[Federal Register Volume 75, Number 229 (Tuesday, November 30, 2010)]
[Rules and Regulations]
[Pages 73935-73946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29735]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 /
Rules and Regulations
[[Page 73935]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 2, 10, 20, 25, 26, 30, 34, 40, 50, 54, 70, 71, 72, 95,
110, and 150
RIN 3150-AH49
[NRC-2009-0085]
Miscellaneous Administrative Changes
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission)
is amending its regulations to make miscellaneous administrative
changes, including an update of the list of Agreement and Non-Agreement
States, the merging of the Region II materials program with that of
Region I, the correction of office titles associated with the Office of
Nuclear Material Safety and Safeguards and the Office of Federal and
State Materials and Environmental Management Programs, the inclusion of
references to new Executive Order (E.O.) 13526, and other edits,
corrections, and conforming changes. This document is necessary to
inform the public of these changes to the NRC's regulations.
DATES: This rule is effective December 30, 2010.
FOR FURTHER INFORMATION CONTACT: Angella Love Blair, Rules,
Announcements, and Directives Branch, Division of Administrative
Services, Office of Administration, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: 301-492-3671, e-mail:
[email protected].
ADDRESSES: You can access publicly available documents related to this
document using the following methods:
NRC's Public Document Room (PDR): The public may examine and have
copied for a fee publicly available documents at the NRC's PDR, Room O1
F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland.
NRC's Agencywide Documents Access and Management System (ADAMS):
Publicly available documents created or received at the NRC are
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain
entry into ADAMS, which provides text and image files of NRC's public
documents. If you do not have access to ADAMS or if there are problems
in accessing the documents located in ADAMS, contact the NRC's PDR
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to
[email protected].
Federal Rulemaking Web Site: Supporting materials related to this
final rule can be found at http://www.regulations.gov by searching on
Docket ID: NRC-2009-0085.
SUPPLEMENTARY INFORMATION:
Introduction
The NRC is amending its regulations at Title 10 of the Code of
Federal Regulations (10 CFR) parts 2, 10, 20, 25, 26, 30, 34, 40, 50,
54, 70, 71, 72, 95, 110, and 150 to make miscellaneous administrative
changes, including an update of the list of Agreement and Non-Agreement
States, the merging of the Region II materials program with that of
Region I, the correction of office titles associated with the Office of
Nuclear Material Safety and Safeguards and the Office of Federal and
State Materials and Environmental Management Programs, the inclusion of
references to new E.O. 13526, and other edits, corrections, and
conforming changes.
Summary of Changes
Include Electronic Watermarks to Denote Proprietary Content
In Sec. 2.390(b)(1)(i)(A) and (b)(1)(i)(B), the language is
revised to include electronic watermarks to denote proprietary content.
Current regulations at Sec. 2.390(b)(1)(i)(A) and (b)(1)(i)(B)
currently require proprietary marking at the top of the first page, and
on succeeding, affected pages, either adjacent to the material sought
to be withheld from public disclosure, or at the top of the page, if
the entire page is sought to be withheld. At the time the regulations
were written, information technology alternatives, such as electronic
watermarks, were not in common use, if the technology was available at
all. Various alternatives such as electronic watermark, margin
notation, or other suitable markings may now be available to denote
proprietary content, and would be acceptable as being completely within
the spirit of the regulations, since the goal of the regulations is
simply to ensure that there is notice of proprietary content to whoever
is handling the document and not to be unnecessarily prescriptive,
either as to methodology or terminology.
Update the List of Non-Agreement States
In Sec. Sec. 30.6(b)(2)(i), 40.5(b)(2)(i), and 70.5(b)(2)(i),
Maine, Massachusetts, Pennsylvania and New Jersey no longer appear
because they are Agreement States. In Sec. Sec. 30.6(b)(2)(iii)(B),
40.5(b)(2)(iii)(B), and 70.5(b)(2)(iii)(B), Ohio, Wisconsin and
Minnesota no longer appear because they are Agreement States and in
Sec. Sec. 30.6(b)(2)(iv)(B), 40.5(b)(2)(iv)(B), and 70.5(b)(2)(iv)(B),
Oklahoma no longer appears because it is an Agreement State.
Add a List of Mining and Milling Agreement States
In Sec. Sec. 30.6(b)(2)(iii)(A), 40.5(b)(2)(iii)(A), and
70.5(b)(2)(iii)(A), Illinois and Ohio are now properly identified as
mining and milling Agreement States and in Sec. Sec.
30.6(b)(2)(iv)(A), 40.5(b)(2)(iv)(A), and 70.5(b)(2)(iv)(A), Colorado,
Utah, Texas and Washington are also identified as mining and milling
Agreement States. This addition was made to highlight those Agreements
States who selected oversight authority concerning this type of
regulation.
Amend Relevant Sections to Identify That Region II's Materials Program
Has Been Merged Into That of Region I
The contact information for material licensees has been updated in
Sec. Sec. 30.6(b)(2)(ii), 40.5(b)(2)(ii), 70.5(b)(2)(ii) to reflect
Region I because Region II's materials program has been merged into
that of Region I.
Remove Obsolete Text
Sections 30.37, 40.43, and 70.33 are revised to remove obsolete
text, contained in paragraph (b) of each section, that is related to a
final rule published on January 16, 1996 (61 FR
[[Page 73936]]
1109). The final rule provided, on a one-time basis, a five-year
extension for certain licenses. Those license extensions are now
expired.
Correct Office Title Associated with the Office of Nuclear Material
Safety and Safeguards
The office title ``Spent Fuel Project Office'' is corrected to
``Division of Spent Fuel Storage and Transportation'' in Sec. Sec.
71.1, 71.17(c)(3), 71.95(c), 71.101(c), 72.4, 72.16(a), 72.44(f), and
72.186(b).
Use the Formal Title for the Office of Federal and State Materials and
Environmental Management Programs
Section 71.97(c)(3)(iii) is revised to change the office title from
``Office of State Programs'' to ``Office of Federal and State Materials
and Environmental Management Programs''.
Remove Text for an Exemption that Expired on October 18, 2004
In a petition for rulemaking (PRM) submitted by the Nuclear Energy
Institute on April 16, 2008 (PRM-70-8; Docket ID NRC-2009-0184), the
petitioner requested removal of the exemption in the introductory text
to Appendix A to 10 CFR part 70 because this exemption expired on
October 18, 2004. The NRC agrees with the petitioner and the text is
removed.
Correct Column Heading in Appendix B of 10 CFR Part 20
In the second table that appears in Appendix B to 10 CFR part 20,
the heading for the second column of Table 1 which reads ``[mu]Ci/ml''
is corrected to read ``[mu]Ci''.
Correct to Use the Defined Term ``Watchman''
In Sec. 26.4(a)(5), the term ``watchperson'' is replaced with the
defined term ``watchman''.
Correct the Spelling of the Word ``Measures''
In Sec. 50.70(b)(3), the spelling of the word ``measures'' is
corrected.
Remove References to Information Collections
In Sec. 34.8(b), the reference to Sec. 34.53 is removed because
it does not contain any information collections. In Sec. 71.6(b), the
reference to Sec. 71.20 is removed because the information collection
in that section has expired.
Add Missing Punctuation
In Sec. 50.56, a comma is added after the word ``contrary''.
Remove Reference to Section That Does Not Exist
In Sec. 150.10, the reference to Sec. 150.18 is removed because
that section does not exist.
Correct Name of NUREG
In Sec. 150.17(b), the name ``NUREG/BR-007'' is corrected to read
``NUREG/BR-0007''.
Correct Executive Order Reference
Executive Order (E.O.) 12958 was revoked and replaced with E.O.
13526 in early 2010. References were corrected to E.O. 13526 in the
authority citations to 10 CFR parts 25, 54, and 95; definitions in
Sec. Sec. 10.5, 25.5, 95.5, and 110.2; and Sec. Sec. 25.37(b) and
95.59.
Make Conforming Changes for Consistency and Correct an Error in 10 CFR
Part 26
Conforming changes to refer to ``review procedure'' are made in
Sec. 26.39. Conforming changes to refer to individuals ``constructing
or directing the construction of safety- or security-related SSCs'' are
made in Sec. Sec. 26.403(b)(2)(ii), 26.403(b)(3), 26.405(c)(1),
26.406(b), 26.406(d), 26.407 and 26.409. An incorrect reference to
operators licensed under 10 CFR Part 52 is removed from the
introductory text of Sec. 26.719(b)(2).
Rulemaking Procedure
Because these amendments constitute minor administrative
corrections to the regulations, the Commission finds that the notice
and comment provisions of the Administrative Procedure Act are
unnecessary and is exercising its authority under 5 U.S.C. 553(b)(B) to
publish these amendments as a final rule. The amendments are effective
30 days after publication in the Federal Register. These amendments do
not require action by any person or entity regulated by the NRC. Also,
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), which excludes
from a major action rules which are corrective or of a minor non-policy
nature and do not substantially modify existing regulations. Therefore,
neither an environmental impact statement nor an environmental
assessment has been prepared for this 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.).
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
Office of Management and Budget control number.
Backfit Analysis
The NRC has determined that the backfit rule does not apply to this
final rule; therefore, a backfit analysis is not required for this
final rule because these amendments are administrative in nature and do
not involve any provisions that would impose backfits as defined in 10
CFR chapter I, or be inconsistent with the issue finality provisions in
10 CFR part 52.
Congressional Review Act (CRA)
Under the CRA of 1996, the NRC has determined that this action is
not a major rule and has verified this determination with the Office of
Information and Regulatory Affairs of OMB.
List of Subjects
10 CFR Part 2
Administrative practice and procedure, Antitrust, Byproduct
material, Classified information, Environmental protection, Nuclear
materials, Nuclear power plants and reactors, Penalties, Sex
discrimination, Source material, Special nuclear material, Waste
treatment and disposal.
10 CFR Part 10
Administrative practice and procedure, Classified information,
Government employees, Security measures.
10 CFR Part 20
Byproduct material, Criminal penalties, Licensed material, Nuclear
materials, Nuclear power plants and reactors, Occupational safety and
health, Packaging and containers, Radiation protection, Reporting and
recordkeeping requirements, Source material, Special nuclear material,
Waste treatment and disposal.
10 CFR Part 25
Classified information, Criminal penalties, Investigations,
Reporting and
[[Page 73937]]
recordkeeping requirements, Security measures.
10 CFR Part 26
Alcohol abuse, Alcohol testing, Appeals, Chemical testing, Drug
abuse, Drug testing, Employee assistance programs, Fatigue, Fitness for
duty, Management actions, Nuclear power reactors, Protection of
information, Reporting and recordkeeping requirement.
10 CFR Part 30
Byproduct material, Criminal penalties, Government contracts,
Intergovernmental relations, Isotopes, Nuclear materials, Radiation
protection, Reporting and recordkeeping requirements.
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 50
Antitrust, Classified information, Criminal penalties, Fire
protection, Intergovernmental relations, Nuclear power plants and
reactors, Radiation protection, Reactor siting criteria, Reporting and
recordkeeping requirements.
10 CFR Part 54
Administrative practice and procedure, Age-related degradation,
Backfitting, Classified information, Criminal penalties, Environmental
protection, Nuclear power plants and reactors, Reporting and
recordkeeping requirements.
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.
10 CFR Part 71
Criminal penalties, Hazardous materials transportation, Nuclear
materials, Packaging and containers, Reporting and recordkeeping
requirements.
10 CFR Part 72
Administrative practice and procedure, Criminal penalties, Manpower
training programs, Nuclear materials, Occupational safety and health,
Penalties, Radiation protection, Reporting and recordkeeping
requirements, Security measures, Spent fuel, Whistleblowing.
10 CFR Part 95
Classified information, Criminal penalties, Reporting and
recordkeeping requirements, Security measures.
10 CFR Part 110
Administrative practice and procedure, Classified information,
Criminal penalties, Export, Import, Intergovernmental relations,
Nuclear materials, Nuclear power plants and reactors, Reporting and
recordkeeping requirements, Scientific equipment.
10 CFR Part 150
Criminal penalties, Hazardous materials transportation,
Intergovernmental relations, Nuclear materials, Reporting and
recordkeeping requirements, Security measures, Source material, 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, the NRC is adopting the
following amendments to 10 CFR parts 2, 10, 20, 25, 26, 30, 34, 40, 50,
54, 70, 71, 72, 95, 110, and 150.
PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND
ISSUANCE OF ORDERS
0
1. The authority citation for part 2 continues to read as follows:
Authority: Secs.161, 181, 68 Stat. 948, 953, as amended (42
U.S.C. 2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat.
409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C.
5841); 5 U.S.C. 552; sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504
note).
Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104,
68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C.
2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub. L. 97-
425, 96 Stat. 2213, as amended (42 U.S.C. 10143(f)); sec. 102, Pub.
L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301, 88
Stat. 1248 (42 U.S.C. 5871).
Sections 2.102, 2.103, 2.104, 2.105, 2.321 also issued under
secs. 102, 103, 104, 105, 183i, 189, 68 Stat. 936, 937, 938, 954,
955, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239).
Section 2.105 also issued under Pub. L. 97-415, 96 Stat. 2073 (42
U.S.C. 2239). Sections 2.200-2.206 also issued under secs. 161 b, i,
o, 182, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended
(42 U.S.C. 2201(b), (i), (o), 2236, 2282); sec. 206, 88 Stat. 1246
(42 U.S.C. 5846). Section 2.205(j) also issued under Pub. L. 101-
410, 104 Stat. 90, as amended by section 3100(s), Pub. L. 104-134,
110 Stat. 1321-373 (28 U.S.C. 2461 note). Subpart C also issued
under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Section 2.301 also
issued under 5 U.S.C. 554. Sections 2.343, 2.346, 2.712 also issued
under 5 U.S.C. 557. Section 2.340 also issued under secs. 135, 141,
Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
Section 2.390 also issued under sec. 103, 68 Stat. 936, as amended
(42 U.S.C. 2133) and 5 U.S.C. 552. Sections 2.600-2.606 also issued
under sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C.
4332). Sections 2.800 and 2.808 also issued under 5 U.S.C. 553.
Section 2.809 also issued under 5 U.S.C. 553, and sec. 29, Pub. L.
85-256, 71 Stat. 579, as amended (42 U.S.C. 2039). Subpart K also
issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub.
L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). Subpart L also issued
under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Subpart M also issued
under sec. 184 (42 U.S.C. 2234) and sec. 189, 68 Stat. 955 (42
U.S.C. 2239). Subpart N also issued under sec. 189, 68 Stat. 955 (42
U.S.C. 2239. Appendix A also issued under sec. 6, Pub. L. 91-550, 84
Stat. 1473 (42 U.S.C. 2135).
0
2. In Sec. 2.390, revise paragraphs (b)(1)(i)(A) and (b)(1)(i)(B) to
read as follows:
Sec. 2.390 Public inspections, exemptions, requests for withholding.
* * * * *
(b) * * *
(1) * * *
(i) * * *
(A) The first page of the document, and each successive page
containing such information, must be marked so as to be readily
visible, at the top, or by electronic watermark or other suitable
marking on the body of the page, with language substantially similar
to: ``confidential information submitted under 10 CFR 2.390,''
``withhold from public disclosure under 10 CFR 2.390,'' or
``proprietary,'' to indicate that it contains information the submitter
seeks to have withheld.
(B) Each document or page, as appropriate, containing information
sought to be withheld from public disclosure must indicate, adjacent to
the information, or as specified in paragraph (b)(1)(i)(A) of this
section if the entire page is affected, the basis (i.e., trade secret,
personal privacy, etc.) for proposing that the information be withheld
from public disclosure under paragraph (a) of this section.
* * * * *
[[Page 73938]]
PART 10--CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR
ACCESS TO RESTRICTED DATA OR NATIONAL SECURITY INFORMATION OR AN
EMPLOYMENT CLEARANCE
0
3. The authority citation for part 10 continues to read as follows:
Authority: Secs. 145, 161, 68 Stat. 942, 948, as amended (42
U.S.C. 2165, 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C.
5841); E.O. 10450, 3 CFR parts 1949-1953 Comp., p. 936, as amended;
E.O. 10865, 3 CFR 1959-1963 Comp., p. 398, as amended; 3 CFR Table
4; E.O. 12968, 3 CFR 1995 COM., p.396.
0
4. In Sec. 10.5, revise the definition of National Security
Information to read as follows:
Sec. 10.5 Definitions.
* * * * *
National Security Information means information that has been
determined under Executive Order 13526 or any predecessor or successor
order to require protection against unauthorized disclosure and that is
so designated.
* * * * *
PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION
0
5. The authority citation for part 20 continues to read as follows:
Authority: Secs. 53, 63, 65, 81, 103, 104, 161, 182, 186, 68
Stat. 930, 933, 935, 936, 937, 948, 953, 955, as amended, sec. 1701,
106 Stat. 2951, 2952, 2953 (42 U.S.C. 2073, 2093, 2095, 2111, 2133,
2134, 2201, 2232, 2236, 2297f), secs. 201, as amended, 202, 206, 88
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846);
sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); Energy Policy Act
of 2005, Pub. L. 109-58, 119 stat. 594 (2005).
0
6. In Appendix B to part 20, revise the first page of the second table
that appears to read as follows:
Appendix B to Part 20--Annual Limits on Intake (ALIs) and Derived Air
Concentrations (DACs) of Radionuclides for Occupational Exposure;
Effluent Concentrations; Concentrations for Release to Sewerage
* * * * *
BILLING CODE 7590-01-P
[[Page 73939]]
[GRAPHIC] [TIFF OMITTED] TR30NO10.229
[[Page 73940]]
[GRAPHIC] [TIFF OMITTED] TR30NO10.230
BILLING CODE 7590-01-C
[[Page 73941]]
* * * * *
PART 25--ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL
0
7. Revise the authority citation for part 25 to read as follows:
Authority: Secs. 145, 161, 68 Stat. 942, 948, as amended (42
U.S.C. 2165, 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C.
5841); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); E.O. 10865,
as amended, 3 CFR 1959-1963 Comp., p. 398 (50 U.S.C. 401, note);
E.O. 12829, 3 CFR, 1993 Comp., p. 570; E.O. 13526, as amended, 3
CFR, 1995 Comp., p. 333, as amended by E.O. 13292, 3 CFR 2004 Comp.,
p. 196; E.O. 12968, 3 CFR, 1995 Comp, p. 396;
Appendix A also issued under 96 Stat. 1051 (31 U.S.C. 9701).
0
8. In Sec. 25.5, revise the definition of Classified National Security
Information to read as follows:
Sec. 25.5 Definitions.
* * * * *
Classified National Security Information means information that has
been determined under E.O. 13526, as amended, or any predecessor or
successor order to require protection against unauthorized disclosure
and that is so designated.
* * * * *
0
9. In Sec. 25.37, revise paragraph (b) to read as follows:
Sec. 25.37 Violations.
* * * * *
(b) National Security Information is protected under the
requirements and sanctions of Executive Order 13526, as amended, or any
predecessor or successor orders.
PART 26--FITNESS FOR DUTY PROGRAMS
0
10. The authority citation for part 26 continues to read as follows:
Authority: Secs. 53, 81, 103, 104, 107, 161, 68 Stat. 930, 935,
936, 937, 948, as amended, sec. 1701, 106 Stat. 2951, 2952, 2953 (42
U.S.C. 2073, 2111, 2112, 2133, 2134, 2137, 2201, 2297f); secs. 201,
202, 206, 88 Stat. 1242, 1244, 1246, as amended (42 U.S.C. 5841,
5842, 5846).
Sec. 26.4 [Amended]
0
11. In Sec. 26.4, paragraph (a)(5), remove the word ``watchperson''
and add in its place the word ``watchman''.
0
12. Revise Sec. 26.39 to read as follows:
Sec. 26.39 Review process for fitness-for-duty policy violations.
(a) Each licensee and other entity who is subject to this subpart
shall establish procedures for the review of a determination that an
individual who they employ or who has applied for authorization has
violated the FFD policy. The review procedure must provide for an
objective and impartial review of the facts related to the
determination that the individual has violated the FFD policy.
(b) The review procedure must provide notice to the individual of
the grounds for the determination that the individual has violated the
FFD policy, and must provide an opportunity for the individual to
respond and submit additional relevant information.
(c) The review procedure must ensure that the individual who
conducts the review is not associated with the administration of the
FFD program [see the description of FFD program personnel in Sec.
26.4(g)]. Individuals who conduct the review may be management
personnel.
(d) If the review finds in favor of the individual, the licensee or
other entity shall update the relevant records to reflect the outcome
of the review and delete or correct all information the review found to
be inaccurate.
(e) When a C/V is administering an FFD program on which licensees
and other entities rely, and the C/V determines that its employee,
subcontractor, or applicant has violated its FFD policy, the C/V shall
ensure that the review procedure required in this section is provided
to the individual. Licensees and other entities who rely on a C/V's FFD
program need not provide the review procedure required in this section
to a C/V's employee, subcontractor, or applicant when the C/V is
administering its own FFD program and the FFD policy violation was
determined under the C/V's program.
0
13. In Sec. 26.403, revise paragraphs (b)(2)(ii) and (b)(3) to read as
follows:
Sec. 26.403 Written policy and procedures.
* * * * *
(b) * * *
(2) * * *
(ii) Consumed alcohol to excess before or while constructing or
directing the construction of safety- or security-related SSCs, as
determined by a test that accurately measures BAC;
* * * * *
(3) The process to be followed if an individual's behavior or
condition raises a concern regarding the possible use, sale, or
possession of illegal drugs on or off site; the possible use or
possession of alcohol while constructing or directing the construction
of safety- or security-related SSCs; or impairment from any cause which
in any way could adversely affect the individual's ability to safely
and competently perform his or her duties.
0
14. In Sec. 26.405, revise paragraph (c)(1) to read as follows:
26.405 Drug and alcohol testing.
* * * * *
(c) * * *
(1) Pre-assignment. Before assignment to construct or direct the
construction of safety- or security-related SSCs;
* * * * *
0
15. In Sec. 26.406, revise paragraphs (b) and (d) to read as follows:
Sec. 26.406 Fitness monitoring.
* * * * *
(b) Licensees and other entities shall implement a fitness
monitoring program to deter substance abuse and detect indications of
possible use, sale, or possession of illegal drugs; use or possession
of alcohol while constructing or directing the construction of safety-
or security-related SSCs; or impairment from any cause that if left
unattended may result in a risk to public health and safety or the
common defense and security.
* * * * *
(d) Licensees and other entities shall ensure that the fitness of
individuals specified in Sec. 26.4(f) is monitored effectively while
the individuals are constructing or directing the construction of
safety- and security-related SSCs, commensurate with the potential risk
to public health and safety and the common defense and security imposed
by the construction activity. To achieve this objective, licensees and
other entities shall consider the number and placement of monitors
required, the necessary ratio of monitors to individuals specified in
Sec. 26.4(f), and the frequency with which the individuals specified
in Sec. 26.4(f) shall be monitored while constructing or directing the
construction of each safety- or security-related SSC.
0
16. Revise Sec. 26.407 to read as follows:
Sec. 26.407 Behavioral observation.
While the individuals specified in Sec. 26.4(f) are constructing
or directing the construction of safety- or security-related SSCs,
licensees and other entities shall ensure that these individuals are
subject to behavioral observation, except if the licensee or other
entity has implemented a fitness monitoring program under Sec. 26.406.
0
17. Revise Sec. 26.409 to read as follows:
Sec. 26.409 Sanctions.
Licensees and other entities who implement an FFD program under
this
[[Page 73942]]
subpart shall establish sanctions for FFD policy violations that, at a
minimum, prohibit the individuals specified in Sec. 26.4(f) from being
assigned to construct or direct the construction of safety- or
security-related SSCs unless or until the licensee or other entity
determines that the individual's condition or behavior does not pose a
potential risk to public health and safety or the common defense and
security.
0
18. In Sec. 26.719, revise the introductory text of paragraph (b)(2)
to read as follows:
Sec. 26.719 Reporting requirements.
* * * * *
(b) * * *
(2) Any acts by any person licensed under 10 CFR part 55 to operate
a power reactor, as well as any acts by SSNM transporters, FFD program
personnel, or any supervisory personnel who are authorized under this
part, if such acts--
* * * * *
PART 30--RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF
BYPRODUCT MATERIAL
0
19. The authority citation for part 30 continues to read as follows:
Authority: Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948,
953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42
U.S.C. 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); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note);
Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 549 (2005).
Section 30.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42
U.S.C. 5851). Section 30.34(b) also issued under sec. 184, 68 Stat.
954, as amended (42 U.S.C. 2234). Section 30.61 also issued under
sec. 187, 68 Stat. 955 (42 U.S.C. 2237).
0
20. In Sec. 30.6, revise paragraph (b)(2) to read as follows:
Sec. 30.6 Communications.
* * * * *
(b) * * *
(2) Submissions. (i) Region I. The regional licensing program
involves all Federal facilities in the region and non-Federal licensees
in the following Region I non-Agreement States and the District of
Columbia: Connecticut, Delaware, and Vermont. All mailed or hand-
delivered inquiries, communications, and applications for a new license
or an amendment, renewal, or termination request of an existing license
specified in paragraph (b)(1) of this section must use the following
address: U.S. Nuclear Regulatory Commission, Region I, Nuclear Material
Section B, 475 Allendale Road, King of Prussia, PA 19406-1415; where e-
mail is appropriate it should be addressed to
[email protected].
(ii) Region II. The regional licensing program involves all Federal
facilities in the region and non-Federal licensees in the following
Region II non-Agreement States and territories: West Virginia, Puerto
Rico, and the Virgin Islands. All mailed or hand-delivered inquiries,
communications, and applications for a new license or an amendment,
renewal, or termination request of an existing license specified in
paragraph (b)(1) of this section must use the following address: U.S.
Nuclear Regulatory Commission, Region I, Nuclear Material Section B,
475 Allendale Road, King of Prussia, PA 19406-1415; where e-mail is
appropriate it should be addressed to
[email protected].
(iii) Region III. (A) The regional licensing program for mining and
milling involves all Federal facilities in the region, and non-Federal
licensees in the Region III non-Agreement States of Indiana, Michigan,
Missouri and the Region III Agreement States of Minnesota, Wisconsin,
and Iowa. All mailed or hand-delivered inquiries, communications, and
applications for a new license or an amendment, renewal, or termination
request of an existing license specified in paragraph (b)(1) of this
section must use the following address: U.S. Nuclear Regulatory
Commission, Region III, Material Licensing Section, 2443 Warrenville
Road, Suite 210, Lisle, IL 60532-4352; where e-mail is appropriate it
should be addressed to [email protected].
(B) Otherwise, the regional licensing program involves all Federal
facilities in the region and non-Federal licensees in the Region III
non-Agreement States of Indiana, Michigan, and Missouri. All mailed or
hand-delivered inquiries, communications, and applications for a new
license or an amendment, renewal, or termination request of an existing
license specified in paragraph (b)(1) of this section must use the
following address: U.S. Nuclear Regulatory Commission, Region III,
Material Licensing Section, 2443 Warrenville Road, Suite 210, Lisle, IL
60532-4352; where e-mail is appropriate it should be addressed to
[email protected].
(iv) Region IV. (A) The regional licensing program for mining and
milling involves all Federal facilities in the region, and non-Federal
licensees in the Region IV non-Agreement States and territory of
Alaska, Hawaii, Idaho, Montana, South Dakota, Wyoming and Guam and
Region IV Agreement States of Oregon, California, Nevada, New Mexico,
Louisiana, Mississippi, Arkansas, Oklahoma, Kansas, Nebraska, and North
Dakota. All mailed or hand-delivered inquiries, communications, and
applications for a new license or an amendment, renewal, or termination
request of an existing license specified in paragraph (b)(1) of this
section must use the following address: U.S. Nuclear Regulatory
Commission, Region IV, Division of Nuclear Materials Safety, 612 E.
Lamar Blvd., Suite 400, Arlington, TX 76011-4125; where e-mail is
appropriate it should be addressed to
[email protected].
(B) Otherwise, the regional licensing program involves all Federal
facilities in the region and non-Federal licensees in the following
Region IV non-Agreement States and territory: Alaska, Hawaii, Idaho,
Montana, South Dakota, Wyoming, and Guam. All mailed or hand-delivered
inquiries, communications, and applications for a new license or an
amendment, renewal, or termination request of an existing license
specified in paragraph (b)(1) of this section must use the following
address: U.S. Nuclear Regulatory Commission, Region IV, Division of
Nuclear Materials Safety, 612 E. Lamar Blvd., Suite 400, Arlington, TX
76011-4125; where e-mail is appropriate it should be addressed to
[email protected].
0
21. Revise Sec. 30.37 to read as follows:
Sec. 30.37 Application for renewal of licenses.
Application for renewal of a specific license must be filed on NRC
Form 313 and in accordance with Sec. 30.32.
PART 34--LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY
REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS
0
22. The authority citation for part 34 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. 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).
Sec. 34.8 [Amended]
0
23. In Sec. 34.8, paragraph (b), to remove the reference ``34.53,''.
[[Page 73943]]
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL
0
24. 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); Energy
Policy Act of 2005, Pub. L. No. 109-59, 119 Stat. 594 (2005).
Section 40.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (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
25. In Sec. 40.5, revise paragraph (b)(2) to read as follows:
Sec. 40.5 Communications.
* * * * *
(b) * * *
(2) Submissions. (i) Region I. The regional licensing program
involves all Federal facilities in the region and non-Federal licensees
in the following Region I non-Agreement States and the District of
Columbia: Connecticut, Delaware, and Vermont. All mailed or hand-
delivered inquiries, communications, and applications for a new license
or an amendment or renewal of an existing license specified in
paragraph (b)(1) of this section must use the following address: U.S.
Nuclear Regulatory Commission, Region I, Nuclear Material Section B,
475 Allendale Road, King of Prussia, PA 19406-1415; where e-mail is
appropriate it should be addressed to
[email protected].
(ii) Region II. The regional licensing program involves all Federal
facilities in the region and non-Federal licensees in the following
Region II non-Agreement States and territories: West Virginia, Puerto
Rico, and the Virgin Islands. All mailed or hand-delivered inquiries,
communications, and applications for a new license or an amendment,
renewal, or termination request of an existing license specified in
paragraph (b)(1) of this section must use the following address: U.S.
Nuclear Regulatory Commission, Region I, Nuclear Material Section B,
475 Allendale Road, King of Prussia, PA 19406-1415; where e-mail is
appropriate it should be addressed to
[email protected].
(iii) Region III. (A) The regional licensing program for mining and
milling involves all Federal facilities in the region, and non-Federal
licensees in the Region III non-Agreement States of Indiana, Michigan,
Missouri and Region III Agreement States of Minnesota, Wisconsin, and
Iowa. All mailed or hand-delivered inquiries, communications, and
applications for a new license or an amendment, renewal, or termination
request of an existing license specified in paragraph (b)(1) of this
section must use the following address: U.S. Nuclear Regulatory
Commission, Region III, Material Licensing Section, 2443 Warrenville
Road, Suite 210, Lisle, IL 60532-4352; where e-mail is appropriate it
should be addressed to [email protected].
(B) Otherwise, the regional licensing program involves all Federal
facilities in the region and non-Federal licensees in the following
Region III non-Agreement States: Indiana, Michigan, and Missouri. All
mailed or hand-delivered inquiries, communications, and applications
for a new license or an amendment, or renewal of an existing license
specified in paragraph (b)(1) of this section must use the following
address: U.S. Nuclear Regulatory Commission, Region III, Material
Licensing Section, 2443 Warrenville Road, Suite 210, Lisle, IL 60532-
4352; where e-mail is appropriate it should be addressed to
[email protected]. Outside of this jurisdiction,
concerning the licensing program involving mining and milling, the
Agreement States of Illinois and Ohio should be contacted.
(iv) Region IV. (A) The regional licensing program for mining and
milling involves all Federal facilities in the region, and non-Federal
licensees in the Region IV non-Agreement States and territory of
Alaska, Hawaii, Idaho, Montana, South Dakota, Wyoming and Guam and
Region IV Agreement States of Oregon, California, Nevada, New Mexico,
Louisiana, Mississippi, Arkansas, Oklahoma, Kansas, Nebraska, and North
Dakota. All mailed or hand-delivered inquiries, communications, and
applications for a new license or an amendment, renewal, or
termination, request of an existing license specified in paragraph
(b)(1) of this section must use the following address: U.S. Nuclear
Regulatory Commission, Region IV, Division of Nuclear Materials Safety,
612 E. Lamar Blvd., Suite 400, Arlington, TX 76011-4125; where e-mail
is appropriate it should be addressed to mail to:
[email protected].
(B) Otherwise, the regional licensing program involves all Federal
facilities in the region and non-Federal licensees in the following
Region IV non-Agreement States and territory: Alaska, Hawaii, Idaho,
Montana, South Dakota, Wyoming, and Guam. All mailed or hand-delivered
inquiries, communications, and applications for a new license or an
amendment or renewal of an existing license specified in paragraph
(b)(1) of this section must use the following address: U.S. Nuclear
Regulatory Commission, Region IV, Division of Nuclear Materials Safety,
612 E. Lamar Blvd., Suite 400, Arlington, TX 76011-4125; where e-mail
is appropriate it should be addressed to
[email protected].
0
26. Revise Sec. 40.43 to read as follows:
Sec. 40.43 Renewal of licenses.
Application for renewal of a specific license must be filed on NRC
Form 313 and in accordance with Sec. 40.31.
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
0
27. 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);
sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); Energy Policy Act
of 2005, Pub. L. No. 109-58, 119 Stat. 194 (2005). Section 50.7 also
issued under Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended by
Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (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(dd), 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).
[[Page 73944]]
Sec. 50.56 [Amended]
0
28. In Sec. 50.56, add a comma after the word ``contrary''.
Sec. 50.70 [Amended]
0
29. In Sec. 50.70, paragraph (b)(3), remove the word ``meaures'' and
add in its place the word ``measures''.
PART 54--REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR
POWER PLANTS
0
30. Revise the authority citation for part 54 to read as follows:
Authority: Secs. 102, 103, 104, 161, 181, 182, 183, 186, 189, 68
Stat. 936, 937, 938, 948, 953, 954, 955, as amended, sec. 234, 83
Stat. 1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201,
2232, 2233, 2236, 2239, 2282); secs 201, 202, 206, 88 Stat. 1242,
1244, as amended (42 U.S.C. 5841, 5842).
Section 54.17 also issued under E.O.12829, 3 CFR, 1993 Comp.,
p.570; E.O. 13526, as amended, 3 CFR, 1995 Comp., p. 333; E.O.
12968, 3 CFR, 1995 Comp., p.391.
PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
0
31. 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); Energy Policy Act of
2005, Pub. L. No. 109-58, 119 Stat. 194 (2005).
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 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (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 sec. 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).
0
32. In Sec. 70.5, revise paragraph (b)(2) to read as follows:
Sec. 70.5 Communications.
* * * * *
(b) * * *
(2) Submissions. (i) Region I. The regional licensing program
involves all Federal facilities in the region and non-Federal licensees
in the following Region I non-Agreement States and the District of
Columbia: Connecticut, Delaware, and Vermont. All mailed or hand-
delivered inquiries, communications, and applications for a new license
or an amendment or renewal of an existing license specified in
paragraph (b)(1) of this section must use the following address: U.S.
Nuclear Regulatory Commission, Region I, Nuclear Material Section B,
475 Allendale Road, King of Prussia, PA 19406-1415; where e-mail is
appropriate it should be addressed to
[email protected].
(ii) Region II. The regional licensing program involves all Federal
facilities in the region and non-Federal licensees in the following
Region II non-Agreement States and territories: West Virginia, Puerto
Rico, and the Virgin Islands. All mailed or hand-delivered inquiries,
communications, and applications for a new license or an amendment,
renewal, or termination request of an existing license specified in
paragraph (b)(1) of this section must use the following address: U.S.
Nuclear Regulatory Commission, Region I, Nuclear Material Section B,
475 Allendale Road, King of Prussia, PA 19406-1415; where e-mail is
appropriate it should be addressed to
[email protected].
(iii) Region III. (A) The regional licensing program for mining and
milling involves all Federal facilities in the region, and non-Federal
licensees in the Region III non-Agreement States of Indiana, Michigan,
Missouri and Region III Agreement States of Minnesota, Wisconsin, and
Iowa. All mailed or hand-delivered inquiries, communications, and
applications for a new license or an amendment, renewal, or termination
request of an existing license specified in paragraph (b)(1) of this
section must use the following address: U.S. Nuclear Regulatory
Commission, Region III, Material Licensing Section, 2443 Warrenville
Road, Suite 210, Lisle, IL 60532-4352; where e-mail is appropriate it
should be addressed to [email protected].
(B) Otherwise, the regional licensing program involves all Federal
facilities in the region and non-Federal licensees in the following
Region III non-Agreement States: Indiana, Michigan, and Missouri. All
mailed or hand-delivered inquiries, communications, and applications
for a new license or an amendment, or renewal of an existing license
specified in paragraph (b)(1) of this section must use the following
address: U.S. Nuclear Regulatory Commission, Region III, Material
Licensing Section, 2443 Warrenville Road, Suite 210, Lisle, IL 60532-
4352; where e-mail is appropriate it should be addressed to
[email protected]. Outside of this jurisdiction,
concerning the licensing program involving mining and milling, the
Agreement States of Illinois and Ohio should be contacted.
(iv) Region IV. (A) The regional licensing program for mining and
milling involves all Federal facilities in the region, and non-Federal
licensees in the Region IV non-Agreement States and territory of
Alaska, Hawaii, Idaho, Montana, South Dakota, Wyoming and Guam and
Region IV Agreement States of Oregon, California, Nevada, New Mexico,
Louisiana, Mississippi, Arkansas, Oklahoma, Kansas, Nebraska, and North
Dakota. All mailed or hand-delivered inquiries, communications, and
applications for a new license or an amendment, renewal, or termination
request of an existing license specified in paragraph (b)(1) of this
section must use the following address: U.S. Nuclear Regulatory
Commission, Region IV, Division of Nuclear Materials Safety, 612 E.
Lamar Blvd., Suite 400, Arlington, TX 76011-4125; where e-mail is
appropriate it should be addressed to
[email protected].
(B) Otherwise, the regional licensing program involves all Federal
facilities in the region and non-Federal licensees in the following
Region IV non-Agreement States and territory: Alaska, Hawaii, Idaho,
Montana, South Dakota, Wyoming, and Guam. All mailed or hand-delivered
inquiries, communications, and applications for a new license or an
amendment or renewal of an existing license specified in paragraph
(b)(1) of this section must use the following address: U.S. Nuclear
Regulatory Commission, Region IV, Division of Nuclear Materials Safety,
612 E. Lamar Blvd., Suite 400, Arlington, TX 76011-4125; where e-mail
is appropriate it should be addressed to
[email protected]. Outside of this jurisdiction,
concerning the licensing program involving mining and milling, the
Agreement States of Colorado, Utah, Texas and Washington should be
contacted.
0
33. Revise Sec. 70.33 to read as follows:
Sec. 70.33 Applications for renewal of licenses.
Applications for renewal of a license should be filed in accordance
with Sec. Sec. 70.21 and 70.22. Information contained in previous
applications, statements or reports filed with the Commission under the
license may be incorporated by reference, provided that such references
are clear and specific.
0
34. In Appendix A to part 70, revise the introductory text to read as
follows:
[[Page 73945]]
Appendix A to Part 70--Reportable Safety Events
Licensees must comply with reporting requirements in this
appendix. As required by 10 CFR 70.74, licensees subject to the
requirements in subpart H of part 70, shall report:
* * * * *
PART 71--PACKING AND TRANSPORTATION OF RADIOACTIVE MATERIAL
0
35. The authority citation for part 71 continues to read as follows:
Authority: Secs. 53, 57, 62, 63, 81, 161, 182, 183, 68 Stat.
930, 932, 933, 935, 948, 953, 954, as amended, sec. 1701, 106 Stat.
2951, 2952, 2953 (42 U.S.C. 2073, 2077, 2092, 2093, 2111, 2201,
2232, 2233, 2297f); secs. 201, as amended, 202, 206, 88 Stat. 1242,
as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); sec. 1704, 112
Stat. 2750 (44 U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L.
No. 109-58, 119 Stat. 594 (2005). Section 71.97 also issued under
sec. 301, Pub. L. 96-295, 94 Stat. 789-790.
Sec. 71.1 [Amended]
0
36. In Sec. 71.1, the first sentence of paragraph (a), remove the
words ``Spent Fuel Project Office'' and add in their place the words
``Division of Spent Fuel Storage and Transportation''.
Sec. 71.6 [Amended]
0
37. In Sec. 71.6, paragraph (b), remove the reference ``71.20,''.
Sec. 71.17 [Amended]
0
38. In Sec. 71.17, paragraph (c)(3), remove the words ``Spent Fuel
Project Office'' and add in their place the words ``Division of Spent
Fuel Storage and Transportation''.
Sec. 71.95 [Amended]
0
39. In Sec. 71.95, the fourth sentence of the introductory text of
paragraph (c), remove the words ``Spent Fuel Project Office'' and add
in their place the words ``Division of Spent Fuel Storage and
Transportation''.
Sec. 71.97 [Amended]
0
40. In Sec. 71.97, paragraph (c)(3)(iii), remove the words ``Office of
State Programs'' and add in their place the words ``Office of Federal
and State Materials and Environmental Management Programs''.
Sec. 71.101 [Amended]
0
41. In Sec. 71.101, the second sentence of paragraph (c)(1), remove
the words ``Spent Fuel Project Office'' and add in their place the
words ``Division of Spent Fuel Storage and Transportation''.
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE
0
42. The authority citation for part 72 continues to read as follows:
Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183,
184, 186, 187, 189, 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.
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233,
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat.
688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846);
Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-
486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L.
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135,
137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148,
Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153,
10155, 10157, 10161, 10168); sec. 1704, 112 Stat. 2750 (44 U.S.C.
3504 note); sec. 651(e), Pub. L. No. 109-58, 119 Stat. 806-810 (42
U.S.C. 2014, 2021, 2021b, 2111).
Section 72.44(g) also issued under secs. 142(b) and 148(c), (d),
Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b),
10168(c), (d)). Section 72.46 also issued under sec. 189, 68 Stat.
955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42
U.S.C. 10154).
Section 72.96(d) also issued under sec. 145(g), Pub. L. 100-203,
101 Stat. 1330-235 (42 U.S.C. 10165(g)).
Subpart J also issued under secs. 2(2), 2(15), 2(19), 117(a),
141(h), Pub. L. 97-425, 96 Stat. 2202, 2203, 2204, 2222, 2224 (42
U.S.C. 10101, 10137(a), 10161(h)).
Subparts K and L are also issued under sec. 133, 98 Stat. 2230
(42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 (42 U.S.C. 10198).
Sec. 72.4 [Amended]
0
43. In Sec. 72.4, the first sentence, remove the words ``Spent Fuel
Project Office'' and add in their place the words ``Division of Spent
Fuel Storage and Transportation''.
Sec. 72.16 [Amended]
0
44. In Sec. 72.16, paragraph (a), remove the words ``Spent Fuel
Project Office'' and add in their place the words ``Division of Spent
Fuel Storage and Transportation''.
Sec. 72.44 [Amended]
0
45. In Sec. 72.44, the third sentence of paragraph (f), remove the
words ``Spent Fuel Project Office'' and add in their place the words
``Division of Spent Fuel Storage and Transportation''.
Sec. 72.186 [Amended]
0
46. In Sec. 72.186, the second sentence of paragraph (b), remove the
words ``Spent Fuel Project Office'' and add in their place the words
``Division of Spent Fuel Storage and Transportation''.
PART 95--FACILITY SECURITY CLEARANCE AND SAFEGUARDING OF NATIONAL
SECURITY INFORMATION AND RESTRICTED DATA
0
47. Revise the authority citation for part 95 to read as follows:
Authority: Secs. 145, 161, 193, 68 Stat. 942, 948, as amended
(42 U.S.C. 2165, 2201); sec. 201, 88 Stat. 1242, as amended (42
U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); E.O.
10865, as amended, 3 CFR 1959-1963 Comp., p. 398 (50 U.S.C. 401,
note); E.O. 12829, 3 CFR, 1993 Comp., p. 570; E.O. 13526, as
amended, 3 CFR, 1995 Comp., p. 333, as amended by E.O. 13292, 3 CFR,
2004 Comp., p. 196; E.O. 12968, 3 CFR, 1995 Comp., p. 391.
0
48. In Sec. 95.5, revise the definitions of Classified National
Security Information and Infraction to read as follows:
Sec. 95.5 Definitions.
* * * * *
Classified National Security Information means information that has
been determined under E.O. 13526, as amended, or any predecessor or
successor order to require protection against unauthorized disclosure
and that is so designated.
* * * * *
Infraction means any knowing, willful, or negligent action contrary
to the requirements of E.O. 13526, as amended, or any predecessor or
successor order, or its implementing directives that does not comprise
a ``violation,'' as defined in this section.
* * * * *
0
49. Revise Sec. 95.59 to read as follows:
Sec. 95.59 Inspections.
The Commission shall make inspections and reviews of the premises,
activities, records and procedures of any licensee, certificate holder,
or other person subject to the regulations in this part as the
Commission and CSA deem necessary to effect the purposes of the Act,
E.O. 13526, as amended, or any predecessor or successor order, and/or
NRC rules.
PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL
0
50. The authority citation for part 110 continues to read as follows:
[[Page 73946]]
Authority: Secs. 51, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104,
109, 111, 126, 127, 128, 129, 134, 161, 170H., 181, 182, 187, 189,
68 Stat. 929, 930, 931, 932, 933, 936, 937, 948, 953, 954, 955, 956,
as amended (42 U.S.C. 2071, 2073, 2074, 2077, 2092-2095, 2111, 2112,
2133, 2134, 2139, 2139a, 2141, 2154-2158, 2160d., 2201, 2210h.,
2231-2233, 2237, 2239); sec. 201, 88 Stat. 1242, as amended (42
U.S.C. 5841; sec. 5, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C.
2243); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); Energy
Policy Act of 2005; Pub. L. 109-58, 119 Stat. 594 (2005).
Sections 110.1(b)(2) and 110.1(b)(3) also issued under Pub. L.
96-92, 93 Stat. 710 (22 U.S.C. 2403). Section 110.11 also issued
under sec. 122, 68 Stat. 939 (42 U.S.C. 2152) and secs. 54c and 57d,
88 Stat. 473, 475 (42 U.S.C. 2074). Section 110.27 also issued under
sec. 309(a), Pub. L. 99-440. Section 110.50(b)(3) also issued under
sec. 123, 92 Stat. 142(42 U.S.C. 2153). Section 110.51 also issued
under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section
110.52 also issued under sec. 186, 68 Stat. 955 (42 U.S.C. 2236).
Sections 110.80-110.113 also issued under 5 U.S.C. 552, 554.
Sections 110.130-110.135 also issued under 5 U.S.C. 553. Sections
110.2 and 110.42(a)(9) also issued under sec. 903, Pub. L. 102-496
(42 U.S.C. 2151 et seq.).
0
51. In Sec. 110.2, revise the definition of Classified Information to
read as follows:
Sec. 110.2 Definitions.
* * * * *
Classified Information means Classified National Security
Information under Executive Order 13526, as amended, or any predecessor
or successor Executive Order and Restricted Data under the Atomic
Energy Act.
* * * * *
PART 150--EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN
AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274
0
52. The authority citation for part 150 continues to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended, sec. 274, 73
Stat. 688 (42 U.S.C. 2201, 2021); sec. 201, 88 Stat. 1242, as
amended (42 U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504
note); Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 594
(2005). Sections 150.3, 150.15, 150.15a, 150.31, 150.32 also issued
under secs. 11e(2), 81, 68 Stat. 923, 935, as amended, secs. 83, 84,
92 Stat. 3033, 3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114). Section
150.14 also issued under sec. 53, 68 Stat. 930, as amended (42
U.S.C. 2073).
Section 150.15 also issued under secs. 135, 141, Pub. L. 97-425,
96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 150.17a also
issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section 150.30
also issued under sec. 234, 83 Stat. 444 (42 U.S.C. 2282).
Sec. 150.10 [Amended]
0
53. In Sec. 150.10, the first sentence, remove the reference
``150.18,''.
Sec. 150.17 [Amended]
0
54. In Sec. 150.17, the last sentence of paragraph (b)(1), remove the
reference ``NUREG/BR-007'' and add in its place the reference ``NUREG/
BR-0007''.
Dated at Rockville, Maryland, this 19th day of November 2010.
For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Rules, Announcements, and Directives Branch, Division of
Administrative Services, Office of Administration.
[FR Doc. 2010-29735 Filed 11-29-10; 8:45 am]
BILLING CODE 7590-01-P