ML20149L643

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Advises That EDO Approved Final Rule on 10CFR30,40,70 & 72, Minor Amends to Miscellaneous Cross Refs & Requests That EDO Actions Be Implemented by Arranging for Publication of Attached Final Rule in Fr.Related Correspondence Also Encl
ML20149L643
Person / Time
Issue date: 05/31/1996
From: Glenn J
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To: Meyer D
NRC OFFICE OF ADMINISTRATION (ADM)
Shared Package
ML20148S858 List:
References
FRN-61FR29636, RULE-PR-30, RULE-PR-40, RULE-PR-70, RULE-PR-72 AF50-2, AF50-2-011, AF50-2-11, NUDOCS 9607250304
Download: ML20149L643 (21)
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.a PDL.  ;

May 31, 1996

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David L. Meyer, Chief

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. MEMORANDUM T0:

Rules Review & Directives Branch  ;

Division of Freedom of Information l and Publications Services l Office of Administration '

FROM: John E. Glenn.,_Ch.ief Original Signed By Radiation Protection and Health  !

Effects Branch i l Division of Regulatory Applications  !

L Office of Nuclear Regulatory Research e

SUBJECT:

IMPLEMENTATION OF ED0 ACTION: FINAL RULE: "10 CFR PARTS 30, 40, 70,'AND 72, MINOR AMENDMENTS TO MISCELLANEOUS CROSS- '

REFERENCES" l

On May 29, 1996, the Executive Director for Operations approved the final rule  !

on "10 CFR Parts 30, 40, 70, and 72, Minor Amendments to Miscellaneous Cross-  !

References."  !

Please implement the E00's actions by arranging for publication of the attached final rule in the Federal Register.

Also attsched is a Congressional letter package for transmittal to OCA and a l copy of the Approval for Publication notice. '

' Attachments: (

1. FR Notice + 5 Copies & Diskette
2. Congressional Letter Package
3. Daily Staff Notes (kept by EDO Office)
4. Approval for Publication i

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RES:DRA:RPHEB. RES:D :RP B j JM Chusland JEGlen i

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i ATTACHMENT 1 FEDERAL REGISTER NOTICE l

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[7590-01-P] l Nuclear Regulatory Commission i 10 CFR Parts 30, 40, 70, 72 RIN 3150-AF50 i l

Minor Amendments to Miscellaneous Cross-References l l

AGENCY: Nuclear Regulatory Commission.

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ACTION: Final rule.  ;

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SUMMARY

The. Nuclear Regulatory Commission (NRC) is amending its regulations'  ;

i to achieve consistency in the cross-references associated with several recent i

i changes to the NRC's regulations affecting decommissioning. This notice is '

necessary to inform the public of these corrections.

EFFECTIVE DATE: Upon publication.

FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Nuclear Regulatory' Research, U.S. Nuclear Regulatory Commission, 'Jashington,_ DC 20555-i 0001, telephone (301) 415-6219, email JMM20nrc. gov. ,

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SUPPLEMENTARY INFORMATION:

To, achieve consistency in the NRC's regulations affecting decommissioning, the following cross-reference revisions in 10 CFR Parts 30, f

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40, 70, and 72 are.being made: '

t (1) In 55 30.36(d) and 30.36(g)(3), the cross-references to paragraph

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"(f)(1)" are revised to read "(g)(1)." ,

(2) In 55 30.36(g)(3)(vi) and 30.36(h)(1) and (h)(2), the cross-  !

i references to paragraph "(h)" are revised to read "(i)."

l (3) In 55 40.42(d) and 40.42(g)(3), the cross-references to paragraph

"(f)(1)" are revised to read "(g)(1)."

(4) In 55 40.42(g)(4)(vi) and 40.42(h)(1) and (h)(2), the cross-  :

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references to paragraph "(h)" are revised to read "(i)." t (5) In 55 70.38(d) and 70.38(g)(3), the cross-references to paragraph i

"(f)(1)" are revised to read "(g)(1)." l l

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(6) In 55 70.38(g)(4)(vii) and 70.38(h)(1) and (h)(2), the cross- l r

references to "(h)" are revised to read "(i)  !

t (7) In 55 72.54(j)(1) and (j)(2), the cross-references to "(j)" are ,

revised to read "(k)."

l l Because the changes are minor administrative amendments, the NRC has i determined that good cause exists to dispense with the notice and coraent provisions of the Administrai..<e Procedure Act (APA) _ pursuant .to 5_ U.S.C. t 553(b)(B). For the same reasons, the NRC has determined that good cause l

1 l- exists to waive the 30-day deferred effective date provisions of the APA I (5 U.S.C. 553(d)).

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Environmental Impact: Categorical Exclusion 1

The NRC has determined that this final rule is the type of action described as a categorical exclusion in 10 CFR 51.22(c)(2). Therefore, neither an environmental impact statement nor an environmental assessment has --*

been prepared for this final rule.

t Paperwork Reduction Act Statement s

This final rule does not contain a new or amended information collection  ;

requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et f

seq.). Existing requirements were approved by the Office of Management and Budget, approval numbers 3150-0009, 3150-0017, 3150-0020, and 3150-0132.

Public Protection Notification  !

The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of infcrmation unless it displays a currently valid OMB control number.

Regulatory Analysis This final rulemaking does not impose any new requirements or additional costs to licensees because it is administrative in that it achieves c)nsistency in cross-references in existing regulations and does not result in ,

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any substantive change. This constitutes the regulatory analysis for this final rule.

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

List of Subjects 10 CFR Part 30 Byproduct material, Criminal penalties, Government contracts, }

Intergovernmental relations, Isotopes, Nuclear materials, Radiation l

protection, Reporting end recordkeeping requirements.

10 CFR Part 40 i

Criminal penalties, Government contracts, Hazardous materials transportation, Nuclear materials, Reporting and recordkeeping requirements, 1

l Source material, Uranium.

i 10 CFR Part 70 Criminal penalties, Hazardous materials transportation, Material control cnd accounting, Nuclear matr*ials, Packaging and containers, Radiation i

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. l protection, Reporting and recordkeeping requirements, Scientific equipment, Security naasures, Special nuclear material.

10 CFR Part 72 Manpower training programs, Nuclear materials, Occupationdi sliitty and health, Reporting and recordkeeping requirements, Security measures, Spent fuel.

l 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  ;

adopting the following amendments to 10 CFR Parts 30, 40, 70, and 72.

I PART 30 - RULES OF GENERAL APPLICABILITY TO DOMESTIC i LICENSING 0F BYPRODUCT MATERIAL i

l 1. The authority citation for Part 30 continues to read as follows:

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l 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, 2282); secs. 201, as amended, 202, 206, 88 Stat.

q 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  ;

I 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 i

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U.S.C. 2234). Section 30.61 also i.; sued under sec.187, 68 Stat. 955 (42 U.S.C. 2237).

L 5 30.36 IAmendedl I

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2. In 5 30.36(d), the cross-reference to " paragraph (f)(1)" is revised to read " paragraph (g)(1)."
3. In 5 30.36(g)(3), the cross-reference to " paragraph (f)(1)" is j revised to read " paragraph (g)(1)."
4. In 5 30.36(g)(4)(vi), the cross-reference to " paragraph (h)" is revised to read " paragraph (1)."
5. In 5 30.36 (h)(1), the cross-reference to " paragraph (h)" is revised to read " paragraph (i)."
6. In 5 30.36(h)(2), the cross-reference to " paragraph (h)" is revised to read " paragraph-(i)."

PART 40 - FGiESTIC 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-a 6

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604, 92 Stat. 3033, as amended, 3039, sec. 234, 83 Stat. 444, as amended (42 l 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.

l 5841, 5842, 5846); sec. 275, 92 Stat. 3021, as" amended by Pub. L.97-415, 96 l

Stat. 2067 (42 U.S.C. 2022).

Section 40.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951, l

as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 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.

l 2234). Section 40.71 also issued under sec. 187, 68 Stat. 955 (42 U.S.C.

2237).

5 40.42 IAmendedl

8. In 5 40.42(d), the cross-reference to " paragraph (f)(1)" is revised to read " paragraph (g)(1)."
9. In 5 40.42(g)(3), the cross-reference to " paragraph (f)(1)" is revised to read " paragraph (g)(1)."
10. In 5 40.42(g)(4)(vi), the cross-reference to " paragraph (h)" is revised to read " paragraph (1)."

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11. In 5 40.42(h)(1), the cross-reference to " paragraph (h)" is revised to read " paragraph (i)."

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12. In 5 40.42(h)(2), the cross-reference to " paragraph (h)" is revised to read " paragraph (i)."

4 PART 70 - DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

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

I 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. 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.  ;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.93-377, 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 l

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 l

14. In 5 70.38(d), the cross-reference to " paragraph (f)(1)" is revised to read " paragraph (g)(1)."

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15. In 5 70.38(g)(3), the~ cross-reference to " paragraph (f)(1)" is revised to_ read " paragraph (g)(1)."

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16. In 1 70.38(g)(4)(vii), the cross-reference to " paragraph (h)" is revised to read-"paragruptf t i )."
17. 'In i 70.38(h)(1), the cross-reference to " paragraph (h)" is revised-to read " paragraph (1)."
18. In i 70.38(h)(2), the cross-reference to " paragraph (h)" is revised to read " paragraph (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-l 486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L.91-190, 83 Stat. (42 U.S.C. 1332); secs. 131, 132, 133, 135, 137, 141, Pub. L.97-425, 96 i 9  !

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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). '

4 Section 72.44(g) also issued under secs. 142(b)'and'148(c), (d), Pub. L. -l l

100-203, 10P L t. 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 l 1 issued under sec.145(g), Pub. L.100-203; 101 Stat.1330-235 (42 U.S.C. i 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.

I 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).

l 5-72.54 IAmendedl

20. I In's 72.54(j)(1), the cross-reference to " paragraph (j)" is revised '

l to read " paragraph (k)."

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l ATTACHMENT 2 CONGRESSIONAL LETTERS i

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3~- "S UNITED STATES .

.l }f NUCLEAR REGULATORY COMMISSION o, WASHINGTON, D.C. 205 % 4001

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The Honorable Lauch Faircloth, Chairman Subcommittee on Clean Air, Wetlands, Private Property' and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510 j

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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 -3 rules in 10 CFR Parts 30, 40, 70, and 72. The amendments achieve consistency  !

j in the cross-references associated with several recent changes to the NRC's j 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, l

Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

l- Federal Register Notice l l

cc: Senator Bob Graham '

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Th'e Honorable Lauch Faircloth, Chairman  !

Subcommittee on Clean Air, Wetlands, '

Private Property and Nuclear Safety ,

Committee on Environment and Public Works  !

United States Senate i 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 l i

rules in 10 CFR Parts 30, 40, 70, and 72. The amendments achieve consistency l in the cross-references associated with several recent changes to the NRC's i regulations affecting decommissioning. I f

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 l

Enclosure.

Federal Register Notice

! cc: Senator Bob Graham ,

DISTRIBUTION: I DLMorriran TSpets LRiani l

JMMcCausland I J

SEE PREVIOUS CONCURRENCES.

DRA:RPHEB DRA:RPHEB DRA:RPHEB RES:DRA RES OCA JMcCausland CTrottier JGlenn BMMorris DLMorrison DKRathbun 02/13/96- 02/15/96 02/15/96 02/29/96 03/07/96 / /96 i

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i The Honorable Lauch Faircloth, Chairman- ,=

Subcommittee on Clean Air, Wetlands,

t. Private Property and Nuclear Safety
.;. Committee on Environment and Public Works United States Senate shington, DC 20510 i Dea Mr.' Chairman:

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

  • in the ederal Register the enclosed final amendments to the Commission's rules in 10 CFR Parts 30, 40, 70, and 72. The amendments correct erroneous-cross re rences that were noted as a result of several recent changes _ to the NRC's'regu ations affecting decommissioning.

These change will have no adverse impact on health and safety of workers or the public an are not expected to impose any significant burden on licensees.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Federal Register Notice cc: Senator Bob Graham DISTRIBUTION:

DLMorrison TSpeis LRiani

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t The Honorable Dan Schaefer, Chairman i Subcommittee on Energy and Power Committee on Commerce .,

United States House of Representatives

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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  !

i in the cross-references associated with several recent changes to the NRC's i regulations affecting decommissioning.

  • l These changes will have no adverse impact on health and safety of workers or i

i the public and are not expected to' impose any significant burden on licenseos.

l Sincerely,  !

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i Dennis K. Rathbun, Director .  !

Office of Congressional Affairs

Enclosure:

Federal Register Notice

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cc: Representative Frank Pallone 1

L-i The Honorable Dan Schaefer, Chairman 1 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 achie' consistency  ;

e in the cross-references associated with several recent changes te 'he NRC's ,

regulations affecting decommissioning.

1 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. i Sincerely, '

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i Dennis K. Rathbun, Director l l Office of Congressional Affairs i L

Enclosure:

Federal Register Notice )'

l cc: -Representative Frank Pallone DISTRIBUTION:~  !

DLMorrison TSpeis LR1ani

.JMMcCausiand

_' SEE PREVIOUS CONCURRENCES.

l DRA:RPHEB DRA:RPHEB DRA:RPHEB RES:DRA RES OCA JMcCausland CTrottier JGlenn BMMorris DLMorrison DKRathbun 02/08/96 02/15/96 02/15/96 02/29/96 03/07/96 / /96 l

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The Hono able Dan Schaefer, Chairman i Subcommit ee on Energy and Power l

, Committee Commerce United Stat House' of Representatives .

Washington, D 20515 -;

Dear Mr. Chairma :

In the near fnture, the Nuclear Regulatory Commission (NRC) intends to publish ~~ ~

in the Federal Regis er 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 re noted as a. result of several recent changes to the NRC's regulations affec ng decommissioning, )

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These changes will have no dverse impact on health and safety of workers or the public and are not expe ed to impose any significant burden on licensees. .I Sincerely, i

annis K. Rathbun, Director l

0 ice of Congressional Affairs '

Enclosure:

Federal Register Notice

, cc: Rep. Frank Pallone i

' DISTRIBUTION:

DLMorrison TSpeis-LRiani JMMcCausiand  !

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ATTACHMENT 3 i DAILY STAFF NOTES ITEM 1

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ATTACHMENT 4 l

l l APPROVAL FOR PUBLICATION i

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