One-Time Extension of Certain Byproduct, Source, and Special Nuclear Materials Licenses

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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 30, 40, and 70

RIN 3150-AF38

One-Time Extension of Certain Byproduct, Source, and Special

Nuclear Materials Licenses

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing, on a

one-time basis, a five-year extension of certain byproduct, source, and

special nuclear materials licenses. The provisions of the licenses

under extension would provide the same authorizations and limits on

licensee activities as they do now. The proposed rule specifies the

licenses whose expiration dates would not be extended. On a separate

but related matter, the Commission is considering the appropriate

duration of materials licenses and seeks comments on this topic.

DATES: Submit comments by October 10, 1995. Comments received after

this date will be considered if it is practical to do so, but the

Commission is able to assure consideration only for comments received

on or before this date.

ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory

Commission, Washington, DC 20555. ATTN: Docketing and Service Branch.

Hand deliver comments to: 11555 Rockville Pike, Rockville, MD, 20852,

between 7:45 am and 4:15 pm Federal workdays. Copies of comments

received may be examined at the NRC Public Document Room, 2120 L Street

NW. (Lower Level), Washington, DC. For information on submitting

comments electronically, see the discussion under Electronic Access in

the Supplementary Information Section.

FOR FURTHER INFORMATION CONTACT: John Pelchat, NRC, Region II, 101

Marietta Street, NW., suite 2900, Atlanta, GA 30323, telephone (404)

331-5083; or C.W. Nilsen, Office of Nuclear Regulatory Research, NRC,

Washington, DC 20555, telephone (301) 415-6209.

SUPPLEMENTARY INFORMATION:

Background

electronically, see the discussion under Electronic Access in

the Supplementary Information Section.

FOR FURTHER INFORMATION CONTACT: John Pelchat, NRC, Region II, 101

Marietta Street, NW., suite 2900, Atlanta, GA 30323, telephone (404)

331-5083; or C.W. Nilsen, Office of Nuclear Regulatory Research, NRC,

Washington, DC 20555, telephone (301) 415-6209.

SUPPLEMENTARY INFORMATION:

Background

The materials licensing (``licensing'') process sets out provisions

for licensing medical, academic, and industrial users of byproduct

materials as well as some small scope users of source and special

nuclear materials. This process does not apply to the licensing of

power and non-power reactors, uranium milling and processing

facilities, or fuel production facilities. Recent NRC internal reviews

and regulatory impact surveys of materials licensees (``licensees'')

have highlighted areas in which the current materials licensing process

can be improved. The NRC has completed the preliminary phases of an

effort to redesign this process. The goals of the licensing process

redesign project are (1) to maintain or raise the level of public

safety achieved by the current process; (2) to perform licensing

reviews and associated tasks an order of magnitude faster than the

current process; (3) to utilize modern information technology as a

fundamental part of the new process; and, (4) to reduce the resources

needed to carry out the licensing program to meet the projected 1998-

1999 staffing levels.

In order to make resources available to expedite the development,

design, and testing of the proposed new materials licensing process,

the Commission proposes to extend, by rulemaking, certain specific

materials licenses (``licenses'') by five years from the current

expiration dates shown on those licenses. Resources that would have

otherwise been used to renew these licenses would be devoted to the

redesign project

s available to expedite the development,

design, and testing of the proposed new materials licensing process,

the Commission proposes to extend, by rulemaking, certain specific

materials licenses (``licenses'') by five years from the current

expiration dates shown on those licenses. Resources that would have

otherwise been used to renew these licenses would be devoted to the

redesign project. The extension would be a one-time occurrence and the

Commission does not envision that any similar extensions would be

granted in any future rulemaking. The extended licenses are not

considered to be the equivalent of a renewed license because they would

provide the same authorizations and limits on licensee activities as

they do now. Accordingly, the extended licenses would not be based on

or reference pending renewal applications, including requests, if any,

in those renewal applications for NRC approval of changes in current

operations. The frequency at which the licensee is inspected would not

change. The Commission estimates that more than 80 percent of its 6,500

materials licenses would be extended by this proposed rulemaking.

The Commission believes that it may take this action because no

legislative mandate requires that materials licenses have a five-year

term. Many years ago, materials licenses were issued for two-year

periods. As the uses of radioactive materials became more stable and

predictable, the typical duration of licenses was changed to the

current five years. The Commission believes that certain specific

materials licenses may be extended once by rule for an additional five

years beyond their stated expiration date without the normal renewal

review and without adverse effect on public health and safety. The

Commission's belief is based upon three factors. First, certain

specific licenses for which the Commission believes that a renewal

review should not be delayed five years would not be affected by this

rule

may be extended once by rule for an additional five

years beyond their stated expiration date without the normal renewal

review and without adverse effect on public health and safety. The

Commission's belief is based upon three factors. First, certain

specific licenses for which the Commission believes that a renewal

review should not be delayed five years would not be affected by this

rule. Licenses that may present, in the Commission's view, a greater

potential risk from a health and safety standpoint would not be

extended by this rulemaking. These licenses are discussed in greater

detail below and these licenses would be renewed in accordance with

current schedules. Second, the extended licenses would not change the

authorized activities or the regulatory requirements with which the

licensees must comply. Third, the NRC will continue to inspect licenses

that would be extended by this proposed rule. Significant inspection

findings would be resolved through the issuance of Notices of

Violations that require written responses describing corrective actions

or Orders that would modify, suspend, or revoke the license.

Accordingly, the Commission believes that there would be reasonable

assurance of public health and safety under this rule.

The Commission believes that certain licenses, specified below,

should be subject to the health and safety review currently required as

part of the 5-year renewal review. These licenses would not have their

license terms extended by

dify, suspend, or revoke the license.

Accordingly, the Commission believes that there would be reasonable

assurance of public health and safety under this rule.

The Commission believes that certain licenses, specified below,

should be subject to the health and safety review currently required as

part of the 5-year renewal review. These licenses would not have their

license terms extended by

this proposed rule. The criteria listed below would be applied as of

the effective date of the final rule so as to assure that any

extensions are based on the most current information available.

Any specific license that, on the effective date of the

final rule, must have prepared an evaluation or an emergency plan for

responding to the release of radioactive materials as required by 10

CFR 30.32(i), 40.31(j), or 70.22(i). The Commission believes that these

licenses authorize activities that may pose a significant potential for

release of radioactive materials and may result in potential exposure

to the public and contamination of the environment. Therefore, renewals

of these licenses should continue to be reviewed under existing

procedures.

Any specific licenses whose holders are subject to the

financial assurance requirements specified in 10 CFR 30.35, 40.36, or

70.25; and on the effective date of the final rule the holders either

(a) have not submitted a decommissioning funding plan or certification

of financial assurance for decommissioning, or (b) have not received

written notice that the decommissioning funding plan or certification

of financial assurance for decommissioning is acceptable. These

licenses authorize possession of quantities and forms of licensed

materials that pose a potential need for extensive decontamination

before termination of the license and release of decommissioned

facilities

urance for decommissioning, or (b) have not received

written notice that the decommissioning funding plan or certification

of financial assurance for decommissioning is acceptable. These

licenses authorize possession of quantities and forms of licensed

materials that pose a potential need for extensive decontamination

before termination of the license and release of decommissioned

facilities. The Commission believes that renewals of these licenses

should continue to be reviewed under existing procedures to ensure that

the process of obtaining sufficient funding continues so that

appropriate resources are available to support decommissioning

activity.

Any license, as of the effective date of the final rule,

that is on the Site Decommissioning Management Plan (SDMP) list.

Generally, licenses on the SDMP list are no longer actively using

licensed materials. The Commission believes that these licenses should

continue to be reviewed under existing procedures to ensure proper

evaluation of site remediation activities at facilities where the

licensee's radiation safety program may be inactive or scaled back.

Any specific license whose issuance, amendment, or

renewal, as of the effective date of the final rule, is not a

categorical exclusion under 10 CFR 51.22(c)(14) and therefore needs an

environmental assessment or environmental impact statement pursuant to

Subpart A of Part 51 of this chapter. The Commission believes that

these licenses authorize activities that may have a potential for

impacting the environment. Therefore, renewals of these licenses should

continue to be reviewed under existing procedures.

Any specific license issued pursuant to 10 CFR Part 70 for

which, as of the effective date of the final rule, the license holder

is authorized to possess sufficient quantities of special nuclear

material to be subject to the criticality accident requirements of 10

CFR 70.24

acting the environment. Therefore, renewals of these licenses should

continue to be reviewed under existing procedures.

Any specific license issued pursuant to 10 CFR Part 70 for

which, as of the effective date of the final rule, the license holder

is authorized to possess sufficient quantities of special nuclear

material to be subject to the criticality accident requirements of 10

CFR 70.24. The Commission believes that renewals of these licenses

should continue to be reviewed under existing procedures to ensure the

adequacy of the licensees' important criticality safety procedures.

Specific licenses whose holders have not had at least one

prior NRC inspection of licensed activities as of the effective date of

the final rule. The Commission believes that it is inappropriate to

extend these licenses when it has not verified the effectiveness of the

licensees' radiation safety programs by inspection. This verification

is part of the safety basis upon which the NRC is relying. NRC

inspection procedures require that all new licensees be inspected

within six months of the issue date of their license. A few new

licenses that might otherwise be extended may not be extended because

they have not been inspected. Because the NRC is continually issuing

new licenses, it is not practical to immediately inspect all new

licensees to determine whether they satisfy the other criteria for the

extension of their license expiration dates.

Specific licenses whose holders, as the result of the most

recent NRC inspection of licensed activities conducted before the

effective date of the final rule, have either been (a) cited for a

Severity Level I, II, or III violation in a Notice of Violation, (b)

subject to an Order issued by the NRC, or (c) subject to a Confirmatory

Action Letter issued by the NRC. The NRC has identified significant

safety or other regulatory issues in these programs as a result of

their most recent NRC inspection

nducted before the

effective date of the final rule, have either been (a) cited for a

Severity Level I, II, or III violation in a Notice of Violation, (b)

subject to an Order issued by the NRC, or (c) subject to a Confirmatory

Action Letter issued by the NRC. The NRC has identified significant

safety or other regulatory issues in these programs as a result of

their most recent NRC inspection. The Commission believes that

applications for renewal of these licenses should continue to be

reviewed under existing procedures.

Apart from these licenses that the Commission has determined may

pose a relatively greater risk to public health and safety, the

Commission recognizes that there is another set of licenses that will

not be extended by this rule. This set includes those licenses with

expiration dates before July 1, 1995, whose holders have submitted

applications for renewal pursuant to the renewal provisions specified

in 10 CFR parts 30, 40, or 70. The Commission intends to continue to

review the submissions of these licensees who have already submitted

applications and fees for the renewal of their licenses and are deemed

as being in timely renewal. Renewal requests will be granted as the NRC

completes its review of those applications that satisfy the

requirements specified in the regulations.

The proposed rule will extend the expiration date of those licenses

with expiration dates after July 1, 1995, that are in a timely renewal

status. As specified in the proposed rule, NRC will consider that these

licensees have withdrawn their requests for renewal. Renewal fees paid

by these licensees will be refunded.

The July 1, 1995, expiration date was chosen based on resource

considerations. The NRC staff has begun the review of many applications

for renewal of licenses with expiration dates before July 1, 1995, and

it is not appropriate to waste the resources already expended in that

effort

licensees have withdrawn their requests for renewal. Renewal fees paid

by these licensees will be refunded.

The July 1, 1995, expiration date was chosen based on resource

considerations. The NRC staff has begun the review of many applications

for renewal of licenses with expiration dates before July 1, 1995, and

it is not appropriate to waste the resources already expended in that

effort. On the other hand, most of the applications for renewal of

licenses with expiration dates after July 1,1995, have been received

only recently, their review has not begun, and resources will be

conserved by extending those licenses.

The Commission recognizes that an entity may hold more than one

materials license issued under one or more parts of Title 10 of the

Code of Federal Regulations. It is the Commission's intent that each

license be considered separately in determining whether its expiration

date should be extended under this rule. For example, assume that an

entity holds two licenses, A and B, and License A is of the type listed

in paragraph (a)(3) of Secs. 30.36, 40.42, and 70.38 of this proposed

rule, but License B is not. In this situation, the expiration date of

License A would not be affected by the rule, but the expiration date of

License B would be extended by a period of five years from the

expiration date stated in the license.

The selective extension of byproduct, source, and special nuclear

materials licenses would result in the freeing of Commission resources

that would otherwise be used in the review of these renewal

applications. These resources will then be redirected, in part, into

the detailed design and testing of the proposed new materials licensing

process.

Nothing in this rule relieves licensees from the requirements to

file for appropriate amendments to their licenses, when changes in

licensed activities occur.

If a licensee should elect not to take full advantage of the

license extension, the licensee may request termination of

hen be redirected, in part, into

the detailed design and testing of the proposed new materials licensing

process.

Nothing in this rule relieves licensees from the requirements to

file for appropriate amendments to their licenses, when changes in

licensed activities occur.

If a licensee should elect not to take full advantage of the

license extension, the licensee may request termination of

its license in accordance with the applicable requirements of 10 CFR

parts 30, 40, or 70.

The Commission seeks comments on the issue of license duration. In

conjunction with the licensing process redesign effort, the Commission

also intends to consider the appropriate duration of materials

licenses, including whether the duration should differ depending on the

nature of the activities permitted under the license. The Commission is

aware that for some types of licensed activities the industry has

matured and it may be appropriate to consider issuing licenses for

longer times, perhaps 10-20 years. The Commission is also aware that

some Agreement States routinely issue licenses for periods longer than

5 years. The Commission seeks comments at this time on the general

topic of the appropriate duration of licenses. If the Commission

ultimately revises its policy on materials license duration, licensees

with pending renewal applications that fulfill all regulatory

requirements would be granted licenses consistent with the Commission's

resolution of the license duration issue.

Agreement State Compatibility

Commission seeks comments at this time on the general

topic of the appropriate duration of licenses. If the Commission

ultimately revises its policy on materials license duration, licensees

with pending renewal applications that fulfill all regulatory

requirements would be granted licenses consistent with the Commission's

resolution of the license duration issue.

Agreement State Compatibility

The Commission has determined that the amended provisions of 10 CFR

parts 30, 40, and 70 are not matters of compatibility for evaluating

the regulations of States that have entered into agreements (Agreement

States) with the Commission pursuant to Section 274.b of the Atomic

Energy Act, as amended. Therefore, the States are not required to amend

their regulations or licensing practices as a result of this

rulemaking. However, the Commission is interested in receiving comments

from the Agreement States on the regulatory implications of this

proposed rule.

Electronic Access

Comments may be submitted through the Internet by addressing

electronic mail to INTERNET:[email protected]. Comments may also be

submitted electronically, in either ASCII text or WordPerfect format

(version 5.1 or later), by calling the NRC Electronic Rulemaking

Bulletin Board (BBS) on FEDWORLD.

The BBS is an electronic information system operated by the

National Technical Information Service of the Department of Commerce.

The purpose of this bulletin board BBS is to facilitate public

participation in the NRC regulatory process, particularly rulemakings.

With publication of this notice, proposed rulemakings and appropriate

supporting documents will be available for review and comment on the

BBS. These same documents are also available for review and comment at

the NRC's Public Document Room, 2120 L Street NW. (Lower Level),

Washington, DC. The BBS may be accessed using a personal computer, a

modem, and one of the commonly available communications software

packages, or directly via Internet

ings and appropriate

supporting documents will be available for review and comment on the

BBS. These same documents are also available for review and comment at

the NRC's Public Document Room, 2120 L Street NW. (Lower Level),

Washington, DC. The BBS may be accessed using a personal computer, a

modem, and one of the commonly available communications software

packages, or directly via Internet.

The NRC rulemaking bulletin board (rulemaking subsystem) on

FEDWORLD can be accessed directly by using a personal computer and

modem, dialing the toll free number 1-800-303-9672. 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.'' For

further information about options available for NRC at FEDWORLD consult

the ``Help/Information Center'' from the ``NRC Main Menu.'' Users will

find the ``FEDWORLD Online User's Guides'' particularly helpful. Many

NRC subsystems and databases also have a ``Help/Information Center''

option that is tailored to the particular subsystem.

The NRC subsystem on FEDWORLD also can be accessed by a direct dial

phone number for the main FEDWORLD BBS at 703-321-3339, or by using

Telnet via Internet: fedworld.gov. Using the 703 number 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 the 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

t that

point, a menu will be displayed that has the 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. If you contact FEDWORLD using File Transfer

Program (FTP), all files can be accessed and downloaded, but uploads

are not allowed, and 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 can be accessed through the World Wide Web as

well, like FTP, that mode only provides access for downloading files

and does not display the NRC ``Rules Menu.''

For more information on NRC bulletin boards call Mr. Arthur Davis,

Systems Integration and Development Branch, U.S. Nuclear Regulatory

Commission, Washington, DC 20555, telephone (301) 415-5780; e-mail

AXD[email protected].

Environmental Impact: Categorical Exclusion

The NRC has determined that these regulations are the type of

actions described in categorical exclusion 10 CFR 51.22(c)(3).

Therefore, neither an environmental impact statement nor an

environmental assessment has been prepared for this regulation.

Paperwork Reduction Act

ashington, DC 20555, telephone (301) 415-5780; e-mail

AXD[email protected].

Environmental Impact: Categorical Exclusion

The NRC has determined that these regulations are the type of

actions described in categorical exclusion 10 CFR 51.22(c)(3).

Therefore, neither an environmental impact statement nor an

environmental assessment has been prepared for this regulation.

Paperwork Reduction Act

This proposed rule does not contain a new or amended information

collection requirement subject to the Paperwork Reduction Act of 1980

(44 U.S.C. 3501 et seq.). Existing requirements were approved by the

Office of Management and Budget approval number 3150-0009 (Part 70) and

3150-0120 (Parts 30 and 40).

Regulatory Analysis

A regulatory analysis has not been prepared for this rule because

it is not expected to have any adverse impact on licensees subject to

the proposed rule. These licensees will be postponing, for five years,

submission of license renewal applications and the associated fees.

Regulatory Flexibility Analysis

The NRC is seeking public comments on the potential impact of the

proposed rule on small entities. The NRC particularly desires comments

from small entities (i.e., small businesses, small organizations, and

small jurisdictions under the Regulatory Flexibility Act) as to how the

regulations will affect them and how the regulations may be tiered or

otherwise modified to impose less stringent requirements on small

entities while still adequately protecting the public health and

safety. Those small entities that offer comments on how the regulations

could be modified to take into account the differing needs of small

entities should specifically discuss the following:

(a) The size of their business and how the proposed regulations

would result in a significant economic burden upon them as compared to

larger organizations in the same business community.

(b) How the proposed regulations could be modified to take into

account their needs or capabilities.

ed to take into account the differing needs of small

entities should specifically discuss the following:

(a) The size of their business and how the proposed regulations

would result in a significant economic burden upon them as compared to

larger organizations in the same business community.

(b) How the proposed regulations could be modified to take into

account their needs or capabilities.

avoided, if the proposed regulations were modified as suggested by the

commenter.

(d) How the proposed regulations, as modified, would more closely

equalize the impact of NRC regulations or create more equal access to

the benefits of Federal programs as opposed to providing special

advantages to individuals or groups; and

(e) How the proposed regulations, as modified, would still

adequately protect the public health and safety.

Backfit Analysis

The NRC has determined that the backfit rule, 10 CFR 50.109, does

not apply to this proposed rule and, therefore, that a backfit analysis

is not required for this proposed 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 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 70

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 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.

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 Nuclear

Regulatory Commission is proposing to adopt the following amendments to

10 CFR Parts 30, 40, and 70.

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

BYPRODUCT MATERIAL

1. 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).

2. In Sec. 30.36, paragraph (a) is revised to read as follows:

Sec. 30.36 Expiration and termination of licenses and decommissioning

of sites and separate buildings or outdoor areas.

-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).

2. In Sec. 30.36, paragraph (a) is revised to read as follows:

Sec. 30.36 Expiration and termination of licenses and decommissioning

of sites and separate buildings or outdoor areas.

(a)(1) Except as provided in paragraph (a)(2) of this section, each

specific license expires at the end of the day on the expiration date

stated in the license unless the licensee has filed an application for

renewal under Sec. 30.37 not less than 30 days before the expiration

date stated in the existing license (or, for those licenses subject to

paragraph (a)(2) of this section, 30 days before the deemed expiration

date in that paragraph). If an application for renewal has been filed

at least 30 days prior to the expiration date stated in the existing

license (or, for those licenses subject to paragraph (a)(2) of this

section, 30 days before the deemed expiration date in that paragraph),

the existing license expires at the end of the day on which the

Commission makes a final determination to deny the renewal application

or, if the determination states an expiration date, the expiration date

stated in the determination.

(2) Each specific license which has an expiration date after July

1, 1995, and is not one of the licenses described in paragraph (a)(3)

of this section, shall be deemed to have an expiration date which is 5

years after the expiration date stated in the current license.

(3) The following specific licenses are not subject to, or

otherwise affected by, the provisions of paragraph (a)(2) of this

section:

specific license which has an expiration date after July

1, 1995, and is not one of the licenses described in paragraph (a)(3)

of this section, shall be deemed to have an expiration date which is 5

years after the expiration date stated in the current license.

(3) The following specific licenses are not subject to, or

otherwise affected by, the provisions of paragraph (a)(2) of this

section:

(i) Specific licenses for which, on the [effective date of the

final rule], an evaluation or an emergency plan is required in

accordance with Sec. 30.32(i);

(ii) Specific licenses whose holders are subject to the financial

assurance requirements specified in Sec. 30.35, and on the [effective

date of the final rule], the holders either:

(A) Have not submitted a decommissioning funding plan or

certification of financial assurance for decommissioning; or

(B) Have not received written notice that the decommissioning

funding plan or certification of financial assurance for

decommissioning is acceptable;

(iii) Specific licenses whose holders are listed in the Site

Decommissioning Management Plan List [which will be available by the

effective date of the final rule].

(iv) Specific licenses whose issuance, amendment, or renewal, as of

the effective date of the final rule, is not a categorical exclusion

under 10 CFR 51.22(c)(14) and, therefore, need an environmental

assessment or environmental impact statement pursuant to subpart A of

part 51 of this chapter;

fees paid by the licensee for that application

will be refunded.

PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL

4. 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).

5. In Sec. 40.42, paragraph (a) is revised to read as follows:

Sec. 40.42 Expiration and termination of licenses and decommissioning

of sites and separate buildings or outdoor areas.

(a)(1) Except as provided in paragraph (a)(2) of this section, each

specific license expires at the end of the day on the expiration date

stated in the license unless the licensee has filed an application for

renewal under Sec. 40.43 not less than 30 days before the expiration

date stated in the existing license (or, for those licenses subject to

paragraph (a)(2) of this section, 30 days before the deemed expiration

date in that paragraph)

this section, each