[Federal Register Volume 66, Number 92 (Friday, May 11, 2001)]
[Rules and Regulations]
[Page 24049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11901]



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  Federal Register / Vol. 66, No. 92 / Friday, May 11, 2001 / Rules and 
Regulations  

[[Page 24049]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 70

RIN 3150-AE95


Clarification of Decommissioning Funding Requirements; Correction

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule; correcting amendments.

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SUMMARY: This document corrects a misreference appearing in a final 
rule that was published in the Federal Register on July 26, 1995 (60 FR 
38235). This action is to correct this typographical error for clarity 
and consistency in the regulations.

DATES: Effective May 11, 2001.

FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001 [telephone (301) 415-6219, e-mail 
[email protected]].

SUPPLEMENTARY INFORMATION:

Background

    On July 26, 1995 (60 FR 38235), a final rule entitled 
``Clarification of Decommissioning Funding Requirements'' was published 
in the Federal Register. The purpose of the final rule was to amend the 
regulations applicable to decommissioning funding assurance and the 
expiration and termination of licenses for nonreactor licensees. In 
that final rule, paragraph (e) of Sec. 30.36, Expiration and 
termination of licensees and decommissioning of sites and separate 
buildings or outdoor areas,'' referenced Sec. 30.35, Financial 
assurance and recordkeeping for decommissioning.'' Similarly, paragraph 
(e) to Sec. 40.42, Expiration and termination of licenses and 
decommissioning of sites and separate or outdoor areas, referenced 
Sec. 40.36, Financial assurance and recordkeeping for decommissioning. 
However, paragraph (e) to Sec. 70.38, Expiration and termination of 
licenses and decommissioning of sites and separate buildings or outdoor 
areas, erroneously referenced Sec. 30.35 instead of Sec. 70.25, 
Financial assurance and recordkeeping for decommissioning. This 
typographical error needs to be corrected.

Need for Corrections

    As published, the final rule entitled ``Clarification of 
Decommissioning Funding Requirements'' (60 FR 38235; July 26, 1995) 
contains a typographical error in Sec. 70.38(e) which needs to be 
corrected.

List of Subjects in 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.

    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. 553, the NRC is adopting the 
following amendment to 10 CFR part 70.

PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

    1. 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).
    Sections 70.1 and 70.20a(b) also issued under secs. 134, 141, 
Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155). 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).


    2. In Sec. 70.38, the introductory text of paragraph (e) is revised 
to read as follows


Sec. 70.38  Expiration and termination of licenses and decommissioning 
of sites and separate buildings or outdoor areas.

* * * * *
    (e) Coincident with the notification required by paragraph (d) of 
this section, the licensee shall maintain in effect all decommissioning 
financial assurances established by the licensee pursuant to Sec. 70.25 
in conjunction with a license issuance or renewal or as required by 
this section. The amount of the financial assurance must be increased, 
or may be decreased, as appropriate, to cover the detailed cost 
estimate for decommissioning established pursuant to paragraph 
(g)(4)(v) of this section.
* * * * *

    Dated at Rockville, Maryland, this 7th day of May, 2001.
    For the Nuclear Regulatory Commission.
Michael T. Lesar,
Rules and Directives Branch, Division of Administrative Services,Office 
of Administration.
[FR Doc. 01-11901 Filed 5-10-01; 8:45 am]
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