[Federal Register Volume 69, Number 245 (Wednesday, December 22, 2004)]
[Rules and Regulations]
[Pages 76599-76601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27946]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 19, 34, 40, 55, and 60

RIN 3150-AH58


Minor Correction Amendments for FY2004

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 NRC Rules 
and Regulations. This document is necessary to inform the public of 
these corrective changes to NRC regulations.

DATES: Effective Date: December 22, 2004.

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 19, 34, 40, 55 and 60 to correct several miscellaneous errors 
in regulatory text. These changes occurred in the process of preparing 
and printing rulemaking documents.
    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 are 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 a 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.

[[Page 76600]]

List of Subjects

10 CFR Part 19

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

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 55

    Criminal penalties, Manpower training programs, Nuclear power 
plants and reactors, Reporting and recordkeeping requirements.

10 CFR Part 60

    Criminal penalties, High-level waste, Nuclear materials, Nuclear 
power plants and reactors, Reporting and recordkeeping requirements, 
Waste treatment and disposal.


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 19, 34, 40, 55, and 60.

PART 19--NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION 
AND INVESTIGATIONS

0
1. 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); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 
note).


0
2. In Sec.  19.3, the definition of ``Licensee'' is added in 
alphabetical order to read as follows:


Sec.  19.3  Definitions.

* * * * *
    Licensee means the holder of such a license.
* * * * *

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

0
3. The authority citation for Part 34 is revised 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. 1704, 112 Stat. 2750 (44 
U.S.C. 3504 note). Section 34.45 also issued under sec. 206, 88 
Stat. 1246 (42 U.S.C. 5846).

PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL

0
4. 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); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
    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
5. In Sec.  40.66, paragraphs (b)(5) and (c) are revised to read as 
follows:


Sec.  40.66  Requirement for advance notice of export shipment of 
natural uranium.

* * * * *
    (b) * * *
    (5) A certification that arrangements have been made to notify the 
Division of Nuclear Safety, Office of Nuclear Security and Incident 
Response when the shipment is received at the receiving facility.
    (c) A licensee who needs to amend a notification may do so by 
telephoning the Division of Nuclear Safety, Office of Nuclear Security 
and Incident Response at (301) 816-5100.

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6. In Sec.  40.67, the first sentence in paragraph (a), and paragraphs 
(c), and (d) are revised to read as follows:


Sec.  40.67  Requirement for advance notice for importation of natural 
uranium from countries that are not party to the Convention on the 
Physical Protection of Nuclear Material.

    (a) Each licensee authorized to import natural uranium, other than 
in the form of ore or ore residue, in amounts exceeding 500 kilograms, 
from countries not party to the Convention on the Physical Protection 
of Nuclear Material (see appendix F to Part 73 of this chapter) shall 
notify the Director, Division of Nuclear Security, Office of Nuclear 
Security and Incident Response, using an appropriate method listed in 
Sec.  40.5. * * *
* * * * *
    (c) The licensee shall notify the Division of Nuclear Security by 
telephone at (301) 816-5100 when the shipment is received in the 
receiving facility.
    (d) A licensee who needs to amend a notification may do so by 
telephoning the Division of Nuclear Security at (301) 816-5100.

PART 55--OPERATOR'S LICENSES

0
7. The authority citation for Part 55 continues to read as follows:

    Authority: Secs. 107, 161, 182, 68 Stat. 939, 948, 953 , as 
amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2137, 2201, 
2232, 2282); Secs. 201, as amended, 202, 88 Stat. 1242, as amended, 
1244 (42 U.S.C. 5841, 5842); sec. 1704, 112 Stat. 2750 (44 U.S.C. 
3504 note).
    Sections 55.41, 55.43, 55.45, and 55.59 also issued under sec. 
306, Pub. L. 97-425, 96 Stat. 2262 (42 U.S.C. 10226). Section 55.61 
also issued under Sacs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 
2237).


Sec.  55.40  [Amended]

0
8. In Sec.  55.40(a), footnote 1, remove ``2120 L Street, NW (Lower 
Level), Washington, DC.'' and insert ``One White Flint North, 11555 
Rockville Pike (0-1F23), Rockville, MD.''

PART 60--DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN 
GEOLOGICREPOSITORIES

0
9. The authority citation for Part 60 continues to read as follow:

    Authority: Secs. 51, 53, 62, 63, 65, 81, 161, 182, 183, 68 Stat. 
929, 930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2071, 
2073, 2092, 2093, 2095, 2111, 2201, 2232, 2233); Secs. 202, 206, 88 
Stat. 1244, 1246 (42 U.S.C. 5842, 5846); Secs. 10 and 14, Pub. L. 
95-601, 92 Stat. 2951 (42 U.S.C. 2021a and 5851); sec. 102, Pub. L. 
91-190, 83 Stat. 853 (42 U.S.C. 4332); Secs. 114, 121, Pub. L. 97-
425, 96 Stat. 2213g, 2228, as amended (42 U.S.C. 10134, 10141), and 
Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 
1704, 112 Stat. 2750 (44 U.S.C. 3504 note).


[[Page 76601]]



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10. In Sec.  60.2, the term ``NRC Public Document Room'' is revised to 
read as follows:


Sec.  60.2  Definitions.

* * * * *
    NRC Public Document Room means the facility at One White Flint 
North, 11555 Rockville Pike, Room 0-1F23, Rockville, Maryland, where 
certain public records of the NRC that were made available for public 
inspection in paper or microfiche prior to the implementation of the 
NRC Agency wide Documents Access and Management System, commonly 
referred to as ADAMS, will remain available for public inspection. It 
is also the place where computer terminals are available to access the 
Electronic Reading Room components of ADAMS on the NRC Website, http://www.nrc.gov, where copies can be made or ordered as set forth in Sec.  
9.35 of this chapter. The facility is staffed with reference librarians 
to assist the public in identifying and locating documents and in using 
the NRC Web site and ADAMS. The NRC Public Document Room is open from 
7:30 am to 4:15 pm, Monday through Friday, except on Federal holidays, 
Reference service and access to documents may also be requested by 
telephone (1-800-397-4209) between 8:30 am and 4:15 pm, or by e-mail 
([email protected]), fax (301-415-3548), or letter (NRC Public Document Room, 
One White Flint North, 11555 Rockville Pike, Room 0-1F23, Rockville, 
Maryland 20852).
* * * * *

    Dated at Rockville, Maryland this 16th day of December, 2004.

    For the Nuclear Regulatory Commission.
Michael T. Lesar,
Division of Administrative Services, Office of Administration.
[FR Doc. 04-27946 Filed 12-21-04; 8:45 am]
BILLING CODE 7590-01-P