[Federal Register Volume 63, Number 182 (Monday, September 21, 1998)]
[Rules and Regulations]
[Pages 50127-50128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25176]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
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.
========================================================================
Federal Register / Vol. 63, No. 182 / Monday, September 21, 1998 /
Rules and Regulations
[[Page 50127]]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 20
RIN 3150-AF99
Transfer for Disposal and Manifests; Minor Technical Conforming
Amendment
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations concerning low-level waste shipment manifest information.
The currently effective codified regulations (CFR) include a dual
implementation procedure that allows use of one of two manifesting
procedures. The use of new manifesting requirements, which were
promulgated on March 27, 1995, became mandatory on March 1, 1998.
Therefore, this action is necessary to remove expired provisions from
the regulations. An additional correction is being made to the scope
section of this part to rectify an inadvertent change.
EFFECTIVE DATE: November 20, 1998.
FOR FURTHER INFORMATION CONTACT: Mark Haisfield, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone (301) 415-6196, e-mail
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The purpose of these amendments to 10 CFR Part 20 are to: (1) Issue
technical conforming changes to Secs. 20.1009 and 20.2006 and appendix
F; and (2) correct an inadvertent change made to Sec. 20.1002. The
amendments are necessary to restore the most current and complete
version of the section concerning the information collection
requirements approved by the Office of Management and Budget (OMB) and
to remove information that refers to a time period that has now passed,
and therefore is no longer applicable. The final rule entitled ``Low-
Level Waste Shipment Manifest Information and Reporting'' (60 FR 15649;
March 27, 1995) established a compliance period of almost 3 years
before the use of the new manifesting requirements became mandatory.
The mandatory effective date was March 1, 1998. Until the rule became
mandatory, the NRC permitted the continued use of manifest requirements
that were in effect before March 27, 1995. Therefore, Part 20 contains
a dual implementation procedure that allows the use of either the old
manifesting requirements or the new manifesting requirements. Because
the use of the new requirements became mandatory on March 1, 1998,
reference to the previous manifesting requirements is inappropriate and
might cause confusion to users. This amendment will simplify the
appropriate sections of the CFR by removing the now obsolete
procedures.
The requirements in Sec. 20.1009, ``Information collection
requirements: OMB approval,'' published as part of the final rule on
March 27, 1995, became effective on March 1, 1998. However, in between
its promulgation on March 27, 1995, and March 1, 1998, other changes
have been made to Part 20 that required corresponding changes to this
section. Therefore, when the March 27, 1995, rule became effective, it
superseded approved changes to Sec. 20.1009 made since March 27, 1995.
This final rule will update Sec. 20.1009 to restore the changes made to
this section between March 27, 1995 and March 1, 1998.
Section 20.2006, ``Transfer for disposal and manifests,'' is being
revised to eliminate the option to use either appendix F or appendix G,
eliminate reference to appendix F, and to require the use of appendix
G, since appendix F is now obsolete.
Appendix F to Part 20, ``Requirements for Low-Level Waste Transfer
for Disposal at Land Disposal Facilities and Manifests,'' is being
entirely removed and appendix F will be noted as ``Reserved.''
An additional amendment deals with an inadvertent change that was
made to the scope section of Part 20 during the final rulemaking,
``Criteria for the Release of Individuals Administered Radioactive
Material'' (62 FR 4132 dated 1/29/97). The inadvertent change to this
section eliminated the proper reference to Part 36, ``Licenses and
Radiation Safety Requirements for Irradiators'' and to Sec. 76.60
dealing with certification of gaseous diffusion plants.
Because these amendments deal with agency organization, practice,
and procedure, the notice and comment provisions of the Administrative
Procedure Act do not apply pursuant to 5 U.S.C. 553(b)(A). The
amendments will be effective 60 days after publication in the Federal
Register.
Compatibility of Agreement State Regulations
Under ``Policy Statement on Adequacy and Compatibility of Agreement
State Programs,'' approved by the Commission on June 30, 1997,
Sec. 20.2006 and appendix F are listed as compatibility category ``B.''
Under compatibility category B, the program elements have significant
direct transboundary implications that the State should adopt with
essentially identical language. Section 20.1009 is not applicable to
the Agreement States. Section 20.1002 is listed as compatibility
category ``D.'' Under compatibility category D, this section is not
required for purposes of compatibility; however, if adopted by the
State, should be compatible with NRC.
Environmental Impact: Categorical Exclusion
The Commission has determined that this final rule is the type of
action described in categorical exclusion 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 Paper Reduction Act of 1995 (44
U.S.C. 3501 et seq.). Existing requirements were approved by the Office
of Management and Budget, approval 3150-0014.
Public Protection Notification
If an information collection does not display a currently valid OMB
control number, the NRC may not conduct or sponsor, and a person is not
required to
[[Page 50128]]
respond to, the collection of information.
Regulatory Analysis
A regulatory analysis has not been prepared for this final rule
because this rule is considered a minor non-substantive amendment. It
has no economic impact on NRC licensees or the public.
Backfit Analysis
The NRC has determined that the backfit rule, 10 CFR 50.109, does
not apply to this rule, and therefore, a backfit analysis is not
required because these amendments do not involve any provisions that
would impose backfits as defined in 10 CFR 50.109(a)(1).
Small Business Regulatory Enforcement Fairness Act
In accordance with the Small Business Regulatory Enforcement
Fairness Act 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, Office of Management and Budget.
List of Subjects in 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, Special nuclear material, Source material,
Waste treatment and disposal.
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 Part 20.
PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION
1. 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).
2. Section 20.1002 is revised to read as follows:
Sec. 20.1002 Scope.
The regulations in this part apply to persons licensed by the
Commission to receive, possess, use, transfer, or dispose of byproduct,
source, or special nuclear material or to operate a production or
utilization facility under parts 30 through 36, 39, 40, 50, 60, 61, 70,
or 72 of this chapter, and in accordance with 10 CFR 76.60 to persons
required to obtain a certificate of compliance or an approved
compliance plan under Part 76 of this chapter. The limits in this part
do not apply to doses due to background radiation, to exposure of
patients to radiation for the purpose of medical diagnosis or therapy,
to exposure from individuals administered radioactive material and
released in accordance with Sec. 35.75, or to exposure from voluntary
participation in medical research programs.
3. Section 20.1009 is revised to read as follows:
Sec. 20.1009 Information collection requirements: OMB approval.
(a) The Nuclear Regulatory Commission has submitted the information
collection requirements contained in this part to the Office of
Management and Budget (OMB) for approval as required by the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.). 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.
OMB has approved the information collection requirements contained in
this part under control number 3150-0014.
(b) The approved information collection requirements contained in
this part appear in Secs. 20.1003, 20.1101, 20.1202, 20.1203, 20.1204,
20.1206, 20.1208, 20.1301, 20.1302, 20.1403, 20.1404, 20.1406, 20.1501,
20.1601, 20.1703, 20.1901, 20.1902, 20.1904, 20.1905, 20.1906, 20.2002,
20.2004, 20.2006, 20.2102, 20.2103, 20.2104, 20.2105, 20.2106, 20.2107,
20.2108, 20.2110, 20.2201, 20.2202, 20.2203, 20.2204, 20.2205, 20.2206,
20.2301, and appendix G to 10 CFR Part 20.
(c) This part contains information collection requirements in
addition to those approved under the control number specified in
paragraph (a) of this section. These information collection
requirements and the control numbers under which they are approved are
as follows:
(1) In Sec. 20.2104, NRC Form 4 is approved under control number
3150-0005.
(2) In Secs. 20.2106 and 20.2206, NRC Form 5 is approved under
control number 3150-0006.
(3) In Sec. 20.2006 and appendix G to 10 CFR Part 20, NRC Form 540
and 540A is approved under control number 3150-0164.
(4) In Sec. 20.2006 and appendix G to 10 CFR Part 20, NRC Form 541
and 541A is approved under control number 3150-0166.
(5) In Sec. 20.2006 and appendix G to 10 CFR Part 20, NRC Form 542
and 542A is approved under control number 3150-0165.
4. Section 20.2006 is revised to read as follows:
Sec. 20.2006 Transfer for disposal and manifests.
(a) The requirements of this section and appendix G to 10 CFR Part
20 are designed to--
(1) Control transfers of low-level radioactive waste by any waste
generator, waste collector, or waste processor licensee, as defined in
this part, who ships low-level waste either directly, or indirectly
through a waste collector or waste processor, to a licensed low-level
waste land disposal facility (as defined in Part 61 of this chapter);
(2) Establish a manifest tracking system; and
(3) Supplement existing requirements concerning transfers and
recordkeeping for those wastes.
(b) Any licensee shipping radioactive waste intended for ultimate
disposal at a licensed land disposal facility must document the
information required on NRC's Uniform Low-Level Radioactive Waste
Manifest and transfer this recorded manifest information to the
intended consignee in accordance with appendix G to 10 CFR Part 20.
(c) Each shipment manifest must include a certification by the
waste generator as specified in section II of appendix G to 10 CFR Part
20.
(d) Each person involved in the transfer for disposal and disposal
of waste, including the waste generator, waste collector, waste
processor, and disposal facility operator, shall comply with the
requirements specified in section III of appendix G to 10 CFR Part 20.
Appendix F To Part 20 [Reserved]
5. Appendix F to part 20 is removed and reserved.
Dated at Rockville, Maryland this 8th day of September, 1998.
For the Nuclear Regulatory Commission.
Hugh L. Thompson, Jr.,
Acting Executive Director for Operations.
[FR Doc. 98-25176 Filed 9-18-98; 8:45 am]
BILLING CODE 7590-01-P