[Federal Register Volume 67, Number 167 (Wednesday, August 28, 2002)]
[Proposed Rules]
[Pages 55175-55179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21887]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 40
RIN 3150-AG64
Transfers of Certain Source Materials by Specific Licensees
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend
its regulations to require NRC approval for transfers from licensees of
low-concentrations of source material (less than 0.05 percent by
weight) to persons exempt from licensing. The object of this proposed
action is to ensure that the regulations regarding transfers of
materials containing low concentrations of source material are adequate
to protect public health and safety.
DATES: Submit comments by November 12, 2002. Comments received after
this date will be considered if it is practical to do so, but the
Commission is able to ensure consideration only for comments received
on or before this date.
ADDRESSES: Submit comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attn: Rulemakings and
Adjudications Staff.
Deliver comments to 11555 Rockville Pike, Rockville, MD, between
7:30 a.m. and 4:15 p.m. on Federal workdays.
You may also provide comments via the NRC's interactive rulemaking
Web site (http://ruleforum.llnl.gov). This site provides the capability
to upload comments as files (any format) if your web browser supports
that function. For information about the interactive rulemaking Web
site, contact Ms. Carol Gallagher (301) 415-5905; e-mail [email protected].
Certain documents related to this rulemaking, including comments
received, may be examined at the NRC Public Document Room, Room O-1F23,
11555 Rockville Pike, Rockville, MD. These same documents may also be
viewed and downloaded electronically via the rulemaking Web site.
The NRC maintains an Agencywide Document Access and Management
System (ADAMS), which provides text and image files of NRC's public
documents. These documents may be accessed through the NRC's Public
Electronic Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS or if there are
problems in accessing the documents located in ADAMS, contact the NRC
Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected].
FOR FURTHER INFORMATION CONTACT: Gary Comfort, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone (301) 415-8106, e-mail
[email protected].
SUPPLEMENTARY INFORMATION: The NRC regulations in 10 CFR 40.13 exempt
persons from the licensing requirements for certain materials
containing uranium and thorium referred to as ``unimportant
quantities.'' One of these exemptions, Sec. 40.13(a), is for ``chemical
mixtures,
[[Page 55176]]
compounds, solutions, or alloys'' in which the source material is by
weight less than 0.05 percent. Section 40.13(a) exempts any person from
NRC licensing requirements ``to the extent that such person receives,
possesses, uses, transfers, or delivers source material in any chemical
mixture, compound, solution, or alloy in which source material is by
weight less than one-twentieth of 1 percent (0.05 percent) of the
mixture, compound, solution, or alloy.'' This exemption stems from
regulations adopted approximately 40 years ago. The 0.05 percent by
weight limit appears to have been chosen on the basis of concentrations
of source material that are necessary to be a useful source of
fissionable material. (The 0.05-percent by weight limit is equivalent
to approximately 339 picocuries uranium/gram (pCiU/gram) for natural
uranium or 116 picocuries thorium/gram (pCiTh/gram) for natural
thorium.)
Some NRC licensees are in possession of mixtures of material
derived from their licensed processes where the source material is
under 0.05 percent by weight. These licensees hold licenses because the
processes which resulted in this lower concentrated material at some
point used material in which the concentration of source material
exceeded 0.05 percent by weight source material. Specific licensees are
subject to requirements for decommissioning in Part 40 (Sec. 40.42) and
waste disposal requirements in Part 20. The 0.05 percent standard of 10
CFR 40.13(a) is not a disposal standard. However, the current
regulations, Secs. 40.51(b)(3) and (b)(4), do not specifically require
an NRC licensee (either general or specific) to obtain NRC approval
before transferring source material to persons exempt from licensing
requirements under Sec. 40.13(a) or equivalent Agreement State
regulations. After this material is transferred, it is no longer
subject to NRC requirements because an exempt person is not subject to
the requirements for decommissioning and disposal.
For some limited types and quantities of materials that fall under
the exemption in Sec. 40.13(a), transfers could potentially result in
scenarios where exposure limits in 10 CFR Part 20 could be exceeded.
Recent estimates of possible radiation doses from thorium and uranium
suggest that quantities of source material in concentrations below the
0.05-percent limit, in certain situations, could result in individual
doses of more than 1 millisievert/year (mSv/yr) (100 millirem/year
(mrem/yr)). Examples of some of these estimates can be found in NUREG-
1717, ``Systematic Radiological Assessment of Exemptions for Source and
Byproduct Materials,'' June 2001.
This recent information on doses from less than 0.05 percent by
weight source material has led the Commission to review its regulations
concerning source material. This is especially important in light of
decommissioning and decontamination of facilities where less than 0.05
percent by weight source material is present in significant quantities
and often involves questions of disposal options for this material.
Therefore, the Commission is proposing to amend Sec. 40.51 to require
NRC approval for transfers of source material derived from licensees'
specifically licensed material to ensure that these transfers do not
pose a health and safety concern. Until such an authorized transfer
occurs, the material, regardless of its concentration of source
material, remains part of the licensee's inventory of licensed
material. This approval does not apply to the general license
provisions in Part 40--the proposed approval is limited to source
material derived from specifically licensed material. This is because
of the more limited quantities of material handled under general
license. In addition, it is not intended for this requirement to apply
to uranium and thorium that is essentially at the natural background
levels of the surrounding area. The primary concern for this proposed
rule is to handle situations where quantities of licensed source
material have been processed through licensed operations resulting in
mixtures of material containing less than 0.05 percent by weight source
material.
In making its determination regarding transfer of less than 0.05
percent source material, the NRC would generally evaluate the potential
use and disposition scenarios on a case-by-case basis. Factors that may
be considered include, but are not limited to, whether the dose arises
from an occupational exposure (albeit to a worker at an unlicensed
facility), whether the exposed individual is informed of and consents
to the exposure, the likely duration of the exposure, the estimated
number of exposed individuals, the doses the individual has received in
the past from similar type actions, and whether appropriate Federal,
State, and local regulations regarding possession of such material by
the exempt person are met for the intended use or disposal. The
Commission would expect licensees to address, as part of their approval
requests for transfer of material under this rule, analyses of doses
that may occur to the recipients of the material during the transfer
and disposal operations, as well as, the doses that may occur as the
result of the disposal consistent with the License Termination Rule, 10
CFR Part 20, Subpart E or RCRA requirements, as appropriate.
If the approval request is for transfer for the purpose of direct
disposal in an appropriate facility (e.g., a RCRA Subtitle C facility
authorized for such material or other disposal facilities having in
place the appropriate State or EPA permits), the request for transfer
would normally be approved if the dose to a member of the general
public is unlikely to exceed 0.25 mSv/yr (25 mrem/yr). If the expected
dose to a member of the general public is estimated to be between 0.25
mSv/yr (25 mrem/yr) and 1 mSv/yr (100 mrem/yr), the NRC staff will
inform the Commission of the request and its resolution status. These
limitations, however, do not preclude a licensee from requesting
approval for a transfer that could potentially result in doses to a
member of the general public above 1 mSv/yr (100 mrem/yr); however,
such approval would be based upon the unique circumstances of the
specific case under review and would not be approved by the NRC staff
without full Commission review.
The above dose limits are applicable to transfers for the purpose
of direct disposal in an appropriate facility (e.g., a RCRA Subtitle C
facility authorized for such material or other disposal facilities
having in place the appropriate State or EPA permits). If transfers of
material are sought for other purposes such as recycle or indirect
disposal, such dose limits may not be appropriate. Lower dose limits
may need to be considered.
Several licensees have requested NRC approval to transfer less than
0.05 percent source material to exempt persons in the past several
years. The Commission has made these decisions on a case-by-case basis.
Pending publication of these amendments to Sec. 40.51 as a final rule,
the Commission will continue its current policy of approving requests
to transfer material to exempt persons under Sec. 40.13(a) or
equivalent Agreement State regulations on a case-by-case basis.
Additionally, NRC does not permit licensees to intentionally dilute
licensed source materials without specific approval. Section 40.41(c)
states that ``each person licensed by the Commission pursuant to the
regulations in this part shall confine his possession and use of source
or byproduct material to the locations and purposes authorized in the
license.'' Although it is recognized that inadvertent dilution may
occasionally occur (e.g., during the process of preparing contaminated
[[Page 55177]]
material for shipment, some mixing with cleaner material may result as
it is ``dug up'' and loaded for shipment before sampling), this natural
dilution of the concentration of uranium and thorium is in contrast to
the intentional dilution of contaminated material for the purpose of
reducing its concentration below 0.05 percent which is not acceptable
in the absence of prior authorization. Intentional dilution of licensed
source material, without prior NRC authorization, would be considered a
violation of Sec. 40.41(c). The NRC is seeking public comment on
whether this policy should be better clarified by adding rule language
specifically prohibiting intentional dilution without prior
authorization in the regulations.
As part of this proposed rule, the Commission is also proposing to
amend Sec. 40.13(a) by adding the word ``disposes'' to the list of
exempted activities in Sec. 40.13(a). This addition would clarify the
exemption's applicability to disposal. However, it should be noted that
any on-site disposal by a licensee of mixtures of material containing
under 0.05 percent by weight (that was derived from its licensed
material) source material is not addressed by Sec. 40.13(a). Any such
disposal would continue to require approval under 10 CFR 20.2002 and be
subject to reevaluation under the Decommissioning Timeliness Rule, 10
CFR 40.42 and the License Termination Rule, 10 CFR Part 20, Subpart E.
Agreement State Compatibility
Section 40.13 is presently a compatibility ``B'' item, and
Sec. 40.51 is presently a compatibility ``C'' item, except for
Sec. 40.51(b)(6) which deals with exports and is reserved for NRC. The
compatibility status reflects the extent to which Agreement State
regulations must conform to NRC regulations, as detailed in ``Policy
Statement on Adequacy and Compatibility of Agreement State Programs'',
published September 3, 1997 (62 FR 46517). The proposed amendments, if
made final, would not change the compatibility status of Sec. 40.13 or
Sec. 40.51. Agreement States would be required to revise their
regulations equivalent to Sec. 40.13(a) and would be expected to have
the same or more stringent criteria than NRC's when making their
determinations regarding transfers for direct disposal of less than
0.05 percent source material.
Plain Language
The Presidential Memorandum dated June 1, 1998, entitled, ``Plain
Language in Government Writing'' directed that the Government's writing
be in plain language. In complying with this directive, editorial
changes have been made in the proposed revisions to improve the
organization and readability of the existing language of paragraphs
being revised. These types of changes are not discussed further in this
notice. The NRC requests comments on this proposed rule specifically
with respect to the clarity and effectiveness of the language used.
Comments should be sent to the address listed under the heading
ADDRESSES above.
Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995 (Pub.
L. 104-113) requires that Federal agencies use technical standards that
are developed or adopted by voluntary consensus standards bodies unless
the use of such a standard is inconsistent with applicable law or
otherwise impractical. In this proposed rule, the NRC is presenting
amendments to its regulations that allow transfers of source material
that is less than 0.05 percent by weight to persons exempt under
Sec. 40.13(a) or equivalent Agreement State regulations. This action
does not constitute the establishment of a standard that establishes
generally applicable requirements.
Finding of No Significant Environmental Impact: Availability
The Commission has determined under the National Environmental
Policy Act of 1969, as amended, and the Commission's regulations in
Subpart A of 10 CFR Part 51, not to prepare an environmental impact
statement for this proposed rule because the Commission has concluded
on the basis of an environmental assessment that this proposed rule, if
adopted, would not be a major Federal action significantly affecting
the quality of the human environment. The licensees affected by the
proposed changes to Sec. 40.51 fall into two groups: those licensees
who would continue to be allowed to transfer their low concentrations
of source material to exempt persons and those licensees who would not
be allowed to transfer their low concentrations of source materials to
exempt persons. For the first group there are no environmental impacts
associated with this rule because the only change brought about by this
rule is the requirement to apply for such approval. There would be no
change to human health or the environment as a result.
For the second group, some transfers to exempt persons may not be
approved. Consequently, low concentrations of source materials at these
licensed facilities would need to remain on site or could be
transferred to or disposed of at other licensed facilities. As a
result, this source material would continue to be managed in a
regulated manner that would provide significantly greater protection to
the public and the environment from exposure to radiation. Workers at
licensed facilities would be expected to be exposed to lower doses of
radiation than the levels to which workers at unregulated exempt
facilities would be exposed, because of the routine safety precautions
required at licensed facilities.
The proposed amendment to Sec. 40.13(a) is only for the purpose of
clarifying existing rule language. As a result, there would be no
impact on human health or the environment resulting from this
amendment.
Because under adoption of the proposed rule, there would be either
(1) no change to human health or the environment or (2) greater
protection of human health and the environment (relative to the current
regulation), the determination of this environmental assessment is that
there will be no significant impact to the public from this action.
However, the general public should note that the NRC welcomes public
participation. The NRC has also committed to complying with Executive
Order (EO) 12898--Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations, dated February 11,
1994, in all its actions. Therefore, the NRC has also determined that
there are no disproportionate, high, and adverse impacts on minority
and low-income populations. In the letter and spirit of EO 12898, the
NRC is requesting public comment on any environmental justice
considerations or questions that the public thinks may be related to
this proposed rule but somehow were not addressed. The NRC uses the
following working definition of ``environmental justice'': the fair
treatment and meaningful involvement of all people, regardless of race,
ethnicity, culture, income, or educational level with respect to the
development, implementation, and enforcement of environmental laws,
regulations, and policies. Comments on any aspect of the Environmental
Assessment, including environmental justice, may be submitted to the
NRC as indicated under the ADDRESSES heading.
The NRC has sent a copy of the Environmental Assessment and this
proposed rule to every State Liaison Officer and requested their
comments on the Environmental Assessment. The Environmental Assessment
may be examined at the NRC Public Document
[[Page 55178]]
Room, O-1F23, 11555 Rockville Pike, Rockville, MD. Single copies of the
environmental assessment are available from Gary Comfort, telephone
(301) 415-8106, e-mail, [email protected] of the Office of Nuclear Material
Safety and Safeguards.
Paperwork Reduction Act Statement
This proposed rule contains information collection requirements
that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq). This rule has been submitted to the Office of Management and
Budget for review and approval of the information collection
requirements.
The burden to the public for these information collections is
estimated to average 50 hours per response for the initial transfer
request and an additional 25 hours per response for requests for
additional information, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the information collection. The
U.S. Nuclear Regulatory Commission is seeking public comment on the
potential impact of the information collections contained in the
proposed rule and on the following issues:
1. Is the proposed information collection necessary for the proper
performance of the functions of the NRC, including whether the
information will have practical utility?
2. Is the estimate of burden accurate?
3. Is there a way to enhance the quality, utility, and clarity of
the information to be collected?
4. How can the burden of the information collection be minimized,
including the use of automated collection techniques?
Send comments on any aspect of these proposed information
collections, including suggestions for reducing the burden, to the
Records Management Branch (T-6 E6), U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, or by Internet electronic mail to
[email protected]; and to the Desk Officer, Office of Information
and Regulatory Affairs, NEOB-10202, (3150-0020), Office of Management
and Budget, Washington, DC 20503.
Comments to OMB on the information collections or on the above
issues should be submitted by September 27, 2002. Comments received
after this date will be considered if it is practical to do so, but
assurance of consideration cannot be given to comments received after
this date.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
requirement unless the requesting document displays a currently valid
OMB control number.
Regulatory Analysis
The Commission has prepared a draft regulatory analysis on this
proposed regulation. The analysis examines the costs and benefits of
the alternatives considered by the Commission.
The Commission requests public comment on the draft regulatory
analysis. Comments on the draft analysis may be submitted to the NRC as
indicated under the ADDRESSES heading. The analysis is available for
inspection in the NRC Public Document Room, 11555 Rockville Pike,
Rockville, MD. Single copies of the regulatory analysis are available
from Gary Comfort, telephone (301) 415-8106, e-mail, [email protected] of
the Office of Nuclear Material Safety and Safeguards.
During development of the regulatory analysis, the NRC evaluated
the possibility of a licensee disposing of its material in a mill
tailings impoundment rather than a licensed burial facility, if the
licensee was denied approval to transfer their source material to a
person exempt under Sec. 40.13(a) or equivalent Agreement State
regulations. Although it is expected that this disposition method would
reduce the costs related to the potential impact of this proposed rule,
sufficient cost data were not available to include it as part of the
regulatory analysis. Therefore, the NRC is seeking public comment and
any available cost data regarding the inclusion of this disposal method
in the Regulatory Analysis. Comments should be sent to the address
listed under the heading ADDRESSES, above.
Regulatory Flexibility Certification
In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C.
605(b)), the Commission certifies that this rule would not, if
promulgated, have a significant economic impact on a substantial number
of small entities. The proposed rule would require licensees to apply
to the Commission for approval to transfer source material to persons
exempt under Sec. 40.13(a) or equivalent Agreement State regulations.
In total, the NRC estimates that, of the approximately 114 licensees
under Part 40, approximately three to six licensees per year would
apply to the Commission, i.e., about three to five percent of all Part
40 licensees. The NRC further estimates that the vast majority of
licensees would need only submit an application to the NRC at an
estimated one-time cost of about $3,600 to $5,300 per licensee. The NRC
further estimates that, in rare circumstances, a licensee may be denied
permission to transfer the material and, as a result, incur significant
costs above the current (i.e., baseline) regulatory program. However,
the NRC estimates that this would happen to about one licensee per
year, i.e., less than one percent of all Part 40 licensees.
In sum, because the annual number of licensees submitting an
application to NRC is expected to be very small (3-6 licensees
annually), the NRC believes that the proposed rule would not impact a
substantial number of entities, large or small.
Backfit Analysis
The NRC has determined that the backfit rule (Secs. 50.109, 70.76,
72.62, or 76.76) does not apply to this proposed rule because this
amendment would not involve any provisions that would impose backfits
as defined in the backfit rule. Therefore, a backfit analysis is not
required.
List of Subjects in 10 CFR Part 40
Criminal penalties, Government contracts, Hazardous materials
transportation, Nuclear materials, Reporting and recordkeeping
requirements, Source material, Uranium.
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. 553; the NRC is proposing to
adopt the following amendments to 10 CFR Part 40.
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL
1. 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); sec. 193, 104 Stat. 2835, as
amended by Pub. L. 104-134, 110 Stat. 1321, 1321-349 (42 U.S.C.
2243).
Sec. 40.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951 (42 U.S.C. 5851).
[[Page 55179]]
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).
2. Section 40.13(a) is revised to read as follows:
Sec. 40.13(a) Unimportant quantities of source material.
(a) Any person is exempt from the regulations in this part and from
the requirements for a license set forth in section 62 of the Act to
the extent that such person receives, possesses, uses, disposes,
transfers, or delivers source material in any chemical mixture,
compound, solution, or alloy in which the source material is by weight
less than one-twentieth of 1 percent (0.05 percent) of the mixture,
compound, solution, or alloy. The exemption contained in this paragraph
does not include byproduct material as defined in this part.
3. Section 40.51 is revised to read as follows:
Sec. 40.51 Transfer of source or byproduct material.
(a) No licensee shall transfer source or byproduct material except
as authorized pursuant to this section.
(b) Except as otherwise provided in its license and subject to the
provisions of paragraphs (c), (d), and (e) of this section, any
licensee may transfer source or byproduct material:
(1) To the Department of Energy;
(2) To the agency in any Agreement State that regulates radioactive
materials pursuant to an agreement with the Commission or the Atomic
Energy Commission under section 274 of the Act;
(3) To any person exempt from the licensing requirements of the Act
and regulations in this part, to the extent permitted under such
exemption;
(4) To any person in an Agreement State subject to the jurisdiction
of that State who has been exempted from the licensing requirements and
regulations of that State, to the extent permitted under such
exemptions;
(5) To any person authorized to receive such source or byproduct
material under terms of a specific license or a general license or
their equivalents issued by the Commission or an Agreement State;
(6) To any person abroad pursuant to an export license issued under
part 110 of this chapter; or
(7) As otherwise authorized by the Commission in writing.
(c) Before transferring source or byproduct material to a specific
licensee of the Commission or an Agreement State or to a general
licensee who is required to register with the Commission or with an
Agreement State prior to receipt of the source or byproduct material,
the licensee transferring the material shall verify that the
transferee's license authorizes receipt of the type, form, and quantity
of source or byproduct material to be transferred.
(d) The following methods for the verification required by
paragraph (c) of this section are acceptable:
(1) The transferor may have in its possession, and read, a current
copy of the transferee's specific license or registration certificate;
(2) The transferor may have in its possession a written
certification by the transferee that it is authorized by license or
registration certificate to receive the type, form, and quantity of
source or byproduct material to be transferred, specifying the license
or registration certification number, issuing agency, and expiration
date;
(3) For emergency shipments, the transferor may accept oral
certification by the transferee that it is authorized by license or
registration certificate to receive the type, form, and quantity of
source or byproduct material to be transferred, specifying the license
or registration certificate number, issuing agency, and expiration
date, provided that the oral certification is confirmed in writing
within 10 days;
(4) The transferor may obtain other sources of information compiled
by a reporting service from official records of the Commission or the
licensing agency of an Agreement State as to the identity of licensees
and the scope and expiration dates of licenses and registrations; or
(5) When none of the methods of verification described in
paragraphs (d)(1) to (4) of this section are readily available or when
a transferor desires to verify that information received by one of
these methods is correct or up-to-date, the transferor may obtain and
record confirmation from the Commission or the licensing agency of an
Agreement State that the transferee is licensed to receive the source
or byproduct material.
(e) A licensee shall obtain written approval from the NRC before
transferring any source material derived from its specifically licensed
material to persons exempt under Sec. 40.13(a) or equivalent Agreement
State regulations. A licensee seeking NRC approval to transfer such
material must submit a dose assessment with information containing the
estimated annual total effective dose equivalent to a member of the
public that would result from the transfer, and the parameters and
assumptions used in the assessment.
Dated at Rockville, Maryland, this 22nd day of August, 2002.
For the Nuclear Regulatory Commission.
Annette Vietti-Cook,
Secretary of the Commission.
[FR Doc. 02-21887 Filed 8-27-02; 8:45 am]
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