[Federal Register Volume 82, Number 219 (Wednesday, November 15, 2017)]
[Rules and Regulations]
[Pages 52823-52826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24259]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 /
Rules and Regulations
[[Page 52823]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 2, 9, 40, 50, 61, 71, 73, and 110
RIN 3150-AK08
[NRC-2017-0170]
Miscellaneous Corrections
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
regulations to make miscellaneous corrections. The amendments include
correcting references, an address and a misspelling. The amendments
will also make references to persons in one part of the NRC's
regulations gender neutral. This document is necessary to inform the
public of these non-substantive amendments to the NRC's regulations.
DATES: This rule is effective December 15, 2017. The material
incorporated by reference was previously approved by the Director of
the Federal Register.
ADDRESSES: Please refer to Docket ID NRC-2017-0170 when contacting the
NRC about the availability of information for this final rule. You may
obtain publicly-available information related to this final rule by any
of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0170. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, please
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section of this final rule.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available NRC 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].
There are no NRC documents referenced in this document.
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: Dawn Forder, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-3407, email:
[email protected]; U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is amending its regulations in parts 2, 9, 40, 50, 61, 71,
73, and 110 of title 10 of the Code of Federal Regulations (10 CFR) to
make miscellaneous corrections. The amendments include correcting
references, an address and a misspelling. The amendments will also make
references to persons in one part of the NRC's regulations gender
neutral. Future NRC miscellaneous corrections rules will amend other
parts of the regulations for gender neutral references until all
references have been amended. This document is necessary to inform the
public of these non-substantive amendments to the NRC's regulations.
II. Summary of Changes
10 CFR Part 2
Correct Reference. In Sec. 2.1200, this final rule removes the
incorrect reference to Sec. 2.101(f)(8) and replaces it with the
correct reference Sec. 2.101(e)(8).
10 CFR Part 9
Revise Nomenclature. This final rule revises all gender references
in 10 CFR part 9 to include both male and female genders. Future
miscellaneous corrections rules will revise additional male only gender
references throughout 10 CFR Chapter I.
10 CFR Part 40
Correct Reference. In Sec. 40.35(f), this final rule removes the
incorrect reference ``Sec. 40.31(i)'' and replaces it with the correct
reference ``Sec. 40.31(j)(1)-(4)''.
10 CFR Part 50
Correct Omission. In Sec. 50.43(e), this final rule adds standard
design approvals (SDAs) to the requirements for certain reactor
applicants performing demonstrations or tests prior to NRC approval of
the design, per the SDA content of applications requirement at Sec.
52.137(b). The SDA requirements were discussed as part of the
Statements of Consideration for the previous amendment to Sec.
50.43(e); however, the addition was omitted from the regulatory text
(72 FR 49352). This final rule corrects that omission.
Correct Reference. In Sec. 50.55a(b)(2)(ix)(B), this final rule
revises the rule language to correctly reference the relevant table.
The table designation in Section XI, Division 1, of the American
Society of Mechanical Engineers Boiler and Pressure Vessel Code changed
from Table IWA-2210-1 to IWA-2211-1 starting with the 2005 Addenda,
which was approved for incorporation by reference in 2011 (76 FR 36232;
June 21, 2011).
10 CFR Parts 61, 71, and 73
Correct Reference. Title 25 of the United States Code (25 U.S.C.)
was reclassified and renumbered, which changed the location of some of
the citations used in the NRC's regulations. These changes will update
the citations used, but not make substantive changes. Title 25 U.S.C.
479a is now located at 25 U.S.C. 5130. Title 25 U.S.C. 450 is now 25
U.S.C. 5301; however, the actual section with the definition is 25
U.S.C. 5304.
Correct Address. In part 73, appendix A, the incorrect zip code
``30303-1245'' for Region II is corrected to read ``30303-1257''.
10 CFR Part 110
Correct Spelling. In part 110, this final rule removes all
instances of the misspelled term ``terabequeral'' and replaces them
with the correct term ``terabecquerel''.
III. Rulemaking Procedure
Under 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
[[Page 52824]]
good cause, that they are 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 are unnecessary.
The amendments will have no substantive impact and are of a minor and
administrative nature dealing with corrections to certain CFR sections
related only to management, organization, procedure, and practice.
Specifically, the revisions include correcting references, correcting
an address and correcting a misspelling. The Commission is exercising
its authority under 5 U.S.C. 553(b)(3)(B) to publish these amendments
as a final rule. The amendments are effective December 15, 2017. 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. Environmental Impact: Categorical Exclusion
The NRC has determined that this final rule is the type of action
described in 10 CFR 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.
V. Paperwork Reduction Act Statement
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.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the document requesting
or requiring the collection displays a currently valid OMB control
number.
VI. 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
31883).
VII. Backfitting and Issue Finality
The NRC has determined that the corrections in this final rule do
not constitute backfitting and are not inconsistent with any of the
issue finality provisions in 10 CFR part 52. The amendments are non-
substantive in nature, including correcting references, correcting an
address and correcting a misspelling. 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 would be inconsistent with the issue finality
provisions in 10 CFR part 52. For these reasons, the issuance of the
rule in final form would not constitute backfitting or represent a
violation of 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.
List of Subjects
10 CFR Part 2
Administrative practice and procedure, Antitrust, Byproduct
material, Classified information, Confidential business information,
Freedom of information, Environmental protection, Hazardous waste,
Nuclear energy, Nuclear materials, Nuclear power plants and reactors,
Penalties, Reporting and recordkeeping requirements, Sex
discrimination, Source material, Special nuclear material, Waste
treatment and disposal.
10 CFR Part 9
Administrative practice and procedure, Courts, Criminal penalties,
Freedom of information, Government employees, Privacy, Reporting and
recordkeeping requirements, Sunshine Act.
10 CFR Part 40
Criminal penalties, Exports, Government contracts, Hazardous
materials transportation, Hazardous waste, Nuclear energy, Nuclear
materials, Penalties, Reporting and recordkeeping requirements, Source
material, Uranium, Whistleblowing.
10 CFR Part 50
Administrative practice and procedure, Antitrust, Classified
information, Criminal penalties, Education, 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 61
Criminal penalties, Hazardous waste, Indians, Intergovernmental
relations, Low-level waste, Nuclear energy, Nuclear materials,
Penalties, Reporting and recordkeeping requirements, Waste treatment
and disposal, Whistleblowing.
10 CFR Part 71
Criminal penalties, Hazardous materials transportation,
Incorporation by reference, Intergovernmental relations, Nuclear
materials, Packaging and containers, Penalties, Radioactive materials,
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 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 2, 9, 40, 50, 61, 71, 73, and
110:
PART 2--AGENCY RULES OF PRACTICE AND PROCEDURE
0
1. The authority citation for part 2 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 29, 53, 62, 63, 81,
102, 103, 104, 105, 161, 181, 182, 183, 184, 186, 189, 191, 234 (42
U.S.C. 2039, 2073, 2092, 2093, 2111, 2132, 2133, 2134, 2135, 2201,
2231, 2232, 2233, 2234, 2236, 2239, 2241, 2282); Energy
Reorganization Act of 1974, secs. 201, 206 (42 U.S.C. 5841, 5846);
Nuclear Waste Policy Act of 1982, secs. 114(f), 134, 135, 141 (42
U.S.C. 10134(f), 10154, 10155, 10161); Administrative Procedure Act
(5 U.S.C. 552, 553, 554, 557, 558); National Environmental Policy
Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504 note. Section 2.205(j)
also issued under 28 U.S.C. 2461 note.
[[Page 52825]]
Sec. 2.1200 [Amended]
0
2. In Sec. 2.1200, remove the reference ``2.101(f)(8)'' and add in its
place the reference ``2.101(e)(8)''.
PART 9--PUBLIC RECORDS
0
3. The authority citation for part 9 continues to read as follows:
Authority: Atomic Energy Act of 1954, sec. 161 (42 U.S.C.
2201); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841);
44 U.S.C. 3504 note.
Subpart A also issued under 31 U.S.C. 9701.
Subpart B also issued under 5 U.S.C. 552a.
Subpart C also issued under 5 U.S.C. 552b.
0
4. In part 9, wherever it may appear remove the word ``he'' and add in
its place the phrase, ``he or she''; wherever it may appear remove the
word ``him'' and add in its place the phrase, ``him or her''; wherever
it may appear remove the word ``himself'' and add in its place the
phrase, ``himself or herself''; and wherever it may appear remove the
word ``his'' and add in its place the phrase, ``his or her''.
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL
0
5. The authority citation for part 40 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 62, 63, 64, 65, 69,
81, 83, 84, 122, 161, 181, 182, 183, 184, 186, 187, 193, 223, 234,
274, 275 (42 U.S.C. 2092, 2093, 2094, 2095, 2099, 2111, 2113, 2114,
2152, 2201, 2231, 2232, 2233, 2234, 2236, 2237, 2243, 2273, 2282,
2021, 2022); Energy Reorganization Act of 1974, secs. 201, 202, 206,
211 (42 U.S.C. 5841, 5842, 5846, 5851); Uranium Mill Tailings
Radiation Control Act of 1978, sec. 104 (42 U.S.C. 7914); 44 U.S.C.
3504 note.
Sec. 40.35 [Amended]
0
6. In Sec. 40.35(f), remove the reference ``Sec. 40.31(i)'' and add
in its place the reference ``Sec. 40.31(j)(1)-(4)''.
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
0
7. The authority citation for part 50 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 101, 102, 103,
104, 105, 108, 122, 147, 149, 161, 181, 182, 183, 184, 185, 186,
187, 189, 223, 234 (42 U.S.C. 2014, 2131, 2132, 2133, 2134, 2135,
2138, 2152, 2167, 2169, 2201, 2231, 2232, 2233, 2234, 2235, 2236,
2237, 2239, 2273, 2282); Energy Reorganization Act of 1974, secs.
201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); Nuclear Waste
Policy Act of 1982, sec. 306 (42 U.S.C. 10226); National
Environmental Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504
note; Sec. 109, Pub. L. 96-295, 94 Stat. 783.
0
8. Revise Sec. 50.43(e) introductory text to read as follows:
Sec. 50.43 Additional standards and provisions affecting class 103
licenses and certifications for commercial power.
* * * * *
(e) Applications for a design certification, combined license,
manufacturing license, operating license or standard design approval
that propose nuclear reactor designs which differ significantly from
light-water reactor designs that were licensed before 1997. Or use
simplified, inherent, passive, or other innovative means to accomplish
their safety functions will be approved only if:
* * * * *
0
9. Revise Sec. 50.55a(b)(2)(ix)(B) to read as follows:
Sec. 50.55a Codes and standards.
* * * * *
(b) * * *
(2) * * *
(ix) * * *
(B) Metal containment examinations: Second provision. When
performing remotely the visual examinations required by Subsection IWE,
the maximum direct examination distance specified in Table IWA-2210-1
(1992 Edition through 2004 Edition) or Table IWA-2211-1 (2005 Addenda
through the latest edition and addenda incorporated by reference in
paragraph (a)(1) of this section) may be extended and the minimum
illumination requirements specified may be decreased provided that the
conditions or indications for which the visual examination is performed
can be detected at the chosen distance and illumination.
* * * * *
PART 61--LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE
WASTE
0
10. The authority citation for part 61 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 53, 57, 62, 63, 65,
81, 161, 181, 182, 183, 223, 234 (42 U.S.C. 2073, 2077, 2092, 2093,
2095, 2111, 2201, 2231, 2232, 2233, 2273, 2282); Energy
Reorganization Act of 1974, secs. 201, 206, 211 (42 U.S.C. 5841,
5846, 5851); Low-Level Radioactive Waste Policy Amendments Act of
1985, sec. 2 (42 U.S.C. 2021b); 44 U.S.C. 3504 note.
Sec. 61.2 [Amended]
0
11. In Sec. 61.2, wherever it may appear remove the reference ``25
U.S.C. 450'' and add in its place the reference ``25 U.S.C. 5301''.
PART 71--PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL
0
12. The authority citation for part 71 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 53, 57, 62, 63, 81,
161, 182, 183, 223, 234, 1701 (42 U.S.C. 2073, 2077, 2092, 2093,
2111, 2201, 2232, 2233, 2273, 2282, 2297f); Energy Reorganization
Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846,
5851); Nuclear Waste Policy Act of 1982, sec. 180 (42 U.S.C. 10175);
44 U.S.C. 3504 note.
Sec. 71.4 [Amended]
0
13. In Sec. 71.4, remove the reference ``25 U.S.C. 479a'' from the
definition of ``Indian tribe'' and add in its place the reference ``25
U.S.C. 5130''.
PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS
0
14. The authority citation for part 73 continues 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).
Sec. 73.2 [Amended]
0
15. In Sec. 73.2, remove the reference ``25 U.S.C. 479a'' from the
definition of ``Indian tribe'' and add in its place the reference ``25
U.S.C. 5130''.
Appendix A to Part 73 [Amended]
0
16. In appendix A to part 73, remove the zip code ``30303-1245'' from
the ``Region II'' entry in the first table, and add in its place the
zip code ``30303-1257''.
PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL
0
17. The authority citation for part 110 continues 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, 20710, 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, secs. 201 (42 U.S.C. 5841); Administrative Procedure Act (5
U.S.C. 552,
[[Page 52826]]
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.
Sec. 110.2 [Amended]
0
18. In Sec. 110.2, remove the word ``Terabequerels'' from the
definition of ``Specific activity'' and add in its place the word
``terabecquerels''.
Sec. 110.23 [Amended]
0
19. In Sec. 110.23(a)(3), remove the word ``terabequeral'' and add in
its place the word ``terabecquerel''.
Sec. 110.32 [Amended]
0
20. In Sec. 110.32(f)(1), remove the word ``terabequerels'' and add in
its place the word ``terabecquerels''.
Appendix P to Part 110 [Amended]
0
21. In Appendix P to Part 110, remove the word ``Terabequerels''
wherever it appears in Table 1 and add in its place the word
``Terabecquerels''.
Dated at Rockville, Maryland, this 2nd day of November, 2017.
For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Regulatory Analysis and Rulemaking Support Branch, Division of
Rulemaking, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2017-24259 Filed 11-14-17; 8:45 am]
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