ML20149L636
| ML20149L636 | |
| Person / Time | |
|---|---|
| Issue date: | 03/22/1996 |
| From: | Meyer D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Morrison D NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20148S858 | List: |
| References | |
| FRN-61FR29636, RULE-PR-30, RULE-PR-40, RULE-PR-70, RULE-PR-72 AF50-2, AF50-2-006, AF50-2-6, NUDOCS 9607250060 | |
| Download: ML20149L636 (21) | |
Text
{{#Wiki_filter:.i_. .... ~... _ _ s,' PD2-kB UCg, g UNITED STATES cc: Morris NUCLEAR REGULATORY COMMISSION ~ Glenn_..... E WASHINGTON, D.C. 20555-0001 1 %,,...,, /a File \\ m i March 22, 1996 MEMORANDUM T0: David L. Morrison, Director O of Nuc ear Re ulatory Research / p Rules Review and Directives Branch FROM: eyer, Chief ~ Division of Freedom of Information and Publications Services Office of Administration i
SUBJECT:
OFFICE REVIEW AND CONCURRENCE ON FINAL RULE, " MINOR AMENDMENTS TO MISCELLANEOUS CROSS REFERENCES" r The Office of Administration concurs, subject to the comments provided, on the final rule package regarding minor amendments to miscellaneous cross references. We have attached a copy of the marked final rule package that presents our comments. When this notice is forwarded for signature and publication, please have a member of your staff include a 3.5-inch diskette that contains a copy of the notice in Wordperfect 5.0 or 5.1 as part of the transmittal package. The d',skette will be forwarded to the Office of the Federal Register and the Government Printing Office for their use in typesetting the notice. i We have forwarded a copy of the final rule to the Information and Records Management Branch, Office of Information Resources Management, for their comment and concurrence concerning the paperwork management aspects of this rulemaking action. We have requested that they respond directly to you. To assist you in preparing the list of documents centrally relevant to this final rule that is required by NRC's regulatory history procedures, you should place the designator "AF50-2" in the upper right-hand corner of each document concerning the rule that you forward to the Nuclear Documents System. If you have any questions concerning this matter, please have a member of your staff contact Betty K. Golden, 415-6863, or Michael T. Lesar, 415-7163, Rules Review Section, Division of Freedom of Information and Publications Services.
Attachment:
l As stated I J i i p_- - Y YS ?
e i i r, o t [7590-01-P] LEARhULATORYC N MISSION 10 CFR RTS 30, 40, 70, 72 RIN 3150 M 6 0 &TR l fMnor h m f NtR 9b $ hO fiinor Cerrections.(g g g 1B e%< mc e s AGENCY: Nuclear Regulatory Commission. 1 O b N';j(1 J ACTION: Final rule 0' Corrections _ __j SUMMAR 5everal erroneous cross references have been noted in 10 CFR Parts /30, 40, 70, and 72. This final rule corrects the cross reference errors found 1 \\ / i in 55 30.36, 40.42, 70.38, and 72.54, which are all titled " Expiration and l l } l ( termination of licenses and decommissioning of sites and separate buildings or / d \\( outdoor areas." [ EFFECTIVE DATE: Upon publication, o FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Nuclear l Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6219, email JMM20nrc. gov. 3(j.A O ]On Illy g)jJ0 T. T>RI yudC ~70. 00N so,40no. Ff10 r
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SUMMARY
The Nuclear Regulatory Commission (NRC) is amending its re ulations to correct erroneous crossireferences that were noted as S resultIde/pom e veral recent changes to the NRC's regulations affecting decommissioning. This notice is necessary to inform the public of these corrections. l l i i 1 l } l
I SUPPLEMENTARY INFORMATION: As a result of several recent, changes to the NRC's regulations affecting decommissioning,thefollowingcross7referenceerrorswerenotedin10CFR parts 30, 40, 70, and 72: g.3 g 55 (1)' In le-EfR 30.36(d) and (g)(3), the crossIreferences to paragraph y "(f)(1)" are corrected to read "(g)(1)." .M gg 30s3G ( (2) In 10-GFR 30.36(g)(3)(vi) and (h)(1[ and'(2), the cross ^ references j j to paragraph "(h)" are corrected to read "(i)." (3) In le-{FR 40.42(d) and (g)(3), the crossTreferences to paragraph s f,qa l M e i "(f)(1)" are corrected to read "(g)(1)." AO.G y (4) In 10-GFR 40.42(g)(4)(vi) and (h)(1) and (2), the cross references s 'M 1 l to paragraph "(h)" are corrected to read "(1)." d l 70 GS i (5) Ingle-70.38(d) an%(g)(3), the crossereferences to paragraph { "(f)(1)" are corrected to read "(g)(1)." sf 90dt g i (6) Ing0--Efg70.38(g)(4)(vii) and (h)(1)' and (2), the cross 7 references to "(h)" are corrected to read "(1)." i Vti 0) (7) In 14-0Fh72.54(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 gcod cause exists to dispense with the notice and comment ) l 1 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)). l 2 l l l l
i l j Environmental Impact: Categorical Exclusion I qW' The NRC has determined that this rule is the type of action described as t a categorical exclusion in 10 CFR 51.22(c)(2). Therefore, neither an 4 l-environmental impact statement nor an environmental assessment has been prepared for this final rule. j i j Paperwork Reduction Act Statement [ d f I This final rule does not contain a new or amended information collection oV 19 95 i y requirement subject to he Paperwork Reduction Act (44 U.S.C. 3501 et seq.). l Existing requirements were approved by the Office of Management and Budget, i approval numbers 3150-0009, 3150-0017, 3150-0020, and 3150-0132. 1 i 1 Regulatory Analysis 7%s Ung\\ vu\\emqb does ncd impec ang new re%4demenis 3 I 4Mdioned tos\\s Ao Ucensees i or -A regehtery selycit h= =t b;cr, prepared fer tMs-rde' because it is ~ administrative in that it corrects erroneous cross references in existing i regulations and does,not result in any substantive change. INS tonsMLdes khe. s teS%Metq O(nq\\t{Si5 Sof NIS kin 4 k PMI6Ci> Backfit Analysis The NRC has determined that the backfit rule,10 CFR 50.109, does not j apply to this final rule and, therefore, that a backfit analysis is not required for this rulemaking because these. amendments do not involve any provision that would impose backfits as defined in 10 CFR 50.109(a)(1). ) j
i .i i List of Subjects 10 CFR Part 30 1 Byproduct material, Criminal penalties, Government contracts, f Intergovernmental relations, Isotopes, Nuclear materials, Radiation { i protection, Reporting and recordkeeping requirements. i i I { 10 CFR Part 40 Criminal penalties, Government contracts, Hazardous materials-j f transportation, Nuclear materials, Reporting and recordkeeping requirements ooucee ma\\ecdi \\.\\ rg. 10 CFR Part 70 i Criminal penalties, Hazardous materials transportation, Material control and accounting, Nuclear materials, Packaging and containers, Radiation i i protection, Reporting and recordkeeping requirements, Scientific equipment, [ l Security measures, Special nuclear material. l l t 10 CFR Part 72 Manpower training programs, Nuclear materials, Occupational safety and l health, Reporting and recordkeeping requirements, Security measures, Spent-fuel. i t l I t for the reasons set out in the preamble and under the authority of the l Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, j as amendedi ana 5 U.S.C. 552 and 553; the Nuclear Regulatory Commission is adopting the following amendments to 10 CFR Parts 30, 40, 70, and 72. i 4 3 1 i
[. o I PART 30 - RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL 1. The authority citation for Part 30 continues to read as follows: l AUTi10RITY: Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948, 953, i 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 20 as amended, 202, 206, 88 Stat. v 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846). i 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). 5 30.3,6 IAmendedl is ccvised p 2. In i 30.36(d), the crossIreferencel" paragraph (f)(1)" to read " paragraph (g)(1)." is 04Vl54 n thecrossrIreferenceI" paragraph (f)(1)Kto 3. In 5 30.36(g)(3) cian read " paragraph (g)(1)." is reW58A o In 5 30.36(g)(4)(vi), h the cross referencek" paragraph (h)"g 4. to read " paragraph (i)." j l l l 5
le is revised 5. In 5 30.36 (h)(1), ' hange the cross reference l" paragraph (h)" to read " paragraph (U.# g is revised In530.36(h)(2),changethecrossreferencel" paragraph (h)"gtoread 6. " 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, a. as amended by Pub. L. 102-486,sec.2902,106 Stat.3123(4)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). I 6 l l
i + l r l 5 40.42 IAmendedl j gg TEN 4 8. In 5 40.42(d), hange he crossareference!" paragraph (f)(1) to read " paragraph (g)(1)." 4 45 f CVIS# 9. In 5 40.42(g)(3), chang the cross referencel" paragraph (f)(1) to L read " paragraph (g)(1)." t. b is CEV85eb 10. In 5 40.42(g)(4)(vi), Odthe crossereferencel" paragraph (h)' to read " paragraph.(1)." 4 (s revisel ) P In 5 40.42(h)(1), h el e crossIreference!" paragraph (h)"p th ~ 11. to read " paragraph (i)." j ID '# 5 reve5Cd In540.42(h)(2),'qh thecross[referencel" paragraph (h)"to 12. read." paragraph (1)." PART 70 - DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
- 13. The authority citation for Part 70 continues to read as follows:
l AUTHORITY: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 953, 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. l 201, as amended, 202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245,-1246 l [ l (42 U.S.C. 5841, 5842, 5846). l /\\ l 58 % 7 ~
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 i W.r. to, Q a h 3 9 s / (4 2 US.C. 58 5/)g / issued under Pub. L. 95-601,YSc. 70.21(g) also issuett Undersec. --122r68 V l c 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 under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 70.61 also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 2237). Section 70.62 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138). 5 70.38 IAmendedl 55 f t Vi5 eb p f v 14. In i 70.38(d), the cross / reference " paragraph (f)(1)" to read " paragraph (g)(1)." is revised l h r ~ 15. Ini70.38(g)(3), change)thecrossrreferencel" paragraph (f)(1)"to read " paragraph (g)(1)." s (O~ y In 5 70.38(g)(4)(vii), h the crossIreferencel" paragraph (h)" reviseJl 16. is to read " paragraph (1)." j $ revised )* ~. :, \\.- -, 17. In i 70.38(h)(1), g gy the crossereference " paragraph (h)" to read " paragraph (1)." ,o ]v g te V!S'S m In570.38(h)(2), change)hecrossereferenceI" paragraph (h)"to 18. read " paragraph (1)." J I l
i PART 72 - LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 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 i (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). j. .Section 72.46 also issued under sec. 189, 68 Stat. 935 (42 U.S.C. 2239); sec. l l 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).
9 I
.. _ =. 5 72.54 IAmendedl I8 (g teVICPd / r 20. In572.54(j)(1),(c the cross ^ reference " paragraph (j)' to h read " paragraph (k)." (C ViS 'b b \\ S 21. In 5 72.54(j)(2), change the crossareferencel" 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. l I ~ 10 1
4 e e ATTACHMENT 2 CONGRESSIONAL LETTERS i l \\ i 1 l
, e5 * "'? y 6 4 4 h UNITED STATES i g s j NUCLEAR RT 3ULATORY COMMISSION 2 WA IHINGTON, D.C. 2056fM001 l f i 4,*****s/ i i The Honorable Lauch Faircloth, Chairman l Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510
Dear Mr. Chairman:
1 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 crossTreferences that were noted as a result of several recent changes to the NRC's regulations affecting decommissioning. j 1 These changes will have no adverse impact ca 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 i cc: Senator Bob Graham i t. I i l
i t I I The Honorable Lauch Faircloth, Chairman j Subcommittee on Clean Air, Wetlands, i Private Property and Nuclear Safety Committee on Environment and Public Works United _ States Senate. Washington, DC. 20510 l
Dear Mr. Chairman:
l In the near futuce,.the Nuclear Regulatory Commission (NRC) intends to publish in the Federal Register the enclosed final amendments to the Commission's 'q-rules in 10 CFR Parts 30, 40, 70, and 72. The amendments correct erroneous 17 crossTreferences that were noted,as a result of several recent changes to the ) + NRC's regulations affecting. decommissioning. J 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. l Sincerely, Dennis K. Rathbun, Director Office of Congressicnal Affairs
Enclosure:
Federal Register Notice cc: Senator Bob Graham DISTRIBUTION: DLMorrison TSpeis LRiani JMMcCausland DRA:RPHEB D HEB DRA:R RES RES' OCA ausland. CTrottier JGlenn Orris t) DKRathbun M //3/96 Q//5/96 sz//5796 '2/T//96 g/7/96 / ' 96 /
[ t UNITED STATES t
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.) NUCLEAR REGULATORY COMMISSION ] t WASHINGTON, D.C. 20555-0001 ..... / g, e i l 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 I rules in 10 CFR Parts 30, 40, 70, and 72. The amendments correct erroneous f ; cross 7 references that were noted as a result of several recent changes to the NRC's regulations affecting decommissioning. j These changes will have no adverse impact on health and safety of workers or i the public and are not expected to impose any significant burden on licensees. Sincerely, i Dennis K. Rathbun, Director Office of Congressional Affairs Enclosure.: Federal Register Notice 1 M cc:( a, Frank Pallone ypd OU 1
m + 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:
} l In the near future, the Nuclear Regulatory Commission (NRC) intends to publish in the Federal Register the enclosed.*inal amendments to the Commission's rules in 10 CFR Parts 30, 40, 70, and 72. The amendments correct erroneous crossTreferences that were noted as a result of several-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. 1 Sincerely, 4 4 Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
4. Federal Register Notice cc: Rep. Frank Pallone a 4 DISTRIBUTION: DLMorrison TSpeis LRiani JMMcCausland JGlenn@$ RE 103A OCA DRA:RPHE DRA:RPH B DRA:R ( 'rris son DKRathbun JMcCausl nd CTrottier i M/08/96 44 // / 96 4,t]/ [96 1/l'//96 3///96 / /96 / f i Y 4 ye. i
A P u, e S G ATTACHMENT 3 DAILY STAFF NOTES ITEM l l
I DAILY STAFF NOTES OFFICE OF NUCLEAR REGULATORY RESEARCH Final Rule Signed by EDO Q [ On , 199(gthe Ex cutive Director for Operations approved a final rule, "MMer 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 "Expiratior, and termination of I 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. fninor A to e sQ to enks Yo TG I5 c t 04H PCM S traw Muenc os i i i 1 \\ }
d a 9 ATTACHMENT 4 APPROVAL FOR PUBLICATION 1 1 j l l f e
l i I Approved for Publication j l The Commission delegated to the ED0 (10 CFR 1.31(a)(3)) the authority to l 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, Office of the Executive Director for Operations, paragraphs 0213, 038, 039, i and 0310. I l The enclosed final rule, ""iiie Cur iedi " would correct erroneous cross references in 10 CFR Parts 0, 40, 70, and 72 that resulted from several recent changes to the NRC's egulations affecting decommissioning. This final rule does not cons itute a significant question of policy, nor does it amend regulations contained in 10 CFR Parts 7, 8, or 9 Subpart C concerning l matters of policy. I, therefor, find that this rule is within the scope of my rulemaking authority and am roceeding to issue it. i 1 \\ Date James M. Taylor Executive Director for Operations M tect N\\ m y nd n* sd S do N\\SMOMWOu' qwss TeGe ecus 1 I t l .t k 4 _ _ _ _. -}}