ML20149L582
| ML20149L582 | |
| Person / Time | |
|---|---|
| Issue date: | 03/07/1996 |
| From: | Morrison D NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Paperiello C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| Shared Package | |
| ML20148S858 | List: |
| References | |
| FRN-61FR29636, RULE-PR-30, RULE-PR-40, RULE-PR-70, RULE-PR-72 AF50-2, AF50-2-004, AF50-2-4, NUDOCS 9604010017 | |
| Download: ML20149L582 (16) | |
Text
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,V March 7, 1996 MM4N MEMORANDUM T0:
Carl J. Paperiello, Director, NMSS William J. Olmstead, Associate General Counsel for Licensing and Regulation, OGC David L. Meyer, Chief, ADM/RRDB FROM:
David L. Morrison, Director, RES
/s/ Joseph A. Murphy for
SUBJECT:
0FFICE REVIEW AND CONCURRENCE ON A FINAL RULE:
10 CFR PARTS 30, 40, 70, AND 72, " MIN 0R CORRECTIONS" Your concurrence is requested on the attached Federal Register notice for the subject final-rule.
1.
Title:
Minor. Corrections - 10 CFR Parts 30, 40, 70, and 72 2.
RES Task Leader: Jayne M. McCausland, 415-6219 3.
Cognizant Individuals: NMSS - T. C. Johnson 0GC - R. L. Fonner ADM - M. Lesar S. H. Lewis 4.
Reauested Action: Review and provide office concurrence on the attached final rulemaking package.
5.
Reauested Completion Date: March 28, 1996 6.
Background:
As a result of several recent changes to the NRC's regulations affecting decommissioning, several erroneous cross references were noted in 10 CFR Parts 30, 40, 70, and 72. This final rule corrects the cross reference errors found in 55 30.36, 40.42, 70.38, and 72.54, which are all titled " Expiration and termination of licenses and decommissioning of sites and separate buildings or outdoor areas."
7.
No additional resources are anticipated to implement the rule. A copy of this concurrence package has been forwarded to the Office of the Controller for coordination of resource issues per the EDO memorandum of June 14, 1991.
Attachments:
1.
Federal Register Notice 2.
Congressional Letters 3.
Daily Staff Notes Item 4.
Approval for Publication _
cc w/att:
R. M. Scroggins, OC R. L. Fonner, OGC J. Norton, IG S. H. Lewis, 0GC T. C. Johnson, NMSS M. Lesar, ADM DISTRIBUTION:
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- see previous concurrences h
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NUCLEAR REGULATORY COMMISSION 10 CFR PARTF 30, 40, 70, 72 RIN M50-Minor Corrections AGENCY: Nuclear Regulatory Commission.
ACTION:
Final rule: Corrections.
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SUMMARY
Several erroneous cross references have been noted in 10 CFR Parts 30, 40, 70, and 72. This final rule corrects the cross reference errors found in 55 30.36, 40.42, 70.38, and 72.54, which are all titled " Expiration and termination of licenses and decommissioning of sites and separate buildings or outdoor areas."
EFFECTIVE DATE: Upon publication.
FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commis: ion, Washington, DC 20555-l 0001, telephone (301) 415-6219, email JMM2@nrc. gov.
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l SUPPLEMENTARY INFORMATION:
l As a result of several recent changes to the NRC's regulations affecting decommissioning, the following cross reference errors were noted in 10 CFR parts 30, 40, 70, and 72:
(1)
In 10 CFR 30.36(d) and (g)(3), the cross references to paragraph
"(f)(1)" are corrected to read "(g)(1)."
(2)
In 10 CFR 30.36(g)(3)(vi) and (h)(1) and (2), the cross references to paragraph "(h)" are corrected to read "(i)."
(3)
In 10 CFR 40.42(d) and (g)(3), the cross references to paNpraph
"(f)(1)" are corrected to read "(g)(1)."
(4)
In 10 CFR 40.42(g)(4)(vi) and (h)(1) and (2), the cross references to paragraph "(h)" are corrected to read "(i)."
(5)
In 10 CFR 70.38(d) and (g)(3), the cross references to paragraph
"(f)(1)" are corrected to read "(g)(1)."
(6)
In 10 CFR 70.38(g)(4)(vii) and (h)(1) and (2), the cross references to "(h)" are corrected to read "(i)."
(7)
In 10 CFR 72.54(j)(1) and (2), the cross references to "(j)" are corrected to read "(k)."
Because the changes are minor corrective amendments, the NRC has determined that good cause exists to dispense with the notice and comment provisions of the Administrative Procedure Act (APA) pursuant to 5 U.S.C.
1 553(b)(B).
For the same reasons, the NRC has determined that good cause f
l exists to waive the 30-day deferred effective date provisions of the APA l
l (5 U.S.C. 553(d)).
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I Environmental Impact:
Categorical Exclusion l
The NRC has determined that this rule is the type of action described as l
a categorical exclusion in 10 CFR 51.22(c)(2). Therefore, neither'an environmental impact statement nor an environmental assessment has been t
prepared for this final rule.
Paperwork Reduction Act Statement i
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i This final rule does not contain a new or amended information collection i
requirement subject to the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
l Existing requirements were approved by the Office of Management and Budget, j
i approval numbers 3150-0009, 3150-0017, 3150-0020, and 3150-0132.
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Regulatory Analysis i
i A regulatory analysis has not been prepared for this rule because it is l
l administrative in that it corrects erroneous cress references in existing i
regulations and does not result in any substantive change.
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Backfit Analysis l
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i The NRC has determined that the backfit rule,'10 CFR 50.109, does not l
l apply to this final rule and, therefore, that a backfit analysis is not l
required for this rulemaking because these amendments do not involve any f
provision that would impose backfits as defined in 10 CFR 50.109(a)(1).
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List of Subjects l
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i 10 CFR Part 30 Byproduct material, Criminal penalties, Government contracts, Intergovernmental relations, Isotopes, Nuclear materials, Radiation protection, Reporting and recordkeeping requirements.
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Criminal penalties, Government contracts, Hazardous materials r
transportation, Nuclear materials, Reporting and recordkeeping requirements.
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Criminal penalties, Hazardous materials transportation, Material control l
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and accounting, Nuclear materials, Packaging and containers, Radiation j
l protection, Reporting and recordkeeping requirements, Scientific equipment, 1
i Security measures, Special nuclear material.
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i 10 CFR Part 72 Manpower training programs, Nuclear materials, Occupational safety and i
health, Reporting and recordkeeping requirements, Security measures, Spent f
l fuel.
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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 3
adopting the following amendments to 10 CFR Parts 30, 40, 70, and 72.
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4 PART 30 - RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING 0F BYPRODUCT MATERIAL 1.
The authority citation for Part 30 continues to read as follows:
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AUTHORITY:
Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948, 953, l
954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2111,
- 2112, 2201, 2232, 2233, 2236, 2292); 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. 102-485, 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).
l 5 30.36 IAmendedl l
2.
In 5 30.36(d), change the cross reference " paragraph'(f)(1)" to read
" paragraph (g)(1)."
l-3.
In i 30.36(g)(3), change the cross reference " paragraph (f)(1)" to read " paragraph (g)(1)."
4.
In 5 30.36(g)(4)(vi), change the cross reference " paragraph (h)"_to j
read " paragraph (1)."
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In 5 30.36 (h)(1), change the cross reference " paragraph (h)" to read " paragraph (i)."
6.
In 5 30.36(h)(2), change the cross reference " paragraph (h)" to read
" paragraph (i)."
PART 40 - DOMESTIC LICENSING 0F SOURCE MATERIAL 7.
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 (41 U.S.C. 5851).
i 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 40.42 IAmendedl 8.
In 5 40.42(d), change the cross reference " paragraph (f)(1)" to read
" paragraph (g)(1)."
9.
In 5 40.42(g)(3), change the cross reference " paragraph (f)(1)" to read " paragraph (g;(1)."
10.
In 5 40.42(g)(4)(vi), change the cross reference " paragraph (h)" to l.
. read'" paragraph (1)."
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In 5 40.42(h)(1), change the cross reference " paragraph (h)" to l
l read " paragraph (1)."
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12.
In 5 40.42(h)(2), change the cross reference " paragraph (h)" to l
i read-" paragraph (1)."-
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PART 70 - DOMESTIC LICENSING 0F SPECIAL NUCLEAR MATEP.IAL I
13.
The authority citation for Part 70 continues to read as follows:
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i AUTHORITY:
Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 953,
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954, as amended, sec. 234, 83 Stat. 444, as amended, sec. 1701, 106 Stat.
2951, 2952, 2953 (42 U.S.C. 2071, 2073, 2201, 2232, 2233,' 2282, 2297f), secs. 201, as amended, 202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42 b.S.C. 5841, 5842, 5846).
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l Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). - Section 70.7 also l
issued under Pub. L.95-601, sec. 70.21(g) also issued under sec.122, 68 i
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).
Sections 70.36 and 70.44 also issued l
under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234).
Section 70.61 also j.-
issued under~ secs. 186, 187, 68 Stat. 955-(42 U.S.C. 2236, 2237).
Section l
70.62 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).
$ 70.38 IAmendedl 14.
In 5 70.38(d), change the cross reference " paragraph (f)(1)" to read " paragraph (g)(1)."
15.
In i 70.38(g)(3), change the cross reference " paragraph (f)(1)" to read " paragraph (g)(1)."
16.
In 5 70.38(g)(4)(vii), change the cross reference " paragraph (h)"
to read." paragraph (1)."
17.
In 5 70.38(h)(1), change the cross reference " paragraph (h)" to read " paragraph (1)."
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In 5 70.38(h)(2), change the cross reference " paragraph (h)" to i
i read " paragraph (1)."
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J PART 72 - LICENSING REQUIREMENTS FOR THE-INDEPENDENT STORAGE OF j
SPENT FUEL AND HIGH-LEVEL RADI0 ACTIVE WASTE 19.
The authority citation for Part 72 continues to read as follows:
AUTHORITY:
Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 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, 2238, 2282); sec. 274, Pub. L.86-373, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); Pub. L.95-601, sec. 10, 92 Stat. 295 as amended by Pub. L. 102-486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L.91-190, 83 Stat. (42 U.S.C. 4332); secs. 131, 132, 133, 135, 137, 141, Pub. L.97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168).
Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), Pub. L.
100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 10168(c), (d).
' Section 72.46 also issued under sec. 189, 68 Stat. 935 (42 U.S.C. 2239); sec. 134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C. 10154).
Section 72.96(d) also issued under sec. 145(g), Pub. L. 100-203; 101 Stat. 1330-235 (42 U.S.C.
10165(g)).
Subpart J also issued under secs. 2(2),2(15),2(19),117(a),
141(h), Pub. L.97-425, 96 Stat. 2202, 2203, 2204, 2222, 2244 (42 U.S.C.
10101,10137(a),10161(h). Subparts K and L are also issued under sec. 133, 96 Stat. 2230 (42 U.S.C. 10153) and 218(a), 96 Stat. 2252 (42 U.S.C. 10198).
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5 72.54 IAmendedl 20.
In 5 72.54(j)(1), change the cross reference " paragraph (j)" to read " paragraph (k)."
21.
In 5 72.54(j)(2), change the cross reference " paragraph (j)" to read " paragraph (k)."
Dated at Rockville, Maryland, this day of
, 1996.
For the Nuclear Regulatory Commission.
James M. Taylor, Executive Director for Operations.
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ATTACHMENT 2 CONGRESSIONAL LETTERS l
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UNITED STATES g
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NUCLEAR REGULATORY COMMISSION o
C WASHINGTON, D.C. 2006EW001
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s,..../
l The Honorable Lauch Faircloth, Chairman l
Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works i
United States Senate Washington, DC 20510
Dear Mr. Chairman:
i In the near future, the Nuclear Regulatory Commission (NRC) intends to publish in the Federal Register the enclosed final amendments to the Commission's rules in 10 CFR Parts 30, 40, 70, and 72. The amendments correct erroneous cross references that were noted as a result of sever:1 recent changes to the NRC's regulations affecting decommissioning.
I These changes will have no adverse impact on health and safety of workers or the public and are not expected to impose any significant burden on licensees.
Sincerely, l
Dennis K. Rathbun, Director-i Office of Congressional Affairs
Enclosure:
Federal Register Notice J
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cc: Senator Bob Graham l
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n oq UNITED STATES
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2056tH201
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The Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power Committee on Commerce United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
In the near future, the Nuclear Regulatory Commission (NRC) intends to publish in the Federal Register the enclosed final amendments to the Commission's rules in 10 CFR Parts 30, 40, 70, and 72. The amendments correct erroneous cross references that were noted as a result of several recent changes to the NRC's regulations affecting decommissioning.
These changes will have no adverse impact on health and safety of workers or the public and are not expected to impose any significant burden on licensees.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Federal Register Notice cc:
Rep. Frank Pallone
e DAILY STAFF NOTES OFFICE OF NUCLEAR REGULATORY RESEARCH Final Rule Sioned by EDO On
, 1996, the Executive Director for Operations approved a final rule, " Minor Corrections," that amends 10 CFR Parts 30, 40, 70, and 72. This rule corrects cross reference errors found in 55 30.36, 40.42, 70.38, and 72.54, which are all titled " Expiration and termination of licenses and decommissioning of sites and separate buildings or outdoor areas."
This notice informs the Commission that, in accordance with the rulemaking authority delegated to the EDO, the EDO has signed this final rule and proposes to forward it on
, 1996, to the Office of the Federal Register for publication, unless otherwise directed by the Commission.
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l Approved for Publication l
The Commission delegated to the EDO (10 CFR 1.31(a)(3)) the authority to L
develop and promulgate rules as defined in the APA (5 U.S.C. 551 (4)) subject
.to the limitations in NRC Manual Chapter 0103, Organization and Functions, i
l Office of the Exacutive Director for Operations, paragraphs 0213, 038, 039, j
and 0310.
t The enclosed final rule, " Minor Corrections," would correct erroneous cross j
i references in 10 CFR Parts 30, 40, 70, and 72 that resulted from several l
l recent changes to the NRC's regulations affecting decommissioning.
This final rule does not constitute a significant question of policy, nor does l
l it amend regulations contained in 10 CFR Parts 7, 8, or.9 Subpart C concerning i
matters of policy.
I, therefore, find that this rule is within the scope of
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my rulemaking authority and am proceeding to issue it.
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l Date James M. Taylor j
i Executive Director for Operations l
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