[Federal Register: December 22, 2004 (Volume 69, Number 245)]
[Rules and Regulations]
[Page 76599-76601]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22de04-2]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 19, 34, 40, 55, and 60
RIN 3150-AH58
Minor Correction Amendments for FY2004
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations to correct several miscellaneous errors in the NRC Rules
and Regulations. This document is necessary to inform the public of
these corrective changes to NRC regulations.
DATES: Effective Date: December 22, 2004.
FOR FURTHER INFORMATION CONTACT: Alzonia Shepard, Office of
Administration, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone (301) 415-6864.
SUPPLEMENTARY INFORMATION:
Background
The Nuclear Regulatory Commission is amending the regulations in 10
CFR Parts 19, 34, 40, 55 and 60 to correct several miscellaneous errors
in regulatory text. These changes occurred in the process of preparing
and printing rulemaking documents.
Because these amendments constitute minor administrative
corrections to the regulations, the notice and comment provisions of
the Administrative Procedure Act do not apply pursuant to 5 U.S.C.
553(b)(B). The amendment are effective upon publication in the Federal
Register. Good cause exists under 5 U.S.C. 553(d) to dispense with the
usual 30-day delay in the effective date of the final rule, because the
amendments are of a minor and administrative nature dealing with
corrections to certain CFR sections, which do not require action by any
person or entity regulated by the NRC. Nor does the final rule change
the substantive responsibilities of any person or entity regulated by
the NRC.
Environmental Impact: Categorical Exclusion
The NRC has determined that this final rule is the type of action
described in categorical exclusion 10 CFR 51.22(c)(2). Therefore,
neither an environmental impact statement nor an environmental
assessment has been prepared for this final rule.
Paperwork Reduction Act Statement
This final rule does not contain a new or amended information
collection requirements subject to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the
Office of Management and Budget, approval numbers 3150-0053; 3150-0044;
3150-0010; 3150-0130; 3150-0020; and 3150-0011.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information of an information collection
requirement unless the requesting document displays a currently valid
OMB control number.
[[Page 76600]]
List of Subjects
10 CFR Part 19
Criminal penalties, Environmental protection, Nuclear materials,
Nuclear power plants and reactors, Occupational safety and health,
Radiation protection, Reporting and record-keeping requirements, Sex
discrimination.
10 CFR Part 34
Criminal penalties, Packaging and containers, Radiation protection,
Radiography, Reporting and recordkeeping requirements, Scientific
equipment, Security measures.
10 CFR Part 40
Criminal penalties, Government contracts, Hazardous materials
transportation, Nuclear materials, Reporting and recordkeeping
requirements, Source material, Uranium.
10 CFR Part 55
Criminal penalties, Manpower training programs, Nuclear power
plants and reactors, Reporting and recordkeeping requirements.
10 CFR Part 60
Criminal penalties, High-level waste, Nuclear materials, Nuclear
power plants and reactors, Reporting and recordkeeping requirements,
Waste treatment and disposal.
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For the reasons set forth in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting
the following amendments to 10 CFR parts 19, 34, 40, 55, and 60.
PART 19--NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION
AND INVESTIGATIONS
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1. The authority citation for Part 19 continues to read as follows:
Authority: Secs. 53, 63, 81, 103, 104, 161, 186, 68 Stat. 930,
933, 935, 936, 937, 948, 955, as amended, sec. 234, 83 Stat. 444, as
amended, sec. 1701, 106 Stat. 2951, 2952, 2953 (42 U.S.C. 2073,
2093, 2111, 2133, 2134, 2201, 2236, 2282, 2297f); sec. 201, 88 Stat.
1242, as amended (42 U.S.C. 5841); Pub. L. 95-601, sec. 10, 92 Stat.
2951 (42 U.S.C. 5851); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504
note).
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2. In Sec. 19.3, the definition of ``Licensee'' is added in
alphabetical order to read as follows:
Sec. 19.3 Definitions.
* * * * *
Licensee means the holder of such a license.
* * * * *
PART 34--LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY
REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS
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3. The authority citation for Part 34 is revised to read as follows:
Authority: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954,
as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat.
1242, as amended (42 U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44
U.S.C. 3504 note). Section 34.45 also issued under sec. 206, 88
Stat. 1246 (42 U.S.C. 5846).
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL
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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); sec. 193, 104 Stat. 2835, as
amended by Pub. L. 104-134, 110 Stat. 1321, 1321-349 (42 U.S.C.
2243); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
Section 40.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951 (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).
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5. In Sec. 40.66, paragraphs (b)(5) and (c) are revised to read as
follows:
Sec. 40.66 Requirement for advance notice of export shipment of
natural uranium.
* * * * *
(b) * * *
(5) A certification that arrangements have been made to notify the
Division of Nuclear Safety, Office of Nuclear Security and Incident
Response when the shipment is received at the receiving facility.
(c) A licensee who needs to amend a notification may do so by
telephoning the Division of Nuclear Safety, Office of Nuclear Security
and Incident Response at (301) 816-5100.
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6. In Sec. 40.67, the first sentence in paragraph (a), and paragraphs
(c), and (d) are revised to read as follows:
Sec. 40.67 Requirement for advance notice for importation of natural
uranium from countries that are not party to the Convention on the
Physical Protection of Nuclear Material.
(a) Each licensee authorized to import natural uranium, other than
in the form of ore or ore residue, in amounts exceeding 500 kilograms,
from countries not party to the Convention on the Physical Protection
of Nuclear Material (see appendix F to Part 73 of this chapter) shall
notify the Director, Division of Nuclear Security, Office of Nuclear
Security and Incident Response, using an appropriate method listed in
Sec. 40.5. * * *
* * * * *
(c) The licensee shall notify the Division of Nuclear Security by
telephone at (301) 816-5100 when the shipment is received in the
receiving facility.
(d) A licensee who needs to amend a notification may do so by
telephoning the Division of Nuclear Security at (301) 816-5100.
PART 55--OPERATOR'S LICENSES
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7. The authority citation for Part 55 continues to read as follows:
Authority: Secs. 107, 161, 182, 68 Stat. 939, 948, 953 , as
amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2137, 2201,
2232, 2282); Secs. 201, as amended, 202, 88 Stat. 1242, as amended,
1244 (42 U.S.C. 5841, 5842); sec. 1704, 112 Stat. 2750 (44 U.S.C.
3504 note).
Sections 55.41, 55.43, 55.45, and 55.59 also issued under sec.
306, Pub. L. 97-425, 96 Stat. 2262 (42 U.S.C. 10226). Section 55.61
also issued under Sacs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236,
2237).
Sec. 55.40 [Amended]
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8. In Sec. 55.40(a), footnote 1, remove ``2120 L Street, NW (Lower
Level), Washington, DC.'' and insert ``One White Flint North, 11555
Rockville Pike (0-1F23), Rockville, MD.''
PART 60--DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN
GEOLOGICREPOSITORIES
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9. The authority citation for Part 60 continues to read as follow:
Authority: Secs. 51, 53, 62, 63, 65, 81, 161, 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. 2951 (42 U.S.C. 2021a and 5851); sec. 102, Pub. L.
91-190, 83 Stat. 853 (42 U.S.C. 4332); Secs. 114, 121, Pub. L. 97-
425, 96 Stat. 2213g, 2228, as amended (42 U.S.C. 10134, 10141), and
Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 U.S.C. 5851); sec.
1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
[[Page 76601]]
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10. In Sec. 60.2, the term ``NRC Public Document Room'' is revised to
read as follows:
Sec. 60.2 Definitions.
* * * * *
NRC Public Document Room means the facility at One White Flint
North, 11555 Rockville Pike, Room 0-1F23, Rockville, Maryland, where
certain public records of the NRC that were made available for public
inspection in paper or microfiche prior to the implementation of the
NRC Agency wide Documents Access and Management System, commonly
referred to as ADAMS, will remain available for public inspection. It
is also the place where computer terminals are available to access the
Electronic Reading Room components of ADAMS on the NRC Website, http://www.nrc.gov
, where copies can be made or ordered as set forth in Sec.
9.35 of this chapter. The facility is staffed with reference librarians
to assist the public in identifying and locating documents and in using
the NRC Web site and ADAMS. The NRC Public Document Room is open from
7:30 am to 4:15 pm, Monday through Friday, except on Federal holidays,
Reference service and access to documents may also be requested by
telephone (1-800-397-4209) between 8:30 am and 4:15 pm, or by e-mail
PDR@nrc.gov), fax (301-415-3548), or letter (NRC Public Document Room,
One White Flint North, 11555 Rockville Pike, Room 0-1F23, Rockville,
Maryland 20852).
* * * * *
Dated at Rockville, Maryland this 16th day of December, 2004.
For the Nuclear Regulatory Commission.
Michael T. Lesar,
Division of Administrative Services, Office of Administration.
[FR Doc. 04-27946 Filed 12-21-04; 8:45 am]
BILLING CODE 7590-01-P