Consolidation of the NRC Region V Office With the Region IV Office

Federal RegisterApr 13, 1994

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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 1, 20, 30, 40, 55, 70, and 73

RIN 3150-AE98

Consolidation of the NRC Region V Office With the Region IV

Office

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its

regulations as a result of the consolidation of the Region V office in

Walnut Creek, California, with the Region IV office in Arlington,

Texas. These amendments are necessary to inform the public of the

administrative changes to the NRC's regulations.

EFFECTIVE DATE: April 4, 1994.

FOR FURTHER INFORMATION CONTACT: John M. Montgomery, USNRC Region IV,

611 Ryan Plaza Drive, suite 400, Arlington, TX 76011-8064; telephone

(817) 860-8226.

SUPPLEMENTARY INFORMATION: On April 4, 1994, the NRC will consolidate

its Region V office in Walnut Creek, California, with the Region IV

office in Arlington, Texas. An NRC field office will be established in

Walnut Creek, California.

Previously, the NRC published a general notice in the Federal

1994, the emergency response functions and responsibilities of the

current Region V office would be transferred to the Region IV office.

Because this amendment deals with agency procedures, the notice and

comment provisions of the Administrative Procedure Act do not apply

pursuant to 5 U.S.C. 553(b)(A). Good cause exists to dispense with the

usual 30-day delay in the effective date because the amendments are of

a minor and administrative nature dealing with a change in address and

telephone number. The amendment is effective April 4, 1994.

Environmental Impact: Categorical Exclusion

The NRC has determined that this final rule is the type of action

described in categorical exclusion 10 CFR 51.22(c)(2). Therefore,

neither an environmental impact statement nor an environmental

assessment has been prepared for this final rule.

Paperwork Reduction Act Statement

The final rule contains no information collection requirements and,

therefore, is not subject to the requirements of the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501 et seq.).

Regulatory Analysis

A regulatory analysis has not been prepared for this final rule

because it is an administrative action that changes the address and

telephone number of an NRC region.

Backfit Analysis

The NRC has determined that the backfit rule, 10 CFR 50.109, does

not apply to this final rule because this rule does not involve any

provisions that would impose a backfit as defined in Sec. 50.109(a)(1).

Therefore, a backfit analysis is not required for this rule.

List of Subjects

10 CFR Part 1

Organization and functions (Government Agencies).

10 CFR Part 20

Byproduct material, Criminal penalties, Licensed material, Nuclear

materials, Nuclear power plants and reactors, Occupational safety and

health, Packaging and containers, Radiation protection, Reporting and

recordkeeping requirements, Special nuclear material, Source 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 40

Criminal penalties, Government contracts, Hazardous materials

transportation, Nuclear materials, Reporting and recordkeeping

requirements, Source material, Uranium.

10 CFR Part 55

Criminal penalties, Manpower training programs, Nuclear power

plants and reactors, 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 73

Criminal penalties, Hazardous materials transportation, Export,

Incorporation by reference, Import, Nuclear materials, Nuclear power

plants and reactors, Reporting and recordkeeping requirements, Security

measures.

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, 20, 30, 40, 55, 70, and 73.

PART 1--STATEMENT OF ORGANIZATION AND GENERAL INFORMATION

1. The authority citation for part 1 continues to read as follows:

Authority: Secs. 23, 161, 68 Stat. 925, 948, as amended (42

U.S.C. 2033, 2201); sec. 29, Pub. L. 85-256, 71 Stat. 579, Pub. L.

95-209, 91 Stat. 1483 (42 U.S.C. 2039); sec. 191, Pub. L. 87-615, 76

Stat. 409 (42 U.S.C. 2241); secs. 201, 203, 204, 205, 209, 88 Stat.

1242, 1244, 1245, 1246, 1248, as amended (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.

Sec. 1.5 [Amended]

2. In Sec. 1.5, paragraph (b), in the NRC Region IV address ``Suite

1000'' is revised to read ``Suite 400'' and the NRC Region V address is

revised to read ``USNRC, Region IV Walnut Creek Field Office, 1450

Maria Lane, Suite 300, Walnut Creek, CA 94596.''

PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION

3. The authority citation for part 20 continues to read as follows:

Authority: Secs. 53, 63, 65, 81, 103, 104, 161, 182, 186, 68

Stat. 930, 933, 935, 936, 937, 948, 953, 955, as amended (42 U.S.C.

2073, 2093, 2095, 2111, 2133, 2134, 2201, 2232, 2236), secs. 201, as

amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.

5841, 5842, 5846).

4. Appendix D to Secs. 20.1001-20.2402 is amended by removing the

Region V entry and by revising the Region IV entry to read as follows:

Appendix D to 20.1001-20.2402.--U.S. Nuclear Regulatory Commission Regional Offices

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Address Telephone (24 hour)

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* * * * * * *

Region IV: Alaska, Arizona, Arkansas, California, USNRC, Region IV, 611 Ryan Plaza (817) 860-8100

Colorado, Hawaii, Idaho, Kansas, Louisiana, Montana, Drive, Suite 400, Arlington, TX (FTS) 728-8100

Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, 76011.

Oregon, South Dakota, Texas, Utah, Washington,

Wyoming, and the U.S. territories and possessions in

the Pacific.

Region IV: Field Office............................... USNRC, Region IV, Uranium Recovery (303) 231-2805

Field Office, 730 Simms Street, (FTS) 554-2805

Suite 100a, Golden, CO 80401;

Mail: P.O. Box 25325, Denver, CO

80225.

Region IV: Field Office............................... USNRC, Region IV, Walnut Creek (510) 975-0200

Field Office, 1450 Maria Lane,

Suite 300, Walnut Creek, CA 94596.

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PART 30--RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF

BYPRODUCT MATERIAL

5. The authority citation for part 30 continues to read as follows:

Authority: Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948,

953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42

U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201, as

amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.

5841, 5842, 5846).

Section 30.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.

2951 (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).

6. In Sec. 30.6, paragraph (b)(2)(v) is removed and paragraph

(b)(2)(iv) is revised to read as follows:

Sec. 30.6 Communications.

* * * * *

(b) * * *

(2) * * *

(iv) Region IV. The regional licensing program involves all Federal

facilities in the region and non-Federal licensees in the following

Region IV non-Agreement States and a territory: Alaska, Hawaii,

Montana, Oklahoma, South Dakota, Wyoming, and Guam. All 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 be sent to: U.S. Nuclear Regulatory Commission, Region IV,

Material Radiation Protection Section, 611 Ryan Plaza Drive, Suite 400,

Arlington, Texas 76011.

PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL

7. 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).

Section 40.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.

2951 (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).

8. In Sec. 40.5, paragraph (b)(2)(v) is removed and paragraph

(b)(2)(iv) is revised to read as follows:

Sec. 40.5 Communications.

* * * * *

(b) * * *

(2) * * *

(iv) Region IV. The regional licensing program involves all Federal

facilities in the region and non-Federal licensees in the following

Region IV non-Agreement States and a territory: Alaska, Hawaii,

Montana, Oklahoma, South Dakota, Wyoming, and Guam. All 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 be sent to: U.S. Nuclear Regulatory Commission, Region IV,

Material Radiation Protection Section, 611 Ryan Plaza Drive, suite 400,

Arlington, Texas 76011.

PART 55--OPERATORS' LICENSES

9. The authority citation for part 55 continues to read as follows:

Authority: Secs. 107, 161, 182, 68 Stat. 939, 948, 953, as

amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2137, 2201,

2232, 2282); secs. 201, as amended, 202, 88 Stat. 1242, as amended,

1244 (42 U.S.C. 5841, 5842).

Sections 55.41, 55.43, 55.45, and 55.59 also issued under sec.

306, Pub. L. 97-425, 96 Stat. 2262 (42 U.S.C. 10226). Section 55.61

also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236,

2237).

10. In Sec. 55.5, paragraph (b)(2)(v) is removed and paragraphs

(b)(1) and (b)(3)(ii) are revised to read as follows:

Sec. 55.5 Communications.

* * * * *

(b)(1) Except for test and research reactor facilities, the

Director of Nuclear Reactor Regulation has delegated to the Regional

Administrators of Regions I, II, III, and IV authority and

responsibility pursuant to the regulations in this part for the

issuance and renewal of licenses for operators and senior operators of

nuclear power reactors licensed under 10 CFR part 50 and located in

these regions.

* * * * *

(3) * * *

(ii) For all test and research reactor facilities located in

Regions I, II, III, and IV, submissions must be made to the Director,

Division of Licensee Performance and Quality Evaluation, U.S. Nuclear

Regulatory Commission, Washington, DC 20555. Attention: Operator

Licensing Branch.

PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

11. The authority citation for part 70 continues to read as

follows:

Authority: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948,

953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C.

2071, 2073, 2201, 2232, 2233, 2282); secs. 201, as amended, 202,

204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42 U.S.C.

5841, 5842, 5845, 5846).

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 (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. 93-3772, 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 70.61 also issued under secs. 186, 187, 68

Stat. 955 (42 U.S.C. 2236, 2237). Section 70.62 also issued under

sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).

12. In Sec. 70.5, paragraph (b)(2)(v) is removed and paragraph

(b)(2)(iv) is revised to read as follows:

Sec. 70.5 Communications.