6672 Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Proposed Rules

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: Proposed rule.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is proposing to

amend 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

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 proposed changes

to the regulations bring 10 CFR parts 2,

40, 70, and 76 into conformance with

the USEC Privatization Act.

DATES: Comments on the proposed rule

must be received on or before March 14,

1997.

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 a.m. and 4:15 p.m. on Federal

workdays.

For information on submitting

comments electronically, see the

discussion under Electric Assess 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: For

additional information see the direct

final rule published in this issue of the

Federal Register.

Procedural Background

The NRC considers this action

noncontroversial and routine because it

implements specific statutory

requirements (Public Law 104–134).

Therefore, we are publishing this

proposed rule concurrently as a direct

final rule in this issue of the Federal

Register. The direct final rule will

become effective on April 14, 1997.

However, if the NRC receives

significant adverse comments by March

14, 1997, the NRC will withdraw the

direct final rule and address the

significant adverse comments received

in response to the revisions. Any

significant adverse comments will be

addressed in a subsequent final rule on

this proposal. Absent significant

modifications to the proposed revisions

requiring republication, the NRC will

not initiate a second comment period on

this action.

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

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.
Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Proposed Rules 6673

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

AXD3@nrc.gov.

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

Government contracts, Hazardous

materials transportation, Nuclear

materials, Reporting and recordkeeping

requirements, Source material,

Uranium.

10 CFR Part 70

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 § 2.200, paragraph (a) is revised

to read as follows:

§ 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

§ 76.70 of this chapter.

* * * * *

3. In § 2.205, paragraphs (a), (d), (g)

and (h) are revised to read as follows:

§ 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

§ 2.201 or § 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 § 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

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
6674 Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Proposed Rules

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 § 40.4, the term ‘‘Corporation’’ is

added in alphabetical order to read as

follows:

§ 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 § 40.38 is added to read as

follows:

§ 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 § 70.1, a new paragraph (e) is

added to read as follows:

§ 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 § 70.4, the term ‘‘Corporation’’ is

added in alphabetical order to read as

follows:

§ 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 § 70.40 is added to read as

follows:

§ 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 § 76.4, the term ‘‘Corporation’’

is revised to read as follows and the

term ‘‘Uranium enrichment plant’’ is

removed:

§ 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 § 76.10, paragraph (b) is revised

to read as follows:

§ 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 § 76.21, paragraph (b) is revised

to read as follows:

§ 76.21 Certificate required.

* * * * *

(b) For the purposes of §§ 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

the extent permitted under the

certificate of compliance issued, and/or

the compliance plan approved, pursuant

to this part.

15. A new § 76.22 is added to read as

follows:

§ 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
Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Proposed Rules 6675

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:

§ 76.31 Periodic application requirement.

The Corporation shall periodically

apply to the Commission for a certificate

of compliance, in accordance with

§ 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 § 76.35, paragraph (n) is revised

to read as follows:

§ 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 § 76.36, the section heading and

paragraph (a) are revised to read as

follows:

§ 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

§ 76.31.

* * * * *

19. Section 76.43 is revised to read as

follows:

§ 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 § 76.45, paragraph (a) is revised

to read as follows:

§ 76.45 Application for amendment of

certificate.

(a) Contents of amendment

application. In addition to the

application for certification submitted

pursuant to § 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:

§ 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 § 76.36.

22. In § 76.60, paragraphs (c)(1) and

(d)(1) are removed and reserved and

paragraph (i) is revised to read as

follows:

§ 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 § 76.66, paragraph (c) is revised

to read as follows:

§ 76.66 Expiration and termination of

certificates.

* * * * *

(c) If the Corporation does not submit

a renewal application under § 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 § 76.68, paragraph (b) is revised

to read as follows:

§ 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 § 76.36 of this part, the revisions

shall be incorporated into the

application.

* * * * *

25. In § 76.72, paragraph (d) is revised

to read as follows:

§ 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

Section 1312(e) of the Atomic Energy

Act of 1954, as amended;

* * * * *

26. In § 76.76, paragraph (a)(2) is

revised to read as follows:

§ 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
6676 Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Proposed Rules

2For 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.

paragraph (b) of this section for backfits

which it seeks to impose.

* * * * *

27. Section 76.111 is revised to read

as follows:

§ 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.

28. In § 76.113, paragraph (c) is

revised to read as follows:

§ 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 § 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:

§ 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. 97–3466 Filed 2–11–97; 8:45 am]

BILLING CODE 7590–01–P