[Federal Register Volume 76, Number 244 (Tuesday, December 20, 2011)]
[Rules and Regulations]
[Page 78805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32471]



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  Federal Register / Vol. 76, No. 244 / Tuesday, December 20, 2011 / 
Rules and Regulations  

[[Page 78805]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 40

[NRC-2011-0072]
RIN 3150-AI95


Regulatory Changes To Implement the United States/Australian 
Agreement for Peaceful Nuclear Cooperation; Corrections

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule; correcting amendments.

-----------------------------------------------------------------------

SUMMARY: On November 8, 2011, the U.S. Nuclear Regulatory Commission 
(NRC or the Commission) published in the Federal Register a final rule 
(76 FR 69120) that amended the NRC's regulations to implement the 2010 
``Agreement between the Government of Australia and the Government of 
the United States of America Concerning Peaceful Uses of Nuclear 
Energy.'' The present NRC action is necessary to relocate a new section 
added by the final rule, and to make a related conforming change to the 
final rule.

DATES: This correction is effective December 20, 2011, and is 
applicable to November 8, 2011, the date the original rule became 
effective.

FOR FURTHER INFORMATION CONTACT: Cindy Bladey, Chief, Rules, 
Announcements, and Directives Branch, Office of Administration, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 
(301) 492-3667; email: [email protected].

SUPPLEMENTARY INFORMATION: This action corrects the final rule 
published on November 8, 2011 (76 FR 69120). Specifically, the new 
section in Title 10 of the Code of Federal Regulations (10 CFR) Part 40 
is added as Sec.  40.56 rather than Sec.  40.52. This change is 
necessary because 10 CFR 40.52 through 40.55 were proposed to be added 
by a previous NRC rulemaking (75 FR 43425; July 26, 2010) that the NRC 
now intends to publish as a final rule. A conforming change is being 
made to the revised 10 CFR 40.13(c)(5)(v) provision, so that it will 
contain the proper cross-reference to Sec.  40.56. These amendments are 
administrative in that they make no substantive changes to 
requirements, and the NRC accordingly finds that notice and opportunity 
for public comment on this corrective action is unnecessary.

List of Subjects in 10 CFR Part 40

    Criminal penalties, Government contracts, Hazardous materials 
transportation, Nuclear materials, Reporting and recordkeeping 
requirements, Source material, Uranium.

    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; 5 U.S.C. 552 and 553; and the Energy Policy 
Act of 2005; Public Law 109-58, 119 Stat. 594 (2005); the NRC is 
adopting the following amendments to 10 CFR part 40.

PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL

0
1. 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 (2205).

    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. 3122 (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).


Sec.  40.13  [Amended]

0
2. In Sec.  40.13, paragraph (c)(5)(v) is amended by removing the 
reference ``Sec.  40.52'' and adding in its place the reference ``Sec.  
40.56''.


Sec.  40.52  [Redesignated as Sec.  40.56]

0
3. Redesignate Sec.  40.52 as Sec.  40.56.


Sec. Sec.  40.52 through 40.55  [Added and Reserved]

0
4. Add and reserve Sec. Sec.  40.52 through 40.55.

    Dated at Rockville, Maryland, this 14th day of December 2011.

    For the Nuclear Regulatory Commission.
Leslie Terry,
Acting Chief, Rules, Announcements, and Directives Branch, Division of 
Administrative Services, Office of Administration.
[FR Doc. 2011-32471 Filed 12-19-11; 8:45 am]
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