[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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  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