Energy Policy Act of 2005 Requirements; Treatment of Accelerator-Produced and Other Radioactive Material as Byproduct Material; Waiver, 51581-51582 [05-17293]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations
compliance guide should be sent to Jay
Guerber at the previously mentioned
address in the FOR FURTHER INFORMATION
CONTACT section.
After consideration of all relevant
material presented, including the
information and recommendation
submitted by the Committee and other
available information, it is hereby found
that this rule, as hereinafter set forth,
will tend to effectuate the declared
policy of the Act.
List of Subjects in 7 CFR Part 958
Onions, Marketing agreements,
Reporting and recordkeeping
requirements.
PART 958—ONIONS GROWN IN
CERTAIN DESIGNATED COUNTIES IN
IDAHO, AND MALHEUR COUNTY,
OREGON
Accordingly, the interim final rule
amending 7 CFR part 958 which was
published at 70 FR 32481 on June 3,
2005, is adopted as a final rule without
change.
I
Dated: August 25, 2005.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. 05–17269 Filed 8–30–05; 8:45 am]
BILLING CODE 3410–02–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Chapter I
Energy Policy Act of 2005
Requirements; Treatment of
Accelerator-Produced and Other
Radioactive Material as Byproduct
Material; Waiver
Nuclear Regulatory
Commission.
ACTION: Time-limited waiver of Energy
Policy Act of 2005 requirements.
AGENCY:
SUMMARY: The Nuclear Regulatory
Commission (NRC) is issuing a timelimited waiver of the requirements
enacted by section 651(e) of the Energy
Policy Act of 2005, titled ‘‘Treatment of
Accelerator-Produced and Other
Radioactive Material as Byproduct
Material’’, as they pertain to byproduct
material as defined in paragraphs (3)
and (4) of section 11 e. of the Atomic
Energy Act of 1954, as added by section
651(e). The waiver will allow persons
owning, using, and otherwise engaging
in activities involving the material to
continue with their activities and States
to continue to regulate this material
during the applicable waiver period.
VerDate Aug<18>2005
16:14 Aug 30, 2005
Jkt 205001
This waiver is effective August
31, 2005. This waiver is effective
through August 7, 2006, for the import
and export of materials covered by the
waiver, unless terminated sooner if the
Commission determines that an earlier
termination is warranted. For all other
matters, it is effective through August 7,
2009, unless terminated sooner if the
Commission determines that an earlier
termination is warranted or required.
FOR FURTHER INFORMATION CONTACT:
Susan Chidakel, Office of the General
Counsel, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone (301) 415–1535, e-mail
ssc@nrc.gov or Merri Horn, Office of
Nuclear Material Safety and Safeguards,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, telephone
(301) 415–8126, e-mail, mlh1@nrc.gov.
SUPPLEMENTARY INFORMATION: The
President of the United States signed the
Energy Policy Act of 2005 on August 8,
2005. The provisions of the Act became
effective immediately, unless another
effective date was expressly provided.
Since no effective date was stated for
the provisions of section 651(e) of the
Act, section 651(e) became effective
immediately, and brought byproduct
material, as defined in paragraphs (3)
and (4) of section 11 e. of the Atomic
Energy Act of 1954 (42 U.S.C. 2201 et
seq.), as added by section 651(e)(1),
under the immediate regulatory
authority of the Nuclear Regulatory
Commission.
Section 11 e.(3) of the Atomic Energy
Act of 1954 now includes as byproduct
material: (i) any discrete source of
radium-226 that is produced, extracted,
or converted after extraction (before, on,
or after the date of enactment of section
651(e) of the Energy Policy Act of 2005),
for use for a commercial, medical, or
research activity; and (ii) any material
that has been made radioactive by use
of a particle accelerator and is
produced, extracted, or converted after
extraction (before, on, or after the date
of enactment of section 651(e) of the
Energy Policy Act of 2005), for use for
a commercial, medical, or research
activity. Section 11 e.(4) expands the
definition to include any discrete source
of naturally occurring radioactive
material, other than source material, if
certain conditions are met. Section 11
e.(4) is considered to be a place-holder
and NRC staff does not anticipate a need
for active regulation of the latter
material at this time.
Prior to enactment of the Energy
Policy Act of 2005, the NRC did not
have authority over the newly covered
byproduct material, and it fell under the
authority of the States. Therefore, the
DATES:
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
51581
NRC does not currently have regulations
in place that would specifically apply to
the material. With the enactment of the
Energy Policy Act of 2005, the States
may no longer assert the authority to
regulate the newly covered byproduct
material, except as authorized to do so
by the Act.
The Energy Policy Act of 2005 allows
the Commission up to 18 months after
the date of enactment to issue final
regulations for the newly covered
byproduct material. To facilitate an
orderly transition of regulatory authority
with respect to the newly defined
byproduct material, the Act also
provides for preparation and
publication of a transition plan for
States that have not previously entered
into an Agreement with the Commission
under section 274 b of the Atomic
Energy Act and for those States that
have entered into such an Agreement.
However, neither the regulations nor the
transition plan have yet been developed.
Until such time as the regulations and
transition plan have been completed
and are in place, persons that engage in
activities involving the material will
want to continue with their activities.
To ease the transition period from
individualized State programs to a more
uniform regulatory program developed
under the Atomic Energy Act and its
section 274b Agreement State Program,
section 651(e) of the Energy Policy Act
of 2005 authorizes the Commission to
issue waivers of its authority. Waivers of
the Commission’s jurisdiction will
permit existing State authorities to
continue. Ultimate transition from NRC
to State authority for those States with
an existing Agreement State program is
expected to proceed easily. For States
without such programs currently, that
want to enter into an agreement with the
NRC, this waiver period will permit
them to go through the processes
necessary to establish and carry out an
Agreement State program to regulate
this material after the waiver period
expires.
Section 651(e)(5) authorizes the
Commission to grant a waiver to any
entity of any requirement under section
651(e) with respect to a matter relating
to the newly defined byproduct
material, except as required by section
651(e)(5)(B)(i)(l). Thus, such a waiver
can also be granted to entities that
engage in activities involving the
material. Without the waiver, States that
seek to continue regulation of the
material would be, and persons that
carry on activities involving the newly
defined byproduct material could be, in
technical violation of the Atomic Energy
Act of 1954, as amended by section
651(e) of the Energy Policy Act of 2005.
E:\FR\FM\31AUR1.SGM
31AUR1
51582
Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations
The authorization to grant waivers is
subject to the Commission’s
determination that the waiver is in
accordance with the protection of the
public health and safety and the
promotion of the common defense and
security. The Commission has
determined that there is no basis on
which to conclude that these materials
will not continue to be used in a manner
that ensures that the public health and
safety will be protected while this
waiver is in effect. The Energy Policy
Act of 2005 also specifically requires the
Commission to consider, in
promulgating regulations, the impact on
the availability of radiopharmaceuticals
to physicians and to patients the
medical treatment of which relies on
radiopharmaceuticals. The Commission
believes that it is in the best interests of
the country to allow continued use of
the newly defined byproduct material in
radiopharmaceuticals for medical
purposes, and to allow the States to
continue to regulate the newly defined
byproduct material until the
Commission can codify new regulations
for these materials.
In sum, the Commission currently
does not have in place a specific set of
regulations to oversee the use of
byproduct material as defined in
paragraphs (3) and (4) of section 11 e.
of the Atomic Energy Act of 1954, as
added by section 651(e) of the Energy
Policy Act of 2005. Granting of the
waiver set forth at the end of this
document will allow, for the applicable
waiver period, States to continue with
their programs, persons engaged in
activities involving the newly defined
Atomic Energy Act byproduct material
to continue their operations in a safe
manner, and continued access to
medical radiopharmaceuticals. This will
also permit the Commission and States
that currently do not have § 274i
Agreement State regulatory programs,
but wish to enter into an agreement with
the NRC, to appropriately address the
newly defined byproduct material. The
Commission has determined that
issuance of this waiver is in accordance
with the protection of the public health
and safety and the promotion of the
common defense and security.
byproduct material as defined in section
11 e.(3) and (4) of the Atomic Energy
Act 1954, through August 7, 2006,
unless terminated sooner if the
Commission determines that an earlier
termination is warranted; except that
the requirements of the Department of
Commerce relating to export of such
material will continue to apply to such
material during the waiver period;
(2) To all persons that acquire,
deliver, receive, possess, own, use, or
transfer byproduct material as defined
in section 11 e.(3) and (4) of the Atomic
Energy Act 1954, through August 7,
2009, unless terminated sooner if the
Commission determines that an earlier
termination is warranted; and
(3) To all States that have entered into
an agreement with the Commission
under section 274 b. of the Atomic
Energy Act of 1954 (42 U.S.C. 2014(e))
and to States that have not entered into
such an Agreement, through August 7,
2009, unless terminated sooner if the
Commission determines that an earlier
termination is warranted; except that
such a waiver for an Agreement State
will be terminated by the Commission,
if the Commission makes the
determinations required by section
651(e)(5)(B)(ii) of the Energy Policy Act
of 2005.
Waiver
Except as required by section
651(e)(5)(B)(i)(I), the Commission
hereby grants a waiver from the
requirements of section 651(e) of the
Energy Policy Act of 2005, titled,
‘‘Treatment of Accelerator-Produced
and Other Radioactive Material as
Byproduct Material’’, as follows:
(1) To all persons engaged in export
from or import into the United States of
AGENCY:
VerDate Aug<18>2005
16:14 Aug 30, 2005
Jkt 205001
Dated at Rockville, Maryland, this 25th day
of August, 2005.
For the Nuclear Regulatory Commission.
Annette Vietti-Cook,
Secretary of the Commission.
[FR Doc. 05–17293 Filed 8–30–05; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF THE TREASURY
Office of Thrift Supervision
12 CFR Parts 506, 516, 528, 543, 544,
545, 552, 559, 563, 563b, 567, 574, and
575
[No. 2005–34]
RIN 1550–AB93
EGRPRA Regulatory Review—
Application and Reporting
Requirements
Office of Thrift Supervision,
Treasury (OTS).
ACTION: Final rule.
As a part of its review of
regulations under section 2222 of the
Economic Growth and Regulatory
Paperwork Reduction Act of 1996 (Pub.
L. 104–208, Sept. 30, 1996) (EGRPRA),
the Office of Thrift Supervision (OTS) is
issuing a final rule, which reduces
SUMMARY:
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
regulatory burden on savings
associations by updating and revising
various application and reporting
requirements. Specifically, the final
rule: modifies the branch office and
agency office application and notice
requirements, harmonizes publication
and public comment procedures for
various applications and notices, and
revises the meeting procedures. The
final rule also eliminates various
obsolete rules.
DATES: This rule is effective on October
1, 2005.
FOR FURTHER INFORMATION CONTACT:
Josephine Battle, Program Analyst,
Thrift Policy, (202) 906–6870; Donald
Dwyer, Director, Applications,
Examinations and Supervision
Operations, (202) 906–6414; Karen
Osterloh, Special Counsel, Regulations
and Legislation Division, (202) 906–
6639; or Gary Jeffers, Senior Attorney,
Business Transactions Division, (202)
906–6457, Office of Thrift Supervision,
1700 G Street, NW., Washington, DC
20552.
SUPPLEMENTARY INFORMATION:
I. Introduction
In 2003, OTS and the other federal
banking agencies began a joint effort to
review their rules and identify outdated
or otherwise unnecessary regulatory
requirements. This review is required by
section 2222 of EGRPRA, which directs
the banking agencies to jointly or
individually categorize their regulations
by type, provide notice and solicit
public comment on the categories,
request commenters to identify areas of
the regulations that are outdated,
unnecessary, or unduly burdensome,
and eliminate unnecessary regulations
to the extent that such action is
appropriate. 12 U.S.C. 3311. As part of
this EGRPRA process, OTS, the Board of
Governors of the Federal Reserve
System, the Federal Deposit Insurance
Corporation (FDIC), and the Office of
the Comptroller of the Currency
published a notice seeking comment on
unnecessary regulatory burden in their
rules governing application and
reporting requirements.1
Based on the comments submitted in
response to the notice and additional
comments voiced at EGRPRA outreach
meetings, OTS issued an interim final
1 68 FR 35589 (June 16, 2003). The June 2003
notice also addressed powers and activities and
international operations. The agencies have
published subsequent notices seeking comment on
consumer protection provisions in lending-related
rules at 69 FR 2852 (January 21, 2004); consumer
protection provisions in other rules at 69 FR 43347
(July 20, 2004); and money laundering and safety
and soundness and securities rules at 70 FR 5571
(February 3, 2005).
E:\FR\FM\31AUR1.SGM
31AUR1
]]>Agencies
[Federal Register Volume 70, Number 168 (Wednesday, August 31, 2005)]
[Rules and Regulations]
[Pages 51581-51582]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17293]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Chapter I
Energy Policy Act of 2005 Requirements; Treatment of Accelerator-
Produced and Other Radioactive Material as Byproduct Material; Waiver
AGENCY: Nuclear Regulatory Commission.
ACTION: Time-limited waiver of Energy Policy Act of 2005 requirements.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission (NRC) is issuing a time-
limited waiver of the requirements enacted by section 651(e) of the
Energy Policy Act of 2005, titled ``Treatment of Accelerator-Produced
and Other Radioactive Material as Byproduct Material'', as they pertain
to byproduct material as defined in paragraphs (3) and (4) of section
11 e. of the Atomic Energy Act of 1954, as added by section 651(e). The
waiver will allow persons owning, using, and otherwise engaging in
activities involving the material to continue with their activities and
States to continue to regulate this material during the applicable
waiver period.
DATES: This waiver is effective August 31, 2005. This waiver is
effective through August 7, 2006, for the import and export of
materials covered by the waiver, unless terminated sooner if the
Commission determines that an earlier termination is warranted. For all
other matters, it is effective through August 7, 2009, unless
terminated sooner if the Commission determines that an earlier
termination is warranted or required.
FOR FURTHER INFORMATION CONTACT: Susan Chidakel, Office of the General
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,
telephone (301) 415-1535, e-mail ssc@nrc.gov or Merri Horn, Office of
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, telephone (301) 415-8126, e-
mail, mlh1@nrc.gov.
SUPPLEMENTARY INFORMATION: The President of the United States signed
the Energy Policy Act of 2005 on August 8, 2005. The provisions of the
Act became effective immediately, unless another effective date was
expressly provided. Since no effective date was stated for the
provisions of section 651(e) of the Act, section 651(e) became
effective immediately, and brought byproduct material, as defined in
paragraphs (3) and (4) of section 11 e. of the Atomic Energy Act of
1954 (42 U.S.C. 2201 et seq.), as added by section 651(e)(1), under the
immediate regulatory authority of the Nuclear Regulatory Commission.
Section 11 e.(3) of the Atomic Energy Act of 1954 now includes as
byproduct material: (i) any discrete source of radium-226 that is
produced, extracted, or converted after extraction (before, on, or
after the date of enactment of section 651(e) of the Energy Policy Act
of 2005), for use for a commercial, medical, or research activity; and
(ii) any material that has been made radioactive by use of a particle
accelerator and is produced, extracted, or converted after extraction
(before, on, or after the date of enactment of section 651(e) of the
Energy Policy Act of 2005), for use for a commercial, medical, or
research activity. Section 11 e.(4) expands the definition to include
any discrete source of naturally occurring radioactive material, other
than source material, if certain conditions are met. Section 11 e.(4)
is considered to be a place-holder and NRC staff does not anticipate a
need for active regulation of the latter material at this time.
Prior to enactment of the Energy Policy Act of 2005, the NRC did
not have authority over the newly covered byproduct material, and it
fell under the authority of the States. Therefore, the NRC does not
currently have regulations in place that would specifically apply to
the material. With the enactment of the Energy Policy Act of 2005, the
States may no longer assert the authority to regulate the newly covered
byproduct material, except as authorized to do so by the Act.
The Energy Policy Act of 2005 allows the Commission up to 18 months
after the date of enactment to issue final regulations for the newly
covered byproduct material. To facilitate an orderly transition of
regulatory authority with respect to the newly defined byproduct
material, the Act also provides for preparation and publication of a
transition plan for States that have not previously entered into an
Agreement with the Commission under section 274 b of the Atomic Energy
Act and for those States that have entered into such an Agreement.
However, neither the regulations nor the transition plan have yet been
developed. Until such time as the regulations and transition plan have
been completed and are in place, persons that engage in activities
involving the material will want to continue with their activities.
To ease the transition period from individualized State programs to
a more uniform regulatory program developed under the Atomic Energy Act
and its section 274b Agreement State Program, section 651(e) of the
Energy Policy Act of 2005 authorizes the Commission to issue waivers of
its authority. Waivers of the Commission's jurisdiction will permit
existing State authorities to continue. Ultimate transition from NRC to
State authority for those States with an existing Agreement State
program is expected to proceed easily. For States without such programs
currently, that want to enter into an agreement with the NRC, this
waiver period will permit them to go through the processes necessary to
establish and carry out an Agreement State program to regulate this
material after the waiver period expires.
Section 651(e)(5) authorizes the Commission to grant a waiver to
any entity of any requirement under section 651(e) with respect to a
matter relating to the newly defined byproduct material, except as
required by section 651(e)(5)(B)(i)(l). Thus, such a waiver can also be
granted to entities that engage in activities involving the material.
Without the waiver, States that seek to continue regulation of the
material would be, and persons that carry on activities involving the
newly defined byproduct material could be, in technical violation of
the Atomic Energy Act of 1954, as amended by section 651(e) of the
Energy Policy Act of 2005.
[[Page 51582]]
The authorization to grant waivers is subject to the Commission's
determination that the waiver is in accordance with the protection of
the public health and safety and the promotion of the common defense
and security. The Commission has determined that there is no basis on
which to conclude that these materials will not continue to be used in
a manner that ensures that the public health and safety will be
protected while this waiver is in effect. The Energy Policy Act of 2005
also specifically requires the Commission to consider, in promulgating
regulations, the impact on the availability of radiopharmaceuticals to
physicians and to patients the medical treatment of which relies on
radiopharmaceuticals. The Commission believes that it is in the best
interests of the country to allow continued use of the newly defined
byproduct material in radiopharmaceuticals for medical purposes, and to
allow the States to continue to regulate the newly defined byproduct
material until the Commission can codify new regulations for these
materials.
In sum, the Commission currently does not have in place a specific
set of regulations to oversee the use of byproduct material as defined
in paragraphs (3) and (4) of section 11 e. of the Atomic Energy Act of
1954, as added by section 651(e) of the Energy Policy Act of 2005.
Granting of the waiver set forth at the end of this document will
allow, for the applicable waiver period, States to continue with their
programs, persons engaged in activities involving the newly defined
Atomic Energy Act byproduct material to continue their operations in a
safe manner, and continued access to medical radiopharmaceuticals. This
will also permit the Commission and States that currently do not have
Sec. 274i Agreement State regulatory programs, but wish to enter into
an agreement with the NRC, to appropriately address the newly defined
byproduct material. The Commission has determined that issuance of this
waiver is in accordance with the protection of the public health and
safety and the promotion of the common defense and security.
Waiver
Except as required by section 651(e)(5)(B)(i)(I), the Commission
hereby grants a waiver from the requirements of section 651(e) of the
Energy Policy Act of 2005, titled, ``Treatment of Accelerator-Produced
and Other Radioactive Material as Byproduct Material'', as follows:
(1) To all persons engaged in export from or import into the United
States of byproduct material as defined in section 11 e.(3) and (4) of
the Atomic Energy Act 1954, through August 7, 2006, unless terminated
sooner if the Commission determines that an earlier termination is
warranted; except that the requirements of the Department of Commerce
relating to export of such material will continue to apply to such
material during the waiver period;
(2) To all persons that acquire, deliver, receive, possess, own,
use, or transfer byproduct material as defined in section 11 e.(3) and
(4) of the Atomic Energy Act 1954, through August 7, 2009, unless
terminated sooner if the Commission determines that an earlier
termination is warranted; and
(3) To all States that have entered into an agreement with the
Commission under section 274 b. of the Atomic Energy Act of 1954 (42
U.S.C. 2014(e)) and to States that have not entered into such an
Agreement, through August 7, 2009, unless terminated sooner if the
Commission determines that an earlier termination is warranted; except
that such a waiver for an Agreement State will be terminated by the
Commission, if the Commission makes the determinations required by
section 651(e)(5)(B)(ii) of the Energy Policy Act of 2005.
Dated at Rockville, Maryland, this 25th day of August, 2005.
For the Nuclear Regulatory Commission.
Annette Vietti-Cook,
Secretary of the Commission.
[FR Doc. 05-17293 Filed 8-30-05; 8:45 am]
BILLING CODE 7590-01-P
