), the NRC published an advance notice of proposed

rulemaking to request public comment on a contemplated amendment to its regulations that

would require an applicant for a license as a Senior Operator of a nuclear power plant to hold a

baccalaureate degree in engineering or the physical sciences from an accredited institution.

Seismic and Geologic Siting Criteria for Nuclear Power Plants; Reassessment of Current

Criteria - Part 100

On August 25, 1986 (51 FR 30224), the NRC published a notice to request public

comment and announce a public meeting on the initiation of its reassessment of the current

seismic and geologic siting criteria for nuclear power plants.