This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

73935 

Vol. 75, No. 229 

Tuesday, November 30, 2010 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 2, 10, 20, 25, 26, 30, 34, 

40, 50, 54, 70, 71, 72, 95, 110, and 150 

RIN 3150–AH49 

[NRC–2009–0085] 

Miscellaneous Administrative Changes 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

is amending its regulations to make 

miscellaneous administrative changes, 

including an update of the list of 

Agreement and Non-Agreement States, 

the merging of the Region II materials 

program with that of Region I, the 

correction of office titles associated with 

the Office of Nuclear Material Safety 

and Safeguards and the Office of Federal 

and State Materials and Environmental 

Management Programs, the inclusion of 

references to new Executive Order (E.O.) 

13526, and other edits, corrections, and 

conforming changes. This document is 

necessary to inform the public of these 

changes to the NRC’s regulations. 

DATES: This rule is effective December 

30, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Angella Love Blair, Rules, 

Announcements, and Directives Branch, 

Division of Administrative Services, 

Office of Administration, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: 301–492– 

3671, e-mail: Angella.LoveBlair@nrc.gov. 

ADDRESSES: You can access publicly 

available documents related to this 

document using the following methods: 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC’s PDR, Room O1 

F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this page, 

the public can gain entry into ADAMS, 

which provides text and image files of 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR reference staff at 1–800–397–4209, 

301–415–4737, or by e-mail to 

pdr.resource@nrc.gov. 

Federal Rulemaking Web Site: 

Supporting materials related to this final 

rule can be found at http:// 

www.regulations.gov by searching on 

Docket ID: NRC–2009–0085. 

SUPPLEMENTARY INFORMATION: 

Introduction 

The NRC is amending its regulations 

at Title 10 of the Code of Federal 

Regulations (10 CFR) parts 2, 10, 20, 25, 

26, 30, 34, 40, 50, 54, 70, 71, 72, 95, 110, 

and 150 to make miscellaneous 

administrative changes, including an 

update of the list of Agreement and 

Non-Agreement States, the merging of 

the Region II materials program with 

that of Region I, the correction of office 

titles associated with the Office of 

Nuclear Material Safety and Safeguards 

and the Office of Federal and State 

Materials and Environmental 

Management Programs, the inclusion of 

references to new E.O. 13526, and other 

edits, corrections, and conforming 

changes. 

Summary of Changes 

Include Electronic Watermarks to 

Denote Proprietary Content 

In § 2.390(b)(1)(i)(A) and (b)(1)(i)(B), 

the language is revised to include 

electronic watermarks to denote 

proprietary content. Current regulations 

at § 2.390(b)(1)(i)(A) and (b)(1)(i)(B) 

currently require proprietary marking at 

the top of the first page, and on 

succeeding, affected pages, either 

adjacent to the material sought to be 

withheld from public disclosure, or at 

the top of the page, if the entire page is 

sought to be withheld. At the time the 

regulations were written, information 

technology alternatives, such as 

electronic watermarks, were not in 

common use, if the technology was 

available at all. Various alternatives 

such as electronic watermark, margin 

notation, or other suitable markings may 

now be available to denote proprietary 

content, and would be acceptable as 

being completely within the spirit of the 

regulations, since the goal of the 

regulations is simply to ensure that 

there is notice of proprietary content to 

whoever is handling the document and 

not to be unnecessarily prescriptive, 

either as to methodology or terminology. 

Update the List of Non-Agreement 

States 

In §§ 30.6(b)(2)(i), 40.5(b)(2)(i), and 

70.5(b)(2)(i), Maine, Massachusetts, 

Pennsylvania and New Jersey no longer 

appear because they are Agreement 

States. In §§ 30.6(b)(2)(iii)(B), 

40.5(b)(2)(iii)(B), and 70.5(b)(2)(iii)(B), 

Ohio, Wisconsin and Minnesota no 

longer appear because they are 

Agreement States and in 

§§ 30.6(b)(2)(iv)(B), 40.5(b)(2)(iv)(B), and 

70.5(b)(2)(iv)(B), Oklahoma no longer 

appears because it is an Agreement 

State. 

Add a List of Mining and Milling 

Agreement States 

In §§ 30.6(b)(2)(iii)(A), 

40.5(b)(2)(iii)(A), and 70.5(b)(2)(iii)(A), 

Illinois and Ohio are now properly 

identified as mining and milling 

Agreement States and in 

§§ 30.6(b)(2)(iv)(A), 40.5(b)(2)(iv)(A), 

and 70.5(b)(2)(iv)(A), Colorado, Utah, 

Texas and Washington are also 

identified as mining and milling 

Agreement States. This addition was 

made to highlight those Agreements 

States who selected oversight authority 

concerning this type of regulation. 

Amend Relevant Sections to Identify 

That Region II’s Materials Program Has 

Been Merged Into That of Region I 

The contact information for material 

licensees has been updated in 

§§ 30.6(b)(2)(ii), 40.5(b)(2)(ii), 

70.5(b)(2)(ii) to reflect Region I because 

Region II’s materials program has been 

merged into that of Region I. 

Remove Obsolete Text 

Sections 30.37, 40.43, and 70.33 are 

revised to remove obsolete text, 

contained in paragraph (b) of each 

section, that is related to a final rule 

published on January 16, 1996 (61 FR 


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1109). The final rule provided, on a onetime basis, a five-year extension for 

certain licenses. Those license 

extensions are now expired. 

Correct Office Title Associated with the 

Office of Nuclear Material Safety and 

Safeguards 

The office title ‘‘Spent Fuel Project 

Office’’ is corrected to ‘‘Division of Spent 

Fuel Storage and Transportation’’ in 

§§ 71.1, 71.17(c)(3), 71.95(c), 71.101(c), 

72.4, 72.16(a), 72.44(f), and 72.186(b). 

Use the Formal Title for the Office of 

Federal and State Materials and 

Environmental Management Programs 

Section 71.97(c)(3)(iii) is revised to 

change the office title from ‘‘Office of 

State Programs’’ to ‘‘Office of Federal 

and State Materials and Environmental 

Management Programs’’. 

Remove Text for an Exemption that 

Expired on October 18, 2004 

In a petition for rulemaking (PRM) 

submitted by the Nuclear Energy 

Institute on April 16, 2008 (PRM–70–8; 

Docket ID NRC–2009–0184), the 

petitioner requested removal of the 

exemption in the introductory text to 

Appendix A to 10 CFR part 70 because 

this exemption expired on October 18, 

2004. The NRC agrees with the 

petitioner and the text is removed. 

Correct Column Heading in Appendix B 

of 10 CFR Part 20 

In the second table that appears in 

Appendix B to 10 CFR part 20, the 

heading for the second column of Table 

1 which reads ‘‘μCi/ml’’ is corrected to 

read ‘‘μCi’’. 

Correct to Use the Defined Term 

‘‘Watchman’’ 

In § 26.4(a)(5), the term ‘‘watchperson’’ 

is replaced with the defined term 

‘‘watchman’’. 

Correct the Spelling of the Word 

‘‘Measures’’ 

In § 50.70(b)(3), the spelling of the 

word ‘‘measures’’ is corrected. 

Remove References to Information 

Collections 

In § 34.8(b), the reference to § 34.53 is 

removed because it does not contain any 

information collections. In § 71.6(b), the 

reference to § 71.20 is removed because 

the information collection in that 

section has expired. 

Add Missing Punctuation 

In § 50.56, a comma is added after the 

word ‘‘contrary’’. 

Remove Reference to Section That Does 

Not Exist 

In § 150.10, the reference to § 150.18 

is removed because that section does 

not exist. 

Correct Name of NUREG 

In § 150.17(b), the name ‘‘NUREG/BR– 

007’’ is corrected to read ‘‘NUREG/BR– 

0007’’. 

Correct Executive Order Reference 

Executive Order (E.O.) 12958 was 

revoked and replaced with E.O. 13526 

in early 2010. References were corrected 

to E.O. 13526 in the authority citations 

to 10 CFR parts 25, 54, and 95; 

definitions in §§ 10.5, 25.5, 95.5, and 

110.2; and §§ 25.37(b) and 95.59. 

Make Conforming Changes for 

Consistency and Correct an Error in 10 

CFR Part 26 

Conforming changes to refer to 

‘‘review procedure’’ are made in § 26.39. 

Conforming changes to refer to 

individuals ‘‘constructing or directing 

the construction of safety- or securityrelated SSCs’’ are made in 

§§ 26.403(b)(2)(ii), 26.403(b)(3), 

26.405(c)(1), 26.406(b), 26.406(d), 

26.407 and 26.409. An incorrect 

reference to operators licensed under 10 

CFR Part 52 is removed from the 

introductory text of § 26.719(b)(2). 

Rulemaking Procedure 

Because these amendments constitute 

minor administrative corrections to the 

regulations, the Commission finds that 

the notice and comment provisions of 

the Administrative Procedure Act are 

unnecessary and is exercising its 

authority under 5 U.S.C. 553(b)(B) to 

publish these amendments as a final 

rule. The amendments are effective 30 

days after publication in the Federal 

Register. These amendments do not 

require action by any person or entity 

regulated by the NRC. Also, the final 

rule does not change the substantive 

responsibilities of any person or entity 

regulated by the NRC. 

Environmental Impact: Categorical 

Exclusion 

The NRC has determined that this 

final rule is the type of action described 

in categorical exclusion 10 CFR 

51.22(c)(2), which excludes from a 

major action rules which are corrective 

or of a minor non-policy nature and do 

not substantially modify existing 

regulations. Therefore, neither an 

environmental impact statement nor an 

environmental assessment has been 

prepared for this rule. 

Paperwork Reduction Act Statement 

This final rule does not contain 

information collection requirements 

and, therefore, is not subject to the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a request for information or an 

information collection requirement 

unless the requesting document 

displays a currently valid Office of 

Management and Budget control 

number. 

Backfit Analysis 

The NRC has determined that the 

backfit rule does not apply to this final 

rule; therefore, a backfit analysis is not 

required for this final rule because these 

amendments are administrative in 

nature and do not involve any 

provisions that would impose backfits 

as defined in 10 CFR chapter I, or be 

inconsistent with the issue finality 

provisions in 10 CFR part 52. 

Congressional Review Act (CRA) 

Under the CRA of 1996, the NRC has 

determined that this action is not a 

major rule and has verified this 

determination with the Office of 

Information and Regulatory Affairs of 

OMB. 

List of Subjects 

10 CFR Part 2 

Administrative practice and 

procedure, Antitrust, Byproduct 

material, Classified information, 

Environmental protection, Nuclear 

materials, Nuclear power plants and 

reactors, Penalties, Sex discrimination, 

Source material, Special nuclear 

material, Waste treatment and disposal. 

10 CFR Part 10 

Administrative practice and 

procedure, Classified information, 

Government employees, Security 

measures. 

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, Source 

material, Special nuclear material, 

Waste treatment and disposal. 

10 CFR Part 25 

Classified information, Criminal 

penalties, Investigations, Reporting and 


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recordkeeping requirements, Security 

measures. 

10 CFR Part 26 

Alcohol abuse, Alcohol testing, 

Appeals, Chemical testing, Drug abuse, 

Drug testing, Employee assistance 

programs, Fatigue, Fitness for duty, 

Management actions, Nuclear power 

reactors, Protection of information, 

Reporting and recordkeeping 

requirement. 

10 CFR Part 30 

Byproduct material, Criminal 

penalties, Government contracts, 

Intergovernmental relations, Isotopes, 

Nuclear materials, Radiation protection, 

Reporting and recordkeeping 

requirements. 

10 CFR Part 34 

Criminal penalties, Packaging and 

containers, Radiation protection, 

Radiography, Reporting and 

recordkeeping requirements, Scientific 

equipment, Security measures. 

10 CFR Part 40 

Criminal penalties, Government 

contracts, Hazardous materials 

transportation, Nuclear materials, 

Reporting and recordkeeping 

requirements, Source material, 

Uranium. 

10 CFR Part 50 

Antitrust, Classified information, 

Criminal penalties, Fire protection, 

Intergovernmental relations, Nuclear 

power plants and reactors, Radiation 

protection, Reactor siting criteria, 

Reporting and recordkeeping 

requirements. 

10 CFR Part 54 

Administrative practice and 

procedure, Age-related degradation, 

Backfitting, Classified information, 

Criminal penalties, Environmental 

protection, 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 71 

Criminal penalties, Hazardous 

materials transportation, Nuclear 

materials, Packaging and containers, 

Reporting and recordkeeping 

requirements. 

10 CFR Part 72 

Administrative practice and 

procedure, Criminal penalties, 

Manpower training programs, Nuclear 

materials, Occupational safety and 

health, Penalties, Radiation protection, 

Reporting and recordkeeping 

requirements, Security measures, Spent 

fuel, Whistleblowing. 

10 CFR Part 95 

Classified information, Criminal 

penalties, Reporting and recordkeeping 

requirements, Security measures. 

10 CFR Part 110 

Administrative practice and 

procedure, Classified information, 

Criminal penalties, Export, Import, 

Intergovernmental relations, Nuclear 

materials, Nuclear power plants and 

reactors, Reporting and recordkeeping 

requirements, Scientific equipment. 

10 CFR Part 150 

Criminal penalties, Hazardous 

materials transportation, 

Intergovernmental relations, Nuclear 

materials, Reporting and recordkeeping 

requirements, Security measures, 

Source material, Special nuclear 

material. 

■ 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 NRC is adopting the following 

amendments to 10 CFR parts 2, 10, 20, 

25, 26, 30, 34, 40, 50, 54, 70, 71, 72, 95, 

110, and 150. 

PART 2—RULES OF PRACTICE FOR 

DOMESTIC LICENSING PROCEEDINGS 

AND ISSUANCE OF ORDERS 

■ 1. The authority citation for part 2 

continues to read as follows: 

Authority: Secs.161, 181, 68 Stat. 948, 953, 

as amended (42 U.S.C. 2201, 2231); sec. 191, 

as amended, Pub. L. 87–615, 76 Stat. 409 (42 

U.S.C. 2241); sec. 201, 88 Stat. 1242, as 

amended (42 U.S.C. 5841); 5 U.S.C. 552; sec. 

1704, 112 Stat. 2750 (44 U.S.C. 3504 note). 

Section 2.101 also issued under secs. 53, 

62, 63, 81, 103, 104, 68 Stat. 930, 932, 933, 

935, 936, 937, 938, as amended (42 U.S.C. 

2073, 2092, 2093, 2111, 2133, 2134, 2135); 

sec. 114(f), Pub. L. 97–425, 96 Stat. 2213, as 

amended (42 U.S.C. 10143(f)); sec. 102, Pub. 

L. 91–190, 83 Stat. 853, as amended (42 

U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 

U.S.C. 5871). 

Sections 2.102, 2.103, 2.104, 2.105, 2.321 

also issued under secs. 102, 103, 104, 105, 

183i, 189, 68 Stat. 936, 937, 938, 954, 955, 

as amended (42 U.S.C. 2132, 2133, 2134, 

2135, 2233, 2239). Section 2.105 also issued 

under Pub. L. 97–415, 96 Stat. 2073 (42 

U.S.C. 2239). Sections 2.200–2.206 also 

issued under secs. 161 b, i, o, 182, 186, 234, 

68 Stat. 948–951, 955, 83 Stat. 444, as 

amended (42 U.S.C. 2201(b), (i), (o), 2236, 

2282); sec. 206, 88 Stat. 1246 (42 U.S.C. 

5846). Section 2.205(j) also issued under Pub. 

L. 101–410, 104 Stat. 90, as amended by 

section 3100(s), Pub. L. 104–134, 110 Stat. 

1321–373 (28 U.S.C. 2461 note). Subpart C 

also issued under sec. 189, 68 Stat. 955 (42 

U.S.C. 2239). Section 2.301 also issued under 

5 U.S.C. 554. Sections 2.343, 2.346, 2.712 

also issued under 5 U.S.C. 557. Section 2.340 

also issued under secs. 135, 141, Pub. L. 97– 

425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 

10161). Section 2.390 also issued under sec. 

103, 68 Stat. 936, as amended (42 U.S.C. 

2133) and 5 U.S.C. 552. Sections 2.600–2.606 

also issued under sec. 102, Pub. L. 91–190, 

83 Stat. 853, as amended (42 U.S.C. 4332). 

Sections 2.800 and 2.808 also issued under 

5 U.S.C. 553. Section 2.809 also issued under 

5 U.S.C. 553, and sec. 29, Pub. L. 85–256, 71 

Stat. 579, as amended (42 U.S.C. 2039). 

Subpart K also issued under sec. 189, 68 Stat. 

955 (42 U.S.C. 2239); sec. 134, Pub. L. 97– 

425, 96 Stat. 2230 (42 U.S.C. 10154). Subpart 

L also issued under sec. 189, 68 Stat. 955 (42 

U.S.C. 2239). Subpart M also issued under 

sec. 184 (42 U.S.C. 2234) and sec. 189, 68 

Stat. 955 (42 U.S.C. 2239). Subpart N also 

issued under sec. 189, 68 Stat. 955 (42 U.S.C. 

2239. Appendix A also issued under sec. 6, 

Pub. L. 91–550, 84 Stat. 1473 (42 U.S.C. 

2135). 

■ 2. In § 2.390, revise paragraphs 

(b)(1)(i)(A) and (b)(1)(i)(B) to read as 

follows: 

§ 2.390 Public inspections, exemptions, 

requests for withholding. 

* * * * * 

(b) * * * 

(1) * * * 

(i) * * * 

(A) The first page of the document, 

and each successive page containing 

such information, must be marked so as 

to be readily visible, at the top, or by 

electronic watermark or other suitable 

marking on the body of the page, with 

language substantially similar to: 

‘‘confidential information submitted 

under 10 CFR 2.390,’’ ‘‘withhold from 

public disclosure under 10 CFR 2.390,’’ 

or ‘‘proprietary,’’ to indicate that it 

contains information the submitter 

seeks to have withheld. 

(B) Each document or page, as 

appropriate, containing information 

sought to be withheld from public 

disclosure must indicate, adjacent to the 

information, or as specified in 

paragraph (b)(1)(i)(A) of this section if 

the entire page is affected, the basis (i.e., 

trade secret, personal privacy, etc.) for 

proposing that the information be 

withheld from public disclosure under 

paragraph (a) of this section. 

* * * * * 


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PART 10—CRITERIA AND 

PROCEDURES FOR DETERMINING 

ELIGIBILITY FOR ACCESS TO 

RESTRICTED DATA OR NATIONAL 

SECURITY INFORMATION OR AN 

EMPLOYMENT CLEARANCE 

■ 3. The authority citation for part 10 

continues to read as follows: 

Authority: Secs. 145, 161, 68 Stat. 942, 

948, as amended (42 U.S.C. 2165, 2201); sec. 

201, 88 Stat. 1242, as amended (42 U.S.C. 

5841); E.O. 10450, 3 CFR parts 1949–1953 

Comp., p. 936, as amended; E.O. 10865, 3 

CFR 1959–1963 Comp., p. 398, as amended; 

3 CFR Table 4; E.O. 12968, 3 CFR 1995 

COM., p.396. 

■ 4. In § 10.5, revise the definition of 

National Security Information to read as 

follows: 

§ 10.5 Definitions. 

* * * * * 

National Security Information means 

information that has been determined 

under Executive Order 13526 or any 

predecessor or successor order to 

require protection against unauthorized 

disclosure and that is so designated. 

* * * * * 

PART 20—STANDARDS FOR 

PROTECTION AGAINST RADIATION 

■ 5. 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, 935, 936, 

937, 948, 953, 955, as amended, sec. 1701, 

106 Stat. 2951, 2952, 2953 (42 U.S.C. 2073, 

2093, 2095, 2111, 2133, 2134, 2201, 2232, 

2236, 2297f), secs. 201, as amended, 202, 

206, 88 Stat. 1242, as amended, 1244, 1246 

(42 U.S.C. 5841, 5842, 5846); sec. 1704, 112 

Stat. 2750 (44 U.S.C. 3504 note); Energy 

Policy Act of 2005, Pub. L. 109–58, 119 stat. 

594 (2005). 

■ 6. In Appendix B to part 20, revise the 

first page of the second table that 

appears to read as follows: 

Appendix B to Part 20—Annual Limits 

on Intake (ALIs) and Derived Air 

Concentrations (DACs) of 

Radionuclides for Occupational 

Exposure; Effluent Concentrations; 

Concentrations for Release to Sewerage 

* * * * * 

BILLING CODE 7590–01–P 


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BILLING CODE 7590–01–C 


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* * * * * 

PART 25—ACCESS AUTHORIZATION 

FOR LICENSEE PERSONNEL 

■ 7. Revise the authority citation for part 

25 to read as follows: 

Authority: Secs. 145, 161, 68 Stat. 942, 

948, as amended (42 U.S.C. 2165, 2201); sec. 

201, 88 Stat. 1242, as amended (42 U.S.C. 

5841); sec. 1704, 112 Stat. 2750 (44 U.S.C. 

3504 note); E.O. 10865, as amended, 3 CFR 

1959–1963 Comp., p. 398 (50 U.S.C. 401, 

note); E.O. 12829, 3 CFR, 1993 Comp., p. 570; 

E.O. 13526, as amended, 3 CFR, 1995 Comp., 

p. 333, as amended by E.O. 13292, 3 CFR 

2004 Comp., p. 196; E.O. 12968, 3 CFR, 1995 

Comp, p. 396; 

Appendix A also issued under 96 Stat. 

1051 (31 U.S.C. 9701). 

■ 8. In § 25.5, revise the definition of 

Classified National Security Information 

to read as follows: 

§ 25.5 Definitions. 

* * * * * 

Classified National Security 

Information means information that has 

been determined under E.O. 13526, as 

amended, or any predecessor or 

successor order to require protection 

against unauthorized disclosure and 

that is so designated. 

* * * * * 

■ 9. In § 25.37, revise paragraph (b) to 

read as follows: 

§ 25.37 Violations. 

* * * * * 

(b) National Security Information is 

protected under the requirements and 

sanctions of Executive Order 13526, as 

amended, or any predecessor or 

successor orders. 

PART 26—FITNESS FOR DUTY 

PROGRAMS 

■ 10. The authority citation for part 26 

continues to read as follows: 

Authority: Secs. 53, 81, 103, 104, 107, 161, 

68 Stat. 930, 935, 936, 937, 948, as amended, 

sec. 1701, 106 Stat. 2951, 2952, 2953 (42 

U.S.C. 2073, 2111, 2112, 2133, 2134, 2137, 

2201, 2297f); secs. 201, 202, 206, 88 Stat. 

1242, 1244, 1246, as amended (42 U.S.C. 

5841, 5842, 5846). 

§ 26.4 [Amended] 

■ 11. In § 26.4, paragraph (a)(5), remove 

the word ‘‘watchperson’’ and add in its 

place the word ‘‘watchman’’. 

■ 12. Revise § 26.39 to read as follows: 

§ 26.39 Review process for fitness-for-duty 

policy violations. 

(a) Each licensee and other entity who 

is subject to this subpart shall establish 

procedures for the review of a 

determination that an individual who 

they employ or who has applied for 

authorization has violated the FFD 

policy. The review procedure must 

provide for an objective and impartial 

review of the facts related to the 

determination that the individual has 

violated the FFD policy. 

(b) The review procedure must 

provide notice to the individual of the 

grounds for the determination that the 

individual has violated the FFD policy, 

and must provide an opportunity for the 

individual to respond and submit 

additional relevant information. 

(c) The review procedure must ensure 

that the individual who conducts the 

review is not associated with the 

administration of the FFD program [see 

the description of FFD program 

personnel in § 26.4(g)]. Individuals who 

conduct the review may be management 

personnel. 

(d) If the review finds in favor of the 

individual, the licensee or other entity 

shall update the relevant records to 

reflect the outcome of the review and 

delete or correct all information the 

review found to be inaccurate. 

(e) When a C/V is administering an 

FFD program on which licensees and 

other entities rely, and the C/V 

determines that its employee, 

subcontractor, or applicant has violated 

its FFD policy, the C/V shall ensure that 

the review procedure required in this 

section is provided to the individual. 

Licensees and other entities who rely on 

a C/V’s FFD program need not provide 

the review procedure required in this 

section to a C/V’s employee, 

subcontractor, or applicant when the 

C/V is administering its own FFD 

program and the FFD policy violation 

was determined under the C/V’s 

program. 

■ 13. In § 26.403, revise paragraphs 

(b)(2)(ii) and (b)(3) to read as follows: 

§ 26.403 Written policy and procedures. 

* * * * * 

(b) * * * 

(2) * * * 

(ii) Consumed alcohol to excess before 

or while constructing or directing the 

construction of safety- or securityrelated SSCs, as determined by a test 

that accurately measures BAC; 

* * * * * 

(3) The process to be followed if an 

individual’s behavior or condition raises 

a concern regarding the possible use, 

sale, or possession of illegal drugs on or 

off site; the possible use or possession 

of alcohol while constructing or 

directing the construction of safety- or 

security-related SSCs; or impairment 

from any cause which in any way could 

adversely affect the individual’s ability 

to safely and competently perform his or 

her duties. 

■ 14. In § 26.405, revise paragraph (c)(1) 

to read as follows: 

26.405 Drug and alcohol testing. 

* * * * * 

(c) * * * 

(1) Pre-assignment. Before assignment 

to construct or direct the construction of 

safety- or security-related SSCs; 

* * * * * 

■ 15. In § 26.406, revise paragraphs (b) 

and (d) to read as follows: 

§ 26.406 Fitness monitoring. 

* * * * * 

(b) Licensees and other entities shall 

implement a fitness monitoring program 

to deter substance abuse and detect 

indications of possible use, sale, or 

possession of illegal drugs; use or 

possession of alcohol while constructing 

or directing the construction of safetyor security-related SSCs; or impairment 

from any cause that if left unattended 

may result in a risk to public health and 

safety or the common defense and 

security. 

* * * * * 

(d) Licensees and other entities shall 

ensure that the fitness of individuals 

specified in § 26.4(f) is monitored 

effectively while the individuals are 

constructing or directing the 

construction of safety- and securityrelated SSCs, commensurate with the 

potential risk to public health and safety 

and the common defense and security 

imposed by the construction activity. To 

achieve this objective, licensees and 

other entities shall consider the number 

and placement of monitors required, the 

necessary ratio of monitors to 

individuals specified in § 26.4(f), and 

the frequency with which the 

individuals specified in § 26.4(f) shall 

be monitored while constructing or 

directing the construction of each 

safety- or security-related SSC. 

■ 16. Revise § 26.407 to read as follows: 

§ 26.407 Behavioral observation. 

While the individuals specified in 

§ 26.4(f) are constructing or directing the 

construction of safety- or securityrelated SSCs, licensees and other 

entities shall ensure that these 

individuals are subject to behavioral 

observation, except if the licensee or 

other entity has implemented a fitness 

monitoring program under § 26.406. 

■ 17. Revise § 26.409 to read as follows: 

§ 26.409 Sanctions. 

Licensees and other entities who 

implement an FFD program under this 


jdjones on DSK8KYBLC1PROD with RULES
73942 Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Rules and Regulations 

subpart shall establish sanctions for FFD 

policy violations that, at a minimum, 

prohibit the individuals specified in 

§ 26.4(f) from being assigned to 

construct or direct the construction of 

safety- or security-related SSCs unless 

or until the licensee or other entity 

determines that the individual’s 

condition or behavior does not pose a 

potential risk to public health and safety 

or the common defense and security. 

■ 18. In § 26.719, revise the introductory 

text of paragraph (b)(2) to read as 

follows: 

§ 26.719 Reporting requirements. 

* * * * * 

(b) * * * 

(2) Any acts by any person licensed 

under 10 CFR part 55 to operate a power 

reactor, as well as any acts by SSNM 

transporters, FFD program personnel, or 

any supervisory personnel who are 

authorized under this part, if such 

acts— 

* * * * * 

PART 30—RULES OF GENERAL 

APPLICABILITY TO DOMESTIC 

LICENSING OF BYPRODUCT 

MATERIAL 

■ 19. 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); sec. 1704, 112 Stat. 2750 

(44 U.S.C. 3504 note); Energy Policy Act of 

2005, Pub. L. No. 109–58, 119 Stat. 549 

(2005). 

Section 30.7 also issued under Pub. L. 95– 

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

Pub. L. 102–486, 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). 

■ 20. In § 30.6, revise paragraph (b)(2) to 

read as follows: 

§ 30.6 Communications. 

* * * * * 

(b) * * * 

(2) Submissions. (i) Region I. The 

regional licensing program involves all 

Federal facilities in the region and nonFederal licensees in the following 

Region I non-Agreement States and the 

District of Columbia: Connecticut, 

Delaware, and Vermont. All mailed or 

hand-delivered inquiries, 

communications, and applications for a 

new license or an amendment, renewal, 

or termination request of an existing 

license specified in paragraph (b)(1) of 

this section must use the following 

address: U.S. Nuclear Regulatory 

Commission, Region I, Nuclear Material 

Section B, 475 Allendale Road, King of 

Prussia, PA 19406–1415; where e-mail 

is appropriate it should be addressed to 

RidsRgn1MailCenter.Resource@nrc.gov. 

(ii) Region II. The regional licensing 

program involves all Federal facilities in 

the region and non-Federal licensees in 

the following Region II non-Agreement 

States and territories: West Virginia, 

Puerto Rico, and the Virgin Islands. All 

mailed or hand-delivered inquiries, 

communications, and applications for a 

new license or an amendment, renewal, 

or termination request of an existing 

license specified in paragraph (b)(1) of 

this section must use the following 

address: U.S. Nuclear Regulatory 

Commission, Region I, Nuclear Material 

Section B, 475 Allendale Road, King of 

Prussia, PA 19406–1415; where e-mail 

is appropriate it should be addressed to 

RidsRgn1MailCenter.Resource@nrc.gov. 

(iii) Region III. (A) The regional 

licensing program for mining and 

milling involves all Federal facilities in 

the region, and non-Federal licensees in 

the Region III non-Agreement States of 

Indiana, Michigan, Missouri and the 

Region III Agreement States of 

Minnesota, Wisconsin, and Iowa. All 

mailed or hand-delivered inquiries, 

communications, and applications for a 

new license or an amendment, renewal, 

or termination request of an existing 

license specified in paragraph (b)(1) of 

this section must use the following 

address: U.S. Nuclear Regulatory 

Commission, Region III, Material 

Licensing Section, 2443 Warrenville 

Road, Suite 210, Lisle, IL 60532–4352; 

where e-mail is appropriate it should be 

addressed to 

RidsRgn3MailCenter.Resource@nrc.gov. 

(B) Otherwise, the regional licensing 

program involves all Federal facilities in 

the region and non-Federal licensees in 

the Region III non-Agreement States of 

Indiana, Michigan, and Missouri. All 

mailed or hand-delivered inquiries, 

communications, and applications for a 

new license or an amendment, renewal, 

or termination request of an existing 

license specified in paragraph (b)(1) of 

this section must use the following 

address: U.S. Nuclear Regulatory 

Commission, Region III, Material 

Licensing Section, 2443 Warrenville 

Road, Suite 210, Lisle, IL 60532–4352; 

where e-mail is appropriate it should be 

addressed to 

RidsRgn3MailCenter.Resource@nrc.gov. 

(iv) Region IV. (A) The regional 

licensing program for mining and 

milling involves all Federal facilities in 

the region, and non-Federal licensees in 

the Region IV non-Agreement States and 

territory of Alaska, Hawaii, Idaho, 

Montana, South Dakota, Wyoming and 

Guam and Region IV Agreement States 

of Oregon, California, Nevada, New 

Mexico, Louisiana, Mississippi, 

Arkansas, Oklahoma, Kansas, Nebraska, 

and North Dakota. All mailed or handdelivered inquiries, communications, 

and applications for a new license or an 

amendment, renewal, or termination 

request of an existing license specified 

in paragraph (b)(1) of this section must 

use the following address: U.S. Nuclear 

Regulatory Commission, Region IV, 

Division of Nuclear Materials Safety, 

612 E. Lamar Blvd., Suite 400, 

Arlington, TX 76011–4125; where 

e-mail is appropriate it should be 

addressed to 

RidsRgn4MailCenter.Resource@nrc.gov. 

(B) Otherwise, the regional licensing 

program involves all Federal facilities in 

the region and non-Federal licensees in 

the following Region IV non-Agreement 

States and territory: Alaska, Hawaii, 

Idaho, Montana, South Dakota, 

Wyoming, and Guam. All mailed or 

hand-delivered inquiries, 

communications, and applications for a 

new license or an amendment, renewal, 

or termination request of an existing 

license specified in paragraph (b)(1) of 

this section must use the following 

address: U.S. Nuclear Regulatory 

Commission, Region IV, Division of 

Nuclear Materials Safety, 612 E. Lamar 

Blvd., Suite 400, Arlington, TX 76011– 

4125; where e-mail is appropriate it 

should be addressed to 

RidsRgn4MailCenter.Resource@nrc.gov. 

■ 21. Revise § 30.37 to read as follows: 

§ 30.37 Application for renewal of licenses. 

Application for renewal of a specific 

license must be filed on NRC Form 313 

and in accordance with § 30.32. 

PART 34—LICENSES FOR 

INDUSTRIAL RADIOGRAPHY AND 

RADIATION SAFETY REQUIREMENTS 

FOR INDUSTRIAL RADIOGRAPHIC 

OPERATIONS 

■ 22. The authority citation for part 34 

continues to read as follows: 

Authority: Secs. 81, 161, 182, 183, 68 Stat. 

935, 948, 953, 954, as amended (42 U.S.C. 

2111, 2201, 2232, 2233); sec. 201, 88 Stat. 

1242, as amended (42 U.S.C. 5841); sec. 1704, 

112 Stat. 2750 (44 U.S.C. 3504 note). Section 

34.45 also issued under sec. 206, 88 Stat. 

1246, (42 U.S.C. 5846). 

§ 34.8 [Amended] 

■ 23. In § 34.8, paragraph (b), to remove 

the reference ‘‘34.53,’’. 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Rules and Regulations 73943 

PART 40—DOMESTIC LICENSING OF 

SOURCE MATERIAL 

■ 24. 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); sec. 193, 104 Stat. 2835, as amended 

by Pub. L. 104–134, 110 Stat. 1321, 1321–349 

(42 U.S.C. 2243); sec. 1704, 112 Stat. 2750 (44 

U.S.C. 3504 note); Energy Policy Act of 2005, 

Pub. L. No. 109–59, 119 Stat. 594 (2005). 

Section 40.7 also issued under Pub. L. 95– 

601, sec. 10, 92 Stat. 2951 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. 2234). 

Section 40.71 also issued under sec. 187, 68 

Stat. 955 (42 U.S.C. 2237). 

■ 25. In § 40.5, revise paragraph (b)(2) to 

read as follows: 

§ 40.5 Communications. 

* * * * * 

(b) * * * 

(2) Submissions. (i) Region I. The 

regional licensing program involves all 

Federal facilities in the region and nonFederal licensees in the following 

Region I non-Agreement States and the 

District of Columbia: Connecticut, 

Delaware, and Vermont. All mailed or 

hand-delivered inquiries, 

communications, and applications for a 

new license or an amendment or 

renewal of an existing license specified 

in paragraph (b)(1) of this section must 

use the following address: U.S. Nuclear 

Regulatory Commission, Region I, 

Nuclear Material Section B, 475 

Allendale Road, King of Prussia, PA 

19406–1415; where e-mail is 

appropriate it should be addressed to 

RidsRgn1MailCenter.Resource@nrc.gov. 

(ii) Region II. The regional licensing 

program involves all Federal facilities in 

the region and non-Federal licensees in 

the following Region II non-Agreement 

States and territories: West Virginia, 

Puerto Rico, and the Virgin Islands. All 

mailed or hand-delivered inquiries, 

communications, and applications for a 

new license or an amendment, renewal, 

or termination request of an existing 

license specified in paragraph (b)(1) of 

this section must use the following 

address: U.S. Nuclear Regulatory 

Commission, Region I, Nuclear Material 

Section B, 475 Allendale Road, King of 

Prussia, PA 19406–1415; where e-mail 

is appropriate it should be addressed to 

RidsRgn1MailCenter.Resource@nrc.gov. 

(iii) Region III. (A) The regional 

licensing program for mining and 

milling involves all Federal facilities in 

the region, and non-Federal licensees in 

the Region III non-Agreement States of 

Indiana, Michigan, Missouri and Region 

III Agreement States of Minnesota, 

Wisconsin, and Iowa. All mailed or 

hand-delivered inquiries, 

communications, and applications for a 

new license or an amendment, renewal, 

or termination request of an existing 

license specified in paragraph (b)(1) of 

this section must use the following 

address: U.S. Nuclear Regulatory 

Commission, Region III, Material 

Licensing Section, 2443 Warrenville 

Road, Suite 210, Lisle, IL 60532–4352; 

where e-mail is appropriate it should be 

addressed to 

RidsRgn3MailCenter.Resource@nrc.gov. 

(B) Otherwise, the regional licensing 

program involves all Federal facilities in 

the region and non-Federal licensees in 

the following Region III non-Agreement 

States: Indiana, Michigan, and Missouri. 

All mailed or hand-delivered inquiries, 

communications, and applications for a 

new license or an amendment, or 

renewal of an existing license specified 

in paragraph (b)(1) of this section must 

use the following address: U.S. Nuclear 

Regulatory Commission, Region III, 

Material Licensing Section, 2443 

Warrenville Road, Suite 210, Lisle, IL 

60532–4352; where e-mail is 

appropriate it should be addressed to 

RidsRgn3MailCenter.Resource@nrc.gov. 

Outside of this jurisdiction, concerning 

the licensing program involving mining 

and milling, the Agreement States of 

Illinois and Ohio should be contacted. 

(iv) Region IV. (A) The regional 

licensing program for mining and 

milling involves all Federal facilities in 

the region, and non-Federal licensees in 

the Region IV non-Agreement States and 

territory of Alaska, Hawaii, Idaho, 

Montana, South Dakota, Wyoming and 

Guam and Region IV Agreement States 

of Oregon, California, Nevada, New 

Mexico, Louisiana, Mississippi, 

Arkansas, Oklahoma, Kansas, Nebraska, 

and North Dakota. All mailed or handdelivered inquiries, communications, 

and applications for a new license or an 

amendment, renewal, or termination, 

request of an existing license specified 

in paragraph (b)(1) of this section must 

use the following address: U.S. Nuclear 

Regulatory Commission, Region IV, 

Division of Nuclear Materials Safety, 

612 E. Lamar Blvd., Suite 400, 

Arlington, TX 76011–4125; where email is appropriate it should be 

addressed to mail to: 

RidsRgn4MailCenter.Resource@nrc.gov. 

(B) Otherwise, the regional licensing 

program involves all Federal facilities in 

the region and non-Federal licensees in 

the following Region IV non-Agreement 

States and territory: Alaska, Hawaii, 

Idaho, Montana, South Dakota, 

Wyoming, and Guam. All mailed or 

hand-delivered inquiries, 

communications, and applications for a 

new license or an amendment or 

renewal of an existing license specified 

in paragraph (b)(1) of this section must 

use the following address: U.S. Nuclear 

Regulatory Commission, Region IV, 

Division of Nuclear Materials Safety, 

612 E. Lamar Blvd., Suite 400, 

Arlington, TX 76011–4125; where 

e-mail is appropriate it should be 

addressed to 

RidsRgn4MailCenter.Resource@nrc.gov. 

■ 26. Revise § 40.43 to read as follows: 

§ 40.43 Renewal of licenses. 

Application for renewal of a specific 

license must be filed on NRC Form 313 

and in accordance with § 40.31. 

PART 50—DOMESTIC LICENSING OF 

PRODUCTION AND UTILIZATION 

FACILITIES 

■ 27. The authority citation for part 50 

continues to read as follows: 

Authority: Secs. 102, 103, 104, 105, 161, 

182, 183, 186, 189, 68 Stat. 936, 937, 938, 

948, 953, 954, 955, 956, as amended, sec. 

234, 83 Stat. 444, as amended (42 U.S.C. 

2132, 2133, 2134, 2135, 2201, 2232, 2233, 

2236, 2239, 2282); secs. 201, as amended, 

202, 206, 88 Stat. 1242, as amended, 1244, 

1246 (42 U.S.C. 5841, 5842, 5846); sec. 1704, 

112 Stat. 2750 (44 U.S.C. 3504 note); Energy 

Policy Act of 2005, Pub. L. No. 109–58, 119 

Stat. 194 (2005). Section 50.7 also issued 

under Pub. L. 95–601, sec. 10, 92 Stat. 2951 

as amended by Pub. L. 102–486, sec. 2902, 

106 Stat. 3123 (42 U.S.C. 5841). Section 50.10 

also issued under secs. 101, 185, 68 Stat. 955, 

as amended (42 U.S.C. 2131, 2235); sec. 102, 

Pub. L. 91–190, 83 Stat. 853 (42 U.S.C. 4332). 

Sections 50.13, 50.54(dd), and 50.103 also 

issued under sec. 108, 68 Stat. 939, as 

amended (42 U.S.C. 2138). 

Sections 50.23, 50.35, 50.55, and 50.56 also 

issued under sec. 185, 68 Stat. 955 (42 U.S.C. 

2235). Sections 50.33a, 50.55a and Appendix 

Q also issued under sec. 102, Pub. L. 91–190, 

83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 

and 50.54 also issued under sec. 204, 88 Stat. 

1245 (42 U.S.C. 5844). Sections 50.58, 50.91, 

and 50.92 also issued under Pub. L. 97–415, 

96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 

also issued under sec. 122, 68 Stat. 939 (42 

U.S.C. 2152). Sections 50.80–50.81 also 

issued under sec. 184, 68 Stat. 954, as 

amended (42 U.S.C. 2234). Appendix F also 

issued under sec. 187, 68 Stat. 955 (42 U.S.C. 

2237). 


jdjones on DSK8KYBLC1PROD with RULES
73944 Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Rules and Regulations 

§ 50.56 [Amended] 

■ 28. In § 50.56, add a comma after the 

word ‘‘contrary’’. 

§ 50.70 [Amended] 

■ 29. In § 50.70, paragraph (b)(3), 

remove the word ‘‘meaures’’ and add in 

its place the word ‘‘measures’’. 

PART 54—REQUIREMENTS FOR 

RENEWAL OF OPERATING LICENSES 

FOR NUCLEAR POWER PLANTS 

■ 30. Revise the authority citation for 

part 54 to read as follows: 

Authority: Secs. 102, 103, 104, 161, 181, 

182, 183, 186, 189, 68 Stat. 936, 937, 938, 

948, 953, 954, 955, as amended, sec. 234, 83 

Stat. 1244, as amended (42 U.S.C. 2132, 2133, 

2134, 2135, 2201, 2232, 2233, 2236, 2239, 

2282); secs 201, 202, 206, 88 Stat. 1242, 1244, 

as amended (42 U.S.C. 5841, 5842). 

Section 54.17 also issued under E.O.12829, 

3 CFR, 1993 Comp., p.570; E.O. 13526, as 

amended, 3 CFR, 1995 Comp., p. 333; E.O. 

12968, 3 CFR, 1995 Comp., p.391. 

PART 70—DOMESTIC LICENSING OF 

SPECIAL NUCLEAR MATERIAL 

■ 31. 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, 2297f); 

secs. 201, as amended, 202, 204, 206, 88 Stat. 

1242, as amended, 1244, 1245, 1246 (42 

U.S.C. 5841, 5842, 5845, 5846). Sec. 193, 104 

Stat. 2835 as amended by Pub.L. 104–134, 

110 Stat. 1321, 1321–349 (42 U.S.C. 2243); 

sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 

note); Energy Policy Act of 2005, Pub. L. No. 

109–58, 119 Stat. 194 (2005). 

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 issued under Pub. L. 95– 

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

Pub. L. 102–486, sec. 2902, 106 Stat. 3123 (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 70.81 also issued under secs. 

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

Section 70.82 also issued under sec. 108, 68 

Stat. 939, as amended (42 U.S.C. 2138). 

■ 32. In § 70.5, revise paragraph (b)(2) to 

read as follows: 

§ 70.5 Communications. 

* * * * * 

(b) * * * 

(2) Submissions. (i) Region I. The 

regional licensing program involves all 

Federal facilities in the region and nonFederal licensees in the following 

Region I non-Agreement States and the 

District of Columbia: Connecticut, 

Delaware, and Vermont. All mailed or 

hand-delivered inquiries, 

communications, and applications for a 

new license or an amendment or 

renewal of an existing license specified 

in paragraph (b)(1) of this section must 

use the following address: U.S. Nuclear 

Regulatory Commission, Region I, 

Nuclear Material Section B, 475 

Allendale Road, King of Prussia, PA 

19406–1415; where e-mail is 

appropriate it should be addressed to 

RidsRgn1MailCenter.Resource@nrc.gov. 

(ii) Region II. The regional licensing 

program involves all Federal facilities in 

the region and non-Federal licensees in 

the following Region II non-Agreement 

States and territories: West Virginia, 

Puerto Rico, and the Virgin Islands. All 

mailed or hand-delivered inquiries, 

communications, and applications for a 

new license or an amendment, renewal, 

or termination request of an existing 

license specified in paragraph (b)(1) of 

this section must use the following 

address: U.S. Nuclear Regulatory 

Commission, Region I, Nuclear Material 

Section B, 475 Allendale Road, King of 

Prussia, PA 19406–1415; where e-mail 

is appropriate it should be addressed to 

RidsRgn1MailCenter.Resource@nrc.gov. 

(iii) Region III. (A) The regional 

licensing program for mining and 

milling involves all Federal facilities in 

the region, and non-Federal licensees in 

the Region III non-Agreement States of 

Indiana, Michigan, Missouri and Region 

III Agreement States of Minnesota, 

Wisconsin, and Iowa. All mailed or 

hand-delivered inquiries, 

communications, and applications for a 

new license or an amendment, renewal, 

or termination request of an existing 

license specified in paragraph (b)(1) of 

this section must use the following 

address: U.S. Nuclear Regulatory 

Commission, Region III, Material 

Licensing Section, 2443 Warrenville 

Road, Suite 210, Lisle, IL 60532–4352; 

where e-mail is appropriate it should be 

addressed to 

RidsRgn3MailCenter.Resource@nrc.gov. 

(B) Otherwise, the regional licensing 

program involves all Federal facilities in 

the region and non-Federal licensees in 

the following Region III non-Agreement 

States: Indiana, Michigan, and Missouri. 

All mailed or hand-delivered inquiries, 

communications, and applications for a 

new license or an amendment, or 

renewal of an existing license specified 

in paragraph (b)(1) of this section must 

use the following address: U.S. Nuclear 

Regulatory Commission, Region III, 

Material Licensing Section, 2443 

Warrenville Road, Suite 210, Lisle, IL 

60532–4352; where e-mail is 

appropriate it should be addressed to 

RidsRgn3MailCenter.Resource@nrc.gov. 

Outside of this jurisdiction, concerning 

the licensing program involving mining 

and milling, the Agreement States of 

Illinois and Ohio should be contacted. 

(iv) Region IV. (A) The regional 

licensing program for mining and 

milling involves all Federal facilities in 

the region, and non-Federal licensees in 

the Region IV non-Agreement States and 

territory of Alaska, Hawaii, Idaho, 

Montana, South Dakota, Wyoming and 

Guam and Region IV Agreement States 

of Oregon, California, Nevada, New 

Mexico, Louisiana, Mississippi, 

Arkansas, Oklahoma, Kansas, Nebraska, 

and North Dakota. All mailed or handdelivered inquiries, communications, 

and applications for a new license or an 

amendment, renewal, or termination 

request of an existing license specified 

in paragraph (b)(1) of this section must 

use the following address: U.S. Nuclear 

Regulatory Commission, Region IV, 

Division of Nuclear Materials Safety, 

612 E. Lamar Blvd., Suite 400, 

Arlington, TX 76011–4125; where 

e-mail is appropriate it should be 

addressed to 

RidsRgn4MailCenter.Resource@nrc.gov. 

(B) Otherwise, the regional licensing 

program involves all Federal facilities in 

the region and non-Federal licensees in 

the following Region IV non-Agreement 

States and territory: Alaska, Hawaii, 

Idaho, Montana, South Dakota, 

Wyoming, and Guam. All mailed or 

hand-delivered inquiries, 

communications, and applications for a 

new license or an amendment or 

renewal of an existing license specified 

in paragraph (b)(1) of this section must 

use the following address: U.S. Nuclear 

Regulatory Commission, Region IV, 

Division of Nuclear Materials Safety, 

612 E. Lamar Blvd., Suite 400, 

Arlington, TX 76011–4125; where 

e-mail is appropriate it should be 

addressed to 

RidsRgn4MailCenter.Resource@nrc.gov. 

Outside of this jurisdiction, concerning 

the licensing program involving mining 

and milling, the Agreement States of 

Colorado, Utah, Texas and Washington 

should be contacted. 

■ 33. Revise § 70.33 to read as follows: 

§ 70.33 Applications for renewal of 

licenses. 

Applications for renewal of a license 

should be filed in accordance with 

§§ 70.21 and 70.22. Information 

contained in previous applications, 

statements or reports filed with the 

Commission under the license may be 

incorporated by reference, provided that 

such references are clear and specific. 

■ 34. In Appendix A to part 70, revise 

the introductory text to read as follows: 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Rules and Regulations 73945 

Appendix A to Part 70—Reportable 

Safety Events 

Licensees must comply with reporting 

requirements in this appendix. As required 

by 10 CFR 70.74, licensees subject to the 

requirements in subpart H of part 70, shall 

report: 

* * * * * 

PART 71—PACKING AND 

TRANSPORTATION OF RADIOACTIVE 

MATERIAL 

■ 35. The authority citation for part 71 

continues to read as follows: 

Authority: Secs. 53, 57, 62, 63, 81, 161, 

182, 183, 68 Stat. 930, 932, 933, 935, 948, 

953, 954, as amended, sec. 1701, 106 Stat. 

2951, 2952, 2953 (42 U.S.C. 2073, 2077, 2092, 

2093, 2111, 2201, 2232, 2233, 2297f); secs. 

201, as amended, 202, 206, 88 Stat. 1242, as 

amended, 1244, 1246 (42 U.S.C. 5841, 5842, 

5846); sec. 1704, 112 Stat. 2750 (44 U.S.C. 

3504 note); Energy Policy Act of 2005, Pub. 

L. No. 109–58, 119 Stat. 594 (2005). Section 

71.97 also issued under sec. 301, Pub. L. 96– 

295, 94 Stat. 789–790. 

§ 71.1 [Amended] 

■ 36. In § 71.1, the first sentence of 

paragraph (a), remove the words ‘‘Spent 

Fuel Project Office’’ and add in their 

place the words ‘‘Division of Spent Fuel 

Storage and Transportation’’. 

§ 71.6 [Amended] 

■ 37. In § 71.6, paragraph (b), remove 

the reference ‘‘71.20,’’. 

§ 71.17 [Amended] 

■ 38. In § 71.17, paragraph (c)(3), 

remove the words ‘‘Spent Fuel Project 

Office’’ and add in their place the words 

‘‘Division of Spent Fuel Storage and 

Transportation’’. 

§ 71.95 [Amended] 

■ 39. In § 71.95, the fourth sentence of 

the introductory text of paragraph (c), 

remove the words ‘‘Spent Fuel Project 

Office’’ and add in their place the words 

‘‘Division of Spent Fuel Storage and 

Transportation’’. 

§ 71.97 [Amended] 

■ 40. In § 71.97, paragraph (c)(3)(iii), 

remove the words ‘‘Office of State 

Programs’’ and add in their place the 

words ‘‘Office of Federal and State 

Materials and Environmental 

Management Programs’’. 

§ 71.101 [Amended] 

■ 41. In § 71.101, the second sentence of 

paragraph (c)(1), remove the words 

‘‘Spent Fuel Project Office’’ and add in 

their place the words ‘‘Division of Spent 

Fuel Storage and Transportation’’. 

PART 72—LICENSING 

REQUIREMENTS FOR THE 

INDEPENDENT STORAGE OF SPENT 

NUCLEAR FUEL, HIGH-LEVEL 

RADIOACTIVE WASTE, AND 

REACTOR-RELATED GREATER THAN 

CLASS C WASTE 

■ 42. 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. 2951 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. 853 

(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 (42 U.S.C. 10151, 10152, 

10153, 10155, 10157, 10161, 10168); sec. 

1704, 112 Stat. 2750 (44 U.S.C. 3504 note); 

sec. 651(e), Pub. L. No. 109–58, 119 Stat. 

806–810 (42 U.S.C. 2014, 2021, 2021b, 2111). 

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)). Section 72.46 also 

issued under sec. 189, 68 Stat. 955 (42 U.S.C. 

2239); sec. 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, 2224 (42 

U.S.C. 10101, 10137(a), 10161(h)). 

Subparts K and L are also issued under sec. 

133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 

218(a), 96 Stat. 2252 (42 U.S.C. 10198). 

§ 72.4 [Amended] 

■ 43. In § 72.4, the first sentence, 

remove the words ‘‘Spent Fuel Project 

Office’’ and add in their place the words 

‘‘Division of Spent Fuel Storage and 

Transportation’’. 

§ 72.16 [Amended] 

■ 44. In § 72.16, paragraph (a), remove 

the words ‘‘Spent Fuel Project Office’’ 

and add in their place the words 

‘‘Division of Spent Fuel Storage and 

Transportation’’. 

§ 72.44 [Amended] 

■ 45. In § 72.44, the third sentence of 

paragraph (f), remove the words ‘‘Spent 

Fuel Project Office’’ and add in their 

place the words ‘‘Division of Spent Fuel 

Storage and Transportation’’. 

§ 72.186 [Amended] 

■ 46. In § 72.186, the second sentence of 

paragraph (b), remove the words ‘‘Spent 

Fuel Project Office’’ and add in their 

place the words ‘‘Division of Spent Fuel 

Storage and Transportation’’. 

PART 95—FACILITY SECURITY 

CLEARANCE AND SAFEGUARDING 

OF NATIONAL SECURITY 

INFORMATION AND RESTRICTED 

DATA 

■ 47. Revise the authority citation for 

part 95 to read as follows: 

Authority: Secs. 145, 161, 193, 68 Stat. 

942, 948, as amended (42 U.S.C. 2165, 2201); 

sec. 201, 88 Stat. 1242, as amended (42 

U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44 

U.S.C. 3504 note); E.O. 10865, as amended, 

3 CFR 1959–1963 Comp., p. 398 (50 U.S.C. 

401, note); E.O. 12829, 3 CFR, 1993 Comp., 

p. 570; E.O. 13526, as amended, 3 CFR, 1995 

Comp., p. 333, as amended by E.O. 13292, 3 

CFR, 2004 Comp., p. 196; E.O. 12968, 3 CFR, 

1995 Comp., p. 391. 

■ 48. In § 95.5, revise the definitions of 

Classified National Security Information 

and Infraction to read as follows: 

§ 95.5 Definitions. 

* * * * * 

Classified National Security 

Information means information that has 

been determined under E.O. 13526, as 

amended, or any predecessor or 

successor order to require protection 

against unauthorized disclosure and 

that is so designated. 

* * * * * 

Infraction means any knowing, 

willful, or negligent action contrary to 

the requirements of E.O. 13526, as 

amended, or any predecessor or 

successor order, or its implementing 

directives that does not comprise a 

‘‘violation,’’ as defined in this section. 

* * * * * 

■ 49. Revise § 95.59 to read as follows: 

§ 95.59 Inspections. 

The Commission shall make 

inspections and reviews of the premises, 

activities, records and procedures of any 

licensee, certificate holder, or other 

person subject to the regulations in this 

part as the Commission and CSA deem 

necessary to effect the purposes of the 

Act, E.O. 13526, as amended, or any 

predecessor or successor order, and/or 

NRC rules. 

PART 110—EXPORT AND IMPORT OF 

NUCLEAR EQUIPMENT AND 

MATERIAL 

■ 50. The authority citation for part 110 

continues to read as follows: 


jdjones on DSK8KYBLC1PROD with RULES
73946 Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Rules and Regulations 

Authority: Secs. 51, 53, 54, 57, 63, 64, 65, 

81, 82, 103, 104, 109, 111, 126, 127, 128, 129, 

134, 161, 170H., 181, 182, 187, 189, 68 Stat. 

929, 930, 931, 932, 933, 936, 937, 948, 953, 

954, 955, 956, as amended (42 U.S.C. 2071, 

2073, 2074, 2077, 2092–2095, 2111, 2112, 

2133, 2134, 2139, 2139a, 2141, 2154–2158, 

2160d., 2201, 2210h., 2231–2233, 2237, 

2239); sec. 201, 88 Stat. 1242, as amended (42 

U.S.C. 5841; sec. 5, Pub. L. 101–575, 104 Stat. 

2835 (42 U.S.C. 2243); sec. 1704, 112 Stat. 

2750 (44 U.S.C. 3504 note); Energy Policy Act 

of 2005; Pub. L. 109–58, 119 Stat. 594 (2005). 

Sections 110.1(b)(2) and 110.1(b)(3) also 

issued under Pub. L. 96–92, 93 Stat. 710 (22 

U.S.C. 2403). Section 110.11 also issued 

under sec. 122, 68 Stat. 939 (42 U.S.C. 2152) 

and secs. 54c and 57d, 88 Stat. 473, 475 (42 

U.S.C. 2074). Section 110.27 also issued 

under sec. 309(a), Pub. L. 99–440. Section 

110.50(b)(3) also issued under sec. 123, 92 

Stat. 142(42 U.S.C. 2153). Section 110.51 also 

issued under sec. 184, 68 Stat. 954, as 

amended (42 U.S.C. 2234). Section 110.52 

also issued under sec. 186, 68 Stat. 955 (42 

U.S.C. 2236). Sections 110.80–110.113 also 

issued under 5 U.S.C. 552, 554. Sections 

110.130–110.135 also issued under 5 U.S.C. 

553. Sections 110.2 and 110.42(a)(9) also 

issued under sec. 903, Pub. L. 102–496 (42 

U.S.C. 2151 et seq.). 

■ 51. In § 110.2, revise the definition of 

Classified Information to read as 

follows: 

§ 110.2 Definitions. 

* * * * * 

Classified Information means 

Classified National Security Information 

under Executive Order 13526, as 

amended, or any predecessor or 

successor Executive Order and 

Restricted Data under the Atomic 

Energy Act. 

* * * * * 

PART 150—EXEMPTIONS AND 

CONTINUED REGULATORY 

AUTHORITY IN AGREEMENT STATES 

AND IN OFFSHORE WATERS UNDER 

SECTION 274 

■ 52. The authority citation for part 150 

continues to read as follows: 

Authority: Sec. 161, 68 Stat. 948, as 

amended, sec. 274, 73 Stat. 688 (42 U.S.C. 

2201, 2021); sec. 201, 88 Stat. 1242, as 

amended (42 U.S.C. 5841); sec. 1704, 112 

Stat. 2750 (44 U.S.C. 3504 note); Energy 

Policy Act of 2005, Pub. L. No. 109–58, 119 

Stat. 594 (2005). Sections 150.3, 150.15, 

150.15a, 150.31, 150.32 also issued under 

secs. 11e(2), 81, 68 Stat. 923, 935, as 

amended, secs. 83, 84, 92 Stat. 3033, 3039 (42 

U.S.C. 2014e(2), 2111, 2113, 2114). Section 

150.14 also issued under sec. 53, 68 Stat. 930, 

as amended (42 U.S.C. 2073). 

Section 150.15 also issued under secs. 135, 

141, Pub. L. 97–425, 96 Stat. 2232, 2241 (42 

U.S.C. 10155, 10161). Section 150.17a also 

issued under sec. 122, 68 Stat. 939 (42 U.S.C. 

2152). Section 150.30 also issued under sec. 

234, 83 Stat. 444 (42 U.S.C. 2282). 

§ 150.10 [Amended] 

■ 53. In § 150.10, the first sentence, 

remove the reference ‘‘150.18,’’. 

§ 150.17 [Amended] 

■ 54. In § 150.17, the last sentence of 

paragraph (b)(1), remove the reference 

‘‘NUREG/BR–007’’ and add in its place 

the reference ‘‘NUREG/BR–0007’’. 

Dated at Rockville, Maryland, this 19th day 

of November 2010. 

For the Nuclear Regulatory Commission. 

Cindy Bladey, 

Chief, Rules, Announcements, and Directives 

Branch, Division of Administrative Services, 

Office of Administration. 

[FR Doc. 2010–29735 Filed 11–29–10; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 851 

Worker Safety and Health Program: 

Safety Conscious Work Environment 

AGENCY: Office of the General Counsel, 

Department of Energy (DOE). 

ACTION: Notice of denial of petition for 

rulemaking. 

SUMMARY: The Department of Energy 

received a petition from the Hanford 

Challenge on August 18, 2009, 

requesting the initiation of a rulemaking 

regarding safety policies at DOE’s 

nuclear facilities. The petition calls for 

DOE to establish by regulation a safety 

program using the Nuclear Regulatory 

Commission’s ‘‘Safety-Conscious Work 

Environment’’ guidelines as a model. 

DOE published this petition and a 

request for comment on October 16, 

2009. DOE denies the petition for 

rulemaking. 

DATES: This notice is effective 

November 30, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Steven L. Krahn, Acting Deputy 

Assistant Secretary, Safety Management 

and Operations, Environmental 

Management Office, U.S. Department of 

Energy, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121, (202) 

586–2281, e-mail: 

steve.krahn@em.doe.gov. 

SUPPLEMENTARY INFORMATION: DOE 

received numerous comments in 

response to the notice of the Hanford 

Challenge petition for rulemaking, 

published on October 16, 2009. 74 FR 

53190. The vast majority of those 

comments recommended denial of the 

petition, for two reasons. First, DOE 

already has numerous regulations in 

place to protect and encourage 

employees to raise work-related 

concerns. Second, not only would 

instituting a ‘‘Safety-Conscious Work 

Environment’’ by regulation be 

redundant, but it would also fail to add 

any additional protections not already 

in place. The comments DOE received 

in favor of the petition were generally 

related to the existing culture of safety 

and whistleblower protection. The main 

concern in these comments was that 

DOE facilities would be unsafe without 

an environment where employees could 

raise concerns without fear of retaliation 

or reprisal. 

After reviewing the existing 

protections, DOE agrees with the 

majority of the comments that granting 

the petition for rulemaking would be 

unnecessary. Currently, employee 

protection and safety programs exist in 

the following statutory and regulatory 

authorities: 42 U.S.C. 5851, 10 CFR part 

708, 10 CFR part 851, 29 CFR 1960.28, 

48 CFR 970.0309, and 29 CFR part 24, 

as well as numerous internal DOE 

orders and directives including DOE’s 

Employee Concerns Program (DOE 

Order 442.1A) and Differing 

Professional Opinions Manual (DOE 

Manual 442.1–1). These authorities 

provide sufficient guidance and 

protections in which employees can 

properly raise concerns that will be 

promptly reviewed and appropriately 

resolved with timely feedback. 

DOE denies the petition for 

rulemaking because the existing 

regulations provide legal protection to 

employees while adequately promoting 

worker involvement in raising and 

resolving concerns. Implementing the 

‘‘Safety-Conscious Work Environment’’ 

would be redundant and would fail to 

add any substantive protections not 

currently in place. While the petitioner 

believes that the existing regulations are 

inadequate, neither DOE’s internal 

review nor the comments submitted in 

response to the petition demonstrate 

that to be the case. 

Nevertheless, DOE recognizes that the 

existing authorities governing safety and 

employee protection programs can be 

diverse and confusing. In an attempt to 

provide as much clarity on this issue as 

possible, DOE has created a Web site 

summarizing the existing law and 

providing a central location 

consolidating all the relevant standards 

on this issue. This Web site can be 

accessed at: http://www.gc.energy.gov/ 

1630.htm. The Department believes that 

this Web site will increase awareness of 

the existing protections for DOE 

employees and DOE contractors and 

will address the underlying concerns 

evident in the Hanford Challenge 

petition for rulemaking and the 

comments in support thereof. 


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