[Federal Register Volume 61, Number 114 (Wednesday, June 12, 1996)]
[Rules and Regulations]
[Pages 29636-29638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14897]



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NUCLEAR REGULATORY COMMMISSION

10 CFR Parts 30, 40, 70, 72

RIN 3150-AF50


Minor Amendments to Miscellaneous Cross-References

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations to achieve consistency in the cross-references associated 
with several recent changes to the NRC's regulations affecting 
decommissioning. This notice is necessary to inform the public of these 
corrections.

EFFECTIVE DATE: June 12, 1996.

FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Nuclear 
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone (301) 415-6219, email JMM<a href="/cdn-cgi/l/email-protection#3b097b554958155c544d"><span class="__cf_email__" data-cfemail="4173012f33226f262e37">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: To achieve consistency in the NRC's 
regulations affecting decommissioning, the following cross-reference 
revisions in 10 CFR Parts 30, 40, 70, and 72 are being made:
    (1) In Secs. 30.36(d) and 30.36(g)(3), the cross-references to 
paragraph ``(f)(1)'' are revised to read ``(g)(1).''
    (2) In Secs. 30.36(g)(3)(vi) and 30.36(h)(1) and (h)(2), the cross- 
references to paragraph ``(h)'' are revised to read ``(i).''
    (3) In Secs. 40.42(d) and 40.42(g)(3), the cross-references to 
paragraph ``(f)(1)'' are revised to read ``(g)(1).''
    (4) In Secs. 40.42(g)(4)(vi) and 40.42(h)(1) and (h)(2), the cross- 
references to paragraph ``(h)'' are revised to read ``(i).''
    (5) In Secs. 70.38(d) and 70.38(g)(3), the cross-references to 
paragraph ``(f)(1)'' are revised to read ``(g)(1).''
    (6) In Secs. 70.38(g)(4)(vii) and 70.38(h)(1) and (h)(2), the 
cross- references to ``(h)'' are revised to read ``(i).''
    (7) In Secs. 72.54(j)(1) and (j)(2), the cross-references to 
``(j)'' are revised to read ``(k).''
    Because the changes are minor administrative amendments, the NRC 
has determined that good cause exists to dispense with the notice and 
comment provisions of the Administrative Procedure Act (APA) pursuant 
to 5 U.S.C. 553(b)(B). For the same reasons, the NRC has determined 
that good cause exists to waive the 30-day deferred effective date 
provisions of the APA (5 U.S.C. 553(d)).

[[Page 29637]]

Environmental Impact: Categorical Exclusion

    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.

Paperwork Reduction Act Statement

    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 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 information 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 consistency in cross-references in existing regulations and 
does not result in any substantive change. This constitutes the 
regulatory analysis for this final rule.

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 
protection, Reporting and recordkeeping requirements.

10 CFR Part 40

    Criminal penalties, Government contracts, Hazardous materials 
transportation, Nuclear materials, Reporting and recordkeeping 
requirements, Source material, Uranium.

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 72

    Manpower training programs, Nuclear materials, Occupational safety 
and health, Reporting and recordkeeping requirements, Security 
measures, Spent fuel.
    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.

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

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

    Authority: Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948, 
953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 
U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201, as 
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 
5841, 5842, 5846).
    Section 30.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 as amended by Pub. L. 102-485, sec. 2902, 106 Stat. 3123 (42 
U.S.C. 5851). Section 30.34(b) also issued under sec. 184, 68 Stat. 
954, as amended (42 U.S.C. 2234). Section 30.61 also issued under 
sec. 187, 68 Stat. 955 (42 U.S.C. 2237).


Sec. 30.36   [Amended]

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

PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL

    7. The authority citation for Part 40 continues to read as follows:

    Authority: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 
Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs. 11e(2), 
83, 84, Pub. L. 95-604, 92 Stat. 3033, as amended, 3039, sec. 234, 
83 Stat. 444, as amended (42 U.S.C. 2014(e)(2), 2092, 2093, 2094, 
2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); sec. 274, 
Pub. L. 86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as 
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 
5841, 5842, 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L. 
97-415, 96 Stat. 2067 (42 U.S.C. 2022).
    Section 40.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951, 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).


Sec. 40.42   [Amended]

    8. In Sec. 40.42(d) introductory text, the cross-reference to 
``paragraph (f)(1)'' is revised to read ``paragraph (g)(1).''
    9. In Sec. 40.42(g)(3), the cross-reference to ``paragraph (f)(1)'' 
is revised to read ``paragraph (g)(1).''
    10. In Sec. 40.42(g)(4)(vi), the cross-reference to ``paragraph 
(h)'' is revised to read ``paragraph (i).''
    11. In Sec. 40.42(h)(1), the cross-reference to ``paragraph (h)'' 
is revised to read ``paragraph (i).''
    12. In Sec. 40.42(h)(2), the cross-reference to ``paragraph (h)'' 
is revised to read ``paragraph (i).''

PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

    13. 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, 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 70.1(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 (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 
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).


Sec. 70.38  [Amended]

    14. In Sec. 70.38(d) introductory text, the cross-reference to 
``paragraph (f)(1)'' is revised to read ``paragraph (g)(1).''
    15. In Sec. 70.38(g)(3), the cross-reference to ``paragraph 
(f)(1)'' is revised to read ``paragraph (g)(1).''

[[Page 29638]]

    16. In Sec. 70.38(g)(4)(vii), the cross-reference to ``paragraph 
(h)'' is revised to read ``paragraph (i).''
    17. In Sec. 70.38(h)(1), the cross-reference to ``paragraph (h)'' 
is revised to read ``paragraph (i).''
    18. In Sec. 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 RADIOACTIVE WASTE

    19. The authority citation for Part 72 continues to read as 
follows:

    Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 
184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 
954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat. 
688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); 
Pub. L. 95-601, sec. 10, 92 Stat. 295 as amended by Pub. L. 102-486, 
sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L. 91-
190, 83 Stat. (42 U.S.C. 4332); secs. 131, 132, 133, 135, 137, 141, 
Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Pub. L. 
100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 10155, 
10157, 10161, 10168).
    Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), 
Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 
10168(c), (d). 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 issued under sec. 145(g), Pub. 
L. 100-203; 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also 
issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-
425, 96 Stat. 2202, 2203, 2204, 2222, 2244 (42 U.S.C. 10101, 
10137(a), 10161(h). Subparts K and L are also issued under sec. 133, 
96 Stat. 2230 (42 U.S.C. 10153) and 218(a), 96 Stat. 2252 (42 U.S.C. 
10198).


Sec. 72.54  [Amended]

    20. In Sec. 72.54(j)(1), the cross-reference to ``paragraph (j)'' 
is revised to read ``paragraph (k).''
    21. In Sec. 72.54(j)(2), the cross-reference to ``paragraph (j)'' 
is revised to read ``paragraph (k).''

    Dated at Rockville, Maryland, this 29th day of May, 1996.

    For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 96-14897 Filed 6-11-96; 8:45 am]
BILLING CODE 7590-01-P

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