[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.
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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
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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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