[Federal Register Volume 61, Number 96 (Thursday, May 16, 1996)]
[Rules and Regulations]
[Pages 24669-24675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12166]



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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 20, 30, 40, 61, 70, and 72

RIN 3150-AF17


Termination or Transfer of Licensed Activities: Recordkeeping 
Requirements

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations pertaining to the disposition of certain records when a 
licensee terminates licensed activities or licensed activities are 
transferred to another licensee. The final rule requires a licensee to 
transfer records pertaining to decommissioning, and certain records 
pertaining to offsite releases and waste disposal, to the new licensee 
if licensed activities will continue at the same site, and it requires 
the new licensee to forward these same records to the NRC before the 
license is terminated.

EFFECTIVE DATE: June 17, 1996.

FOR FURTHER INFORMATION CONTACT: Mary L. Thomas, Office of Nuclear 
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001, telephone (301) 415-6230, e-mail <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="521f1e0663121c00117c151d04">[email protected]</a>.

SUPPLEMENTARY INFORMATION:

I. Background

    While evaluating an incident involving some offsite contamination, 
the NRC identified a deficiency in the current recordkeeping 
requirements. The NRC was unable to determine how much radioactive 
material was released to a sanitary sewerage system because records of 
previous releases by the original holder of the license were not 
available. In addition, the regulations were unclear with regard to the 
final disposition of these records when licensed activities have ceased 
and the license is terminated. A proposed rule requiring licensees to 
forward certain records to the NRC once licensed activities ceased, or 
to a new owner if they would be taking over licensed activities, was 
published for comment in the Federal Register on December 28, 1994 (59 
FR 66814).

[[Page 24670]]

II. Discussion of Comments and Summary of Requirements in the Final 
Rule

    This section includes a discussion of the significant issues raised 
by public comment and how they were addressed. Six comment letters were 
received on the proposed rule, 3 from Agreement States, 1 from a 
licensee, and two from public interest groups. Three supported the 
proposed rule, and three (from Agreement States) questioned the benefit 
in adopting these requirements.

Public Comments

1. Need for the Rule and Expected Benefit
    Comments. Two commenters stated that the NRC has not demonstrated 
the need for the rule on the basis of one incident. They also stated 
that the NRC did not demonstrate how the proposed regulations and their 
commensurate costs would assist licensees, the NRC, and the Agreement 
States in the analysis of the environmental impact from the site. They 
requested that the NRC provide data that permits evaluation of the 
actual impact of these regulations.
    These same commenters stated that the usefulness of the records in 
the decisionmaking process should also be demonstrated in each case. 
They referred to the Objective Section of the Draft Regulatory 
Analysis, which stated that these records ``* * * will provide the NRC 
with the information needed to assess possible risks associated with 
licensed activities once a licensee has terminated its license.'' They 
believed that this assumption is generally false, and that even if 
sewer release records were available, an independent evaluation of the 
environment would still be required.
    Response. The intent of the proposed rule was to ensure that 
records that are required by current regulations to be retained by 
licensees during licensed operations are available in the event that 
safety concerns arise after license termination regarding any offsite 
consequences found to have resulted from licensed operations. Since the 
NRC may not be able to determine what problems will arise in the 
future, the best course of action is to have the records available 
after the license is terminated. The proposed rule specified that the 
records used by the licensee to demonstrate compliance with the public 
dose limits and limits on waste disposals were to be forwarded to the 
NRC prior to license termination or to the new owner if licensed 
operations were to continue at the site under a new or amended license. 
In addition, the proposed rule specified that records important for 
decommissioning be provided to the new licensee prior to license 
reassignment or transfer. As discussed below, in addition to 
decommissioning records, the records included in the final rule are: 
results of offsite release measurements and calculations under 
Sec. 20.2103(b)(4); and waste disposals authorized under Secs. 20.2202, 
20.2203, 20.2204, and 20.2205.
    In order for the NRC to determine that a licensee has effectively 
decommissioned its facility, and to authorize license termination, the 
NRC will review the licensee's evaluation of previous releases to the 
environment and waste disposals to determine whether there is a need 
for the licensee to remediate significant offsite contamination as a 
result of past licensed activities prior to license termination. 
Licensees are already required to keep these records until license 
termination.
    When transfer of a license to a new entity is approved by the 
Commission, certain records related to offsite releases of material, 
including waste disposals, would be needed by the new licensee prior to 
decommissioning to determine areas where remediation may be needed. In 
addition, there may be circumstances where it will be necessary for the 
NRC or other government agencies to evaluate the effects of licensed 
operations on the environment. Although other information would also be 
needed to perform an environmental analysis, access to these records 
would be useful in evaluating potential sources of contamination.
    The NRC has re-evaluated the impact of this regulation in the 
Regulatory Analysis. The records required to be transferred are the 
records that the licensee is already required to retain until license 
termination. The burden associated with this rulemaking relates to 
transfer and subsequent storage of records, and as discussed in the 
Regulatory Analysis, is not found to be significant.
    The final rule has been modified to specify that only 
decommissioning records and records of offsite releases and waste 
disposals need to be forwarded to the new licensee in the event of 
license transfer or re-assignment and that these are the only records 
that need to be provided to the NRC at license termination. In 
addition, only licensees authorized to possess unsealed source material 
or unsealed byproduct material with half-lives greater than 120 days 
(i.e., licensees that have a potential for significant contamination) 
will be required to provide records to the new licensee in the event of 
re-assignment or transfer and to the NRC at license termination. The 
use of a 120 day half-life for byproduct material was chosen because 
radioactive material with half-lives less than 120 days would be 
completely decayed in a few years, and corresponds to the value 
currently used to determine which licensees must have a decommissioning 
funding plan. This change in the final rule was made to reduce the 
burden on a number of licensees that routinely use only sealed sources 
and, in the case of byproduct material, short-lived isotopes (less than 
120 days). Licensees authorized to possess only sealed sources would 
still be required to retain records of spills involving source 
ruptures, under current decommissioning recordkeeping requirements. The 
final rule will require all licensees to forward decommissioning 
records to the NRC at license termination. Using this criteria the 
number of licensees affected annually by this rulemaking has decreased 
from approximately 1700 in the proposed rule to 960 in the final rule.
2. Agreement State Compatibility
    Comment. One commenter stated (1) that there was no basis for a 
Division 2 level of compatibility and (2) that an Agreement State could 
use other methods, such as actual surveys, to confirm that there was no 
offsite contamination. In addition, the commenter stated that other 
costs associated with the proposed rule have not been considered, such 
as costs associated with inspections, and while the NRC may be able to 
absorb these costs in ``non-core portions of the inspection program,'' 
Agreement States do not have this luxury.
    Response. The Commission still believes that this rule should be 
assigned a Division 2 compatibility level for most of the new 
requirements. The final rule assigns a Division 3 compatibility level 
for the requirement that records be provided to the regulatory agency 
prior to license termination. While the NRC believes that it would be 
prudent for Agreement States to adopt a similar requirement, the final 
rule assignment of a Division 3 compatibility level for this 
requirement provides the flexibility for each State to determine which 
records should be provided to the regulatory agency and retained by it 
at license termination.
    The NRC believes retention of these records will aid in the 
resolution of potential safety concerns that may be identified after 
license termination, and

[[Page 24671]]

also recognizes that an Agreement State without an equivalent 
requirement for record retention has the ability to resolve potential 
future safety concerns. However, this can be achieved by conducting 
radiological surveys at the formerly licensed site. Without the 
records, these surveys may need to be greater in number and may be more 
costly, but the absence of retained records will not preclude an 
Agreement State from adequately assessing future safety concerns.
    Because the Commission has reduced the burden of this rule by 
limiting the number of licensees affected by this rule, the inspection 
burden on the Agreement States should not be significantly increased. 
It is unlikely that any State will have more than 2-3 transfers per 
year. With respect to other costs, the reporting burden reflects that 
the time required to index, review, and store the required records has 
been re-calculated to be an average of 5 hours per license termination 
or transfer.
3. Regulatory Alternatives
    Comment. Two commenters stated that the NRC failed to identify 
regulatory alternatives that would be as effective as the proposed rule 
while placing less burden on licensees, the NRC, and Agreement States. 
As noted in the discussion of Issues 1 and 2, the commenters concluded 
that any benefit from the proposed rule is questionable. They stated 
that specific regulatory alternatives that should be considered 
include, but are not limited to:
    a. Perform separate evaluations for the utility of requiring 
records for offsite releases and for waste disposal, and making 
independent judgments.
    b. Consider limiting the scope of the rules to address only those 
facilities that possess unsealed sources with long half-lives.
    c. Consider all records being provided to the NRC, rather than 
requiring Agreement States to maintain the records.
    d. Eliminate transferring 10 CFR 20.2005 type records (disposal of 
specific wastes, in quantities less than or equal to 1.85 
kilobecquerels per gram of tritium or carbon-14 in scintillation fluids 
or animal tissue).
    Response. The Commission considered possible alternatives to 
rulemaking. These are addressed in the Regulatory Analysis prepared for 
this rule. The following information is provided with respect to the 
specific recommendations of the commenters:
    (a) The NRC reconsidered the scope of the proposed rule and decided 
to limit the records required to those needed to support 
decommissioning. The Commission has already evaluated the impact and 
need for decommissioning records in promulgating a final rule 
addressing recordkeeping requirements for decommissioning (58 FR 
39628).
    The records included in the final rule are decommissioning records, 
records of waste disposals that would be permitted under Secs. 20.2002 
(including any burials authorized before January 28, 1981), 20.2003, 
20.2004, 20.2005, and results of measurements and calculations used to 
evaluate offsite releases (Sec. 20.2103(b)(4)). These records would be 
helpful in evaluating the impact of a licensee's past activities. This 
information can be used by the new licensee receiving the records in 
developing decommissioning plans and by the regulatory agency to 
evaluate the adequacy of the licensee's decommissioning activities. 
With this change, the NRC concluded that for most licensees the overall 
number of records that would be required to be transferred to the new 
licensee should not exceed the capacity of several file drawers, even 
for a license that has been in effect for some time and, therefore, the 
overall burden associated with the transfer should be small. In 
addition, the rule permits storage of this information electronically. 
The final rule also requires that decommissioning records and certain 
records pertaining to offsite releases and waste disposal be forwarded 
to the NRC or the appropriate Agreement State prior to license 
termination.
    (b) The NRC has evaluated the suggestion to limit the scope of 
licensees covered by the rule and has revised the final rule and the 
Regulatory Analysis to reflect that, for licenses authorized under 
Parts 30 or 40, the rule only affects those licensees authorized to 
possess unsealed byproduct material with half-lives greater than 120 
days or unsealed source material. Licensees that use and possess sealed 
sources, or unsealed byproduct material with short half-lives, are no 
longer affected by this rule. As a result of this change, most medical 
licensees will not need to transfer records in the event of license 
transfer, or re-assignment. Final records disposition for these 
licensees and others excluded by this rule will still be determined on 
a case-by-case basis by the NRC at the time of license termination.
    (c) The purpose of this rulemaking is to assure that adequate 
records are available to provide historical information on previous 
licensed operations in the event significant offsite contamination is 
detected after a licensee has ceased operation of their facility. To 
provide flexibility to the Agreement States, the sections of the final 
rule requiring transmittal of records to the NRC at license termination 
have been designated Division 3 compatibility level. Because the NRC 
has discontinued its regulatory authority in the Agreement States for 
this material, it is appropriate that the Agreement States, rather than 
the NRC, both determine which Agreement State licensee records should 
be retained at license termination, and maintain those records.
    (d) Records of waste disposals allowed by Sec. 20.2005 currently 
are required by Sec. 20.2108(b) to be retained until the Commission 
terminates each pertinent license requiring the record. The Commission 
is currently evaluating a petition for rulemaking that requests a 
revision to Sec. 20.2005 pertaining to waste disposal. This petition is 
currently on hold until finalization of the rulemaking addressing 
radiological criteria for decommissioning. In light of this, we will 
consider this comment in resolving this petition.
4. Public Access To Information
    Comment. One commenter was concerned that the Commission overlooked 
the benefits which could result from simple, inexpensive-to-implement 
requirements enhancing public access to information. This commenter 
noted that enhanced public access to information is an important 
(though not the only) reason for recordkeeping, in part because 
informed members of the public can play a significant role in ensuring 
that regulatory actions are appropriate and timely. This commenter 
urged the Commission to consider enhanced public access to information 
as part of a coherent policy to protect important documentary 
information from loss.
    Response. This rule requires that records pertaining to 
decommissioning and certain records pertaining to offsite releases and 
waste disposals be transferred to a licensee that takes over a previous 
licensee's business and that these records be forwarded to the 
cognizant regulatory body prior to license termination, thereby 
protecting these records for future access. Once these records are 
forwarded to the NRC, they will be available through the Freedom of 
Information Act process, exclusive of any proprietary information.
5. Independent Spent Fuel Storage Installations and 10 CFR 72.30(d) 
Requirements
    Comment. One commenter stated that 10 CFR 72.30(d) addresses 
recordkeeping requirements for

[[Page 24672]]

decommissioning for independent spent fuel storage installations and 
that the NRC has proposed changes to this paragraph to address the 
transfer of licensed activities. This commenter questions why 10 CFR 
50.75(g), which contains the same type of recordkeeping requirements 
for decommissioning for production and utilization facilities, was not 
changed. The commenter believes this to be inconsistent and possibly an 
inadvertent omission by the NRC.
    Response. This rule only addresses materials licensees. The 
Commission is currently evaluating the need for additional rulemaking 
to address the broad issue of transfers of reactor licenses. Any such 
rulemaking would also consider recordkeeping requirements.

Summary of Requirements of the Final Rule

    The final rule requires transfer of certain records pertaining to 
decommissioning, offsite releases, and waste disposal to a licensee 
that takes over operation of licensed activities. These records 
include: those waste disposals that would be permitted under 
Secs. 20.2002 (including any burials authorized before January 28, 
1981), 20.2003, 20.2004, 20.2005, and results of measurements and 
calculations used to evaluate offsite releases (Sec. 20.2103(b)(4)). 
The new licensee will need these records in order to perform an 
adequate site characterization prior to decommissioning. Once the new 
entity is granted a license and accepts these records, they become 
subject to all regulations concerning termination and transfer. The 
final rule also requires that these records be forwarded to the NRC 
prior to license termination. In selecting records to include in this 
rulemaking, the NRC focused attention on information that would be 
needed by licensees to conduct decommissioning effectively and for the 
NRC to evaluate offsite consequences from a licensee's operation. In 
addition, for certain records of offsite releases and waste disposals, 
the final rule has also been modified to apply to licensees only 
authorized to possess source and byproduct material with half-lives 
greater than 120 days, in an unsealed form.
    Paragraph 20.2108(b) has been amended to state that there are 
additional requirements for disposition of records in 10 CFR Parts 30, 
40, 70, and 72. Paragraphs 30.35(g) and 40.36(f) specify records that 
the Commission considers important to decommissioning. The NRC has 
revised these paragraphs to require the transfer of records pertaining 
to decommissioning to the new licensee. Paragraphs have been added to 
Secs. 30.51, 40.61, 70.51, and 72.80 to clarify that records pertaining 
to decommissioning, offsite releases, and certain records pertaining to 
waste disposal be forwarded to the new licensee prior to license 
transfer or re-assignment, or to the NRC prior to license termination. 
Also, paragraphs have been added to Secs. 61.30(a)(3) and 61.31(c)(1) 
to clarify that records required by Secs. 61.80 (e) and (f) are to be 
transferred to the disposal site owner, or to the party responsible for 
institutional control of the disposal site, respectively.
    Finally, a new paragraph has been added to Secs. 30.36, 40.42, 
70.38, and 72.54 to state that a license will not be terminated until 
the NRC receives the records required by revised Secs. 30.51, 40.61, 
70.51, and 72.80.

III. Agreement State Compatibility

    This rulemaking will be a matter of compatibility between the NRC 
and the Agreement States, thereby providing consistency of State and 
Federal safety requirements. The NRC has determined that a Division 2 
level of compatibility should be assigned to the changes to 
Secs. 30.35, 40.36, and 61.31 because the records required by these 
sections are important to assure protection of public health and 
safety, and are important to ensure that facilities in Agreement States 
are effectively decommissioned. Under this level of compatibility the 
Agreement States will be expected to adopt recordkeeping requirements 
that are as stringent as NRC's, but they will be permitted flexibility 
in their requirements based on their radiation protection experience, 
professional judgments, and community values.
    Revisions to Secs. 30.51, 40.61, 70.51, and 72.80 that require 
records to be forwarded to the new licensee whenever a license is 
transferred or re-assigned will also be assigned a Division 2 level of 
compatibility for the reasons cited above. Other revisions to these 
sections addressing forwarding of records to the NRC prior to license 
termination will be assigned a Division 3 compatibility level. Under 
this level of compatibility the Agreement States will have the option 
to adopt similar requirements regarding final disposition of the 
records, but will not be required to adopt such requirements. While NRC 
believes retention of these records will aid in the resolution of 
potential safety concerns that may be identified after license 
termination, it also recognizes that an Agreement State without an 
equivalent requirement for record retention has the ability to resolve 
potential future safety concerns. This can be achieved by conducting 
radiological surveys at the formerly licensed site. Without the 
records, these surveys may need to be greater in number and may be more 
costly, but the absence of retained records will not preclude an 
Agreement State from adequately assessing future safety concerns.

IV. Environmental Impact: Categorical Exclusion

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

V. Paperwork Reduction Act Statement

    This final rule amends information collection requirements that are 
subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.). These requirements were approved by the Office of Management and 
Budget, approval number 3150-0014, -0017, -0020, -0009, -0132, and -
0135.
    The public reporting burden for this collection of information is 
estimated to average 5 hours per response, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments on any aspect of this 
collection of information, including suggestions for reducing burden, 
to the Information and Records Management Branch (T-6 F33), U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, or by 
Internet electronic mail at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="41030b1270010f13026f060e17">[email protected]</a>; and to the Desk Officer, 
Office of Information and Regulatory Affairs, NEOB-10202, (3150-0014, -
0017, -0020, -0009, -0132, and -0135), Office of Management and Budget, 
Washington, DC 20503.

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.

VI. Regulatory Analysis

    The NRC has prepared a regulatory analysis on this final rule. The 
analysis examines the costs and benefits of the alternatives considered 
by the NRC. The regulatory analysis is available for inspection at the 
NRC Public Document Room, 2120 L Street NW. (Lower Level),

[[Page 24673]]

Washington, DC. Single copies of the analysis may be obtained from Mary 
L. Thomas, Office of Nuclear Regulatory Research, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone: (301) 415-
6230; email: <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="99d4d5cda8d9d7cbdab7ded6cf">[email protected]</a>

VII. Regulatory Flexibility Certification

    In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 
605(b)), the Commission certifies that this final rule does not have a 
significant economic impact on a substantial number of small entities. 
The rulemaking imposes requirements on those licensees who are required 
to have decommissioning funding assurance and on licensees who are 
transferring their license to a new licensee. These changes require the 
transfer of records pertaining to decommissioning, and certain records 
of waste disposals and offsite releases, to the new licensee. In 
addition, the rule requires forwarding these records to the NRC at 
license termination. These records are already required to be 
maintained until the license is terminated by the Commission, and are 
needed to provide historical information of the impact of a previous 
licensee activities on the environment and decommissioning.

VIII. Small Business Regulatory Enforcement Fairness Act

    In accordance with the Small Business Regulatory Enforcement 
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 of OMB.

IX. Backfit Analysis

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

List of Subjects

10 CFR Part 20

    Byproduct material, Criminal penalties, Licensed material, Nuclear 
materials, Nuclear power plants and reactors, Occupational safety and 
health, Packaging and containers, Radiation protection, Reporting and 
recordkeeping requirements, Special nuclear material, Source material, 
Waste treatment and disposal.

10 CFR Part 30

    Byproduct material, Criminal penalties, Government contracts, 
Intergovernmental relations, Isotopes, Nuclear materials, Radiation 
protection, Reporting and recordkeeping requirements.

10 CFR Part 40

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

10 CFR Part 61

    Criminal penalties, Low-level waste, Nuclear materials, Reporting 
and recordkeeping requirements, Waste treatment and disposal.

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 72

    Manpower training programs, Nuclear materials, Occupational safety 
and health, Reporting and recordkeeping requirements, Security 
measures, Spent fuel.

    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 Parts 20, 30, 40, 61, 70, and 72.

PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION

    1. The authority citation for Part 20 continues to read as follows:

    Authority: Secs. 53, 63, 65, 81, 103, 104, 161, 182, 186, 68 
Stat. 930, 933, 935, 936, 937, 948, 953, 955, as amended, sec. 1701, 
106 Stat. 2951, 2952, 2953 (42 U.S.C. 2073, 2093, 2095, 2111, 2133, 
2134, 2201, 2232, 2236, 2297f), secs. 201, as amended 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

    2. In Sec. 20.2108, paragraph (b) is revised to read as follows:


Sec. 20.2108  Records of waste disposal.

* * * * *
    (b) The licensee shall retain the records required by paragraph (a) 
of this section until the Commission terminates each pertinent license 
requiring the record. Requirements for disposition of these records, 
prior to license termination, are located in Secs. 30.51, 40.61, 70.51, 
and 72.80 for activities licensed under these parts.

PART 30--RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF 
BYPRODUCT MATERIAL

    3. The authority citation for Part 30 continues to read as follows:

    Authority: Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948, 
953, 954, 955, as amended, sec. 234, 83 Stat 444, as amended (42 
U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201, as 
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 
5841, 5842, 5846).
    Section 30.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123, (42 
U.S.C. 5851). Section 30.34(b) also issued under sec. 184, 68 Stat. 
954, as amended (42 U.S.C. 2234). Section 30.61 also issued under 
sec. 187, 68 Stat. 955 (42 U.S.C. 2237).

    4. In Sec. 30.35, the introductory text of paragraph (g) is revised 
to read as follows:


Sec. 30.35  Financial assurance and recordkeeping for decommissioning.

* * * * *
    (g) Each person licensed under this part or parts 32 through 36 and 
39 of this chapter shall keep records of information important to the 
decommissioning of a facility in an identified location until the site 
is released for unrestricted use. Before licensed activities are 
transferred or assigned in accordance with Sec. 30.34(b), licensees 
shall transfer all records described in this paragraph to the new 
licensee. In this case, the new licensee will be responsible for 
maintaining these records until the license is terminated. If records 
important to the decommissioning of a facility are kept for other 
purposes, reference to these records and their locations may be used. 
Information the Commission considers important to decommissioning 
consists of--
* * * * *
    5. In Sec. 30.36, paragraph (k)(4) is added to read as follows:


Sec. 30.36  Expiration and termination of licenses and decommissioning 
of sites and separate buildings or outdoor areas.

* * * * *
    (k) * * *
    (4) Records required by Sec. 30.51 (d) and (f) have been received.
    6. In Sec. 30.51, paragraphs (d), (e), and (f) are added to read as 
follows:


Sec. 30.51  Records.

* * * * *

[[Page 24674]]

    (d) Prior to license termination, each licensee authorized to 
possess radioactive material with a half-life greater than 120 days, in 
an unsealed form, shall forward the following records to the 
appropriate NRC Regional Office:
    (1) Records of disposal of licensed material made under 
Secs. 20.2002 (including burials authorized before January 28, 1981 
<SUP>1), 20.2003, 20.2004, 20.2005; and
---------------------------------------------------------------------------

    \1\ A previous Sec. 20.304 permitted burial of small quantities 
of licensed materials in soil before January 28, 1981, without 
specific Commission authorization. See Sec. 20.304 contained in the 
10 CFR, parts 0 to 199, edition revised as of January 1, 1981.
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    (2) Records required by Sec. 20.2103(b)(4).
    (e) If licensed activities are transferred or assigned in 
accordance with Sec. 30.34(b), each licensee authorized to possess 
radioactive material, with a half-life greater than 120 days, in an 
unsealed form, shall transfer the following records to the new licensee 
and the new licensee will be responsible for maintaining these records 
until the license is terminated:
    (1) Records of disposal of licensed material made under 
Secs. 20.2002 (including burials authorized before January 28, 1981 
<SUP>1), 20.2003, 20.2004, 20.2005; and
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    \1\ A previous Sec. 20.304 permitted burial of small quantities 
of licensed materials in soil before January 28, 1981, without 
specific Commission authorization. See Sec. 20.304 contained in the 
10 CFR, parts 0 to 199, edition revised as of January 1, 1981.
---------------------------------------------------------------------------

    (2) Records required by Sec. 20.2103(b)(4).
    (f) Prior to license termination, each licensee shall forward the 
records required by Sec. 30.35(g) to the appropriate NRC Regional 
Office.

PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL

    7. The authority citation for Part 40 continues 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).
    Section 40.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123, (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).

    8. In Sec. 40.36, the introductory text of paragraph (f) is revised 
to read as follows:


Sec. 40.36  Financial assurance and recordkeeping for decommissioning.

* * * * *
    (f) Each person licensed under this part shall keep records of 
information important to the decommissioning of a facility in an 
identified location until the site is released for unrestricted use. 
Before licensed activities are transferred or assigned in accordance 
with Sec. 40.41(b) licensees shall transfer all records described in 
this paragraph to the new licensee. In this case, the new licensee will 
be responsible for maintaining these records until the license is 
terminated. If records important to the decommissioning of a facility 
are kept for other purposes, reference to these records and their 
locations may be used. Information the Commission considers important 
to decommissioning consists of--
* * * * *
    9. In Sec. 40.42, paragraph (k)(4) is added to read as follows:


Sec. 40.42  Expiration and termination of licenses and decommissioning 
of sites and separate buildings or outdoor areas.

* * * * *
    (k) * * *
    (4) Records required by Sec. 40.61(d) and (f) have been received.
* * * * *
    10. In Sec. 40.61, paragraphs (d), (e), and (f) are added to read 
as follows:


Sec. 40.61  Records.

* * * * *
    (d) Prior to license termination, each licensee authorized to 
possess source material, in an unsealed form, shall forward the 
following records to the appropriate NRC Regional Office:
    (1) Records of disposal of licensed material made under 
Sec. 20.2002 (including burials authorized before January 28, 1981 
<SUP>1), 20.2003, 20.2004, 20.2005; and
---------------------------------------------------------------------------

    \1\ A previous Sec. 20.304 permitted burial of small quantities 
of licensed materials in soil before January 28, 1981, without 
specific Commission authorization. See Sec. 20.304 contained in the 
10 CFR, parts 0 to 199, edition revised as of January 1, 1981.
---------------------------------------------------------------------------

    (2) Records required by Sec. 20.2103(b)(4).
    (e) If licensed activities are transferred or assigned in 
accordance with Sec. 40.41(b), each licensee authorized to possess 
source material, in an unsealed form, shall transfer the following 
records to the new licensee and the new licensee will be responsible 
for maintaining these records until the license is terminated:
    (1) Records of disposal of licensed material made under 
Sec. 20.2002 (including burials authorized before January 28, 1981 
<SUP>1), 20.2003, 20.2004, 20.2005; and
    (2) Records required by Sec. 20.2103(b)(4).
    (f) Prior to license termination, each licensee shall forward the 
records required by Sec. 40.36(f) to the appropriate NRC Regional 
Office.

PART 61--LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE 
WASTE

    11. The authority citation for Part 61 continues to read as 
follows:

    Authority: Secs. 53, 57, 62, 63, 65, 81, 161, 182, 183, 68 Stat. 
930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2073, 2077, 
2092, 2093, 2095, 2111, 2201, 2232, 2233); secs. 202, 206, 88 Stat. 
1244, 1246, (42 U.S.C. 5842, 5846); secs. 10 and 14, Pub. L. 95-601, 
92 Stat. 2951 (42 U.S.C. 2021a and 5851) and Pub. L. 102-486, sec. 
2902, 106 Stat. 3123, (42 U.S.C. 5851).

    12. In Sec. 61.30, paragraph (a)(3) is revised to read as follows:


Sec. 61.30  Transfer of license.

    (a) * * *
    (3) That any funds for care and records required by Secs. 61.80 (e) 
and (f) have been transferred to the disposal site owner;
    13. In Sec. 61.31, paragraph (c)(3) is added to read as follows:


Sec. 61.31  Termination of license.

* * * * *
    (c) * * *
    (3) That the records required by Secs. 61.80(e) and (f) have been 
sent to the party responsible for institutional control of the disposal 
site and a copy has been sent to the Commission immediately prior to 
license termination.

PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

    14. The authority citation for Part 70 continues 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 sec. 1701, 
106 Stat. 2951, 2952, 2953 (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).
    Sections 70.1(c) 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.

[[Page 24675]]

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).

    15. In Sec. 70.25, the introductory text of paragraph (g) is 
revised to read as follows:


Sec. 70.25  Financial assurance and recordkeeping for decommissioning.

* * * * *
    (g) Each person licensed under this part shall keep records of 
information important to the decommissioning of a facility in an 
identified location until the site is released for unrestricted use. If 
records important to the decommissioning of a facility are kept for 
other purposes, reference to these records and their locations may be 
used. Information the Commission considers important to decommissioning 
consists of--
* * * * *
    16. In Sec. 70.38, paragraph (k)(4) is added to read as follows:


Sec. 70.38  Expiration and termination of licenses and decommissioning 
of sites and separate buildings or outdoor areas.

* * * * *
    (k) * * *
    (4) Records required by Sec. 70.51(b)(6) have been received.
    17. In Sec. 70.51, footnotes 2 and 3 are re-designated as footnotes 
3 and 4, paragraph (b)(6) is revised, and a new paragraph (b)(7) is 
added to read as follows:


Sec. 70.51  Material balance, inventory, and records requirements.

* * * * *
    (b) * * *
    (6) Prior to license termination, licensees shall forward the 
following records to the appropriate NRC Regional Office:
    (i) Records of disposal of licensed material made under 
Sec. 20.2002 (including burials authorized before January 28, 1981 
<SUP>2), 20.2003, 20.2004, 20.2005;
---------------------------------------------------------------------------

    \2\ A previous Sec. 20.304 permitted burial of small quantities 
of licensed materials in soil before January 28, 1981, without 
specific Commission authorization. See Sec. 20.304 contained in the 
10 CFR, parts 0 to 199, edition revised as of January 1, 1981.
---------------------------------------------------------------------------

    (ii) Records required by Sec. 20.2103(b)(4); and
    (iii) Records required by Sec. 70.25(g).
    (7) If licensed activities are transferred or assigned in 
accordance with Sec. 70.32(a)(3), the licensee shall transfer the 
following records to the new licensee and the new licensee will be 
responsible for maintaining these records until the license is 
terminated:
    (i) Records of disposal of licensed material made under 
Sec. 20.2002 (including burials authorized before January 28, 1981 
\2\), 20.2003, 20.2004, 20.2005;
    (ii) Records required by Sec. 20.2103(b)(4); and
    (iii) Records required by Sec. 70.25(g).
* * * * *

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE

    18. The authority citation for Part 72 continues to read as 
follows:

    Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 
184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 
954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat. 
688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); 
Pub. L. 95-601, sec. 10, 92 Stat. 2951, 106 Stat. 3123 (42 U.S.C. 
5851); sec. 102 Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332); Secs. 
131, 132, 133, 135, 137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 
2232, 2241, sec. 148, Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 
10151, 10152, 10153, 10155, 10157, 10161, 10168).
    Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), 
Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 
10168(c), (d)). Section 72.46 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). Section 72.96(d) also issued under sec. 145(g), Pub. 
L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also 
issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-
425, 96 Stat. 2202, 2203, 2204, 2222, 2244, (42 U.S.C. 10101, 
10137(a), 10161(h)). Subparts K and L are also issued under sec. 
133, 98 Stat. 2230 (42 U.S.C. 10153) and Sec. 218(a), 96 Stat. 2252 
(42 U.S.C. 10198).

    19. In Sec. 72.30, the introductory text of paragraph (d) is 
revised to read as follows:


Sec. 72.30  Financial assurance and recordkeeping for decommissioning.

* * * * *
    (d) Each person licensed under this part shall keep records of 
information important to the decommissioning of a facility in an 
identified location until the site is released for unrestricted use. If 
records important to the decommissioning of a facility are kept for 
other purposes, reference to these records and their locations may be 
used. Information the Commission considers important to decommissioning 
consists of--
 * * * * *
    20. In Sec. 72.54, paragraph (m)(3) is added to read as follows:


Sec. 72.54  Expiration and termination of licenses and decommissioning 
of sites and separate buildings or outdoor areas.

* * * * *
    (m) * * *
    (3) Records required by Sec. 72.80(e) have been received.
    21. In Sec. 72.80, paragraphs (e) and (f) are added to read as 
follows:


Sec. 72.80  Other records and reports.

* * * * *
    (e) Prior to license termination, the licensee shall forward 
records required by Secs. 20.2103(b)(4) and 72.30(d) to the appropriate 
NRC Regional Office.
    (f) If licensed activities are transferred or assigned in 
accordance with Sec. 72.44(b)(1), the licensee shall transfer the 
records required by Secs. 20.2103(b)(4) and 72.30(d) to the new 
licensee and the new licensee will be responsible for maintaining these 
records until the license is terminated.

    Dated at Rockville, Maryland, this 1st day of February 1996.

    For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 96-12166 Filed 5-15-96; 8:45 am]
BILLING CODE 7590-01-P

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