Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 /Rules and Regulations 31601

heat treated are eligible to be

compensated at the rate of $35.00 per

short ton of millfeed. The amount of

millfeed compensated will be calculated

by multiplying the weight of wheat from

the regulated area received by the miller

by 25 percent (the average percent of

millfeed derived from a short ton of

grain). Compensation payments will be

issued by APHIS. To claim

compensation, the miller must submit to

an inspector verification as to the actual

(not estimated) weight of the wheat

(such as a copy of a facility weigh ticket

or a copy of the bill of lading for the

wheat, if the actual weight appears on

those documents, or other verification).

Flour millers must also submit

verification that the millfeed was heat

treated (such as a copy of the limited

permit under which the wheat was

moved to a treatment facility and a copy

of the bill of lading accompanying that

movement; or a copy of PPQ Form 700

(which includes certification of

processing) signed by the inspector who

monitors the mill). Claims for

compensation must be received by

APHIS on or before October 8, 1998.

The Administrator may extend this

deadline, upon written request in

specific cases, when unusual and

unforeseen circumstances occur which

prevent or hinder a claimant from

requesting compensation on or before

that date.

(c) National Karnal Bunt Survey

participants. If a grain storage facility

participating in the National Karnal

Bunt Survey tests positive for Karnal

bunt, the facility will be regulated, and

may be ordered decontaminated,

pursuant to either an Emergency Action

Notification (PPQ Form 523) issued by

an inspector or a letter issued by an

inspector ordering decontamination of

the facility. If the Secretary has declared

an extraordinary emergency in the State

in which the grain storage facility is

located, the owner will be eligible for

compensation as follows:

(1) Loss in value of positive wheat.

The owner of the grain storage facility

will be compensated for the loss in

value of positive wheat. Compensation

will equal the estimated market price for

the relevant class of wheat minus the

actual price received for the wheat. The

estimated market price will be

calculated by APHIS for each class of

wheat, taking into account the prices

offered by relevant terminal markets

(animal feed, milling, or export) during

the relevant time period for that facility,

with adjustments for transportation and

other handling costs. However,

compensation will not exceed $1.80 per

bushel under any circumstances.

Compensation payments for loss in

value of wheat will be issued by the

Farm Service Agency (FSA). To claim

compensation, the owner of the facility

must submit to the local FSA office a

Karnal Bunt Compensation Claim form,

provided by FSA. The owner of the

facility must also submit to FSA a copy

of the Emergency Action Notification or

letter from an inspector under which the

facility is or was quarantined;

verification as to the actual (not

estimated) weight of the wheat (such as

a copy of a facility weigh ticket or a

copy of the bill of lading for the wheat,

if the actual weight appears on those

documents, or other verification); and a

copy of the receipt for the final sale of

the wheat, showing the total bushels

sold and the total price received by the

owner of the grain storage facility.

Claims for compensation must be

received by FSA on or before October 8,

1998. The Administrator may extend

this deadline, upon request in specific

cases, when unusual and unforeseen

circumstances occur which prevent or

hinder a claimant from requesting

compensation on or before that date.

(2) Decontamination of grain storage

facilities. The owner of the facility will

be compensated on a one time only

basis for each grain storage facility for

each covered crop year wheat for the

direct costs of decontamination of the

facility at the same rate described under

paragraph (a) of this section (up to 50

per cent of the direct costs of

decontamination, not to exceed $20,000

per grain storage facility). Compensation

payments for decontamination of grain

storage facilities will be issued by

APHIS, and claims for compensation

must be submitted in accordance with

the provisions in paragraph (a) of this

section. Claims for compensation must

be received by APHIS on or before

October 8, 1998. The Administrator may

extend this deadline, upon request in

specific cases, when unusual and

unforeseen circumstances occur which

prevent or hinder a claimant from

requesting compensation on or before

that date.

Done in Washington, DC, this 4th day of

June 1998.

Charles P. Schwalbe,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–15405 Filed 6–9–98; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 98–040–1]

Witchweed; Regulated Areas

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the list of

suppressive areas under the witchweed

quarantine and regulations by removing

areas from 12 counties in North Carolina

and 3 counties in South Carolina. This

action is necessary to relieve

unnecessary restrictions on the

interstate movement of regulated

articles from North Carolina and South

Carolina.

DATES: Interim rule effective June 4,

1998. Consideration will be given only

to comments received on or before

August 10, 1998.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 98–040–1, Regulatory

Analysis and Development, PPD,

APHIS, suite 3C03, 4700 River Road,

Unit 118, Riverdale, MD 20737–1238.

Please state that your comments refer to

Docket No. 98–040–1. Comments

received may be inspected at USDA,

room 1141, South Building, 14th Street

and Independence Avenue SW.,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday,

except holidays. Persons wishing to

inspect comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr.

Ronald P. Milberg, Operations Officer,

Operational Support, PPQ, APHIS, 4700

River Road, Unit 134, Riverdale, MD

20737–1236, (301) 734–5255.

SUPPLEMENTARY INFORMATION:

Background

Witchweed (Striga spp.), a parasitic

plant that feeds off the roots of its host,

causes degeneration of corn, sorghum,

and other grassy crops. It is found in the

United States only in parts of North

Carolina and South Carolina.

The witchweed quarantine and

regulations, contained in 7 CFR 301.80

through 301.80–10 (referred to below as

the regulations), quarantine the States of

North Carolina and South Carolina and

restrict the interstate movement of

certain articles from regulated areas in

those States for the purpose of

preventing the spread of witchweed.
31602 Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 /Rules and Regulations

Regulated areas for witchweed are

designated as either suppressive areas or

generally infested areas. Restrictions are

imposed on the interstate movement of

regulated articles from both types of

areas in order to prevent the movement

of witchweed into noninfested areas.

However, the eradication of witchweed

is undertaken as an objective only in

areas designated as suppressive areas.

Currently, there are no areas designated

as generally infested areas.

Removal of Areas From List of

Regulated Areas

We are amending § 301.80–2a of the

regulations, which lists generally

infested and suppressive areas, by

removing areas in Bladen, Columbus,

Craven, Cumberland, Duplin, Greene,

Lenoir, Pender, Pitt, Robeson, Sampson,

and Wayne Counties, NC, and areas in

Dillon, Horry, and Marion Counties, SC,

from the list of suppressive areas. As a

result of this action, there are no longer

any regulated areas in Craven, Duplin,

Greene, Lenoir, Pitt, and Wayne

Counties, NC.

We are taking this action because we

have determined that witchweed no

longer occurs in these areas; therefore,

there is no longer a basis for listing

these areas as suppressive areas for the

purpose of preventing the spread of

witchweed. This action relieves

unnecessary restrictions on the

interstate movement of regulated

articles from these areas.

Immediate Action

The Administrator of the Animal and

Plant Health Inspection Service (APHIS)

has determined that there is good cause

for publishing this interim rule without

prior opportunity for public comment.

Immediate action is warranted to

remove unnecessary restrictions on the

interstate movement of regulated

articles from North Carolina and South

Carolina.

Because prior notice and other public

procedures with respect to this action

are impracticable and contrary to the

public interest under these conditions,

we find good cause under 5 U.S.C. 553

to make it effective upon signature. We

will consider comments that are

received within 60 days of publication

of this rule in the Federal Register.

After the comment period closes, we

will publish another document in the

Federal Register. It will include a

discussion of any comments we receive

and any amendments we are making to

the rule as a result of the comments.

Executive Order 12866 and Regulatory

Flexibility Act

This rule has been reviewed under

Executive Order 12866. For this action,

the Office of Management and Budget

has waived its review process required

by Executive Order 12866.

Witchweed (Striga spp.) is a parasitic

plant that feeds off the roots of its host,

causing degeneration of corn, sorghum,

and other grassy crops. Witchweed is

found in the United States only in parts

of North Carolina and South Carolina.

The witchweed regulations

quarantine the States of North Carolina

and South Carolina and restrict the

interstate movement of certain articles

from regulated areas in those States for

the purpose of preventing the spread of

witchweed into noninfested areas of the

United States.

Regulated areas are designated as

either suppressive areas or generally

infested areas. The eradication of

witchweed is an objective in

suppressive areas, and APHIS conducts

surveys and applies chemical treatments

to achieve that objective. The cost of

treatments and surveillance is borne by

the Federal Government.

We are amending the regulations by

removing 357 farms in North Carolina

and South Carolina from the list of

suppressive areas because witchweed

has been eradicated from these

premises. There are no direct economic

benefits associated with this removal;

however, the regulated articles

produced by some small entities may

receive better interstate and intrastate

market access as a result of originating

in an area free of witchweed.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

Executive Order 12372

This program/activity is listed in the

Catalog of Federal Domestic Assistance

under No. 10.025 and is subject to

Executive Order 12372, which requires

intergovernmental consultation with

State and local officials. (See 7 CFR part

3015, subpart V.)

Executive Order 12778

This rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. This rule: (1) Preempts all State

and local laws and regulations that are

inconsistent with this rule; (2) has no

retroactive effect; and (3) does not

require administrative proceedings

before parties may file suit in court

challenging this rule.

Paperwork Reduction Act

This document contains no

information collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501

et seq.).

List of Subjects in 7 CFR Part 301

Agricultural commodities,

Incorporation by reference, Plant

diseases and pests, Quarantine,

Reporting and recordkeeping

requirements, Transportation.

Accordingly, 7 CFR part 301 is

amended as follows:

PART 301—DOMESTIC QUARANTINE

NOTICES

1. The authority citation for part 301

continues to read as follows:

Authority: 7 U.S.C. 147a, 150bb, 150dd,

150ee, 150ff, 161, 162, and 164–167; 7 CFR

2.22, 2.80, and 371.2(c).

2. Section 301.80–2a is revised to read

as follows:

§ 301.80–2a Regulated areas; generally

infested and suppressive areas.

The civil divisions and parts of civil

divisions described below are

designated as witchweed regulated areas

within the meaning of this subpart.

NORTH CAROLINA

(1) Generally infested areas. None.

(2) Suppressive areas.

Bladen County. That area north of a line

beginning at the intersection of the RobesonBladen County line and State Highway 211,

then east along State Highway 211 Bypass to

State Highway 242, then northeast along

State Highway 242 to U.S. Highway 701, then

north along U.S. Highway 701 to the Cape

Fear River, then southeast along the Cape

Fear River to the Bladen-Columbus County

line.

The Blanks, Alex, farm located on the

north side of State Secondary Road 1734 and

0.5 mile southeast of its intersection with

State Highway 87.

The Hardison, H.B., farm located on a field

road 0.25 mile northwest of its intersection

with State Secondary Road 1719 and 0.2 mile

west of its intersection with State Secondary

Road 1797.

The Jacobs, Sammy, farm located on a field

road 2.0 miles southwest of its intersection

with State Secondary Road 1708 and 0.25

mile south of its intersection with State

Secondary Road 211.

The Maultsby, T.N., farm located on both

sides of State Highway 87 at 0.7 mile

northwest of its intersection with State

Secondary Road 1743.

The Williams, Johnny, farm located west of

State Highway 211 Business and 0.1 mile

from its intersection with State Highway 211

Bypass and 0.5 mile southeast of the

Robeson-Bladen County line.

Columbus County. The Biggs, K.M., farm

located on the north side of State Secondary

Road 1574 and 1.1 miles southeast of its

intersection with State Secondary Road 1506.
Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 /Rules and Regulations 31603

The Border Belt Research Station farm

located on the west side of State Secondary

Road 1537 and 0.3 mile northeast of its

intersection with State Secondary Road 1002.

The Britt, J.T., farm located on the east side

of State Secondary Road 1504 and 1.3 miles

northeast of its intersection with State

Secondary Road 1504.

The Gore, Nettie, farm located on the west

side of U.S. Highway 76 and 0.6 mile north

of its intersection with State Secondary Road

1355.

The Griffin, Wilson, farm located on the

east side of State Secondary Road 1512 and

1.4 miles southwest of its intersection with

State Highway 242.

The Ivey, William, farm located on the

south side of State Secondary Road 1504 and

0.3 mile from its intersection with State

Secondary Road 1506.

The Keaton, Willie, farm located on the

south side of State Secondary Road 1852 and

0.5 mile southwest of its intersection with

State Highway 87.

The Lennon, Calvin, farm located on the

southwest side of State Secondary Road 1002

and 0.7 mile southeast of its intersection with

State Highway 242.

Cumberland County. That area bounded on

the west by the Cape Fear River, then by a

line running east and northeast along the

Fayetteville city limits to U.S. Highway 301,

then northeast along U.S. Highway 301 to

Interstate 95, then northeast along Interstate

95 to U.S. Highway 13, then east and

northeast along U.S. Highway 13 to the

Cumberland-Sampson County line.

The Bullock, Berline, farm located on the

north side of State Secondary Road 1722 and

0.2 mile west of its intersection with U.S.

Highway 301.

The Lewis, David, farm located on the west

side of U.S. Highway 301 and 0.1 mile south

of its intersection with State Secondary Road

1802.

The Lovick, Eugene, farm located on the

north side of State Secondary Road 1732 and

0.9 mile west of its junction with U.S.

Highway 301.

The McKeithan, Sarah, farm located on the

west side of U.S. Highway 301 and 0.3 mile

south of its intersection with State Secondary

Road 1856.

The McKeithan, Zela, farm located on the

east side of U.S. Highway 301 and 0.3 mile

south of its intersection with State Secondary

Road 1856.

The McLaughlin, Cornell, farm located on

the south side of State Secondary Road 2221

and 0.2 mile east of its intersection with State

Secondary Road 2367.

The McLaurin, George, farm located on the

north side of State Secondary Road 1722 and

0.4 mile west of its intersection with U.S.

Highway 301.

The McNeill, Clifton, farm located on both

sides of State Secondary Road 2241 at its

intersection with State Secondary Road 2252.

The Odom, Marshall, farm located on the

north side of State Secondary Road 1722 and

0.1 mile west of its intersection with U.S.

Highway 301.

The Patterson, Theodore, farm located on

the north side of State Road 1288 at its

intersection with State Secondary Road 1116.

The Underwood, Olive T., farm located on

the east side of State Secondary Road 1723

and 0.8 mile south of its junction with State

Secondary Road 1722.

The Williams, Howard, farm located at the

end of State Secondary Road 2243, which is

a dead end road.

Pender County. The Kea, Leo, farm located

0.3 mile east of State Secondary Road 1105

and 1.2 miles south of its intersection with

State Secondary Road 1104.

The Keith, F.R., farm located on both sides

of State Secondary Road 1130 and 0.7 mile

west of its junction with State Highway 210.

The Manuel, George, farm located 0.1 mile

south of State Highway 210 and 0.2 mile west

of its junction with State Secondary Road

1103.

The McCallister, Mary, farm located 0.2

mile east of State Secondary Road 1105 and

1.1 miles south of its intersection with State

Secondary Road 1104.

The Zibelin, John R., farm located 0.5 mile

east of State Secondary Road 1105 and 1.2

miles south of its intersection with State

Secondary Road 1104.

Robeson County. That area west and south

of a line beginning at the intersection of

Interstate 95 and the Cumberland-Robeson

County line and extending southeast along

Interstate 95 to State Highway 211 then

northeast along State Highway 211 to the

Robeson-Bladen County line.

The Epps, Frank, farm located on the

northeast side of a field road 0.5 mile east of

its intersection with State Secondary Road

1935 and 0.7 mile east of its intersection with

U.S. Highway 301.

The Smith, Josephine, farm located on the

west side of State Secondary Road 1937 and

0.2 mile south of its intersection with State

Secondary Road 1933.

The Warwick, W.M., farm located on a

field road 0.3 mile north of State Secondary

Road 2120 and 0.5 mile west of its

intersection with State Highway 211.

Sampson County. That area south of a line

beginning at a point where U.S. Highway 421

intersects the Sampson-Harnett County line,

then southeast along U.S. Highway 421 to the

Sampson-Pender County line.

The Bryant, Ermon Estate, farm located on

the north side of State Secondary Road 1943

and 0.6 mile northwest of its intersection

with State Secondary Road 1942.

The Hobbs, Ed, farm located 0.7 mile south

of State Secondary Road 1736 and 1 mile

south of its intersection with State Secondary

Road 1731.

The Merritt, David, farm located on a field

road 0.5 mile south of State Secondary Road

1943 and 0.4 mile southwest of its

intersection with State Secondary Road 1944.

The Pate, Ray, farm located on the west

side of State Secondary Road 1738 and 0.6

mile southeast of its intersection with State

Secondary Road 1740.

The Quarter M Farms farm located on a

field road 0.2 mile southeast of State

Secondary Road 1955 and 0.7 mile southeast

of its intersection with State Secondary Road

1945.

The Strickland, Edgebert, farm located on

the north side of State Highway 421 and 1

mile east of its intersection with State

Secondary Road 1703.

SOUTH CAROLINA

(1) Generally infested areas. None.

(2) Suppressive areas.

Dillon County. The Adams, Coble, farm

located west of State Secondary Highway 23

and 0.2 mile north of its intersection with

State Secondary Highway 286.

The Wise, Wilbur, farm located on the

south side of a field road and 0.15 mile

southeast of the junction of the road with

State Secondary Road 626 and 0.55 mile

southwest of the intersection of State

Secondary Road 625 with State Highway 38.

Horry County. That area bounded by a line

beginning at a point where U.S. Highway 76

intersects the South Carolina-North Carolina

State line, then south along U.S. Highway 76

to State Secondary Highway 44, then south

along State Secondary Highway 44 to State

Secondary Highway 19, then south along

State Secondary Highway 19 to Honey Camp

Branch, then southwest along Honey Camp

Branch to Lake Swamp, then east along Lake

Swamp to Prince Mill Swamp, then south

along Prince Mill Swamp to State Secondary

Highway 309, then southwest along State

Secondary Highway 309 to State Secondary

Highway 45, then southwest along State

Secondary Highway 45 to State Secondary

Highway 129, then northwest along State

Secondary Highway 129 to U.S. Highway

501, then northwest along U.S. Highway 501

to the Little Pee Dee River, then northeast

along the Little Pee Dee River to the Lumber

River, then northeast along the Lumber River

to the South Carolina-North Carolina State

line, then southeast along the State line to the

point of beginning.

That area south of a line beginning at the

intersection of the Waccamaw River and

State Secondary Highway 638, then southeast

along State Secondary Highway 638 to State

Primary Highway 90, then north along State

Primary Highway 90 to an unpaved road

known as Water Tower Road, then east along

Water Tower Road to an unpaved road

known as Telephone Road, then southeast

along Telephone Road to the northern tip of

Long Bay, then west along Long Bay to

Dogwood Road, then northwest along

Dogwood Road to South Carolina Primary

Highway 90, then northeast along South

Carolina Primary Highway 90 to the north

branch of Mills Swamp, then west along this

branch to the Waccamaw River, then

northeast along the Waccamaw River to the

point of beginning.

The Harden, John, farm located on the

northwest side of a dirt road and 0.4 mile

northeast of the junction of this dirt road

with State Secondary Roads 105 and 377.

The Stevens, James, farm located on the

south side of a dirt road and 0.3 mile

northeast of its junction with State Secondary

Highway 112, this junction being 1.2 miles

east of the junction of State Secondary

Highway 112 with State Secondary Highway

139.

Marion County. That area north, west, and

east of a line beginning at the intersection of

State Primary Highway 41A and the North

Carolina-South Carolina State lines, then

southwest along State Primary Highway 41A

to the Marion city limits, then southeast

along the Marion city limits to U.S. Highway

76, then east along U.S. Highway 76 to the

Mullins city limits, then southeast along the

Mullins city limits to State Primary Highway
31604 Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 /Rules and Regulations

917, then southeast along State Primary

Highway 917 to the Little Pee Dee River.

Done in Washington, DC, this 4th day of

June 1998.

Charles P. Schwalbe,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–15404 Filed 6–9–98; 8:45 am]

BILLING CODE 3410–34–P

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 35

RIN 3150–AF77

License Term for Medical Use Licenses

AGENCY: Nuclear Regulatory

Commission.

ACTION: Final rule.

SUMMARY: The Nuclear Regulatory

Commission is amending its regulations

pertaining to the medical use of

byproduct material to eliminate the 5-

year term limit for medical use licenses.

License terms for licenses issued under

these regulations will be set by policy.

Other materials licenses are issued for

up to 10 years. The NRC will issue some

licenses for shorter terms if warranted

by the individual circumstances of

license applicants. The amendment

reduces the administrative burden of

license renewals on a 5-year cycle for

both NRC and licensees and supports

NRC’s goal of streamlining the licensing

process.

EFFECTIVE DATE: This regulation

becomes effective on July 10, 1998.

FOR FURTHER INFORMATION CONTACT:

Jayne M. McCausland, Office of Nuclear

Material Safety and Safeguards, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555, telephone (301)

415–6219, e-mail JMM2 @ nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Background.

II. Discussion.

III. Statement of Regulatory Action.

IV. Discussion of Public Comments.

V. Agreement State Compatibility.

VI. Environmental Impact: Categorical

Exclusion.

VII. Paperwork Reduction Act Statement.

VIII. Regulatory Analysis.

IX. Regulatory Flexibility Certification.

X. Backfit Analysis.

I. Background

In 1995, the NRC’s Office of Nuclear

Material Safety and Safeguards (NMSS)

initiated a review to determine whether

the license term for materials licenses

could be lengthened so that NRC’s

licensing resources could be redirected

to other areas of the materials program.

At that time, the resources devoted to

renewals constituted over 50 percent of

the total resources expended for

licensing. NMSS undertook this review

as a part of NRC’s ‘‘business process

redesign’’ efforts.

The license renewal process has been

used as an opportunity for the

Commission to review the history of the

licensee’s operating performance (e.g.,

the record on compliance with

regulatory requirements) and the

licensee’s overall materials safety

program. This review is performed to

ascertain if the licensee employs up-todate technology and practices in the

protection of health, safety, and the

environment, and complies with any

new or amended regulations. As part of

a license renewal, the licensee is asked

to provide information on the current

status of its program as well as any

proposed changes in operations (types

and quantities of authorized materials),

personnel (authorized users and

radiation safety officers), facility,

equipment, or applicable procedures.

The renewal process has been perceived

to benefit both the licensee and NRC

because it requires both to take a

comprehensive look at the licensed

operation. However, in practice,

comprehensive program reviews occur

when proposed changes are identified

and requested by licensees as license

amendments rather than during the

license renewal process.

License terms have been reviewed on

numerous occasions since 1967. On

May 12, 1967 (32 FR 7172), the

Commission amended 10 CFR part 40 to

eliminate a 3-year limit on the term of

source material licenses. At that time,

there was no restriction on the term of

byproduct licenses under 10 CFR part

30 or special nuclear material licenses

under 10 CFR part 70. In the notice of

proposed rulemaking associated with

amending 10 CFR part 40, dated

December 22, 1966, NRC indicated that

if the proposed amendment to eliminate

the 3-year restriction were adopted,

licenses would be issued for 5-year

terms, except when the nature of the

applicant’s proposed activities indicated

a need for a shorter license period. At

that time, the Commission believed

there was little justification for granting

licenses under 10 CFR parts 30, 40, and

70 for terms of less than 5 years, in view

of the cumulative experience up to that

time and the means available to NRC to

suspend, revoke, or modify such

licenses if public health and safety or

environment so required.

In March 1978, NMSS conducted a

study (SECY–78–284, ‘‘The License

Renewal Study for parts 30, 40, and 70

Licenses’’) to consider changing the 5-

year renewal period for parts 30, 40, and

70 licenses. The study concluded, in

part, that the NRC should continue its

practice of issuing specific licenses for

5-year terms and should retain an

option to write licenses for shorter

terms, if deemed necessary, for new

types of operations or if circumstances

warranted.

On July 26, 1985 (50 FR 30616), NRC

proposed revising 10 CFR part 35,

‘‘Medical Use of Byproduct Material.’’

The proposed rulemaking indicated that

the Commission had selected a term of

five years for a license. It was believed

that a term shorter than 5 years would

not benefit health and safety because

past experience indicated that medical

programs did not generally change

significantly over that period of time.

The notice also indicated that a longer

term may occasionally result in

unintentional abandonment of the

license. On October 16, 1986 (51 FR

36932), NRC issued the final rule that

consolidated and clarified radiation

safety requirements related to the

medical use of byproduct materials, and

included a license term of 5 years.

On June 19, 1990 (55 FR 24948), the

Commission announced that the license

term for major operating fuel cycle

licensees (i.e., licenses issued pursuant

to 10 CFR parts 40 or 70) would be

increased from a 5-year term to a 10-

year term at the next renewal of the

affected licenses. This change enabled

NRC resources to be used to improve the

licensing and inspection programs. The

bases for this change were that major

operating fuel cycle facilities had

become stable in terms of significant

changes to their licenses and operations

and that licensees would be required to

update the safety demonstration

sections of their licenses every 2 years.

On July 2, 1996, the Commission

approved the NRC staff’s proposal to

extend the license term for uranium

recovery facilities from 5 years to 10

years. Extending the license term

reduces the administrative burden

associated with the license renewal

process for both the NRC staff and the

uranium recovery licensees. Also, the

extension reduces licensee fees, makes

the license term for these facilities more

commensurate with the level of risk,

and supports NRC’s goal of streamlining

the licensing process. Licensees were

informed of the extensions in July 1996.

On February 6, 1997 (62 FR 5656), the

Commission gave notice that the license

term for materials licenses issued

pursuant to 10 CFR parts 30, 40, or 70

would be increased from a 5-year term

to up to a 10-year term at the next

renewal of the affected licenses.

However, whereas the 10-year term for