58038 Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Rules and Regulations 

1, NATO–2, NATO–3, NATO–4, NATO–

5, or NATO–6 visas, and certain Taiwan 

officials who hold E–1 visas and 

members of their immediate families 

who hold E–1 visas unless the Secretary 

of State and the Secretary of Homeland 

Security jointly determine that a class of 

such aliens should be subject to the 

requirements of paragraph (d)(1)(ii);

Elizabeth L. Branch, 

Associate General Counsel for Rules and 

Legislation, Office of the General Counsel, 

Department of Homeland Security.

[FR Doc. 04–21935 Filed 9–28–04; 8:45 am] 

BILLING CODE 4410–10–P

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 71 

RIN 3150–AG71 

Compatibility With IAEA 

Transportation Safety Standards (TS–

R–1) and Other Transportation Safety 

Amendments; Correction

AGENCY: Nuclear Regulatory 

Commission.

ACTION: Final rule: Correction.

SUMMARY: This document corrects a 

final rule appearing in the Federal 

Register on January 26, 2004 (69 FR 

3698) amending the regulations 

governing the packaging and 

transportation of radioactive materials. 

This action is necessary to add 

unintentionally omitted text and to 

correct editorial errors, references, and 

numerical values as printed in the final 

rule.

EFFECTIVE DATE: October 1, 2004. The 

effective date for §§ 71.19(a) and 71.20 

ends on October 1, 2008.

FOR FURTHER INFORMATION CONTACT:

Mary Adams, Office of Nuclear Material 

Safety and Safeguards, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone (301) 415–

7249, e-mail mta@nrc.gov.

SUPPLEMENTARY INFORMATION: This 

action adds unintentionally omitted text 

and corrects editorial errors, references, 

and numerical values as printed in the 

final rule amending part 71 (January 26, 

2004; 69 FR 3698). Because of the 

numerous corrections in § 71.5(a), the 

complete text of § 71.5(a) is being 

reprinted for the convenience of 

interested members of the public.

PART 71—[Corrected]

■ 1. On page 3787, first column, in § 71.1 

paragraph (a) is corrected to read as 

follows:

§ 71.1 Communications and records. 

(a) Except where otherwise specified, 

all communications and reports 

concerning the regulations in this part 

and applications filed under them 

should be sent by mail addressed: 

ATTN: Document Control Desk, 

Director, Spent Fuel Project Office, 

Office of Nuclear Material Safety and 

Safeguards, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001, by hand delivery to the NRC’s 

offices at 11555 Rockville Pike, 

Rockville, Maryland; or, where 

practicable, by electronic submission, 

for example, via Electronic Information 

Exchange, or CD-ROM. Electronic 

submissions must be made in a manner 

that enables the NRC to receive, read, 

authenticate, distribute, and archive the 

submission, and process and retrieve it 

a single page at a time. Detailed 

guidance on making electronic 

submissions can be obtained by visiting 

the NRC’s Web site at http://

www.nrc.gov/site-help/eie.html, by 

calling (301) 415–6030, by e-mail to 

EIE@nrc.gov, or by writing the Office of 

the Chief Information Officer, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. The 

guidance discusses, among other topics, 

the formats the NRC can accept, the use 

of electronic signatures, and the 

treatment of nonpublic information. If 

the submission date falls on a Saturday, 

Sunday, or a Federal holiday, the next 

Federal working day becomes the 

official due date.

* * * * *

§ 71.4 [Corrected]

■ 2. On page 3789, in § 71.4, the 

definition for Surface Contaminated 

Object (SCO), in the first column, in 

paragraph (1)(ii), fourth line, ‘‘4 × 10¥4’’

is corrected to read ‘‘4 × 104’’; in the 

second column, in paragraph (1)(iii), 

eighth line, ‘‘4 × 103’’ is corrected to read 

‘‘4 × 103’’; in paragraph (2)(i), fourth line, 

‘‘3002’’ is corrected to read ‘‘300 cm2’’; 

and in paragraph (2)(iii), fifth line, 

‘‘3002’’ is corrected to read ‘‘300 cm2’’.

■ 3. On page 3789, third column, in 

§ 71.5 paragraph (a) is corrected to read 

as follows:

§ 71.5 Transportation of licensed material. 

(a) Each licensee who transports 

licensed material outside the site of 

usage, as specified in the NRC license, 

or where transport is on public 

highways, or who delivers licensed 

material to a carrier for transport, shall 

comply with the applicable 

requirements of the DOT regulations in 

49 CFR parts 107, 171 through 180, and 

390 through 397, appropriate to the 

mode of transport. 

(1) The licensee shall particularly 

note DOT regulations in the following 

areas: 

(i) Packaging—49 CFR part 173: 

subparts A, B, and I. 

(ii) Marking and labeling—49 CFR 

part 172: subpart D; and §§ 172.400 

through 172.407 and §§ 172.436 through 

172.441 of subpart E. 

(iii) Placarding—49 CFR part 172: 

subpart F, especially §§ 172.500 through 

172.519 and 172.556; and appendices B 

and C. 

(iv) Accident reporting—49 CFR part 

171: §§ 171.15 and 171.16. 

(v) Shipping papers and emergency 

information—49 CFR part 172: subparts 

C and G. 

(vi) Hazardous material employee 

training—49 CFR part 172: subpart H. 

(vii) Security plans—49 CFR part 172: 

subpart I.

(viii) Hazardous material shipper/

carrier registration—49 CFR part 107: 

subpart G. 

(2) The licensee shall also note DOT 

regulations pertaining to the following 

modes of transportation: 

(i) Rail—49 CFR part 174: subparts A 

through D and K. 

(ii) Air—49 CFR part 175. 

(iii) Vessel—49 CFR part 176: 

subparts A through F and M. 

(iv) Public Highway—49 CFR part 177 

and parts 390 through 397.

* * * * *

■ 4. In § 71.22, on page 3793, paragraph 

(c)(1) and the heading of Table 71–1 and 

on page 3794 the heading of Table 71–

2 are corrected to read as follows:

§ 71.22 General license: Fissile material.

* * * * *

(c) * * * 

(1) Contain no more than a Type A 

quantity of radioactive material; and

* * * * *

Table 71–1.—Mass Limits for General 

License Packages Containing Mixed 

Quantities of Fissile Material or 

Uranium-235 of Unknown Enrichment 

per § 71.22(e)

* * * * *

Table 71–2.—Mass Limits for General 

License Packages Containing Uranium235 of Known Enrichment per § 71.22(e)

* * * * *

■ 5. On page 3794, third column, in 

§ 71.23, paragraph (c)(1) is corrected to 

read as follows:

§ 71.23 General license: Plutoniumberyllium special form material.

* * * * *

(c) * * * 

Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Rules and Regulations 58039

(1) Contain no more than a Type A 

quantity of radioactive material; and

* * * * *

§ 71.41 [Corrected]

■ 6. On page 3794, first column, in 

§ 71.41, paragraph (a), seventh line, 

‘‘105’’ is corrected to read ‘‘105.’’

§ 71.51 [Corrected]

■ 7. On page 3794, third column, in 

§ 71.51, paragraph (d), third line, ‘‘105’’

is corrected to read ‘‘105.’’

■ 8. On page 3800, in Appendix A to part 

71, Paragraphs I and IV(b), and in Tables 

A–1, A–3 and A–4, beginning on page 

3801, are corrected to read as follows: 

Appendix A to Part 71—Determination 

of A1 and A2

I. Values of A1 and A2 for individual 

radionuclides, which are the bases for many 

activity limits elsewhere in these 

regulations, are given in Table A–1. The 

curie (Ci) values specified are obtained by 

converting from the Terabecquerel (TBq) 

value. The Terabecquerel values are the 

regulatory standard. The curie values are for 

information only and are not intended to be 

the regulatory standard. Where values of A1

and A2 are unlimited, it is for radiation 

control purposes only. For nuclear criticality 

safety, some materials are subject to controls 

placed on fissile material.

* * * * *

IV. * * * 

b. For normal form radioactive material, 

the maximum quantity transported in a Type 

A package is as follows:

ΣB(i)/A2 (i) ≤ 1

where B(i) is the activity of radionuclide i, 

and A2(i) is the A2 value for radionuclide 

i.

* * * * *

Table A–1.—A1 and A2 Values for 

Radionuclides 

A new footnote reference ‘‘b’’ is added to 

the headings of the fourth and sixth columns, 

titled A1(Ci)b and A2(Ci)b, and new footnote 

‘‘b’’ text is added to the end of Table A–1 to 

read as follows: b The values of A1 and A2 in Curies (Ci) 

are approximate and for information only; 

the regulatory standard units are 

Terabecquerels (TBq), (see Appendix A to 

part 71—Determination of A1 and A2, Section 

I.). 

For radionuclide Bi-205, the specific 

activity is corrected to 1.5 × 103 TBq/g. 

For radionuclide Cm-248, the specific 

activity is corrected to 1.6 × 10¥4 TBq/g. 

For radionuclide Eu-150 (long lived), the 

A1 value is corrected to 7.0 × 10¥1 TBq. 

For radionuclide Te-132(a), the specific 

activity is corrected to 3.0 × 105 Ci/g.

* * * * *

Table A–3.—General Values for A1 and A2

[Amended] 

The value under the sixth column 

‘‘Activity concentration for exempt material 

(Bq/g)’’ for the first row ‘‘Only beta or gamma 

emitting radionuclides are known to be 

present’’ is corrected to read 1 × 101. 

The value under the seventh column 

‘‘Activity limits for exempt consignments 

(Bq)’’ for the first row ‘‘Only beta or gamma 

emitting radionuclides are known to be 

present.’’ is corrected to read 1 × 104. 

Table A–4.—Activity-Mass Relationships for 

Uranium 

The value under the third column 

‘‘Specific Activity | Ci/g’’ for the ‘‘90’’ row 

‘‘Uranium Enrichment wt% U-235 present’’

is corrected to read 5.8 × 10¥5.

Dated at Rockville, Maryland, this 24th day 

of September, 2004.

For the Nuclear Regulatory Commission. 

Michael T. Lesar, 

Chief, Rules and Directives Branch, Division 

of Administrative Services, Office of 

Administration.

[FR Doc. 04–21763 Filed 9–28–04; 8:45 am] 

BILLING CODE 7590–01–P

NATIONAL CREDIT UNION 

ADMINISTRATION 

12 CFR Parts 701 and 742 

Federal Credit Union Ownership of 

Fixed Assets

AGENCY: National Credit Union 

Administration.

ACTION: Final rule.

SUMMARY: The National Credit Union 

Administration (NCUA) Board is issuing 

final revisions to its fixed asset rule. The 

fixed asset rule governs Federal credit 

union (FCU) ownership of fixed assets 

and, among other things, limits 

investment in fixed assets to five 

percent of an FCU’s shares and retained 

earnings. This final rule clarifies and 

reorganizes the requirements of the 

current rule to make it easier to 

understand. The only substantive 

changes in the final rule are to: 

Eliminate the requirement that an FCU, 

when calculating its investment in fixed 

assets, include its investments in any 

entity that holds fixed assets used by the 

FCU; and establish a time frame for 

submission of requests for waiver of the 

requirement for partial occupation of 

premises acquired for future expansion.

DATES: This rule is effective October 29, 

2004.

FOR FURTHER INFORMATION CONTACT: Paul 

Peterson, Staff Attorney, Division of 

Operations, Office of General Counsel, 

at the above address or telephone: (703) 

518–6540.

SUPPLEMENTARY INFORMATION: 

A. Background 

The Federal Credit Union Act 

authorizes an FCU to purchase, hold, 

and dispose of property necessary or 

incidental to its operations. 12 U.S.C. 

1757(4). Generally, an FCU may only 

invest in property it intends to use to 

transact credit union business, that is, to 

support its internal operations or serve 

its members. 12 CFR 721.3(d). NCUA’s 

fixed asset rule limits an FCU’s 

investment in fixed assets and imposes 

requirements on the planning for, use 

of, and disposal of real property 

acquired for future expansion. 12 CFR 

701.36. 

The NCUA Board has a policy of 

continually reviewing NCUA 

regulations to ‘‘update, clarify and 

simplify existing regulations and 

eliminate redundant and unnecessary 

provisions.’’ NCUA Interpretive Ruling 

and Policy Statement (IRPS) 87–2, 

Developing and Reviewing Government 

Regulations. As a result of the NCUA’s 

2003 review, the Board determined that 

the fixed asset rule should be updated. 

In April, 2004, the Board published its 

proposed updates for public comment. 

69 FR 21439 (April 21, 2004). 

B. Section-by-Section Analysis of the 

Final Rule 

This final rule does not vary 

significantly from the proposed rule. 

Like the proposed rule, the only 

substantive revisions in the final rule 

from the current rule are to (1) eliminate 

the requirement that an FCU, when 

calculating its investment in fixed 

assets, include its investments in any 

entity that holds fixed assets used by the 

FCU, and (2) establish a time frame for 

submission of requests for waiver of the 

requirement for partial occupation of 

premises acquired for future expansion. 

The final rule also reorganizes the 

paragraph structure and clarifies the 

provisions governing an FCU’s plans for 

future expansion into fixed assets. A 

section-by-section analysis of these 

revisions follows. 

Section 701.36(a) 

The final rule renumbers § 701.36(c), 

Investment in Fixed Assets, as 

§ 701.36(a). The final rule retains the 

requirement that FCUs with $1,000,000 

or more in assets cannot invest in fixed 

assets if the investment would cause the 

aggregate of all the FCU’s fixed assets to 

exceed five percent of the FCU’s shares 

and retained earnings. The final rule 

retains the waiver process that allows 

FCUs to apply for a waiver of the five 

percent limitation and reorganizes the 

waiver provisions to simplify them and 

make them easier to follow.