Page images
PDF
EPUB

7438

Federal Register Vol 52 No. 47 / Wednesday, March 11, 1987/ Proposed Rules.

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

1. The authority citation for Part 30 is revised 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, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

Section 30.7 also issued under Pub. L. 95601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section 30.34(b) also issued under sec. 184, 68Stat. 954, as amended (442 U.S.C. 2234). Section 30.61 also issued under Sec. 187, 68 Stat. 955 (42 U.S.C. 2237).

For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); §§ 30.3 30.34 (b) and (c), 30.41(a) and (c), and 30.53 are issued under sec. 161b., 68 Stat. 948 as amended (42) U.S.C. 2201(b)); and §§30.6, 30.9, 30.36, 30.51, 30.52, 30.55 and 30.56 (b) and (c) are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(0)).

2. Immediately following § 30.8, a new. §30.9 is added under the undesignated center heading "General Provisions" to read as follows:

§30.9. Completeness and accuracy of Information.

(a) Information provided to the Commission by an applicant for a license or by a licensee or information required by statute or by the

Commission's regulations, orders, or license conditions to be maintained by the applicant or the licensee shall be.. complete and accurate in all material respects.

(b) Each applicant or licensee shall notify the Commission of information identified by the applicant or licensee as having for the regulated activity a significant implication for public health and safety or common defense and security. An applicant or licensee violates this paragraph only if the applicant or licensee fails to notify the Commission of information that the applicant or licensee has identified as having a significant implication for public health and safety or common defense and security. Notification shall be provided to the Administrator of the appropriate Regional Office within two working days of identifying the information. This requirement is not applicable to information which is already required to be provided to the Commission by other reporting or updating requirements.

PART 40-DOMESTIC LICENSING OF SOURCE MATERIAL

3. The authority citation for Part 40 is revised to read as follows:

Authority: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 188, 68 Stat. 932, 933, 935, 948, 953, 955, as amended, secs. 11(e)(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, 2236, 2282); sec. 274, Pub. L. 86-373, 735 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. 95601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section 40.31(g) is also issued under sec. 122,3 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).

For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273), §§ 40.3, 40.25(d) (1) through (3), 40.35(a) through (d), 40.41 (b) and (c), 40.46, 40.51 (a) and (c), and 40.63 are issued under sec. 161b, 68 Stat. 948 as amended, (42 U.S.C. 2201(b)); and §§ 40.5 40.9 40.25 (c), (d) (3), and (4), 40.26(c)(2), 40.35(e), 40.42, 40.61, 40.62, 40.64 and 40.65 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(0)).

4. Immediately following §40.8, a new $40.9 is added under the undesignated center heading "General Provisions" to read as follows:

840.9 Completeness and accuracy of Information.

(a) Information provided to the Commission by an applicant for a license or by a licensee or information required by statute or by the

Commission's regulations, orders, or license conditions to be maintained by the applicant or the licensee shall be complete and accurate in all material respects.

(b) Each applicant or licensee shall notify the Commission of information identified by the applicant or licensee as having for the regulated activity a significant implication for public health and safety or common defense and security. An applicant or licensee violates this paragraph only if the applicant or licensee fails to notify the Commission of information that the applicant or licensee has identified as having a significant implication for public health and safety or common defense and security. Notification shall be provided to the Administrator of the appropriate Regional Office within two working days of identifying the information. This requirement is not applicable to information which is already required to be provided to the Commission by other reporting or updating requirements.

PART 50-DOMESTIC LICENSING OF
PRODUCTION AND UTILIZATION
FACILITIES

5. The authority citation for Part 50 is, revised to read as follows:

Authority: Secs. 103, 104, 161, 182, 183, 186, 189, 68 Stat. 936, 937, 948, 953, 954, 955, 956, as á amended, sec. 234, 83 Stat. 1244, as amended (42 U.S.C. 2133, 2134, 2201, 2232, 2233, 2236, 2239, 2282); secs. 201, 202, 206, 88 Stat. 1242, 1244, 1246, as amended (42 U.S.C. 5841, 5842, 5846), unless otherwise noted.

Section 50.7 also issued under Pub. L. 95601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Sections 50.58, 50.91 and 50.92 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Sections 50.80 through 50.81 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Sections 50.100 through 50.102 also issued under sec. 186, 68 Stat. 955 (42 U.S.C. 2236).

For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); §§ 50.10 (a), (b), and (c), 50.44, 50.46, 50.48, 50.54, and 50.80(a) are issued under sec. 161b, 68 Stat. 948, asamended (42 U.S.C. 2201(b)); §§ 50.10 (b) and (c) under 50.54 are issued under sec. 161i, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and $50.9, 50.55(e), 50.59(b), 50.70, 50.71, 50.72,-. 50.73, and 50.78 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(0)).

6. Immediately following § 50.8, a new § 50.9 is added under the undesignated center heading "General Provisions" to read as follows: "

§ 50.9 Completeness and accuracy of Information.

(a) Information provided to the Commission by an applicant for a license or by a licensee or information required by statute or by the

Commission's regulations, orders, or license condition to be maintained by the applicant or the licensee shall be complete and accurate in all material respects.

(b) Each applicant or licensee shall notify the Commission of information identified by the applicant or licensee as ⚫ having for the regulated activity a significant implication for public health and safety or common defense and security. An applicant or licensee violates this paragraph only if the applicant or licensee fails to notify the Commission of information that the applicant or licensee has identified as having a significant implication for public health and safety or common defense and security. Notification shall be provided to the Administrator of the appropriate Regional Office within two working days of identifying the information. This requirement is not applicable to information which is already required to be provided to the

Federal Register / Vol 52 No. 47 / Wednesday, March 11, 1987 / Proposed Rules

Commission by other reporting or updating requirements.

PART 55-OPERATORS' LICENSES

7. The authority citation for Part 55 is revised to read as follows:

Authority: Secs. 107, 161, 68 Stat. 939, 948, as amended (42 U.S.C. 3137, 2201); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842).

Section 55.40 also issued under secs. 188, 187, 68 Stat. 955 (42 U.S.C. 2236, 2237).

For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273), §§ 55.3 and 55.31 (a) through (d) are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and $$ 55,6b, 55.9 and 55.41 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(0)).

8. Immediately following § 55.6a, a new § 55.6b is added under the undesignated center heading "General Provisions" to read as follows:

$55.6b Completeness and accuracy of Information.

(a) Information provided to the Commission by an applicant for a license or by a licensee or information required by statute or by the

Commission's regulations, orders, or license conditions to be maintained by the applicant or the licensee shall be complete and accurate in all material respects.

(b) Each applicant or licensee shall notify the Commission of information identified by the applicant or licensee as having for the regulated activity a significant implication for public health and safety or common defense and security. An applicant or licensee violates this paragraph only if the applicant or licensee fails to notify the Commission of information that the applicant or licensee has identified as having a significant implication for public health and safety or common defense and security. Notification shall be provided to the Administrator of the appropriate Regional Office within two working days of identifying the information. This requirement is not applicable to information which is already required to be provided to the Commission by other reporting or updating requirements.

PART 60-DISPOSAL OF HIGH LEVEL
RADIOACTIVE WASTES IN GEOLOGIC
REPOSITORIES

9. The authority citation for Part 60 is revised to read as follows:

Authority: Secs. 51, 53, 62, 63, 85, 81, 181, 182, 183, 68 Stat. 929, 930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2071, 2073, 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.

Information.

7439

2951 (42 U.S.C. 2021a and 5851); sec. 102, Pub. 261.8m Completeness and accuracy of
L91-190, 83 Stat. 853 (42 U.S.Č. 4332); sec::
121, Pub. L. 97-425, 96 Stat. 2228 (42 U.S.C.
10141).

For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273). §§ 60.88, 60.71 to 60.75 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(0)).

10. Immediately following § 60.8, a
new § 60.8a is added to Subpart A to
read as follows:

$60.8a Completeness and accuracy of
Information.

*** (a) Information provided to the
Commission by an applicant for a
license or by a licensee or information
required by statute or by the
Commission's regulations, orders, or
license conditions to be maintained by
the applicant or the licensee shall be
complete and accurate in all material
respects.

(b) Each applicant or licensee shall
notify the Commission of information
identified by the applicant or licensee as
having for the regulated activity a
significant implication for public health
and safety or common defense and
security. An applicant or licensee
violates this paragraph only if the
applicant or licensee fails to notify the
Commission of information that the
applicant or licensee has identified as
having a significant implication for
public health and safety or common
defense and security. Notification shall
be provided to the Administrator of the
appropriate Regional Office within two
working days of identifying the
information. This requirement is not
applicable to information which is
already required to be provided to the
Commission by other reporting or
updating requirements.

PART 61-LICENSING

REQUIREMENTS FOR LAND
DISPOSAL OF RADIOACTIVE WASTE

11. The authority citation for Part 61 is
revised 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.Č. 5842, 5846);
secs. 10 and 14, Pub. L. 95-801, 92 Stat. 2951
(42 U.S.C. 2021a and 5821).

For the purposes of sec. 223, 68 Stat. 958, as
amended, (42 U.S.C. 2273); Tables 1 and 2,
§§ 61.3, 61.24, 61.25, 61.27(a), 61.41 through
61.43, 61.52, 61.53, 61.55, 61.56, and 61.61
through 61.63 are issued under sec. 161b, 88
Stat. 948, as amended (42 U.S.C. 2201(b));
§§ 61.8a, 61.10 through 61.186, 61.24, and 61.80.
are issued under sec. 1610, 68 Stat. 950, as
amended (42 U.S.C. 2201(0)).

12. Immediately following § 61.8, a
new § 61.8a is added to Subpart A to
read as follows:

[ocr errors]

(a) Information provided to the Commission by an applicant for a license or by a licensee or information required by statute or by the Commission's regulations, orders, or license conditions to be maintained by the applicant or the licensee shall be complete and accurate in all material respects.

(b) Each applicant or licensee shall notify the Commission of information identified by the applicant or licensee as having for the regulated activity a significant implication for public health and safety or common defense and security. An applicant or licensee violates this paragraph only if the applicant or licensee fails to notify the Commission of information that the applicant or licensee has identified as having a significant implication for public health and safety or common defense and security. Notification shall be provided to the Administrator of the appropriate Regional Office within two working days of identifying the information. This requirement is not applicable to information which is already required to be provided to the Commission by other reporting or updating requirements.

PART 70-DOMESTIC LICENSING OR
SPECIAL NUCLEAR MATERIAL

113. The authority citation for Part 70 is revised to read as follows:

Authority: Secs. 51, 53 161, 182, 183, 68 Stat. 929, 930, 948, 953, 954, as amended sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2201, 2232, 2282); secs. 201, as amended, 202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246, (42 U.S.C. 5841, 5842, 5845, 5846). Section 70.7 also issued under Pub. L. 95601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section 70.21(g) also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 57d, Pub. L. 93-377, 88 Stat. 475 (42 U.S.C. 2077). Section 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. 188, 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).

For the purposes of sec. 223, 68 Stat. 958, as amended, (42 U.S.C. 2273); §§ 70.3, 70.19(c). 70.21(c), 70.22(a), (b), (d) through (k), 70.24(a) and (b), 70.32(a)(3), (5), (6), (d), and (i), 70.36, 70.39(b) and (c), 7041(a), 70.42(a) and (c). 70.56, 70.57(b), (c), and (d), 70.58(a) through (g)(3) and (h) through (j) are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b): § 70.7, 70.20a (a) and(d), 70.20b (c) and (e), 70.21(c), 70.24(b), 70.32(a)(6), (c), (d), (e), and (g), 70.36, 70.51(c) through (g), 70.56, 70.57(b) and (d), and 70.58(a) through (g)(3) and (h) through (1) are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(1));

740

Federal Register / Vol. 52, No. 47 / Wednesday, March 11, 1997 / Proposed Rules

ind §§ 70.5, 70.9, 70.20b(d) and (e), 70.38, 70.51(b) and (i), 70.52, 70.53, 70.54, 70.55, 70.58(g)(4). (k), and (1), 70.59 and 70.60(b) and (c) are issued under sec. 1810, 68 Stat. 950, as amended (42 U.S.C. 2201(0)).

14. Immediately following § 70.8, a new 70.9 is added under the undesignated center heading "General provisions" to read as follows:

§70.9 Completeness and accuracy of Information.

(a) Information provided to the Commission by an applicant for a license or by a licensee or information required by statute or by the

Commission's regulations, orders, or license conditions to be maintained by the applicant or the licensee shall be complete and accurate in all material respects.

(b) Each applicant or licensee shall notify the Commission of information identified by the applicant or licensee as having for the regulated activity a significant implication for public health and safety or common defense and security. An applicant or licensee violates this paragraph only if the applicant or licensee fails to notify the Commission of information that the pplicant or licensee has identified as .aving a significant implication for public health and safety or common defense and security. Notification shall be provided to the Administrator of the appropriate Regional Office within two working days of identifying the information. This requirement is not applicable to information which is already required to be provided to the Commission by other reporting or updating requirements.

FART 71-PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL

15. The authority citation for Part 71 is revised to read as follows:

Authority: Secs. 53, 57, 62, 63, 81, 161, 182, 68 Stat. 930. 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2073, 2077, 2092, 2093, 2111, 2201, 2232, 2233); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended. 1244, 1246, (42 U.S.C. 5841, 5842, and 5846).

Section 71.97 also issued under sec. 301, Pub. L. 96-295, 94 Stat. 789-790.

For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); §§ 71.3, 71.43. 71.45, 71.55, 71.63 (a) and (b), 71.83, 71.85, 71.87, 71.89, and 71.97 are issued under sec. 161b. 68 Stat. 948, as amended (42 U.S.C. 2201(b)); and §§ 71.5(b). 71.8a. 71.91, 71.93. 71.95, and 71.101(a) are issued under sec. 10. 68 Stat. 950, as amended (42 U.S.C. 201(0)).

16. Immediately following § 71.6, a new § 71.6a is added to subpart A to read as follows:

§ 71.68 Completeness and accuracy of Information.

(a) Information provided to the Commission by an applicant for a license or by a licensee or information required by statute or by the Commission's regulations, orders, or license conditions to be maintained by the applicant or the licensee shall be complete and accurate in all material respects.

(b) Each applicant or licensee shall notify the Commission of information identified by the applicant or licensee as having for the regulated activity a significant implication for public health and safety or common defense and security. An applicant or licensee violates this paragraph only if the applicant or licensee fails to notify the Commission of information that the applicant or licensee has identified as having a significant implication for public health and safety or common defense and security. Notification shall be provided to the Administrator of the appropriate Regional Office within two working days of identifying the information. This requirement is not applicable to information which is already required to be provided to the Commission by other reporting or updating requirements.

PART 72-LICENSING

REQUIREMENTS FOR THE STORAGE OF SPENT FUEL IN AN INDEPENDENT SPENT FUEL STORAGE INSTALLATION (ISFSI)

17. The authority citation for Part 72 is revised to read as follows:

Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 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, 2882); sec. 274, Pub. L. 88-273, 73 Stat. 688, as amended (42 U.S.C. 2021); secs. 201, 202, 206, 86 Stat. 1242, 1244, 1246, as amended (42 U.S.C. 5841, 5842, 5846); Pub. L. 95-601, sec. 10.92 Stat. 2951 (42 U.S.C. 5851); sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Section 72.34 also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97425, 96 Stat. 2330 (42 U.S.C. 10154).

For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273): Sections 72.6, 72.14, 72.15, 72.17(d), 72.19, 72.33(b) (1), (4), (5), (e), (f). 72.36(a) are issued under sec. 181b. 68 Stat. 948, as amended (42 U.S.C. 2201(b)); §§ 72.10, 72.15, 72.17(d), 72.33 (c), (d) (1). (2). (e), 72.81, 72.83, 72.84(a), 72.91 are issued under sec. 161i, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and §§ 72.9a, 72.33 (b)(3). (d)(3), (f), 72.35(b), 72.50-72.52, 72.53(a). 72.54(a), 72.55, 72.56, 72.80(c), 72.84(b) are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(0)).

18. Immediately following § 72.9, a new § 72.9 is added to Subpart A to read. as follows:

$72.9a Completeness and accuracy of Information.

(a) Information provided to the Commission by an applicant for a license or by a licensee or information required by statute or by the Commission's regulations, orders, or license conditions to be maintained by the applicant or the licensee shall be complete and accurate in all material respects.

(b) Each applicant or licensee shall notify the Commission of information identified by the applicant or licensee as having for the regulated activity a significant implication for public health and safety or common defense and security. An applicant or licensee violates this paragraph only if the applicant or licensee fails to notify the Commission of information that the applicant or licensee has identified as having a significant implication for public health and safety or common defense and security. Notification shall be provided to the Administrator of the appropriate Regional Office within two working days of identifying the information. This requirement is not applicable to information which is already required to be provided to the Commission by other reporting or updating requirements.

PART 110-EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL AUTHORITY

19. The authority citation for Part 110 is revised to read as follows:

Authority: Secs. 51, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104, 109, 111, 126, 127, 128, 129, 161, 181, 182, 183, 187, 189, 68 Stat. 929, 930, 931, 932, 933, 936, 937, 948, 953, 954, 955, 956, as amended (42 U.S.C. 2071, 2073, 2074, 2077, 2092-2095, 2111, 2112, 2133, 2134, 2139, 2139a, 2141, 2154-2158, 2201, 2231-2233, 2237, 2239); sec. 201 88 Stat. 1242, as amended (42 U.S.C. 5841).

Section 110.1(b)(2) also issued under Pub. L. 96-533, 94 Stat. 3138 (42 U.S.C. 2403). Section 110.11 also issued under sec. 122, 88 Stat. 939 (42 U.S.C. 2152) and secs. 54c and 57d.. 88 Stat. 473, 475 (42 U.S.C. 2074). Section 110.21 also issued under sec. 309(a). Pub. L. 99-440. Section 110.50(b)(3) also issued under sec. 123, 92 Stat. 142 (42 U.S.C. 2153). Section 110.51 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 110.52 also issued under sec. 186, 68 Stat. 955 (42 U.S.C. 2236). Sections 110.80 through 110.113 also issued under 5 U.S.C. 552. 554. Sections 110.30 through 110.35 also issued under 5 U.S.C. 553.

For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); §§ 110.20 through 110-29, 110.50, and 110.120 through 110.129

Federal Register / Vol. 52, No. 47 / Wednesday, March 11, 1987 / Proposed Rules

also issued under secs. 161b and i, 68 Stat. 948, 949, as amended (42 U.S.C. 2201(b) and (i)); and §§ 110.7(a) and 110.53 are also issued under sec. 161(0), 68 Stat. 950, as amended (42 U.S.C. 2201(0)).

20. Immediately following § 110.7, a new § 110.7a is added to Subpart A to read as follows:

$110.7a Completeness and accuracy of Information.

(a) Information provided to the Commission by an applicant for a license or by a licensee or information required by statute or by the

Commission's regulations, orders, or license conditions to be maintained by the applicant or the licensee shall be complete and accurate in all material respects.

(b) Each applicant or licensee shall notify the Commission of information identified by the applicant or licensee as having for the regulated activity a significant implication for public health and safety or common defense and security. An applicant or licensee violates this paragraph only if the applicant or licensee fails to notify the Commission of information that the applicant or licensee has identified as having a significant implication for public health and safety or common defense and security. Notification shall be provided to the Administrator of the appropriate Regional Office within two working days of identifying the information. This requirement is not applicable to information which is already required to be provided to the Commission by other reporting or updating requirements.

PART 150-EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274

21. The authority citation for Part 150 continues to read as follows:

Authority: Sec. 161, 68 Stat. 948, as amended, sec. 274, 73 Stat. 688 (42 U.S.C. 2201, 2021): sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).

Sections 150.3, 150.15, 150.15a, 150.31. 150.32 also issued secs. 11e(2), 81, 68 Stat. 923, 935, as amended, secs. 83, 84, 92 Stat. 3033, 3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114). Section 150.14 also issued under sec. 53, 68 Stat. 930, as amended (42 U.S.C. 2073). Section 150.17a also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section 150.30 also issued under sec. 234, 83 Stat. 444 (42 U.S.C. 2282).

For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273): § 150.20(b)(2) through (4) and 150.21 are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C 2201(b)): 150.14 is issued under sec. 1811, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and

$150.16 through 150.19 and 150.20(b) are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).

22. The introductory paragraph of $150.20(b) is revised to read as follows:

$150.20 Recognition of agreement state licenses.

(b) Notwithstanding any provision to the contrary in any specific license issued by an Agreement State to a person engaging in activities in a nonAgreement State or in offshore waters under the general licenses provided in this section, the general licenses provided in this section are subject to the provisions of §§ 30.7(a) through (e), 30.9, 30.14(d) and §§ 30.34, 30.41, and 30.51 to 30.63, inclusive, of Part 30 of this chapter: § 40.7(a) through (e), § 40.9, and §§ 40.41, 40.51, 40.61, 40.63, inclusive, 40.71 and 40.81 of Part 40 of this chapter, and § 70.7(a) through (e), § 70.9, and §§ 70.32, 70.42, 70.51 to 70.56, inclusive, 70.60 to 70.62, inclusive, and 70.71 of Part 70 of this chapter, and to the provisions of Parts 19, 20, and 71 and Subpart B of Part 34 of this chapter. In addition, any person engaging in activities in nonAgreement States or in offshore waters under the general licenses provided in this section:

Separate views of Commissioner Asselstine follow.

Dated at Washington, DC, this 6th day of March, 1987.

For the Nuclear Regulatory Commission. John C. Hoyle,

Acting Secretary of the Commission.
*Separate Views of Commissioner
Asselstine

The Commission's proposal to substitute this regulation for its present standards governing material false statements suffers from two major flaws. First, it requires less than the full disclosure required by the Commission in the VEPCO case. Second, it fails to provide clear guidance to the licensees on what their responsibilities are in reporting information to the NRC.

The Commission has for ten years used the standards set out in the VEPCO case when taking enforcement action for misstatements or failures to report information. Licensees and applicants are required to assure that all submissions of material information are complete and accurate, whether made orally or in writing. In addition, licensees and applicants have an affirmative duty to report all material information to the Commission, even in the absence of a specific reporting requirement in the regulations. Material

7441

information is that which has the capability of influencing a reasonable agency expert in the conduct of his duties.

That standard is rather broad, but the Commission has justified such a full disclosure requirement on the ground that it is essential to ensure that the Commission could fulfill its duty to protect the public health and safety. CLI-76-22, 4 NRC 480, 488. A full disclosure requirement is essential given the audit nature of the NRC's regulatory activities. Because the agency actually observes or inspects only a small portion of a licensee's activities, we must depend heavily on the licensee to identify and report to the NRC any problems which may affect the safety of the public. The full disclosure requirement established in VEPCO bring to the agency's attention all provides assurance that licensees will material safety information. Only with all relevant information can the NRC make a thorough appraisal before reaching a regulatory decision. While specific reporting requirements in regulations are important to provide guidance to the licensees, they are not sufficient to ensure full disclosure:

...no set of specific regulations. however carefully drawn, can be expected to cover all possible circumstances. Information may come from unexpected sources or take an unexpected form, but if it is material to the licensing decision and therefore to the public health and safety it must be passed on to the Commission if we are to perform our task. 4 NRC 489.

Thus, the Commission properly felt that a full disclosure provision which is broad enough to cover all circumstances is necessary. The Commission said that a healthy dose of common sense and a look at the context in which the issue arose would be sufficient to resolve most problems which might arise because of the breadth of the requirement. That has, in fact, been the case in the past ten years since the VEPCO decision was issued. The Commission has used the material false statement violation in a limited number of cases and only after careful review. The Commission's judicious use of these citations has effectively corrected deficient performance on the part of a few licensees and has served as a reminder to the rest of the industry of the need for full disclosure of material information.

The Commission is no longer willing to rely on common sense, however. Largely because of concerns raised about the difficulty of controlling the oral statements of all licensee employees and about the pejorative

79-323 0 - 88 - 19

74-12

Federal Register / Vol. 52. No. 47 / Wednesday, March 11, 1987 / Proposed Rules

connotations of the label "material false statement" the Commission has decided to engage in rulemaking to articulate a modified policy on disclosure of information. Unfortunately the proposed rule fails to accomplish one of the primary purposes of rulemaking-to establish clear guidance to the regulated entities. Rather, the rule discards wellthought-out and well-established principles and substitutes something that even the lawyers will have difficulty understanding.

Subsection b. of the proposed rule is the Commission's substitute for the full disclosure requirement. It falls far short of the VEPCO standard. First, The rule limits the ability of the Commission to take enforcement action if a licensee fails to report significant information. The rule only requires disclosure of information, which is not otherwise required by regulation, order, statute, or license condition, in those cases where the licensee has identified it as "having for the regulated activity a significant implication" for the public health and safety. This standard in effect allows the licensee to determine what information is relevant to the conduct of agency business. It is unusual, to say the least, for an agency to leave up to the regulated entity the determination of what information is material for purposes of deciding whether to take enforcement action. The Commission does not explain what benefit this additional element provides. In fact, it will add to the difficulty in taking enforcement action because it requires proof of a new element, the fact of identification by the licensee.1

Moreover, the rule includes no provision for enforcement action if the licensee should have identified information as being significant and did not. A licensee only violates subsection b. if it actually identifies information and fails to report it. If the licensee fails to identify significant information, the Commission can take no enforcement action based on the rule. The Commission states that it intends to fall back on its general authority to revoke, suspend or modify licenses in those cases where there is a question about the reasonableness of the licensee's failure to identify information as being significant:

... an order might be appropriate where the action of the licensee in not recognizing the significance of the information and failing

'The Commission seems to recognize that there may be some difficulty in actually establishing that a licensee has identified information as significant because the Commission sets out in the statement of considerations a few examples of actions which may be indicative of identification.

to report it. together with the relevant facts. raises serious questions about either its competence, i.e., its ability to evaluate information, or its trustworthiness, i.e., its information for evaluation. failure to consider potentially significant

Thus, the rule provides that a licensee can be penalized under the rule only for failure to report information it has identified as significant. Yet, according to the Commission, the licensee can be penalized under the Commission's general regulatory authority for failure to identify information as being significant. However, the Commission fails to explain what standards will be used in determining whether to take enforcement action for a failure to identify. There certainly are no standards in the rule. This seems to be a particularly clumsy way of regulating the reporting of significant information. A more logical approach would be to set out a clear standard governing what information the Commission thinks should be reported and to clearly explain when licensees will be subject to enforcement action for failure to report such information. It would be easier for the licensees to understand and would not require them to go beyond the rule to understand when they might be penalized for failure to identify information.

A third problem with the proposed rule is that the Commission has raised the threshhold for what information has to be reported. Under VEPCO the full disclosure standard requires that a licensee report any information which has the capability to influence a reasonable agency expert. The Commission has substituted for that standard a requirement that licensees report information "having for the regulated activity significant implications for the public health and safety and the common defense and security." What that phrase means is anybody's guess. The Commission makes no attempt to explain what it means, and it certainly has no accepted legal definition as does the term "material" which is used in the Commission's present standard. Once again the Commission fails to add clarity. Rather, this phrase will only provide fertile ground for litigation.

The only thing that is clear about this phrase is that it sets a higher threshhold for reporting than that required under the present full disclosure requirement. Obviously by inserting the term "significant" into the rule the Commission meant to require something less than that all material information be reported. The Commission fails to explain why such a change is necessary. what benefit will accrue from the

change, or how tht change will help the Commission to ensure that it is aware of all relevant information when it carries out its duty to protect the public health and safety.

The Commission's rule thus fails not only to require full disclosure of material safety information, but it fails to provide clear guidance. The law on material false statements was well settled and worked effectively for ten years. The Commission has substituted for that long-settled law a rule which makes requirements less clear, which establishes new standards that make little sense, which will only make it more difficult to take enforcement action, and which will surely lead to much litigation. The benefits of this rule are, on the other hand, difficult to discern. The rule certainly will not encourage full disclosure, and it does nothing to clarify Commission requirements. In its effort to ensure that reporting violations will no longer be labelled material false statements, the Commission has diminished the NRC's ability to obtain the information it needs to discharge its safety mission and to deal effecitvely with licensees who fail to provide the agency with needed information.

[FR Doc. 87-5167 Filed 3-10-87; 8:45 ain]

BILLING CODE 7580-01-M

FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Part 332

Powers Inconsistent With Purposes of
Federal Deposit Insurance Law

AGENCY: Federal Deposit Insurance
Corporation (FDIC).

ACTION: Extension of deadline for consideration, adoption, and publication of final rule.

SUMMARY: This notice serves to extend the period of time which the FDIC may use under its internal policy statement for the consideration, adoption, and publication of the FDIC's final rule on participation by insured banks in real estate development and insurance underwriting activities.

DATE: The deadline for final agency action on the proposed rule is extended to September 15, 1987.

FOR FURTHER INFORMATION CONTACT. Pamela E.F. LeCren, Senior Attorney, Legal Division, (202) 898-3743, or Robert E. Feldman, Senior Attorney, Legal Division, (202) 898-3743, Federal Deposit Insurance Corporation. 550 17th Street NW, Washington, DC 20429.

« PreviousContinue »