[Federal Register Volume 60, Number 12 (Thursday, January 19, 1995)]
[Rules and Regulations]
[Pages 3735-3737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1270]



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NUCLEAR REGULATORY COMMISSION

10 CFR Part 32

RIN 3150-AF26


Requirement to Report Transfers of Devices to Generally Licensed 
Persons

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations governing the reporting of transfers of devices to 
generally licensed persons. The amendments relieve initial distributors 
of the devices from their requirement to provide copies of the transfer 
reports to each appropriate NRC Regional Office. Because the reports 
are already sent to NRC Headquarters, it is not necessary for each 
Regional office to receive copies. These amendments would reduce the 
administrative burden on the initial distributors.


[[Page 3736]]

EFFECTIVE DATE: December 31, 1994.

FOR FURTHER INFORMATION CONTACT:
John W. Lubinski, Office of Nuclear Material Safety and Safeguards, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone 
(301) 415-7868.

SUPPLEMENTARY INFORMATION: 

Background

    Each person licensed to initially transfer devices to persons 
generally licensed under 10 CFR 31.5 or 31.7 is required, in part, to 
send a report of all transfers of devices to generally licensed persons 
to the Director, Office of Nuclear Material Safety and Safeguards 
(NMSS), with a copy of the report to each appropriate Regional Office. 
The reports are required to either be submitted on a quarterly basis in 
accordance with 10 CFR 32.52 or on annual basis in accordance with 10 
CFR 32.56. The general licensees are not required to report receipt of 
the devices. Therefore, the reports from the distributors are the only 
notification to NRC concerning who is using byproduct material under 
the general license. The information is required to be submitted so 
that NRC is aware of the identity of all persons using byproduct 
material under a general license.

Discussion

    NMSS is maintaining a computerized database at NRC Headquarters 
which contains the information provided in the transfer reports 
submitted in accordance with 10 CFR 32.52 and 32.56. The database 
allows the NRC staff to query specific information about the general 
licensees and the devices they possess and to print standard and custom 
reports. Information from the database allows the NRC staff to locate 
information without sifting through each report submitted by the 
distributors. The information in the database is available to all NRC 
personnel who request it from the database administrator.
    Specific information from the reports required by 10 CFR 32.52 or 
32.56 is more useful to NRC Regional staff because it is generated from 
the computerized database. Therefore, it is not necessary for vendors 
to provide copies of the reports to the Regional Offices. It is only 
necessary for the initial distributor to continue to provide the 
reports to NRC Headquarters through the Director, NMSS.

Changes in the Regulations

    Paragraph (a), under 10 CFR 32.52 ``Same: Material transfer reports 
and records,'' and 10 CFR 32.56 ``Same: Material transfer reports,'' 
require, in part, that the initial distributors of generally licensed 
devices provide copies of the reports of transfer to general licensees 
to each appropriate NRC Regional Office. This regulation is being 
amended to remove this requirement. The distributors will only be 
required to submit copies to the Director, NMSS.
    These amendments are exempt from the notice and comment 
requirements of section 553 of the Administrative Procedure Act (APA). 
The general rulemaking provision of the APA, Sec. 553(b)(A), permits an 
agency to issue procedural rules without prior notice since such rules 
do not alter any person's substantive rights. These amendments fall 
within the exemption provided by the APA because they address the 
administrative procedures used by the NRC to process reports received 
pursuant to 10 CFR 32.52 and 32.56 and will not affect the public 
health and safety.

Waiver of Administrative Procedure Act Requirements

    Because these amendments deal with agency practice and procedure, 
the notice and comment provisions of the APA do not apply pursuant to 5 
U.S.C. 553(b)(A). Good cause exists to dispense with the usual 30-day 
delay in the effective date because the amendments address the 
administrative procedures used by the NRC to process reports received 
from licensees. The change provides for a decrease in the number of 
reports the distributors must submit and will not affect public health 
and safety.

Compatibility of Agreement State Regulations

    10 CFR 32.52 and 32.56 are currently designated Division II matters 
of compatibility for Agreement State regulations. The revisions 
addressed in this rule deal solely with a reduction in the 
administrative burden on those licensees (initial distributors) 
required to send reports to the NRC for the transfer of devices for use 
by persons generally licensed under 10 CFR 31.5 or 31.7. The rule does 
not affect the current compatibility designations and therefore, 10 CFR 
32.52 and 32.56 continue to be designated as Division II matters of 
compatibility.

Environmental Impact: Categorical Exclusion

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

Paperwork Reduction Act Statement

    This final rule amends the information collection requirements that 
are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 
seq.). These requirements were approved by the Office of Management and 
Budget, approval number 3150-0001.
    The public reporting burden will be reduced as a result of this 
rule change. It is estimated that the average annual reduction in 
burden to each licensee distributing devices in accordance with 10 CFR 
32.52 will be 1.2 hours per year. This represents a reduction in the 
time needed to copy and mail reports. The average annual reduction in 
burden to each licensee distributing devices in accordance with 10 CFR 
32.56 will be negligible. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for further reducing this burden, to the Information and 
Records Management Branch (T6F33), U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, and to the Desk Officer, Office of 
Information and Regulatory Affairs, NEOB-10202, (3150-0001), Office of 
Management and Budget, Washington, DC 20503.

Regulatory Analysis

    The NRC has not prepared a regulatory analysis for this final 
regulation since the change is only administrative in nature and 
represents a reduction in burden to all affected licensees.

Backfit Analysis

    The NRC has determined that the backfit rule, 10 CFR 50.109, does 
not apply to this final rule and, therefore, a bckfit analysis is not 
required because these amendments do not involve any provisions that 
would impose backfits as defined in 10 CFR 50.109(a)(1).

List of Subjects in 10 CFR Part 32

    Byproduct material, Criminal penalties, Labeling, Nuclear 
materials, Radiation protection, Reporting and recordkeeping 
requirements.

    For the reasons set out 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 NRC is adopting 
the following amendments to 10 CFR Part 32.

[[Page 3737]]


PART 32--SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER 
CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL

    1. The authority citation for 10 CFR Part 32 continues to read as 
follows:

    Authority: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954, 
as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat. 
1242, as amended (42 U.S.C. 5841).

    2. In Sec. 32.52, paragraph (a) is revised to read as follows:


Sec. 32.52  Same: Material transfer reports and records.

* * * * *
    (a) Report to the Director of Nuclear Material Safety and 
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, all transfers of such devices to persons for use under the 
general license in Sec. 31.5 of this chapter. Such reports must 
identify each general licensee by name and address, and individual by 
name and/or position who may constitute a point of contact between the 
Commission and the general licensee, the type of device transferred, 
and the quantity and type of byproduct material contained in the 
device. If one or more intermediate persons will temporarily possess 
the device at the intended place of use prior to its possession by the 
user, the report must include identification of each intermediate 
person by name, address, contact, and relationship to the intended 
user. If no transfers have been made to persons generally licensed 
under Sec. 31.5 of this chapter during the reporting period, the report 
must so indicate. The report must cover each calendar quarter and must 
be filed within 30 days thereafter.
* * * * *
    3. Section 32.56 is revised to read as follows:


Sec. 32.56  Same: Material transfer reports.

    Each person licensed under Sec. 32.53 shall file an annual report 
with the Director of Nuclear Material Safety and Safeguards, U.S. 
Nuclear Regulatory Commission, Washington, D.C. 20555-0001, which must 
state the total quantity of tritium or promethium-147 transferred to 
persons generally licensed under Sec. 31.7 of this chapter. The report 
must identify each general licensee by name, state the kinds and 
numbers of luminous devices transferred, and specify the quantity of 
tritium or promethium-147 in each kind of device. Each report must 
cover the year ending June 30 and must be filed within thirty (30) days 
thereafter.
* * * * *
    Dated at Rockville, Maryland, this 5th day of January 1995.

    For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 95-1270 Filed 1-18-95; 8:45 am]
BILLING CODE 7590-01-M