[Federal Register Volume 66, Number 241 (Friday, December 14, 2001)]
[Rules and Regulations]
[Pages 64737-64738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30832]



 ========================================================================
 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. 66, No. 241 / Friday, December 14, 2001 / 
Rules and Regulations  

[[Page 64737]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 20, 30, 32, 34, 40, 50, and 51

RIN 3150-AG92


Minor Errors in Regulatory Text; Correction

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule; correcting amendments.

-----------------------------------------------------------------------

SUMMARY: The Nuclear Regulatory Commission (NRC) is publishing this 
final rule to make a number of minor corrections to its regulations. 
This rule is necessary to correct omissions, typographical errors, and 
erroneous citations and references that appear in the NRC's 
regulations.

EFFECTIVE DATE: December 14, 2001.

FOR FURTHER INFORMATION CONTACT: Michael T. Lesar, Chief, Rules and 
Directives Branch, Division of Administrative Services, Office of 
Administration, U.S. Nuclear Regulatory Commission, Washington, DC 
20555, telephone 301-415-7163, e-mail [email protected].

SUPPLEMENTARY INFORMATION: This rule is necessary to correct omissions, 
typographical errors, and erroneous citations and references that 
appear in Title 10, Chapter I of the Code of Federal Regulations. This 
rule also corrects an omission of text in a final rulemaking that was 
originally published on April 12, 1999 (64 FR 17506)(Radiological 
Criteria for License Termination of Uranium Recovery Facilities).
    Because these amendments involve minor corrections to existing 
regulations, the NRC has determined that notice and comment under the 
Administrative Procedure Act 5 U.S.C. 553(b)(A) and (B) is unnecessary 
and that good cause exists to dispense with such notice and comment. 
For these reasons, good cause also exists to dispense with the usual 
30-day delay in the effective date. Therefore, the amendments are 
effective upon their publication in the Federal Register.

Environmental Impact: Categorical Exclusion

    The NRC 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 contains no information collection requirements 
and, therefore, is not subject to the requirements of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Regulatory Analysis

    A regulatory analysis has not been prepared for this final rule 
because the final rule makes corrections to the regulations.

Backfit Analysis

    The NRC has determined that these amendments do not involve any 
provision which would impose backfits as defined in 10 CFR 
50.109(a)(1); therefore, a backfit analysis need not be prepared.

List of Subjects

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, Source material, Special nuclear material, 
Waste treatment and disposal.

10 CFR Part 30

    Byproduct material, Criminal penalties, Government contracts, 
Intergovernmental relations, Isotopes, Nuclear materials, Radiation 
protection, Reporting and recordkeeping requirements.

10 CFR Part 32

    Byproduct material, Criminal penalties, Labeling, Nuclear 
materials, Radiation protection, Reporting and recordkeeping 
requirements.

10 CFR Part 34

    Criminal penalties, Packaging and containers, Radiation protection, 
Radiography, Reporting and recordkeeping requirements, Scientific 
equipment, Security measures.

10 CFR Part 40

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

10 CFR Part 50

    Antitrust, Classified information, Criminal penalties, Fire 
protection, Intergovernmental relations, Nuclear power plants and 
reactors, Radiation protection, Reactor siting criteria, Reporting and 
recordkeeping requirements.

10 CFR Part 51

    Administrative practice and procedure, Environmental impact 
statement, Nuclear materials, Nuclear power plants and reactors, 
Reporting and recordkeeping requirements.

    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 Parts 20, 30, 32, 34, 50, and 51.

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).


Sec. 20.2103  [Amended]

    2. In Sec. 20.2103(b)(3), the reference to ``Sec. 20.1703(a)(3)(i) 
and (ii)'' is revised to read ``Sec. 20.1703(c)(1) and (2)''.

[[Page 64738]]

Sec. 20.2201  [Amended]

    3. In Sec. 20.2201(c), the reference to ``Sec. 73.67 (e)(3)(vi)'' 
is revised to read ``Sec. 73.67(e)(3)(vii)''.

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

    4. 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. 102-486, 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. 30.37  [Amended]

    5. In Sec. 30.37(a), ``Form 314'' is revised to read ``Form 313''.

PART 32--SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER 
CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL

    6. The authority citation for Part 32 continues to read as follows:

    Authority: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954, 
as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat. 
1242, as amended (42 U.S.C. 5841).


Sec. 32.21  [Amended]

    7. In Sec. 32.21(a)(2), the reference to ``Sec. 32.27(a)(2)'' is 
revised to read ``Sec. 32.72(a)(2)''.

PART 34--LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY 
REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS

    8. The authority citation for Part 34 continues to read as follows:

    Authority: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954, 
as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat. 
1242, as amended (42 U.S.C. 5841).
    Section 34.45 also issued under sec. 206, 88 Stat. 1246, (42 
U.S.C. 5846).


Sec. 34.53  [Amended]

    9. In Sec. 34.53, ``(a) and (b)'' is inserted after Sec. 20.1902.

PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL

    10. 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); sec. 193, 104 Stat. 2835, as 
amended by Pub. L. 104-134, 110 Stat. 1321, 1321-349 (42 U.S.C. 
2243).
    Section 40.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 (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]

    11. In Sec. 40.42(j)(2), insert ``or, for uranium milling (uranium 
and thorium recovery) facilities, Criterion 6(6) of Appendix A to this 
part.'' after ``Subpart E''.

    12. In Sec. 40.42, paragraphs (k)(3)(i) and (ii), insert ``or, for 
uranium milling (uranium and thorium recovery) facilities, Criterion 
6(6) of Appendix A to this part;'' after ``Subpart E''.

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

    13. The authority citation for Part 50 is revised to read as 
follows:

    Authority: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 
Stat. 936, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 83 
Stat. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 
2233, 2239, 2282); secs. 201, as amended, 202, 206, 88 Stat. 1242, 
as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
    Section 50.7 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 50.10 also issued under secs. 101, 185, 68 
Stat. 936, 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. L. 
91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd), 
and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 
U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued 
under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 
50.55a and Appendix Q also issued under sec. 102, Pub. L. 91-190, 83 
Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued 
under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 
also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Sections 
50.80--50.81 also issued under sec. 184, 68 Stat. 954, as amended 
(42 U.S.C. 2234). Appendix F also issued under sec. 187, 68 Stat. 
955 (42 U.S.C. 2237).


Sec. 50.49  [Amended]

    14. In Sec. 50.49(b)(2), the phrase ``(i) through (iii) of 
paragraph (b)(1)'' is revised to read ``(b)(1)(i)(A) through (C)''.


Sec. 50.59  [Amended]

    15. In Sec. 50.59(b), in the last sentence, insert the words ``of 
nuclear fuel,'' between the words ``possession'' and ``but''.

PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC 
LICENSING AND RELATED REGULATORY FUNCTIONS

    16. The authority citation for Part 51 continues to read as 
follows:

    Authority: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106 
Stat. 2951, 2952, 2953, (42 U.S.C. 2201, 2297f); secs. 201, as 
amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 
5842). Subpart A also issued under National Environmental Policy Act 
of 1969, secs. 102, 104, 105, 83 Stat. 853-854, as amended (42 
U.S.C. 4332, 4334, 4335); and Pub. L. 95-604, Title II, 92 Stat. 
3033-3041; and sec. 193, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 
2243). Sections 51.20, 51.30, 51.60, 51.80. and 51.97 also issued 
under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241, and sec. 
148, Pub. L. 100-203, 101 Stat. 1330-223 (42 U.S.C. 10155, 10161, 
10168). Section 51.22 also issued under sec. 274, 73 Stat. 688, as 
amended by 92 Stat. 3036-3038 (42 U.S.C. 2021) and under Nuclear 
Waste Policy Act of 1982, sec. 121, 96 Stat. 2228 (42 U.S.C. 10141). 
Sections 51.43, 51.67, and 51.109 also under Nuclear Waste Policy 
Act of 1982, sec. 114(f), 96 Stat. 2216, as amended (42 U.S.C. 
10134(f)).

Part 51, Appendix B to Subpart A [Amended]

    17. In Part 51, Subpart A, Appendix B, in Table B-1 under the 
heading ``Uranium Fuel Cycle and Waste Management,'' across from the 
subheading under, ``Issue'', ``Offsite Radiological Impact (Collective 
Effects)'' under the subheading ``Findings'', in the first sentence, 
insert the word ``excepted,'' between the words ``disposal'' and 
``is''.

    Dated at Rockville, Maryland, this 7th day of December, 2001.

    For the Nuclear Regulatory Commission.
Michael T. Lesar,
Chief, Rules and Directives Branch, Division of Administrative 
Services, Office of Administration.
[FR Doc. 01-30832 Filed 12-13-01; 8:45 am]
BILLING CODE 7590-01-P