ML20149L632

Forwards Final Rule, Minor Amends to Miscellaneous Cross- References 10CFR30,40,70 & 72, for Signature

ML20149L632
Person / Time
Issue date:	05/22/1996
From:	Morrison D NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20148S858	List: ML20149L582 ML20149L593 ML20149L632 ML20149L636 ML20149L639 ML20149L643
References
FRN-61FR29636, RULE-PR-30, RULE-PR-40, RULE-PR-70, RULE-PR-72 AF50-2, AF50-2-008, AF50-2-8, NUDOCS 9607250038
Download: ML20149L632 (1)

Text

. .

0 5 b 1 ' A Cctg May 22, 1996 PDR MEMORANDUM T0: James M.' Taylor Executive Director for Operations FROM: David L. Morrison, Director original signed by Speis Office of Nuclear Regulatory Research

SUBJECT:

FINAL RULE: MINOR AMENDMENTS TO MISCELLANE0US CROSS-REFERENCES - 10 CFR PARTS 30, 40, 70, AND 12 '

Attached for your signature is a final rule to be publishe in the Federal Register that amends 10 CFR Parts 30, 40, 70, and 72 to cofrect cross-reference errors that were found in the NRC's regulations'./

Background:

/

As a result of several recent changes to the/NRC's regulations affecting decommissioning, several erroneous cross-refefences 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 l Separate Buildings or Outdoor Areas." '

Public Comments: 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.

553(b)(B). For the same reasons, the NRC has determined that good cause exists to waive the 30-day deferred effective date provisions of the APA  :

(5 U.S.C. 553(d)). 1 Backfit Analysis: The staff has determined that a backfit analysis is not I required for this final rule because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR 50.109(a)(1).

Notices: The appropriate Congressional committees will be notified (Attachment 2). A notice to the Commission that the ED0 has signed this rule is attached for inclusion in the next Daily Staff Notes (Attachment 3).

Coordination: The Offices of Administration t.nd Nuclear Material Safety and Safeguards concur in these amendments. The Office of the General Counsel has no legal objection. Resources to implement this rulemaking are included in the FY 1995-1999 Five-Year Plan, and no additional resources would be required for its implementation.

Attachments: 1. Federal Register Notice of Final Rulemaking and disk

2. Congressional Letters

3. Daily Staff Notes Item

4. Approval for Publication DISTRIBUTION: (0:\MCCAUSLA\30 40 70.TAY)

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.....pf June 7,.1996. ,

MEMORANDUM TO: Michael S. Callahan ,

i Senior Congressional Liaison Officer Off ce o~ Con ressional Affairs FROM: ichad TlLeEar, Chief Rules Review Section ,

Rules Review and Directives Branch- '

i L

Division of Freedom of.Information and Publications Services Office of Administration

SUBJECT:

TRANSMITTAL OF CONGRESSIONAL LETTERS l Attached are 2 copies of Congressional letters prepared for l the following Federal Register notice, "Mincr Amendments to Miscellaneous Cror.s-References." The notir.e will be forwarded on ,

June 7, 1996, to the Office of the Federal Register for t

publication. i I

Attachments:

• As stated l

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&f-S[]-S MO June 7, 1996 PDR-The Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power Committee on Commerce l 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 achieve consistency in the cross-references associated with 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, Linda Portner for/

Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

i Federal Register Notice l cc: Representative Frank Pallone l 1

I I DISTRIBUTION-DLMorrison  !

TSpeis  !

l LRiani l JMMcCausland

! l SEE PREVIOUS CONCURRENCES.  !

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June 7, 1996 '

The Honorable Lauch Faircloth, Chairman Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate l

Washington, DC 20510 l

Dear _Mr. Chairman:

l In the near future, the Nuclear Regulatory Commission (NRC) intends to publish

in the Federal Register the enclosed final amendments to the Commission's l rules in 10 CFR Parts 30, 40, 70, and 72. The amendments achieve consistency I

in the cross-references associated with 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, Linda Portner for/

l Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

l Federal Register Notice ,

cc: Senator Bob Graham DISTRIBUTION:

DLMorrison TSpeis LRiani JMMcCausland SEE PREVIOUS CONCURRENCES.

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4

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,29636 Fed:ral Regist;r / Vol. 61, No.114 / Wednesday, June 12, 1996 / Rules and Regulations A F Ea

% Committee met on April 11,1996,' necessary. The Committee's 1996-97 NUCLEAR REGULATORY

• cnd unanimously recommended 199b budget and those for subsequent fiscal COMMMISSION 97 expenditures of $24,462.50 and an periods will be reviewed and, as essessment rate of $0.01 per appropriate, approved by the 10 CFR Parts 30,40,70,72 hundredweight of potatoes. In Department. RIN 3t50-AF50 ~

comparison, last year's budgeted After consideration of all relevant expenditures were $27,362.50. The material presented, including the M!nor Amendments to Miscellaceous essessment rate of $0.01 is $0.01 less infonnation and recommendation Cross-References thus last year's established rate. Major submitted by the Committee and other AGENCY: Nuclear Regulatory expenditures recommended by the available information, it is hereby found Committee for the 199b97 year include that this rule, as hereinafter set forth, Conession.

$11,500 for the manager's salary, $2,400 will tend to effectuate the declared ACTION: Final rule.

for rent, and $1,500 for office supplies, policy of the Act. '

SUMMARY

The Nuclear Regulatory Commissim (NRC)is amending its

$s at te r'ecommended by found dete Ine Pon Sood tha Committee was derived by dividing that it is impracticabie, unnecessary, use mgulauonno he mnesecy in b cross-references associated with several i d b d and contrary to the public interest to recent changes to the NRC's regulations men of Colorado Ar potatoos' Si ve Preliminary notice prior to putting affecting decommissioning. This notice Potato shipments for the year are }

estimated at 1,450,750 hundredweight C nm te ne o id*necessary

• • " to inform the public of which should pmvide $14,507.50 in funds to pay its expenses which are - EUEN dam June 12,1996.

assessment income. Income derived incurred on a continuous basis; (2) the M MNER INMRMAEN MACD

' from rent fromhandler assessments, the sublease interest, of office space i and . 1996-97 fiscal period begins on July 1' . Jayne M. McCausland, Office of Nuclear 1996, and the marketing order re ire Regulatory Research, U.S. Nuclear th3 State inspection service, along with that the rate of assessment for ea funds from the Committee's authorized Regulatory Commission, Washington, fiscal period a ply to all assessable reserve. wn! he adequate to cover potatoes handfod during such fiscal DC 20555-0001, telephone (301) 415-6219, email JMM2@nrc. gov.

budgeted expensest Funds in tne reserve period;(3) handlers are aware of this ,

at the beginning of the 1996-97 fiscal SUPPLEMENTARYINFORMATIOW io action which was unanimously period are estimated at $36,551. Funds achieve consistency in time NRC's recommended by the Committee at a in the reserve will be kept within the public meeting and is similar to other regulations affecting decommissioning, mIximum permitted by the order, the follewing cross-reference revisions essessment rate actions issued in ast in 10 CFR Parts 30,40,70, and 72 are While this rule willimpose some years; and (4) this interim final ru e edditional costs on handlers, the costs provides a 30-day comment period, and being made:

(1) In S S 30.36(d) and 30.36(g)(3), the cre in the form of uniform assessments all comments timely received will be on ell handlers. Some of the additional cr ss-references to paragraph "(f)(1)" are considered prior to finalization of this revised to read "fg)(1)." '

costs may be passed on to producers.

liowever, these costs will be offset by m e. (2) in SS 30.36(g)(3)(vi) and thz benefits derived by the operation of List of Subjects in 7 CFR Part 948 30.36(h)(1) and (h)(2), the cross- l th3 marketing order. Therefore, the AMS references to paragraph "(h)" are revised i Marketing agreements, Potatoes, br.s determined that this rule will not to mad "(f)."

Reporting and recordkeeping (3) In SS 40.42(d) and 40.42(g)(3), the l' have a significant economic impact on mquirements. cross-references to paragraph "(f)(1)" are a substantial number of small entities. '

The assessment rate established in For the reasons set forth in the revised to read "(g)(1)." '

this rule will continue in effect preamble,7 CFR part 948 is amended as (4) In SS 40.42(g)(4)(vi) and indefinitely unless modified, follows: 40.42[h)(1) and (h)(2), the cross-suspended, or terminated by the references to paragraph "(h)" are revised p p to read "(i)," l Secretary upon recommendation and l information submitted by the IN COLORADO (5) In SS 70.38(d) and 70.38(g)(3), the I Committee or other available cross-references to paragraph "(f)(1)" are

1. The authority citation for 7 CFR ini nnation. revised to read "(g)(1)."

part 948 continues to read as follows: (6)In SS 70.38(g)(4)(vii) and Although this assessment rate is effective for an indefinite period, the Authority:7 U.S.C. 601-474. 70.38(h)(1) and (h)(2), the cross-Committee will continue to meet prior 2. A new S 948.215 is added to read _ references to "(h)" are revised to road to or during each fiscal period to as follows: "(i)."

recommend a budget of expenses and (7)In SS 72.54(J)(1) and (j)(2), the

.g.m M  % Gde cmss-mfer consider recommendations for of Federal Regulations, read *,(k).,ences to '(j) are revised to modification of the assessrr ant rate. The dates and times of Committec meetings S 948.215 Aseessment rate.

Because the changes are minor administrative amendments, the NRC ere available imm the Committee or the On and after July 1,199'6, an has determined that good cause exists to Department. Committee meetings are assessment rate of $0.01 per open to the public and interosted hundredweight is established for dispense with the notice and comment persons may express their views at Colorado Area Ill potatoes, pmvisions of the Administrative  ;

those meetings.The Department will Procedure Act (APA) pursuant to 5 l Dated: June 3,1996. U.S.C. 553(b)(B). For the same masons, l evaluate Committee recommendations sharon somer t.auritsen, l the NRC has determined that good cause cnd other available infonnation to Acting Dimeror, fruir and vegetable Division. exists to waive the 30-day deferred ]

determine whether modification of the essessment rate is needed. Further [FR Doc. 96-14756 Filed tW11-96; 8:45 aml effective date provisions of the APA (5  !

rulemaking will be underts. ken as amuwo coor sco-os-p U.S.C. 553(d)).

i e l l

1 h_

g Fed:rd Regist:r / Vol. 61, No.114 / Wednesday, June 12, 1996 / Rules and Regulations 29637

)

e_ EnvironmentalImpact: Categorical control and accounting, Nuclear amended (42 U.S.C 2014(e)(2),2092,2093, I

4 Exclusion  !

materials, Packaging and containers, 2094,2095,2111,2113,2114,2201,2232, The NRC has determined that this Radiation protection, Reporting and 2233,2236,2282h sec. 274, Pub L 86-373, j final rule is the type of action described recordkeeping requirements, Scientific 8 (4 C '*

~

as a categorical exclusion in to CFR equipment, Security measures Special 73[*d 202 88sa '$bs 2 51.22(c)(2).Therefore, neither an nuclear material. amended,1244,1246 (42 U.S.C 5841,5842'

environmental impact statement nor an 5846h sec. 275,92 stat. 3021, as amended by 10 CFR Part 72 Pub. L 97-415,96 Stat. 2067 (42 U.S.C envhonmental assessment has been 20221 r prepared for this final rule. Manpower training programs, Nuclear Section 40 7 also issued under Pub. L 95-materials, Occupational safety and 601, suc.10,92 Stat. 2951, as amended by 4 Paperwork Reduction Act Statement i health, Reporting an trocordkeeping Pub. L 102-486, sec. 2902,106 Stat. 3123 (42 This final rule does not contain a new requirements, Security measures, Spent U.S.C 5851). Section 40.31(g) also issued j

or amended information collection fuel, under sec.122,68 Stat. 939 (42 U.S.C 2152).

requirement subject to the Paperwork For the reasons set out in the Section 40.46 also issued under sec.184,68 d U j

Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing mquirements were Preamble and under the authority of the t 854fg 7 Q [,4d sc 8M Atomic Energy Act of 1954, as amended; Stat. 955 (42 U.S.C 2237)' i

approved by the Office of Management the Energy Reorganization Act of 1974, l j and Budget, approval numbers 3150- as amended; and 5 U.S.C. 552 and 553; $ 40.42 (Amended) 2 0009,3150-0017,3150-0020, and 3150- the Nuclear Regulatory Commission is 0132. , adopting the following amendments to 8. In $ 40.42(d) introductory text, the

]

10 CFR Parts 30,40,70, and 72. cross-reference to " paragraph (f)(1)" is 1

Public Protection Notification revised to read " paragraph (g)(1)."

The NRC may not conduct or sponsor, PART 30-RULES OF GENERAL 9 In S 40.42(g)(2), the cross-reference i and a person is not required to respond APPLICABILITY TO DOMESTIC to l paragraph (f)(1j, is revised to read  ;

to, a collection of information unless it LICENSING OF BYPRODUCT , paragraph (g)(1).

I idirlays a currently valid OMB control MATERIAL 10. In 6 40.42(g)(4%vi), the cross-

• umber' reference to "parsgraph (h)" is revised i

1.The authority citation for Part 30 to read " paragraph (i)."

Regulatory Analysis continues to read as follows: 11. In S 40.42(b)(1), the cross-This final rulemaking does not ~ Authority: Secs.81,82,161,182,183,186, reference to " paragraph (h)" is revised -

3 impose any new requirements or 68 Stat. 935,948,953,954,955, as amended, to read " paragraph (1)."

additional costs to licensees because it sec. 234. 83 Stat. 444, as amended (42 U.S.C 12. In 5 40.42[h)(2), the cross-2111,2112,2201,2232,2233,2236.2282):  !

is administrative in that it achieves :sference to " paragraph (b)" is revised i consistency in cross-references in 8 " 8 d 124iasEnenbk ,1h 202 2b88 to read pangraph (i).

pasting regulations and does not result 584

} in any substantive change.This , '

4 constitutes the regulatory analysis for s o 30 a so issued under Pub. L 95- PART 70-DOMESTIC LICENSING OF ,

601, sec.10,92 Stat. 2951 as amended by l

this final rule. Pub. L 102-485, sec. 2902,106 Stat. 3123 (42

13. The authority citation for Part 70 3 Backfit Analysis U.S.C 5851). Section 30.34(b) also issued under sec.184,68 Stat. 954, as amended (42 continues to read as follows:

j The NRC has determined that the U.S.C 2234). Section 30.61 also issued under Authority: Secs. 51,53,161,182,183,68 backfit rule,10 CFR 50.109, does not sec.187,68 Stat. 955 (42 U.S.C 2237). Stat. 929,930,948,953,954, as arnended.

{

apply to this final rule and, therefore, sec. 234,83 Stat. 444, as amended, sec.1701, that a backfit analysis is not required for $ 30.36 [ Amended) 106 Stat. 2951,2952,2953 (42 U.S.C 2071,  ;

this rulemaking because these 2. In $ 30.36(d), the cross-reference to 2073,2201,2232,2233. 2282,2297f), secs.

i amendrnents do not involve any " Paragraph (f)(1)" is revised to read 201.as amended,202. 204,206,88 Stat.

provision that would impose backfits as " Paragraph (g)(1)." 1 4 45 1246 (42 y2 asamer 1

defined in to CFR 50.109(a)(1)' 3. In $ 30.36(g)(3), the cross-reference -

to " paragraph (f)(1.)" is revised to read Sections 70.1(c) and 70.20a(b) also issued l

} List of Subjects " paragraph (g)(1). under secs. 135,141 Pub. L 97-425,96 Stat.

10 CFR Part 30 2232,2241 [42 U.S.C 10155,10161). Section

4. In 6 30.36(g)(4)(vi), the cross . 70.7 also issued under Pub. L 95-601, sec.

B roduct material, Criminal referenc to " paragraph (b)* is revised 10,92 Stat. 2951 (42 U.S.C 5851). Section q pen es, vernment contracts, to read paragraph (1)- 70.21(g) also issued under sec.122,68 Stat.

latergovernmental relations, Isotopes, 5. In $ 30.36 (h)(1), the cross-reference 939 (42 U.S.C 2152). Section 70.31 also 7 Nuclear materials, Radiation protection, to " paragraph (b)"is revised to read issued under sec. 57d, Pub. L 93-377,88 j ,,pacagraph (1)." Stat. 475 (42 U.S.C 2077). Sections 70.36 and Reporting and recordkeeping 6. In S 30.36(h)(2), the cross-reference 70.44 also issued under sec.184,68 Str,t. 954, I requirements.

to " paragraph (b)"is revised to read as ananded (42 U.S.C 2234). Section 70.81 to CFR Part 40 " Paragraph (1).., als issued under secs.186,187,68 Stat. 955 9

(42 U.S.QL 2236,2237). Section ;ti."1 also l Criminal penshies, Government issued under sec.108,68 Stat. 93.' e.c PART 40-DOMESTIC LICENSING OF _

contracts. Hazardous materials amended (42 U.S.C 2138).

transportation, Nuclear materials, SOURCE MATER 6AL-Reporting and recordkeeping 7. The authority citation for Part 40 IIE88 IA***d*dl requirements, Source material. -

continues to read as follows: 14. In S 70.38(d) introductory text, the Uranium. Authority: Secs.62,63,64,65.81,181, "' " "C' " Paragraph (f)(1)

O CFR Part 70 182,183,186. 68 Stat. 932,933,935,948, revised to read ,', paragraph (g)(1).,, "is 953, 954, 955, as amended, secs.11e(2), 83, 15. In S 70.38(g)(3), the cross-reference Criminal penalties,liazardous 84 Pub. L 95-604,92 Stat. 3033, as to " paragraph (f)(1)" is revised to read materials transportation, Material amended,3039, sec. 234,83 Stat. 444, as " paragraph (g)(1)."

29638 Fed:rd Regist:r / Vol. 61 No.114 / Wednesday, June 12, 1996 / Rules and Regulations O, 16. In 5 70.38(g)(4)(vil), the cross- FEDERAL RESERVE SYSTEM December 20,1995). The proposed reference to " paragraph th)"is revised '

amendments eliminated unnecessary to read " paragraph (1)." 12 CFR Part 219 provisions and updated the rates to be

17. In 6 70.38(h)(1), the cross- [ Regulation S; Docket No. R-0906] Paid and the exceptions to the '

reference to " paragraph (h)" is revised Provisions of this Subpart.  !

to reed "nagraph (i)." Reimbursement for Providing Financial Suminaryofcomments:The Board '

18. In S 76.38(h)(2), the cross. Records; Recordkeeping received 21 comments on the proposed t Requirements for Certain Financial revisions-19 from banks or bank reference to " paragraph (h)" is revised j Records holding companies, one from a trade to read " paragraph (i).,,

ass clation, and one from a Federal AGENCY: Board of Governors of the PART 72--LICENSING Federal Reserve System. Reserve Bank. All comments supported j REQUIREMENTS FOR THE ACTION: Final rule.

updating and streamlining the q

INDEPENDENT STORAGE OF SPENT Provisions of the regulation. Several 1 FUEL AND HIGH-LEVEL RADIOACTIVE

SUMMARY

The Board of Governors of the comments, however, requested further l WASTE Federal Reserve System (Board) has changes in the proposed regulation.  ;

approved amendments to Subpart A of These requests for additional changes

19. The authority citation for Part 72 Regulation S, which implements the covered two categories-the proposed continues to read as follows: requirement under the Right to fee structure, and the exemptions from Authority: Secs. 51,53,57,62,63,65,69 nandal Macy M MM Oat b bb i 81,161,182,183,184,186,187,189,68 Stat. Board establish the rates and conditions Fees. Ten of the 21 comments i 929,930,932,933,934,935,948,953,954 . under which payment shall be made by requested further changes in the fee 955, as amended, sec. 234,83 Stat. 444, as a government authority to a financial schedule. The current fees are 510.00 amended (42 U.S.C 2071,2073,2077,2092, institution for assembling or providing Per hour for search and processing time, 2093,2095,2099,2111,2201,2232,2233, financial records pursuant to RFPA. and S.15 per page for reproduction, The 2234, 2236,2237,2238, 2282); sec. 274. Pub. These amendments update the fees to be PmPOSed fee 8 Provided for two levels of L 86-373,73 Stat. 688, as amended (42 charged and streamline the subpart - reimbursement for search and U.S.C 2021): sec. 201, as amended, 202,206, generally, processing time: clerical time at $11.00 88 Stat.1242, as amended, 1244,1246(42 EFFECTNE DATE: July 12,1996. Per hour, and managerial time at $17.00 U.S.C 5841,5842,5846); Pub. L 95-601, suc. per hour. Proposed fees for reproduction FOR FURTHER INFORMATION CONTACT:

10,92 Stat. 295 as amended by Pub. L 102- were left at 5.15 per page. Of the nine 486, sec. 7902.106 Stat. 3123 (42 U.S.C.

Elaine M. Boutiller, Senior Counsel (202/452-2418), Legal Division, Board conunents that specifically discussed 5851); sec.102, Pub. L 91-190,83 Stat. (42 of Governors of the Federal Rewrve the reimbursement rate for search and ub 7 425,9 S at. 2229 223 System, Washington, DC 20551. For {']88j" *su P Pr0 ed gr, er 9 2232,2241, sec.148, Pub. L 100-203, tot users of the Telecommunication Device Stat.1330-235 (42 U.S.C 10151,10152, for the Deaf (TDD), please contact Of the ten comments that focused on the 10153.10155,10157.10181.10168). Dorothea Thompson (202/452-3544). proposed reproduction fees, two supported the proposed fees and sight SUPPLEMENTARY INFORMATION: requested that they be raised. The 14 ) nd 8 ( , bL 203$1 Stat.1330-232,1330-236 (42 U.S.C Background suggested reproduction fees ranged from 10162(bl.10168(c),(d). Section 72.48 also 5. S to $3.00 par page for paper copies, issued under sec.189,68 Stat. 935 (42 U.S.C Section 1115 of the RFPA (12 U.S.C ,

2239); sec.134, Pub. L 97-425,96 Stat. 2230 3415) requires the Board to establish, by and 5.25 to $100 for micmfiche copies.

regulation, the rates and conditions Other mir+ellaneous comments on the (42 U.S.C 10154). Section 72.96(d) also under which ayment is made by a fee schedule included two comments issued under sec.145(g), Pub. L 100-203; P G vemment au6orhy to a Bnancial requesting that fees be periodically 101 Stat.1330.-235 (42 U.S.C 10165(g)). - adjusted to account for inflation, a subpart I also issued under secs. 2(2). 2(15), institution for searching for, reproducmg, or transporting data uest for a definition of the terms 2(19),117(a),141(b), Pub. L 97-425,96 Stat. ..c crical/ technical" and " manager /

2202,2203,2204,2222,2244 (42 U.S.C required or requested under the RFPA.

10101,10137(a),10161(h). Subparts K and L Shortly af er the RFPA was adopted, the supervisory", a request that a new are also issued under sec.133,96 Stat. 2230 Board tssued Regulation S (12 CFR 219) cat o be added for reimbursement for (42 U.S.C 10153) and 218(a),96 Stat. 2252 to implement this provision (44 FR leg a vice, and a request that the regulation specify that search /

(42 U.S.C 10198). 55812, September 28,1979). In January processing time should be billed in 15-1995, the Board adopted a new Subpart

$ [ monded) minute increments. .

B of Regulation S 8 and designated this Excepdons.The proposed regulation

20. In 6 72.54(j)(1), the cross-reference part of Regulation S as Subpart A (60 FR to " paragraph (j)"is revised to read 231. January 3,1995). No substantive updated the list of statutory exceptions

" paragraph (k)." changes were made m that rulemaking wherein a financial institution is not i

id entitled to reimbursement under the l 21. In S 72.54(i)(2), the cross-reference I kg,"uantb g ated ubp og g, RFPA. Eight of the 21 conunenters

to " paragraph (1)"is revisec' to read bjected to these exceptions, stating that Commt.nity Development and

" Paragraph (k)." they cover the vast majorit ofthe 3 R latory improvement Act of1994, 3

Dated at Rockville, Maryland, this 29th day Pu 1.103-325 (12 U.S.C. 4803), the searches required.These o jections of May,1996. Board reviewed Subpart A of Regulation f cused primarily on the exception for

} For the Nuclear Regulatory Commission. S and issued for comment proposed "9 8

",,0 "",,d ,

" U' e9

James M. Taylor, amendments to update it (60 FR 65599, American Bankers Association, while j Executive Directorfor Opemtions,

'" acknowledging that the exceptions are (FR Doc. 96-14897 Filed 6-11-06; 8:45 am) ,"2 set by statute, not the Board, stated that ee a[e f sa uwo coot 7sso-ow unta May 28. me. these exceptions " effectively exclude f

. . . ,_ .- . , - ._ , -- . -.