ML19316A689
| ML19316A689 | |
| Person / Time | |
|---|---|
| Issue date: | 03/24/1980 |
| From: | Minogue R NRC OFFICE OF STANDARDS DEVELOPMENT |
| To: | Charles Brown HOUSE OF REP., ENVIRONMENT & PUBLIC WORKS |
| References | |
| NUDOCS 8005230723 | |
| Download: ML19316A689 (6) | |
Text
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ZDENTFAL LTRL SENT TO THE FOLLOWING: ~
DISTRIBUTIOh 0 0 5 2 3 0 Hore. Morris % Udati:
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g Subcommittee on Energy ' and the Environment RGSmith cc: Rep. Steven Symms RJJones EDO Hon. Toby Moffett, Chairman tter Subcommittee on Environment, Energy & Natural Resources cc: Rep. Paul N. McCloskey, Jr.
CA (3)
P'S EP Hon. John D. Dingell, Chairman
'M 9 i M CEMacDonald, NMSS Subcommittee on Energy & Power cc: Rep Clarence J. Brown riShapar, ELD The Honorable Gary Hart EEdakel, ELD Chaiman WJDircks, HMSS Subcommittee on Nuclear Regulation HRDenton, NRR Committee on Environment and Public Works RJBudnitz, RES United States Senate VStello, IE Washington, D.C.
20510 SD r/f l
SD ALPHA FILE
Dear Mr. Chairman:
Enclosed for the infomation of the Subcommittee is a copy of a f otice of l
Final Rulemaking to be published in the Federal Register.
I On October 20, 1979, I advised you of a change in the regulations of the Nuclear Regulatory Cortmission to pemit our inspectors to enforce the transportation regulations of the U.S. Department of Transportation. A reference in that NRC rule to the regulations of the U.S. Postal Service has been found to be out of date. The enclosed NRC rule corrects that reference.
Since these amendments are of a minor, corrective nature, good cause exists for omitting notice of proposed rulemaking, and public procedure thereon, as unnecessary. The amendments will become effective on publicat. ion in the Federal Register.
Sincerely, Orieinal si:rned hv R. G. Smith
- Robert B. Minogue, Director' I
Office of Standards Development
Enclosure:
Notice of Final Rulemaking f'h cc:
Sen. Alan Simpson I
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[7590-1]
NUCLEAR REGULATORY COMMISSION 10 CFR Part 71 PART 71 - PACKAGING OF RADI0 ACTIVE MATERIAL FOR TRANSPORT AND TRANSPORTATION OF RADI0 ACTIVE MATERIAL UNDER CERTAIN CONDITIONS Correction of U.S. Postal Service Regulation Reference AGENCY:
U.S. Nuclear Regulatory Commission.
ACTION:
Effective rule.
SUMMARY
The U.S. Nuclear Regulatory Commission is correcting its regu-latory references to U.S. Postal Service regulations governing the transportation of radioactive material by the U.S. Postal Service.
EFFECTIVE DATE:
(date certain)
FOR FURTHER INFORMATION CONTACT:
dalph J. Jones, Office of Standards Development, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555
[(301) 443-5946].
SUPPLEMENTARY INFORMATION:
In a FEDERAL REGISTER Notice dated November 2, 1979 (44 FR 63083), reference was made to the regulations of the U.S.
Postal Service in 39 CFR Parts 14 and 15.
Parts 14 and 15, however, have been deleted from Title 39.
This reference was a portion of Sections 71.5,
" Transportation of licensed material," and 71.7, " Exemption for certain quantities," of 10 CFR Part 71, " Packaging of Radioactive Material for Transport and Transportation of Radioactive Material Under Certain Condi-tions."
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Section 111.1 of 39 CFR Part 111, " General Information on Postal Service," provides as follows:
s 111.1 Postal Service Manual; incorooration by reference of general information on oostal services.
Section 552(a) of title 5, United States Code, relating to the public information requirements of the Administrative Procedure Act, provides in pertinent part that "* *
- matter reasonably available to the class of persons affected thereby is deemed published in the FEDERAL REGISTER when incorporated by reference therein with the approval of the Director of the Federal Register."
In conformity with that provision, and with 39 U.S.C. section 410(b)(1), and as provided in this part, the United States Postal Service hereby incor-porates by reference in this part, Chapter I of its Postal Service Manual, a looseleaf publication published and maintained by the U.S.
Postal Service, Washington, D.C. 20260.
The " Postal Service Manual" is commonly referred to as the " Domestic Mail Manual." The availability of this manual is set forth in 39 CFR 111.2 which provides:
g 111.2 Availability of Chapter I of the Postal Service Manual.
(a) Copies of Chapter I of the Postal Service Manual are available for reference and inspection upon request at the National Headquarters and regional offices of the U.S. Postal Service and at all United States Post Offices and classified stations and branches during narmal business hours.
Regional offices are located in New York, Philadelphia, Memphis, Chicago, and San Francisco.
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(b) A copy of Chapter I of the Postal Service Manual, together with each amendment of it, is on file with the Director, Office of the Federal Register, National Archives and Records Service, General Services Administration, at 1100 L Street, NW., Room 8401, Washington, D.C. 20408.
(c) Copies of the entire Postal Service Manual may be pur-chased from the Superintendent of Documents, Washington, D.C. 20402 for $33.00.
This price includes entitlement to receive, for an indefinite period, changes in the Postal Service Manual which may be published from time to time.
A companion publication entitled Instructions for Mailers excerpts all portions of Chapter I which are directed to the mailing public.
This publication is sold to the public on a subscription basis for $5.00 by the Superintendent of Documents.
Section 124.3, "Radioactivb Material," contained within Part 124, "Nonmailable Matter-Articles and Substances; Special Mailing Rules," of the Domestic Mail Manual, incorporates by reference United States Postal Service Publication 6, a ten page pamphlet entitled "Radioa,ctive Mate-rials." The provisions of this document track the U.S. Department of Transportation (00T) regulations governing the transportation of limited quantities of radioactive materials and are periodically revised to be consistent with the 00T regulations on this subject.
Copies of Publica-tion 6 are available from the U.S. Postal Service, Eastern Area Supply Center, Somerville, New Jersey 08877.
Accordingly, Sections 71.5 and 71.7 of 10 CFR Part 71 are being amended to revise their reference to the regulations of the U.S. Postal Service to read " Postal Service Manual [also known as Domestic Mail l
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Manual], section 124.3, incorporated by reference, 39 CFR 111.1 (1974)."
Inasmuch as these amendments are of a minor, corrective nature, good cause exists for omitting notice of proposed rulemaking, and public procedure thereon, as unnecessary, and for making the amendments effective on (date certain).
Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and sections 552 and 553 of title 5 of the United States Code, the following amendments of Title 10, Chapter 1, Code of Federal Regulations, Part 71, are published as a docu-ment subject to codification.
I 1.
In 6 71.5, paragraph (a) is revised to read as follows:
S 71.5 Transportation of licensed material.
(a) No licensee shall transport any licensed material outside of the confines of his plant or other place of use, or deliver any licensr.d material to a carrier for transport, unless the licensee complies with the applicable requirements of the regulations appropriate to the mode of transport, of the Department of Transportation in 49 CFR Parts 170-189, and the U.S. Postal Service in the Postal Service Manual [Demestic Mail Manual], section 124.3, incorporated by reference, 39 CFR 111.1 (1974),
insofar as such regulations relate to the packaging of byproduct;, source, or special nuclear material, marking and labeling of the packages, load-ing and storage of packages, placarding of the transportation vehicle, monitoring requirements and accident reporting.
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[7590-1]
2.
In 6 71.7, paragraph (b) is revised to read as follows:
9 71.7 Exemotion for certain quantities.
a s
x x
a (b) Except for the requirements specified in 6 71.5, a licensee is exempt from all the requirements of this part to the extent he delivers to a carrier for transport packages subject to the regulations of the Department of Transportation in 49 CFR Parts 170-189 or the U.S. Postal Service in the Postal Service Manual [ Domestic Mail Manual], section 124.3, incorporated by reference, 39 CFR 111.1 (1974), each of which contains no more than a Type A quantity of radioactive material, as' defined in 9 71.4(q), which may include one of the following:
(Secs. 53, 63, 81, 161. b. i. o. Pub. L.83-703, 68 Stat. 930, 933, 935, 948, as amended (42 U.S.C. 2073, 2093, 2111, 2201) Sec. 201, Pub. L.93-438, 88 Stat. 1242, as amended (42 U.S.C. 5841))
Dated at this day of 1980.
For the U.S. Nuclear Regulatory Commission.
William J. Dircks Acting Executive Director for Operations 5