Minor Amendments, 15005-15012 [06-2856]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 71, Number 58 (Monday, March 27, 2006)]
[Rules and Regulations]
[Pages 15005-15012]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2856]



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Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Rules 
and Regulations

[[Page 15005]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 1, 13, 20, 30, 32, 35, 40, 55, 70, 73, 110, and 140

[3150-AH82]


Minor Amendments

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations to correct several miscellaneous errors in the Code of 
Federal Regulations (CFR), update the address for Region III, and 
remove all references to Subpart J in Parts 32 and 35. This document is 
necessary to inform the public of these minor changes to NRC 
regulations.

DATES: Effective Date: March 27, 2006.

FOR FURTHER INFORMATION CONTACT: Alzonia Shepard, Office of 
Administration, Rules and Directives Branch, Division of Administrative 
Services, Office of Administration, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Telephone (301) 415-6864; e-mail 
aws1@nrc.gov.

SUPPLEMENTARY INFORMATION:

Background

    The Nuclear Regulatory Commission is amending the regulations in 10 
CFR parts 1, 13, 20, 30, 32, 35, 40, 55, 70, 73, 110, and 140 to 
correct several miscellaneous errors in regulatory text, update the 
address for Region III, and remove all references to Subpart J in Parts 
32 and 35. The miscellaneous errors in CFR text occurred in the process 
of preparing and printing several rulemaking documents.
    Because these amendments constitute minor administrative 
corrections to the regulations, the notice and comment provisions of 
the Administrative Procedure Act do not apply pursuant to 5 U.S.C. 
553(b)(B). The amendments are effective upon publication in the Federal 
Register. Good cause exists under 5 U.S.C 553(d) to dispense with the 
usual 30-day delay in the effective date of the final rule, because the 
amendments are of a minor and administrative nature dealing with 
corrections to certain CFR sections, which do not require action by any 
person or entity regulated by the NRC. Nor does the final rule change 
the substantive responsibilities of any person or entity regulated by 
the NRC.

Summary of Changes

Removing All References to Subpart J

    Subpart J in 10 CFR Part 35 expired on October 24, 2005. Thus, 
Subject J is removed in its entirety. In addition, any references to 
Subpart J (i.e., Sec. Sec.  35.900 through 35.981) are also removed. As 
an example, in current Sec.  35.50(a)(2)(ii)(B), the phrase ``or, 
before October 24, 2005, Sec. Sec.  35.920, or 35.930'' is removed.
    The changes to remove references to Subpart J are made to the 
following sections: Sec.  32.72(b)(2)(ii); Sec.  35.2, the definitions 
of authorized medical physicist, authorized nuclear pharmacist, 
authorized user, and Radiation Safety Officer; Sec.  35.8(b); Sec.  
35.10(a), (b), (c); Sec.  35.13(b)(1), (2), (3); Sec.  
35.50(a)(2)(ii)(B); Sec.  35.51(a)(2)(ii), (b)(2); Sec.  35.59; Sec.  
35.100(b)(2); Sec.  35.190(b), (c)(1)(ii), (c)(2); Sec.  35.200(b)(2); 
Sec.  35.290(b), (c)(1)(ii), (c)(2); Sec.  35.300(b)(2); Sec.  
35.390(b)(1)(ii), (b)(2); Sec.  35.392(b), (c)(2), (c)(3); Sec.  
35.394(b), (c)(2), (c)(3); Sec.  35.396(a), (b), (c), (d)(2); (d)(3); 
Sec.  35.490(b)(1)(ii), (b)(2), (b)(3); Sec.  35.491(a), (b)(3); and 
Sec.  35.690(b)(1)(ii), (b)(2), (b)(3).

Change Address of Region III, USNRC

    The address of the NRC Region III office has been changed. The new 
address is incorporated in the following sections: Sec.  1.5(b)(3), 
Appendix D to Part 20, Sec.  30.6(b)(2)(iii), Sec.  40.5(b)(2)(iii), 
Sec.  55.5(b)(2)(iii), Sec.  70.5(b)(2)(iii), and Appendix A to Part 
73.

Additional Changes

    1. Section 13.2 Definitions.
    Definition of Statement: In paragraph (b)(1), replace ``;'' by 
``,'' and in (b)(2), insert ``(i)'' in front of ``The authority, or'' 
and insert ``(ii)'' in front of ``Any State, * * *'' This change is to 
clarify this paragraph.
    2. Section 13.3 Basis for civil penalties and assessments.
    In current paragraph (a)(1)(iii), (B) and (C) are in the same 
subparagraph. In this final rule, (C) is separated from (B) to form a 
new subparagraph. This change is to clarify this paragraph.
    3. Section 13.8 Service of complaint.
    In paragraph (a), replace ``under receipt'' by ``upon receipt.'' 
This change is to clarify this paragraph.
    4. Appendix B of Part 20.
    In the Table of Elements, replace ``Thalium'' by ``Thulium'' for 
the element Tm with Atomic Number 69. This change is to correct a 
typographical error.
    5. Section 32.74 Manufacture and distribution of sources or devices 
containing byproduct material for medical use.
    In paragraph (a), add ``transmission'' after ``calibration.'' This 
change is being made to correct the inadvertent omission of 
``transmission'' from this regulation and conform this regulation to 
the provisions in Sec.  35.65, Authorization for calibration, 
transmission, and reference sources.
    6. Section 35.2 Definitions.
    Under the definition of Medical event, add ``or (b)'' after ``Sec.  
35.3045(a).'' The words ``or (b)'' were inadvertently omitted.
    7. Section 35.14 Notifications.
    In current paragraph (b), a notification requirement was 
inadvertently omitted. In Sec.  35.24, ``Authority and responsibilities 
for the radiation protection program,'' paragraph (c) states: ``For up 
to 60 days each year, a licensee may permit an AU * * * to function as 
a temporary RSO * * *, if the licensee * * * notifies the Commission in 
accordance with 35.14(b).'' However, current 35.14(b) does not contain 
this notification requirement. Thus, to correct this oversight, the 
notification requirement is added to Sec.  35.14(b) to conform to Sec.  
35.24(c).
    8. Section 35.49 Suppliers for sealed sources or devices for 
medical use. Section 35.65 Authorization for calibration, transmission, 
and reference sources.
    In Sec.  35.49(b), add ``or an Agreement State medical use 
licensee'' after ``a Part 35 licensee.'' This is to correct the 
inadvertent omission of the reference to

[[Page 15006]]

Agreement State licensees in this paragraph.
    Similarly, in Sec.  35.65(b), add ``or equivalent Agreement State 
regulations'' after ``under Sec.  32.74 of this chapter.''
    9. Section 35.290 Training for imaging and localization studies.
    In paragraph (a)(1), replace ``uptake, dilution, and excretion 
studies'' by ``imaging and localization studies.'' This is to correct a 
typographical error and to conform this paragraph to the heading of 
this section. Training for ``uptake, dilution, and excretion studies'' 
is specified under Sec.  35.190.
    10. Section 35.390 Training for use of unsealed byproduct material 
for which a written directive is required.
    Section 35.396 Training for parenteral administration of unsealed 
byproduct material requiring a written directive.
    In paragraph 35.390(b)(1)(ii)(G)(3), add ``,'' after ``any beta 
emitter.'' The comma was inadvertently omitted. Addition of the comma 
clarifies that the phrase ``with a photon energy less than 150 keV'' 
applies only to photon-emitting radionuclides, not to any of the beta 
emitters.
    Similarly, in Sec.  35.696(d)(1), (d)(2), and (d)(2)(vi), add ``,'' 
after ``any beta emitter.''
    11. Section 70.14 Foreign military aircraft.
    Replace ``49 U.S.C. 1508(a)'' by ``49 U.S.C. 40103(d).'' This 
change is to correct an error in citation to a statute.
    12. Section 110.40 Commission review.
    In paragraph 110.40(b)(7)(v), remove ``1,000 curies of tritium'' 
and add in its place ``37 TBq (1,000 curies) of tritium.'' This change 
is to correct a typographical error in a prior amendatory instruction. 
In a correction to a final rule entitled ``Export and Import of 
Radioactive Materials: Security Policies: Correction,'' published on 
August 9, 2005 (70 FR 46066), under Sec.  110.40, the amendatory 
language stated: ``In Sec.  110.40, paragraph (b)(7)(iv) is amended by 
removing `1,000 curies of tritium' and adding in its place `37 TBq 
(1,000 curies) of tritium.' '' The reference to the paragraph was 
inadvertently entered as (b)(7)(iv), rather than (b)(7)(v). This change 
is being resubmitted to provide the correct amendatory instruction.
    13. Section 140.21 License guarantees of payment of deferred 
premiums.
    In the introductory text, replace ``$10 million'' by ``$15 
million.'' This change is to correct an error. In the Federal Register 
notice published on October 27, 2005, regarding Price-Anderson Act 
Financial Protection Regulations and Elimination of Antitrust Reviews, 
``$10 million'' was inadvertently allowed to remain in the rule text, 
rather than being changed to ``$15 million'' in conformity with the 
statute.

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

    This final rule does not contain new or amended information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the 
Office of Management and Budget, approval numbers 3150-0014, 3150-0017, 
3150-0001, 3150-0010, 3150-0020, 3150-0018, 3150-0009, 3150-0002, 3150-
0036, and 3150-0039.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information of an information collection 
requirement unless the requesting document displays a currently valid 
OMB control number.

List of Subjects

10 CFR Part 1

    Organization and functions (Government Agencies).

10 CFR Part 13

    Claims, Fraud, Organization and function (government agencies), 
Penalties.

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, Source material, Special nuclear 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 32

    Byproduct material, Criminal penalties, Labeling, Nuclear 
materials, Radiation protection, Reporting and recordkeeping 
requirements.

10 CFR Part 35

    Byproduct material, Criminal penalties, Drugs, Health facilities, 
Health professions, Medical devices, Nuclear materials, Occupational 
safety and health, 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, Export, Hazardous materials transportation, 
Import, Nuclear materials, Nuclear power plants and reactors, Reporting 
and recordkeeping requirements, Security measures.

10 CFR Part 110

    Administrative practice and procedure, Classified information, 
Criminal penalties, Export, Import, Intergovernmental relations, 
Nuclear materials, Nuclear power plants and reactors, Reporting and 
recordkeeping requirements, Scientific equipment.

10 CFR Part 140

    Criminal penalties, Extraordinary nuclear occurrence, Insurance, 
Intergovernmental relations, Nuclear materials, Nuclear power plants 
and reactors, Reporting and recordkeeping requirements.

0
For the reasons set forth 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

[[Page 15007]]

amendments to 10 CFR parts 1, 13, 20, 30, 32, 35, 40, 55, 70, 73, 110 
and 140.

PART 1--STATEMENT OF ORGANIZATION AND GENERAL INFORMATION

0
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.


0
2. In Sec.  1.5, paragraph (b)(3) is revised to read as follows:


Sec.  1.5  Location of principal offices and Regional offices.

* * * * *
    (b) * * *
    (3) Region III, USNRC, 2443 Warrenville Road, Suite 210, Lisle, IL 
60532-4352.
* * * * *

PART 13--PROGRAM FRAUD CIVIL REMEDIES

0
3. The authority citation for part 13 continues to read as follows:


    Authority: Public Law 99-509, sec. 6101-6104, 100 Stat. 1874 (31 
U.S.C. 3801-3812). Sections 13.13 (a) and (b) also issued under 
section Pub. L. 101-410, 104 Stat. 890, as amended by section 
31001(s), Pub. L. 104-134, 110 Stat. 1321-373 (28 U.S.C. 2461 note).


0
4. In Sec.  13.2, the definition ``Statement,'' paragraphs (b)(1) and 
(b)(2) are revised to read as follows:

13.2  Definitions.

* * * * *
    Statement means--* * *
    (b) * * *
    (1) A contract with, or a bid or proposal for a contract with, or
    (2) A grant, loan, or benefit from,
    (i) The authority, or
    (ii) Any State, political subdivision of a State, or other party, 
if the United States government provides any portion of the money or 
property under such contract or for such grant, loan, or benefit, or if 
the Government will reimburse such State, political subdivision, or 
party for any portion of the money or property under such contract or 
for such grant, loan, or benefit.

0
5. In Sec.  13.3, paragraphs (a)(1)(iii)(B) and (C) are revised to read 
as follows:


Sec.  13.3  Basis for civil penalties and assessments.

    (a) * * *
    (1) * * *
    (iii) * * *
    (B) Is false, fictitious, or fraudulent as a result of such 
omission; and
    (C) Is a statement in which the person making such statement has a 
duty to include such material fact; or
* * * * *

0
6. In Sec.  13.8, paragraph (a) is revised to read as follows:


Sec.  13.8  Service of complaint.

    (a) Service of a complaint must be made by certified or registered 
mail or by delivery in any manner authorized by Rule 4(d) of the 
Federal Rules of Civil Procedure. Service is complete upon receipt.
* * * * *

PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION

0
7. 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, sec. 1701, 
106 Stat. 2951, 2952, 2953 (42 U.S.C. 2073, 2093, 2095, 2111, 2133, 
2134, 2201, 2232, 2236, 2297f), secs. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); 
sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).

Appendix B to Part 20--Annual Limits on Intake (ALIs) and Derived Air 
Concentrations (DACs) of Radionuclides for Occupational Exposure; 
Effluent Concentrations; Concentrations for Release to Sewerage 
[Amended]

0
8. In Appendix B to Part 20, ``List of Elements'', the Element 
``Thalium,'' Atomic Number 69, should be changed to read as 
``Thulium.''
0
9. In the Appendix D to Part 20, second column, the address for Region 
III is revised to read as follows:

Appendix D to Part 20--United States Nuclear Regulatory Commission 
Regional Offices

* * * * *
    USNRC, Region III, 2443 Warrenville Road, Suite 210, Lisle, IL 
60532-4352.
* * * * *

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

0
10. 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); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
    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).


0
11. In Sec.  30.6, paragraph (b)(2)(iii), is revised to read as 
follows:


Sec.  30.6  Communications.

* * * * *
    (b) * * *
    (2) * * *
    (iii) Region III. The regional licensing program involves all 
Federal facilities in the region and non-Federal licensees in the 
following Region III non-Agreement States: Indiana, Michigan, 
Minnesota, Missouri, Ohio, and Wisconsin. 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 III, Material 
Licensing Section, 2443 Warrenville Road, Suite 210, Lisle, IL 60532-
4352; where e-mail is appropriate it should be addressed to 
RidsRgn3MailCenter@nrc.gov.
* * * * *

PART 32--SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER 
CERTAIN ITEMS CONTAINING BYPRODUCT

0
12. The authority citation for part 32 continues to read as follows:

    Authority: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954, 
as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat. 
1242, as amended (42 U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44 
U.S.C. 3504 note).


0
13. In Sec.  32.72, paragraph (b)(2)(ii) is revised to read as follows:


Sec.  32.72  Manufacture, preparation, or transfer for commercial 
distribution of radioactive drugs containing byproduct material for 
medical use under part 35.

* * * * *
    (b) * * *
    (2) * * *
    (ii) This individual meets the requirements specified in 10 CFR 
35.55(b) and 35.59 and the licensee has received an approved license 
amendment identifying this individual as an authorized nuclear 
pharmacist, or
* * * * *

[[Page 15008]]


0
14. In Sec.  32.74, the introductory text of paragraph (a) is revised 
to read as follows:


Sec.  32.74  Manufacture and distribution of sources or devices 
containing byproduct material for medical use.

    (a) An application for a specific license to manufacture and 
distribute sources and devices containing byproduct material to persons 
licensed pursuant to part 35 of this chapter for use as a calibration, 
transmission, or reference source or for the uses listed in Sec. Sec.  
35.400, 35.500, and 35.600 of this chapter will be approved if:
* * * * *

PART 35--MEDICAL USE OF BYPRODUCT MATERIAL

0
15. The authority citation for part 35 continues to read as follows:


    Authority: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954, 
as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat. 
1242, as amended (42 U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44 
U.S.C. 3504 note).


0
16. In Sec.  35.2, paragraph (1) of the definitions for the terms 
``Authorized medical physicist,'' ``Authorized nuclear pharmacist,'' 
``Authorized user,'' ``Radiation Safety Officer'' and for ``Medical 
event'' are revised to read as follows:


Sec.  35.2  Definitions.

* * * * *
    Authorized medical physicist means an individual who--
    (1) Meets the requirements in Sec. Sec.  35.51(a) and 35.59; or
* * * * *
    Authorized nuclear pharmacist means a pharmacist who--
    (1) Meets the requirements in Sec. Sec.  35.55(a) and 35.59; or
* * * * *
    Authorized user means a physician, dentist, or podiatrist who--
    (1) Meets the requirements in Sec. Sec.  35.59 and 35.190(a), 
35.290(a), 35.390(a), 35.392(a), 35.394(a), 35.490(a), 35.590(a), or 
35.690(a); or
* * * * *
    Medical event means an event that meets the criteria in Sec.  
35.3045(a) or (b).
* * * * *
    Radiation Safety Officer means an individual who--
    (1) Meets the requirements in Sec. Sec.  35.50(a) or (c)(1) and 
35.59; or
* * * * *
0
17. In Sec.  35.8, paragraph (b) is revised to read as follows:


Sec.  35.8  Information collection requirements: OMB approval.

* * * * *
    (b) The approved information collection requirements contained in 
this part appear in Sec. Sec.  35.6, 35.12, 35.13, 35.14, 35.19, 35.24, 
35.26, 35.27, 35.40, 35.41, 35.50, 35.51, 35.55, 35.60, 35.61, 35.63, 
35.67, 35.69, 35.70, 35.75, 35.80, 35.92, 35.190, 35.204, 35.290, 
35.310, 35.315, 35.390, 35.392, 35.394, 35.396, 35.404, 35.406, 35.410, 
35.415, 35.432, 35.433, 35.490, 35.491, 35.590, 35.604, 35.605, 35.610, 
35.615, 35.630, 35.632, 35.633, 35.635, 35.642, 35.643, 35.645, 35.647, 
35.652, 35.655, 35.690, 35.1000, 35.2024, 35.2026, 35.2040, 35.2041, 
35.2060, 35.2061, 35.2063, 35.2067, 35.2070, 35.2075, 35.2080, 35.2092, 
35.2204, 35.2310, 35.2404, 35.2406, 35.2432, 35.2433, 35.2605, 35.2610, 
35.2630, 35.2632, 35.2642, 35.2643, 35.2645, 35.2647, 35.2652, 35.2655, 
35.3045, 35.3047 and 35.3067.
* * * * *


Sec.  35.10  [Amended]

0
18. In Sec.  35.10, paragraphs (a), (b), and (c) are removed and 
reserved.
0
19. In Sec.  35.13, paragraphs (b)(1), (b)(2), and (b)(3) are revised 
to read as follows:


Sec.  35.13  License amendments.

* * * * *
    (b) * * *
    (1) For an authorized user, an individual who meets the 
requirements in Sec. Sec.  35.59 and 35.190(a), 35.290(a), 35.390(a), 
35.392(a), 35.394(a), 35.490(a), 35.590(a), and 35.690(a);
    (2) For an authorized nuclear pharmacist, an individual who meets 
the requirements in Sec. Sec.  35.55(a) and 35.59;
    (3) For an authorized medical physicist, an individual who meets 
the requirements in Sec. Sec.  35.51(a) and (c) and 35.59;
* * * * *

0
20. In Sec.  35.14, paragraphs (b)(2), (b)(3), and (b)(4), are 
redesignated as (b)(3), (b)(4) and (b)(5), and a new paragraph (b)(2) 
is added to read as follows:


Sec.  35.14  Notifications.

* * * * *
    (b) * * *
    (2) The licensee permits an authorized user or an individual 
qualified to be a Radiation Safety Officer, under Sec. Sec.  35.50 and 
35.59, to function as a temporary Radiation Safety Officer and to 
perform the functions of a Radiation Safety Officer in accordance with 
Sec.  35.24(c).
* * * * *

0
21. In Sec.  35.49, paragraph (b) is revised to read as follows:


Sec.  35.49  Suppliers for sealed sources or devices for medical use.

* * * * *
    (b) Sealed sources or devices non-commercially transferred from a 
Part 35 licensee or an Agreement State medical use licensee.
* * * * *

0
22. In Sec.  35.50, paragraph (a)(2)(ii)(B) is revised to read as 
follows:


Sec.  35.50  Training for Radiation Safety Officer.

* * * * *
    (a) * * *
    (2) * * *
    (ii) * * *
    (B) In clinical nuclear medicine facilities providing diagnostic 
and/or therapeutic services under the direction of physicians who meet 
the requirements for authorized users in Sec. Sec.  35.290 or 35.390;
* * * * *
0
23. In Sec.  35.51, paragraphs (a)(2)(ii) and (b)(2) are revised to 
read as follows:


Sec.  35.51  Training for an authorized medical physicist.

    (a) * * *
    (2) * * *
    (ii) In clinical radiation facilities providing high-energy, 
external beam therapy (photons and electrons with energies greater than 
or equal to 1 million electron volts) and brachytherapy services under 
the direction of physicians who meet the requirements for authorized 
users in Sec. Sec.  35.490 or 35.690; and
* * * * *
    (b) * * *
    (2) Has obtained written attestation that the individual has 
satisfactorily completed the requirements in paragraphs (c) and (a)(1) 
and (2), or (b)(1) and (c) of this section, and has achieved a level of 
competency sufficient to function independently as an authorized 
medical physicist for each type of therapeutic medical unit for which 
the individual is requesting authorized medical physicist status. The 
written attestation must be signed by a preceptor authorized medical 
physicist who meets the requirements in Sec.  35.51, or equivalent 
Agreement State requirements for an authorized medical physicist for 
each type of therapeutic medical unit for which the individual is 
requesting authorized medical physicist status; and
* * * * *

0
24. Section 35.59 is revised to read as follows:


Sec.  35.59  Recentness of training.

    The training and experience specified in Subparts B, D, E, F, G, 
and H of this part must have been obtained within the 7 years preceding 
the date of application or the individual must have had related 
continuing education and experience

[[Page 15009]]

since the required training and experience was completed.

0
25. In Sec.  35.65, paragraph (b) is revised to read as follows:


Sec.  35.65  Authorization for calibration, transmission, and reference 
sources.

* * * * *
    (b) Sealed sources, not exceeding 1.11 GBq (30 mCi) each, 
redistributed by a licensee authorized to redistribute the sealed 
sources manufactured and distributed by a person licensed under Sec.  
32.74 of this chapter or equivalent Agreement State regulations, 
providing the redistributed sealed sources are in the original 
packaging and shielding and are accompanied by the manufacturer's 
approved instructions.
* * * * *

0
26. In Sec.  35.100, paragraph (b)(2) is revised to read as follows:


Sec.  35.100  Use of unsealed byproduct material for uptake, dilution, 
and excretion studies for which a written directive is not required.

* * * * *
    (b) * * *
    (2) A physician who is an authorized user and who meets the 
requirements specified in Sec. Sec.  35.290, or 35.390 and 
35.290(c)(1)(ii)(G); or
* * * * *

0
27. In Sec.  35.190, paragraphs (b), (c)(1)(ii) and (c)(2) are revised 
to read as follows:


Sec.  35.190  Training for uptake, dilution, and excretion studies.

* * * * *
    (b) Is an authorized user under Sec. Sec.  35.290, 35.390, or 
equivalent Agreement State requirements; or (c)(1)* * *
    (ii) Work experience, under the supervision of an authorized user 
who meets the requirements in Sec. Sec.  35.190, 35.290, 35.390, or 
equivalent Agreement State requirements, involving--
* * * * *
    (2) Has obtained written attestation, signed by a preceptor 
authorized user who meets the requirements in Sec. Sec.  35.190, 
35.290, or 35.390, or equivalent Agreement State requirements, that the 
individual has satisfactorily completed the requirements in paragraph 
(a)(1) or (c)(1) of this section and has achieved a level of competency 
sufficient to function independently as an authorized user for the 
medical uses authorized under Sec.  35.100.

0
28. In Sec.  35.200, paragraph (b)(2) is revised to read as follows:


Sec.  35.200  Use of unsealed byproduct material for imaging and 
localization studies for which a written directive is not required.

* * * * *
    (b) * * *
    (2) A physician who is an authorized user and who meets the 
requirements specified in Sec.  35.290, or 35.390 and 
35.290(c)(1)(ii)(G); or
* * * * *
0
29. In Sec.  35.290, paragraphs (a)(1), (b), the introductory text of 
paragraph (c)(1)(ii) and paragraph (c)(2) are revised to read as 
follows:


Sec.  35.290  Training for imaging and localization studies.

    (a) * * *
    (1) Complete 700 hours of training and experience in basic 
radionuclide handling techniques and radiation safety applicable to the 
medical use of unsealed byproduct material for imaging and localization 
studies that includes the topics listed in paragraphs (c)(1)(i) and 
(c)(1)(ii) of this section; and
* * * * *
    (b) Is an authorized user under Sec.  35.390 and meets the 
requirements in Sec.  35.290(c)(1)(ii)(G), or equivalent Agreement 
State requirements; or
    (c)(1) * * *
    (ii) Work experience, under the supervision of an authorized user, 
who meets the requirements in Sec. Sec.  35.290, or 
35.290(c)(1)(ii)(G), and 35.390, or equivalent Agreement State 
requirements, involving--
* * * * *
    (2) Has obtained written attestation, signed by a preceptor 
authorized user who meets the requirements in Sec. Sec.  35.290, or 
35.390 and 35.290(c)(1)(ii)(G), or equivalent Agreement State 
requirements, that the individual has satisfactorily completed the 
requirements in paragraph (a)(1) or (c)(1) of this section and has 
achieved a level of competency sufficient to function independently as 
an authorized user for the medical uses authorized under Sec. Sec.  
35.100 and 35.200.

0
30. In Sec.  35.300, paragraph (b)(2) is revised to read as follows:


Sec.  35.300  Use of unsealed byproduct material for which a written 
directive is required.

* * * * *
    (b) * * *
    (2) A physician who is an authorized user and who meets the 
requirements specified in Sec. Sec.  35.290, 35.390, or
* * * * *

0
31. In Sec.  35.390, paragraphs (b)(1)(ii) introductory text, 
(b)(1)(ii)(G)(3), and (b)(2) are revised to read as follows:


Sec.  35.390  Training for use of unsealed byproduct material for which 
a written directive is required.

* * * * *
    (b)(1) * * *
    (ii) Work experience, under the supervision of an authorized user 
who meets the requirements in Sec.  35.390, or equivalent Agreement 
State requirements. A supervising authorized user, who meets the 
requirements in Sec.  35.390(b), must also have experience in 
administering dosages in the same dosage category or categories (i.e., 
Sec.  35.390(b)(1)(ii)(G)) as the individual requesting authorized user 
status. The work experience must involve--
* * * * *
    (G) * * *
    (3) Parenteral administration of any beta emitter, or a photon-
emitting radionuclide with a photon energy less than 150 keV, for which 
a written directive is required; and/or
* * * * *
    (2) Has obtained written attestation that the individual has 
satisfactorily completed the requirements in paragraphs (a)(1) and 
(b)(1)(ii)(G) or (b)(1) of this section, and has achieved a level of 
competency sufficient to function independently as an authorized user 
for the medical uses authorized under Sec.  35.300. The written 
attestation must be signed by a preceptor authorized user who meets the 
requirements in Sec.  35.390 or equivalent Agreement State 
requirements. The preceptor authorized user, who meets the requirements 
in Sec.  35.390(b) must have experience in administering dosages in the 
same dosage category or categories (i.e., Sec.  35.390(b)(1)(ii)(G)) as 
the individual requesting authorized user status.

0
32. In Sec.  35.392, paragraph (b), the introductory text of paragraph 
(c)(2) and paragraph (c)(3) are revised to read as follows:


Sec.  35.392  Training for the oral administration of sodium iodide I-
131 requiring a written directive in quantities less than or equal to 
1.22 gigabecquerels (33 millicuries).

* * * * *
    (b) Is an authorized user under Sec.  35.390 for uses listed in 
Sec.  35.390(b)(1)(ii)(G)(1) or (2), Sec.  35.394, or equivalent 
Agreement State requirements; or
    (c) * * *
    (2) Has work experience, under the supervision of an authorized 
user who meets the requirements in Sec. Sec.  35.390, 35.392, 35.394, 
or equivalent Agreement State requirements. A supervising authorized 
user who meets the requirements in Sec.  35.390(b) must also

[[Page 15010]]

have experience in administering dosages as specified in Sec.  
35.390(b)(1)(ii)(G)(1) or (2). The work experience must involve--
* * * * *
    (3) Has obtained written attestation that the individual has 
satisfactorily completed the requirements in paragraphs (c)(1) and 
(c)(2) of this section, and has achieved a level of competency 
sufficient to function independently as an authorized user for medical 
uses authorized under Sec.  35.300. The written attestation must be 
signed by a preceptor authorized user who meets the requirements in 
Sec. Sec.  35.390, 35.392, 35.394, or equivalent Agreement State 
requirements. A preceptor authorized user, who meets the requirement in 
Sec.  35.390(b), must also have experience in administering dosages as 
specified in Sec.  35.390(b)(1)(ii)(G)(1) or (2).

0
33. In Sec.  35.394, paragraph (b), the introductory text of paragraph 
(c)(2), and paragraph (c)(3) are revised to read as follows:


Sec.  35.394  Training for the oral administration of sodium iodide I-
131 requiring a written directive in quantities greater than 1.22 
gigabecquerels (33 millicuries).

* * * * *
    (b) Is an authorized user under Sec.  35.390 for uses listed in 
Sec.  35.390(b)(1)(ii)(G)(2) or equivalent Agreement State 
requirements; or
    (c) * * *
    (2) Has work experience, under the supervision of an authorized 
user who meets the requirements in Sec. Sec.  35.390, 35.394, or 
equivalent Agreement State requirements. A supervising authorized user, 
who meets the requirements in Sec.  35.390(b), must also have 
experience in administering dosages as specified in Sec.  
35.390(b)(1)(ii)(G)(2). The work experience must involve--
* * * * *
    (3) Has obtained written attestation that the individual has 
satisfactorily completed the requirements in paragraphs (c)(1) and 
(c)(2) of this section, and has achieved a level of competency 
sufficient to function independently as an authorized user for medical 
uses authorized under Sec.  35.300. The written attestation must be 
signed by a preceptor authorized user who meets the requirements in 
Sec. Sec.  35.390, 35.394, or equivalent Agreement State requirements. 
A preceptor authorized user, who meets the requirements in Sec.  
35.390(b), must also have experience in administering dosages as 
specified in Sec.  35.390(b)(1)(ii)(G)(2).

0
34. In Sec.  35.396, the introductory paragraph, paragraphs (a), (b), 
(c), the introductory text of paragraphs (d)(1) and (d)(2), paragraph 
(d)(2)(vi), and paragraph (d)(3) are revised to read as follows:


Sec.  35.396  Training for the parenteral administration of unsealed 
byproduct material requiring a written directive.

    Except as provided in Sec.  35.57, the licensee shall require an 
authorized user for the parenteral administration requiring a written 
directive, to be a physician who--
    (a) Is an authorized user under Sec.  35.390 for uses listed in 
Sec. Sec.  35.390(b)(1)(ii)(G)(3) or 35.390(b)(1)(ii)(G)(4), or 
equivalent Agreement State requirements; or
    (b) Is an authorized user under Sec. Sec.  35.490, 35.690, or 
equivalent Agreement State requirements and who meets the requirements 
in paragraph (d) of this section; or
    (c) Is certified by a medical specialty board whose certification 
process has been recognized by the Commission or an Agreement State 
under Sec. Sec.  35.490 or 35.690, and who meets the requirements in 
paragraph (d) of this section.
    (d)(1) Has successfully completed 80 hours of classroom and 
laboratory training, applicable to parenteral administrations, for 
which a written directive is required, of any beta emitter, or any 
photon-emitting radionuclide with a photon energy less than 150 keV, 
and/or parenteral administration of any other radionuclide for which a 
written directive is required. The training must include--
* * * * *
    (2) Has work experience, under the supervision of an authorized 
user who meets the requirements in Sec. Sec.  35.390, 35.396, or 
equivalent Agreement State requirements, in the parenteral 
administration, for which a written directive is required, of any beta 
emitter, or any photon-emitting radionuclide with a photon energy less 
than 150 keV, and/or parenteral administration of any other 
radionuclide for which a written directive is required. A supervising 
authorized user who meets the requirements in Sec.  35.390 must have 
experience in administering dosages as specified in Sec. Sec.  
35.390(b)(1)(ii)(G)(3) and/or 35.390(b)(1)(ii)(G)(4). The work 
experience must involve--
* * * * *
    (vi) Administering dosages to patients or human research subjects, 
that include at least 3 cases involving the parenteral administration, 
for which a written directive is required, of any beta emitter, or any 
photon-emitting radionuclide with a photon energy less than 150 keV 
and/or at least 3 cases involving the parenteral administration of any 
other radionuclide, for which a written directive is required; and
    (3) Has obtained written attestation that the individual has 
satisfactorily completed the requirements in paragraph (b) or (c) of 
this section, and has achieved a level of competency sufficient to 
function independently as an authorized user for the parenteral 
administration of unsealed byproduct material requiring a written 
directive. The written attestation must be signed by a preceptor 
authorized user who meets the requirements in Sec. Sec.  35.390, 
35.396, or equivalent Agreement State requirements. A preceptor 
authorized user, who meets the requirements in Sec.  35.390, must have 
experience in administering dosages as specified in Sec. Sec.  
35.390(b)(1)(ii)(G)(3) and/or 35.390(b)(1)(ii)(G)(4).

0
35. In Sec.  35.490, the introductory text of paragraph (b)(1)(ii), and 
paragraphs (b)(2), and (b)(3) are revised to read as follows:


Sec.  35.490  Training for use of manual brachytherapy sources.

* * * * *
    (b)(1) * * *
    (ii) 500 hours of work experience, under the supervision of an 
authorized user who meets the requirements in Sec.  35.490 or 
equivalent Agreement State requirements at a medical institution, 
involving--
* * * * *
    (2) Has completed 3 years of supervised clinical experience in 
radiation oncology, under an authorized user who meets the requirements 
in Sec.  35.490 or equivalent Agreement State requirements, as part of 
a formal training program approved by the Residency Review Committee 
for Radiation Oncology of the Accreditation Council for Graduate 
Medical Education or the Royal College of Physicians and Surgeons of 
Canada or the Committee on Postdoctoral Training of the American 
Osteopathic Association. This experience may be obtained concurrently 
with the supervised work experience required by paragraph (b)(1)(ii) of 
this section; and
    (3) Has obtained written attestation, signed by a preceptor 
authorized user who meets the requirements in Sec.  35.490 or 
equivalent Agreement State requirements, that the individual has 
satisfactorily completed the requirements in paragraphs (a)(1), or 
(b)(1) and (b)(2) of this section and has achieved a level of 
competency sufficient to function independently as an authorized user 
of manual brachytherapy sources for the medical uses authorized under 
Sec.  35.400.

[[Page 15011]]


0
36. In Sec.  35.491, paragraphs (a) and (b)(3) are revised to read as 
follows:


Sec.  35.491  Training for ophthalmic use of strontium-90.

* * * * *
    (a) Is an authorized user under Sec.  35.490 or equivalent 
Agreement State requirements; or
    (b) * * *
    (3) Has obtained written attestation, signed by a preceptor 
authorized user who meets the requirements in Sec. Sec.  35.490, 
35.491, or equivalent Agreement State requirements, that the individual 
has satisfactorily completed the requirements in paragraphs (a) and (b) 
of this section and has achieved a level of competency sufficient to 
function independently as an authorized user of strontium-90 for 
ophthalmic use.

0
37. In Sec.  35.690, the introductory text of paragraph (b)(1)(ii), and 
paragraphs (b)(2), and (b)(3) are revised to read as follows:


Sec.  35.690  Training for use of remote afterloader units, teletherapy 
units, and gamma stereotactic radiosurgery units.

* * * * *
    (b)(1) * * *
    (ii) 500 hours of work experience, under the supervision of an 
authorized user who meets the requirements in Sec.  35.690 or, 
equivalent Agreement State requirements at a medical institution, 
involving--
* * * * *
    (2) Has completed 3 years of supervised clinical experience in 
radiation therapy, under an authorized user who meets the requirements 
in Sec.  35.690 or equivalent Agreement State requirements, as part of 
a formal training program approved by the Residency Review Committee 
for Radiation Oncology of the Accreditation Council for Graduate 
Medical Education or the Royal College of Physicians and Surgeons of 
Canada or the Committee on Postdoctoral Training of the American 
Osteopathic Association. This experience may be obtained concurrently 
with the supervised work experience required by paragraph (b)(1)(ii) of 
this section; and
    (3) Has obtained written attestation that the individual has 
satisfactorily completed the requirements in paragraphs (a)(1) or 
(b)(1) and (b)(2), and (c) of this section, and has achieved a level of 
competency sufficient to function independently as an authorized user 
of each type of therapeutic medical unit for which the individual is 
requesting authorized user status. The written attestation must be 
signed by a preceptor authorized user who meets the requirements in 
Sec.  35.690 or equivalent Agreement State requirements for an 
authorized user for each type of therapeutic medical unit for which the 
individual is requesting authorized user status; and
* * * * *

Subpart J--[Removed and Reserved]

0
38. Subpart J is removed and reserved.

PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL

0
39. 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); sec. 193, 104 Stat. 2835, as 
amended by Pub. L. 104-134, 110 Stat. 1321, 1321-349 (42 U.S.C. 
2243); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).

    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).


0
40. In Sec.  40.5, paragraph (b)(2)(iii), is revised to read as 
follows:


Sec.  40.5  Communications.

* * * * *
    (b) * * *
    (2) * * *
    (iii) Region III. The regional licensing program involves all 
Federal facilities in the region and non-Federal licensees in the 
following Region III non-Agreement States: Indiana, Michigan, 
Minnesota, Missouri, Ohio, and Wisconsin. 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 III, Material Licensing Section, 2443 
Warrenville Road, Suite 210, Lisle, IL 60532-4352; where e-mail is 
appropriate it should be addressed to RidsRgn3MailCenter@nrc.gov.
* * * * *

PART 55--OPERATORS' LICENSES

0
41. 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); sec. 1704, 112 Stat. 2750 (44 U.S.C. 
3504 note).

    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).


0
42. In Sec.  55.5, paragraph (b)(2)(iii), is revised to read as 
follows:


Sec.  55.5  Communications.

* * * * *
    (b) * * *
    (2) * * *
    (iii) If the nuclear power reactor is located in Region III, 
submissions must be made to the Regional Administrator of Region III. 
Submissions by mail or hand delivery must be addressed to the 
Administrator at U.S. Nuclear Regulatory Commission, 2443 Warrenville 
Road, Suite 210, Lisle, IL 60532-4352; where e-mail is appropriate it 
should be addressed to RidsRgn3MailCenter@nrc.gov.
* * * * *

PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

0
43. 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, 2297f); secs. 201, as amended, 
202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42 
U.S.C. 5841, 5842, 5845, 5846). Sec. 193, 104 Stat. 2835 as amended 
by Pub. L. 104-134, 110 Stat. 1321, 1321-349 (42 U.S.C. 2243); sec. 
1704, 112 Stat. 2750 (44 U.S.C. 3504 note).

    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. 93-377, 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).


0
44. In Sec.  70.5, paragraph (b)(2)(iii) is revised to read as follows:

[[Page 15012]]

Sec.  70.5  Communications.

* * * * *
    (b) * * *
    (2) * * *
    (iii) Region III. The regional licensing program involves all 
Federal facilities in the region and non-Federal licensees in the 
following Region III non-Agreement States: Indiana, Michigan, 
Minnesota, Missouri, Ohio, and Wisconsin. 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 III, Material Licensing Section, 2443 
Warrenville Road, Suite 210, Lisle, IL 60532-4352; where e-mail is 
appropriate it should be addressed to RidsRgn3MailCenter@nrc.gov.
* * * * *

0
45. Section 70.14 is revised to read as follows:


Sec.  70.14  Foreign military aircraft.

    The regulations in this part do not apply to persons who carry 
special nuclear material (other than plutonium) in aircraft of the 
armed forces of foreign nations subject to 49 U.S.C. 40103(d).

PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS

0
46. The authority citation for part 73 continues to read as follows:


    Authority: Secs. 53, 161, 68 Stat. 930, 948, as amended, sec. 
147, 94 Stat. 780 (42 U.S.C. 2073, 2167, 2201); sec. 201, as 
amended, 204, 88 Stat. 1242, as amended, 1245, sec. 1701, 106 Stat. 
2951, 2952, 2953 (42 U.S.C. 5841, 5844, 2297f); sec. 1704, 112 Stat. 
2750 (44 U.S.C. 3504 note). 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).


0
47. In the Table, second column, in the table entitled ``Classified 
Mailing Addresses'' the address for Region III is revised to read as 
follows:

Appendix A to Part 73--U.S. Nuclear Regulatory Commission Offices and 
Classified Mailing Addresses

* * * * *
    USNRC, Region III, 2443 Warrenville, Road, Suite 210, Lisle, IL 
60532-4352.
* * * * *
    CLASSIFIED MAILING ADDRESSES
* * * * *
    USNRC, Region III, 2443 Warrenville, Road, Suite 210, Lisle, IL 
60532-4352.
* * * * *

PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL

0
48. The authority citation for part 110 continues to read as follows:


    Authority: Secs. 51, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104, 
109, 111, 126, 127, 128, 129, 161, 181, 182, 183, 187, 189, 68 Stat. 
929, 930, 931, 932, 933, 936, 937, 948, 953, 954, 955, 956, as 
amended (42 U.S.C. 2071, 2073, 2074, 2077, 2092-2095, 2111, 2112, 
2133, 2134, 2139, 2139a, 2141, 2154-2158, 2201, 2231-2233, 2237, 
2239); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841; sec. 5, 
Pub. L. 101-575, 104 Stat 2835 (42 U.S.C. 2243); sec. 1704, 112 
Stat. 2750 (44 U.S.C. 3504 note).

    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. 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.).


Sec.  110.40  [Amended]

0
49. In Sec.  110.40, paragraph (b)(7)(v) is amended by removing ``1,000 
curies of tritium'' and adding in its place ``37 TBq (1,000 curies) of 
tritium.''

PART 140--FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY 
AGREEMENTS

0
50. The authority citation for Part 140 continues to read as follows:

    Authority: Secs. 161, 170, 68 Stat. 948, 71 Stat. 576 as amended 
(42 U.S.C. 2201, 2210); secs. 201, as amended, 202, 88 Stat. 1242, 
as amended, 1244 (42 U.S.C. 5841, 5842); sec. 1704, 112 Stat. 2750 
(44 U.S.C. 3504 note); Pub. L. 109-58.


0
51. In Sec.  140.21, the introductory paragraph is revised to read as 
follows:


Sec.  140.21  Licensee guarantees of payment of deferred premiums.

    Each licensee required to have and maintain financial protection 
for each nuclear reactor as determined in Sec.  140.11(a)(4) shall at 
the issuance of the license and annually, on the anniversary of the 
date on which the indemnity agreement is effective, provide evidence to 
the Commission that it maintains one of the following types of 
guarantee of payment of deferred premium in an amount of $15 million 
for each reactor he is licensed to operate:
* * * * *

    Dated at Rockville, Maryland, this 20th day of March, 2006.

    For the Nuclear Regulatory Commission.
Michael T. Lesar,
Chief, Rules and Directives Branch, Division of Administrative 
Services, Office of Administration.
[FR Doc. 06-2856 Filed 3-24-06; 8:45 am]
BILLING CODE 7590-01-P