[Federal Register Volume 70, Number 220 (Wednesday, November 16, 2005)]
[Rules and Regulations]
[Pages 69421-69422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22672]

Rules and Regulations
                                                Federal Register

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Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / 
Rules and Regulations

[[Page 69421]]


10 CFR Part 1

RIN 3150-AH79

Statement of Organization and General Information

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.


SUMMARY: The Nuclear Regulatory Commission (NRC) is revising its 
regulations to reflect the renaming of the Office of the Chief 
Information Officer as the Office of Information Services, the 
establishment of the Office of Nuclear Security and Incident Response, 
the transfer of the responsibility for the allegations program from the 
Office of Nuclear Reactor Regulation to the Office of Enforcement, and 
other minor changes. These amendments are necessary to inform the 
public of administrative changes within the NRC.

EFFECTIVE DATE: November 16, 2005.

FOR FURTHER INFORMATION CONTACT: Alzonia Shepard, Senior Regulations 
Specialist, Rules and Directives Branch, Division of Administrative 
Services, Office of Administration, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Telephone (301) 415-6864, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: On January 6, 2005, the NRC announced a 
realignment of functions of the Office of the Executive Director for 
Operations. In the realignment, the NRC renamed the Office of the Chief 
Information Officer as the Office of Information Services. On April 7, 
2002, the Commission established the Office of Nuclear Security and 
Incident Response (NSIR). These amendments include a description of the 
duties of NSIR. These amendments also reflect the transfer of the 
allegations program from the Office of Nuclear Reactor Regulation to 
the Office of Enforcement, the replacement of the reference to the 
Small Business Regulatory Enforcement Act with the Congressional Review 
Act, corrections to the addresses for Regions II and III, as well as 
other minor changes.
    Because these amendments constitute minor administrative changes to 
the regulations concerning agency organization, the notice and comment 
provisions of the Administrative Procedure Act do not apply under 5 
U.S.C. 553(b)(A). The amendments 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 changes to certain CFR sections, which do not require action by 
any person or entity regulated by the NRC. Further, the final rule does 
not 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 information collection 
requirements and therefore, is not subject to the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 10 CFR Part 1

    Organization and functions (Government Agencies).

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 Chapter 1.


1. In 10 CFR Chapter 1, revise all references to the phrase ``Office of 
the Chief Information Officer'' to read ``Office of Information 


2. 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.

3. In Sec.  1.3, paragraph (c) is revised to read as follows:

Sec.  1.3  Sources of additional information.

* * * * *
    (c) Information regarding the availability of NRC records under the 
Freedom of Information Act and Privacy Act of 1974 may be obtained from 
the Information and Records Services Division, Office of Information 
Services. NRC's regulations are published in the Federal Register and 
codified in Title 10, Chapter 1, of the Code of Federal Regulations. 
They may be viewed electronically at the NRC Web site, http://www.nrc.gov/reading-rm/doc-collections/cfr/. Final opinions made in the 
adjudication of cases are published in ``Nuclear Regulatory Commission 
Issuances,'' and are available on a subscription basis from the 
National Technical Information Service, 5285 Port Royal Road, 
Springfield, VA 22161.

4. In Sec.  1.5, paragraphs (b)(2) and (b)(3) are revised to read as 

Sec.  1.5  Location of principal offices and regional offices.

* * * * *
    (b) * * *
    (2) Region II, USNRC, Sam Nunn Atlanta Federal Center, 61 Forsyth 
Street, SW., Suite 23 T85, Atlanta, GA 30303-8931.
    (3) Region III, USNRC, 2443 Warrenville Road, Suite 210, Lisle, IL 
* * * * *

5. In Sec.  1.32, paragraph (b) is revised to read as follows:

Sec.  1.32  Office of the Executive Director for Operations.

* * * * *
    (b) The EDO supervises and coordinates policy development and

[[Page 69422]]

operational activities in the following line offices; the Office of 
Nuclear Reactor Regulation, the Office of Nuclear Material Safety and 
Safeguards, the Office of Nuclear Regulatory Research, the Office of 
Nuclear Security and Incident Response, and the NRC Regional Offices; 
and the following staff offices: The Office of Enforcement, the Office 
of Administration, the Office of Information Services, the Office of 
Investigations, the Office of Small Business and Civil Rights, the 
Office of Human Resources, the Office of State and Tribal Programs, and 
other organizational units as shall be assigned by the Commission. The 
EDO is also responsible for implementing the Commission's policy 
directives pertaining to these offices.
* * * * *

6. Section 1.33 is revised to read as follows:

Sec.  1.33  Office of Enforcement.

    The Office of Enforcement--
    (a) Develops policies and programs for enforcement of NRC 
    (b) Manages major enforcement action;
    (c) Assesses the effectiveness and uniformity of Regional 
enforcement actions; and
    (d) Manages the NRC allegation program.

7. In Sec.  1.34, paragraph (d) is revised to read as follows:

Sec.  1.34  Office of Administration.

* * * * *
    (d) Develops and implements policies and procedures for the review 
and publication of NRC rulemakings, and ensures compliance with the 
Regulatory Flexibility Act and the Congressional Review Act, manages 
the NRC Management Directives Program, and provides translation 

8. Section 1.35 is revised to read as follows:

Sec.  1.35  Office of Information Services.

    The Office of Information Services--
    (a) Plans, directs, and oversees the NRC's information resources, 
including technology infrastructure and delivery of information 
management services, to meet the mission and goals of the agency;
    (b) Provides principal advice to the Chairman to ensure that 
information technology (IT) is acquired and information resources 
across the agency are managed in a manner consistent with Federal 
information resources management (IRM) laws and regulations;
    (c) Assists senior management in recognizing where information 
technology can add value while improving NRC operations and service 
    (d) Directs the implementation of a sound and integrated IT 
architecture to achieve NRC's strategic and IRM goals;
    (e) Monitors and evaluates the performance of information 
technology and information management programs based on applicable 
performance measures and assesses the adequacy of IRM skills of the 
    (f) Provides guidance and oversight for the selection, control and 
evaluation of information technology investments; and
    (g) Provides oversight and quality assurance for the design and 
operation of the Licensing Support Network (LSN) services and for the 
completeness and integrity of the LSN database, ensures that the LSN 
meets the requirements of 10 CFR part 2, subpart J, concerning the use 
of the LSN in the Commission's high-level waste licensing proceedings, 
and provides technical oversight of DOE in the design, development, and 
operation of the LSN.

9. In Sec.  1.41, the section heading and the introductory text are 
revised to read as follows:

Sec.  1.41  Office of State and Tribal Programs.

    The Office of State and Tribal Programs--
* * * * *

10. Section 1.43 is revised to read as follows:

Sec.  1.43  Office of Nuclear Reactor Regulation.

    The Office of Nuclear Reactor Regulation--
    (a) Develops, promulgates and implements regulations and develops 
and implements policies, programs, and procedures for all aspects of 
licensing, inspection, and safeguarding of--
    (1) Manufacturing, production, and utilization facilities, except 
for those concerning fuel reprocessing plants and isotopic enrichment 
    (2) Receipt, possession, and ownership of source, byproduct, and 
special nuclear material used or produced at facilities licensed under 
10 CFR part 50;
    (3) Operators of such facilities;
    (4) Emergency preparedness at such facilities; and
    (5) Contractors and suppliers of such facilities.
    (b) Identifies and takes action regarding conditions and licensee 
performance that may adversely affect public health and safety, the 
environment, or the safeguarding of nuclear reactor facilities;
    (c) Assesses and recommends or takes action regarding incidents or 
    (d) Provides special assistance as required in matters involving 
reactor facilities exempt from licensing;
    (e) Provides guidance and implementation direction to Regional 
Offices on reactor licensing, inspection, and safeguards programs 
assigned to the Region, and appraises Regional program performance in 
terms of effectiveness and uniformity;
    (f) Performs other functions required for implementation of the 
reactor licensing, inspection, and safeguard programs; and
    (g) Performs review and evaluation related to regulated facilities 
insurance, indemnity, and antitrust matters.

11. Section 1.46 is added to read as follows:

Sec.  1.46  Office of Nuclear Security and Incident Response.

    The Office of Nuclear Security and Incident Response--
    (a) Develops overall agency policy and provides management 
direction for evaluation and assessment of technical issues involving 
security at nuclear facilities, and is the agency safeguards and 
security interface with the Department of Homeland Security (DHS), the 
Department of Energy (DOE), other agencies; and the international 
activities related to the security of radioactive material and nuclear 
    (b) Develops, in participation with domestic and international 
agencies, foreign policy guidance and provides international assistance 
in nuclear security and safeguards;
    (c) Develops emergency preparedness policies, regulations, 
programs, and guidelines for both currently licensed nuclear reactors 
and potential new nuclear reactors;
    (d) Provides technical expertise regarding emergency preparedness 
issues and interpretations; and
    (e) Develops and directs the NRC program for response to incidents, 
and is the agency emergency preparedness and incident response 
interface with the DHS, the Federal Emergency Management Agency (FEMA) 
and other Federal agencies.

    Dated at Rockville, Maryland, this 7th day of November, 2005.

    For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. 05-22672 Filed 11-15-05; 8:45 am]