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Nuclear Regulatory Commission.
Final rule.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its regulations to make miscellaneous administrative changes, including updating the street address for its Region IV office and correcting an authority citation and typographical and spelling errors, and other edits and conforming changes. This document is necessary to inform the public of these changes to the NRC's regulations.
This rule is effective December 22, 2011.
You can access publicly available documents related to this final rule using the following methods:
Christina England, Rules, Announcements, and Directives Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: (301) 492-3663, email: Christina.England@nrc.gov; or 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, email: Angella.Love-Blair@nrc.gov.
The NRC is amending its regulations at Title 10 of the Code of Federal Regulations (10 CFR) parts 1, 9, 19, 20, 26, 30, 35, 40, 52, 55, 60, 61, 70, 73, 110, 170, and 171 to make miscellaneous administrative changes. These changes include correcting the authority citation for 10 CFR part 61, updating the street address for its Region IV office, correcting typographical and spelling errors, and making other edits and conforming changes.
The name of the NRC's online repository, formerly called “NRC's Electronic Reading Room” and “Electronic Reading Room,” has been changed to “NRC Library.” Only the name has changed; the Web site address remains the same. The new name is incorporated into § 9.27(a) of the NRC's regulations. In addition, the new name is incorporated in the definition of “NRC Public Document Room” by replacing the term “Electronic Reading Room” with “NRC Library” in § 60.2 of the NRC's regulations.
In § 19.14(b), an “r” was inadvertently included in the word “phases” resulting in a different word, “phrases.” In § 19.14(b), the word “phrases” is replaced with the word “phases.”
In § 60.75(c)(2), an “m” was inadvertently omitted from the word “accomodate.” In § 60.75(c)(2), the word “accomodate” is replaced with the word “accommodate.” ( printed page 72083)
In § 35.50, the word “and” is missing between § 35.50(a)(2)(ii)(B) and 35.50(a)(2)(iii), due to a clerical error resulting from an administrative change in January 2007 (71 FR 15008). The word “and” is added at the end of § 35.50(a)(2)(ii)(B) after the semicolon.
In § 35.50(b)(1)(i), the reference, “(ii)”, incorrectly appears after the word “areas” and a dash. The reference is removed from the end of 10 CFR 35.50(b)(1)(i).
The commercial telephone number for the NRC Operations Center has been changed. The new number, (301) 816-5100, is listed in footnote 3 to § 35.3045(c).
The zip code, “20582,” that is listed in Appendices A, B, and C to 10 CFR part 52 is incorrect. The correct zip code, “20852,” is incorporated into paragraphs III.A of Appendices A, B, and C.
The authority citation for 10 CFR part 61 was revised by the final rule, “Clarification of NRC Civil Penalty Authority Over Contractors and Subcontractors Who Discriminate Against Employees for Engaging in Protected Activities,” on November 14, 2007 (72 FR 63939). The authority citation was further revised by the administrative rule, “Administrative Changes” on July 23, 2008 (73 FR 42671); however, a subsequent final rule, “Regulatory Changes to Implement the Additional Protocol to the US/IAEA Safeguards Agreement,” (73 FR 78599; December 23, 2008) inadvertently included the authority citation from the 2007 final rule. The authority citation is revised to correctly reflect that of the 2008 administrative rule.
The table in paragraph (c) of § 171.16 is missing a colon and a hard return that would separate the heading, “Educational Institutions that are not State or Publicly Supported, and have 500 Employees or Fewer,” from the subsequent list item, “35 to 500 employees.” The formatting errors are corrected, adding a colon after the word “Fewer” and separating the list heading from the subsequent list item.
In a final rule (75 FR 44072; July 28, 2010), the information collections were moved from §§ 110.23 and 110.26 to § 110.54. Section 110.7 is updated to reflect this reorganization of provisions.
A final rule (76 FR 36786; June 22, 2011) eliminated footnote 5 in 10 CFR 170.31 and renumbered footnote 6 to footnote 5. Subsections 15.M through 15.Q were removed and reserved. The rule language inadvertently added a new footnote 6 next to the “Reserved” subsections 15.M through 15.Q that said “There are no existing NRC licenses in the fee category.” In § 170.31, the new footnote 6 and corresponding references in 15.M through 15.Q are removed.
The street address of the NRC Region IV office has been changed. The new address is incorporated into the following sections of the NRC's regulations: Sec. 1.5(b)(4), Appendix D to 10 CFR part 20, Sec. 30.6(b)(2)(iv), Sec. 40.5(b)(2)(iv), Sec. 55.5(b)(2)(iv), Sec. 70.5(b)(2)(iv), and Appendix A to 10 CFR part 73.
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)(3)(B) to publish these amendments as a final rule. The amendments are effective December 22, 2011. 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.
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 or nonpolicy nature and do not substantially modify existing regulations. Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this rule.
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.).
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.
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 would be inconsistent with the issue finality provisions in 10 CFR part 52.
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 the Office of Management and Budget.
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 1, 9, 19, 20, 30, 35, 40, 52, 55, 60, 61, 70, 73, 110, 170, and 171.
1. The authority citation for part 1 continues to read as follows:
2. In § 1.5, revise paragraph (b)(4) to read as follows:
(b) * * *
(4) Region IV, US NRC, 1600 E. Lamar Blvd., Arlington, TX 76011-4511.
3. The authority citation for part 9 continues to read as follows:
Subpart A also issued 5 U.S.C. 552; 31 U.S.C. 9701; Pub. L. 99-570.
Subpart B is also issued under 5 U.S.C. 552a.
Subpart C is also issued under 5 U.S.C. 552b.
4. In § 9.27, paragraph (a), third sentence, remove the term “NRC's Electronic Reading Room” and add in its place the term “NRC Library.”
5. The authority citation for part 19 continues to read as follows:
Section 19.32 is also issued under sec. 401, 88 Stat. 1254 (42 U.S.C. 5891).
6. In § 19.14, paragraph (b), second sentence, remove the word “phrases” and add in its place the word “phases.”
7. The authority citation for part 20 continues to read as follows:
8. In Appendix D to part 20, second column, revise the address for Region IV to read as follows:
US NRC, Region IV, 1600 E. Lamar Blvd., Arlington, TX 76011-4511.
9. The authority citation for part 30 continues to read as follows:
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).
10. In § 30.6, revise the second sentence of paragraph (b)(2)(iv)(A) and the second sentence of paragraph (b)(2)(iv)(B) to read as follows:
(b) * * *
(2) * * *
(iv) * * *
(A) * * * 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, 1600 E. Lamar Blvd., Arlington, TX 76011-4511; where email is appropriate, it should be addressed to RidsRgn4MailCenter@nrc.gov.
(B) * * * 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, 1600 E. Lamar Blvd., Arlington, TX 76011-4511; where email is appropriate, it should be addressed to RidsRgn4MailCenter@nrc.gov.
11. The authority citation for part 35 continues to read as follows:
12. In § 35.50:
a. In paragraph (a)(2)(ii)(B), add the word ” and” at the end after the semi-colon.
b. In the introductory text of paragraph (b)(1)(i), remove the reference “-(ii)” at the end and add in its place “—.”
13. In § 35.3045, footnote 3, remove the telephone number “(301) 951-0550” and add in its place the telephone number “(301) 816-5100.”
14. The authority citation for part 40 continues to read as follows:
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).
15. In § 40.5, revise the second sentence of paragraph (b)(2)(iv)(A) and the second sentence of paragraph (b)(2)(iv)(B) to read as follows:
(b) * * *
(2) * * *
(iv) * * *
(A) * * * 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, 1600 E. Lamar Blvd., Arlington, TX 76011-4511; where email is appropriate, it should be addressed to RidsRgn4MailCenter@nrc.gov.
(B) * * * 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, 1600 E. Lamar Blvd., Arlington, TX 76011-4511; where email is appropriate, it should be addressed to RidsRgn4MailCenter@nrc.gov.
16. The authority citation for part 52 continues to read as follows:
17. In Appendix A to part 52, paragraph III.A, last sentence, remove the zip code “20582” and add in its place the zip code “20852.”
18. In Appendix B to part 52, paragraph III.A, last sentence, remove the zip code “20582” and add in its place the zip code “20852.”
19. In Appendix C to part 52, paragraph III.A, last sentence, remove the zip code “20582” and add in its place the zip code “20852.”
20. The authority citation for part 55 continues to read as follows:
Section 55.61 also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 2237).
21. In § 55.5, revise the second sentence of paragraph (b)(2)(iv) to read as follows:
(b) * * *
(2) * * * ( printed page 72086)
(iv) * * * Submission by mail or hand delivery must be addressed to the Administrator at U.S. Nuclear Regulatory Commission, 1600 E. Lamar Blvd., Arlington, TX 76011-4511; where email is appropriate, it should be addressed to RidsRgn4MailCenter@nrc.gov.
22. The authority citation for part 60 continues to read as follows:
23. In § 60.2, the definition of “NRC Public Document Room”:
a. In the first sentence, add the zip code “20852” after “Maryland,”
b. In the second sentence, remove the term “Electronic Reading Room” and add in its place the term “NRC Library”; and
c. In the fourth sentence, remove the email address “ PDR@nrc.gov ” and add in its place the email address “ PDR.Resource@nrc.gov. ”
24. In § 60.75, paragraph (c)(2), third sentence, remove the word “accomodate” and add in its place the word “accommodate.”
25. The authority citation for part 61 is revised to read as follows:
26. The authority citation for part 70 continues to read as follows:
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).
27. In § 70.5, revise the second sentence of paragraph (b)(2)(iv)(A) and the second sentence of paragraph (b)(2)(iv)(B) to read as follows:
(b) * * *
(2) * * *
(iv) * * *
(A) * * * 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, 1600 E. Lamar Blvd., Arlington, TX 76011-4511; where email is appropriate, it should be addressed to RidsRgn4MailCenter@nrc.gov.
(B) * * * 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, 1600 E. Lamar Blvd., Arlington, TX 76011-4511; where email is appropriate, it should be addressed to RidsRgn4MailCenter@nrc.gov. * * *
28. The authority citation for part 73 continues to read as follows:
Section 73.1 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (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). Section 73.57 is issued under sec. 606, Pub. L. 99-399, 100 Stat. 876 (42 U.S.C. 2169).
29. In Appendix A to Part 73, first table, second column, and second table, second column, revise the address for Region IV to read as follows:
US NRC, Region IV, 1600 E. Lamar Blvd., Arlington, TX 76011-4511.
US NRC, Region IV, 1600 E. Lamar Blvd., Arlington, TX 76011-4511.
30. The authority citation for part 110 continues to read as follows:
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. ( printed page 72087) 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.).
31. Section 110.7, paragraph (b), is revised to read as follows:
(b) The approved information requirements contained in this part appear in §§ 110.7a, 110.27, 110.32, 110.50, 110.52, 110.53, and 110.54.
32. The authority citation for part 170 continues to read as follows:
33. In § 170.31, remove footnote 6 and the corresponding reference to footnote 6 in 15.M, 15.N, 15.O, 15.P, and 15.Q.
34. The authority citation for part 171 continues to read as follows:
35. In § 171.16, paragraph (c), the table is revised to read as follows:
(c) * * *
| Maximum annual fee per licensed category | |
|---|---|
| Small Businesses Not Engaged in Manufacturing (Average gross receipts over last 3 completed fiscal years): | |
| $450,000 to $6.5 million | $2,300 |
| Less than $450,000 | 500 |
| Small Not-For-Profit Organizations (Annual Gross Receipts): | |
| $450,000 to $6.5 million | 2,300 |
| Less than $450,000 | 500 |
| Manufacturing entities that have an average of 500 employees or fewer: | |
| 35 to 500 employees | 2,300 |
| Fewer than 35 employees | 500 |
| Small Governmental Jurisdictions (Including publicly supported educational institutions) (Population): | |
| 20,000 to 50,000 | 2,300 |
| Fewer than 20,000 | 500 |
| Educational Institutions that are not State or Publicly Supported, and have 500 Employees or Fewer: | |
| 35 to 500 employees | 2,300 |
| Fewer than 35 employees | 500 |
Dated at Rockville, Maryland, this 10th day of November 2011.
For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Rules, Announcements, and Directives Branch, Division of Administrative Services, Office of Administration.
[FR Doc. 2011-29669 Filed 11-21-11; 8:45 am]
BILLING CODE 7590-01-P