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Start Preamble
AGENCY:
Nuclear Regulatory Commission.
ACTION:
Final rule.
SUMMARY:
The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to make miscellaneous corrections. These changes include correcting typographical errors, removing obsolete language, inserting missing language, and updating the telephone number for the NRC's Region IV office.
DATES:
This final rule is effective on December 14, 2022.
ADDRESSES:
Please refer to Docket ID NRC-2022-0100 when contacting the NRC about the availability of information for this action. You may obtain publicly available information related to this action by any of the following methods:
• Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0100. Address questions about NRC dockets to Dawn Forder; telephone: 301-415-3407; email: Dawn.Forder@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.
• NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email to PDR.Resource@nrc.gov.
• NRC's PDR: You may examine and purchase copies of public documents, by appointment, at the PDR, Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8:00 a.m. and 4:00 p.m. eastern time (ET), Monday through Friday, except Federal holidays.
Start Further InfoFOR FURTHER INFORMATION CONTACT:
Helen Chang, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-3228, email: Helen.Chang@nrc.gov.
End Further Info End Preamble Start Supplemental InformationSUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Summary of Changes
III. Rulemaking Procedures
IV. Backfitting and Issue Finality
V. Plain Writing
VI. National Environmental Policy Act
VII. Paperwork Reduction Act
VIII. Congressional Review Act
IX. Compatibility of Agreement State Regulations
I. Introduction
The NRC is amending its regulations in parts 20, 35, 50, 51, 52, 72, 73, 110, and 150 of title 10 of the Code of Federal Regulations (10 CFR). The NRC is making these amendments to correct typographical errors, remove obsolete language, insert missing language, and update the telephone number for the NRC's Region IV office.
II. Summary of Changes
10 CFR Parts 20 and 73
Update Telephone Number. This final rule revises appendix D to 10 CFR part 20 and appendix A to 10 CFR part 73 to update the telephone number for the NRC's Region IV office.
10 CFR Part 35
Insert Missing Language. This final rule amends § 35.13 by restoring paragraphs (b)(4)(i) through (iv), which were incorrectly removed by the 2018 final rule “Medical Event Definitions, Training and Experience, and Clarifying Amendments” (83 FR 33046; July 16, 2018).
10 CFR Part 50
Correct Typographical Error. This final rule amends the second sentence in § 50.75(e)(1)(ii)(A) to remove the text “foregoing,that” and add in its place the text “foregoing, that”.
10 CFR Part 51
Remove Obsolete Language. This final rule amends the definition of “NRC staff director” in § 51.4 to update the title Start Printed Page 68029 “Director, Office of Governmental and Public Affairs” to “Director, Office of Public Affairs” to align with the current organization, and to update the definition to an inline format.
10 CFR Part 52
Correct Typographical Error. This final rule amends footnote 2 to § 52.17 by correcting “an accidents” to read “an accident.” This correction aligns footnote 2 with footnotes 4, 6, 10, and 12 to other sections within the part.
10 CFR Part 72
Correct Typographical Error. This final rule revises Certificate No. 1029 at § 72.214 by removing extra periods and aligning the text with other renewed certificates in this section.
10 CFR Part 110
Insert Missing Language. This final rule amends § 110.22 by restoring the uranium heels provision that was incorrectly removed by the 2010 final rule “Export and Import of Nuclear Equipment and Material; Updates and Clarifications” (75 FR 44072; July 28, 2010). Uranium heels were added as a provision under the general license by the final rule “Export and Import of Nuclear Equipment and Materials” (65 FR 70287; November 22, 2000). This final rule also amends the provision by adding the United Kingdom to reflect the changes that resulted from the United Kingdom's withdrawal from the European Union.
10 CFR Part 150
Insert Missing Language. This final rule amends § 150.15 by adding “or part 52 of this chapter” to paragraphs (a)(7)(iii) and (a)(8) to reference licensees under 10 CFR part 52.
Insert Missing Language. This final rule amends § 150.15 by restoring paragraph (a)(9), which was incorrectly removed by the 2014 final rule “Safeguards Information-Modified Handling Categorization; Change for Materials Facilities” (79 FR 58664; September 30, 2014).
III. Rulemaking Procedures
Under section 553(b) of the Administrative Procedure Act (5 U.S.C. 553(b)), an agency may waive publication in the Federal Register of a notice of proposed rulemaking and opportunity for comment requirements if it finds, for good cause, that it is impracticable, unnecessary, or contrary to the public interest. As authorized by 5 U.S.C. 553(b)(3)(B), the NRC finds good cause to waive notice and opportunity for comment on these amendments, because notice and opportunity for comment is unnecessary. The amendments will have no substantive impact and are of a minor and administrative nature dealing with corrections to certain CFR sections or are related only to management, organization, procedure, and practice. Specifically, the revisions correct typographical errors, remove obsolete language, insert missing language, and update the telephone number for the NRC's Region IV office. The Commission is exercising its authority under 5 U.S.C. 553(b) to publish these amendments as a final rule. The amendments are effective December 14, 2022. These amendments do not require action by any person or entity regulated by the NRC and do not change the substantive responsibilities of any person or entity regulated by the NRC.
IV. Backfitting and Issue Finality
The NRC has determined that the corrections in this final rule would not constitute backfitting as defined in § 50.109, “Backfitting,” and as described in NRC Management Directive (MD) 8.4, “Management of Backfitting, Forward Fitting, Issue Finality, and Information Requests.” These corrections also would not constitute forward fitting as that term is defined and described in MD 8.4 or affect the issue finality of any approval issued under 10 CFR part 52. The amendments are non-substantive in nature, including correcting typographical errors, removing obsolete language, inserting missing language, and updating the telephone number for the NRC's Region IV office. They impose no new requirements and make no substantive changes to the regulations. The corrections do not involve any provisions that would impose backfits as defined in 10 CFR chapter I, or that would be inconsistent with the issue finality provisions in 10 CFR part 52. For these reasons, the issuance of this final rule would not constitute backfitting or be inconsistent with any of the issue finality provisions in 10 CFR part 52. Therefore, the NRC has not prepared any additional documentation for this correction rulemaking addressing backfitting or issue finality.
V. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal agencies to write documents in a clear, concise, and well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum “Plain Language in Government Writing,” published June 10, 1998 (63 FR 31885).
VI. National Environmental Policy Act
The NRC has determined that this final rule is the type of action described in § 51.22(c)(2), which categorically excludes from environmental review rules that are corrective or of a minor, 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.
VII. Paperwork Reduction Act
This final rule does not contain a collection of information as defined in the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995.
VIII. Congressional Review Act
This final rule is not a rule as defined in the Congressional Review Act (5 U.S.C. 801-808).
IX. Compatibility of Agreement State Regulations
Under the “Agreement State Program Policy Statement,” approved by the Commission on October 2, 2017, and published in the Federal Register on October 18, 2017 (82 FR 48535), NRC program elements (including regulations) are placed into compatibility categories A, B, C, D, NRC, or adequacy category Health and Safety (H&S). Compatibility Category A program elements are those program elements that are basic radiation protection standards and scientific terms and definitions that are necessary to understand radiation protection concepts. An Agreement State should adopt Category A program elements in an essentially identical manner in order to provide uniformity in the regulation of agreement material on a nationwide basis. Compatibility Category B program elements are those program elements that apply to activities that have direct and significant effects in multiple jurisdictions. An Agreement State should adopt Category B program elements in an essentially identical manner. Compatibility Category C program elements are those program elements that do not meet the criteria of Category A or B but contain the essential objectives that an Agreement State should adopt to avoid conflict, duplication, gaps, or other conditions that would jeopardize an orderly pattern in the regulation of agreement material on a national basis. An Agreement State should adopt the essential objectives of the Category C program elements. Compatibility Category D program elements are those program elements Start Printed Page 68030 that do not meet any of the criteria of Category A, B, or C and, therefore, do not need to be adopted by Agreement States for purposes of compatibility. Compatibility Category NRC program elements are those program elements that address areas of regulation that cannot be relinquished to the Agreement States under the Atomic Energy Act of 1954, as amended, or provisions of 10 CFR. These program elements should not be adopted by the Agreement States. Compatibility Category H&S program elements are program elements that are required because of a particular health and safety role in the regulation of agreement material within the State and should be adopted in a manner that embodies the essential objectives of the NRC program. The portions of this final rule that amend 10 CFR parts 20, 35, and 150 are a matter of compatibility between the NRC and the Agreement States, thereby providing consistency among Agreement State and NRC requirements, and are listed in the following table. The changes to 10 CFR parts 50, 51, 52, 72, 73, and 110 categories are not subject to Agreement State jurisdiction and consequently are not required for compatibility.
Start List of SubjectsCompatibility Table
Section Change Subject Compatibility Existing New Part 20 Appendix D Amend United States Regulatory Commission Offices D D Part 35 10 CFR 35.13(b) Amend License amendments D D Part 150 10 CFR 150.15 Amend Persons not exempt NRC NRC List of Subjects
10 CFR Part 20
- Byproduct material
- Criminal penalties
- Hazardous waste
- Licensed material
- Nuclear energy
- Nuclear materials
- Nuclear power plants and reactors
- Occupational safety and health
- Packaging and containers
- Penalties
- Radiation protection
- Reporting and recordkeeping requirements
- Source material
- Special nuclear material
- Waste treatment and disposal
10 CFR Part 35
- Biologics
- Byproduct material
- Criminal penalties
- Drugs
- Health facilities
- Health professions
- Labeling
- Medical devices
- Nuclear energy
- Nuclear materials
- Occupational safety and health
- Penalties
- Radiation protection
- Reporting and recordkeeping requirements
10 CFR Part 50
- Administrative practice and procedure
- Antitrust
- Backfitting
- Classified information
- Criminal penalties
- Education
- Emergency planning
- Fire prevention
- Fire protection
- Incorporation by reference
- Intergovernmental relations
- Nuclear power plants and reactors
- Penalties
- Radiation protection
- Reactor siting criteria
- Reporting and recordkeeping requirements
- Whistleblowing
10 CFR Part 51
- Administrative practice and procedure
- Environmental impact statements
- Hazardous waste
- Nuclear energy
- Nuclear materials
- Nuclear power plants and reactors
- Reporting and recordkeeping requirements
10 CFR Part 52
- Administrative practice and procedure
- Antitrust
- Combined license
- Early site permit
- Emergency planning
- Fees
- Incorporation by reference
- Inspection
- Issue finality
- Limited work authorization
- Manufacturing license
- Nuclear power plants and reactors
- Probabilistic risk assessment
- Prototype
- Reactor siting criteria
- Redress of site
- Penalties
- Reporting and recordkeeping requirements
- Standard design
- Standard design certification
10 CFR Part 72
- Administrative practice and procedure
- Hazardous waste
- Indians
- Intergovernmental relations
- Nuclear energy
- Penalties
- Radiation protection
- Reporting and recordkeeping requirements
- Security measures
- Spent fuel
- Whistleblowing
10 CFR Part 73
- Criminal penalties
- Exports
- Hazardous materials transportation
- Imports
- Nuclear energy
- Nuclear materials
- Nuclear power plants and reactors
- Penalties
- Reporting and recordkeeping requirements
- Security measures
10 CFR Part 110
- Administrative practice and procedure
- Classified information
- Criminal penalties
- Exports
- Imports
- Intergovernmental relations
- Nuclear energy
- Nuclear materials
- Nuclear power plants and reactors
- Penalties
- Reporting and recordkeeping requirements
- Scientific equipment
10 CFR Part 150
- Criminal penalties
- Hazardous materials transportation
- Intergovernmental relations
- Nuclear energy
- Nuclear materials
- Penalties
- Reporting and recordkeeping requirements
- Security measures
- Source material
- Special nuclear material
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 20, 35, 50, 51, 52, 72, 73, 110, and 150:
Start PartPART 20—STANDARDS FOR PROTECTION AGAINST RADIATION
End Part Start Amendment Part1. The authority citation for part 20 continues to read as follows:
End Amendment Part Start Amendment Part2. In appendix D to part 20, revise the fifth entry in the table to read as follows:
End Amendment PartAppendix D to Part 20—United States Nuclear Regulatory Commission Regional Offices Start Printed Page 68031
Start PartAddress Telephone (24 hour) Email * * * * * * * Region IV: Alaska, Arizona, Arkansas, California, Colorado, Hawaii, Idaho, Kansas, Louisiana, Mississippi, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wyoming, and the U.S. territories and possessions in the Pacific US NRC, Region IV, 1600 E Lamar Blvd., Arlington, TX 76011-4511 (817) 200-1100, (800) 952-9677, TDD: (301) 415-5575 RidsRgn4MailCenter@nrc.gov. PART 35—MEDICAL USE OF BYPRODUCT MATERIAL
End Part Start Amendment Part3. The authority citation for part 35 continues to read as follows:
End Amendment Part Start Amendment Part4. In § 35.13, revise paragraph (b)(4) to read as follows:
End Amendment PartLicense amendments.* * * * *(b) * * *
(4) An individual who is identified as an authorized user, an authorized nuclear pharmacist, authorized medical physicist, or an ophthalmic physicist—
(i) On a Commission or Agreement State license or other equivalent permit or license recognized by NRC that authorizes the use of byproduct material in medical use or in the practice of nuclear pharmacy;
(ii) On a permit issued by a Commission or Agreement State specific license of broad scope that is authorized to permit the use of byproduct material in medical use or in the practice of nuclear pharmacy;
(iii) On a permit issued by a Commission master material licensee that is authorized to permit the use of byproduct material in medical use or in the practice of nuclear pharmacy; or
(iv) By a commercial nuclear pharmacy that has been authorized to identify authorized nuclear pharmacists;
* * * * *PART 50—DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES
End Part Start Amendment Part5. The authority citation for part 50 continues to read as follows:
End Amendment Part[Amended]6. In § 50.75, amend paragraph (e)(1)(ii)(A) by removing the text “foregoing,that” and adding in its place the text “foregoing, that”.
End Amendment Part Start PartPART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS
End Part Start Amendment Part7. The authority citation for part 51 continues to read in part as follows:
End Amendment Part* * * * *Start Amendment Part8. In § 51.4, remove the definition of NRC Staff Director and add the definition NRC staff director in its place to read as follows:
End Amendment PartDefinitions.* * * * *NRC staff director means the Executive Director for Operations; the Director, Office of Nuclear Reactor Regulation; the Director, Office of Nuclear Material Safety and Safeguards; the Director, Office of Nuclear Regulatory Research; the Director, Office of Public Affairs; and the designee of any NRC staff director.
PART 52—LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER PLANTS
End Part Start Amendment Part9. The authority citation for part 52 continues to read as follows:
End Amendment Part[Amended]10. In footnote 2 to § 52.17, remove the text “an accidents” and add in its place the text “an accident”.
End Amendment Part Start PartPART 72—LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-RELATED GREATER THAN CLASS C WASTE
End Part Start Amendment Part11. The authority citation for part 72 continues to read as follows:
End Amendment Part Start Amendment Part12. In § 72.214, revise Certificate of Compliance No. 1029 to read as follows:
End Amendment PartList of approved spent fuel storage casks.* * * * *Certificate Number: 1029.
Initial Certificate Effective Date: February 5, 2003, superseded by Renewed Initial Certificate on October 27, 2021.
Amendment Number 1 Effective Date: May 16, 2005, superseded by Renewed Amendment Number 1 on October 27, 2021.
Amendment Number 2 Effective Date: Amendment not issued by the NRC.
Amendment Number 3 Effective Date: February 23, 2015, superseded by Renewed Amendment Number 3 on October 27, 2021.
Amendment Number 4 Effective Date: March 12, 2019, superseded by Renewed Amendment Number 4 on October 27, 2021. Start Printed Page 68032
SAR Submitted by: Transnuclear, Inc., now TN Americas, LLC.
Renewal SAR Submitted by: TN Americas, LLC.
SAR Title: Final Safety Analysis Report for the Standardized Advanced NUHOMS® Horizontal Modular Storage System for Irradiated Nuclear Fuel.
Docket Number: 72-1029.
Certificate Expiration Date: February 5, 2023.
Renewed Certificate Expiration Date: February 5, 2063.
Model Number: Standardized Advanced NUHOMS®-24PT1, -24PT4, and -32PTH2.
* * * * *PART 73—PHYSICAL PROTECTION OF PLANTS AND MATERIALS
End Part Start Amendment Part13. The authority citation for part 73 continues to read as follows:
End Amendment Part Start Amendment Part14. In appendix A to part 73, revise the fifth entry in the first table to read as follows:
End Amendment PartAppendix A to Part 73—U.S. Nuclear Regulatory Commission Offices and Classified Mailing Addresses
Address Telephone (24 hour) Email * * * * * * * Region IV: Alaska, Arizona, Arkansas, California, Colorado, Hawaii, Idaho, Kansas, Louisiana, Mississippi, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wyoming, and the U.S. territories and possessions in the Pacific US NRC, Region IV, 1600 E Lamar Blvd., Arlington, TX 76011-4511 (817) 200-1100, (800) 952-9677, TDD: (301) 415-5575 RidsRgn4MailCenter@nrc.gov. * * * * *Start PartPART 110—EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL
End Part Start Amendment Part15. The authority citation for part 110 continues to read as follows:
End Amendment PartSection 110.1(b) also issued under 22 U.S.C. 2403; 22 U.S.C. 2778a; 50 App. U.S.C. 2401 et seq.
Start Amendment Part16. In § 110.22, add paragraph (a)(4) to read as follows:
End Amendment PartGeneral license for the export of source material.(a) * * *
(4) A general license is issued to any person to export uranium, enriched to less than 20 percent in U-235, in the form of UF6 heels in cylinders being returned to suppliers in EURATOM or the United Kingdom.
* * * * *PART 150—EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274
End Part Start Amendment Part17. The authority citation for part 150 continues to read in part as follows:
End Amendment Part* * * * *Start Amendment Part18. In § 150.15:
End Amendment Part Start Amendment Parta. Amend paragraphs (a)(7)(iii) and (a)(8) by removing the text “under part 50 of this chapter” and adding in its place the text “under part 50 or 52 of this chapter”; and
End Amendment Part Start Amendment Partb. Add paragraph (a)(9).
End Amendment PartThe addition reads as follows:
Persons not exempt.(a) * * *
(9) The requirements for the protection of Safeguards information in § 73.21 of this chapter and the requirements in § 73.22 or § 73.23 of this chapter, as applicable.
* * * * *Dated: November 7, 2022.
For the Nuclear Regulatory Commission.
Cindy K. Bladey,
Chief, Regulatory Analysis and Rulemaking Support Branch, Division of Rulemaking, Environmental, and Financial Support, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2022-24614 Filed 11-10-22; 8:45 am]
BILLING CODE 7590-01-P
Document Information
- Effective Date:
- 12/14/2022
- Published:
- 11/14/2022
- Department:
- Nuclear Regulatory Commission
- Entry Type:
- Rule
- Action:
- Final rule.
- Document Number:
- 2022-24614
- Dates:
- This final rule is effective on December 14, 2022.
- Pages:
- 68028-68032 (5 pages)
- Docket Numbers:
- NRC-2022-0100
- RINs:
- 3150-AK81
- Topics:
- Administrative practice and procedure, Antitrust, Biologics, Classified information, Drugs, Education, Environmental impact statements, Exports, Fees, Fire prevention, Hazardous materials transportation, Hazardous waste, Health facilities, Health professions, Imports, Incorporation by reference, Indians, Intergovernmental relations, Labeling, Medical devices, Nuclear energy, Nuclear materials, Nuclear power plants and reactors, Occupational safety and health, Packaging and containers, Penalties,...
- PDF File:
- 2022-24614.pdf
- Supporting Documents:
- » Miscellaneous Corrections
- CFR: (7)
- 10 CFR 35.13
- 10 CFR 50.75
- 10 CFR 51.4
- 10 CFR 52.17
- 10 CFR 72.214
- More ...