ML23151A407

PR-001,020,030,40,055,070,073 - 59FR17464 - Consolidation of the NRC Region V Office with the Region IV Office

ML23151A407
Person / Time
Issue date:	04/13/1994
From:	Taylor J NRC/EDO
To:
References
PR-001, PR-020, PR-030, PR-040, PR-055, PR-070, PR-073, 59FR17464
Download: ML23151A407 (1)

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DOCUMENT DATE:

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ADAMS Template: SECY-067 04/13/1994 PR-001,020,030,040,055,070,073 - 59FR17 464 -

CONSOLIDATION OF THE NRC REGION V OFFICE WITH THE REGION IV OFFICE PR-001,020,030,040,055,070,073 59FR17464 RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete

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STATUS OF RULEMAKING PROPOSED RULES PR-001 1 020 1 030,040 1 055,070,073 OPEN ITEM (Y/N) H RULE NAMES CONSOLIDATION OP THE NRC REGION V OFFICE WITH THE REGION IV OFl'ICE PROPOSED RULE PED REG CITE:

59FR17464 PROPOSED RULE PUBLICATION DATE:

04/13/94 NUMBER OP COMMENTS:

ORIGINAL DATE FOR COMMENTSs I

I EXTENSION DATE:

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FINAL RULE FED. REG. CITE: 5917464 FINAL RULE PUBLICATION DATE: 04/13/94 NOTES OB PUBLISHED AS A FINAL RULE.

FINAL RULE SIGNED BY EDO.

PILE LOCATE STATUS DON Pl.

OF RULE TO FIND THE STAFP CONTACT OR VIEW THE RULEMAKING HISTORY PRESS PAGE DOWN KEY HISTORY OP THE RULE PART AFFECTED: PR-001,020,030,040,oss,070,073 RULE TITLE:

ROPOSED RULE SECY PAPER:

CONSOLIDATION OF THE NRC REGION V OFFICE WITH THE REGION IV OFFICE PROPOSED RULE SRM DATE:

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DATE PROPOSED RULE SIGNED BY SECRETARY:

DATE FINAL RULE I

I FINAL RULE SECY PAPER:

FINAL RULE SRM DATE:

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SIGNED BY SECRETARY:

07/28/94 STAFP CONTACTS ON THE RULE CONTACTl: JOHN M. MONTGOMERY CONTACT2:

MAIL STOP:

KAIL STOP:

PHONE:

PHONES

DOCKET NO. PR-001,020,030,040,055,070,073 (59FR17464)

DATE DOCKETED In the Matter of CONSOLIDATION OF THE NRC REGION V OFFICE WITH THE REGION IV OFFICE DATE OF DOCUMENT TITLE OR DESCRIPTION OF DOCUMENT

04/12/94 03/31/94 FEDERAL REGISTER NOTICE - FINAL RULE

DOCKET NUMBER R 5

. -:1 PROPOSED RULE f 1-0 SOI'-/ 0 5 J 1 O ;:. /3

( 51 FR. J 73/ l, Lf)

DOCKETED

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[759~~ -0>]

NUCLEAR REGULATORY COMMISSION

• 94 A 12 PS: 0 10 CFR PARTS 1, 20, 30, 40, 55, 70, AND 73 RIN 3150-AE98 Consolidation of the NRC Region V Office with the Region IV Office AGENCY:

Nuclear Regulatory Commission.

ACTION:

Final rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulations as a result of the consolidation of the Region V office in Walnut Creek, California, with the Region IV office in Arlington, Texas. These amendments are necessary to inform the public of the administrative changes to the NRC's regulations.

EFFECTIVE DATE:

April 4, 1994.

FOR FURTHER INFORMATION CONTACT:

John M. Montgomery, USNRC Region IV, 611 Ryan Plaza Drive, Suite 400, Arlington, TX 76011-8064; telephone (817) 860-8226.

SUPPLEMENTARY INFORMATION:

On April 4, 1994, the NRC will consolidate its Region V office in Walnut Creek, California, with the Region IV office in Arlington, Texas.

An NRC field office will be established in Walnut Creek, California.

Previously, the NRC published a general notice in the Federal Register (59 FR 8667; March 1, 1994) stating that effective March 1, 1994, the 1

emergency response functions and responsibilities of the current Region V office would be transferred to the Reg1on IV office.

Because this amendment deals with agency procedures, the notice and comment provisions of the Administrative Procedure Act do not apply pursuant to 5 U.S.C. 553(b)(A).

Good cause exists to dispense with the usual 30-day delay in the effective date becaGse the amendments are of a minor and administrative nature dealing with a change in address and telephone number.

The amendment is effective April 4, 1994.

Environmental Impact:

Categorical Exclusion The NRC has detennined 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 The final rule contains no infonnation collection requirements and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).

Regulatory Analysis A regulatory analysis has not been prepared for this final rule because it is an administrative action that changes the address and telephone number of an NRC region.

Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, does not

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apply to this final rule because this rule does not involve any provisions that would impose a backfit as defined in§ 50.109(a)(l). Therefore, a 2

backfit analysis is not required for this rule.

List of Subjects 10 CFR Part 1 - Organization and functions (Government Agencies).

10 CFR Part 20 - Byproduct material. Criminal penalties, Licensed material, Nuclear materials. Nuclear power plants and reactors, Occupational safety and health, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Special nuclear material, Source material, Waste treatment and disposal.

10 CFR Part 30 - Byproduct material, Criminal penalties, Government contracts, Intergovernmental relations.* Isotopes, Nuclear materials, Radiation protection. Reporting and recordkeeping requirements.

10 CFR Part 40 - Criminal penalties, Government contracts. Hazardous.

materials transportati,on, 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 70 - Criminal penalties, Hazardous materials-transportation, Material control and accounting, Nuclear materials. Packaging and containers.

Radiation protection. Reporting and recordkeeping requirements, Scientific equipment. Security measures. Special nuclear material.

10 CFR Part 73 - Criminal penalties, Hazardous materials transportation, Export. Incorporation by reference. Import, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures.

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, 3

r as amended; and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR Parts 1, 20, 30, 40, 55, 70, and 73.

PART 1 - STATEMENT OF ORGANIZATION AND GENERAL INFORMATI0N

1.

The authority citation for 1Part 1 continues to read as follows:

AUTHORITY: Secs. 23, 161, 68 Stat. 925, 948, as amended (42 U.S.C. 2033, 2201); sec. 29, Pub. L.85-256, 71 Stat. 579, Pub. L.95-209, 91.

Stat. 1483 (42 U.S.C. 2039); sec. 191, Pub. L.87-615, 76 Stat. 409 (42 U.S.C.

• 2241); secs. 201, 203, 204, 205, 209, 88 Stat. 1242, 1244, 1245, 1246, 1248, as amended (42 U.S.C. 5841, 5843, 5844, 5845, 5849); 5 U.S.C. 552, 553; Reorganization Plan No. 1 of 1980, 45 FR 40561, June 16, 1980.

§1.5 [Amended]

2.

In§ 1.5, paragraph (b), in the NRC Region IV address *suite 1000a is revised to read usuite 400* and the NRC Region V address is revised to read 0 USNRC, Region IV Walnut Creek Field Office, 1450 Maria Lane, Suite 300, Walnut Creek, CA 94596.

0 PART 20 - STANDARDS FOR PROTECTION AGAINST RADIATION

3. The authority citation for Part 20 continues to read as follows:

AUTHORITY: Secs. 53, 63, 65, 81, 103, 104, 161, 182, 186, 68 Stat. 930, 933, 93~, 936, 937, 948, 953, 955, as amended (42 U.S.C. 2073, 2093, 2095, 2111, 2133, 2134, 2201, 2232, 2236), secs. 201, as amended, 202, 206, 88 Stat.

1242, as amended, 1244, 1246 (42 u.s.c: 5841, 5842, 5846).

4.

Appendix D to§§ 20.1001-20.2402 is amended by removing the Region V entry and by revising the Region IV entry to read as follows:

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Appendix D to §§20.1001-20.2402 - United States Nuclear Regulatory Commission Regional Offices Region IV:

Alaska, Arizo~a, Arkansas, California, Colorado, Hawaii, Idaho, Kansas, Louisiana, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wyoming, and the U.S. territories and possessions in the Pacific.

Region IV:

Field Office Region IV:

Field Office -

5 Address Telephone (24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />)

USNRC, Region IV, 611 Ryan Plaza Drive, Suite 400, Arlington TX 76011 USNRC, Region IV, Uranium Recovery Field Office, 730 Sin111s Street, Suite 100a, Golden, CO 80401; Mail: P.O. Box 25325, Denver, CO 80225.

USNRC, Region IV, Walnut Creek Field Office, 1450 Maria Lane, Suite 300, Walnut Creek, CA 94596.

(817) 860-8100 (FTS) 728-8100 (303) 231-2805 (FTS) 554-2805 (510) 975-0200

PART 30 - RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL

5.

The authority citation for Part 30 continues to read as follows:

AUTHORITY: Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); 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 (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).

§ 30.6 [Amended]

6.

In§ 30.6, paragraph (b)(2)(v) is removed and paragraph (b)(2)_(iv) is revised to read as follows:

§30.6 Conmunications.

(b) * * *

(2) * * *

(iv) Region IV.

The regional licensing program involves all Federal facilities in the region and non-Fede~al licensees in the following Region IV non-Agreement States and a territory: Alaska, Hawaii, Montana, Oklahoma, South Dakota, Wyoming, and Guam.

All inquiries, co1T111unications, and applications for a new license or an amendment or renewal of an existing license specified in paragraph (b)(l) of this section must be sent to: U.S.

Nuclear Regulatory Co1T111ission, Region IV, Material Radiation Protection 6

Section, 611 Ryan Plaza Drive, Suite 400, Arlington, Texas 76011.

(v) [Removed]

PART 40 - DOMESTIC LICENSING OF 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. lle(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)i 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 (42 U.S.C. 5851). Section 40.3l(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.r2237).

8.

In§ 40.5, paragraph (b)(2)(v) is removed and paragraph (b)(2)(iv) is revised to read as follows:

§40.5 Communications.

(b) * * *

(2) * * *

{iv) Region IV.

The regional licensing program involves all Federal 7

I facilities in the region and non-Federal licensees in the following Region IV non-Agreement States and a terri'tory: Alaska, Hawaii, Montana, Oklahoma, South Dakota/ Wyoming, and Guam.

All inquiries, co111T1unications, and applications for a new license or an amendment or renewal of an existing license specified in paragraph (b)(l) of this section must be sent to: U.S.

Nuclear Regulatory Commission, Region IV, Material Radiation Protection I

Section, 611 Ryan Plaza Drive, Suite 400, Arlington, Texas 76011.

( v) [Removed]

55 - OPERATORS' LICENSES

9.

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)i secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842).

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 secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 2237).

10. In §55.5, paragraph (b)(2)(v) is removed and paragraphs (b)(l) and (b)(2)(ii) are revised to read as follows:

§55.5 Communications.

(b)(l) Except for test and research reactor facilities, the Director of Nuclear Reactor Regulation has delegated to the Regional Administrators of I

Regions I, II, III, and IV, authority and responsibility pursuant to the regul ati ans in this part for the issuance and,renewal of licenses for 8

operators and senior operators of nuclear power reactors licensed under 10 CFR Part 50 and located in these regions.

(2)* * *

(v) Removed (3) * * *

(ii). For all test and research reactor facilities located in Regions I, II, III, and IV, submissions must be made to the Director, Division of Licensee Performance and Quality Evaluation, U.S. 'Nuclear Regulatory Commission, Washington, DC 20555. Attention: Operator Licensing Branch.

70 - DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

11.

The authority citation for Part 70 continues to read as follows:

AUTHORITY: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 2282)i secs. 201, as amended, 202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846).

Sections 70.l(c) and 70.20a(b) also issued under secs. 135, 141, Pub. L.

4lt 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 70.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section 70.21(g) also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 57d, Pub. L. 93-3772, 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).

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12. In§ 70.5, paragraph (b)(2)(v) is removed and paragraph (b)(2)(iv) is revised to read as follows:

§70.5 Comnunications.

(b) * * *

(2) * * *

(iv) Region IV.

The regional licensing program involves all Federal facilities in, the region and non-Federal licensees in the following Region IV non-Agreement States and a territory: Alaska, Hawaii, Montana, Oklahoma, South Dakota, Wyoming, and Guam.

All inquiries, connnunications, and applications for a new license or an amendment or renewal of an existing license specified in paragraph (b)(l) of this section must be sent to: U.S.

Nuclear Regulatory Commission, Region IV, Material Radiation Protection Section, 611 Ryan Plaza Drive, Suite 400, Arlington, Texas 76011.

(v) [Remov~d]

PART 73 - PHYSICAL PROTECTION OF PLANTS AND MATERIALS

13.

The authority citation for Part 73 continues to read as follows:

AUTHORITY: Secs. 53, 161, 68 Stat. 930, 948, as amended, sec. 147, 94 Stat. 780 (42 U.S.C. 2073, 2167, 2201); sec. 201, as amended, 204, 88 Stat.

1242, as amended, 1245 (42 U.S.C. 5841, 5844).

Section 73.1 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat.

2232, 2241 (42 U.S.C, 10155, 10161). Section 73.37(f) also issued under sec. 301, Pub. L.96-295, 94 Stat. 789 {42 U.S.C. 5841 note). Section 73.57 is issued under sec. 606, Pub. L.99-399, 100 Stat. 876 (42 U.S.C. 2169).

14. Appendix A to Part 73 is amended by removing the Region Ventry and revising the Region IV entry to read as follows:

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Appendix A to Part 73 - U.S. Nuclear Regulatory Conunission Regional Offices Address Region IV: Alaska, Arizon~. Arkansas, California, Colorado, Hawaii, Idaho, Kansas, Louisiana, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington,. Wyoming, and the U.S. territories and possessions in the Pacific.

Region IV:

Field Office Region IV:

Field Office 12 USNRC, 611 Ryan Plaza Drive, Suite 400, Arlington TX 76011 USNRC, Region IV Uranium Recovery Field Office, 730 Sirrms Street, Suite 100a, Golden, CO 80401; Mail: P.O. Box 25325, Denver, CO 80225.

USNRC, Region IV, Walnut Creek Field Office, 1450 Maria Lane, Suite 300, Walnut Creek, CA 94596.

Telephone (24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />)

(817) 860-8100 (FTS) 728-8100 (303) 231-2805 (FTS) 554-2805 (510) 975-0200

SUBJECT:

CONSOLIDATION OF THE NRC REGION V OFFICE WITH THE REGION IV OFFICE (RIN: 315O-AE98)

Dated at Rockville, Maryland, this3/~ay of~, 1994.

For the Nuclear Regulatory Commission.

or Operations.

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