[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]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 182 / Monday, September 21, 1998 / 
Rules and Regulations  

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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.

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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and therefore is no longer applicable.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

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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]
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