[Federal Register Volume 62, Number 29 (Wednesday, February 12, 1997)]
[Rules and Regulations]
[Pages 6664-6671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3467]



[[Page 6663]]

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Part IV





Nuclear Regulatory Commission





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10 CFR Part 2, et al.



USEC Privatization Act: Certification and Licensing of Uranium 
Enrichment Facilities; Final and Proposed Rule Policy and Procedure for 
Enforcement Actions; Policy Statement; Notice

Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / 
Rules and Regulations

[[Page 6664]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 2, 40, 70, and 76

RIN 3150-AF56


USEC Privatization Act: Certification and Licensing of Uranium 
Enrichment Facilities

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations concerning the certification and licensing of uranium 
enrichment facilities to conform to changes made to the Atomic Energy 
Act of 1954, as amended (the Act), by the USEC Privatization Act 
legislation. Although the principal effect of this legislation is to 
direct the Board of Directors of the United States Enrichment 
Corporation (USEC) to sell the assets of the USEC to a private sector 
entity, this legislation also amended the Act with respect to NRC 
certification of gaseous diffusion plants leased by USEC and the 
licensing of atomic vapor laser isotope separation (AVLIS) technology. 
USEC is responsible for the operation of the two gaseous diffusion 
plants and the development of the AVLIS technology.
    The legislation requires that AVLIS uranium enrichment facilities 
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; provides for the issuance of civil 
penalties to USEC or its successor for failure to comply with 
regulatory requirements governing the operation of gaseous diffusion 
plants; prohibits issuance of a license/certificate to the Corporation 
or its successor if it is owned, controlled, or dominated by an alien, 
a foreign corporation, or a foreign government, or if its issuance 
would be inimical to the common defense and security of the United 
States or to the maintenance of a reliable and economical domestic 
source of enrichment services; and eliminates the annual requirement 
that the Commission certify that USEC or its successor is in compliance 
with NRC regulations. The Commission may determine how frequently USEC 
or its successor must submit a recertification application to the NRC, 
provided that the NRC recertify USEC's or its successor's compliance 
with its regulations not less frequently than every five years. The 
adopted rule changes bring the current regulations into conformance 
with these provisions.

DATES: The final rule is effective on April 14, 1997 unless significant 
adverse comments are received by March 14, 1997. If the effective date 
is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Mail written comments to: The Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001. ATTN: Docketing and 
Service Branch.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, MD, 
between 7:30 am and 4:15 pm on Federal workdays.
    For information on submitting comments electronically, see the 
discussion under Electronic Access in the Supplementary Information 
Section.
    Copies of comments received may be examined or copied for a fee at 
the NRC Public Document Room, 2120 L Street NW. (Lower Level), 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr. C. W. Nilsen, Office of Nuclear 
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone (301) 415-6209.

SUPPLEMENTARY INFORMATION:

Background

    On April 26, 1996, President Clinton signed legislation that 
provides for fiscal year (FY) 1996 appropriations to a number of 
Federal agencies (H.R. 3019 (Pub. L. 104-134)). Included within the 
legislation is Title III, Chapter 1, entitled ``USEC Privatization 
Act,'' which directs the Board of Directors of the United States 
Enrichment Corporation (USEC) to sell the assets of the USEC to a 
private sector entity. The private sector corporation that purchases 
the assets of USEC will be responsible for the operation of the gaseous 
diffusion plants known as the Portsmouth Plant and the Paducah Plant, 
located at Piketon, Ohio, and Paducah, Kentucky, respectively, and the 
development of the atomic vapor laser isotope separation (AVLIS) 
technology. In addition, the legislation amended the Atomic Energy Act 
of 1954, as amended (the Act), with respect to the certification of 
gaseous diffusion plants and licensing of an AVLIS uranium enrichment 
facility. The gaseous diffusion plants are regulated under 10 CFR Part 
76, ``Certification of Gaseous Diffusion Plants.'' Operation of an 
AVLIS uranium enrichment facility will be licensed under 10 CFR Parts 
40, ``Domestic Licensing of Source material'' and 70, ``Domestic 
Licensing of Special Nuclear Material.''

Discussion

    A principal effect of Pub. L. 104-134 on NRC licensing actions is 
that the referenced AVLIS uranium enrichment facilities will be 
licensed pursuant to the provisions of the Act pertaining to source 
material and special nuclear material rather than the provisions 
pertaining to a production facility. Under this legislation, AVLIS 
licensing will be a single-step licensing process with one license 
issued pursuant to 10 CFR parts 40 and 70, rather than a two-step 
licensing process under 10 CFR part 50. The regulations previously were 
amended on April 30, 1992 (57 FR 18388) to conform with the ``Solar, 
Wind, Waste, and Geothermal Power Production Incentives Act of 1990,'' 
(Pub. L. 101-575) by providing a single-step process for licensing 
uranium enrichment. The April 30, 1992 amendments also made 10 CFR part 
70 the basic regulation for licensing a uranium enrichment facility. 
Although the 1990 legislation specifically excluded AVLIS uranium 
enrichment, then under development by the Department of Energy, from 
the one-step licensing process, Pub. L. 104-134 made the development of 
AVLIS a responsibility of USEC (which will become a private entity as a 
result of this legislation) and removed the exclusion of AVLIS from 
one-step licensing. Therefore, licensing of AVLIS, as with other 
licensed uranium enrichment facilities, will be a one-step process 
requiring an environmental review, adjudicatory hearing, inspection 
before operation, and third party liability insurance. However, for 
other purposes of the Act, such as controlling the export of specially 
designed or prepared uranium enrichment equipment and preservation of 
Federal authority in Agreement States, all uranium enrichment 
facilities regulated by the NRC remain under the Atomic Energy Act 
provisions for production facilities. Specific implementing amendments 
are as follows:
    In 10 CFR 70.1, ``Purpose'' is revised to indicate that all uranium 
enrichment facilities requiring a license will be licensed under 10 CFR 
part 70, ``Domestic Licensing of Special Nuclear Material.''
    In 10 CFR 40.4 and 70.4, ``Definitions'' the term Corporation is 
added to refer appropriately to the licensing of the Corporation or its 
successor for operation of an AVLIS facility.
    In 10 CFR 76.4, ``Definitions'' the term Corporation is amended to 
include the successor to USEC.

[[Page 6665]]

    In addition, in conformance with the 1996 legislation, provisions 
are made in 10 CFR parts 2 and 76 to allow the NRC to impose civil 
penalties on the USEC or its successor for failure to comply with 
regulatory requirements governing the operation of the gaseous 
diffusion plants regulated under 10 CFR part 76. Civil penalty 
authority presently contained in 10 CFR part 70 would apply to AVLIS 
licensing. Furthermore, the ``General Statement of Policy and 
Procedures for NRC Enforcement Action'' NUREG-1600, is being 
supplemented to provide examples of violations in each of the four 
severity levels as guidance in determining the appropriate severity 
level for violations in the area of gaseous diffusion plant operations. 
Specific implementing amendments are as follows:
    In 10 CFR 2.200(a) concerning the scope of subpart B of part 2, a 
new sentence is added to read as follows: ``However, with regard to the 
holder of a part 76 Certificate of Compliance or Compliance Plan, 
except for civil penalty procedures in this subpart, the applicable 
procedures are set forth in Sec. 76.70.'' This will clarify that the 
provisions governing the issuance of an order or notice of violation to 
the holder of a certificate of compliance or compliance plan under 10 
CFR part 76 are contained in Sec. 76.70 but the civil penalty 
procedures in subpart B of part 2 are applicable to these entities.
    In 10 CFR 2.205(a), a reference to the Sec. 76.70(d), ``notice of 
violation,'' and a reference to the provisions of a 10 CFR part 76, 
``certificate of compliance or compliance plan,'' are added because the 
Commission now has authority to issue civil penalties to the 
Corporation for violation of its regulations.
    Similarly, in 10 CFR 76.10(b), the last phrase, ``except, that the 
Corporation is not subject to the authority of Section 234 of the 
Act,'' is eliminated because the Corporation is now subject to Section 
234 of the Act.
    10 CFR 76.60 (c)(1) and (d)(1) are removed. These paragraph 
designations are reserved and the last phrase of Sec. 76.60(i), 
``provided, however, that civil penalties shall not be imposed on the 
Corporation pursuant to Sec. 95.61 of this chapter except for 
violations of Section 206 of the Energy Reorganization Act'' is also 
eliminated. These prohibitions on issuing civil penalties are removed 
to permit the imposition of civil penalties. In 10 CFR 76.72(d), a 
reference to the new Section 234 civil penalty authority is added.
    The 10 CFR 76.131(a)(3) reference to Title XI of the Energy Policy 
Act of 1992, is eliminated because this act's applicable provisions 
were amendments to the Atomic Energy Act of 1954. Reference to Section 
206 of the Energy Reorganization Act has been relocated from 
Sec. 76.131(b) to paragraph (b)(2). References to violations under 
Section 234 of the Atomic Energy Act of 1954, as amended, and specific 
references to sections of the Act are added as paragraphs (b)(1), 
(b)(3), and (b)(4) to describe the new civil penalty authority.
    A provision is also added stating that the Commission will not 
issue a license or certificate to the Corporation or its successor if 
the Commission finds that the Corporation is owned, controlled, or 
dominated by an alien, a foreign corporation, or a foreign government, 
or that issuance would be inimical to the common defense and security 
of the United States or to the maintenance of a reliable and economical 
domestic source of enrichment services. This provision is added to 
conform with the legislation which includes specific language that 
restricts issuance of a certificate or a license to the USEC or its 
successor if the issuance would be inimical to the maintenance of a 
reliable and economical domestic source of enrichment services. 
Heretofore, the Commission has not been asked in its regulatory 
decisions to evaluate whether a proposed action is inimical to the 
viability of the domestic industries subject to NRC's regulation. 
Information about the intent of the language is contained in a Senate 
Committee report on an earlier version of the legislation (S. Rpt. No. 
104-173 on S. 755, November 17, 1995), which states that the provision 
is to ``guard against the possibility of a foreign uranium enrichment 
company acquiring the Corporation with the intent of operating it in 
such a manner inconsistent with its maintenance as an ongoing uranium 
enrichment concern.'' The report further states that no certificate or 
license should be issued ``if in the opinion of the NRC the issuance of 
such a license or certificate of compliance would be inimical to the 
common defense and security of the United States or would be inimical 
to the maintenance of a reliable and economical domestic source of 
enrichment services because of the nature and extent of the ownership, 
control, or domination of the Corporation by a foreign corporation or a 
foreign government or any other relevant factors or circumstances.''
    To comply with this provision of the 1996 legislation, the NRC 
staff will evaluate this restriction on certification and licensing 
based, in part, on the following:
    Information required under Secs. 70.22 and 76.33 ``information 
known to the applicant concerning the control or ownership, if any, 
exercised over the applicant by any alien, foreign corporation, or 
foreign government.''
    Information to be obtained under a proposed rule (61 FR 40555; 
August 5, 1996) amending the provisions of 10 CFR parts 25 and 95 that 
deal with requirements for access to and protection of classified 
information. (The Commission expects to adopt this proposed rule as a 
final rule in January of 1997.) These amendments were proposed to 
conform the NRC's regulations with the nationally applicable 
requirements for the protection of and access to classified National 
Security Information, which have been revised through the issuance of 
the National Industrial Security Program Operating Manual (NISPOM), 
published January 1995; Executive Order 12958, ``Classified National 
Security Information,'' dated April 17, 1995; and Executive Order 
12968, ``Access to Classified Information,'' dated August 4, 1995. 
Specifically, as related to foreign ownership, control, or domination, 
the NISPOM provides criteria for determining whether U.S. companies 
handling classified material are under foreign ownership, control, or 
influence (FOCI). FOCI requirements established in proposed revisions 
to 10 CFR part 95 are considered useful to the subject finding the 
Commission must make under the provisions of the 1996 legislation. This 
is especially so based upon the sensitive nature of the facilities and 
USEC's role, and the fact that USEC will have access to classified 
information and equipment.
    Further, the existing regulations (Secs. 40.31(b), 70.22(d), and 
76.33(d)) reflect NRC authority under the Atomic Energy Act to require 
that an applicant, licensee, or certificate holder submit additional 
information concerning issuance of a license or certificate. Therefore, 
under these provisions USEC also may be required to submit additional 
information addressing whether issuance would be inimical to the 
maintenance of a reliable and economical domestic source of enrichment 
services. The staff is considering whether there are specific 
additional information needs and will recommend to the Commission 
whether further amendments to the regulations are warranted. In 
addition the staff is preparing procedures for developing the required 
annual report to Congress and guidance for recertification, and 
developing procedures to consider the issues of foreign ownership and 
control, and inimicalness to the common defense and security and to a 
reliable and economical supply of domestic enrichments services. 
Specific

[[Page 6666]]

implementing amendments are as follows:
    New sections 10 CFR 40.38 and 70.40 entitled ``Ineligibility of 
certain applicants,'' are added to state that the NRC will not issue a 
license to operate an AVLIS enrichment facility to the Corporation if:
    (1) It is owned, controlled, or dominated by an alien, a foreign 
corporation, or a foreign government;
    (2) Issuance would be inimical to the common defense and security 
of the United States; or
    (3) Issuance would be inimical to the maintenance of a reliable and 
economical domestic source of enrichment services.
    A new section 10 CFR 76.22 entitled ``Ineligibility of certain 
applicants,'' is added that states that the NRC will not issue a 
certificate of compliance to the Corporation under these parts if:
    (1) It is owned, controlled, or dominated by an alien, a foreign 
corporation, or a foreign government;
    (2) Issuance would be inimical to the common defense and security 
of the United States; or
    (3) Issuance would be inimical to the maintenance of a reliable and 
economical domestic source of enrichment services.
    Another provision in the legislation eliminates the requirement 
that the NRC must certify that USEC or its successor's operation of the 
gaseous diffusion plants is in compliance with NRC regulations each 
year. Instead, the Commission may determine how frequently the USEC or 
its successor must submit a recertification application to the NRC. 
However, NRC must recertify the Corporation's compliance at least every 
5 years. The initial certification, granted in a September 19, 1996 
Director's decision, was made effective for 2 years to permit most 
items of USEC's compliance plan to be completed. As part of the 
certification process, the compliance plan details how the Corporation 
will achieve compliance with NRC regulations in transition from the 
operation of the gaseous diffusion plants under the requirements of the 
Department of Energy to operation under the regulatory authority of the 
NRC. Subsequent recertification will be based on a number of 
considerations, including implementation status of compliance plans and 
certification regulatory experience as determined by the NRC's 
inspection program. The exact term of each certification will be 
specified in the certificate. As noted in a Senate Committee report on 
a previous version of the legislation (S. Rpt. No. 104-173 on S. 755, 
November 17, 1995, page 31), ``With periodic certification, the NRC 
would have the flexibility to determine the appropriate length of 
certification, not to exceed five years.'' Specific implementing 
amendments are as follows:
    10 CFR 76.31 is revised to provide for periodic application for 
recertification of compliance on or before April 15 of the year 
specified in an existing certificate of compliance as determined by the 
Commission, but not less frequently than every 5 years.
    Accordingly, in 10 CFR 76.35, 76.36, 76.43, 76.45, 76.55, and 76.66 
references to annual recertification are removed.
    10 CFR 76.68 is revised to provide that the Corporation or its 
successor will continue to submit revised change pages to their 
approved application and safety analysis report annually to ensure 
current plant documentation, even though the requirement for an annual 
application has been removed.
    In addition, in response to the ``Rulemaking Plan--USEC 
Privatization Act,'' which was made available to the public on the NRC 
electronic bulletin board, USEC by letter dated November 13, 1996, 
provided comment concerning the rulemaking action (enclosure 3). In 
their letter USEC provided proposed revisions to CFR parts 76, 70, and 
40 for the purposes of implementing the USEC Privatization Act, and 
proposed language to Sec. 76.45 to clarify the agency's intention 
concerning Director's decision on applications for amendments to the 
Certificate. USEC also proposed deleting certain sections which in 
their view are immaterial now that the Director's decision on the 
initial certification has been issued. With respect to the first item, 
no new information was provided beyond that which the staff had already 
considered in this direct final rulemaking. The other USEC proposed 
revisions are not included as a part of this limited scope direct final 
rulemaking as they are not revisions to the Commission's regulations 
which are required by the legislative amendments to the Act being here 
codified.
    The Commission is proceeding with this rulemaking to amend 10 CFR 
parts 2, 40, 70, and 76 as required to implement section 3116 of Pub L. 
104-134. To conform with these changes to the Act, the amendments in 
this rule contain several new and revised AVLIS licensing and gaseous 
diffusion plant certification requirements specific to the 
Corporation's and its successor's operation of uranium enrichment 
facilities.
    In summary, the amendments to 10 CFR chapter I are being made to:
    (a) Provide that uranium enrichment facilities will be licensed 
under 10 CFR part 70, Domestic Licensing of Special Nuclear Material 
(See Sec. 70.1);
    (b) Add and amend where needed the definition of ``Corporation'' to 
include the USEC privatized entity (See Secs. 40.4, 70.4 and 76.4);
    (c) Note that the Commission will not issue a license/certificate 
if the Commission finds that USEC or its successor is under foreign 
ownership or control or that issuance would be inimical to the common 
defense and security or to the maintenance of a reliable and economical 
source of domestic enrichment services (See Secs. 40.38, 70.40, and 
76.22);
    (d) Amend the provision concerning periodic recertification for 
operation (See Secs. 76.31, 76.35(n), 76.36(a), 76.43, 76.45(a), 76.55, 
76.66 and 76.68(b)); and
    (e) Note and clarify the authority to issue civil penalties to USEC 
or its successor for regulatory violations (See Secs. 2.200(a), 
2.205(a), 76.10(b), 76.60, 76.72(d) and 76.131).
    The NRC is also amending the regulations in 10 CFR part 76 to 
correct several miscellaneous errors in the regulatory text. These 
errors in the Code of Federal Regulations text occurred in the process 
of preparing and printing the final rule published on September 23, 
1994 (59 FR 48944). Specifically: in Sec. 76.21(b) the reference to 
Sec. 40.41 should be to Sec. 40.51; in Secs. 76.111 and 76.113 
``uncontrolled classified'' should be ``Unclassified Controlled'' 
Nuclear Information, and in Sec. 76.76(a)(2) the ``(c)'' should be 
``(b).'' In addition, the definition of ``Uranium enrichment plant'' is 
removed from Sec. 76.4 because it is neither needed nor used in part 
76, which is specific to gaseous diffusion plants.
    Furthermore, the NRC is amending the regulations in 10 CFR part 2 
to reflect an agency reorganization. Specifically: in Sec. 2.205 
paragraphs (a), (d), (g) and (h) all references to the ``Deputy 
Executive Director for Nuclear Materials Safety, Safeguards, and 
Operations Support, or the Deputy's designee'' are changed to read 
``Executive Director for Operations or the Executive Director's 
designee.''

Electronic Access

    Comments may be submitted electronically, in either ASCII text or 
WordPerfect format (version 5.1 or later), by calling the NRC 
Electronic Bulletin Board (BBS) on FedWorld. The Bulletin Board may be 
accessed using a personal computer, a modem, and one of the commonly 
available communications software packages, or directly via Internet. 
Background documents on the rulemaking are also

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available, as practical, for downloading and viewing on the Bulletin 
Board.
    If using a personal computer and modem, the NRC rulemaking 
subsystem on FedWorld can be accessed directly by dialing the toll free 
number (800) 303-9672. Communication software parameters should be set 
as follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1). 
Using ANSI or VT-100 terminal emulation, the NRC rulemaking subsystem 
can then be accessed by selecting the ``Rules Menu'' option from the 
``NRC Main Menu.'' Users will find the ``FedWorld Online User's 
Guides'' particularly helpful. Many NRC subsystems and data bases also 
have a ``Help/Information Center'' option that is tailored to the 
particular subsystem.
    The NRC subsystem on FedWorld can also be accessed by a direct dial 
phone number for the main FedWorld BBS, (703) 321-3339, or by using 
Telnet via Internet: fedworld.gov. If using (703) 321-3339 to contact 
FedWorld, the NRC subsystem will be accessed from the main FedWorld 
menu by selecting the ``Regulatory, Government Administration and State 
Systems,'' then selecting ``Regulatory Information Mall.'' At that 
point, a menu will be displayed that has an option ``U.S. Nuclear 
Regulatory Commission'' that will take you to the NRC Online main menu. 
The NRC Online area also can be accessed directly by typing ``/go nrc'' 
at a FedWorld command line. If you access NRC from FedWorld's main 
menu, you may return to FedWorld by selecting the ``Return to 
FedWorld'' option from the NRC Online Main Menu. However, if you access 
NRC at FedWorld by using NRC's toll-free number, you will have full 
access to all NRC systems, but you will not have access to the main 
FedWorld system.
    If you contact FedWorld using Telnet, you will see the NRC area and 
menus, including the Rules Menu. Although you will be able to download 
documents and leave messages, you will not be able to write comments or 
upload files (comments). If you contact FedWorld using FTP, all files 
can be accessed and downloaded but uploads are not allowed; all you 
will see is a list of files without descriptions (normal Gopher look). 
An index file listing all files within a subdirectory, with 
descriptions, is available. There is a 15-minute time limit for FTP 
access.
    Although FedWorld also can be accessed through the World Wide Web, 
like FTP, that mode only provides access for downloading files and does 
not display the NRC Rules Menu.
    For more information on NRC bulletin boards call Mr. Arthur Davis, 
Systems Integration and Development Branch, NRC, Washington, DC 20555-
0001, telephone (301) 415-5780; e-mail AXD<a href="/cdn-cgi/l/email-protection#2417644a56470a434b52"><span class="__cf_email__" data-cfemail="57641739253479303821">[email protected]</span></a>.

Procedural Background

    The NRC considers this action noncontroversial and routine because 
it implements specific statutory requirements (Pub. L. 104-134). 
Therefore, the Commission is approving it without seeking public 
comments on proposed amendments. This action will become effective on 
April 14, 1997. However, if the NRC receives significant adverse 
comments by March 14, 1997, the NRC will withdraw this action and 
address the significant adverse comments received in response to the 
revisions published in this document before a final rule becomes 
effective. The NRC will not initiate a second comment period on this 
action.

Revision to NUREG-1600, ``General Statement of Policy and Procedures 
for NRC Enforcement Actions''

    Concurrently with this direct final rule the Commission is 
publishing a document elsewhere in this issue of the Federal Register 
that amends NUREG-1600, ``General Statement of Policy and Procedures 
for NRC Enforcement Action'' which provides examples of violations in 
each of the four severity levels as guidance in determining the 
appropriate severity level for violations in the areas of fuel cycle 
and gaseous diffusion plant operations. The amendment is to Supplement 
VI, ``Fuel Cycle and Materials Operations,'' which provides additional 
examples of violations that should be categorized at Severity Levels I, 
II, III, and IV. In addition, the Enforcement Policy is being amended 
to establish base civil penalties for GDPs. The policy recognizes that 
regulatory requirements have varying degrees of safety, safeguards, or 
environmental significance. Therefore, the relative importance of each 
violation, including both the technical significance and the regulatory 
significance, is evaluated as the first step in the enforcement 
process. In considering the significance of a violation, the staff 
considers the technical significance (i.e., actual and potential 
consequences) and regulatory significance.

Environmental Impact: Categorical Exclusion

    The NRC has determined that this regulation is the type of action 
described as a categorical exclusion in 10 CFR 51.22(c)(1) and (3). 
Therefore, neither an environmental impact statement nor an 
environmental assessment has been prepared for this direct final rule.

Paperwork Reduction Act Statement for Direct Final Rule

    This direct final rule does not contain a new or amended 
information collection requirement subject to the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were 
approved by the Office of Management and Budget, approval numbers 3150-
0020, -0021, -0009, -0039.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it displays a currently 
valid OMB control number.

Regulatory Analysis

    Changes to 10 CFR parts 2, 40, 70, and 76 must be made to bring 
these regulations into conformance with the Act as amended by the 
``USEC Privatization Act'' (Public Law 104-134). The chief benefit to 
the public, industry, and NRC will be derived from codification of NRC 
regulations to conform to the changes to the Act. Codification should 
result in a better understanding of the procedures and requirements for 
licensing and/or certification of enrichment facilities, and thereby 
facilitate the process for review of a license application for uranium 
enrichment facility, and possibly reduce the litigative risk that might 
result from not having the regulatory basis for health and safety 
review of the application codified by regulation. The principal cost 
will be the expenditure of NRC staff resources in codifying the 
requirements. This constitutes the regulatory analysis for the direct 
final rule.

Regulatory Flexibility Certification

    In accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), 
the Commission certifies that this rulemaking will not have a 
significant economic impact on a substantial number of small entities 
because it only addresses the Corporation or its successor. The 
Corporation does not fall within the scope of the definition of ``small 
entities'' set forth in 10 CFR 2.810 or the Small Business Size 
Standards set out in regulations issued by the Small Business 
Administration at 13 CFR part 121.

Small Business Regulatory Enforcement Act

    In accordance with the Small Business Regulatory Enforcement

[[Page 6668]]

Fairness Act of 1996, the NRC has determined that this action is not a 
``major rule'' and has verified this determination with the Office of 
Information and Regulatory Affairs, Office of Management and Budget.

Backfit Analysis

    The NRC has determined that the backfit rules, 10 CFR 50.109 and 
76.76, do not apply to this rule. Thus, a backfit analysis is not 
required for these amendments because they do not involve any 
provisions that would impose backfits as defined in Secs. 50.109(a)(1) 
and 76.76(a)(1).

List of Subjects

10 CFR Part 2

    Administrative practice and procedure, Antitrust, Byproduct 
material, Classified information, Environmental protection, Nuclear 
materials, Nuclear power plants and reactors, Penalties, Sex 
discrimination, Source material, Special nuclear material, Waste 
treatment and disposal.

10 CFR Part 40

    Criminal penalties, Government contracts, Hazardous materials 
transportation, Nuclear materials, Reporting and recordkeeping 
requirements, Source material, Uranium.

10 CFR Part 70

    Criminal penalties, Hazardous materials transportation, Material 
control and accounting, Nuclear materials, Packaging and containers, 
Radiation protection, Reporting and recordkeeping requirements, 
Scientific equipment, Security measures, Special nuclear material.

10 CFR Part 76

    Certification, Criminal penalties, Radiation protection, Reporting 
and recordkeeping requirements, Security measures, Special nuclear 
material, Uranium enrichment by gaseous diffusion.

    For the reasons set forth in the preamble and under the authority 
of the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; and 5 U.S.C. 552 and 553; the Commission is 
adopting the following amendments to 10 CFR parts 2, 40, 70, and 76.

PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND 
ISSUANCE OF ORDERS

    1. The authority citation for part 2 is revised to read as follows:

    Authority: Secs. 161, 181, 68 Stat. 948, 953, as amended (42 
U.S.C. 2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat. 
409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 
5841); 5 U.S.C. 552.
    Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 
105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 
U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub. 
L. 97-425, 96 Stat. 2213, as amended (42 U.S.C. 10134(f)); sec. 102, 
Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301, 
88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 2.105, 
2.721 also issued under secs. 102, 103, 104, 105, 183, 189, 68 Stat. 
936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 
2135, 2233, 2239). Section 2.105 also issued under Pub. L. 97-415, 
96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued 
under secs. 161b, I, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 
Stat. 444, as amended by Pub. L. 104-134, 110 Stat. 1321, 1321-349, 
as amended (42 U.S.C. 2201 (b), (I), (o), 2236, 2282); sec. 206, 88 
Stat 1246 (42 U.S.C. 5846). Sections 2.600-2.606 also issued under 
sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). 
Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. Sections 
2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557. Section 
2.764 and Table 1A of Appendix C also issued under secs. 135, 141, 
Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). 
Section 2.790 also issued under sec. 103, 68 Stat. 936, as amended 
(42 U.S.C. 2133) and 5 U.S.C. 552. Sections 2.800 and 2.808 also 
issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C. 
553 and sec. 29, Pub. L. 85-256, 71 Stat. 579, as amended (42 U.S.C. 
2039). Subpart K also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 
2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). 
Subpart L also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). 
Appendix A also issued under sec. 6, Pub. L. 91-560, 84 Stat. 1473 
(42 U.S.C. 2135). Appendix B also issued under sec. 10, Pub. L. 99-
240, 99 Stat. 1842 (42 U.S.C. 2021b et seq.).

    2. In Sec. 2.200, paragraph (a) is revised to read as follows:


Sec. 2.200  Scope of subpart.

    (a) This subpart prescribes the procedures in cases initiated by 
the staff, or upon a request by any person, to impose requirements by 
order, or to modify, suspend, or revoke a license, or to take other 
action as may be proper, against any person subject to the jurisdiction 
of the Commission. However, with regard to the holder of a part 76 
certificate of compliance or compliance plan, except for civil penalty 
procedures in this subpart, the applicable procedures are set forth in 
Sec. 76.70 of this chapter.
* * * * *
    3. In Sec. 2.205, paragraphs (a), (d), (g) and (h) are revised to 
read as follows:


Sec. 2.205  Civil penalties.

    (a) Before instituting any proceeding to impose a civil penalty 
under section 234 of the Act, the Executive Director for Operations or 
the Executive Director's designee, as appropriate, shall serve a 
written notice of violation upon the person charged. This notice may be 
included in a notice issued pursuant to Sec. 2.201 or Sec. 76.70(d) of 
this chapter. The notice of violation shall specify the date or dates, 
facts, and the nature of the alleged act or omission with which the 
person is charged, and shall identify specifically the particular 
provision or provisions of the law, rule, regulation, license, permit, 
part 76 certificate of compliance or compliance plan, or cease and 
desist order involved in the alleged violation and must state the 
amount of each proposed penalty. The notice of violation shall also 
advise the person charged that the civil penalty may be paid in the 
amount specified therein, or the proposed imposition of the civil 
penalty may be protested in its entirety or in part, by a written 
answer, either denying the violation or showing extenuating 
circumstances. The notice of violation shall advise the person charged 
that upon failure to pay a civil penalty subsequently determined by the 
Commission, if any, unless compromised, remitted, or mitigated, be 
collected by civil action, pursuant to Section 234c of the Act.
* * * * *
    (d) If the person charged with violation files an answer to the 
notice of violation, the Executive Director for Operations or the 
Executive Director's designee, upon consideration of the answer, will 
issue an order dismissing the proceeding or imposing, mitigating, or 
remitting the civil penalty. The person charged may, within twenty (20) 
days of the date of the order or other time specified in the order, 
request a hearing.
* * * * *
    (g) The Executive Director for Operations or the Executive 
Director's designee, as appropriate may compromise any civil penalty, 
subject to the provisions of Sec. 2.203.
    (h) If the civil penalty is not compromised, or is not remitted by 
the Executive Director for Operations or the Executive Director's 
designee, as appropriate, the presiding officer, or the Commission, and 
if payment is not made within ten (10) days following either the 
service of the order described in paragraph (c) or (f) of this section, 
or the expiration of the time for requesting a hearing described in 
paragraph (d) of this section, the Executive Director for Operations or 
the Executive Director's designee, as appropriate, may refer the

[[Page 6669]]

matter to the Attorney General for collection.
* * * * *

PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL

    4. The authority citation for part 40 is revised to read as 
follows:

    Authority: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 
Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs. 11e(2), 
83, 84, Pub. L. 95-604, 92 Stat. 3033, as amended, 3039, sec. 234, 
83 Stat. 444, as amended (42 U.S.C. 2014(e)(2), 2092, 2093, 2094, 
2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); sec. 274, 
Pub. L. 86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as 
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 
5841, 5842, 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L. 
97-415, 96 Stat. 2067 (42 U.S.C. 2022); sec. 193, 104 Stat. 2835, as 
amended by Pub. L. 104-134, 110 Stat. 1321, 1321-349 (42 U.S.C. 
2243).
    Section 40.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 (42 U.S.C. 5851). Section 40.31(g) also issued under sec. 122, 
68 Stat. 939 (42 U.S.C. 2152). Section 40.46 also issued under sec. 
184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 40.71 also 
issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).

    5. In Sec. 40.4, the term ``Corporation'' is added in alphabetical 
order to read as follows:


Sec. 40.4  Definitions.

* * * * *
    Corporation means the United States Enrichment Corporation (USEC), 
or its successor, a Corporation that is authorized by statute to lease 
the gaseous diffusion enrichment plants in Paducah, Kentucky, and 
Piketon, Ohio, from the Department of Energy, or any person authorized 
to operate one or both of the gaseous diffusion plants, or other 
facilities, pursuant to a plan for the privatization of USEC that is 
approved by the President.
* * * * *
    6. A new Sec. 40.38 is added to read as follows:


Sec. 40.38  Ineligibility of certain applicants.

    A license may not be issued to the Corporation if the Commission 
determines that:
    (a) The Corporation is owned, controlled, or dominated by an alien, 
a foreign corporation, or a foreign government; or
    (b) The issuance of such a license would be inimical to--
    (1) The common defense and security of the United States; or
    (2) The maintenance of a reliable and economical domestic source of 
enrichment services.

PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

    7. The authority citation for part 70 is revised to read as 
follows:

    Authority: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 
953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 
2071, 2073, 2201, 2232, 2233, 2282, 2297f); secs. 201, as amended, 
202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42 
U.S.C. 5841, 5842, 5845, 5846); sec. 193, 104 Stat. 2835 as amended 
by Pub. L. 104-134, 110 Stat. 1321, 1321-349 (42 U.S.C. 2243).
    Sections 70.1 and 70.20a(b) also issued under secs. 135, 141, 
Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). 
Section 70.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 (42 U.S.C. 5851). Section 70.21(g) also issued under sec. 122, 
68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 
57d, Pub. L. 93-377, 88 Stat. 475 (42 U.S.C. 2077). Sections 70.36 
and 70.44 also issued under sec. 184, 68 Stat. 954, as amended (42 
U.S.C. 2234). Section 70.61 also issued under secs. 186, 187, 68 
Stat. 955 (42 U.S.C. 2236, 2237). Section 70.62 also issued under 
sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).

    8. In Sec. 70.1, a new paragraph (e) is added to read as follows:


Sec. 70.1  Purpose.

* * * * *
    (e) As provided in the Atomic Energy Act of 1954, as amended, the 
regulations in this part establish requirements, procedures, and 
criteria for the issuance of licenses to uranium enrichment facilities.
    9. In Sec. 70.4, the term ``Corporation'' is added in alphabetical 
order to read as follows:


Sec. 70.4  Definitions.

* * * * *
    Corporation means the United States Enrichment Corporation (USEC), 
or its successor, a Corporation that is authorized by statute to lease 
the gaseous diffusion enrichment plants in Paducah, Kentucky, and 
Piketon, Ohio, from the Department of Energy, or any person authorized 
to operate one or both of the gaseous diffusion plants, or other 
facilities, pursuant to a plan for the privatization of USEC that is 
approved by the President.
* * * * *
    10. A new Sec. 70.40 is added to read as follows:


Sec. 70.40  Ineligibility of certain applicants.

    A license may not be issued to the Corporation if the Commission 
determines that:
    (a) The Corporation is owned, controlled, or dominated by an alien, 
a foreign corporation, or a foreign government; or
    (b) The issuance of such a license would be inimical to--
    (1) The common defense and security of the United States; or
    (2) The maintenance of a reliable and economical domestic source of 
enrichment services.

PART 76--CERTIFICATION OF GASEOUS DIFFUSION PLANTS

    11. The authority citation for part 76 is revised to read as 
follows:

    Authority: Secs. 161, 68 Stat. 948, as amended, secs. 1312, 
1701, as amended, 106 Stat. 2932, 2951, 2952, 2953, 110 Stat. 1321-
349, (42 U.S.C. 2201, 2297b-11, 2297f); secs. 201, as amended, 204, 
206, 88 Stat. 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846); 
sec. 234(a), 83 Stat. 444, as amended by Pub. L. 104-134, 110 Stat. 
1321, 1321-349 (42 U.S.C. 2243(a)).
    Sec. 76.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 (42 U.S.C. 5851). Sec. 76.22 is also issued under sec. 193(f), 
as amended, 104 Stat. 2835, as amended by Pub. L. 104-134, 110 Stat. 
1321, 1321-349 (42 U.S.C. 2243(f)). Sec. 76.35(j) also issued under 
sec. 122, 68 Stat. 939 (42 U.S.C. 2152).

    12. In Sec. 76.4, the term ``Corporation'' is revised to read as 
follows and the term ``Uranium enrichment plant'' is removed:


Sec. 76.4  Definitions.

* * * * *
    Corporation means the United States Enrichment Corporation (USEC), 
or its successor, a Corporation that is authorized by statute to lease 
the gaseous diffusion enrichment plants in Paducah, Kentucky, and 
Piketon, Ohio, from the Department of Energy, or any person authorized 
to operate one or both of the gaseous diffusion plants, or other 
facilities, pursuant to a plan for the privatization of USEC that is 
approved by the President.
* * * * *
    13. In Sec. 76.10, paragraph (b) is revised to read as follows:


Sec. 76.10  Deliberate misconduct.

* * * * *
    (b) A person who violates paragraph (a)(1) or (a)(2) of this 
section may be subject to enforcement action in accordance with the 
procedures in 10 CFR part 2, subpart B.
* * * * *
    14. In Sec. 76.21, paragraph (b) is revised to read as follows:


Sec. 76.21  Certificate required.

* * * * *
    (b) For the purposes of Secs. 30.41, 40.51, and 70.42 of this 
chapter, the Corporation shall be authorized to receive, and licensees 
shall be authorized to transfer to the Corporation, byproduct material, 
source material, or special nuclear material to

[[Page 6670]]

the extent permitted under the certificate of compliance issued, and/or 
the compliance plan approved, pursuant to this part.
    15. A new Sec. 76.22 is added to read as follows:


Sec. 76.22  Ineligibility of certain applicants.

    A certificate of compliance may not be issued to the Corporation if 
the Commission determines that:
    (a) The Corporation is owned, controlled, or dominated by an alien, 
a foreign corporation, or a foreign government; or
    (b) The issuance of such a certificate of compliance would be 
inimical to--
    (1) The common defense and security of the United States; or
    (2) The maintenance of a reliable and economical domestic source of 
enrichment services.
    16. Section 76.31 is revised to read as follows:


Sec. 76.31  Periodic application requirement.

    The Corporation shall periodically apply to the Commission for a 
certificate of compliance, in accordance with Sec. 76.36, on or before 
April 15 of the year specified in an existing certificate of compliance 
as determined by the Commission, but not less frequently than every 5 
years.
    17. In Sec. 76.35, paragraph (n) is revised to read as follows:


Sec. 76.35  Contents of initial application.

* * * * *
    (n) A description of the funding program to be established to 
ensure that funds will be set aside and available for those aspects of 
the ultimate disposal of waste and depleted uranium, decontamination 
and decommissioning, relating to the gaseous diffusion plants leased to 
the Corporation by the Department of Energy, which are the financial 
responsibility of the Corporation. The Corporation shall establish 
financial surety arrangements to ensure that sufficient funds will be 
available for the ultimate disposal of waste and depleted uranium, and 
decontamination and decommissioning activities which are the financial 
responsibility of the Corporation. The funding mechanism, such as 
prepayment, surety, insurance, or external sinking fund, must ensure 
availability of funds for any activities which are required to be 
completed both before or after the return of the gaseous diffusion 
facilities to the Department of Energy in accordance with the lease 
between the Department and the Corporation. The funding program must 
contain a basis for cost estimates used to establish funding levels and 
must contain means of adjusting cost estimates and associated funding 
levels over the duration of the lease. The funding program need not 
address funding for those aspects of decontamination and 
decommissioning of the gaseous diffusion plants assigned to the 
Department of Energy under the Atomic Energy Act of 1954, as amended. 
The Corporation should address the adequacy of the financing mechanism 
selected in its periodic application for certification.
    18. In Sec. 76.36, the section heading and paragraph (a) are 
revised to read as follows:


Sec. 76.36  Renewals.

    (a) After issuance by the Commission of the initial certificate of 
compliance and/or an approved compliance plan, the Corporation shall 
file periodic applications for renewal, as required by Sec. 76.31.
* * * * *
    19. Section 76.43 is revised to read as follows:


Sec. 76.43  Date for decision.

    The Director will render a decision on an application within 6 
months of the receipt of the application unless the Director alters the 
date for decision and publishes notice of the new date in the Federal 
Register.
    20. In Sec. 76.45, paragraph (a) is revised to read as follows:


Sec. 76.45  Application for amendment of certificate.

    (a) Contents of amendment application. In addition to the 
application for certification submitted pursuant to Sec. 76.31, the 
Corporation may at any time apply for amendment of the certificate to 
cover proposed new or modified activities. The amendment application 
should contain sufficient information for the Director to make findings 
of compliance or acceptability for the proposed activities as required 
for the original certificate.
* * * * *
    21. Section 76.55 is revised to read as follows:


Sec. 76.55  Timely renewal.

    In any case in which the Corporation has timely filed a sufficient 
application for a certificate of compliance, the existing certificate 
of compliance or approved compliance plan does not expire until the 
application for a certificate of compliance has been finally determined 
by the NRC. For purposes of this rule, a sufficient application is one 
that addresses all elements of Sec. 76.36.
    22. In Sec. 76.60, paragraphs (c)(1) and (d)(1) are removed and 
reserved and paragraph (i) is revised to read as follows:


Sec. 76.60  Regulatory requirements which apply.

* * * * *
    (i) The Corporation shall comply with the applicable provisions of 
10 CFR part 95, ``Security Facility Approval and Safeguarding of 
National Security Information and Restricted Data,'' as specified in 
subpart E to this part.
    23. In Sec. 76.66, paragraph (c) is revised to read as follows:


Sec. 76.66  Expiration and termination of certificates.

* * * * *
    (c) If the Corporation does not submit a renewal application under 
Sec. 76.36, the Corporation shall, on or before the expiration date 
specified in the existing certificate, terminate operation of the 
gaseous diffusion plants.
    24. In Sec. 76.68, paragraph (b) is revised to read as follows:


Sec. 76.68  Plant changes.

* * * * *
    (b) To ensure that the approved application remains current with 
respect to the actual site description and that the plant's programs, 
plans, policies, and operations are in place, the Corporation shall 
submit revised pages to the approved application and safety analysis 
report, marked and dated to indicate each change. The Corporation shall 
evaluate any as-found conditions that do not agree with the plant's 
programs, plans, policies, and operations in accordance with paragraph 
(a) of this section. These revisions must be submitted before April 15 
of each calendar year, or at a shorter interval as may be specified in 
the certificate. If a renewal application for a certificate is filed in 
accordance with Sec. 76.36 of this part, the revisions shall be 
incorporated into the application.
* * * * *
    25. In Sec. 76.72, paragraph (d) is revised to read as follows:


Sec. 76.72  Miscellaneous procedural matters.

* * * * *
    (d) The procedures set forth in 10 CFR 2.205, and in 10 CFR part 2, 
subpart G, will be applied in connection with NRC action to impose a 
civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, 
as amended, or Section 206 of the Energy Reorganization Act of 1974 and 
the implementing regulations in 10 CFR part 21 (Reporting of Defects 
and Noncompliance), as authorized by

[[Page 6671]]

Section 1312(e) of the Atomic Energy Act of 1954, as amended;
* * * * *
    26. In Sec. 76.76, paragraph (a)(2) is revised to read as follows:


Sec. 76.76  Backfitting.

    (a) * * *
    (2) Except as provided in paragraph (a)(4) of this section, the 
Commission shall require a systematic and documented analysis pursuant 
to paragraph (b) of this section for backfits which it seeks to impose.
* * * * *
    27. Section 76.111 is revised to read as follows:


Sec. 76.111  Physical security, material control and accounting, and 
protection of certain information.

    Nuclear Regulatory Commission regulations that will be used for 
certification of the Corporation \2\ for physical security and material 
control and accounting are contained in title 10 of the Code of Federal 
Regulations as described in this subpart. The regulations referenced in 
this subpart contain requirements for physical security and material 
control and accounting for formula quantities of strategic special 
nuclear material (Category I), special nuclear material of moderate 
strategic significance (Category II), and special nuclear material of 
low strategic significance (Category III), and for protection of 
Restricted Data, National Security Information, Safeguards Information, 
and information designated by the U.S. Department of Energy as 
Unclassified Controlled Nuclear Information.
---------------------------------------------------------------------------

    \2\ For the purpose of this subpart, the terms ``licensee'' or 
``license'' used in parts 70, 73, and 74 of this chapter, mean, 
respectively, the Corporation, or the certificate of compliance or 
approved compliance plan.
---------------------------------------------------------------------------

    28. In Sec. 76.113, paragraph (c) is revised to read as follows:


Sec. 76.113  Formula quantities of strategic special nuclear material--
Category I.

* * * * *
    (c) The requirements for the protection of Safeguards Information 
pertaining to formula quantity of strategic special nuclear material 
(Category I) are contained in Sec. 73.21 of this chapter. Information 
designated by the U.S. Department of Energy as Unclassified Controlled 
Nuclear Information must be protected at a level equivalent to that 
accorded Safeguards Information.
* * * * *
    29. Section 76.131 is revised to read as follows:


Sec. 76.131  Violations.

    (a) The Commission may obtain an injunction or other court order to 
prevent a violation of the provisions of:
    (1) The Atomic Energy Act of 1954, as amended;
    (2) Title II of the Energy Reorganization Act of 1974, as amended;
    (3) A regulation or order issued pursuant to those Acts.
    (b) The Commission may obtain a court order for the payment of a 
civil penalty imposed under Section 234 of the Atomic Energy Act of 
1954, as amended, or under Section 1312(e) of the Atomic Energy Act of 
1954, as amended, and Section 206 of the Energy Reorganization Act of 
1974, as amended, for violations of:
    (1) Sections 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, 109, or 
1701 of the Atomic Energy Act of 1954, as amended;
    (2) Section 206 of the Energy Reorganization Act;
    (3) Any rule, regulation, or order issued pursuant to the sections 
specified in paragraph (b)(1) of this section;
    (4) Any term, condition, or limitation of any certificate of 
compliance or approved compliance plan issued under the sections 
specified in paragraph (b)(1) of this section.

    Dated at Rockville, Maryland, this 6th day of February, 1997.

    For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 97-3467 Filed 2-11-97; 8:45 am]
BILLING CODE 7590-01-P


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