[Federal Register Volume 79, Number 244 (Friday, December 19, 2014)]
[Rules and Regulations]
[Pages 75735-75742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29664]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
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Federal Register / Vol. 79, No. 244 / Friday, December 19, 2014 /
Rules and Regulations
[[Page 75735]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 1, 2, 30, 31, 32, 34, 35, 37, 40, 51, 61, 62, 70, 71,
72, 73, 74, 75, 140, and 150
[NRC-2014-0220]
RIN 3150-AJ46
Organizational Changes and Conforming Amendments
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
regulations to reflect internal organizational changes and conforming
amendments. These changes include adding the address for a new NRC
building at headquarters, removing references to several committees
that no longer exist, adding the Computer Security Office, removing all
references to the Office of Federal and State Materials and
Environmental Management Programs because that office has merged with
the Office of Nuclear Material Safety and Safeguards, and making
conforming amendments throughout the regulations to reflect this office
merger.
DATES: This final rule is effective on December 19, 2014.
ADDRESSES: Please refer to Docket ID NRC-2014-0220 when contacting the
NRC about the availability of information for this action. You may
obtain publicly-available information related to this action by any of
the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0220. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to [email protected]. The
ADAMS accession number for each document referenced (if it is available
in ADAMS) is provided the first time that it is mentioned in the
SUPPLEMENTARY INFORMATION section.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Jill Shepherd-Vladimir, Office of
Administration, telephone: 301-287-0950; email: [email protected];
U.S. Nuclear Regulatory Commission, Washington DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is amending its regulations in parts 1, 2, 30, 31, 32, 34,
35, 37, 40, 51, 61, 62, 70, 71, 72, 73, 74, 75, 140, and 150 of Title
10 of the Code of Federal Regulations (10 CFR) to make administrative
changes. These changes include adding the address for a new NRC
building at headquarters, removing references to several committees
that no longer exist, adding the Computer Security Office, removing all
references to the Office of Federal and State Materials and
Environmental Management Programs because that office has merged with
the Office of Nuclear Material Safety and Safeguards, and making
conforming amendments throughout the regulations to reflect this office
merger.
II. Summary of Changes
10 CFR Part 1 Changes
1. Reference to the NRC Functional Organization Charts, NUREG-0325,
in Sec. 1.3 is removed, because it is no longer published or updated.
2. The locations of principal NRC offices are updated to include
the address of the Three White Flint North Building and to remove the
addresses for two locations (Executive Boulevard and Gateway buildings)
that are no longer occupied by the NRC.
3. The Panels, Boards, and Committees section is updated to remove
the reference to the Advisory Committee on Nuclear Waste, the Advisory
Committee for the Decontamination of Three Mile Island, Unit 2, and The
Nuclear Safety Research Review Committee, that no longer exist.
4. The Office of Federal and State Materials and Environmental
Management Programs is removed from Sec. 1.32.
5. The Computer Security Office is added to the list of NRC
offices.
6. The office description in Sec. 1.41, Office of Federal and
State Materials and Environmental Management Programs is removed, and
the office description in Sec. 1.42, Office of Nuclear Material Safety
and Safeguards is revised to reflect new office responsibilities
resulting from the merger with the Office of Federal and State
Materials and Environmental Management Programs.
10 CFR Parts 2, 30, 31, 32, 34, 35, 37, 40, 51, 61, 62, 70, 71, 72, 73,
140, and 150
All references to the Office of Federal and State Materials and
Environmental Management Programs are removed or removed and replaced
by the Office of Nuclear Material Safety and Safeguards. Additional
editorial changes, where necessary, have been made as the result of
removing the references.
10 CFR Parts 37, 71, and 73
All references to the Division of Intergovernmental Liaison and
Rulemaking are removed and replaced with the Division of Material
Safety, State, Tribal, and Rulemaking Programs.
10 CFR Parts 40, 72, 73, 74, 75, and 150
All references to the Division of Fuel Cycle Safety and Safeguards
are removed and replaced with the Division of Fuel Cycle Safety,
Safeguards, and Environmental Review.
10 CFR Parts 71 and 72
All references to the Division of Spent Fuel Storage and
Transportation are
[[Page 75736]]
removed and replaced with the Division of Spent Fuel Management.
III. Rulemaking Procedure
Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency
may waive the normal notice and comment requirements if it finds, for
good cause, that they are impracticable, unnecessary, or contrary to
the public interest. As authorized by 5 U.S.C. 553(b)(3)(B), the NRC
finds good cause to waive notice and opportunity for comment on the
amendments, because notice and opportunity for comment are unnecessary.
The amendments will have no substantive impact and are of a minor and
administrative nature dealing with corrections to certain CFR parts
related only to management, organization, procedure, and practice.
Specifically, the revisions are of the following types: Adding the
address for a new building at NRC headquarters, removing references to
three committees that no longer exist, adding the Computer Security
Office to the list of offices, removing all references to the Office of
Federal and State Materials and Environmental Management Programs
because that office has now merged with another NRC office, and making
conforming amendments reflecting the office merger. 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. Furthermore, for the reasons
previously stated, the NRC finds, pursuant to 5 U.S.C. 553(d)(3), that
good cause exists to make this rule effective upon publication.
IV. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31883).
V. Environmental Impact: Categorical Exclusion
The NRC has determined that this final rule is the type of action
described in 10 CFR 51.22(c)(2), that excludes from a major action
rules that are corrective, minor, or nonpolicy in nature and do not
substantially modify existing regulations. Therefore, neither an
environmental impact statement nor an environmental assessment has been
prepared for this final rule.
VI. 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.
VII. Backfitting and Issue Finality
The NRC has determined that the amendments in this final rule do
not constitute backfitting and are not inconsistent with any of the
issue finality provisions in 10 CFR part 52. The revisions are non-
substantive in nature and do not impose any new requirements and make
no substantive changes to the regulations. The amendments do not
involve any provisions that would impose backfits as defined in 10 CFR
chapter I, or would be inconsistent with the issue finality provisions
in 10 CFR part 52. For these reasons, the issuance of the rule in final
form would not constitute backfitting or represent an inconsistency
with any of the issue finality provisions in 10 CFR part 52. Therefore,
the NRC has not prepared any additional documentation for this
rulemaking addressing backfitting or issue finality.
VIII. Congressional Review Act
In accordance with the Congressional Review Act of 1996 (5 U.S.C.
801-808), 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 the Office of Management and Budget.
List of Subjects
10 CFR Part 1
Organization and functions (Government agencies).
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 30
Byproduct material, Criminal penalties, Government contracts,
Intergovernmental relations, Isotopes, Nuclear materials, Radiation
protection, Reporting and recordkeeping requirements.
10 CFR Part 31
Byproduct material, Criminal penalties, Labeling, Nuclear
materials, Packaging and containers, Radiation protection, Reporting
and recordkeeping requirements, Scientific equipment.
10 CFR Part 32
Byproduct material, Criminal penalties, Labeling, 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 35
Byproduct material, Criminal penalties, Drugs, Health facilities,
Health professions, Medical devices, Nuclear materials, Occupational
safety and health, Radiation protection, Reporting and recordkeeping
requirements.
10 CFR Part 37
Byproduct material, Criminal penalties, Export, Hazardous materials
transportation, Import, Licensed material, Nuclear materials, Reporting
and recordkeeping requirements, 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 51
Administrative practice and procedure, Environmental impact
statement, Nuclear materials, Nuclear power plants and reactors,
Reporting and recordkeeping requirements.
10 CFR Part 61
Criminal penalties, Low-level waste, Nuclear materials, Reporting
and recordkeeping requirements, Waste treatment and disposal.
10 CFR Part 62
Administrative practice and procedure, Denial of access, Emergency
access to low-level waste disposal, Low-level radioactive waste, Low-
level radioactive waste treatment and disposal, Low-level waste policy
[[Page 75737]]
amendments act of 1985, Nuclear materials, 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 73
Criminal penalties, Export, Hazardous materials transportation,
Import, Nuclear materials, Nuclear power plants and reactors, Reporting
and recordkeeping requirements, Security measures.
10 CFR Part 74
Accounting, Criminal penalties, Hazardous materials transportation,
Material control and accounting, Nuclear materials, Packaging and
containers, Radiation protection, Reporting and recordkeeping
requirements, Scientific equipment, Special nuclear material.
10 CFR Part 75
Criminal penalties, Intergovernmental relations, Nuclear materials,
Nuclear power plants and reactors, Reporting and recordkeeping
requirements, Security measures.
10 CFR Part 140
Criminal penalties, Extraordinary nuclear occurrence, Insurance,
Intergovernmental relations, Nuclear materials, Nuclear power plants
and reactors, Reporting and recordkeeping requirements.
10 CFR Part 150
Criminal penalties, Hazardous materials transportation,
Intergovernmental relations, Nuclear materials, Reporting and
recordkeeping requirements, Security measures, Source material, Special
nuclear material.
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 chapter I.
PART 1--STATEMENT OF ORGANIZATION AND GENERAL INFORMATION
0
1. The authority citation for part 1 continues to read as follows:
Authority: Atomic Energy Act secs. 23, 29, 161, 191 (42 U.S.C.
2033, 2039, 2201, 2241); Energy Reorganization Act secs. 201, 203,
204, 205, 209 (42 U.S.C. 5841, 5843, 5844, 5845, 5849); 5 U.S.C.
552, 553; Reorganization Plan No. 1 of 1980, 45 FR 40561, June 16,
1980.
0
2. In Sec. 1.3, revise paragraph (a) to read as follows:
Sec. 1.3 Sources of additional information.
(a) A statement of the NRC's organization, policies, procedures,
assignments of responsibility, and delegations of authority is in the
Nuclear Regulatory Commission Management Directives System and other
NRC issuances, including local directives issued by Regional Offices.
Letters and memoranda containing directives, delegations of authority
and the like are also issued from time to time and may not yet be
incorporated into the Management Directives System, parts of which are
revised as necessary. Copies of the Management Directives System and
other delegations of authority are available for public inspection and
copying for a fee at the NRC Public Document Room, One White Flint
North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852-
2738, and at each of NRC's Regional Offices. Information may also be
obtained from the Office of Public Affairs or from Public Affairs
Officers at the Regional Offices.
* * * * *
0
3. In Sec. 1.5, revise paragraph (a)(3) and remove paragraph (a)(4) to
read as follows:
Sec. 1.5 Location of principal offices and regional offices.
* * * * *
(a) * * *
(3) Three White Flint North Building, 11601 Landsdown Street, North
Bethesda, Maryland 20852.
* * * * *
Sec. 1.18 [Removed and Reserved]
0
4. Remove and reserve Sec. 1.18.
Sec. 1.19 [Amended]
0
5. In Sec. 1.19, remove paragraphs (b) and (c) and redesignate
paragraph (d) as paragraph (b).
Sec. 1.32 [Amended]
0
6. In Sec. 1.32, paragraph (b), first sentence, remove the phrase
``the Office of Federal and State Materials and Environmental
Management Systems''.
0
7. Add Sec. 1.38 to read as follows:
Sec. 1.38 Computer Security Office.
The Computer Security Office--
(a) Plans, recommends, and oversees the NRC's Information
Technology (IT) Security Program consistent with applicable laws,
regulations, management initiatives, and policies;
(b) Provides principal advice to the NRC on the infrastructure, as
well as the programmatic and administrative aspects of cybersecurity;
(c) Establishes NRC-wide cybersecurity guidelines;
(d) Guides security process maturity, as well as formulating and
overseeing the cybersecurity program budget; and
(e) Ensures NRC-wide integration, direction and coordination of IT
security planning and performance within the framework of the NRC IT
Security Program and with related Office of Information Services
activities.
Sec. 1.41 [Removed and Reserved]
0
8. Remove and reserve Sec. 1.41.
0
9. Revise Sec. 1.42 to read as follows:
Sec. 1.42 Office of Nuclear Material Safety and Safeguards.
(a) The Office of Nuclear Material Safety and Safeguards (NMSS) is
responsible for regulating activities that provide for the safe and
secure production of nuclear fuel used in commercial nuclear reactors;
the safe storage, transportation, and disposal of low-level and high-
level radioactive waste and spent nuclear fuel; the transportation of
radioactive materials regulated under the Atomic Energy Act of 1954, as
amended (the Act); and all other medical, industrial, academic, and
commercial uses of radioactive isotopes. The NMSS ensures safety and
security by implementing a regulatory program involving activities
including licensing, inspection, assessment of environmental impacts
for all nuclear material facilities and activities, assessment of
licensee performance, events analysis, enforcement, and identification
and resolution of generic issues. The NMSS is also responsible for
developing all
[[Page 75738]]
new regulations and amending existing regulations for all nuclear
material facilities and activities regulated by NMSS.
(b) The Office of Nuclear Material Safety and Safeguards--
(1) Develops and implements NRC policy for the regulation of:
Uranium recovery, conversion, and enrichment; fuel fabrication and
development; transportation of nuclear materials, including
certification of transport containers and reactor spent fuel storage;
safe management and disposal of spent fuel and low-level and high-level
radioactive waste; and medical, industrial, academic, and commercial
uses of radioactive isotopes;
(2) Has lead responsibility within NRC for domestic and
international safeguards policy and regulation for fuel cycle
facilities, including material control and accountability;
(3) Plans and directs NRC's program of cooperation and liaison with
States, local governments, interstate and Indian tribe organizations;
and coordinates liaison with other Federal agencies;
(4) Participates in formulation of policies involving NRC/State
cooperation and liaison;
(5) Develops and directs administrative and contractual programs
for coordinating and integrating Federal and State regulatory
activities;
(6) Maintains liaison between NRC and State, interstate, regional,
Tribal, and quasi-governmental organizations on regulatory matters;
(7) Promotes NRC visibility and performs general liaison with other
Federal agencies, and keeps NRC management informed of significant
developments at other Federal agencies that affect the NRC;
(8) Monitors nuclear-related State legislative activities;
(9) Directs regulatory activities of State Liaison and State
Agreement Officers located in Regional Offices;
(10) Participates in policy matters on State Public Utility
Commissions (PUCs);
(11) Administers the State Agreements program in a partnership
arrangement with the States;
(12) Develops staff policy and procedures and implements State
Agreements program under the provisions of Section 274b of the Act;
(13) Provides oversight of the program for reviews of Agreement
State programs to determine their adequacy and compatibility as
required by Section 274j of the Act and other periodic reviews that may
be performed to maintain a current level of knowledge of the status of
the Agreement State programs;
(14) Provides training to the States as provided by Section 274i of
the Act and also to NRC staff and staff of the U.S. Navy and U.S. Air
Force;
(15) Provides technical assistance to Agreement States;
(16) Maintains an exchange of information with the States;
(17) Conducts negotiations with States expressing an interest in
seeking a Section 274b Agreement;
(18) Supports, consistent with Commission directives, State efforts
to improve regulatory control for radiation safety over radioactive
materials not covered by the Act;
(19) Serves as the NRC liaison to the Conference of Radiation
Control Program Directors, Inc. (CRCPD) and coordinates NRC technical
support of CRCPD committees;
(20) Conducts high-level waste pre-licensing activities, consistent
with direction in the Nuclear Waste Policy Act and the Energy Policy
Act, to ensure appropriate standards and regulatory guidance are in
place, and interacts with the applicant;
(21) Is responsible for regulation and licensing of recycling
technologies intended to reduce the amount of waste to be disposed
through geologic disposal and to reduce proliferation concerns since
the technologies do not produce separated plutonium;
(22) Interacts with the Department of Energy and international
experts, in order to develop an appropriate regulatory framework, in
recycling during development, demonstration, and deployment of new
advanced recycling technologies that recycle nuclear fuel in a manner
that does not produce separated plutonium;
(23) Creates and maintains the regulatory infrastructure to support
the agency's role in licensing a reprocessing facility and a related
fuel fabrication facility and vitrification and/or waste storage
facility;
(24) Prepares the NRC to perform its regulatory role for new,
expanded, and modified commercial fuel cycle facilities that may
include recycling, transmutation, and actinide burning. This includes
regulatory processes such as licensing, inspection, assessment of
license performance assessment, events analysis, and enforcement that
will ensure that this technology can be safely and securely implemented
commercially in the United States;
(25) Develops, promulgates, and amends regulations generally
associated with the materials regulated by NMSS and for all security-
related regulations that will be applied to licensees and holders of
certificates of compliance issued by NMSS;
(26) Supports safeguards activities including--
(i) Developing overall agency policy;
(ii) Monitoring and assessing the threat environment, including
liaison with intelligence agencies, as appropriate; and
(iii) Conducting licensing and review activities appropriate to
deter and protect against threats of radiological sabotage and threats
of theft or diversion of nuclear material at regulated facilities and
during transport;
(27) Regulates medical, industrial, academic, and commercial uses
of radioactive isotopes;
(28) Oversees safe management and disposal of low-level radioactive
wastes;
(29) Plans and directs program for financial assurance of NMSS
licensees;
(30) Manages the decommissioning of facilities and sites when their
licensed functions are over; and
(31) Identifies and takes action for activities under its
responsibility, including consulting and coordinating with
international, Federal, State, Tribal and local agencies, as
appropriate.
PART 2--AGENCY RULES OF PRACTICE AND PROCEDURE
0
10. The authority citation for part 2 continues to read as follows:
Authority: Atomic Energy Act secs.161, 181, 191 (42 U.S.C. 2201,
2231, 2241); Energy Reorganization Act sec. 201 (42 U.S.C. 5841);
FOIA 5 U.S.C. 552; Government Paperwork Elimination Act sec. 1704
(44 U.S.C. 3504 note).
Section 2.101 also issued under Atomic Energy Act secs. 53, 62,
63, 81, 103, 104 (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134,
2135); Nuclear Waste Policy Act sec. 114(f) (42 U.S.C. 10143(f));
National Environmental Policy Act sec. 102 (42 U.S.C. 4332); Energy
Reorganization Act sec. 301 (42 U.S.C. 5871).
Sections 2.102, 2.103, 2.104, 2.105, 2.321 also issued under
Atomic Energy Act secs. 102, 103, 104, 183i, 189 (42 U.S.C. 2132,
2133, 2134, 2233, 2239). Sections 2.200-2.206 also issued under
Atomic Energy Act secs. 161, 186, 234 (42 U.S.C. 2201(b),(i),(o),
2236, 2282); sec. 206 (42 U.S.C. 5846). Section 2.205(j) also issued
under Pub. L. 101-410, as amended by section 3100(s), Pub. L. 104-
134 (28 U.S.C. 2461 note). Subpart C also issued under Atomic Energy
Act sec. 189 (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 Nuclear Waste Policy Act secs.
135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155,
10161). Section 2.390 also issued under 5 U.S.C. 552. Sections
2.600-2.606 also issued under sec. 102 (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; Atomic Energy Act sec. 29 (42 U.S.C.
2039). Subpart K also issued under Atomic Energy Act sec. 189 (42
U.S.C. 2239); Nuclear
[[Page 75739]]
Waste Policy Act sec. 134 (42 U.S.C. 10154). Subpart L also issued
under Atomic Energy Act sec. 189 (42 U.S.C. 2239). Subpart M also
issued under Atomic Energy Act sec. 184, 189 (42 U.S.C. 2234, 2239).
Subpart N also issued under Atomic Energy Act sec. 189 (42 U.S.C.
2239).
0
11. In part 2:
0
a. Wherever it may occur, remove the phrase ``Director, Office of
Federal and State Materials and Environmental Management Programs,'';
0
b. Wherever it may occur, remove the phrase ``The Director, Office of
Federal and State Materials and Environmental Management Programs,'';
0
c. Wherever it may occur, remove the phrase ``or the Director, Office
of Federal and State Materials and Environmental Management
Programs,'';
0
d. Wherever it may occur, remove the phrase ``or the Director, Office
of Federal and State Materials and Environmental Management Programs,
as appropriate,'';
0
e. Wherever it may occur, remove the phrase ``or Director, Office of
Federal and State Materials and Environmental Management Programs,'';
and
0
f. Wherever it may occur, remove the phrase ``or Director, Office of
Federal and State Materials and Environmental Management Programs, as
appropriate,''.
Sec. 2.101 [Amended]
0
12. In Sec. 2.101, in paragraph (a)(1), add the word ``or'' after the
phrase ``Office of Nuclear Reactor Regulation,''.
Sec. 2.103 [Amended]
0
13. In Sec. 2.103, paragraph (a), in the second sentence, add the word
``or'' after the phrase ``Office of New Reactors,''.
Sec. 2.106 [Amended]
0
14. In Sec. 2.106, paragraph (d), remove the phrase ``Office of
Federal and State Materials and Environmental Management Programs'' and
add in its place the phrase ``Office of Nuclear Material Safety and
Safeguards''.
Sec. 2.340 [Amended]
0
15. In Sec. 2.340, in paragraphs (e)(2) and (k), remove the comma
after the phrase ``the Commission'' and add the word ``or'' after the
phrase ``the Commission''.
PART 30--RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF
BYPRODUCT MATERIAL
0
16. The authority citation for part 30 continues to read as follows:
Authority: Atomic Energy Act secs. 81, 82, 161, 181, 182, 183,
186, 223, 234 (42 U.S.C. 2111, 2112, 2201, 2231, 2232, 2233, 2236,
2273, 2282); Energy Reorganization Act secs. 201, 202, 206 (42
U.S.C. 5841, 5842, 5846); Government Paperwork Elimination Act sec.
1704 (44 U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. 109-
58, 119 Stat. 549 (2005).
Section 30.7 also issued under Energy Reorganization Act sec.
211, Pub. L. 95-601, sec. 10, as amended by Pub. L. 102-486, sec.
2902 (42 U.S.C. 5851). Section 30.34(b) also issued under Atomic
Energy Act sec. 184 (42 U.S.C. 2234). Section 30.61 also issued
under Atomic Energy Act sec. 187 (42 U.S.C. 2237).
0
17. In part 30, wherever it may occur, remove the phrase ``Office of
Federal and State Materials and Environmental Management Programs'' and
add in its place the phrase ``Office of Nuclear Material Safety and
Safeguards''.
PART 31--GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL
0
18. The authority citation for part 31 continues to read as follows:
Authority: Atomic Energy Act secs. 81, 161, 183, 223, 234 (42
U.S.C. 2111, 2201, 2233, 2273, 2282); Energy Reorganization Act
secs. 201, 202 (42 U.S.C. 5841, 5842); Government Paperwork
Elimination Act sec. 1704 (44 U.S.C. 3504 note); Energy Policy Act
of 2005, sec. 651(e), Pub. L. 109-58, 119 Stat. 806-810 (42 U.S.C.
2014, 2021, 2021b, 2111).
0
19. In part 31, wherever it may occur, remove the phrase ``Office of
Federal and State Materials and Environmental Management Programs'' and
add in its place the phrase ``Office of Nuclear Material Safety and
Safeguards''.
PART 32--SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER
CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL
0
20. The authority citation for part 32 continues to read as follows:
Authority: Atomic Energy Act secs. 81, 161, 181, 182, 183, 223,
234 (42 U.S.C. 2111, 2201, 2231, 2232, 2233, 2273, 2282); Energy
Reorganization Act sec. 201 (42 U.S.C. 5841); Government Paperwork
Elimination Act sec. 1704 (44 U.S.C. 3504 note); Energy Policy Act
of 2005, sec. 651(e), Pub. L. 109-58, 119 Stat. 806-810 (42 U.S.C.
2014, 2021, 2021b, 2111).
0
21. In part 32, wherever it may occur, remove the phrase ``Office of
Federal and State Materials and Environmental Management Programs'' and
add in its place the phrase ``Office of Nuclear Material Safety and
Safeguards''.
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: Atomic Energy Act secs. 81, 161, 181, 182, 183, 223,
234 (42 U.S.C. 2111, 2201, 2231, 2232, 2233, 2273, 2282); Energy
Reorganization Act sec. 201 (42 U.S.C. 5841); Government Paperwork
Elimination Act sec. 1704, (44 U.S.C. 3504 note). Atomic Energy Act
of 2005 sec. 651(e), Pub. L. 109-58, 119 Stat. 806-810 (42 U.S.C.
2014, 2021, 2021b, 2111).
Section 34.45 also issued under Energy Reorganization Act sec.
206 (42 U.S.C. 5846).
0
23. In part 34, wherever it may occur, remove the phrase ``Office of
Federal and State Materials and Environmental Management Programs'' and
add in its place the phrase ``Office of Nuclear Material Safety and
Safeguards''.
PART 35--MEDICAL USE OF BYPRODUCT MATERIAL
0
24. The authority citation for part 35 continues to read as follows:
Authority: Atomic Energy Act secs. 81, 161, 181, 182, 183, 223,
234 (42 U.S.C. 2111, 2201, 2231, 2232, 2233, 2273, 2282); Energy
Reorganization Act sec. 201, 206 (42 U.S.C. 5841, 5842, 5846); sec.
1704 (44 U.S.C. 3504 note); Energy Policy Act of 2005, sec. 651(e),
Pub. L. 109-58, 119 Stat. 806-810 (42 U.S.C. 2014, 2021, 2021b,
2111).
0
25. In part 35, wherever it may occur, remove the phrase ``Office of
Federal and State Materials and Environmental Management Programs'' and
add in its place the phrase ``Office of Nuclear Material Safety and
Safeguards''.
PART 37--PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2
QUANTITIES OF RADIOACTIVE MATERIAL
0
26. The authority citation for part 37 continues to read as follows:
Authority: Atomic Energy Act secs. 53, 81, 103, 104, 147, 148,
149, 161, 182, 183, 223, 234 (42 U.S.C. 2073, 2111, 2133, 2134,
2167, 2168, 2169, 2201a., 2232, 2233, 2273, 2282).
0
27. In part 37, wherever it may occur, the term or phrase in the left
column in the following table is removed and the term or phrase in the
right column is added in its place.
[[Page 75740]]
------------------------------------------------------------------------
Remove Add
------------------------------------------------------------------------
Division of Intergovernmental Liaison Division of Material Safety,
and Rulemaking. State, Tribal, and Rulemaking
Programs.
Office of Federal and State Materials Office of Nuclear Material
and Environmental Management Programs. Safety and Safeguards.
------------------------------------------------------------------------
Sec. 37.7 [Amended]
0
28. In Sec. 37.7, remove the phrase ``Director, Office of Federal and
State Materials and Environmental Management Programs;''.
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL
0
29. The authority citation for part 40 continues to read as follows:
Authority: Atomic Energy Act secs. 11(e)(2), 62, 63, 64, 65, 81,
161, 181, 182, 183, 186, 193, 223, 234, 274, 275 (42 U.S.C.
2014(e)(2), 2092, 2093, 2094, 2095, 2111, 2113, 2114, 2201, 2231,
2232, 2233, 2236, 2243, 2273, 2282, 2021, 2022); Energy
Reorganization Act secs. 201, 202, 206 (42 U.S.C. 5841, 5842, 5846);
Government Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504
note); Energy Policy Act of 2005, Pub. L. 109-59, 119 Stat. 594
(2005).
Section 40.7 also issued under Energy Reorganization Act sec.
211, Pub. L. 95-601, sec. 10, as amended by Pub. L. 102-486, sec.
2902 (42 U.S.C. 5851). Section 40.31(g) also issued under Atomic
Energy Act sec. 122 (42 U.S.C. 2152). Section 40.46 also issued
under Atomic Energy Act sec. 184 (42 U.S.C. 2234). Section 40.71
also issued under Atomic Energy Act sec. 187 (42 U.S.C. 2237).
0
30. In part 40, wherever it may occur, the term or phrase in the left
column in the following table is removed and the term or phrase in the
right column is added in its place.
------------------------------------------------------------------------
Remove Add
------------------------------------------------------------------------
Office of Federal and State Materials Office of Nuclear Material
and Environmental Management Programs. Safety and Safeguards.
Division of Fuel Cycle Safety and Division of Fuel Cycle Safety,
Safeguards. Safeguards, and Environmental
Review.
------------------------------------------------------------------------
PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC
LICENSING AND RELATED REGULATORY FUNCTIONS
0
31. The authority citation for part 51 continues to read as follows:
Authority: Atomic Energy Act sec. 161, 1701 (42 U.S.C. 2201,
2297f); Energy Reorganization Act secs. 201, 202, 211 (42 U.S.C.
5841, 5842, 5851); Government Paperwork Elimination Act sec. 1704
(44 U.S.C. 3504 note). Subpart A also issued under National
Environmental Policy Act secs. 102, 104, 105 (42 U.S.C. 4332, 4334,
4335); Pub. L. 95-604, Title II, 92 Stat. 3033-3041; Atomic Energy
Act sec. 193 (42 U.S.C. 2243).
Sections 51.20, 51.30, 51.60, 51.80. and 51.97 also issued under
Nuclear Waste Policy Act secs. 135, 141, 148 (42 U.S.C. 10155,
10161, 10168).
Section 51.22 also issued under Atomic Energy Act sec. 274 (42
U.S.C. 2021) and under Nuclear Waste Policy Act sec. 121 (42 U.S.C.
10141).
Sections 51.43, 51.67, and 51.109 also issued under Nuclear
Waste Policy Act sec. 114(f) (42 U.S.C. 10134(f)).
0
32. In part 51, wherever it may occur, remove the phrase ``Director,
Office of Federal and State Materials and Environmental management
Programs''.
PART 61--LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE
WASTE
0
33. The authority citation for part 61 continues to read as follows:
Authority: Atomic Energy Act secs. 53, 57, 62, 63, 65, 81, 161,
181, 182, 183, 223, 234 (42 U.S.C. 2073, 2077, 2092, 2093, 2095,
2111, 2201, 2231, 2232, 2233, 2273, 2282); Energy Reorganization Act
secs. 201, 202, 206 (42 U.S.C. 5841, 5842, 5846), sec. 211, Pub. L.
95-601, sec. 10, as amended by Pub. L. 102-486, sec. 2902 (42 U.S.C.
5851). Pub. L. 95-601, sec. 10, 14, 92 Stat. 2951, 2953 (42 U.S.C.
2021a, 5851); Government Paperwork Elimination Act sec. 1704 (44
U.S.C. 3504 note); Energy Policy Act of 2005, sec. 651(e), Pub. L.
109-58, 119 Stat. 806-810 (42 U.S.C. 2014, 2021, 2021b, 2111).
0
34. In part 61, wherever it may occur, remove the phrase ``Office of
Federal and State Materials and Environmental Management Programs'' and
add in its place the phrase ``Office of Nuclear Material Safety and
Safeguards''.
PART 62--CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-
FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES
0
35. The authority citation for part 62 continues to read as follows:
Authority: Atomic Energy Act secs. 81, 161, 274 (42 U.S.C. 2111,
2201, 2021); Energy Reorganization Act secs. 201, 209 (42 U.S.C.
5841, 5849); Government Paperwork Elimination Act sec. 1704 (44
U.S.C. 3504 note); Energy Policy Act of 2005, sec. 651(e), Pub. L.
109-58, 119 Stat. 806-810 (42 U.S.C. 2014, 2021, 2021b, 2111).
0
36. In part 62, wherever it may occur, remove the phrase ``Office of
Federal and State Materials and Environmental Management Programs'' and
add in its place the phrase ``Office of Nuclear Material Safety and
Safeguards''.
PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
0
37. The authority citation for part 70 continues to read as follows:
Authority: Atomic Energy Act secs. 51, 53, 161, 182, 183, 193,
223, 234 (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 2243, 2273, 2282,
2297f); secs. 201, 202, 204, 206, 211 (42 U.S.C. 5841, 5842, 5845,
5846, 5851); Government Paperwork Elimination Act sec. 1704 (44
U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. 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 70.21(g) also issued under Atomic Energy Act sec. 122
(42 U.S.C. 2152). Section 70.31 also issued under Atomic Energy Act
sec. 57(d) (42 U.S.C. 2077(d)). Sections 70.36 and 70.44 also issued
under Atomic Energy Act sec. 184 (42 U.S.C. 2234).
Section 70.81 also issued under Atomic Energy Act secs. 186, 187
(42 U.S.C. 2236, 2237).
Section 70.82 also issued under Atomic Energy Act sec. 108 (42
U.S.C. 2138).
0
38. In part 70, wherever it may occur, remove the phrase ``Office of
Federal and State Materials and Environmental Management Programs'' and
add in its place the phrase ``Office of Nuclear Material Safety and
Safeguards''.
PART 71--PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL
0
39. The authority citation for part 71 continues to read as follows:
Authority: Atomic Energy Act secs. 53, 57, 62, 63, 81, 161,
182, 183, 223, 234, 1701 (42 U.S.C. 2073, 2077, 2092, 2093, 2111,
2201, 2232, 2233, 2273, 2282, 2297f); Energy
[[Page 75741]]
Reorganization Act secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842,
5846, 5851); Nuclear Waste Policy Act sec. 180 (42 U.S.C. 10175);
Government Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504
note); Energy Policy Act of 2005, Pub. L. 109-58, 119 Stat. 594
(2005).
Section 71.97 also issued under sec. 301, Pub. L. 96-295, 94
Stat. 789-790.
0
40. In part 71, wherever it may occur, the phrase in the left column in
the following table is removed and the term or phrase in the right
column is added in its place.
------------------------------------------------------------------------
Remove Add
------------------------------------------------------------------------
Office of Federal and State Materials Office of Nuclear Material
and Environmental Management Programs. Safety and Safeguards.
Division of Spent Fuel Storage and Division of Spent Fuel
Transportation. Management.
Division of Intergovernmental Liaison Division of Material Safety,
and Rulemaking. State, Tribal, and Rulemaking
Programs.
------------------------------------------------------------------------
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
41. The authority citation for part 72 continues to read as follows:
Authority: Atomic Energy Act secs. 51, 53, 57, 62, 63, 65, 69,
81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 U.S.C.
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233,
2234, 2236, 2237, 2239, 2273, 2282, 2021); Energy Reorganization Act
secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
National Environmental Policy Act sec. 102 (42 U.S.C. 4332); Nuclear
Waste Policy Act secs. 131, 132, 133, 135, 137, 141, 148 (42 U.S.C.
10151, 10152, 10153, 10155, 10157, 10161, 10168); Government
Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504 note); Energy
Policy Act of 2005, Pub. L. 109-58, 119 Stat. 549 (2005).
Section 72.44(g) also issued under Nuclear Waste Policy Act
secs. 142(b) and 148(c), (d) (42 U.S.C. 10162(b), 10168(c), (d)).
Section 72.46 also issued under Atomic Energy Act sec. 189 (42
U.S.C. 2239); Nuclear Waste Policy Act sec. 134 (42 U.S.C. 10154).
Section 72.96(d) also issued under Nuclear Waste Policy Act sec.
145(g) (42 U.S.C. 10165(g)).
Subpart J also issued under Nuclear Waste Policy Act secs.
117(a), 141(h) (42 U.S.C. 10137(a), 10161(h)).
Subpart K also issued under Nuclear Waste Policy Act sec. 218(a)
(42 U.S.C. 10198).
0
42. In part 72, wherever it may occur, the phrase in the left column in
the following table is removed and the phrase in the right column is
added in its place.
------------------------------------------------------------------------
Remove Add
------------------------------------------------------------------------
Office of Federal and State Materials Office of Nuclear Material
and Environmental Management Programs. Safety and Safeguards.
Division of Spent Fuel Storage and Division of Spent Fuel
Transportation. Management.
Division of Fuel Cycle Safety and Division of Fuel Cycle Safety,
Safeguards. Safeguards, and Environmental
Review.
------------------------------------------------------------------------
PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS
0
43. The authority citation for part 73 continues to read as follows:
Authority: Atomic Energy Act secs. 53, 147, 161, 223, 234, 1701
(42 U.S.C. 2073, 2167, 2169, 2201, 2273, 2282, 2297(f), 2210(e));
Energy Reorganization Act sec. 201, 204 (42 U.S.C. 5841, 5844);
Government Paperwork Elimination Act sec. 1704, 112 Stat. 2750 (44
U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. 109-58, 119
Stat. 594 (2005).
Section 73.1 also issued under Nuclear Waste Policy Act secs.
135, 141 (42 U.S.C, 10155, 10161).
Section 73.37(f) also issued under sec. 301, Pub. L. 96-295, 94
Stat. 789 (42 U.S.C. 5841 note).
0
44. In part 73, wherever it may occur, the phrase in the left column in
the following table is removed and the phrase in the right column is
added in its place.
------------------------------------------------------------------------
Remove Add
------------------------------------------------------------------------
Division of Intergovernmental Liaison Division of Material Safety,
and Rulemaking. State, Tribal, and Rulemaking
Programs.
Division of Fuel Cycle Safety and Division of Fuel Cycle Safety,
Safeguards. Safeguards, and Environmental
Review.
------------------------------------------------------------------------
PART 74--MATERIAL CONTROL AND ACCOUNTING OF SPECIAL NUCLEAR
MATERIAL
0
45. The authority citation for part 74 continues to read as follows:
Authority: Atomic Energy Act secs. 53, 57, 161, 182, 183, 223,
234, 1701 (42 U.S.C. 2073, 2077, 2201, 2232, 2233, 2273, 2282,
2297f); Energy Reorganization Act secs. 201, 202, 206 (42 U.S.C.
5841, 5842, 5846); Government Paperwork Elimination Act sec. 1704
(44 U.S.C. 3504 note).
0
46. In part 74, wherever it may occur, remove the phrase ``Division of
Fuel Cycle Safety and Safeguards'' and add in its place the phrase
``Division of Fuel Cycle Safety, Safeguards, and Environmental
Review''.
PART 75--SAFEGUARDS ON NUCLEAR MATERIAL--IMPLEMENTATION OF US/IAEA
AGREEMENT
0
47. The authority citation for part 75 continues to read as follows:
Authority: Atomic Energy Act secs. 53, 63, 103, 104, 122, 161,
223, 234 (42 U.S.C. 2073, 2093, 2133, 2134, 2152, 2201, 2273, 2282);
Energy Reorganization Act sec. 201 (42 U.S.C. 5841); Government
Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504 note).
Section 75.4 also issued under Nuclear Waste Policy Act secs.
135 (42 U.S.C. 10155, 10161).
0
48. In part 75, wherever it may occur, remove the phrase ``Division of
Fuel Cycle Safety and Safeguards'' and add in its place the phrase
``Division of Fuel Cycle Safety, Safeguards, and Environmental
Review''.
[[Page 75742]]
PART 140--FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY
AGREEMENTS
0
49. The authority citation for part 140 continues to read as follows:
Authority: Atomic Energy Act secs. 161, 170, 223, 234 (42 U.S.C.
2201, 2210, 2273, 2282); Energy Reorganization Act secs. 201, as
amended, 202 (42 U.S.C. 5841, 5842); Government Paperwork
Elimination Act sec. 1704 (44 U.S.C. 3504 note); Energy Policy Act
of 2005 Pub. L. 109-58, 119 Stat. 594 (2005).
0
50. In part 140, wherever it may occur, remove the phrase ``Director,
Office of Federal and State Materials and Environmental Management
Programs,''.
PART 150--EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN
AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274
0
51. The authority citation for part 150 continues to read as follows:
Authority: Atomic Energy Act sec. 161, 181, 223, 234 (42 U.S.C.
2201, 2021, 2231, 2273, 2282); Energy Reorganization Act sec. 201
(42 U.S.C. 5841); Government Paperwork Elimination Act sec. 1704 (44
U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. 109-58, 119
Stat. 594 (2005).
Sections 150.3, 150.15, 150.15a, 150.31, 150.32 also issued
under Atomic Energy Act secs. 11e(2), 81, 83, 84 (42 U.S.C.
2014e(2), 2111, 2113, 2114).
Section 150.14 also issued under Atomic Energy Act sec. 53 (42
U.S.C. 2073).
Section 150.15 also issued under Nuclear Waste Policy Act secs.
135 (42 U.S.C. 10155).
Section 150.17a also issued under Atomic Energy Act sec. 122 (42
U.S.C. 2152).
Section 150.30 also issued under Atomic Energy Act sec. 234 (42
U.S.C. 2282).
0
52. In part 150, wherever it may occur, the phrase in the left column
in the following table is removed and the phrase in the right column is
added in its place.
------------------------------------------------------------------------
Remove Add
------------------------------------------------------------------------
Office of Federal and State Materials Office of Nuclear Material
and Environmental Management Programs. Safety and Safeguards.
Division of Fuel Cycle Safety and Division of Fuel Cycle Safety,
Safeguards. Safeguards, and Environmental
Review.
------------------------------------------------------------------------
Dated at Rockville, Maryland, this 9th day of December, 2014.
For the Nuclear Regulatory Commission.
Roy P. Zimmerman,
Acting Executive Director for Operations.
[FR Doc. 2014-29664 Filed 12-18-14; 8:45 am]
BILLING CODE 7590-01-P