29636 Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations

The Committee met on April 11, 1996,

and unanimously recommended 1996–

97 expenditures of $24,462.50 and an

assessment rate of $0.01 per

hundredweight of potatoes. In

comparison, last year’s budgeted

expenditures were $27,362.50. The

assessment rate of $0.01 is $0.01 less

than last year’s established rate. Major

expenditures recommended by the

Committee for the 1996–97 year include

$11,500 for the manager’s salary, $2,400

for rent, and $1,500 for office supplies,

the same as in 1995–96.

The assessment rate recommended by

the Committee was derived by dividing

anticipated expenses by expected

shipments of Colorado Area III potatoes.

Potato shipments for the year are

estimated at 1,450,750 hundredweight

which should provide $14,507.50 in

assessment income. Income derived

from handler assessments, interest, and

rent from the sublease of office space to

the State inspection service, along with

funds from the Committee’s authorized

reserve, will be adequate to cover

budgeted expenses. Funds in the reserve

at the beginning of the 1996–97 fiscal

period are estimated at $36,551. Funds

in the reserve will be kept within the

maximum permitted by the order.

While this rule will impose some

additional costs on handlers, the costs

are in the form of uniform assessments

on all handlers. Some of the additional

costs may be passed on to producers.

However, these costs will be offset by

the benefits derived by the operation of

the marketing order. Therefore, the AMS

has determined that this rule will not

have a significant economic impact on

a substantial number of small entities.

The assessment rate established in

this rule will continue in effect

indefinitely unless modified,

suspended, or terminated by the

Secretary upon recommendation and

information submitted by the

Committee or other available

information.

Although this assessment rate is

effective for an indefinite period, the

Committee will continue to meet prior

to or during each fiscal period to

recommend a budget of expenses and

consider recommendations for

modification of the assessment rate. The

dates and times of Committee meetings

are available from the Committee or the

Department. Committee meetings are

open to the public and interested

persons may express their views at

those meetings. The Department will

evaluate Committee recommendations

and other available information to

determine whether modification of the

assessment rate is needed. Further

rulemaking will be undertaken as

necessary. The Committee’s 1996–97

budget and those for subsequent fiscal

periods will be reviewed and, as

appropriate, approved by the

Department.

After consideration of all relevant

material presented, including the

information and recommendation

submitted by the Committee and other

available information, it is hereby found

that this rule, as hereinafter set forth,

will tend to effectuate the declared

policy of the Act.

Pursuant to 5 U.S.C. 553, it is also

found and determined upon good cause

that it is impracticable, unnecessary,

and contrary to the public interest to

give preliminary notice prior to putting

this rule into effect, because: (1) The

Committee needs to have sufficient

funds to pay its expenses which are

incurred on a continuous basis; (2) the

1996–97 fiscal period begins on July 1,

1996, and the marketing order requires

that the rate of assessment for each

fiscal period apply to all assessable

potatoes handled during such fiscal

period; (3) handlers are aware of this

action which was unanimously

recommended by the Committee at a

public meeting and is similar to other

assessment rate actions issued in past

years; and (4) this interim final rule

provides a 30-day comment period, and

all comments timely received will be

considered prior to finalization of this

rule.

List of Subjects in 7 CFR Part 948

Marketing agreements, Potatoes,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 948 is amended as

follows:

PART 948—IRISH POTATOES GROWN

IN COLORADO

1. The authority citation for 7 CFR

part 948 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. A new § 948.215 is added to read

as follows:

Note: This section will appear in the Code

of Federal Regulations.

§ 948.215 Assessment rate.

On and after July 1, 1996, an

assessment rate of $0.01 per

hundredweight is established for

Colorado Area III potatoes.

Dated: June 3, 1996.

Sharon Bomer Lauritsen,

Acting Director, Fruit and Vegetable Division.

[FR Doc. 96–14756 Filed 6–11–96; 8:45 am]

BILLING CODE 3410–02–P

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.

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 JMM2@nrc.gov.

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 §§ 30.36(d) and 30.36(g)(3), the

cross-references to paragraph ‘‘(f)(1)’’ are

revised to read ‘‘(g)(1).’’

(2) In §§ 30.36(g)(3)(vi) and

30.36(h)(1) and (h)(2), the crossreferences to paragraph ‘‘(h)’’ are revised

to read ‘‘(i).’’

(3) In §§ 40.42(d) and 40.42(g)(3), the

cross-references to paragraph ‘‘(f)(1)’’ are

revised to read ‘‘(g)(1).’’

(4) In §§ 40.42(g)(4)(vi) and

40.42(h)(1) and (h)(2), the crossreferences to paragraph ‘‘(h)’’ are revised

to read ‘‘(i).’’

(5) In §§ 70.38(d) and 70.38(g)(3), the

cross-references to paragraph ‘‘(f)(1)’’ are

revised to read ‘‘(g)(1).’’

(6) In §§ 70.38(g)(4)(vii) and

70.38(h)(1) and (h)(2), the crossreferences to ‘‘(h)’’ are revised to read

‘‘(i).’’

(7) In §§ 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)).
Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations 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).

§ 30.36 [Amended]

2. In § 30.36(d), the cross-reference to

‘‘paragraph (f)(1)’’ is revised to read

‘‘paragraph (g)(1).’’

3. In § 30.36(g)(3), the cross-reference

to ‘‘paragraph (f)(1)’’ is revised to read

‘‘paragraph (g)(1).’’

4. In § 30.36(g)(4)(vi), the crossreference to ‘‘paragraph (h)’’ is revised

to read ‘‘paragraph (i).’’

5. In § 30.36 (h)(1), the cross-reference

to ‘‘paragraph (h)’’ is revised to read

‘‘paragraph (i).’’

6. In § 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).

§ 40.42 [Amended]

8. In § 40.42(d) introductory text, the

cross-reference to ‘‘paragraph (f)(1)’’ is

revised to read ‘‘paragraph (g)(1).’’

9. In § 40.42(g)(3), the cross-reference

to ‘‘paragraph (f)(1)’’ is revised to read

‘‘paragraph (g)(1).’’

10. In § 40.42(g)(4)(vi), the crossreference to ‘‘paragraph (h)’’ is revised

to read ‘‘paragraph (i).’’

11. In § 40.42(h)(1), the crossreference to ‘‘paragraph (h)’’ is revised

to read ‘‘paragraph (i).’’

12. In § 40.42(h)(2), the crossreference 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).

§ 70.38 [Amended]

14. In § 70.38(d) introductory text, the

cross-reference to ‘‘paragraph (f)(1)’’ is

revised to read ‘‘paragraph (g)(1).’’

15. In § 70.38(g)(3), the cross-reference

to ‘‘paragraph (f)(1)’’ is revised to read

‘‘paragraph (g)(1).’’
29638 Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations

1 In a rulemaking issued on April 1, 1996 (61 FR

14382), the effective date of Subpart B was delayed

until May 28, 1996.

16. In § 70.38(g)(4)(vii), the crossreference to ‘‘paragraph (h)’’ is revised

to read ‘‘paragraph (i).’’

17. In § 70.38(h)(1), the crossreference to ‘‘paragraph (h)’’ is revised

to read ‘‘paragraph (i).’’

18. In § 70.38(h)(2), the crossreference 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).

§ 72.54 [Amended]

20. In § 72.54(j)(1), the cross-reference

to ‘‘paragraph (j)’’ is revised to read

‘‘paragraph (k).’’

21. In § 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

FEDERAL RESERVE SYSTEM

12 CFR Part 219

[Regulation S; Docket No. R–0906]

Reimbursement for Providing Financial

Records; Recordkeeping

Requirements for Certain Financial

Records

AGENCY: Board of Governors of the

Federal Reserve System.

ACTION: Final rule.

SUMMARY: The Board of Governors of the

Federal Reserve System (Board) has

approved amendments to Subpart A of

Regulation S, which implements the

requirement under the Right to

Financial Privacy Act (RFPA) that the

Board establish the rates and conditions

under which payment shall be made by

a government authority to a financial

institution for assembling or providing

financial records pursuant to RFPA.

These amendments update the fees to be

charged and streamline the subpart

generally.

EFFECTIVE DATE: July 12, 1996.

FOR FURTHER INFORMATION CONTACT:

Elaine M. Boutilier, Senior Counsel

(202/452–2418), Legal Division, Board

of Governors of the Federal Reserve

System, Washington, DC 20551. For

users of the Telecommunication Device

for the Deaf (TDD), please contact

Dorothea Thompson (202/452–3544).

SUPPLEMENTARY INFORMATION:

Background

Section 1115 of the RFPA (12 U.S.C.

3415) requires the Board to establish, by

regulation, the rates and conditions

under which payment is made by a

Government authority to a financial

institution for searching for,

reproducing, or transporting data

required or requested under the RFPA.

Shortly after the RFPA was adopted, the

Board issued Regulation S (12 CFR 219)

to implement this provision (44 FR

55812, September 28, 1979). In January

1995, the Board adopted a new Subpart

B of Regulation S 1 and designated this

part of Regulation S as Subpart A (60 FR

231, January 3, 1995). No substantive

changes were made in that rulemaking

to the newly designated Subpart A.

Pursuant to section 303 of the Riegle

Community Development and

Regulatory Improvement Act of 1994,

Pub. L. 103–325 (12 U.S.C. 4803), the

Board reviewed Subpart A of Regulation

S and issued for comment proposed

amendments to update it (60 FR 65599,

December 20, 1995). The proposed

amendments eliminated unnecessary

provisions and updated the rates to be

paid and the exceptions to the

provisions of this Subpart.

Summary of comments: The Board

received 21 comments on the proposed

revisions—19 from banks or bank

holding companies, one from a trade

association, and one from a Federal

Reserve Bank. All comments supported

updating and streamlining the

provisions of the regulation. Several

comments, however, requested further

changes in the proposed regulation.

These requests for additional changes

covered two categories—the proposed

fee structure, and the exemptions from

the fees.

Fees. Ten of the 21 comments

requested further changes in the fee

schedule. The current fees are $10.00

per hour for search and processing time,

and $.15 per page for reproduction. The

proposed fees provided for two levels of

reimbursement for search and

processing time: clerical time at $11.00

per hour, and managerial time at $17.00

per hour. Proposed fees for reproduction

were left at $.15 per page. Of the nine

comments that specifically discussed

the reimbursement rate for search and

processing, six supported the proposed

fees and three requested increased fees.

Of the ten comments that focused on the

proposed reproduction fees, two

supported the proposed fees and eight

requested that they be raised. The

suggested reproduction fees ranged from

$.25 to $3.00 per page for paper copies,

and $.25 to $3.00 for microfiche copies.

Other miscellaneous comments on the

fee schedule included two comments

requesting that fees be periodically

adjusted to account for inflation, a

request for a definition of the terms

‘‘clerical/technical’’ and ‘‘manager/

supervisory’’, a request that a new

category be added for reimbursement for

legal advice, and a request that the

regulation specify that search/

processing time should be billed in 15-

minute increments.

Exceptions. The proposed regulation

updated the list of statutory exceptions

wherein a financial institution is not

entitled to reimbursement under the

RFPA. Eight of the 21 commenters

objected to these exceptions, stating that

they cover the vast majority of the

searches required. These objections

focused primarily on the exception for

requests from the IRS, and requests for

a corporation’s banking records. The

American Bankers Association, while

acknowledging that the exceptions are

set by statute, not the Board, stated that

these exceptions ‘‘effectively exclude