[Federal Register Volume 68, Number 250 (Wednesday, December 31, 2003)]
[Rules and Regulations]
[Pages 75388-75390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31952]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 1, 4, 19, 35, 39, 40, and 50

RIN 3150-AH34


Minor Correction Amendments

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations to correct several miscellaneous errors in the Code of 
Federal Regulations (CFR). This document is necessary to inform the 
public of these corrective changes to NRC regulations.

EFFECTIVE DATE: December 31, 2003.

FOR FURTHER INFORMATION CONTACT: Alzonia Shepard, Office of 
Administration, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone (301) 415-6864.

SUPPLEMENTARY INFORMATION:

Background

    The Nuclear Regulatory Commission is amending the regulations in 10 
CFR parts 1, 4, 19, 35, 39, 40, and 50 to correct several miscellaneous 
errors in regulatory text. These changes in CFR text occurred in the 
process of preparing and printing of rulemaking documents. The 
corrections include changing the Zip+4 for Region IV in Sec.  1.5; 
changing the name of the ``Licensing Support System Advisory Review 
Panel (LSSARP)'' to the ``Licensing Support Network Advisory Review 
Panel (LSNARP)'' in Sec.  1.19; correcting the reference ``20 U.S.C. 
7801'' to ``20 U.S.C. 8801'' in Sec.  4.4(g)(2)(ii); correcting the 
misspelled word ``covenant'' in Sec.  4.21(b); substituting ``Title 
VI'' for ``Title VII'' in Sec.  19.32; changing the word 
``Megabecquerels'' to ``megabecquerels'' in Sec.  35.40(a); changing 
the word ``Gigabecquerels'' to ``gigabecquerels'' in Sec. Sec.  35.390, 
392, and 394; correcting the conversion from ``MBq'' to ``GBq'' in 
Sec.  39.55(b); changing the reference from paragraphs (d)(4), (f) and 
(g) to paragraphs (d)(4), (g) and (h) in Sec.  40.42(l) and correcting 
the ASTME code title in Appendix H to part 50.
    Because these amendments constitute minor administrative 
corrections to the regulations, the notice and comment provisions of 
the Administrative Procedure Act do not apply pursuant to 5 U.S.C. 
553(b)(B). The amendment is effective upon publication in the Federal 
Register. Good cause exists under 5 U.S.C. 553(d) to dispense with the 
usual 30-day delay in the effective date of the final rule, because the 
amendments are of a minor and administrative nature dealing with 
corrections to certain CFR sections, which do not require action by any 
person or entity regulated by the NRC. Nor does the final rule change 
the substantive responsibilities of any person or entity regulated by 
the NRC.

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 does not contain new or amended information 
collection requirements 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 3150-0053; 3150-0044; 
3150-0010; 3150-0130; 3150-0020; and 3150-0011.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information of an information collection 
requirement unless the requesting document displays a currently valid 
OMB control number.

List of Subjects

10 CFR Part 1

    Organization and functions (Government agencies).

10 CFR Part 4

    Administrative practice and procedure, Blind, Buildings, Civil 
rights, Employment, Equal employment opportunity, Federal aid programs, 
Grant programs, Handicapped, Loan programs, Reporting and recordkeeping 
requirements, Sex discrimination.

10 CFR Part 19

    Criminal penalties, Environmental protection, Nuclear materials, 
Nuclear power plants and reactors, Occupational safety and health, 
Radiation protection, Reporting and recordkeeping requirements, Sex 
discrimination.

10 CFR Part 35

    Byproduct material, Criminal penalties, Drugs, Health facilities, 
Health professions, Medical devices, Nuclear materials, Occupational 
safety and health, Radiation protection,

[[Page 75389]]

Reporting and recordkeeping requirements.

10 CFR Part 39

    Byproduct material, Criminal penalties, Nuclear material, Oil and 
gas exploration--well logging, Reporting and recordkeeping 
requirements, Scientific equipment, Security measures, Source material, 
Special nuclear material.

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.

0
For the reasons set forth 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 1, 4, 19, 35, 39, 40, and 50.

PART 1--STATEMENT OF ORGANIZATION AND GENERAL INFORMATION

0
1. The authority citation for Part 1 continues to read as follows:

    Authority: Secs. 23, 161, 68 Stat. 925, 948, as amended (42 
U.S.C. 2033, 2201); sec. 29, Pub. L. 85-256, 71 Stat. 579, Pub. L. 
95-209, 91 Stat. 1483 (42 U.S.C. 2039); sec. 191, Pub. L. 87-615, 76 
Stat. 409 (42 U.S.C. 2241); secs. 201, 203, 204, 205, 209, 88 Stat. 
1242, 1244, 1245, 1246, 1248, as amended (42 U.S.C. 5841, 5843, 
5844, 5845, 5849); 5 U.S.C 552, 553; Reorganization Plan No. 1 of 
1980, 45 FR 40561, June 16, 1980.


0
2. In Sec.  1.5, paragraph (b) (4) is revised to read as follows:


Sec.  1.5  Location of principal offices and Regional Offices.

* * * * *
    (b) * * *
    (4) Region IV, USNRC, 611 Ryan Plaza Drive, Suite 400, Arlington, 
TX 76011-4005.

0
3. In Sec.  1.19, paragraph (d) is revised to read as follows:


Sec.  1.19  Other committees, boards, and panels.

* * * * *
    (d) The Licensing Support Network Advisory Review Panel (LSNARP) 
was established by the Commission on October 3, 1989, pursuant to 10 
CFR 2.1011(e) of the Commission's regulations. The LSNARP provides 
advice to the Commission on the design, development, and operation of 
the Licensing Support Network (LSN) an electronic information 
management system for use in the Commission's high-level radioactive 
waste (HLW) licensing proceeding. Membership consists of those 
interests that will be affected by the use of the LSN, and selected 
Federal agencies with expertise in large-scale electronic information 
systems. The individual representatives of these interests and agencies 
possess expertise in management information science and in managing 
records of the Commission's licensing process for the HLW repository.

PART 4--NONDISCRIMINATION IN FEDERALLY ASSISTED COMMISSION PROGRAMS

0
4. The authority citation for Part 4 continues to read as follows:


    Authority: Secs. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); 
sec. 274, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, 88 
Stat. 1242, as amended (42 U.S.C. 5841).

    Subpart A also issued under secs. 602-605, Pub. L. 88-352, 78 
Stat. 252, 253 (42 U.S.C. 2000d-2000d-7); sec. 401, 88 Stat. 1254 
(42 U.S.C. 5891).


0
5. In Sec.  4.4, paragraph (g)(2)(ii) is revised to read as follows:


Sec.  4.4  Definitions.

* * * * *
    (g) * * *
    (2) * * *
    (ii) A local educational agency (as defined in 20 U.S.C. 8801), 
system of vocational education, or other school system;
* * * * *

0
6. In Sec.  4.21, the third sentence in paragraph (b) is revised to 
read as follows:


Sec.  4.21  General requirements.

* * * * *
    (b) * * * Where the property is obtained from the Federal 
Government, such covenant may also include a condition coupled with a 
right to be reserved by the NRC to revert title to the property in the 
event of a breach of the covenant where, in the discretion of the NRC, 
such a condition and right of reverter is appropriate to the program 
and to the nature of the grant and the grantee. * * *
* * * * *

PART 19--NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS; INSPECTION 
AND INVESTIGATION

0
7. The authority citation for Part 19 continues to read as follows:

    Authority: Secs. 53, 63, 81, 103, 104, 161, 186, 68 Stat. 930, 
933, 935, 936, 937, 948, 955, as amended, sec. 234, 83 Stat. 444, as 
amended, sec. 1701, 106 Stat. 2951, 2952, 2953 (42 U.S.C. 2073, 
2093, 2111, 2133, 2134, 2201, 2236, 2282 2297f); sec. 201, 88 Stat. 
1242, as amended (42 U.S.C. 5841); Pub. L. 95-601, sec. 10, 92 Stat. 
2951 (42 U.S.C. 5851).


0
8. Section 19.32 is revised to read as follows:


Sec.  19.32  Discrimination prohibited.

    No person shall on the ground of sex be excluded from participation 
in, be denied the benefit of, or be subjected to discrimination under 
any program or activity licensed by the Nuclear Regulatory Commission. 
This provision will be enforced through agency provisions and rules 
similar to those already established, with respect to racial and other 
discrimination, under Title VI of the Civil Rights Act of 1964. This 
remedy is not exclusive, however, and will not prejudice or cut off any 
other legal remedies available to a discriminatee.

PART 35--MEDICAL USE OF BYPRODUCT MATERIAL

0
9. The authority citation for Part 35 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.  35.40  [Amended]

0
10. In Sec.  35.40, paragraph (a), change the term ``Megabecquerels'' 
to ``megabecquerels.''


Sec.  35.390  [Amended]

0
11. In Sec.  35.390, paragraphs (b)(1)(ii)(G)(1) and (2), change the 
word ``Gigabecquerels'' to ``gigabecquerels.''


Sec.  35.392  [Amended]

0
12. In Sec.  35.392, in the introductory paragraph and paragraph 
(c)(2)(vi), change the term ``Gigabecquerels'' to ``gigabecquerels.''


Sec.  35.394  [Amended]

0
13. In Sec.  35.394, in the introductory paragraph and paragraph 
(c)(2)(vi), change the term ``Gigabecquerels'' to ``gigabecquerels.''

[[Page 75390]]

PART 39--LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL 
LOGGING

0
14. The authority citation for Part 39 continues to read as follows:

    Authority: Secs. 53, 57, 62, 63, 65, 69, 81, 82, 161, 182, 183, 
186, 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. 2073, 2077, 
2092, 2093, 2095, 2099, 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).


0
15. Section 39.55 is revised to read as follows:


Sec.  39.55  Tritium neutron generator target sources.

    (a) Use of a tritium neutron generator target source, containing 
quantities not exceeding 1,110 GBg [30 curies] and in a well with a 
surface casing to protect fresh water aquifers, is subject to the 
requirements of this part except Sec. Sec.  39.15, 39.41, and 39.77.
    (b) Use of a tritium neutron generator target source, containing 
quantities exceeding 1,110 GBg [30 curies] or in a well without a 
surface casing to protect fresh water aquifers, is subject to the 
requirements of this part except Sec.  39.41.

PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL

0
16. 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).


0
17. In Sec.  40.42, paragraph (l) is revised to read as follows:


Sec.  40.42  Expiration and termination of licenses and decommissioning 
of sites and separate buildings or outdoor areas.

* * * * *
    (l) Specific licenses for uranium and thorium milling are exempt 
from paragraphs (d)(4), (g) and (h) of this section with respect to 
reclamation of tailings impoundments and/or waste disposal areas.

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

0
18. The authority citation for Part 50 continues to read as follows:

    Authority: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 
Stat. 936, 937, 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, 2236, 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 (42 U.S.C. 5841). Section 50.10 also issued under secs. 101, 
185, 68 Stat. 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(D.D.), 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 sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 
50.58, 50.91, and 50.92 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).


0
19. In Appendix H to Part 50, in the Introduction, the first sentence 
of the second paragraph is revised to read as follows:

Appendix H to Part 50--Reactor Vessel Material Surveillance 
Requirements

I. Introduction

* * * * *
    ASTM E 185-73, ``Standard Recommended Practice for Surveillance 
Tests for Nuclear Reactor Vessels''; ASTM E 185-79, ``Standard 
Practice for Conducting Surveillance Tests for Light-Water Cooled 
Nuclear Power Reactor Vessels''; and ASTM E 185-82, ``Standard 
Practice for Conducting Surveillance Tests for Light-Water Cooled 
Nuclear Power Reactor Vessels''; which are referenced in the 
following paragraphs, have been approved for incorporation by 
reference by the Director of the Federal Register. * * *
* * * * *

    Dated at Rockville, Maryland this 22nd day of December, 2003.

    For the Nuclear Regulatory Commission.
Michael T. Lesar,
Division of Administrative Services, Office of Administration.

[FR Doc. 03-31952 Filed 12-30-03; 8:45 am]
BILLING CODE 7590-01-P