[Federal Register Volume 80, Number 157 (Friday, August 14, 2015)]
[Rules and Regulations]
[Pages 48683-48684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20027]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 71

[NRC-2008-0198]
RIN 3150-AI11


Revisions to Transportation Safety Requirements and Harmonization 
With International Atomic Energy Agency Transportation Requirements; 
Corrections

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule; correcting amendments.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) published a final 
rule in the Federal Register on June 12, 2015, in consultation with the 
U.S. Department of Transportation (DOT), amending its regulations for 
the packaging and transportation of radioactive material. These 
amendments made conforming changes to the NRC's regulations based on 
the International Atomic Energy Agency's 2009 standards for the 
international transportation of radioactive material and maintain 
consistency with the DOT's regulations. The final rule contained minor 
editorial errors in a calculation, outdated contact information, and 
outdated information for examining the materials that are incorporated 
by reference. This document corrects the final rule by revising the 
definition that contains these errors, and updates the contact and 
examination information.

DATES: This rule is effective on August 14, 2015.

ADDRESSES: Please refer to Docket ID NRC-2008-0198 when contacting the 
NRC about the availability of information for this correcting amendment 
or the final rule. You may obtain publicly-available information 
related to these documents by any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2008-0198. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this final rule.
     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: Solomon Sahle, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone: 301-415-3781; email: 
[email protected].

SUPPLEMENTARY INFORMATION: The NRC published a final rule in the 
Federal Register on June 12, 2015 (80 FR 33987), effective July 13, 
2015, amending its regulations in part 71 of Title 10 of the Code of 
Federal Regulations (10 CFR) for the packaging and transportation of 
radioactive material. These amendments made conforming changes to the 
NRC's regulations based on the International Atomic Energy Agency's 
2009 standards for the international transportation of radioactive 
material and maintain consistency with the DOT's regulations. The final 
rule contained minor editorial errors in the definition of 
Contamination that was added to 10 CFR 71.4, ``Definitions,'' and 
contained outdated information for the contact for the rule and for 
examining the materials that are incorporated by reference. This 
document corrects the final rule by revising the calculation contained 
in the definition of Contamination, and updates the contact information 
in the FOR FURTHER INFORMATION CONTACT section of the final rule's 
preamble. This document also updates the examination information by 
referencing the NRC Technical Library in Section XVII, Incorporation by 
Reference under 1 CFR part 51--Reasonable Availability to Interested 
Parties, of the final rule's preamble. Similarly, the new 10 CFR 71.70, 
``Incorporations by reference,'' is corrected to reference the NRC 
Technical Library.

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 they will have no substantive impact and are of a 
minor and administrative nature dealing with corrections to certain CFR 
sections related only to management, organization, procedure, and 
practice. Specifically, these amendments are to correct editorial 
errors. These amendments do not

[[Page 48684]]

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. Accordingly, for the reasons 
stated, the NRC finds, pursuant to 5 U.S.C. 553(d)(3), that good cause 
exists to make this rule effective upon publication.

Correction to the Preamble

    In FR Doc. 2015-14212 appearing on page 33987 in the Federal 
Register of Friday, June 12, 2015, the following corrections to the 
preamble are made:
    1. On page 33988, in the second column, the FOR FURTHER INFORMATION 
CONTACT section is corrected to read as follows:
    FOR FURTHER INFORMATION CONTACT: Solomon Sahle, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone: 301-415-3781; email: 
[email protected].
    2. On page 34010, in the third column, last paragraph, in Section 
XVII, Incorporation by Reference under 1 CFR part 51--Reasonable 
Availability to Interested Parties, the first sentence is corrected to 
read as follows:
    The two ISO standards incorporated by reference into 10 CFR 71.75 
may be examined, by appointment, at the NRC's Technical Library, which 
is located at Two White Flint North, 11545 Rockville Pike, Rockville, 
Maryland 20852; telephone: 301-415-7000; email: 
[email protected].

List of Subjects in 10 CFR Part 71

    Criminal penalties, Hazardous materials transportation, 
Incorporation by reference, Nuclear materials, Packaging and 
containers, Reporting and recordkeeping requirements.

    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 correcting amendments to 10 CFR part 71:

PART 71--PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL

0
1. 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 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
2. In Sec.  71.4, revise the definition of Contamination to read as 
follows:


Sec.  71.4  Definitions.

* * * * *
    Contamination means the presence of a radioactive substance on a 
surface in quantities in excess of 0.4 Bq/cm\2\ (1 x 10-5 
[micro]Ci/cm\2\) for beta and gamma emitters and low toxicity alpha 
emitters, or 0.04 Bq/cm\2\ (1 x 10-6 [micro]Ci/cm\2\) for 
all other alpha emitters.
    (1) Fixed contamination means contamination that cannot be removed 
from a surface during normal conditions of transport.
    (2) Non-fixed contamination means contamination that can be removed 
from a surface during normal conditions of transport.
* * * * *

0
3. In Sec.  71.70, revise paragraph (a), fifth sentence, to read as 
follows:


Sec.  71.70  Incorporations by reference.

    (a) * * * The materials can be examined, by appointment, at the 
NRC's Technical Library, which is located at Two White Flint North, 
11545 Rockville Pike, Rockville, Maryland 20852; telephone: 301-415-
7000; email: [email protected]. The materials are also available 
from the sources listed below. * * *
* * * * *

    Dated at Rockville, Maryland, this 7th day of August, 2015.

    For the Nuclear Regulatory Commission.
Helen Chang,
Acting Chief, Rules, Announcements, and Directives Branch, Division of 
Administrative Services, Office of Administration.
[FR Doc. 2015-20027 Filed 8-13-15; 8:45 am]
BILLING CODE 7590-01-P