[Federal Register Volume 72, Number 123 (Wednesday, June 27, 2007)]
[Rules and Regulations]
[Pages 35144-35145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12423]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 70

RIN 3150-AH62


Conforming Administrative Changes

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is making conforming 
changes to citations in the regulatory text. This action is necessary 
to inform the public of these conforming changes to NRC regulations.

DATES: Effective Date: June 27, 2007.

FOR FURTHER INFORMATION CONTACT: Michael K. Williamson, Office of 
Federal and State Materials and Environmental Management Programs, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 
(301) 415-6234, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: In September 2000, when part 70 was amended, 
a new Subpart H to part 70 was added which resulted in former Sec.  
70.61 being redesignated as Sec.  70.81 and former Sec.  70.62 being 
redesignated as Sec.  70.82. Additionally, former Sec.  70.71 was 
redesignated as Sec.  70.91. NRC is amending its regulations to make 
conforming changes to citations in the regulatory text by replacing 
Sec.  70.61 with Sec.  70.81, replacing Sec.  70.62 with Sec.  70.82, 
and replacing Sec.  70.71 with Sec.  70.91, to update and correct 
cross-references within 10 CFR part 70. In addition, in September 2000, 
Sec.  70.14 was redesignated as Sec.  70.17 as referenced in Sec.  
70.51.
    Because these amendments deal solely with correcting cross 
references in the regulations, the notice and comment provisions of the 
Administrative Procedure Act do not apply, under 5 U.S.C. 553(b)(B), 
because good cause exists to make these ministerial changes without 
unnecessary notices and public procedure. This amendment will become 
effective upon publication in the Federal Register. Good cause exists 
to dispense with the usual 30-day delay in the effective date, under 5 
U.S.C. 553(d)(3), because this amendment is of a minor and 
administrative nature.

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

[[Page 35145]]

environmental assessment has been prepared for this final rule.

Paperwork Reduction Act

    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 (OMB), approval numbers 3150-0009, 
3150-0028, and 3150-0056.

Public Protection Notification

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

Regulatory Analysis

    A regulatory analysis has not been prepared for this final rule, 
because this rule is administrative, in that it amends the regulations 
to reflect administrative conforming changes made to 10 CFR part 70. 
This is considered a minor non-substantive amendment and will not have 
a significant impact on NRC licensees or the public.

Backfit Analysis

    The NRC has determined that the backfit rule (Sec. Sec.  50.109, 
70.76, 72.62, or 76.76) does not apply to this final rule because this 
amendment does not involve any provisions that would impose backfits as 
defined in the backfit rule. This amendment is considered a minor non-
substantive amendment; therefore, a backfit analysis is not required.

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.


0
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, NRC is making the following 
conforming changes to 10 CFR Part 70.

PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

0
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); sec. 
1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
    Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141, 
Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). 
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 secs. 184, 68 Stat. 954, as amended (42 
U.S.C. 2234). Section 70.81 also issued under secs. 186, 187, 68 
Stat. 955 (42 U.S.C. 2236, 2237). Section 70.82 also issued under 
sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).


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2. In Sec.  70.19, the introductory text in paragraph (c) is revised to 
read as follows:


Sec.  70.19  General license for calibration or reference sources.

* * * * *
    (c) The general license in paragraph (a) of this section is subject 
to the provisions of Sec. Sec.  70.32, 70.50, 70.55, 70.56, 70.91, 
70.81, and 70.82; the provisions of Sec. Sec.  74.11 and 74.19 of this 
chapter; and to the provisions of parts 19, 20, and 21 of this chapter. 
In addition, persons who receive title to own, acquire, deliver, 
receive, possess, use or transfer one or more calibration or reference 
sources under this general license:
* * * * *

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3. In Sec.  70.20a, paragraph (a) is revised to read as follows:


Sec.  70.20a  General license to possess special nuclear material for 
transport.

    (a) A general license is issued to any person to possess formula 
quantities of strategic special nuclear material of the types and 
quantities subject to the requirements of Sec. Sec.  73.20, 73.25, 
73.26 and 73.27 of this chapter, and irradiated reactor fuel containing 
material of the types and quantities subject to the requirements of 
Sec.  73.37 of this chapter, in the regular course of carriage for 
another or storage incident. Carriers generally licensed under Sec.  
70.20b are exempt from the requirements of this section. Carriers of 
irradiated reactor fuel for the United States Department of Energy are 
also exempt from the requirements of this section. The general license 
is subject to the applicable provisions of Sec. Sec.  70.7 (a) through 
(e), 70.32 (a) and (b), and Sec. Sec.  70.42, 70.52, 70.55, 70.91, 
70.81, 70.82 and 10 CFR 74.11.
* * * * *

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4. In Sec.  70.20b, paragraph (b) is revised to read as follows:


Sec.  70.20b  General license for carriers of transient shipments of 
formula quantities of strategic special nuclear material, special 
nuclear material of moderate strategic significance, special nuclear 
material of low strategic significance, and irradiated reactor fuel.

* * * * *
    (b) Persons generally licensed under this section are exempt from 
the requirements of parts 19 and 20 of this chapter and the 
requirements of this part, except Sec. Sec.  70.32 (a) and (b), 70.52, 
70.55, 70.91, 70.81, and 70.82.
* * * * *

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5. In Sec.  70.51, paragraph (c)(2) is revised to read as follows:


Sec.  70.51  Records requirements.

* * * * *
    (c) * * *
    (2) If there is a conflict between the Commission's regulations in 
this part, license condition, or other written Commission approval or 
authorization pertaining to the retention period for the same type of 
record, the retention period specified in the regulations in this part 
for these records shall apply unless the Commission, under Sec.  70.17 
has granted a specific exemption from the record retention requirements 
specified in the regulations in this part.

    Dated at Rockville, Maryland, this 8th day of June, 2007.

    For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. E7-12423 Filed 6-26-07; 8:45 am]
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