[Federal Register Volume 80, Number 189 (Wednesday, September 30, 2015)]
[Rules and Regulations]
[Pages 58573-58574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24603]



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 Rules and Regulations
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  Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / 
Rules and Regulations  

[[Page 58573]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 20, 32, 54, 73, 95, and 110

[NRC-2015-0122]
RIN 3150-AJ61


Formatting and Non-Substantive Corrections to Authority 
Citations; Corrections

AGENCY: Nuclear Regulatory Commission.

ACTION: Correcting amendments.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) published a final 
rule in the Federal Register on September 9, 2015, that amended its 
regulations to better adhere to the Office of Federal Register's (OFR) 
guidance for formatting authority citations. In addition, the final 
rule corrected typographical errors and made other non-substantive 
corrections to the NRC's authority citations. The final rule contained 
incorrect punctuation and spacing, one incorrect reference, and omitted 
two references. This document makes additional corrections to NRC's 
authority citations.

DATES: This rule is effective on September 30, 2015.

ADDRESSES: Please refer to Docket ID NRC-2015-0122 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0122. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. 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 http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then 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, 301-415-4737, or by email to [email protected].
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Cindy Bladey, Office of 
Administration, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-415-3280, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Discussion

    The NRC published a final rule in the Federal Register on September 
9, 2015 (80 FR 54223), that amended its regulations to better adhere to 
the OFR's guidance for formatting authority citations. In addition, the 
final rule corrected typographical errors and made other non-
substantive corrections to the NRC's authority citations. The final 
rule inadvertently included incorrect punctuation and spacing in the 
authority citations for parts 54, 95, and 110 of Title 10 of the Code 
of Federal Regulations (10 CFR).
    The final rule also included an incorrect reference in the 
authority citation for 10 CFR part 73. In a final rule published on May 
20, 2013 (78 FR 29520), the NRC moved the advance notification 
provisions to governors of affected states for shipments of spent 
nuclear fuel through their affected states from 10 CFR 73.37(f) to 10 
CFR 73.37(b)(2). There was no conforming change made to the authority 
citation for 10 CFR part 73, which still referenced 10 CFR 73.37(f). In 
a final rule published on November 10, 2014 (79 FR 66598), the NRC 
corrected this reference by changing it to 10 CFR 73.37(b)(2) in the 
authority citation for 10 CFR part 73. The September 9, 2015, final 
rule inadvertently reversed the previous correction. This document 
restores the authority citation for 10 CFR part 73 to reference 10 CFR 
73.37(b)(2) rather than 10 CFR 73.37(f).
    In addition, the final rule did not include a reference to Section 
229 of the Atomic Energy Act (42 U.S.C. 2278a) in the authority 
citation for 10 CFR part 73. In a final rule published on October 14, 
2009, the NRC amended its regulations to authorize the imposition of 
federal criminal penalties on those who introduce weapons or explosives 
without authorization into specified classes of facilities subject to 
NRC regulatory authority (74 FR 52667). The authority for this 
amendment derived from Section 654 of the Energy Policy Act of 2005 
(EPAct), codified at 42 U.S.C. 2278a. The September 9, 2015, final rule 
converted citations to the EPAct to their corresponding citations in 
the United States Code, but did not include a reference to 42 U.S.C. 
2278a. This document adds this reference to the 10 CFR part 73 
authority citation.
    Lastly, the final rule did not include a reference to Section 170H 
of the Atomic Energy Act (42 U.S.C. 2210h) in the authority citations 
for 10 CFR parts 20 and 32. In a final rule published on November 8, 
2006, the NRC amended its regulations to implement the National Source 
Tracking System for certain sealed sources as required by Section 
651(d) of the EPAct (71 FR 65686). In the 2006 final rule, the 
authority citations for 10 CFR parts 20 and 32 both referenced the 
entirety of the EPAct as authority, but these references were changed 
to specific references to Section 651(e) of the EPAct in a final rule 
published on October 1, 2007 (72 FR 55864), effectively removing the 
references to Section 651(d). The September 9, 2015, final rule did not 
restore this reference (codified at 42 U.S.C. 2210h). This document 
adds this reference to the authority citations for 10 CFR parts 20 and 
32.

II. Rulemaking Procedure

    Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency 
may waive the normal notice and comment requirements if it finds, for 
good cause, that they are impracticable, unnecessary, or contrary to 
the public interest. As authorized by 5 U.S.C. 553(b)(B), the NRC finds 
good cause to waive notice and opportunity for comment on the 
amendments because it will have no substantive impact and is

[[Page 58574]]

of a minor and administrative nature. Specifically, these amendments 
are to correct punctuation and spacing and incorrect and omitted 
references in authority citations. These amendments do not require 
action by any person or entity regulated by the NRC. Also, the final 
rule does not change the substantive responsibilities of any person or 
entity regulated by the NRC. Furthermore, for these reasons, the NRC 
finds, pursuant to 5 U.S.C. 553(d)(3), that good cause exists to make 
this rule effective upon publication of this document.

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 32

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

10 CFR Part 54

    Administrative practice and procedure, Age-related degradation, 
Backfitting, Classified information, Criminal penalties, Environmental 
protection, Nuclear power plants and reactors, Penalties, Radiation 
protection, Reporting and recordkeeping requirements.

10 CFR Part 73

    Criminal penalties, Exports, Hazardous materials transportation, 
Incorporation by reference, Imports, Nuclear energy, Nuclear materials, 
Nuclear power plants and reactors, Penalties, Reporting and 
recordkeeping requirements, Security measures.

10 CFR Part 95

    Classified information, Criminal penalties, Penalties, Reporting 
and recordkeeping requirements, Security measures.

10 CFR Part 110

    Administrative practice and procedure, Classified information, 
Criminal penalties, Exports, Incorporation by reference, Imports, 
Intergovernmental relations, Nuclear energy, Nuclear materials, Nuclear 
power plants and reactors, Penalties, Reporting and recordkeeping 
requirements, Scientific equipment.

    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, 32, 54, 73, 95, and 110.

PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION

0
1. The authority citation for part 20 is revised to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 11, 53, 63, 65, 81, 
103, 104, 161, 170H, 182, 186, 223, 234, 274, 1701 (42 U.S.C. 2014, 
2073, 2093, 2095, 2111, 2133, 2134, 2201, 2210h, 2232, 2236, 2273, 
2282, 2021, 2297f); Energy Reorganization Act of 1974, secs. 201, 
202 (42 U.S.C. 5841, 5842); Low-Level Radioactive Waste Policy 
Amendments Act of 1985, sec. 2 (42 U.S.C. 2021b); 44 U.S.C. 3504 
note.

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

0
2. The authority citation for part 32 is revised to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 81, 161, 170H, 181, 
182, 183, 223, 234, 274 (42 U.S.C. 2111, 2201, 2210h, 2231, 2232, 
2233, 2273, 2282, 2021); Energy Reorganization Act of 1974, sec. 201 
(42 U.S.C. 5841); 44 U.S.C. 3504 note.

PART 54--REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR 
POWER PLANTS

0
3. The authority citation for part 54 is revised to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 102, 103, 104, 161, 
181, 182, 183, 186, 189, 223, 234 (42 U.S.C. 2132, 2133, 2134, 2136, 
2137, 2201, 2231, 2232, 2233, 2236, 2239, 2273, 2282); Energy 
Reorganization Act of 1974, secs. 201, 202, 206 (42 U.S.C. 5841, 
5842, 5846); 44 U.S.C. 3504 note.
    Section 54.17 also issued under E.O. 12829, 58 FR 3479, 3 CFR, 
1993 Comp., p. 570; E.O. 13526, 75 FR 707, 3 CFR, 2009 Comp., p. 
298; E.O. 12968, 60 FR 40245, 3 CFR, 1995 Comp., p. 391.

PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS

0
4. The authority citation for part 73 is revised to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 53, 147, 149, 161, 
170D, 170E, 170H, 170I, 223, 229, 234, 1701 (42 U.S.C. 2073, 2167, 
2169, 2201, 2210d, 2210e, 2210h, 2210i, 2273, 2278a, 2282, 2297f); 
Energy Reorganization Act of 1974, secs. 201, 202 (42 U.S.C. 5841, 
5842); Nuclear Waste Policy Act of 1982, secs. 135, 141 (42 U.S.C. 
10155, 10161); 44 U.S.C. 3504 note.
    Section 73.37(b)(2) also issued under Sec. 301, Public Law 96-
295, 94 Stat. 789 (42 U.S.C. 5841 note).

PART 95--FACILITY SECURITY CLEARANCE AND SAFEGUARDING OF NATIONAL 
SECURITY INFORMATION AND RESTRICTED DATA

0
5. The authority citation for part 95 is revised to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 145, 161, 223, 234 
(42 U.S.C. 2165, 2201, 2273, 2282); Energy Reorganization Act of 
1974, sec. 201 (42 U.S.C. 5841); 44 U.S.C. 3504 note; E.O. 10865, as 
amended, 25 FR 1583, 3 CFR, 1959-1963 Comp., p. 398; E.O. 12829, 58 
FR 3479, 3 CFR, 1993 Comp., p. 570; E.O. 12968, 60 FR 40245, 3 CFR, 
1995 Comp., p. 391; E.O. 13526, 75 FR 707, 3 CFR, 2009 Comp., p. 
298.

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

0
6. The authority citation for part 110 is revised to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 11, 51, 53, 54, 57, 
62, 63, 64, 65, 81, 82, 103, 104, 109, 111, 121, 122, 123, 124, 126, 
127, 128, 129, 133, 134, 161, 170H, 181, 182, 183, 184, 186, 187, 
189, 223, 234 (42 U.S.C. 2014, 2071, 2073, 2074, 2077, 2092, 2093, 
2094, 2095, 2111, 2112, 2133, 2134, 2139, 2141, 2151, 2152, 2153, 
2154, 2155, 2156, 2157, 2158, 2160c, 2160d, 2201, 2210h, 2231, 2232, 
2233, 2234, 2236, 2237, 2239, 2273, 2282); Energy Reorganization Act 
of 1974, sec. 201 (42 U.S.C. 5841); Administrative Procedure Act (5 
U.S.C. 552, 553); 42 U.S.C. 2139a, 2155a; 44 U.S.C. 3504 note.
    Section 110.1(b) also issued under 22 U.S.C. 2403; 22 U.S.C. 
2778a; 50 App. U.S.C. 2401 et seq.

    Dated at Rockville, Maryland, this 23rd day of September, 2015.

    For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Rules, Announcements, and Directives Branch, Division of 
Administrative Services, Office of Administration.
[FR Doc. 2015-24603 Filed 9-29-15; 8:45 am]
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