[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editorial errors in a calculation, outdated contact information, and
outdated information for examining the materials that are incorporated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]
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